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HomeMy WebLinkAboutMINUTES - 02262019 - Board of SupervisorsCALENDAR 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 JOHN GIOIA, CHAIR, 1ST DISTRICT CANDACE ANDERSEN, VICE CHAIR, 2ND DISTRICT DIANE BURGIS, 3RD DISTRICT KAREN MITCHOFF , 4TH DISTRICT FEDERAL D. GLOVER, 5TH 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 February 26, 2019            9:00 A.M. Convene and announce adjournment to closed session in Room 101. Closed Session A. CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code § 54957.6) 1. Agency Negotiators: David Twa and Richard Bolanos. Employee Organizations: Public Employees Union, Local 1; AFSCME Locals 512 and 2700; California Nurses Assn.; SEIU Locals 1021 and 2015; District Attorney Investigators’ Assn.; Deputy Sheriffs Assn.; United Prof. Firefighters I.A.F.F., Local 1230; Physicians’ & Dentists’ Org. of Contra Costa; Western Council of Engineers; United Chief Officers Assn.; Contra Costa County Defenders Assn.; Contra Costa County Deputy District Attorneys’ Assn.; Prof. & Tech. Engineers IFPTE, Local 21; and Teamsters Local 856. 2. Agency Negotiators: David Twa. Unrepresented Employees: All unrepresented employees. B. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Gov. Code § 54956.9(d)(1)) Queen Bayless-Jackson and Robert Jackson v. Aaron Hayashi, M.D., et al.; Contra Costa County Superior Court, Case No. C17-01576 1. John Mozzetti (Deceased) v. Contra Costa County, WCAB No. ADJ109196282. James Butler, et al. v. County of Contra Costa, et al.; Contra Costa County Superior Court, Case No. C16-017843. Los Medanos Community Healthcare District v. Contra Costa Local Agency Formation Commission, Contra Costa County Superior Court, Case No. C19-00048 4. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION3. Significant exposure to litigation pursuant to Gov. Code, § 54956.9(d)(2): [Three potential cases.] D. LIABILITY CLAIMS In re Claim of Kerri and Michael Harris 9:30 A.M. Call to order and opening ceremonies. Inspirational Thought- "America was not built on fear. America was built on courage, on imagination and an unbeatable determination to do the job at hand." ~Harry S. Truman determination to do the job at hand." ~Harry S. Truman Present: John Gioia, District I Supervisor; Candace Andersen, District II Supervisor; Karen Mitchoff, District IV Supervisor; Federal D. Glover, District V Supervisor Absent: Diane Burgis, District III Supervisor Staff Present:David Twa, County Administrator CONSIDER CONSENT ITEMS (Items listed as C.1 through C.89 on the following agenda) – Items are subject to removal from Consent Calendar by request of any Supervisor or on request for discussion by a member of the public. Items removed from the Consent Calendar will be considered with the Discussion Items.   PRESENTATIONS (5 Minutes Each)   PRESENTATION to recognize the annual March for Meals Drive. (Supervisor Mitchoff)     AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) PRESENTATION to recognize the winners of the Contra Costa County Poetry Out Loud 2019 Competition. (Petural Shelton, AC5 Commissioner, Arts and Culture Committee of Contra Costa County)     AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) 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)    Helene Schwarzenberger, resident of Pleasant Hill, desires a change to county code to allow for a private security or caretaker to reside on private property in an RV (attachment); Lisa Kirk, a Contra Costa resident that volunteers to trap-neuter-release to community cats, said she has noticed a growing trend in the county of people apparently breeding german shephards, which command a higher profit than pit bulls. She requests that the County consider adopting a breeding ordinance to address backyard breeding, which adds to the burden on animal services shelters; Kenji Yamada did not wish to speak, but provided written commentary for the Board in regard to notices along the Iron Horse Trail that prohibit camping, but have an outdated or missing phone number to contact emergency shelter services (attached).   D. 3 CONSIDER accepting the 2018 Annual Report from the Contra Costa County Flood Control and Water Conservation District (Flood Control District); DIRECT the Chief Engineer, or designee, to implement the Action Plans in the report, with a follow-up report to the Board of Supervisors annually; and REFER the Flood Control District’s efforts to develop sustainable funding to the Transportation, Water and Infrastructure Committee, Countywide. (100% Flood Control District Funds) (Michelle Cordis, Public Works Department)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) D. 4 HEARING to consider an appeal of the County Planning Commission’s decision to approve a wireless facility    D. 4 HEARING to consider an appeal of the County Planning Commission’s decision to approve a wireless facility access permit for a Verizon Wireless cell site on a utility pole in the Danville Boulevard right-of-way in Alamo (Permit WA18-0002). (Aruna Bhat/Telma Moreira, Conservation and Development Department)       Speakers; Matt Lewis; Cathy Wojan; Joia Boos; Cathy Wojan; Gina; Art Scimia, Meadow Lane Improvement Association; David Baer; Lisa Snortum-Phelps; Ruth Strong; Kraj Khararjan; Linda Uhrenholt; Roger Smith; Anne Goldman; Alex Krueger; Megan Maddern; Melanie Volk; Kimberly Crowe; Shannon Erickson; Nadine Whisnant; Jill Sanchez. Written commentary was received from (attached): Jami Tucker, Christine Scimia, Rob Harrison, Scott Maddern, Erin Lewis, Blessings Robertson-Winn, Elaine Gast, Judy DeYoe, Kirsten Muzinich, Rachel Day, Melanie Volk, no name, Irene Amido, Penelope Kojina, Tanya Krueger, Hayuta Jain, Susanne Frey, Jodee Brydges, Alex & Tanya Krueger,Kate Rudick, Christina Heil, Mandula Rewal, Kimiko Nguyen, Mitch Tunick, Karrie Haneman, Barry Winters, Tarplaijo, Eunice Chan, Christine Brashear, Miriam Winters, Bradley Hillbrandt, Laura Hillebrandt, Elizabeth Yuan, Devon Mitzel, Brett Pels, Woodie Dixon, Edward Volk, Hanh T. Estep, Joe & Paula Buenavistas, Mary Dietler, Lianna Gatto, Melanie Volk, Wendy Ko, Caroline Sherborne & Charles Bouch. CLOSED the public hearing; DETERMINED that County File #WA18-0002 is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15303; DIRECTED the Department of Conservation and Development to file a CEQA Notice of Exemption with the County Clerk; APPROVED a wireless facility access permit for a Verizon Wireless cell site on a utility pole in the Danville Boulevard public right of way in Alamo (Permit No. WA18-0002); APPROVED the findings in support of Permit No. WA18-0002; APPROVED the conditions of approval for Permit No. WA18-0002 with amendments: (1) within 15 days after facility installation, Verizon must complete radio frequency (RF) testing at the facility, and, at the same time, Verizon must perform RF testing for interested property owners at their properties within a 300 foot radius of the facility , and (2) one year after facility installation, Verizon must re-perform RF testing at the facility, and, at the same time, perform RF testing for interested property owners at their properties within a 300 foot radius of the facility; and DENIED the appeal of Alice Lee, MD.     AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) D. 5 HEARING to consider an appeal of the County Planning Commission’s decision to approve a wireless facility access permit for a Verizon Wireless cell site on a utility pole in the public right-of-way near 1955 Meadow Road, in unincorporated Walnut Creek (Permit No. WA18-0003). (Aruna Bhat/Telma Moreira, Conservation Development Department)       Speakers; Matt Lewis; Cathy Wojan; Joia Boos; Cathy Wojan; Gina; Art Scimia, Meadow Lane Improvement Association; David Baer; Lisa Snortum-Phelps; Ruth Strong; Kraj Khararjan; Linda Uhrenholt; Roger Smith; Anne Goldman; Alex Krueger; Megan Maddern; Melanie Volk; Kimberly Crowe; Shannon Erickson; Nadine Whisnant; Jill Sanchez. Written commentary was received from (attached): Jami Tucker, Christine Scimia, Rob Harrison, Scott Maddern, Erin Lewis, Blessings Robertson-Winn, Elaine Gast, Judy DeYoe, Kirsten Muzinich, Rachel Day, Melanie Volk, no name, Irene Amido, Penelope Kojina, Tanya Krueger, Hayuta Jain, Susanne Frey, Jodee Brydges, Alex & Tanya Krueger,Kate Rudick, Christina Heil, Mandula Rewal, Kimiko Nguyen, Mitch Tunick, Karrie Haneman, Barry Winters, Tarplaijo, Eunice Chan, Christine Brashear, Miriam Winters, Bradley Hillbrandt, Laura Hillebrandt, Elizabeth Yuan, Devon Mitzel, Brett Pels, Woodie Dixon, Edward Volk, Hanh T. Estep, Joe & Paula Buenavistas, Mary Dietler, Lianna Gatto, Melanie Volk, Wendy Ko, Caroline Sherborne & Charles Bouch. CLOSED the public hearing; DETERMINED that County File #WA18-0003 is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15303; DIRECTED the Department of Conservation and Development to file a CEQA Notice of Exemption with the County Clerk; APPROVED a wireless facilities access permit for a Verizon Wireless cell site on a utility pole in the Danville Boulevard public right of way in Alamo (Permit No. WA18-0003); APPROVED the findings in support of Permit No. WA18-0003; APPROVED the conditions of approval for Permit No. WA18-0003 with amendments: (1) within 15 days after facility installation, Verizon must complete radio frequency (RF) testing at the facility, and, at the same time, Verizon must perform RF testing for interested property owners at their properties within a 300 foot radius of the facility, (2) one year after facility installation, Verizon must re-perform RF testing at the facility, and, at the same time, perform RF testing for interested property owners at their properties within a 300 foot radius of the facility, and (3) require that, before a building permit for the proposed facility is issued, Verizon provide the County verification by a California-licensed structural engineer that the existing utility pole will support the facility ; and DENIED the appeal of Donald and Anne Goldman.     AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) D. 6 HEARING to consider an appeal of the County Planning Commission’s decision to approve a wireless facility    D. 6 HEARING to consider an appeal of the County Planning Commission’s decision to approve a wireless facility access permit for a Verizon Wireless cell site on a utility pole in the public right-of-way near 1524 Alamo Way, in Alamo (Permit No. WA18-0004). (Aruna Bhat/Telma Moreira, Conservation and Development Department)       Speakers; Matt Lewis; Cathy Wojan; Joia Boos; Cathy Wojan; Gina; Art Scimia, Meadow Lane Improvement Association; David Baer; Lisa Snortum-Phelps; Ruth Strong; Kraj Khararjan; Linda Uhrenholt; Roger Smith; Anne Goldman; Alex Krueger; Megan Maddern; Melanie Volk; Kimberly Crowe; Shannon Erickson; Nadine Whisnant; Jill Sanchez. Written commentary was received from (attached): Jami Tucker, Christine Scimia, Rob Harrison, Scott Maddern, Erin Lewis, Blessings Robertson-Winn, Elaine Gast, Judy DeYoe, Kirsten Muzinich, Rachel Day, Melanie Volk, no name, Irene Amido, Penelope Kojina, Tanya Krueger, Hayuta Jain, Susanne Frey, Jodee Brydges, Alex & Tanya Krueger,Kate Rudick, Christina Heil, Mandula Rewal, Kimiko Nguyen, Mitch Tunick, Karrie Haneman, Barry Winters, Tarplaijo, Eunice Chan, Christine Brashear, Miriam Winters, Bradley Hillbrandt, Laura Hillebrandt, Elizabeth Yuan, Devon Mitzel, Brett Pels, Woodie Dixon, Edward Volk, Hanh T. Estep, Joe & Paula Buenavistas, Mary Dietler, Lianna Gatto, Melanie Volk, Wendy Ko, Caroline Sherborne & Charles Bouch. CLOSED the public hearing; DETERMINED that County File #WA18-0004 is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15303; DIRECTED the Department of Conservation and Development to file a CEQA Notice of Exemption with the County Clerk; APPROVED a wireless facilities access permit for a Verizon Wireless cell site on a utility pole in the Danville Boulevard public right of way in Alamo (Permit No. WA18-0004); APPROVED the findings in support of Permit No. WA18-0004; APPROVED the conditions of approval for Permit No. WA18-0004 with amendments: (1) within 15 days after facility installation, Verizon must complete radio frequency (RF) testing at the facility, and, at the same time, Verizon must perform RF testing for interested property owners at their properties within a 300 foot radius of the facility, and (2) one year after facility installation, Verizon must re-perform RF testing at the facility, and, at the same time, perform RF testing for interested property owners at their properties within a 300 foot radius of the facility; and DENIED the appeal of Michael and Joan Parodi.     AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) D. 7 HEARING to consider an appeal of the County Planning Commission’s decision to approve a wireless facility access permit for a Verizon Wireless cell site on a utility pole in unincorporated Walnut Creek (Permit No.WA17-0013). (Aruna Bhat/Telma Moreira, Conservation and Development Department).       Speakers; Matt Lewis; Cathy Wojan; Joia Boos; Cathy Wojan; Gina; Art Scimia, Meadow Lane Improvement Association; David Baer; Lisa Snortum-Phelps; Ruth Strong; Kraj Khararjan; Linda Uhrenholt; Roger Smith; Anne Goldman; Alex Krueger; Megan Maddern; Melanie Volk; Kimberly Crowe; Shannon Erickson; Nadine Whisnant; Jill Sanchez. Written commentary was received from (attached): Jami Tucker, Christine Scimia, Rob Harrison, Scott Maddern, Erin Lewis, Blessings Robertson-Winn, Elaine Gast, Judy DeYoe, Kirsten Muzinich, Rachel Day, Melanie Volk, no name, Irene Amido, Penelope Kojina, Tanya Krueger, Hayuta Jain, Susanne Frey, Jodee Brydges, Alex & Tanya Krueger,Kate Rudick, Christina Heil, Mandula Rewal, Kimiko Nguyen, Mitch Tunick, Karrie Haneman, Barry Winters, Tarplaijo, Eunice Chan, Christine Brashear, Miriam Winters, Bradley Hillbrandt, Laura Hillebrandt, Elizabeth Yuan, Devon Mitzel, Brett Pels, Woodie Dixon, Edward Volk, Hanh T. Estep, Joe & Paula Buenavistas, Mary Dietler, Lianna Gatto, Melanie Volk, Wendy Ko, Caroline Sherborne & Charles Bouch. CLOSED the public hearing; DETERMINED that County File #WA17-0013 is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15303; DIRECTED the Department of Conservation and Development to file a CEQA Notice of Exemption with the County Clerk; APPROVED a wireless facility access permit for a Verizon Wireless cell site on a utility pole in the Creekdale Road public right of way in unincorporated Walnut Creek (Permit No. WA17-0013); APPROVED the findings in support of Permit No. WA17-0013; APPROVED the conditions of approval for Permit No. WA17-0013 with amendments: (1) within 15 days after facility installation, Verizon must complete radio frequency (RF) testing at the facility, and, at the same time, Verizon must perform RF testing for interested property owners at their properties within a 300 foot radius of the facility, and (2) one year after facility installation, Verizon must re-perform RF testing at the facility, and, at the same time, perform RF testing for interested property owners at their properties within a 300 foot radius of the facility; and DENIED the appeal of Jodi Nelson.     AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) D. 8 HEARING to consider an appeal of the County Planning Commission's decision to approve a wireless facility access permit for a Verizon Wireless cell site on a utility pole in the Danville Boulevard public right-of-way in Alamo (Permit No. WA17-0008). (Aruna Bhat/Telma Moreira, Conservation and Development Department)       Speakers; Matt Lewis; Cathy Wojan; Joia Boos; Cathy Wojan; Gina; Art Scimia, Meadow Lane Improvement Association; David Baer; Lisa Snortum-Phelps; Ruth Strong; Kraj Khararjan; Linda Uhrenholt; Roger Smith; Anne Goldman; Alex Krueger; Megan Maddern; Melanie Volk; Kimberly Crowe; Shannon Erickson; Nadine Whisnant; Jill Sanchez. Written commentary was received from (attached): Jami Tucker, Christine Scimia, Rob Harrison, Scott Maddern, Erin Lewis, Blessings Robertson-Winn, Elaine Gast, Judy DeYoe, Kirsten Muzinich, Rachel Day, Melanie Volk, no name, Irene Amido, Penelope Kojina, Tanya Krueger, Hayuta Jain, Susanne Frey, Jodee Brydges, Alex & Tanya Krueger,Kate Rudick, Christina Heil, Mandula Rewal, Kimiko Nguyen, Mitch Tunick, Karrie Haneman, Barry Winters, Tarplaijo, Eunice Chan, Christine Brashear, Miriam Winters, Bradley Hillbrandt, Laura Hillebrandt, Elizabeth Yuan, Devon Mitzel, Brett Pels, Woodie Dixon, Edward Volk, Hanh T. Estep, Joe & Paula Buenavistas, Mary Dietler, Lianna Gatto, Melanie Volk, Wendy Ko, Caroline Sherborne & Charles Bouch. CLOSED the public hearing; DETERMINED that County File #WA17-0008 is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15303; DIRECTED the Department of Conservation and Development to file a CEQA Notice of Exemption with the County Clerk; APPROVED a wireless facility access permit for a Verizon Wireless cell site on an utility pole in the Danville Boulevard public right-of-way in Alamo (Permit No. WA17-0008); APPROVED the findings in support of Permit No WA17-0008; APPROVED the conditions of approval for Permit WA17-0008 with amendments: (1) within 15 days after facility installation, Verizon must complete radio frequency (RF) testing at the facility, and, at the same time, Verizon must perform RF testing for interested property owners at their properties within a 300 foot radius of the facility, and (2) one year after facility installation, Verizon must re-perform RF testing at the facility, and, at the same time, perform RF testing for interested property owners at their properties within a 300 foot radius of the facility; and DENIED the appeal of James “Sean” Albright. Sean Albright, resident of Alamo     AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) D. 9 CONSIDER declaring the County's intent to select Empower Retirement as the County's 457 Deferred Compensation Plan Recordkeeper, and AUTHORIZE the County Administrator, or Designee, to negotiate an agreement with Empower for plan investment and administrative services for the 457 Deferred Compensation Plan. (100% Employee participant fees) (Ann Elliott, Human Resources Manager)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) D.10 HEARING on proposed implementation of the property tax cost recovery provisions of Revenue and Taxation Code 95.3; CONSIDER adopting report from the Auditor-Controller filed on January 22, 2019 of the 2017/18 fiscal year property tax-related costs, including the proposed charges against each local jurisdiction excepting school entities, and CONSIDER adopting Resolution No. 2019/35 regarding implementation of Revenue and Taxation Code 95.3 for fiscal year 2018/19. (Lisa Driscoll, County Administrator's Office and Robert Campbell, County Auditor-Controller)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) D. 11 CONSIDER reports of Board members.    There were not items reported today.   Closed Session    There we no closed session items reported.   ADJOURN    Adjourned today's meeting at 3:05 p.m.   CONSENT ITEMS   Road and Transportation   C. 1 APPROVE the Jersey Island Road Bridge Repair Project and take related actions under the California Environmental Quality Act, and AUTHORIZE the Public Works Director, or designee, to advertise the Project, Oakley area. (100% Local Road Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 2 APPROVE the Marsh Creek Road Bridge Replacement Project contingency fund increase of $50,000 for a new contingency fund total of $506,041, and a new payment limit of $5,066,451, effective February 26, 2019, as recommended by the Public Works Director; Clayton area. (89% Federal Highway Bridge Program Funds and 11% Local Road Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 3 AWARD and AUTHORIZE the Public Works Director, or designee, to execute a construction contract in the amount of $14,153,763 with Granite Rock Company for the Kirker Pass Road Northbound Truck Climbing Lane Project, Concord and Pittsburg areas. (13% Surface Transportation Improvement Program Funds, 6% One Bay Area Grant Local Streets and Road Program Funds, 9% State Match Program Funds, 41% Local Road Funds, 29% Measure J Regional Funds, and 2% Measure J Return to Source Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 4 APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute, on behalf of Contra Costa County, the real property services agreement with Solano Transportation Authority, to provide right of way services for the I-80/I-680/SR-12 Interchange – Construction Package 2 Project, Solano County area. (100% Solano Transportation Authority Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 5 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with AECOM Technical Services, Inc., effective March 2, 2019, to extend the term from March 1, 2019 through December 31, 2019, for on-call civil engineering services, with no increase to the original payment limit of $250,000, Countywide. (100% Local Road Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 6 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with    C. 6 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with ENGEO Incorporated, effective March 2, 2019, to extend the term from March 1, 2019 through December 31, 2019, for on-call geotechnical engineering services, with no increase to the original payment limit of $250,000, Countywide. (100% Local Road Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 7 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with Hultgren-Tillis Engineers, effective March 2, 2019, to extend the term from March 1, 2019 through December 31, 2019, for on-call geotechnical engineering services, with no increase to the original payment limit of $250,000, Countywide. (100% Local Road and Flood Control 3B Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 8 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Park Engineering, Inc., in an amount not to exceed $1,400,000 for construction management services for the Kirker Pass Road Northbound Truck Climbing Lane Project, for the period February 26, 2019 through August 31, 2020, Concord area. (13% Surface Transportation Improvement Program Funds, 6% One Bay Area Grant Local Streets and Road Program Funds, 9% State Match Program Funds, 41% Local Road Funds, 29% Measure J Regional Funds, and 2% Measure J Return to Source Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 9 ADOPT Resolution No. 2019/54 accepting as complete the contracted work performed by Demolition Services and Grading, Inc., for demolition of improvements located at 864 Diablo Road in Danville, also identified as Assessor’s Parcel No. 196-290-017 for the future Green Valley Creek Improvement Project, as recommended by the Public Works Director. (100% Flood Control Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) Special Districts & County Airports   C. 10 AUTHORIZE the Director of Airports, or designee, to negotiate a long-term ground lease between the County, as Landlord, and one of the two parties, in priority ranking order, that have submitted a final proposal to lease a 7,500 square foot County-owned aircraft maintenance hangar building on the south side of Byron Airport. (100% Airport Enterprise Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 11 APPROVE the Countywide Full Trash Capture Installation Project and take related actions under the California Environmental Quality Act, and AUTHORIZE the Chief Engineer, or designee, to advertise the Project, Countywide. (34% Local Road Funds, 66% Storm Water Utility Assessment Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) Other: District III Supervisor Diane Burgis (ABSENT) C. 12 APPROVE and AUTHORIZE the use of Mariposa Energy Project Community Benefits Funds totaling $204,000 for three Byron Airport Projects relating to: redesignation of property for non-aeronautical use; water service and environmental analysis relating ot the Byron Airport General Plan Amendment Program; and installation of a modular Aircraft Rescue and Firefighting/maintenance storage building, as recommended by Supervisor Burgis. (100% Mariposa Community Benefit Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 13 AUTHORIZE the Director of Airports to promote and market Buchanan Field and Byron Airport as testing locations for emerging aeronautical and aeronautical related technologies. (100% Airport Enterprise Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 14 APPROVE and AUTHORIZE the Chief Engineer, Flood Control and Water Conservation District, or his designee, to execute an agreement regarding Access to and Use of Real Property in order to implement and maintain a Habitat Restoration Project, with American Rivers, Inc., in connection with the Three Creeks Parkway Restoration Project along portions of Marsh Creek, Brentwood area. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) Claims, Collections & Litigation   C. 15 DENY claims filed by Tony W. Deering, Anthony Dickinson, Pedro Reyes Gomez, Tni Jackson, Carolyn McCrary, Sarah Morales, Jason O'Brien, Pacific Gas & Electric Company, Summer C. Selleck, Travelers Insurance a subrogee of LeGrand North America, Jennifer Vanvilay (2), and Abdul Wafadar. DENY amended claim filed by Pacific Gas & Electric Company.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 16 DENY the claim filed by Hanson Marine Operations for a refund of property taxes paid for 2013 through 2016. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) Statutory Actions   C. 17 ACCEPT Board members meeting reports for January 2019.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) Honors & Proclamations Honors & Proclamations   C. 18 ADOPT Resolution No. 2019/52 recognizing Carole and Andy Amstutz as 2018 Orinda Citizens of the Year, as recommended by Supervisor Andersen.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 19 ADOPT Resolution No. 2019/53 recognizing William Hudson as the recipient of the William Penn Mott Jr. Award, as recommended at Supervisor Andersen.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 20 ADOPT Resolution No. 2019/62 recognizing the 50th Anniversary of Richmond Division 58 of the California Retired Teachers Association, as recommended by Supervisor Gioia.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 21 ADOPT Resolution No. 2019/39 recognizing the winners of the Contra Costa County Poetry Out Loud 2019 Competition, as recommended by the County Administrator.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) Ordinances   C. 22 ADOPT Ordinance No. 2019-03 to authorize the appointment of up to five alternate members to the Contra Costa County Assessment Appeals Board, as recommended by the County Administrator.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 23 ADOPT Ordinance No. 2019-04 designating 2004 Freightliner FL60, 1996 Freightliner FL60, 1992 Ford F-E350 Flatbed Truck, 2006 Ford F650, three 2018 Ford Interceptor utility vehicles and two 2018 Ford Edges as Hazardous Materials Emergency Response Team Vehicles, as recommended by the Health Services Director.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) Appointments & Resignations   C. 24 REAPPOINT Brett Morris to the District IV seat on the Fish and Wildlife Committee, as recommended by Supervisor Mitchoff.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 25 APPOINT Cody Moore of Concord Jet to the Airports Business Association seat on the Aviation Advisory Committee, as recommended by the Contra Costa County Airports Business Association.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 26 REAPPOINT Keith McMahon to the City of Concord seat on the Aviation Advisory Committee, as recommended by the Concord City Council. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 27 APPOINT Michelle Chenault to the District V Public Sector seat on the Economic Opportunity Council, as recommended by Supervisor Glover.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 28 APPOINT Supervisor Federal D. Glover to serve on the Pittsburg-Bay Point area Community-Based Transportation Plan Steering Committee, as recommended by Supervisor Gioia.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 29 APPOINT Mark Hughes to the Business #2 seat, and REAPPOINT Fred Glueck to the Business #1 seat, Aaron Winer to the Business #1 Alternate seat, and Henry Alcaraz to the Labor #1 seat on the Hazardous Materials Commission, as recommended by the Internal Operations Committee.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 30 APPOINT Frances Sorrondegui to the Community #2 seat, and REAPPOINT Willie Robinson to the County #2 seat on the Affordable Housing Finance Committee, as recommended by the Internal Operations Committee.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 31 ADOPT Resolution No. 2019/58 modifying the Membership, Term of Office, Removal From Office, and Quorum and Vote Necessary for Action for the Knightsen Town Advisory Council, as recommended by Supervisor Burgis.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 32 REAPPOINT Daniel Pellegrini to the District V seat on the Fish & Wildlife Committee, as recommended by Supervisor Glover.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen   AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 33 APPOINT Justin Guay, Thomas Janci, Anthony King, Joann Pavlinec, and Brenda Wiliams to the East Richmond Heights Municipal Advisory Council, as recommended by Supervisor Gioia.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 34 APPOINT Jason Parks to the position of Chief Information Security Officer - Exempt, effective March 1, 2019, as recommended by the County Chief Information Officer / Director of Information Technology. (100% Department User fees)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) Appropriation Adjustments   C. 35 Sheriff's Office (0255): APPROVE Appropriations and Revenue Adjustment No. 5049 authorizing new revenue in the Sheriff's Office in the amount of $82,500 from the U.S. Department of Homeland Security, 2016 Port Security Grant and appropriating it for the purchase of sonar equipment. (100% Federal)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 36 Sheriff's Office (0255): APPROVE Appropriations and Revenue Adjustment No. 5050 authorizing new revenue in the Sheriff's Office in the amount of $117,002 from the Boating Safety and Enforcement Equipment Grant and appropriating it for the purchase and installation of diving equipment and training for the Sheriff's Dive team. (100% State)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 37 Contra Costa County Fire Protection District (7300): Acting as the Governing Board of the Contra Costa County Fire Protection District, APPROVE Appropriation and Revenue Adjustment No. 5054 authorizing revenue in the amount of $1,300,000 from CCCFPD General Operating Fund Balance and appropriating it in the Contra Costa County Fire Protection District for the purchase of a Type 1 Hazardous Materials Response Vehicle. (100% CCCFPD Fund Balance)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) Personnel Actions   C. 38 ADOPT Position Adjustment Resolution No. 22417 to add three Social Casework Assistant (represented) positions and cancel one vacant Eligibility Worker II and two vacant Eligibility Worker III (represented) positions in the Employment and Human Services Department, Children and Families Services Bureau. (44% Federal, 45% State, 11% County)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) Leases   C. 39 ACCEPT the 2018 Annual Report of Real Estate Delegation of Leases and Licenses dated January 1, 2018 through December 31, 2018, as recommended by the Public Works Director, Brentwood, Clayton, El Sobrante and Martinez areas. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) Grants & Contracts   APPROVE and AUTHORIZE execution of agreements between the County and the following agencies for receipt of fund and/or services:   C. 40 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract containing modified indemnification language with the City of San Pablo, to pay the County an amount not to exceed $60,570 for the Coordinated Outreach, Referral and Engagement Program to provide homeless outreach services for the period December 1, 2018 through November 30, 2019. (No County match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 41 APPROVE and AUTHORIZE the County Clerk-Recorder, or designee, to execute the following three contracts with the California Secretary of State, accepting State reimbursements: 1) Polling Place Americans with Disabilities Act Accessibility Program Grant in an amount not to exceed $55,000 to further improvements in election administration; 2) Cyber Security and Infrastructure Grant in an amount not to exceed $55,000 to improve cyber security and infrastructure related to VoteCal ; and 3) Voting System Replacement Contract 2018 in an amount not to exceed $3,647,000 to provide reimbursement for voting system replacement activities, through June 30, 2021. (49% State, 49% County General Fund, 2% Federal)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 42 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract containing modified indemnification language with the California Department of Justice to pay the County an amount not to exceed $838,379 for tobacco prevention outreach services in Contra Costa County through June 30, 2021. (No County match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 43 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with the California Department of Health Care Services, effective July 1, 2019, to make minor language changes to allow the County to participate in and be reimbursed for Targeted Case Management services provided to County recipients. (No County match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 44 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County an amendment with the California Department of Public Health, Tuberculosis Control Branch to increase the amount payable to the County by $3,061 to a new total of $288,153 for additional prevention and control activities the Tuberculosis Control Program with no change in the original term of July 1, 2018 through June 30, 2019. (No County match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 45 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract containing modified indemnification language with the California Department of Public Health, Nutrition Education and Obesity Prevention Branch, to pay the County an amount not to exceed $450,000 for the County’s Nutrition and Physical Activity Promotion Program for the period from September 30, 2018 through September 29, 2023. (No County match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 46 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with the County of Alameda Health Care Services Agency, to increase the amount payable to County by $521,414 to a new amount not to exceed $1,879,649 for additional coordination of essential services to Contra Costa County residents with HIV Disease and their families with no change in the term of March 1, 2018 through February 28, 2019. (No County match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 47 APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a contract with the Association of Bay Area Governments, to pay the County an amount not to exceed $210,069 for energy efficiency program marketing, education, and outreach by County staff, for the period January 1 through December 31, 2019. (100% California Public Utilities Commission funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 48 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to apply for and accept grant funding from the Department of Justice, Office of Violence against Women, to fund domestic violence, stalking, and sex trafficking prevention, outreach, and awareness activities particularly focused on the inclusion and engagement of male role models and public influenced in prevention efforts, in an amount not to exceed $350,000 for the period October 1, 2019 through September 30, 2022. (100% Federal, no County match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 49 ADOPT Resolution No. 2019/56 approving and authorizing the Sheriff-Coroner or designee, to apply for and accept a California Division of Boating and Waterways Surrendered and Abandoned Vessel Exchange Grant in an initial allocation of $200,000 for the abatement of abandoned vessels and the vessel turn-in program on County waterways for the period beginning October 1, 2019 through the end of the grant funding availability. (90% State, 10% In kind match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 50 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to accept funding in an amount not to exceed $3,224 from Contra Costa County Office of Education for Quality Rating and Improvement System Infant-Toddler programs, for the period July 1, 2018 through June 30, 2019. (No County match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 51 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with the California Department of Community Services and Development to increase the amount payable to the County by $1,796,401 for a total amount not to exceed $3,702,690 for Low Income Home Energy Assistance Programs, with no change to the term October 1, 2018 through June 30, 2020. (No County match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) APPROVE and AUTHORIZE execution of agreement between the County and the following parties as noted for the purchase of equipment and/or services:   C. 52 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Public Works Director, to execute a purchase order with Spartan Tank Lines in an amount not to exceed $400,000 for fuel, for the period March 1, 2019 through February 29, 2020, Countywide. (100% Fleet Internal Service Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 53 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Public Works Director, to execute a purchase order with Valley Pacific Petroleum in an amount not to exceed $400,000 for fuel, for the period March 1, 2019 through February 29, 2020, Countywide. (100% Fleet Internal Service Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 54 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract containing modified indemnification language with Vibra Hospital of Sacramento, LLC, in an amount not to exceed $700,000 to provide acute long term care services to Contra Costa Health Plan members for the period February 1, 2019 through January 31, 2020. (100% Contra Costa Health Plan Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 55 APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay each of up to eleven In-Home Supportive Services Public Authority Advisory Council (AC) members $24 per meeting attendance for up to three AC meetings per month for a total cost not to exceed $5,808 in stipends to defray meeting attendance costs for the period July 1, 2019 through June 30, 2020, as recommended by the Employment and Human Services Director. (50% Federal, 50% State)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 56 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Public Works Director, a purchase order with Garland/DBS, Inc., in an amount not to exceed $1,000,000 for roofing and waterproofing supplies, for the period March 1, 2019 through February 28, 2021, Countywide. (100% General Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 57 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Nanda Kisor Sinha, M.D., in an amount not to exceed $540,000 to provide orthopedic services to Contra Costa Regional Medical Center and Health Center patients for the period April 1, 2019 through March 31, 2022. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 58 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract containing modified indemnification language with META Dynamic, Inc. in an amount not to exceed $35,000 to provide guidance navigation system, related software, accessories and certified technicians for tumor locating in the Surgical 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 IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 59 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner a purchase order with Crayon Software Experts, LLC., for a three year term, in an amount not to exceed $972,000 and a Microsoft Enterprise Enrollment agreement with Microsoft Corporation for Microsoft Office 365 software, hosting, and support services for the Office of the Sheriff for the period January 19, 2019 to January 19, 2022. (100% General Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 60 APPROVE and AUTHORIZE the Chief Engineer, or designee, to execute a contract amendment with Horizon Water and Environment, LLC, to extend the term from March 13, 2019 to March 13, 2020, with no change to the original payment limit, for on-call specialized program support and coordination services with the Streambed Maintenance Agreement Program, Countywide. (100% Flood Control District Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 61 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Jamal J. Zaka, M.D., in an amount not to exceed $182,000 to provide pulmonology services to Contra Costa Regional Medical Center and Health Center patients for the period April 1, 2019 through March 31, 2020. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 62 APPROVE and AUTHORIZE the County Counsel, or designee, to execute, on behalf of Contra Costa County, a contract for specialized professional services with the Law Offices of Amy Oppenheimer. (100% User Departments)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 63 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Joint Preservation Institute, A Professional Corporation, in an amount not to exceed $200,000 to provide orthopedic surgery and sports medicine services for the Contra Costa Health Plan members for the period March 1, 2019 through February 28, 2021. (100% Contra Costa Health Plan Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 64 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract containing modified indemnification language with Thermo Fisher Scientific (Asheville), LLC in an amount not to exceed $5,745 to provide maintenance services for ultra low freezers at Public Health Laboratory for the period February 15, 2019 through February 14, 2022. (100% Public Health Laboratory fees)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 65 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Young M. Kim, M.D. (dba Young’s OB/GYN), in an amount not to exceed $500,000 to provide obstetrician-gynecology services to Contra Costa Health Plan members and County recipients for the period March 1, 2019 through February 28, 2021. (100% Contra Costa Health Plan Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 66 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Hilltop Radiology, LLC, in an amount not to exceed $1,000,000 to provide diagnostic imaging services to Contra Costa Health Plan members and County recipients for the period March 1, 2019 through February 28, 2021. (100% Contra Costa Health Plan Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 67 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Vibrantcare Outpatient Rehabilitation of California, Inc., in an amount not to exceed $500,000 to provide physical therapy services to Contra Costa Health Plan members and County recipients for the period March 1, 2019 through February 28, 2021. (100% Contra Costa Health Plan Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 68 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Herculean Babies Pediatrics in an amount not to exceed $750,000 to provide pediatric primary care services to Contra Costa Health Plan members and County recipients for the period March 1, 2019 through February 28, 2021. (100% Contra Costa Health Plan Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 69 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Concord Yellow Cab, Inc., effective December 1, 2018, to increase the payment limit by $40,000 to a new payment limit of $140,000 to provide additional non-emergency transportation services for County residents with HIV disease for the period April 1, 2018 through March 31, 2019. (100% State funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 70 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Suzanne K. Tavano, Ph.D., effective March 1, 2019, to increase the payment limit by $84,000 to a new payment limit of $162,400 for additional consultation and technical assistance services for the period September 1, 2018 through August 31, 2019. (100% Mental Health Realignment)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 71 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Contra Costa Interfaith Transitional Housing Inc. (dba Contra Costa Interfaith Housing, Inc.), in an amount not to exceed $174,097 to provide housing advocacy services for people with HIV for the period March 1, 2019 through June 30, 2020. (100% Federal Department of Housing and Urban Development through the City of Oakland)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 72 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Sodexo America, LLC, in an amount not to exceed $430,000 to provide management and oversight to the Environmental Services Unit at Contra Costa Regional Medical Center and Health Centers for the period January 1, 2019 through December 31, 2019. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 73 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Lisa Wang, M.D., in an amount not to exceed $209,664 to provide outpatient psychiatric services for County patients in West County for the period July 1, 2019 through June 30, 2020. (100% Mental Health Realignment)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 74 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute an Order Form and Terms of Use Agreement containing modified indemnification language, with RadicaLogic Technologies, Inc. (dba RL Solutions), in an amount not to exceed $55,000 to provide upgrades and maintenance for the automated incident Safety Event Reporting System software for the period January 1, 2019 through December 31, 2021. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 75 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner, a purchase order amendment with Dooley Enterprises, Inc., to increase the payment limit by $11,000 to a new payment limit of $411,000 for the purchase of ammunition for the period of July 1, 2017 through June 30, 2019. (100% General Fund)          AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) Other Actions   C. 76 APPROVE and AUTHORIZE the Public Works Director, or designee, to submit an application to enroll and to participate in the California Air Resources Board Low Carbon Fuel Standard program. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 77 ACCEPT the Animal Services Monetary Donation Report, which describes the source and value of each gift received by Animal Services, for the period April 1 through December 31, 2018.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 78 ACCEPT the 2018 year-end report on the activities of the Public Protection Committee and APPROVE disposition of referrals, as recommended by the Public Protection Committee. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 79 APPROVE funding allocation of $142,500 for projects to implement the Northern Waterfront Strategic Action Plan, as recommended by the Conservation and Development Director. (100% Current General Fund allocation to Northern Waterfront initiative)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 80 ACCEPT the January 2019 update of the operations of the Employment and Human Services Department, Community Services Bureau, as recommended by the Employment and Human Services Director.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 81 RECEIVE Sheriff-Coroner’s FY 2017/2018 Annual P-6 Zone Deployment Report, from the County Service Area P-6 Zone Central Administrative Base (CAB) Fund to provide extended police protection services in certain unincorporated county areas and partially fund the Sheriff’s Helicopter Program, as required by P-6 Zone CAB Formation Board Order of April 19, 1998.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 82 ACCEPT the Fiscal Year 2018-2019 Community Facilities District Tax Administration Report on County of Contra Costa Community Facilities District No. 2007-1 (Stormwater Management Facilities), as required by Sections 50075.3 and 53411 of the California Government Code, as recommended by the Public Works Director, Countywide. (100% Community Facilities District No. 2007-1 Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen   AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 83 REFER to the Public Protection Committee the issue of criminal justice fees charged to individuals, as recommended by the Public Protection Committee        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 84 APPROVE and ADOPT an amended schedule of meetings for the Board of Supervisors, Contra Costa Fire Protection District and the Housing Authority of the Contra Costa County, as recommended by the County Administrator.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 85 REFER to the Internal Operations Committee a review of the County's public information and outreach program and DIRECT the Public Information Officer to provide a status report to the Committee within six months, as recommended by the Committee. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 86 APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute legal documents to loan $301,000 in Community Development Block Grant funds to Richmond Neighborhood Housing Services, Inc., for the rehabilitation of residential properties occupied by low-income residents in the City of Richmond, and ADOPT related findings and actions under the California Environmental Quality Act. (100% U.S. Department of Housing and Urban Development)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 87 ADOPT Resolution No. 2019/37 updating and reaffirming the County Debt Management Policy, as recommended by the County Administrator. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 88 ACCEPT quarterly report of the Post Retirement Health Benefits Trust Agreement Advisory Body, as recommended by the Post Retirement Health Benefits Trust Agreement Advisory Body.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT) C. 89 ADOPT Resolution No. 2019/57, approving side letters between Contra Costa County and the Deputy Sheriffs Association, Rank and File Unit, Management Unit, and Probation and Probation Supervisors Units, to modify Section 2 - Association Security in all three Memoranda of Understanding and Section 44 - Temporary Employees in the Probation and Probation Supervisors Memorandum of Understanding, as recommended by the County Administrator.          AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Diane Burgis (ABSENT)   GENERAL INFORMATION The Board meets in all its capacities pursuant to Ordinance Code Section 24-2.402, including as the Housing Authority and the Successor Agency to the Redevelopment Agency. Persons who wish to address the Board should complete the form provided for that purpose and furnish a copy of any written statement to the Clerk. Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the Clerk of the Board to a majority of the members of the Board of Supervisors less than 72 hours prior to that meeting are available for public inspection at 651 Pine Street, First Floor, Room 106, Martinez, CA 94553, during normal business hours. All matters listed under CONSENT ITEMS are considered by the Board to be routine and will be enacted by one motion. There will be no separate discussion of these items unless requested by a member of the Board or a member of the public prior to the time the Board votes on the motion to adopt. Persons who wish to speak on matters set for PUBLIC HEARINGS will be heard when the Chair calls for comments from those persons who are in support thereof or in opposition thereto. After persons have spoken, the hearing is closed and the matter is subject to discussion and action by the Board. Comments on matters listed on the agenda or otherwise within the purview of the Board of Supervisors can be submitted to the office of the Clerk of the Board via mail: Board of Supervisors, 651 Pine Street Room 106, Martinez, CA 94553; by fax: 925-335-1913. The County will provide reasonable accommodations for persons with disabilities planning to attend Board meetings who contact the Clerk of the Board at least 24 hours before the meeting, at (925) 335-1900; TDD (925) 335-1915. An assistive listening device is available from the Clerk, Room 106. Copies of recordings of all or portions of a Board meeting may be purchased from the Clerk of the Board. Please telephone the Office of the Clerk of the Board, (925) 335-1900, to make the necessary arrangements. Forms are available to anyone desiring to submit an inspirational thought nomination for inclusion on the Board Agenda. Forms may be obtained at the Office of the County Administrator or Office of the Clerk of the Board, 651 Pine Street, Martinez, California. Applications for personal subscriptions to the weekly Board Agenda may be obtained by calling the Office of the Clerk of the Board, (925) 335-1900. The weekly agenda may also be viewed on the County’s Internet Web Page: www.co.contra-costa.ca.us STANDING COMMITTEES The Airport Committee (Supervisors Diane Burgis and Karen Mitchoff) meets on the second Wednesday of the month at 11:00 a.m. at Director of Airports Office, 550 Sally Ride Drive, Concord. The Family and Human Services Committee (Supervisors Candace Andersen and John Gioia) meets on the fourth Monday of the month at 10:30 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Finance Committee (Supervisors Karen Mitchoff and John Gioia) meets on the fourth Monday of the month at 9:00 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Hiring Outreach Oversight Committee (Supervisors Candace Andersen and Federal D. Glover) meets on the first Monday of every other month at 1:00 p.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Internal Operations Committee (Supervisors Diane Burgis and Candace Andersen) meets on the second Monday of the month at 1:00 p.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Legislation Committee (Supervisors Karen Mitchoff and Diane Burgis) meets on the second Monday of the month at 10:30 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Public Protection Committee (Supervisors John Gioia and Federal D. Glover) meets on the first Monday of the month at 10:30 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Transportation, Water & Infrastructure Committee (Supervisors Karen Mitchoff and Candace Andersen) meets on the second Monday of the month at 9:00 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. Airports Committee May 8, 2019 11:00 a.m.See above Family & Human Services Committee March 25, 2019 10:30 a.m.See above Finance Committee March 25, 2019 9:00 a.m.See above Hiring Outreach Oversight Committee April 1, 2019 1:00 p.m.See above Internal Operations Committee March 11, 2019 1:00 p.m. See above Legislation Committee March 11, 2019 10:30 a.m.Room 108 Public Protection Committee March 11, 2019 special meeting 10:30 a.m. See above Sustainability Committee March 25, 2019 12:30 p.m.See above Transportation, Water & Infrastructure Committee March 11, 2019 9:00 a.m.See above PERSONS WHO WISH TO ADDRESS THE BOARD DURING PUBLIC COMMENT OR WITH RESPECT TO AN ITEM THAT IS ON THE AGENDA, MAY BE LIMITED TO TWO (2) MINUTES A LUNCH BREAK MAY BE CALLED AT THE DISCRETION OF THE BOARD CHAIR AGENDA DEADLINE: Thursday, 12 noon, 12 days before the Tuesday Board meetings. Glossary of Acronyms, Abbreviations, and other Terms (in alphabetical order): Contra Costa County has a policy of making limited use of acronyms, abbreviations, and industry-specific language in its Board of Supervisors meetings and written materials. Following is a list of commonly used language that may appear in oral presentations and written materials associated with Board meetings: AB Assembly Bill ABAG Association of Bay Area Governments ACA Assembly Constitutional Amendment ADA Americans with Disabilities Act of 1990 AFSCME American Federation of State County and Municipal Employees AICP American Institute of Certified Planners AIDS Acquired Immunodeficiency Syndrome ALUC Airport Land Use Commission AOD Alcohol and Other Drugs ARRA American Recovery & Reinvestment Act of 2009 BAAQMD Bay Area Air Quality Management District BART Bay Area Rapid Transit District BayRICS Bay Area Regional Interoperable Communications System BCDC Bay Conservation & Development Commission BGO Better Government Ordinance BOS Board of Supervisors CALTRANS California Department of Transportation CalWIN California Works Information Network CalWORKS California Work Opportunity and Responsibility to Kids CAER Community Awareness Emergency Response CAO County Administrative Officer or Office CCCPFD (ConFire) Contra Costa County Fire Protection District CCHP Contra Costa Health Plan CCTA Contra Costa Transportation Authority CCRMC Contra Costa Regional Medical Center CCWD Contra Costa Water District CDBG Community Development Block Grant CFDA Catalog of Federal Domestic Assistance CEQA California Environmental Quality Act CIO Chief Information Officer COLA Cost of living adjustment ConFire (CCCFPD) Contra Costa County Fire Protection District CPA Certified Public Accountant CPI Consumer Price Index CSA County Service Area CSAC California State Association of Counties CTC California Transportation Commission dba doing business as DSRIP Delivery System Reform Incentive Program EBMUD East Bay Municipal Utility District ECCFPD East Contra Costa Fire Protection District EIR Environmental Impact Report EIS Environmental Impact Statement EMCC Emergency Medical Care Committee EMS Emergency Medical Services EPSDT Early State Periodic Screening, Diagnosis and Treatment Program (Mental Health) et al. et alii (and others) FAA Federal Aviation Administration FEMA Federal Emergency Management Agency F&HS Family and Human Services Committee First 5 First Five Children and Families Commission (Proposition 10) FTE Full Time Equivalent FY Fiscal Year GHAD Geologic Hazard Abatement District GIS Geographic Information System HCD (State Dept of) Housing & Community Development HHS (State Dept of ) Health and Human Services HIPAA Health Insurance Portability and Accountability Act HIV Human Immunodeficiency Syndrome HOV High Occupancy Vehicle HR Human Resources HUD United States Department of Housing and Urban Development IHSS In-Home Supportive Services Inc. Incorporated IOC Internal Operations Committee ISO Industrial Safety Ordinance JPA Joint (exercise of) Powers Authority or Agreement Lamorinda Lafayette-Moraga-Orinda Area LAFCo Local Agency Formation Commission LLC Limited Liability Company LLP Limited Liability Partnership Local 1 Public Employees Union Local 1 LVN Licensed Vocational Nurse MAC Municipal Advisory Council MBE Minority Business Enterprise M.D. Medical Doctor M.F.T. Marriage and Family Therapist MIS Management Information System MOE Maintenance of Effort MOU Memorandum of Understanding MTC Metropolitan Transportation Commission NACo National Association of Counties NEPA National Environmental Policy Act OB-GYN Obstetrics and Gynecology O.D. Doctor of Optometry 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 RECOMMENDATION(S): ACCEPT the 2018 Annual Report (2018 Report) from the Contra Costa County Flood Control and Water Conservation District (FC District) and; DIRECT the Chief Engineer, FC District, or designee, to implement the Action Plans in the 2018 Report, with a follow-up report to this Board annually and; REFER the FC District’s efforts to develop sustainable funding for flood protection to the Transportation, Water and Infrastructure Committee. FISCAL IMPACT: Preparation of this 2018 Report cost $15,000, which was funded by FC District Funds. Implementation of the recommended action plans and assessment studies over the next seven years will cost approximately $4,000,000 to be funded by FC District and Flood Control Zone Funds, with ongoing efforts to offset expenses with grant funds. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: David Twa, CAO, Mike Carlson, Deputy Chief Engineer, Steve Padilla, Administrative Services, Tim Jensen, Flood Control, Michelle Cordis, Flood Control, Catherine Windham, Flood Control D. 3 To:Contra Costa County Flood Control District Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 26, 2019 Contra Costa County Subject:2018 Annual Report on CCC Flood Control and Water Conservation District, Countywide. Project No. 7505-6F8135 BACKGROUND: On November 5, 2013, the FC District presented to the Board its first annual report on flood protection infrastructure in order to understand its history, condition, and future needs. Annually in February, starting in 2014, we presented the Board with the FC District’s Annual Report for the previous year. The 2018 Report is provided to update the Board on the FC District’s accomplishments in 2018 as well as future challenges and next steps. In summary, our community outreach events were successful, our capital programs made progress, and our studies of aging infrastructure and unsustainable service levels continued to highlight some major concerns, primarily regarding lack of funding. Highlights of 2018 include: · FC District staff visited Representatives at the State Capitol, talking about the need for stormwater funding. · The Lower Walnut Creek Restoration Project made significant progress on the preliminary design phase. In January, the Project Study Report was released detailing the preferred alternative, and July saw the release of the 35% design plans. Grant requests of more than $9 million were submitted this past year and initial feedback on their award is promising. Tours and outreach continued throughout the year. · Students at Walnut Creek Intermediate School held a “Stay Out, Stay Alive” assembly attended by both the County Fire District’s Swift Water Rescue Team and FC District staff. · The FC District completed a 6th annual “Giving Natives a Chance” community planting day, with over 50 volunteers planting about 5,000 native grass plugs. · Mark Boucher, Sr. Hydrologist, received the APWA Manager of the Year Award in the category of Engineering and Technology for his continuing efforts on improving the FC District’s RainMap rainfall tracking and forecasting online tool. The RainMap is available at www.cccounty.us/RainMap. · The FC District received a third round of funding from the Department of Water Resources in the amount of $374,000 (with no local match required) for surveying and modeling to determine the flood-stage elevation on our stream gauges. · Facility Condition Assessments for all FC District infrastructure are 75% complete with results indicating that that FC District facilities are in overall good condition. We continue working with the California State Association of Counties and the County Engineers Association of California to find legislative ways to improve funding for stormwater and flood protection services. After the passage of SB231 in 2017, some jurisdictions are planning to adopt a fee and charge property owners for stormwater services, relying on the exemption that water and sewer districts use in Proposition 218; however, they anticipate being sued to challenge the fee. We, like many other agencies, are cautiously moving forward on determining if SB231 could assist in creating sustainable funding to meet the FC District’s needs. We have discussed this with some water and sewer districts. The FC District will continue implementation of the action plans outlined in the original 2013 Annual Report. The key action for the next few years will be to focus on developing sustainable funding for regional flood protection and community drainage. For the full 2018 Report and past reports, visit www.cccounty.us/5815/Annual-Reports. Staff recommends that the Board accept the 2018 Report from the FC District, direct the Chief Engineer to continue with the action plans recommended in the 2018 Report, with a follow-up report to this Board annually, and refer the effort to develop sustainable funding for regional flood protection and community drainage to the Transportation, Water and Infrastructure Committee. CONSEQUENCE OF NEGATIVE ACTION: If the Board does not accept the 2018 Report, the County’s flood protection and community drainage infrastructure issues will not be adequately addressed, which will lead to lower levels of flood protection for our communities in the future. RECOMMENDATION(S): 1. OPEN the public hearing on an appeal of a Planning Commission decision to approve a wireless facilities access permit for a Verizon Wireless cell site on a utility pole in the right of way near 401 Horsetrail Court in Alamo (Permit No. WA18-0002), RECEIVE testimony, and CLOSE the public hearing. 2. DETERMINE that County File #WA18-0002 is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15303. 3. DIRECT the Department of Conservation and Development to file a CEQA Notice of Exemption with the County Clerk. 4. APPROVE a wireless facility access permit for a Verizon Wireless cell site on a utility pole in the Danville Boulevard public right of way in Alamo (Permit No. WA18-0002). 5. APPROVE the findings in support of Permit No. WA18-0002. 6. APPROVE the conditions of approval for Permit No. WA18-0002. 7. DENY the appeal of Alice Lee, MD. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes:See Addendum VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Susan Johnson, 925-674-7868 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D. 4 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:February 26, 2019 Contra Costa County Subject:Verizon Wireless Access Permit #WA18-0002 FISCAL IMPACT: The applicant has paid the initial deposit and is responsible for all of the time and material costs associated with processing the application. BACKGROUND: This is a hearing for an appeal of the County Planning Commission’s decision to deny an appeal and uphold the decision of the County Zoning Administrator to approve a Wireless Facilities Access Permit to establish a new Verizon Wireless cell site attached to an existing utility pole in the public right-of-way near 401 Horsetrail Court in the Alamo area of unincorporated Contra Costa County. Project Description The project is to establish a new Verizon Wireless cell site attached to an existing utility pole in the public right-of-way and includes adding one 4-foot canister antenna (on top of a 5-foot-tall pole extension) located on top of the pole and ancillary equipment also attached to the pole. Ancillary equipment includes: - two (2) RRUS32 - two (2) diplexers inside two (2) RRU shrouds - one (1) fiber demarc box - one (1) disconnect switch - two (2) power supply units - one (1) power meter After installation of the antenna, the existing pole, which measures 42.4 feet tall, will measure 51.9 feet tall post construction. In addition, this request includes the installation of two bollards adjacent to the utility pole within the public right-of-way. All pole equipment will be painted to match the existing utility pole. Appeal of the County Planning Commission’s Decision On December 21, 2018, Ms. Alice Lee filed an appeal with the Department of Conservation and Development, Community Development Division, over the decision of the County Planning Commission to deny the appeal and uphold the decision of the County Zoning Administrator to approve the Wireless Facilities Access Permit. Ms. Alice Lee submitted a revised appeal letter on December 24, 2018. The appeal points in the revised letter have been summarized and addressed below: Alice Lee, 321 Iron Horse Court, Alamo Summary of Appeal Point #1: The proposed wireless telecommunications facility would aesthetically clash with the bucolic country lifestyle of Alamo. Staff Response: Public Utilities Code section 7901 grants telecommunications companies, like Verizon, a franchise to locate their facilities in public road rights of way. The facility is a low-visibility facility which is described as a facility or antenna installed on an existing high-voltage electricity transmission tower, or installed on an existing utility or street light pole, under the County’s Wireless Telecommunications Ordinance, chapter 88-24 of the County Ordinance Code (“Wireless Ordinance”). (See Ord. Code, §§ 88-24.204(p)(4), 88-24.404.) The facility meets all of the applicable aesthetic requirements in Wireless Ordinance. The proposed canister antenna and ancillary equipment will be painted to match the existing utility pole, which will canister antenna and ancillary equipment will be painted to match the existing utility pole, which will help the proposed cell site blend in with its surroundings (this includes the existing utility pole and telephone wires). The proposed shrouds will conceal the pole-mounted equipment. The pole extension and antenna will result in an approximately 9.5-foot height increase for the pole, thus complying with the County Wireless ordinance, which limits such height increases to a maximum of 10 feet. Therefore, by placing equipment on an existing utility pole, matching the equipment color to the color of the pole, and providing shrouds to create visual continuity, the proposed wireless telecommunications facility will not substantially change the existing visual character of the area and complies with the design requirements of Section 88-24.408 for facilities located in the public right-of-way. Summary of Appeal Point #2: The proposed cell site is unnecessary because it would not address current network coverage or capacity needs. Staff Response: Ordinance Code section 88-24.612 provides that a wireless access permit will be issued if the zoning administrator makes the following findings: (i) The facility or substantial change will be designed in a manner that complies with the applicable requirements of section 88-24.408. (ii) The facility or substantial change will not interfere with the use of the County right-of-way, or existing improvements or utilities located on, in, under, or above the right-of-way. (iii) The facility or substantial change will not interfere with any vehicular, bicycle, or pedestrian use of the County right-of-way. (iv) The facility or substantial change will not cause any violation of the accessibility requirements of the Americans with Disabilities Act. The zoning administrator made those findings based on evidence in the record. Appellants argue that Verizon has not established a need for the facility. Verizon is not required to make that showing to obtain a wireless access permit for this facility. Here, Verizon meets all of the requirements under Chapter 88-24 of the Ordinance Code to obtain a wireless access permit to place its wireless facility on an existing PG&E pole within the public right of way. Because Verizon meets the Ordinance Code’s requirements for obtaining a wireless access permit, it is not required to show that the wireless facility is required at this particular location to close a significant gap in coverage or to densify its network. Verizon would only need to make that showing if the County were to deny a permit because Verizon didn’t satisfy the requirements of Chapter 88-24 of the Ordinance Code. (See T-Mobil USA, Inc. v. City of Anacortes (2009) 572 F.3d 987.) Summary of Appeal Point #3: The proposed cell site would decrease property values. Lowered property values would negatively affect the local public school system. Staff Response: Ordinance Code Section 88-24.612(b)(4) of the County Wireless Telecommunications Facilities ordinance provides that a wireless access permit will be issued (i.e., may not be denied) if all of the requirements in Ordinance Code Sections 88-24.612(b)(4)(A) through Section 88-24.612(b)(4)(I) are satisfied. None of these requirements or approval findings require the analysis of the facility’s impact on property values in the surrounding area. Therefore, irrespective of the project’s potential impacts on property values in the surrounding area, the County Zoning Administrator and the County Planning Commission approved the proposed Verizon Wireless cell site because all of the requirements in Section 88-24.612(b)(4)(A) through Section 88-24.612(b)(4)(I) have been met. According to the Court of Appeal in Oliver v. AT&T Wireless, “the mere displeasing appearance in size and shape of a neighboring structure [a wireless tower] that is otherwise permitted by law, the only admitted effect of which is an alleged diminution in value of the adjacent property, cannot constitute a nuisance or give rise to an inverse condemnation claim.” (Oliver v. AT&T Wireless (1999) 76 Cal.App.4th 521, 524.) The facility is permitted by law and the applicant has satisfied all applicable requirements of the County’s Wireless Ordinance. Summary of Appeal Point #4: Neither the Federal Telecom Act of 1996 nor Chapter 88-24 (Wireless Telecommunications Facilities) of the County’s Ordinance Code show any prohibition on annual electromagnetic emissions (EME) measurements. The Zoning Administrator is within the County’s legal rights in making annual EME measurements a condition of approval. Staff Response: The County’s Wireless Ordinance does not currently require annual EME measurements to be taken by a permittee. The Planning Commission modified the portion of the zoning administrator’s decision that required these measurements by removing the annual-measurement requirement. The permit now requires the permittee to take EME measurements within 15 days after facility installation, and again any time equipment is added or replaced. Federal law completely preempts the County’s ability to regulate the placement, construction, or modification of personal wireless service facilities based on the effects of radio frequency (RF) or EME emissions on health or the environment. (47 U.S.C., § 332(c)(7)(B)(iv); Telespectrum, Inc. v. Public Services Comm. of Kentucky (6th Cir. 2000) 227 F.3d 414, 424); see also AT&T Wireless Services of Southern California, LLC v. City of Carlsbad (C.D. Cal. 2003) 308 F.Supp.2d 1148, 1159.) The County may not regulate RF or EME emissions under a permit. The FCC establishes the RF or EME limits within which the facility is required to operate. Summary of Appeal Point #5: The proposed antenna is a fire risk. Staff Response: This application was routed to the Contra Costa County Fire Protection District for comments during the initial 30-day noticing period for the project. The Contra Costa County Fire Protection District did not indicate that the proposed cell site would result in an increased fire risk to people or property. In addition, the proposed wireless telecommunications facility would have to be compliant with all applicable building and fire codes relating to the installation of the facility’s equipment to the existing utility pole, to ensure it would not result in an increased fire risk to people or property. Project History Verizon Wireless c/o On Air, LLC, submitted County File #WA18-0002 on April 17, 2018. At the September 4, 2018 Alamo MAC Meeting, the Alamo MAC recommended that a public hearing be held on County File #WA18-0002, becoming the impetus for the October 1, 2018 County Zoning Administrator Meeting. After taking testimony on the project at the October 1, 2018 County Zoning Administrator Meeting, the Zoning Administrator closed the public hearing and continued it to October 15, 2018, in order to consider all of the testimony presented prior to making a decision. The Zoning Administrator approved the Wireless Access Permit at the public hearing held on October 15, 2018 with the following added Condition of Approval, “Within 15 days of the antenna being installed, Verizon shall take RF power density measurements with the antenna operating to verify the level reported in the Hammett and Edison report and to ensure that the FCC public exposure level is not exceeded in any publicly accessible area. This measurement shall be taken again on an annual basis or if any equipment is replaced. Verification of these measurements shall be submitted to CDD for review and approval”. On October 25, 2018, Alice Lee and Verizon Wireless c/o On Air, LLC, appealed the Zoning Administrator’s decision, prior to the appeal deadline, thus becoming the impetus of the November 28, 2018 County Planning Commission Meeting. After taking partial testimony on the project at the November 28, 2018 County Planning Commission Meeting, the Commission continued the meeting to December 12, 2018 because the meeting was adjourned at 10:30 PM. At the December 12, 2018 County Planning Commission Meeting, the Commission made a motion to uphold the County Zoning Administrator’s decision and deny the appeal. The motion was passed by the Commission with a 5-1 vote. This approval included a modification to the Condition of Approval added by the Zoning Administrator at the October 15, 2018 Zoning Administrator meeting: “Within 15 days of the antenna being installed, Verizon shall take RF power density measurements with the antenna operating to verify the level reported in the Hammett and Edison report and to ensure that the FCC public exposure level is not exceeded in any publicly accessible area. This measurement shall be taken again if any equipment is replaced or added. Verification of these measurements shall be submitted to CDD for review and to confirm that the requirements of the Ordinance Code have been met.” On December 21, 2018, Alice Lee appealed the County Planning Commission’s decision, prior to the appeal deadline. Subsequently, Ms. Alice Lee submitted a revised appeal letter on December 24, 2018, also prior to the appeal deadline. Conclusion The appeal is similar to the testimony offered to the County Zoning Administrator and County Planning Commission and does not provide support for overturning the County Planning Commission’s decision. The proposed Verizon cell site complies with the County Wireless Telecommunications Facilities Ordinance and would not conflict with the Single-Family Residential, Low-Density (SL) General Plan land use designation or the Single-Family Residential R-20 Zoning District. The proposed project is also consistent with State and Federal regulations governing cellular telecommunications, and installation, within a public right-of-way. Additionally, staff has determined that the project, as conditioned, is the least obtrusive design. Therefore, staff recommends that the Board of Supervisors deny the appeal and sustain the County Planning Commission’s approval of County File #WA18-0002, based on the attached findings and subject to the attached conditions of approval. CONSEQUENCE OF NEGATIVE ACTION: If the Board of Supervisors grants the appeal, the County Planning Commission’s decision to uphold the County Zoning Administrator’s approval of the proposed Verizon Wireless cell site, attached to an existing utility pole in the public right-of-way, will be overturned. The applicant, Verizon Wireless, would be unable to move forward with the project as proposed. CLERK'S ADDENDUM Speakers; Matt Lewis; Cathy Wojan; Joia Boos; Cathy Wojan;  Gina; Art Scimia, Meadow Lane Improvement Association;   David Baer; Lisa Snortum-Phelps; Ruth Strong; Kraj Khararjan; Linda Uhrenholt; Roger Smith; Anne Goldman; Alex Krueger; Megan Maddern; Melanie Volk; Kimberly Crowe; Shannon Erickson; Nadine Whisnant; Jill Sanchez. Written commentary was received from (attached): Jami Tucker, Christine Scimia, Rob Harrison, Scott Maddern, Erin Lewis, Blessings Robertson-Winn, Elaine Gast, Judy DeYoe, Kirsten Muzinich, Rachel Day, Melanie Volk, no name, Irene Amido, Penelope Kojina, Tanya Krueger, Hayuta Jain, Susanne Frey, Jodee Brydges, Alex & Tanya Krueger,Kate Rudick, Christina Heil, Mandula Rewal, Kimiko Nguyen, Mitch Tunick, Karrie Haneman, Barry Winters, Tarplaijo, Eunice Chan, Christine Brashear, Miriam Winters, Bradley Hillbrandt, Laura Hillebrandt, Elizabeth Yuan, Devon Mitzel, Brett Pels, Woodie Dixon, Edward Volk, Hanh T. Estep, Joe & Paula Buenavistas, Mary Dietler, Lianna Gatto, Melanie Volk, Wendy Ko, Caroline Sherborne & Charles Bouch. CLOSED the public hearing; DETERMINED that County File #WA18-0002 is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15303; DIRECTED the Department of Conservation and Development to file a CEQA Notice of Exemption with the County Clerk; APPROVED a wireless facility access permit for a Verizon Wireless cell site on a utility pole in the Danville Boulevard public right of way in Alamo (Permit No. WA18-0002); APPROVED the findings in support of Permit No. WA18-0002; APPROVED the conditions of approval for Permit No. WA18-0002 with amendments:  (1) within 15 days after facility installation, Verizon must complete radio frequency (RF) testing at the facility, and, at the same time, Verizon must perform RF testing for interested property owners at their properties within a 300 foot radius of the facility , and (2) one year after facility installation,  Verizon must re-perform RF testing at the facility, and, at the same time, perform RF testing for interested property owners at their properties within a 300 foot radius of the facility;  and DENIED the appeal of Alice Lee, MD.   AGENDA ATTACHMENTS Maps Project Plans WA18-0002 BOS Appeal Findings and Conditions of Approval Radio Frequency Report PowerPoint Presentation MINUTES ATTACHMENTS Commentary-Appellant Lee Written Public Comments Response - Verizon Wireless FINDINGS AND CONDITIONS OF APPROVAL – COUNTY FILE #WA18-0002, VERIZON WIRELESS C/O ON AIR, LLC (APPLICANT) / PG&E AND NORTHERN CALIFORNIA JOINT POLE ASSOCIATION (OWNERS) I. FINDINGS A. Growth Management Performance Findings 1. Traffic: The establishment and operation of a telecommunications facility within a public right-of-way is not expected to increase existing traffic levels in the area. The facility is unmanned and employees would only need to visit the facility for occasional maintenance activities. Therefore, the project will not trigger an increase in traffic to the site during A.M. or P.M. commute hours. The construction phase of the project will require work within the right-of-way that can temporarily affect traffic flows within the right-of-way. The Department of Public Works has reviewed the project, including a traffic management plan for the construction phase, and provided comments and recommended conditions of approvals that have been incorporated into this document as encroachment permit COA’s (#27-93). Compliance with all encroachment permit conditions ensures the construction phase of this project can be safely constructed without significantly affecting traffic flows within the public right-of-way. 2. Water: The project does not require water resources and, therefore, will not impact groundwater levels or the frequency in which they are depleted. There will be a negligible amount of impervious surface added to the site. The majority of the facility will remain pervious, thus not affecting the recharge of any aquifers that may exist in the area. 3. Sanitary Sewer: The project will not increase the demand for sanitary sewer service in the area, as the project does not involve an increase in population nor does it require sanitary sewer facilities. 4. Fire Protection: The subject property is located within the service area of the Contra Costa County Fire Protection District. Telecommunications equipment is not typically associated with an increased fire risk. Compliance with applicable Building and Fire Codes relating to the installation of this equipment will ensure the project does not result in an increased fire risk to people or property. 5. Public Protection: The project will not increase the demand for police service facilities as there is nothing included in the proposal that will increase the population in the area. Telecommunication facilities do not typically require police presence. The site will be unmanned and will only require maintenance technicians to visit the site as necessary. Thus, the project will not increase the demand for police service facilities or personnel. 6. Parks and Recreation: The project will not increase the demand for parks or recreation facilities, as the project will not increase the housing stock in the County. 7. Flood Control and Drainage: The project is not located within a Federal Emergency Management Agency-designated special flood hazard zone and includes the construction of a negligible amount of new impervious surface. Therefore, the establishment of this wireless telecommunications facility is not anticipated to affect any flood control improvements or existing drainage patterns in the area. B. Wireless Access Permit Findings - 88-24.612 (b)(4)(A): 1. Required Finding: The facility or substantial change will be designed in a manner that complies with the applicable requirements of Section 88-24.408. Project Finding: The project involves the installation of a 4-foot canister antenna on top of a pole extension that would be mounted upon an existing utility pole. Additional accessory equipment necessary for the operation of the site would also be attached to the existing utility pole. The pole top equipment would result in an approximately 9.5-foot height increase for the pole, thus complying with the County Wireless ordinance, which limits such height increases to a maximum of 10 feet. All pole-mounted equipment would be painted to match the existing pole, thus minimizing the equipment’s effect on the visual quality of the residential neighborhood, as required by ordinance. All pole-mounted equipment will be mounted at a minimum of 7 feet above grade to prevent the disruption of public use of the right of way. Therefore, the design of the project will meet the requirements of Section 88-24.408 for the facilities located in the public right-of- way. Pursuant to the applicant, PG&E (owner of the utility pole) is requiring that Verizon install bollards to protect the equipment. 2. Required Finding: The facility or substantial change will not interfere with the use of the public right-of-way, or existing improvements or utilities located on, in, under or above the public right-of-way. Project Finding: Because the antenna and related equipment will be clear of the adjacent roadway and shoulder, the project is not expected to interfere with vehicular travel or parking within the right-of-way. The project will not interfere with curb, gutter, and storm drain improvements existing within the right-of-way. The project includes a wooden pole extension, upon which the antenna will be mounted, to provide separation distance between the existing PG&E power transmission wires and the telecommunications facility as required by the CPUC. Thus, the project will not interfere with existing improvements or utilities located on, in, under, or above the public right-of-way. Pursuant to the applicant, PG&E (owner of the utility pole) is requiring that Verizon install bollards to protect the equipment. 3. Required Finding: The facility or substantial change will not interfere with any vehicular, bicycle, or pedestrian use of the public right-of-way. Project Finding: The proposed facility is completely clear of the existing roadway. There are no sidewalks adjacent to the project site. However, if sidewalk improvements are constructed in the future, the pole mounted equipment is located at a sufficient height (7 feet minimum) above ground level as not to interfere with pedestrian use of the right-of-way. The project is not anticipated to affect the use of the right-of-way for vehicles, bicycles, or pedestrians. Pursuant to the applicant, PG&E (owner of the utility pole) is requiring that Verizon install bollards to protect the equipment. 4. Required Finding: The facility or substantial change will not cause any violation of the accessibility requirements of the Americans with Disabilities Act. Project Finding: The facility will only be accessed by trained professionals for maintenance purposes. The facility will not interfere with vehicular circulation in the public right-of-way and there is no adjacent sidewalk in this area. The lowest equipment on the existing pole will be 7 feet above ground level which is adequate height to accommodate ADA compliant path of travel below, should sidewalks be installed in the future. Thus, the project will not cause any violation of the accessibility requirements of the Americans with Disabilities Act. Pursuant to the applicant, PG&E (owner of the utility pole) is requiring that Verizon install bollards to protect the equipment; however, the required bollards would not interfere with the ADA path of travel. C. California Environmental Quality Act (CEQA) Findings The project is exempt from environmental review pursuant to CEQA Guidelines section 15303, which exempts, among other things, the installation of small new equipment and facilities in small structures. This project consists of minor modifications to an existing PG&E utility pole in the public right of way. As described herein, the project includes one 4-foot antenna mounted on top of an existing 42.4-foot-tall utility pole, as well as ancillary equipment mounted on the side of the pole. There is no substantial evidence that the project involves unusual circumstances, including future activities, resulting in, or which might reasonably result in, significant impacts which threaten the environment. None of the exceptions in CEQA Guidelines section 15300.2 apply. II. CONDITIONS OF APPROVAL FOR COUNTY FILE #WA18-0002: Project Approval 1. This Wireless Access Permit approval is granted to allow the establishment of a new Verizon Wireless cell site. The site consists of the following elements attached to an existing utility pole located in the public right-of-way:  One 4-foot pole-top canister antenna;  One wooden pole extension;  Two RRUS32 and two diplexers inside two RRU shrouds;  One disconnect switch;  Two power supply units;  One fiber demarc box;  One power meter;  Two bollards. 2. The Wireless Access Permit approval described above is granted based on the following information and documentation:  Wireless Access Permit application and supplemental project information submitted to the Department of Conservation and Development, Community Development Division (CDD) on April 17, 2018;  Supplemental project information received on August 15, 2018;  RF Report prepared by the firm of Hammett & Edison, Inc., Consulting Engineers, received on August 15, 2018. Initial Compliance Report Prior to Issuance of a Building Permit 3. Prior to CDD stamp approval of construction plans for the issuance of a building permit, the Applicant shall submit a report addressing compliance with project conditions of approval, for the review and approval of the CDD. The report shall list each condition followed by a description of what the Applicant has provided as evidence of compliance with that condition. Unless otherwise indicated, the Applicant will be required to demonstrate compliance with the conditions of this report prior to issuance of construction permits. The Zoning Administrator may reject the report if it is not comprehensive with respect to applicable requirements for the requested permit. The deposit for review of the Compliance Report is $500.00; the actual fee shall be the cost of time and materials.  Prior to operating the approved telecommunications facility, color photographs showing the as-built condition of the facility shall be submitted for the review and approval of the CDD to verify compliance with these Conditions of Approval. Permit Duration and Permit Review 4. This Wireless Access Permit is granted for a period of ten years and shall be administratively reviewed at five year intervals. The applicant shall in itiate the first review by submitting a statement as to the current status of the project to the Zoning Administrator no later than five years following the effective date of the project approval. This review by the Zoning Administrator will be for the pur pose of ensuring continued compliance with the conditions of permit approval. Non- compliance with the approved conditions and/or the ordinance code provisions, after written notice thereof, shall be cause for revocations proceedings. For the review of existing commercial wireless communications facilities, submittal shall include photo documentation of existing conditions and equipment for comparison with the applicable approved conditions. The Applicant is encouraged, at the time of each administrative review, to review the design of the telecommunications facility and make voluntary upgrades to the facility for the purpose of improving safety and lessening visual obtrusiveness. A review fee in the amount of $500.00 (subject to time and materials) will be filed through a Compliance Verification application to allow for review of the approved conditions. Party Responsible for Permit Compliance 5. The Permittee (wireless operator) is responsible for keeping the Department of Conservation and Development, Community Development Division (CDD) informed of who is responsible for maintenance of compliance with this permit and how they may be contacted (i.e., mailing and email addresses, and telephone number) at all times. a. Prior to obtaining a building permit, the Permittee shall provide the name of the party (carrier) responsible for permit compliance and their contact information. b. Should the responsible party subsequently change (e.g. faculty is acquired by a new carrier), within 30 days of the change, Permittee shall issue a letter to CDD with the name of the new party who has been assigned permit compliance responsibility and their contact information. Failure to satisfy this condition may result in the commencement of procedures to revoke the permit. Removal of Facility/Site Restoration 6. All structures and equipment associated with the commercial wireless communications facility shall be removed within 60 days of the discontinuance of the use; and the site shall be restored by the Permittee to its orig inal pre- development condition. In addition, the Permittee shall provide the CDD with a notice of intent to vacate the site a minimum of 30 days prior to vacation. Security to Provide for Removal of Equipment 7. Prior to submittal of a building permit for the telecommunications facility the Applicant or Permittee shall provide bond, cash, or other surety, to the satisfaction of the Zoning Administrator, for the removal of the facility in the event that the use is abandoned or the use permit expires, or is revoked, or otherwise terminated. If the Permittee does not remove any obsolete or unused facilities as described above, the financial guarantee shall be used by the County to remove any obsolete or unused facilities and to return the site to its pre-development condition. The financial assurance must be submitted before a permit will be issued. A financial assurance must be irrevocable and not cancelable, except by the County. Each form of financial assurance must remain valid for the duration of the per mit and for six months following termination, cancellation, or revocation of the permit. Any unused financial guarantee shall be returned to the Applicant upon termination of the use and removal of the facility or transfer of the lease accompanied by a financial guarantee by the new lessee or owner. The amount of the security shall be based on a cost estimate provided by a contractor or other qualified professional to the satisfaction of the Zoning Administrator. General Provisions 8. A minor alteration to this Wireless Access Permit may be issued if the proposed modification(s) are not considered a substantial modification as stated under federal low (Title 47, Section 1.40001). A minor alteration (or collocation) has a term that is the shorter of the following: A. 10 years; or B. The duration, including any renewal period, of the permit that authorizes the existing facility on which the new facility will be collocated or on which the minor alteration will occur. 9. The conditions contained herein shall be accepted by the Applicant, their agents, lessees, survivors or successors for continuing obligation. 10. At all times the facility shall comply with the applicable rules, regulations, and standards of the FCC and other agencies having jurisdiction, and any other applicable Federal, State, and County laws and regulations. 11. The facility shall be operated in such a manner as not to contribute to ambient RF/EMF emissions in excess of then current FCC adopted RF/EMF emission standards. 12. The equipment shall be maintained in good condition over the term of the permit. This shall include keeping the structures graffiti-free. 13. Antennas, towers, cabinets, and mountings shall not be used for advertising. 14. No lights or beacons may be installed on any antenna or antenna support structure, unless lights or beacons are required by a state or federal agency having jurisdiction over the antenna or antenna support structure, such as the California Public Utilities Commission, Federal Communications Commission, or Federal Aviation Administration, or if lights or beacons are recommended by the County Airport Land Use Commission. 15. The facility, all fences and walls surrounding a facility, and all other fixtures and improvements on the facility site must be repainted as often as ne cessary to prevent fading, chipping, or weathering of paint. Equipment must be painted to match the utility pole. Exterior Noise 16. Prior to final building inspection, the Applicant shall submit evidence for review and approval of the CDD that the wireless telecommunications facility meets acceptable exterior noise level standards as established in the Noise and Land Use Compatibility Guidelines contained in the Noise Element of the County General Plan. The evidence can either be theoretical calculations for identical equipment or noise monitoring data recorded on the site. Camouflaging 17. All proposed antennas, antenna supports, and conduits shall have a non -reflective finish. Paints with a reflectivity less than 55 percent are required. Color photographs showing the as-built condition shall be submitted for review of the CDD staff to verify compliance with this Condition of Approval within 30 days of completing construction. Frequency Interference 18. The facility may not be operated at a frequency that will interfere with an emergency communication system or 911 system, including any regional emergency communication system. Work Restrictions 19. The applicant shall make a good faith effort to minimize project-related disruptions to adjacent properties, and to uses on the site. This shall be communicated to all project-related contractors. 20. The applicant shall require their contractors and subcontractors to fit all internal combustion engines with mufflers which are in good condition and shall locate stationary noise-generating equipment such as air compressors as far away from existing residences as possible. 21. The site shall be maintained in an orderly fashion. Following the cessation of construction activity, all construction debris shall be removed from the site. 22. Large trucks and heavy equipment are subject to the same restrictions that are imposed on construction activities, except that the hours are limited to 9:00 AM to 4:00 PM. 23. A publicly visible sign shall be posted on the property with the telephone num ber and person to contact regarding construction-related complaints. This person shall respond and take corrective action with 24 hours. The CDD phone number shall also be visible to ensure compliance with applicable regulations. 24. All construction activities shall be limited to the hours of 8:00 A.M. to 5:00 P.M., Monday through Friday, and are prohibited on state and federal holidays on the calendar dates that these holidays are observed by the state or federal government as listed below: • New Year's Day (State and Federal) • Birthday of Martin Luther King, Jr. (State and Federal) • Washington's Birthday (Federal) • Lincoln's Birthday (State) • President's Day (State and Federal) • Cesar Chavez Day (State) • Memorial Day (State and Federal) • Independence Day (State and Federal) • Labor Day (State and Federal) • Columbus Day (State and Federal) • Veterans Day (State and Federal) • Thanksgiving Day (State and Federal) • Day after Thanksgiving (State) • Christmas Day (State and Federal) For details on the actual date the state and federal holidays occur, please visit the following websites: Federal Holidays: www.federalreserve.gov/aboutthefed/k8.htm California Holidays: www.sos.ca.gov/holidays.htm Application Processing Fees 25. The Wireless Access Permit application was subject to an initial deposit of $4,000.00, which was paid with the application submittal, plus time, and material costs if the application review expenses exceed 100% of the initial deposit. Any additional fee due must be paid prior to issuance of a building permit, or within 60 days of the effective date of this permit, whichever occurs first. The fees include costs through permit issuance and final file preparation. Pursuant to Contra Costa County Board of Supervisors Resolution Number 2016/331, where a fee payment is over 60 days past due, the application shall be charged interest at a rate of 10% from the date of approval. The Applicant may obtain current costs by contacting the project planner. A bill will be mailed to the Applicant shortly after permit issuance in the event that additional fees are due. 26. Within 15 days of the antenna being installed, Verizon shall take RF power density measurements with the antenna operating to verify the level reported in the Hammett and Edison report and to ensure that the FCC public exposure level is not exceeded in any publicly accessible area. This measurement shall b e taken again if any equipment is replaced or added. Verification of these measurements shall be submitted to CDD for review and to confirm that the requirements of the Ordinance Code have been met. PUBLIC WORKS SPECIAL ROAD ENCROACHMENT PERMIT CONDITIONS OF APPROVAL FOR PERMIT #WA18-0002 27. Verizon Wireless (permittee) shall comply with the requirements of Title 8, Title 9 and Title 10 of the Ordinance Code, any exception(s) must be stipulated in these Special Road Encroachment Permit Conditions. These Special Road Encroachment Permit Conditions are based upon the site plan a submitted to the Department of Conservation and Development, Community Development Division on April 18, 2018. 28. This encroachment permit is being issued only for the County owned section of Danville Boulevard (Road No. 5301A) adjacent to 401 Horsetrail Court on Verizon Wireless “SF ALAMO 011 (NEAR) 401 HORSETRAIL COURT, ALAMO, CA 94507” plans dated April 3, 2018. 29. Verizon Wireless shall provide written evidence to the Public Works Department from the owner of the street light/utility pole (PG&E) that they authorize the cell site improvements on the existing street light/utility pole. 30. Verizon Wireless shall provide evidence to the Public Works Department, Real Property Division that they are included in the statewide franchise agreement issued by the CPUC (California Public Utilities Commission); or, if unable to do so, Verizon Wireless shall enter into a license agreement with the County. 31. Verizon Wireless shall notify the United States Postal Service, the emergency services and the proper garbage collection agency to coordinate services to the residents of Danville Boulevard if the construction operations will disrupt normal services. ADMINISTRATION 31. Scheduling inspection. All work authorized by the permit must be inspected. Permittee shall arrange for an inspection by telephoning Paul Tehaney @ (925) 595- 6012 or by email pteha@pw.cccounty.us. If you cannot reach the inspector, contact the construction office at (925) 313-313-2320. 32. Encroachment permit on site. A copy of this encroachment permit shall be available for review on site for the duration of the right-of-way encroachment allowed by this permit. The encroachment permit shall be shown upon request to any police officer or any employee of the County with jurisdictional responsibility over activities in the public right-of-way. If a County employee requests to see a copy of this encroachment permit and the encroachment permit is not available a Stop Work Order may be issued until a copy of the encroachment permit is available for review on site. 33. Approved plans. All works shall be per the plans reviewed and approved by the County. Any proposed changes to the approved plans must be reviewed and approved by the County. 34. Emergency contact. Permittee shall identify an individual who will be available 24 hours per day with the responsibility and authority to respond to emergencies related to the construction work. Permittee shall report the name and telephone number of the individual to Bob Hendry at the Permit Center prior to the start of work. Mr. Hendry can be reached at (925) 674-7744. No work within the County road right-of-way shall be allowed until the emergency contact is reported to Mr. Hendry. 35. Quality control plan. The Contractor shall be responsible for controlling the quality of material entering the work and the work performed, and shall perform testing to ensure control. Prior to start of work the Contractor shall submit to the construction inspector a Quality Control Plan that must describe the methods and frequency of testing, implementation of corrective actions as necessary, and reporting of test results. 36. Pre-construction meeting. The permittee shall hold a pre-construction meeting with the County’s construction inspector at least one week prior to the start of work. No work within the County road right-of-way shall be allowed until the pre- construction meeting has been held. 37. Damage to utility facilities. If the permittee’s work damages a utility facility while performing the work covered by this encroachment permit the permittee or permittee’s contractor shall contact the construction inspector within two (2) days of damaging the facility. 38. Final inspection. The permittee shall hold a final inspection meeting with the construction division representative of Public Works. All County concerns shall be resolved before the work is accepted as complete. A signed off permit from another permitting agency or utility company does not guarantee acceptance by the County Public Works Department. 39. Staff charges. Permittee is responsible for all staff charges asso ciated with this encroachment permit. The encroachment permit will not be signed off as complete until all the review and inspection charges are paid in full. 40. Indemnification. The permittee agrees to save, indemnify and hold harmless the County of Contra Costa or its representatives from all liabilities imposed by law by reason of injury to or death of any person or persons or damage to property which may arise out of the work covered by this permit and does agree to defend the County in any claim or action asserting such action. Accepting this permit or starting any work hereunder shall constitute acceptance and agreement to all of the conditions and requirements of this permit and the ordinance and specifications authorizing issuance of such permit. 41. Insurance. The permittee or the permittee’s contractor shall furnish an acceptable certificate of insurance naming Contra Costa County, its employees, officials and agents as additionally insured. See Attachment 1A for insurance requirements. 42. County standards. All work shall conform to Contra Costa County Standard Plans and Specifications, except as noted, and may be modified by the County’s representative to meet field conditions. 43. Location of facilities. All facilities being installed shall be located in compliance with County Standard Drawing CU60 and in compliance with County Standard Drawing CA10 when located at or near an intersection. 44. ADA compliance. All new facilities shall provide the minimum required ADA clearances (4’ sidewalk width). 45. Weather. Work covered under this encroachment shall not be allowed: a. If it is raining at the beginning of the work day no work shall be started without the approval of the Construction inspector. b. If rain begins during the work day, work covered under this encroachment permit may be suspended at the direction of the Construction inspector. c. Work covered under this encroachment that is suspended due to rain shall be allowed to commence once the work area within the road right-of-way has sufficiently dried and at the direction of the Construction inspector. 46. Working hours. For the purposes of this permit, working hours are defined as follows: 7 A.M. to 5 P.M. Monday through Friday, except legal holidays. TREE PROTECTION 47. Protecting existing trees. Except where otherwise provided by the involved permit’s conditions of approval or approved permit application, on all properties where mature trees are required to be saved during the course of construction, the permittee shall follow the following tree preservation standards. The Permit construction plans shall include these requirements as notes: a. Prior to the start of any clearing, stockpiling, trenching, grading, compaction, paving or change in ground elevation on a site with mature trees to be preserved, the applicant shall install temporary fencing at the dripline or other area determined by an arborist report of all trees adjacent to or in the area to be altered, and provide evidence of same (e.g., photos) to Public Works. Prior to grading or commencement of project improvements, the fences may be inspected and the location thereof approved by appropriate County staff. b. No grading, compaction, stockpiling, trenching, paving or change in ground elevation shall be permitted within the dripline of a mature tree unless indicated on the site/grading plan approved by the County and addressed in any required report prepared by an arborist. If grading or construction is approved within the dripline of a mature tree, an arborist may be required to be present during grading operations. The arborist shall have the authority to require protective measures to protect the tree roots. All arborist expense shall be borne by the permittee unless otherwise provided by the permit conditions. c. The permittee shall not park or store vehicles, equipment, machinery, or construction materials within the dripline of any tree to be saved. d. The permittee shall not dump oils or chemicals within the dripline of any tree to be saved. e. The permittee will replace any mature tree that dies within 2 years of projected- related excavation within its dripline. 48. Notification of tree damage. The permittee shall notify Public Works of any damage that occurs to any mature tree during the construction process. If significant damage to any mature tree not approved for destruction or removal occurs, the permittee shall either: a. Repair any damage as determined by a certified arborist that is designated by the Public Works Director or his/her designee; or b. Replace the damaged tree with a tree or trees of equivalent size and of comparable species, as determined by the Public Works Director or his/her designee to be reasonably appropriate for the particular situation. TRAFFIC 49. Traffic control plan. The permittee shall provide a traffic control plan conforming to the “California Manual on Uniform Traffic Control Devices,” when work will entail a lane closure. The traffic control plan shall include information of the types of, and outrigger support for, boom trucks to determine the roadway clearance necessary during construction. The County’s resident engineer/inspector must review the traffic control plan prior to the start of work. 50. Advanced warning signs. The permittee shall place temporary advance warning signs to alert motorists to construction work ahead whenever trucks or construction equipment are entering or leaving the construction site or when equipment is within the road right of way. 51. Flagging. Traffic shall be under flagging control when any construction operation is occurring in the roadway. 52. Traffic non-working hours. All traffic lanes shall be open to the public during non- working hours. 53. Emergency access. The permittee shall provide emergency access to the job site and to any adjacent private property at all times. 54. Advanced notification. The permittee shall provide a minimum of 48 hours advance notification to property owners whose access will be obstructed by construction operations. The notification shall include the date(s) of construction along the frontage that will obstruct a property owner’s access. 55. Property access. The permittee shall reasonably accommodate a property owner’s requests to cross the work zone to enter or leave their property. In no case shall the permittee block an owner’s access for more than 30 minutes. 56. Traffic impediment. The permittee shall not impede or impair vehicle, bicycles or pedestrian access to or within the right of way of Danville Boulevard. 57. Temporary pavement delineators. Temporary pavement delineation shall be furnished, placed, maintained and removed where the existing pavement delineation has been removed or damaged by the construction. Temporary pavement delineation shall be removed prior to the placing of the permanent pavement delineation. Temporary raised pavement markers shall be placed at the existing traffic stripe locations at intervals of not more than 24 feet. On double traffic stripes two markers shall be placed side by side, one on each stripe, at longitudinal intervals of not more than 12 feet. At crosswalks and limit lines temporary raised pavement markers shall be placed at the existing crosswalk/limit line locations at intervals of not more than two (2) feet. Prior to opening the lanes to uncontrolled traffic the covers shall be removed from the temporary raised pavement markers. Temporary raised pavement markers shall be reflective and the same color as the permanent stripe and shall be of the following or equal: Reflective Temporary Raised Pavement Marker (Types Y and W), manufactured by Davidson Plastics Company (DAPCO), 18726 East Valley Highway, Kent, WA 98032, Telephone (206) 251-8140. MV Plastics Chip Seal Marker (1280/1281 Series with Reflexite Polycarbonate, PC 1000, reflector unit), manufactured by MV Plastics, Inc., 533 West Collins Avenue, Orange, CA 92667, Telephone (714) 532-1522. The markers shall be placed in accordance with the manufacturer’s installation procedure instructions. 58. Pedestrians. The permittee shall provide safe pedestrian and bicycle access through the project site at all times. TRENCHING 58. Underground Service Alert (USA). USA must be contacted prior to excavating in a County road right of way. Telephone 811. Any work found in progress with a valid USA number will be shut down and the roadway cleared. All USA and/or temporary survey pavement markings shall be removed by the permittee at the completion of work to the satisfaction of the County Public Works Construction inspector. 59. Trench detail. Trench excavation and backfill requirements shall follow County Standard Plan, “Utility Trench Cut Detail,” drawing # CU01. 60. Installing facilities under sidewalk. Hand digging or tunneling under the curb/gutter and sidewalk shall not be allowed. The sidewalk, curb and gutter shall be removed as needed for the facility installation, and then replaced according to County standards. 61. Existing pavement striping. All existing pavement striping, markings and markers damaged or disturbed shall be replaced in kind. 62. Crack sealing. Where the asphalt pavement has been cut by the permittee in anticipation of trenching and no trenching is performed (over extended saw cut beyond the limits of the trench excavation, abandoning the project, etc.), the applicant shall seal the cut in the asphalt pavement with Crafco, rubberized asphalt Type II crack sealing material (or approved equal) according to the manufacture’s specifications. 63. Pavement. Temporary paving (or permanent pavement) shall be placed at the end of each workday. Until the final paving is in place, the temporary paving shall be maintained as needed and provide a smooth riding surface (level with the surrounding road surface). If the permittee fails to maintain the temporary paving County forces may address any needed maintenance to the temporary paving/trench cut and the permittee will be charged the cost plus appropriate overhead charges. Temporary pavement shall be 1.5-inches minimum thickness of ½-inch, Type A hot mix asphalt (HMA) and shall be replaced as specified in Item 7 of this section with permanent pavement. If permanent paving is not completed as specified, County forces may pave it and the permittee will be charged the cost plus appropriate overhead charges. 64. Hot mix asphalt special conditions. Section 39 (revised October 16, 2014) County Standard Plans. SECTION 39 HOT MIX ASPHALT SPECIFICATIONS 39 GENERAL The work included in this section shall be performed as shown on the Plans and in accordance with the requirements of Section 39, "Hot Mix Asphalt" of the State of California Standard Specifications (including amendments) and these Standard Specifications. 39-1.0 MATERIALS 39-1.01 ASPHALT The amount of asphalt binder to be mixed with the aggregate for hot mix asphalt (HMA) for paving shall be determined in conformance with the requirements in California Test 367. The Contractor shall submit asphalt concrete mix designs sufficiently in advance of manufacturing to allow for County review and approval. The County may direct the amount of asphalt binder to be mixed with the aggregate. In the event that an increase or decrease is ordered, the unit price of asphalt concrete items stated in the Contractor's proposal shall be considered valid to cover any cost relating to the addition or reduction of liquid asphalt quantity and no adjustment in compensation will be made therefor. Asphalt binder to be mixed with aggregate shall be a steam-refined paving asphalt in conformance with the provisions in Section 92, "Asphalts", of the State Standard Specifications. PG 64-10 asphalt binder shall be used for all applications. 39-1.02 AGGREGATE Aggregate for the Hot Mix Asphalt shall be either ½-inch HMA Type A or B, as designated by the County. 39-1.04 HOT MIX ASPHALT Hot Mix Asphalt stored in excess of 15 hours shall not be used in the work. Hot Mix Asphalt placed in the top layer of the surfacing shall be obtained from only one asphalt plant. 39-2.0 PLACEMENT Asphalt concrete shall be spread and compacted as shown on the plans. All layers shall be spread with a self-propelled paving machine. Motor graders or loaders with special paving attachments will not be considered a self-propelled paving machine. Asphalt concrete shall be compacted and finished in conformance with said Section 39, amended as follows: Compacting Equipment: The Contractor shall furnish a sufficient number of rollers to obtain the specified compaction and surface finish required by these specifications. All rollers shall be equipped with pads and water systems that prevent sticking of asphalt mixtures to the pneumatic or steel-tired wheels. A parting agent, which will not damage the asphalt mixture, as determined by the County, may be used to aid in preventing the sticking of the mixture to the wheels. Asphalt concrete shall be compacted by any means to obtain the specified relative compaction before the temperature of the mixture drops below 150°F. Additional rolling to achieve the specified relative compaction will not be permitted aft er the temperature of the mixture drops below 150°F or once the pavement is opened to public traffic. When vibratory rollers are used as finish rollers, the vibratory unit shall be turned off. Section 39-2 “STANDARD CONSTRUCTION PROCESS,” of the State Standard Specifications is replaced as follows: The mix design submitted for the job should include Stabilometer testing in accordance with California Test 366. The testing shall represent a sample of the submitted mix design performed within the previous 12 months of the mix design submittal date. Sampling and testing shall be performed by qualified representatives of a third-party testing agency employed by the Developer. A sample of Hot Mix Asphalt shall be collected in the field for every 750 tons of material placed, or portion thereof, and a sample of aggregate shall be collected from the mix plant on the first day of paving. A minimum of one sample of Hot Mix Asphalt should be collected per day of paving, regardless of amount of Hot Mix Asphalt placed. Hot Mix Asphalt shall be compacted to a relative compaction of not less than ninety- two and not more than ninety-seven percent and shall be finished to the lines, grades and cross section shown on the Plans. In-place density of Hot Mix Asphalt will be determined prior to opening the pavement to public traffic. Relative compaction will be determined by California Test 375. Maximum theoretical density will be determined in conformance with California Test 309. If the test results for a quantity of Hot Mix Asphalt indicate that the relative compaction is below ninety-two percent or greater than ninety-seven percent, the Contractor will need to adjust his/her materials or his/her procedures, or both. Hot Mix Asphalt spreading operations shall not continue until the Contractor has notified the County of the adjustment that will be made in order to meet the required compaction. Mitigation for lots of out of specification Hot Mix Asphalt compaction will be as follows: COMPACTION Level* Mitigation Less than 88 percent Rejection 88 to 90 percent HMA Overlay with reinforcing layer such as GlasGrid or equivalent 90 to 92 percent Slurry Seal Greater than 97 percent Slurry Seal * Obtained by California Test 309. If the test results for any quantity of asphalt concrete indicate that the relative compaction is less than eighty-eight percent, the asphalt concrete represented by that lot shall be removed. Hot Mix Asphalt spreading operations shall not continue until the Contractor makes significant adjustments to his/her materials or procedures or both in order to meet the required compaction. The adjustments shall be agreed to by the County. Testing of the plant sampled aggregate shall include Aggregate Gradation (p er California Test 202) and Aggregate Sand Equivalent (per California Test 217). If testing indicates that the gradation falls outside the tolerance range for any sieve size, production shall stop and paving may not continue until testing demonstrates that the issue has been resolved. Likewise, if the Sand Equivalent falls below 47 or 42 for Type A or Type B Hot Mix Asphalt, respectively, paving shall be halted until subsequent testing indicates that the aggregate used is in conformance. Paving that was performed between startup and halting paving operations for out -of- specification aggregate shall be subject to a slurry seal, at the County’s discretion. Additional testing of Hot Mix Asphalt shall include Asphalt Binder Content per California per (California Test 379 or 382). Following paving operations, the pavement shall be cored to verify Hot Mix Asphalt thickness. The following tables describe required results of these tests and mitigation necessary for not meeting specification. BINDER CONTENT Percent* Mitigation Less than 5.4 percent Slurry Seal *Obtained by California Test 379 or 382. PAVEMENT THICKNESS Thickness less than plan Mitigation ¼ inch Slurry Seal ½ inch Overlay *Obtained by California Test 375. Alternative methods to the mitigation listed above proposed by the Developer should be provided to the County in writing for review and should be approved prior to implementation. The Contractor shall not perform paving operations when the weather is rainy or foggy. It shall be the Contractor's responsibility, based on weather predictions, to schedule his/her paving operations to avoid paving in the rain or fog. Hot Mix Asphalt shall not be placed on any surface that contains ponded water or excessive moisture in the opinion of the County. If paving operations are in progress and rain or fog forces a shutdown, loaded trucks in transit shall return to the plant. The Contractor shall furnish and use canvas tarpaulins to cover all loads of asphalt concrete from the time that the mixture is loaded until it is discharged from the delivery vehicle. Batch data and load slips shall be presented to the County as asphalt is delivered to the project site to allow verification of location and use. Failure to do so may result in required removal of questionable quantities. Handwork, raking, and repetitive handling of any asphalt concrete shall be minimized. The broadcasting of any loose or excess asphalt concrete material onto the rolled mat is prohibited. Any Hot Mix Asphalt material that has fallen onto the adjacent roadway surface shall either be raked against the edge of the mat or removed from the site. Failure to comply with this requirement may result in the rejection of the finished paving by the County. Sections 39-3, 39-4, 39-5, and 39-6 of the State Standard Specifications do not apply to this work. In the event of a dispute between testing performed by the Developer’s representative and any testing performed on behalf of the County, the County’s results will prevail. 65. Protecting open excavations. An excavation that remains unfilled after working hours shall be covered with steel plates or protected with other protective barriers adequate to prevent entry by pedestrians and vehicles. 66. Trench plates. When multiple steel plates, used to temporarily cover the working end of a trench or pit, are subject to traffic loading, the plates shall be tack welded together so that they act as a unit. Asphalt concrete shall be placed to provide a smooth transition from the pavement to plate surfaces. The transition shall be at a 12(hor): 1(ver) slope (maximum). 67. Trench plate surface. The exposed surface of trench plates shall be roughened to provide traction equivalent to the adjacent road surface. 68. Time limit on trench plates. The use of trench plates shall be limited to five (5) working days at the site. 69. Expiration date. The County has provided the permittee with an encroachment permit expiration date of that provides the permittee with flexibility for contracting the project and/or scheduling of the work. The County wants to minimize the time that our pavement is disturbed (time from initial pavement excavation to final trench paving). Therefore, the County is requiring that all work described in this permit, including finish paving, be completed within 20 working days from the day that the pavement is excavated. 70. Clean Water/NPDES. Comply with the County’s clean water requirements during all construction activities. Use Best Management Practices to comply with the County’s NPDES ordinances and permits. 71. Air Quality. Comply with Bay Area Air Quality Management District, Federal Clean Air Act and State of California Air Quality Standards. 72. Trench location. All trenching shall be performed outside the road pavement. EXISTING FACILITIES 73. Use of sidewalks. No vehicles or equipment shall be parked on or driven on the sidewalks. 74. Existing facilities. All signs, pavement stripes and markings, delineators, fences, ditch linings, drainage structure and pipes, AC dikes, and other improvements damaged or disturbed by construction shall be replaced in kind. 75. Damage to County facilities. If any County facility is damaged the permittee or the permittee’s contactor shall contact the construction inspector with in two (2) hours of the facility being damaged. 76. Drainage. All drainage shall be kept open and the existing drainage pattern maintained. 77. Exiting curb, gutters and sidewalks. Portland Cement concrete sidewalks, curbs, gutter and other pavements damaged or disturbed by construction shall be removed to the nearest expansion or weakened plane joint and replaced to match adjacent concrete improvements in conformance with County Standard Plans and Specifications. 78. Landscaping. Any landscaping displaced or damage during the construction shall be replaced in kind. 79. Pedestrians. The permittee shall provide for redirecting pedestrians around the construction area when the permittee’s work prevents public access or creates unsafe conditions along the sidewalks. HOUSEKEEPING 80. Encroachment permit on site. A copy of this encroachment permit shall be available for review on site for the duration of the right-of-way encroachment allowed by this permit, and shall be shown upon request to any police officer or any employee of the County with jurisdictional responsibility over activities in the public right-of-way. 81. Use of right of way. No equipment, and /or stockpiles or other materials shall be left overnight in the road right-of-way. 82. Cleaning right of way. The permittee shall assure that the traveled way available to the public remains free of dirt, rock, debris, and construction materials at all times. At the end of each workday, or at the direction of the inspector, the traveled way and paved shoulders shall be swept clean, and if necessary washed clean, to remove dirt, rock and debris. If washing is performed, the permittee shall provide all necessary controls to prevent sediment from entering drainage inlets and creeks. 83. Non-working hours. With the exception of emergency work, no construction activities (including idling of equipment) shall take place during non-working hours. 84. Private property. Construction within the right-of-way does not allow for use of private property as a laydown area for construction-related equipment and supplies. SHOULDERS 85. Reconstructing shoulders. All disturbed shoulder areas shall be reconstructed to restore the cross slopes and longitudinal drainage that existed prior to the project by placing shoulder backing material conforming to the following specification over a compacted and smoothly graded subgrade: SHOULDER BACKING The material for shoulder backing shall be imported material conforming to the following grading and quality requirements: GRADING REQUIREMENTS Sieve Sizes Percentage Passing 2 inch 100 1 inch 75 – 100 No. 4 35 – 80 No. 30 15 – 55 No. 200 5 - 25 QUALITY REQUIREMENTS Specification Test Requirement Sand Equivalent CA 217 10 min. Resistance (R-Value) CA 301 40 min. Plasticity Index CA 204 8 min. The areas where shoulder backing is to be constructed shall be cleared of all weeds, grass and debris. Removed weeds, grass and debris shall be disposed of outside of the road right-of-way in accordance with Caltrans Specifications Section 7-3.13 86. Shoulder backing. A minimum thickness of 4-inches of shoulder backing shall be placed over disturbed shoulder areas but in no case shall the width of the shoulder backing be less than 3-feet unless otherwise approved in writing by the County inspector. Compaction shall conform to Caltrans Specification 19-5.03 (95% relative lab. max.) SIGNALS 87. Traffic signals. At signalized intersections, caution should be taken to avoid damaging detector loops, conduit and conductors. If damage occurs, the following action shall be taken: a. Immediately contact Contra Costa County General Services signal shop at (925) 313-7052 to report the damage. b. Temporary emergency repairs of damaged conduit and conductors may be made by the County at the permittee’s expense to be charged against the permittee’s cash bond. c. A qualified electrical contractor specializing in traffic signal wo rk shall do permanent repair work to conduits and conductors. The work shall be finished within 14 calendar days from the time damage occurs. If the work is not finished within the 14 calendar days, the County reserves the right to have the work done and bill the permittee for the costs. Preserving Survey Monumentation Assembly Bill 1414 became effective January 1, 1995. Part of this legislation provides for the preservation of Survey Monuments for construction projects. This legislation mandates that prior to construction survey monuments are to be referenced in the field and “Corner Records” are filed with the County Surveyor. After construction, monuments are to be reset and “Corner Records” filed with the County Surveyor. These must be completed prior to project completion certification. It is our interpretation that preservation of survey monuments is required for any activity that disturbs existing monuments not just “road work.” Therefore: All survey monuments shall be preserved, referenced and/or replaced pursuant to Section 8771 of the Business and Professions Codes. SECTION 1. Section 8771 of the Business and Professions Code is amended to read: 8771. Monuments set shall be sufficient in number and durability and efficiently placed so as not to be readily disturbed, to assure, together with monuments already existing, the perpetuation or facile re-establishment of any point or line of the survey. When monument exist which control the location of subdivisions, tract, streets, or highways, or provide survey control, the monuments shall be located and referenced by or under the direction of a licensed land surveyor or registered civil engineer prior to the time when any streets or highways are reconstructed or relocated and a corner record of the references shall be filed with the county surveyor. They shall be reset in the surface of the new construction, a suitable monument box placed thereon, or permanent witness monuments set to perpetuate their location and a corner record filed with the county surveyor prior to the recording of a certificate of completion for the project. Sufficient controlling monuments shall be retained or replaced in their original positions to enable land lines, property corners, and tract boundaries to be re-established without devious surveys necessarily origination on monuments differing from those that currently control the area. It shall be the responsibility of the governmental agency or others performing construction work to provide for the monumentation required by this section. It shall be the duty of every land surveyor or civil engineer to cooperate with the governmental agency in matters of maps, field notes, and other pertinent records. Monuments set to mark the limiting lin es of highways, roads, or streets shall not be deemed adequate for this purpose unless specifically noted on the records of the improvement work with direct ties in bearing or azimuth and distance between these and other monuments of record. General Requirements 88. Applicant shall submit improvement plans prepared by a registered civil engineer, if necessary, to the Public Works Department and pay appropriate fees in accordance with the County Ordinance and these conditions of approval. The below conditions of approval are subject to the review and approval of the Public Works Department. Access to Adjoining Property 89. Applicant shall not impede or impair vehicle, bicycles of pedestrian access to or within the rights-of-way of Danville Boulevard. 90. For construction activities if necessary, applicant shall submit a traffic control plan for review and approval of the Public Works Department prior to starting work. The traffic control plan shall include information of the types of, and outrigger support for, boom trucks to determine the roadway clearance necessary during construction. 91. Applicant shall provide verification to the Public Works Department that the building permit has been approved by the Department of Conservation and Development. Proof of Franchise Agreement/Owner of Pole Authorization 92. Applicant shall provide evidence to the Public Works Department, Real Property Division that they are included in the statewide franchise agreement issued by the CPUC (California Public Utilities Commission); or, if unable to do so, the applicant shall enter into a license agreement with the County. 93. Applicant shall provide written evidence to the Public Works Department from the owner of the streetlight/utility pole (PG&E) that they authorize the cell site improvements on existing streetlight/utility pole. ADVISORY NOTES PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL, BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL. ADVISORY NOTES ARE PROVIDED FOR THE PURPOSE OF INFORMING THE APPLICANT OF ADDITIONAL ORDINANCE AND OTHER LEGAL REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED WITH DEVELOPMENT. A. NOTICE OF 90-DAY OPPORTUNITY TO PROTEST FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS PERTAINING TO THE APPROVAL OF THIS PERMIT. This notice is intended to advise the applicant that pursuant to Government Code Section 66000, et. seq., the applicant has the opportunity to protest fees, dedications, reservations, and/or exactions required as part of this project approval. The opportunity to protest is limited to a ninety-day (90) period after the project is approved. The 90-day period in which you may protest the amount of any fee or imposition of any dedication, reservation, or other exaction required by this approved permit, begins on the date this permit was approved. To be valid, a protest must be in writing pursuant to Government Code Section 66020 and delivered to the CDD within 90-days of the approval date of this permit. B. The applicant shall submit building plans to the Building Inspection Division and comply with Division requirements. It is advisable to check with the Division prior to requesting a building permit or proceeding with the project. C. The applicant is responsible for contacting the Environmental Health Division regarding its requirements and/or obtaining additional permits as it may be required as part of the proposed project. D. The applicant shall comply with the requirements of the Contra Costa Fire Protection District. The applicant is advised that plans submitted for a building permit must receive prior approval and be stamped by the Fire Protection District as applicable. Wireless Access Permit Appeals County Files: #WA17-0008, #WA17-0013, #WA18-0002, #WA18-0003, and #WA18-0004 Contra Costa County Board of Supervisors Tuesday, February 26, 2019 Overview This is a hearing for the appeals of the County Planning Commission’s decisions to deny the appeals and uphold the decisions of the County Zoning Administrator to approve Wireless Facility Access Permits to establish new Verizon Wireless cell sites attached to utility poles in the public right-of-way in the Alamo and Walnut Creek area of unincorporated Contra Costa County. General Plan and Zoning All of the proposed sites are located within the Single-Family Residential –Low Density General Plan Land Use Designation and the R-20 Single- Family Residential Zoning District #WA17-0008 #WA17-0013 #WA18-0002 #WA18-0003 #WA18-0004 Background The County Zoning Administrator (ZA)approved the Wireless Facility Access Permits at public hearings held in October and November 2018. Timely appeals of the ZA’s decisions were received following the approvals. The County Planning Commission approved the Wireless Facility Access Permits at the Planning Commission meetings held on December 12,2018 and January 9,2019. Timely appeals of the County Planning Commission’s decisions were received following the approvals. Summary of Appeal Points #WA17-0008 The County Planning Commission erroneously denied the appeal,based on Verizon Wireless'rebuttal to information the appellant presented about potential sight distance obstruction.Therefore,the Commission did not recognize that the new facility would increase an existing safety risk due to poor visibility at the intersection of Danville Boulevard and Francesca Way. #WA17-0013 Appeal Point #1:There is no need for improved wireless network capacity. Appeal Point #2:CA constitution requires the County to protect residents. Appeal Point #3:FCC regulations constrain local discretion. Appeal Point #4:Aesthetic impacts incommode public use of the right-of-way. Appeal Point #5:Installed facility may not reflect approved plans. Appeal Point #6:Inconsistent with residential zoning district. Appeal Point #7:The facility will be a fire hazard. Appeal Point #8:Liability for negative impacts related to RF exposure. Appeal Point #9:Local government has regulatory authority over utilities #WA17-0013 Continued Appeal Point #10:The project will lower neighboring property values. Appeal Point #11 :Hard wired fiber optics connections would be preferable within residential neighborhoods. Appeal Point #12:The County should require annual recertification of RF emissions originating from the facility. #WA18-0002 Appeal Point #1:The proposed wireless telecommunications facility would aesthetically clash with the "bucolic country lifestyle"of Alamo.(Appeal point is similar to Appeal Point #4 for County File #WA17-0013) Appeal Point #2:The proposed cell site is unnecessary because it would not address current network coverage or capacity needs.(Appeal point is similar to Appeal Point #1 for County File #WA17-0013) Appeal Point #3:The proposed cell site would decrease property values.Lowered property values would negatively affect the local public school system.The County Wireless ordinance gives discretion to deny permits for reasons outside of the issuance requirements.(Appeal point is similar to Appeal Point #10 for County File #WA17-0013) Appeal Point #4:Neither the Federal Telecom Act of 1996 nor Chapter 88-24 (Wireless Telecommunications Facilities)of the County’s Ordinance Code show any prohibition on annual electromagnetic emissions (EME)measurements.The Zoning Administrator is within the County’s legal rights in making annual EME measurements a condition of approval.(Appeal point is similar to Appeal Point #12 for County File #WA17-0013) Appeal Point #5:The proposed antenna is a fire risk.(Appeal point is similar to Appeal Point #7 for County File #WA17- 0013) #WA18-0003 Appeal Point #1:The proposed Verizon Wireless cell site is not the least intrusive design.In addition, pole mounted equipment would make the utility pole unstable and possibly block the drainage ditch in which the pole is located. Appeal Point #2:The proposed wireless telecommunications facility would cause financial loss to homeowners on and adjacent to Meadow Road.(Appeal point is similar to Appeal Point #10 for County File #WA17-0013) Appeal Point #3:There is a lack of need for a new Verizon Wireless facility on or near the Meadow Road/Tice Valley area.(Appeal point is similar to Appeal Point #1 for County File #WA17-0013) Appeal Point #4:The project violates the County Wireless Ordinance because the location and design is not consistent with state and federal requirements to “protect and enhance the public health,safety, and welfare of County residents”. Appeal Point #5:Approval of the proposed project would be a violation of the California Constitution and deprive the appellants of life,liberty,or property without due process of law or deny equal protection under the law.(Appeal point is similar to Appeal Point #2 for County File #WA17-0013) #WA18-0004 Appeal Point #1:Replacing the existing utility pole and adding Verizon Wireless cell site infrastructure would create a fire and falling apparatus hazard.(Appeal point is similar to Appeal Point #7 for County File #WA17-0013) Appeal Point #2:The RF emissions from the proposed cell site would encroach and trespass through adjacent properties. Appeal Point #3:The FCC public health standards cannot be relied upon. Appeal Point #4:No EIR has been conducted. Appeal Point #5:No public health study has been conducted. Appeal Point #6:The ZA failed to limit the permit scope,thus allowing expansion to higher cellular frequencies with minimal oversight.Other carriers may also choose to establish wireless telecommunications facilities on other utility poles. Appeal Point #7:Neighborhood property values will be adversely affected due to visual and aesthetic impacts during construction and failure to comply with design guidelines.The applicant also failed to explore other viable options for the proposed wireless facility.(Appeal point is similar to Appeal Point #10 for County File #WA17-0013) Photo Simulations #WA17-0008 #WA17-0013 #WA18-0002 #WA18-0003 #WA18-0004 Elevations #WA17-0008 Southeast #WA17-0008 Northeast #WA17-0013 West #WA17-0013 South #WA18-0002 Southeast #WA18-0002 Northeast #WA18-0003 North #WA18-0003 North #WA18-0004 Southwest #WA18-0004 Southeast Staff Recommendation Staff recommends that the Board of Supervisors DENY the appeals and UPHOLD the County Planning Commission's decisions to approve Wireless Facility Access Permits. QUESTIONS? RECOMMENDATION(S): 1. OPEN the public hearing on an appeal of a Planning Commission decision to approve a wireless facilities access permit for a Verizon Wireless cell site on a utility pole in the right of way near 1955 Meadow Road, in the Walnut Creek area (Permit No. WA18-0003), RECEIVE testimony, and CLOSE the public hearing. 2. DETERMINE that County File #WA18-0003 is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15303. 3. DIRECT the Department of Conservation and Development to file a CEQA Notice of Exemption with the County Clerk. 4. APPROVE a wireless facilities access permit for a Verizon Wireless cell site on a utility pole in the Danville Boulevard public right of way in Alamo (Permit No. WA18-0003). 5. APPROVE the findings in support of Permit No. WA18-0003. 6. APPROVE the conditions of approval for Permit No. WA18-0003. 7. DENY the appeal of Donald and Anne Goldman. FISCAL IMPACT: The applicant has paid the initial deposit and is responsible for all of the time and material costs associated with processing the application. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes:See Addendum VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Susan Johnson, 925-674-7868 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D. 5 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:February 26, 2019 Contra Costa County Subject:Verizon Wireless Access Permit #WA18-0003 BACKGROUND: This is a hearing for an appeal of the County Planning Commission’s decision to deny an appeal and uphold the decision of the County Zoning Administrator to approve a Wireless Facilities Access Permit to establish a new Verizon Wireless cell site attached to an existing utility pole in the public right-of-way near 1955 Meadow Road in the Walnut Creek area of unincorporated Contra Costa County. Project Description This project is to establish a new Verizon Wireless cell site attached to an existing utility pole in the public right-of-way. This includes adding one 4-foot canister antenna (on top of a 6-foot-tall pole extension) located on top of the pole and ancillary equipment also attached to the pole. Ancillary equipment includes: - two (2) RRUS32 - two (2) diplexers inside two (2) RRU shrouds - one (1) disconnect switch - two (2) power supply units - one (1) fiber demarc box - one (1) power meter After installation of the antenna, the existing pole, which measures 49.6 feet tall, will measure 59.6 feet tall post construction. All pole equipment will be painted to match the existing utility pole. No ground mounted equipment is proposed. Appeal of the County Planning Commission’s Decision On December 21, 2018, Donald and Anne Goldman filed an appeal with the Department of Conservation and Development, Community Development Division, over the decision of the County Planning Commission to deny the appeal and uphold the decision of the County Zoning Administrator to approve the Wireless Facilities Access Permit. The appeal points have been summarized and addressed below: Donald and Anne Goldman, 1972 Meadow Road, Walnut Creek Summary of Appeal Point #1: The proposed Verizon Wireless cell site is intrusive and unaesthetic. The least intrusive design is based on fiber optic cable, not cellular wireless technology. In addition, pole mounted equipment would make the utility pole unstable and possibly block the drainage ditch in which the pole is located. Staff Response: The County is not authorized to regulate the type of technology that a wireless carrier uses; the FCC regulates technology. (New York SMSA, L.P. v. Town of Clarkstown (SDNY 2009) 603 F.Supp. 715, 725; see also 47 C.F.R., § 24.50.) The County’s Wireless Ordinance requires an evaluation of alternative locations for a wireless facility in the public road right of way, but it does not require an evaluation of alternative technology. (See Ord. Code, § 88-24.604(d)(3).) Small cell technology, such as the technology being used here, is less visually intrusive than traditional cell towers (see attached photo simulations). The facility canister antenna and ancillary equipment will be painted to match the existing utility pole, which will help the facility to blend in with its surroundings (this includes the existing utility pole and telephone wires). Equipment shrouds will conceal the pole-mounted equipment. The pole top equipment will result in a 10-foot height increase for the pole, thus complying with Ordinance Code Section 88-24.408(f)(2)(C). Therefore, by placing equipment on an existing utility pole, matching the equipment color to the color of the pole, and providing shrouds to create visual continuity, the proposed wireless telecommunications facility will not substantially change the existing visual character of the area and it will comply with the design requirements of Ordinance Code section 88-24.408 for facilities located in the public right-of-way. The facility is a low-visibility facility because it is located on an existing utility pole. (Ord. Code, § 88-24.204(p)(4).) Therefore, under the County’s Wireless Telecommunication Facilities Ordinance, Ordinance Code chapter 88-24, (“Wireless Ordinance”), and Public Utilities Code section 7901, the facility may be located in the public right of way within a residential zoning district. (See Ord. Code, §§ 88-24.204(n) (defining “high visibility facility”), 88-24.404 (restricting the location of high-visibility facilities)). With regard to the allegations related to utility pole safety, PG&E engineers, in cooperation with Verizon Wireless, determined that the structural capacity of the existing utility pole is sufficient. Therefore, the chosen utility pole does not need to be replaced and can safely withstand the load of the proposed cell site equipment. Compliance with all applicable building and fire codes relating to the installation of the facility's equipment to the existing utility pole will also ensure the safety of the proposed construction. With regard to the allegations related to potential blockage of the drainage ditch, all proposed equipment will be attached to the existing utility pole. No ground-mounted equipment was proposed in this application. In addition, Condition of Approval #76, requires that, "All drainage shall be kept open and the existing drainage pattern maintained." Summary of Appeal Point #2: The proposed wireless telecommunications facility would cause financial loss to homeowners on and adjacent to Meadow Road. Staff Response: Section 88-24.612(b)(4) of the County Wireless Telecommunications Facilities ordinance, Ordinance Code chapter 88-24, (“Wireless Ordinance”) clearly states that a wireless access permit will be issued if all of the requirements in Ordinance Code Section 88-24.612(b)(4)(A) through Section 88-24.612(b)(4)(I) are satisfied. None of these requirements or approval findings require the analysis of the project’s impact on property values in the surrounding area. Therefore, irrespective of the project’s potential impacts on property values in the surrounding area, the County Zoning Administrator and the County Planning Commission approved the proposed Verizon Wireless cell site because all of the requirements in Section 88-24.612(b)(4)(A) through Section 88-24.612(b)(4)(I) were met. Staff is unaware of any conclusive studies that have determined that wireless telecommunications facilities negatively affect property values. Denying an application for reasons outside of the stated requirements would be inconsistent with the current County Wireless Telecommunications Facilities ordinance. The appeal does not include substantial evidence in support of the allegation that the facility will cause a negative impact on the appellant’s property’s value, or on any property’s value. According to the Court of Appeal in Oliver v. AT&T Wireless, “the mere displeasing appearance in size and shape of a neighboring structure [a wireless tower] that is otherwise permitted by law, the only admitted effect of which is an alleged diminution in value of the adjacent property, cannot constitute a nuisance or give rise to an inverse condemnation claim.” (Oliver v. AT&T Wireless (1999) 76 Cal.App.4th 521, 524.) Here, the facility is permitted by law and the applicant has satisfied all requirements of the County’s Wireless Ordinance. Summary of Appeal Point #3: There is a lack of need for a new Verizon Wireless facility on or near the Meadow Road/Tice Valley area. Staff Response: Ordinance Code section 88-24.612 provides that a wireless access permit will be issued if the zoning administrator makes the following findings: ( i) The facility or substantial change will be designed in a manner that complies with the applicable requirements of section 88-24.408. ( ii) The facility or substantial change will not interfere with the use of the County right-of-way, or existing improvements or utilities located on, in, under, or above the right-of-way. (iii)The facility or substantial change will not interfere with any vehicular, bicycle, or pedestrian use of the County right-of-way. (iv)The facility or substantial change will not cause any violation of the accessibility requirements of the Americans with Disabilities Act. The zoning administrator made those findings based on evidence in the record. Appellants argue that Verizon has not established a need for the facility. Verizon is not required to make that showing to obtain a wireless access permit for this facility. Here, Verizon meets all of the requirements under Chapter 88-24 of the Ordinance Code to obtain a wireless access permit to place its wireless facility on an existing PG&E pole within the public right of way. Because Verizon meets the Ordinance Code’s requirements for obtaining a wireless access permit, it is not required to show that the wireless facility is required at this particular location to close a significant gap in coverage or to densify its network. Verizon would only need to make that showing if the County were to deny a permit because Verizon didn’t satisfy the requirements of Chapter 88-24 of the Ordinance Code. (See T-Mobil USA, Inc. v. City of Anacortes (2009) 572 F.3d 987.) Summary of Appeal Point #4: The proposed project is a violation of the Wireless Ordinance because the goal of this ordinance is to establish criteria for the location and design of wireless facilities, consistent with state and federal requirements that “protect and enhance the public health, safety, and welfare of County residents”. Staff Response: The County adopted the Wireless Ordinance to allow for the orderly development of wireless telecommunications facilities within unincorporated areas of Contra Costa County. Although not expressly stated in this appeal, it appears that the “public health and safety concerns” referenced in the appeal relate to radio-frequency (RF) emissions, because that was one of the appellants’ bases for their appeal before the Planning Commission. Federal law completely preempts the County’s ability to regulate the placement, construction, or modification of personal wireless service facilities based on the effects of radio frequency (RF) emissions on health or the environment. (47 U.S.C., § 332(c)(7)(B)(iv); Telespectrum, Inc. v. Public Services Comm. of Kentucky (6th Cir. 2000) 227 F.3d 414, 424); see also AT&T Wireless Services of Southern California, LLC v. City of Carlsbad (C.D. Cal. 2003) 308 F.Supp.2d 1148, 1159.) As long as the facility operates within the RF ranges established by the Federal Communications Commission, the County may not condition or prohibit the establishment or operation of the facility on any basis related to its RF emissions. The Wireless Ordinance includes numerous design requirements specifically for telecommunications facilities located within a public right-of-way. Design guidelines for such facilities ensure that they do not impede vehicular circulation, pedestrian circulation, or parking within the right-of-way. This section of the Wireless Ordinance also specifies that all improvements within the right-of-way must be designed and located in a manner that does not violate accessibility requirements of the Americans with Disabilities Act (ADA). Finally, provisions specific to facilities within the right-of-way prohibit advertising, illumination, or the blockage of illumination from streetlight poles. The proposed Verizon wireless facility is consistent with all of the aforementioned design guidelines. Additional safety and security standards applicable to all wireless telecommunications facilities require equipment enclosures to be locked at all times, limit lighting on any antenna or antenna support structure, and include physical measures designed to prevent climbing by unauthorized persons. The project is consistent with these safety and security measures. Furthermore, approval of an encroachment permit is required to ensure that the construction of the approved facility proceeds in a safe manner. The Contra Costa County Public Works Department has reviewed the project, including a traffic control plan that would safely guide pedestrian, bicycle, and vehicular traffic in, around, and by construction and installation work. The Public Works Department has also provided comments and conditions of approval specific to the Encroachment Permit portion of this project. Compliance with all Encroachment Permit conditions ensures that the construction of the project does not pose a significant risk to travelers within the right-of-way. No evidence in the record demonstrates that the County Zoning Administrator’s approval or the County Planning Commission’s approval fails to protect the health, safety or welfare of County residents. Improvements to the reliability of wireless telecommunications infrastructure in the County is generally beneficial to residents, first responders and commuters in the vicinity. The project’s conformance to design criteria within the Wireless Ordinance, and compliance with all conditions of approval, ensure the facility is consistent with the stated goal to protect the health, safety, and welfare of County residents. Summary of Appeal Point #5: Approval of the proposed project would be a violation of the California Constitution and deprive the appellants of “life, liberty, or property without due process of law or denied equal protection of the laws” because such approval will result in “significant losses to homeowners.” Staff Response: According to the Court of Appeal in Oliver v. AT&T Wireless, “the mere displeasing appearance in size and shape of a neighboring structure [a wireless tower] that is otherwise permitted by law, the only admitted effect of which is an alleged diminution in value of the adjacent property, cannot constitute a nuisance or give rise to an inverse condemnation claim.” (Oliver v. AT&T Wireless (1999) 76 Cal.App.4th 521, 524.) Here, the facility is permitted by law and the applicant has satisfied all requirements of the County’s Wireless Ordinance. Project History Verizon Wireless c/o On Air, LLC, submitted County File #WA18-0003 on April 17, 2018. During the noticing period for this application, eight (8) requests for a public hearing were received, becoming the impetus for the October 1, 2018 Contra Costa County Zoning Administrator Meeting. After taking testimony on the project at the October 1, 2018 County Zoning Administrator Meeting, the Zoning Administrator closed the public hearing and continued it to October 15, 2018, in order to consider all of the testimony presented prior to making a decision. The Zoning Administrator approved the Wireless Access Permit at the public hearing held on October 15, 2018 with the following added Condition of Approval, “Within 15 days of the antenna being installed, Verizon shall take RF power density measurements with the antenna operating to verify the level reported in the Hammett and Edison report and to ensure that the FCC public exposure level is not exceeded in any publicly accessible area. This measurement shall be taken again on an annual basis or if any equipment is replaced. Verification of these measurements shall be submitted to CDD for review and approval”. On October 24, 2018, Donald and Anne Goldman, and Eric and Kimberly Crowe, appealed the County Zoning Administrator’s decision, prior to the appeal deadline, thus becoming the impetus of the November 28, 2018 County Planning Commission Meeting. On October 25, 2018, Verizon Wireless c/o November 28, 2018 County Planning Commission Meeting. On October 25, 2018, Verizon Wireless c/o On Air, LLC also appealed the County Zoning Administrator’s decision prior to the appeal deadline. County File #WA18-0003 was not heard at the November 28, 2018 County Planning Commission Meeting due to time constraints. Therefore, the project was continued to the next available meeting date. At the December 12, 2018 County Planning Commission Meeting, the Commission made a motion to uphold the County Zoning Administrator’s decision and deny the appeal. The motion was passed by the Commission with a 5-1 vote. This approval included a modification to the Condition of Approval added by the Zoning Administrator at the October 15, 2018 Zoning Administrator meeting: “Within 15 days of the antenna being installed, Verizon shall take RF power density measurements with the antenna operating to verify the level reported in the Hammett and Edison report and to ensure that the FCC public exposure level is not exceeded in any publicly accessible area. This measurement shall be taken again if any equipment is replaced or added. Verification of these measurements shall be submitted to CDD for review and to confirm that the requirements of the Ordinance Code have been met.” On December 21, 2018, Donald and Anne Goldman appealed the County Planning Commission’s decision, prior to the appeal deadline. Conclusion The appeal is similar to the testimony offered to the County Zoning Administrator and County Planning Commission and does not provide support for overturning the County Planning Commission’s decision. The proposed Verizon cell site complies with the County Wireless Telecommunications Facilities Ordinance and would not conflict with the Single-Family Residential, Low-Density (SL) General Plan land use designation or the Single-Family Residential R-20 Zoning District. The proposed project is also consistent with State and Federal regulations governing cellular telecommunications, and installation, within a public right-of-way. Additionally, staff has determined that the project, as conditioned, is the least obtrusive design. Therefore, staff recommends that the Board of Supervisors deny the appeal and sustain the County Planning Commission’s approval of County File #WA18-0003, based on the attached findings and subject to the attached conditions of approval. CONSEQUENCE OF NEGATIVE ACTION: If the Board of Supervisors grants the appeal, the County Planning Commission’s decision to uphold the County Zoning Administrator’s approval of the proposed Verizon Wireless cell site, attached to an existing utility pole in the public right-of-way, will be overturned. The applicant, Verizon Wireless, would be unable to move forward with the project as proposed. CLERK'S ADDENDUM Speakers; Matt Lewis; Cathy Wojan; Joia Boos; Cathy Wojan;  Gina; Art Scimia, Meadow Lane Improvement Association;   David Baer; Lisa Snortum-Phelps; Ruth Strong; Kraj Khararjan; Linda Uhrenholt; Roger Smith; Anne Goldman; Alex Krueger; Megan Maddern; Melanie Volk; Kimberly Crowe; Shannon Erickson; Nadine Whisnant; Jill Sanchez. Written commentary was received from (attached): Jami Tucker, Christine Scimia, Rob Harrison, Scott Maddern, Erin Lewis, Blessings Robertson-Winn, Elaine Gast, Judy DeYoe, Kirsten Muzinich, Rachel Day, Melanie Volk, no name, Irene Amido, Penelope Kojina, Tanya Krueger, Hayuta Jain, Susanne Frey, Jodee Brydges, Alex & Tanya Krueger,Kate Rudick, Christina Heil, Mandula Rewal, Kimiko Nguyen, Mitch Tunick, Karrie Haneman, Barry Winters, Tarplaijo, Eunice Chan, Christine Brashear, Miriam Winters, Bradley Hillbrandt, Laura Hillebrandt, Elizabeth Yuan, Devon Mitzel, Brett Pels, Woodie Dixon, Edward Volk, Hanh T. Estep, Joe & Paula Buenavistas, Mary Dietler, Lianna Gatto, Melanie Volk, Wendy Ko, Caroline Sherborne & Charles Bouch. CLOSED the public hearing; DETERMINED that County File #WA18-0003 is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15303; DIRECTED the Department of Conservation and Development to file a CEQA Notice of Exemption with the County Clerk; APPROVED a wireless facilities access permit for a Verizon Wireless cell site on a utility pole in the Danville Boulevard public right of way in Alamo (Permit No. WA18-0003); APPROVED the findings in support of Permit No. WA18-0003; APPROVED the conditions of approval for Permit No. WA18-0003 with amendments: (1) within 15 days after facility installation, Verizon must complete radio frequency (RF) testing at the facility, and, at the same time, Verizon must perform RF testing for interested property owners at their properties within a 300 foot radius of the facility, (2) one year after facility installation, Verizon must re-perform RF testing at the facility, and, at the same time, perform RF testing for interested property owners at their properties within a 300 foot radius of the facility, and (3) require that, before a building permit for the proposed facility is issued, Verizon provide the County verification by a California-licensed structural engineer that the existing utility pole will support the facility ; and  DENIED the appeal of Donald and Anne Goldman. AGENDA ATTACHMENTS Maps Project Plans WA18-0003 BOS Appeal Findings and Conditions of Approval Radio Frequency Report PowerPoint Presentation MINUTES ATTACHMENTS Comments- Appellant Goldman Written Public Commentary Response - Verizon Wireless FINDINGS AND CONDITIONS OF APPROVAL – COUNTY FILE #WA18-0003, VERIZON WIRELESS C/O ON AIR, LLC (APPLICANT) / PG&E AND NORTHERN CALIFORNIA JOINT POLE ASSOCIATION (OWNERS) I. FINDINGS A. Growth Management Performance Findings 1. Traffic: The establishment and operation of a telecommunications facility within a public right-of-way is not expected to increase existing traffic levels in the area. The facility is unmanned and employees would only need to visit the facility for occasional maintenance activities. Therefore, the project will not trigger an increase in traffic to the site during A.M. or P.M. commute hours. The construction phase of the project will require work within the right-of-way that can temporarily affect traffic flows within the right-of-way. The Department of Public Works has reviewed the project, including a traffic management plan for the construction phase, and provided comments and recommended conditions of approvals that have been incorporated into this document as encroachment permit COA’s (#27-93). Compliance with all encroachment permit conditions ensures the construction phase of this project can be safely constructed without significantly affecting traffic flows within the public right-of-way. 2. Water: The project does not require water resources and, therefore, will not impact groundwater levels or the frequency in which they are depleted. There will be a negligible amount of impervious surface added to the site. The majority of the facility will remain pervious, thus not affecting the recharge of any aquifers that may exist in the area. 3. Sanitary Sewer: The project will not increase the demand for sanitary sewer service in the area, as the project does not involve an increase in population nor does it require sanitary sewer facilities. 4. Fire Protection: The subject property is located within the service area of the Contra Costa County Fire Protection District. Telecommunications equipment is not typically associated with an increased fire risk. Compliance with applicable Building and Fire Codes relating to the installation of this equipment will ensure the project does not result in an increased fire risk to people or property. 5. Public Protection: The project will not increase the demand for police service facilities as there is nothing included in the proposal that will increase the population in the area. Telecommunication facilities do not typically require police presence. The site will be unmanned and will only require maintenance technicians to visit the site as necessary. Thus, the project will not increase the demand for police service facilities or personnel. 6. Parks and Recreation: The project will not increase the demand for parks or recreation facilities, as the project will not increase the housing stock in the County. 7. Flood Control and Drainage: The project is not located within a Federal Emergency Management Agency-designated special flood hazard zone and includes the construction of a negligible amount of new impervious surface. Therefore, the establishment of this wireless telecommunications facility is not anticipated to affect any flood control improvements or existing drainage patterns in the area. B. Wireless Access Permit Findings- 88-24.612 (b)(4)(A): 1. Required Finding: The facility or substantial change will be designed in a manner that complies with the applicable requirements of Section 88-24.408. Project Finding: The project involves the installation of a 4-foot canister antenna on top of a 6-foot pole extension that would be mounted upon an existing utility pole. Additional accessory equipment necessary for the operation of the site would also be attached to the existing utility pole. The pole top equipment would result in an approximately 10-foot height increase for the pole, thus complying with the County Wireless ordinance, which limits such height increases to a maximum of 10 feet. All pole-mounted equipment would be painted to match the existing pole, thus minimizing the equipment’s effect on the visual quality of the residential neighborhood, as required by ordinance. All pole-mounted equipment will be mounted at a minimum of 7 feet above grade to prevent the disruption of public use of the right of way. Therefore, the design of the project will meet the requirements of Section 88-24.408 for the facilities located in the public right-of- way. 2. Required Finding: The facility or substantial change will not interfere with the use of the public right-of-way, or existing improvements or utilities located on, in, under or above the public right-of-way. Project Finding: Because the antenna and related equipment will be clear of the adjacent roadway and shoulder, the project is not expected to interfere with vehicular travel or parking within the right-of-way. The project will not interfere with curb, gutter, and storm drain improvements existing within the right-of-way. The project includes a wooden pole extension, upon which the antenna will be mounted, to provide separation distance between the existing PG&E power transmission wires and the telecommunications facility as required by the CPUC. Thus, the project will not interfere with existing improvements or utilities located on, in, under, or above the public right-of-way. 3. Required Finding: The facility or substantial change will not interfere with any vehicular, bicycle, or pedestrian use of the public right-of-way. Project Finding: The proposed facility is completely clear of the existing roadway. There are no sidewalks adjacent to the project site. However, if sidewalk improvements are constructed in the future, the pole mounted equipment is located at a sufficient height (7 feet minimum) above ground level as not to interfere with pedestrian use of the right-of-way. The project is not anticipated to affect the use of the right-of-way for vehicles, bicycles, or pedestrians. 4. Required Finding: The facility or substantial change will not cause any violation of the accessibility requirements of the Americans with Disabilities Act. Project Finding: The facility will only be accessed by trained professionals for maintenance purposes. The facility will not interfere with vehicular circulation in the public right-of-way and there is no adjacent sidewalk in this area. The lowest equipment on the existing pole will be 7 feet above ground level which is adequate height to accommodate ADA compliant path of travel below, should sidewalks be installed in the future. Thus, the project will not cause any violation of the accessibility requirements of the Americans with Disabilities Act. C. California Environmental Quality Act (CEQA) Findings The project is exempt from environmental review pursuant to CEQA Guidelines section 15303, which exempts, among other things, the installation of small new equipment and facilities in small structures. This project consists of minor modifications to an existing PG&E utility pole in the public right of way. As described herein, the project includes one 4-foot antenna mounted on top of an existing 49.6-foot-tall utility pole, as well as ancillary equipment mounted on the side of the pole. There is no substantial evidence that the project involves unusual circumstances, including future activities, resulting in, or which might reasonably result in, significant impacts which threaten the environment. None of the exceptions in CEQA Guidelines section 15300.2 apply. II. CONDITIONS OF APPROVAL FOR COUNTY FILE #WA18-0003: Project Approval 1. This Wireless Access Permit approval is granted to allow the establishment of a new Verizon Wireless cell site. The site consists of the following elements attached to an existing utility pole located in the public right-of-way:  One 4-foot pole-top canister antenna;  One 6-foot wooden pole extension;  Two RRUS32 and two diplexers inside two RRU shrouds;  One disconnect switch;  Two power supply units;  One fiber demarc box;  One power meter. 2. The Wireless Access Permit approval described above is granted based on the following information and documentation:  Wireless Access Permit application and supplemental project information submitted to the Department of Conservation and Development, Community Development Division (CDD) on April 17, 2018;  Supplemental project information received on August 15, 2018;  RF Report prepared by the firm of Hammett & Edison, Inc., Consulting Engineers, received on August 15, 2018. Initial Compliance Report Prior to Issuance of a Building Permit 3. Prior to CDD stamp approval of construction plans for the issuance of a building permit, the Applicant shall submit a report addressing compliance with project conditions of approval, for the review and approval of the CDD. The report shall list each condition followed by a description of what the Applicant has provided as evidence of compliance with that condition. Unless otherwise indicated, the Applicant will be required to demonstrate compliance with the conditions of this report prior to issuance of construction permits. The Zoning Administrator may reject the report if it is not comprehensive with respect to applicable requirements for the requested permit. The deposit for review of the Compliance Report is $500.00; the actual fee shall be the cost of time and materials.  Prior to operating the approved telecommunications facility, color photographs showing the as-built condition of the facility shall be submitted for the review and approval of the CDD to verify compliance with these Conditions of Approval. Permit Duration and Permit Review 4. This Wireless Access Permit is granted for a period of ten years and shall be administratively reviewed at five year intervals. The applicant shall initiate the first review by submitting a statement as to the current status of the project to the Zoning Administrator no later than five years following the effective date of the project approval. This review by the Zoning Administrator will be for the purpose of ensuring continued compliance with the conditions of permit approval. Non- compliance with the approved conditions and/or the ordinance code provisions, after written notice thereof, shall be cause for revocations proceedings. For the review of existing commercial wireless communications facilities, submittal shall include photo documentation of existing conditions and equipment for comparison with the applicable approved conditions. The Applicant is encouraged, at the time of each administrative review, to review the design of the telecommunications facility and make voluntary upgrades to the facility for the purpose of improving safety and lessening visual obtrusiveness. A review fee in the amount of $500.00 (subject to time and materials) will be filed through a Compliance Verification application to allow for review of the approved conditions. Party Responsible for Permit Compliance 5. The Permittee (wireless operator) is responsible for keeping the Department of Conservation and Development, Community Development Division (CDD) informed of who is responsible for maintenance of compliance with this permit and how they may be contacted (i.e., mailing and email addresses, and telephone number) at all times. a. Prior to obtaining a building permit, the Permittee shall provide the name of the party (carrier) responsible for permit compliance and their contact information. b. Should the responsible party subsequently change (e.g. faculty is acquired by a new carrier), within 30 days of the change, Permittee shall issue a letter to CDD with the name of the new party who has been assigned permit compliance responsibility and their contact information. Failure to satisfy this condition may result in the commencement of procedures to revoke the permit. Removal of Facility/Site Restoration 6. All structures and equipment associated with the commercial wireless communications facility shall be removed within 60 days of the discontinuance of the use; and the site shall be restored by the Permittee to its original pre- development condition. In addition, the Permittee shall provide the CDD with a notice of intent to vacate the site a minimum of 30 days prior to vacation. Security to Provide for Removal of Equipment 7. Prior to submittal of a building permit for the telecommunications facility the Applicant or Permittee shall provide bond, cash, or other surety, to the satisfaction of the Zoning Administrator, for the removal of the facility in the event that the use is abandoned or the use permit expires, or is revoked, or otherwise terminated. If the Permittee does not remove any obsolete or unused facilities as described above, the financial guarantee shall be used by the County to remove any obsolete or unused facilities and to return the site to its pre-development condition. The financial assurance must be submitted before a permit will be issued. A financial assurance must be irrevocable and not cancelable, except by the County. Each form of financial assurance must remain valid for the duration of the permit and for six months following termination, cancellation, or revocation of the permit. Any unused financial guarantee shall be returned to the Applicant upon termination of the use and removal of the facility or transfer of the lease accompanied by a financial guarantee by the new lessee or owner. The amount of the security shall be based on a cost estimate provided by a contractor or other qualified professional to the satisfaction of the Zoning Administrator. General Provisions 8. A minor alteration to this Wireless Access Permit may be issued if the proposed modification(s) are not considered a substantial modification as stated under federal low (Title 47, Section 1.40001). A minor alteration (or collocation) has a term that is the shorter of the following: A. 10 years; or B. The duration, including any renewal period, of the permit that authorizes the existing facility on which the new facility will be collocated or on which the minor alteration will occur. 9. The conditions contained herein shall be accepted by the Applicant, their agents, lessees, survivors or successors for continuing obligation. 10. At all times the facility shall comply with the applicable rules, regulations, and standards of the FCC and other agencies having jurisdiction, and any other applicable Federal, State, and County laws and regulations. 11. The facility shall be operated in such a manner as not to contribute to ambient RF/EMF emissions in excess of then current FCC adopted RF/EMF emission standards. 12. The equipment shall be maintained in good condition over the term of the permit. This shall include keeping the structures graffiti-free. 13. Antennas, towers, cabinets, and mountings shall not be used for advertising. 14. No lights or beacons may be installed on any antenna or antenna support structure, unless lights or beacons are required by a state or federal agency having jurisdiction over the antenna or antenna support structure, such as the California Public Utilities Commission, Federal Communications Commission, or Federal Aviation Administration, or if lights or beacons are recommended by the County Airport Land Use Commission. 15. The facility, all fences and walls surrounding a facility, and all other fixtures and improvements on the facility site must be repainted as often as necessary to prevent fading, chipping, or weathering of paint. Equipment must be painted to ma tch the utility pole. Exterior Noise 16. Prior to final building inspection, the Applicant shall submit evidence for review and approval of the CDD that the wireless telecommunications facility meets acceptable exterior noise level standards as established in the Noise and Land Use Compatibility Guidelines contained in the Noise Element of the County General Plan. The evidence can either be theoretical calculations for identical equipment or noise monitoring data recorded on the site. Camouflaging 17. All proposed antennas, antenna supports, and conduits shall have a non -reflective finish. Paints with a reflectivity less than 55 percent are required. Color photographs showing the as-built condition shall be submitted for review of the CDD staff to verify compliance with this Condition of Approval within 30 days of completing construction. Frequency Interference 18. The facility may not be operated at a frequency that will interfere with an emergency communication system or 911 system, including any regional emergency communication system. Work Restrictions 19. The applicant shall make a good faith effort to minimize project-related disruptions to adjacent properties, and to uses on the site. This shall be communicated to all project-related contractors. 20. The applicant shall require their contractors and subcontractors to fit all internal combustion engines with mufflers which are in good condition and shall locate stationary noise-generating equipment such as air compressors as far away from existing residences as possible. 21. The site shall be maintained in an orderly fashion. Following the cessation of construction activity, all construction debris shall be removed from the site. 22. Large trucks and heavy equipment are subject to the same restrictions that are imposed on construction activities, except that the hours are limited to 9:00 AM to 4:00 PM. 23. A publicly visible sign shall be posted on the property with the telephone number and person to contact regarding construction-related complaints. This person shall respond and take corrective action with 24 hours. The CDD phone number shall also be visible to ensure compliance with applicable regulations. 24. All construction activities shall be limited to the hours of 8:00 A.M. to 5:00 P.M., Monday through Friday, and are prohibited on state and federal holidays on the calendar dates that these holidays are observed by the state or federal government as listed below: • New Year's Day (State and Federal) • Birthday of Martin Luther King, Jr. (State and Federal) • Washington's Birthday (Federal) • Lincoln's Birthday (State) • President's Day (State and Federal) • Cesar Chavez Day (State) • Memorial Day (State and Federal) • Independence Day (State and Federal) • Labor Day (State and Federal) • Columbus Day (State and Federal) • Veterans Day (State and Federal) • Thanksgiving Day (State and Federal) • Day after Thanksgiving (State) • Christmas Day (State and Federal) For details on the actual date the state and federal holidays occur, please visit the following websites: Federal Holidays: www.federalreserve.gov/aboutthefed/k8.htm California Holidays: www.sos.ca.gov/holidays.htm Application Processing Fees 25. The Wireless Access Permit application was subject to an initial deposit of $4,000.00, which was paid with the application submittal, plus time, and material costs if the application review expenses exceed 100% of the initial deposit. Any additional fee due must be paid prior to issuance of a building permit, or within 60 days of the effective date of this permit, whichever occurs first. The fees include costs through permit issuance and final file preparation. Pursuant to Contra Costa County Board of Supervisors Resolution Number 2016/331, where a fee payment is over 60 days past due, the application shall be charged interest at a rate of 10% from the date of approval. The Applicant may obtain current costs by contacting the project planner. A bill will be mailed to the Applicant shortly after permit issuance in the event that additional fees are due. 26. Within 15 days of the antenna being installed, Verizon shall take RF power density measurements with the antenna operating to verify the level reported in the Hammett and Edison report and to ensure that the FCC public exposure level is not exceeded in any publicly accessible area. This measurement shall be taken again if any equipment is replaced or added. Verification of these measurements shall be submitted to CDD for review and to confirm that the requirements of the Ordinance Code have been met. PUBLIC WORKS SPECIAL ROAD ENCROACHMENT PERMIT CONDITIONS OF APPROVAL FOR PERMIT #WA18-0003 27. Verizon Wireless (permittee) shall comply with the requirements of Title 8, Title 9 and Title 10 of the Ordinance Code, any exception(s) must be stipulated in these Special Road Encroachment Permit Conditions. These Special Road Encroachment Permit Conditions are based upon the site plan a submitted to the Department o f Conservation and Development, Community Development Division on April 18, 2018. 28. This encroachment permit is being issued only for the County owned section of Meadow Road (Road No. 4044A) on Verizon Wireless “SF ALAMO 012 (NEAR) 1955 MEADOW ROAD WALNUT CREEK, CA 94595 PSL#433678” plans dated April 3, 2018. 29. Verizon Wireless shall provide written evidence to the Public Works Department from the owner of the street light/utility pole (PG&E) that they authorize the cell site improvements on the existing street light/utility pole. 30. Verizon Wireless shall provide evidence to the Public Works Department, Real Property Division that they are included in the statewide franchise agreement issued by the CPUC (California Public Utilities Commission); or, if unable to do so, Verizon Wireless shall enter into a license agreement with the County. 31. Verizon Wireless shall notify the United States Postal Service, the emergency services and the proper garbage collection agency to coordinate services to the residents of Meadow Road if the construction operations will disrupt normal services. ADMINISTRATION 31. Scheduling inspection. All work authorized by the permit must be inspected. Permittee shall arrange for an inspection by telephoning Paul Tehaney @ (925) 595-6012 or by email pteha@pw.cccounty.us. If you cannot reach the inspector, contact the construction office at (925) 313-313-2320. 32. Encroachment permit on site. A copy of this encroachment permit shall be available for review on site for the duration of the right-of-way encroachment allowed by this permit. The encroachment permit shall be shown upon request to any police officer or any employee of the County with jurisdictional responsibility over activities in the public right-of-way. If a County employee requests to see a copy of this encroac hment permit and the encroachment permit is not available a Stop Work Order may be issued until a copy of the encroachment permit is available for review on site. 33. Approved plans. All works shall be per the plans reviewed and approved by the County. Any proposed changes to the approved plans must be reviewed and approved by the County. 34. Emergency contact. Permittee shall identify an individual who will be available 24 hours per day with the responsibility and authority to respond to emergencies related to the construction work. Permittee shall report the name and telephone number of the individual to Bob Hendry at the Permit Center prior to the start of work. Mr. Hendry can be reached at (925) 674-7744. No work within the County road right-of-way shall be allowed until the emergency contact is reported to Mr. Hendry. 35. Quality control plan. The Contractor shall be responsible for controlling the quality of material entering the work and the work performed, and shall perform testing to ensure control. Prior to start of work the Contractor shall submit to the construction inspector a Quality Control Plan that must describe the methods and frequency of testing, implementation of corrective actions as necessary, and reporting of test results. 36. Pre-construction meeting. The permittee shall hold a pre-construction meeting with the County’s construction inspector at least one week prior to the start of work. No work within the County road right-of-way shall be allowed until the pre- construction meeting has been held. 37. Damage to utility facilities. If the permittee’s work damages a utility facility while performing the work covered by this encroachment permit the permittee or permittee’s contractor shall contact the construction inspector within two (2) days of damaging the facility. 38. Final inspection. The permittee shall hold a final inspection meeting with the construction division representative of Public Works. All County concerns shall be resolved before the work is accepted as complete. A signed off permit from another permitting agency or utility company does not guarantee acceptance by the County Public Works Department. 39. Staff charges. Permittee is responsible for all staff charges associated with this encroachment permit. The encroachment permit will not be signed off as complete until all the review and inspection charges are paid in full. 40. Indemnification. The permittee agrees to save, indemnify and hold harmless the County of Contra Costa or its representatives from all liabilities imposed by law by reason of injury to or death of any person or persons or damage to property which may arise out of the work covered by this permit and does agree to defend the County in any claim or action asserting such action. Accepting this permit or starting any work hereunder shall constitute acceptance and agreement to all of the conditions and requirements of this permit and the ordinance and specifications authorizing issuance of such permit. 41. Insurance. The permittee or the permittee’s contractor shall furnish an accep table certificate of insurance naming Contra Costa County, its employees, officials and agents as additionally insured. See Attachment 1A for insurance requirements. 42. County standards. All work shall conform to Contra Costa County Standard Plans and Specifications, except as noted, and may be modified by the County’s representative to meet field conditions. 43. Location of facilities. All facilities being installed shall be located in compliance with County Standard Drawing CU60 and in compliance with County Standard Drawing CA10 when located at or near an intersection. 44. ADA compliance. All new facilities shall provide the minimum required ADA clearances (4’ sidewalk width). 45. Weather. Work covered under this encroachment shall not be allowed: a. If it is raining at the beginning of the work day no work shall be started without the approval of the Construction inspector. b. If rain begins during the work day, work covered under this encroachment permit may be suspended at the direction of the Construction inspector. c. Work covered under this encroachment that is suspended due to rain shall be allowed to commence once the work area within the road right -of-way has sufficiently dried and at the direction of the Construction inspector. 46. Working hours. For the purposes of this permit, working hours are defined as follows: 7 A.M. to 5 P.M. Monday through Friday, except legal holidays. TREE PROTECTION 47. Protecting existing trees. Except where otherwise provided by the involved permit’s conditions of approval or approved permit application, on all properties where mature trees are required to be saved during the course of construction, the permittee shall follow the following tree preservation standards. The Permit construction plans shall include these requirements as notes: a. Prior to the start of any clearing, stockpiling, trenching, grading, compaction, paving or change in ground elevation on a site with mature trees to be preserved, the applicant shall install temporary fencing at the dripline or other area determined by an arborist report of all trees adjacent to or in the area to be altered, and provide evidence of same (e.g., photos) to Public Works. Prior to grading or commencement of project improvements, the fences may be inspected and the location thereof approved by appropriate County staff. b. No grading, compaction, stockpiling, trenching, paving or change in ground elevation shall be permitted within the dripline of a mature tree unless indicated on the site/grading plan approved by the County and addressed in any required report prepared by an arborist. If grading or construction is approved within the dripline of a mature tree, an arborist may be required to be present during grading operations. The arborist shall have the authority to require protective measures to protect the tree roots. All arborist expense shall be borne by the permittee unless otherwise provided by the permit conditions. c. The permittee shall not park or store vehicles, equipment, machinery, or construction materials within the dripline of any tree to be saved. d. The permittee shall not dump oils or chemicals within the dripline of any tree to be saved. e. The permittee will replace any mature tree that dies within 2 years of projected- related excavation within its dripline. 48. Notification of tree damage. The permittee shall notify Public Works of any damage that occurs to any mature tree during the construction process. If significant damage to any mature tree not approved for destruction or removal occurs, the permittee shall either: a. Repair any damage as determined by a certified arborist that is designated by the Public Works Director or his/her designee; or b. Replace the damaged tree with a tree or trees of equivalent size and of comparable species, as determined by the Public Works Director or his/her designee to be reasonably appropriate for the particular situation. TRAFFIC 49. Traffic control plan. The permittee shall provide a traffic control plan conforming to the “California Manual on Uniform Traffic Control Devices,” when work will entail a lane closure. The traffic control plan shall include information of the types of, and outrigger support for, boom trucks to determine the roadway clearance necessary during construction. The County’s resident engineer/inspector must review the traffic control plan prior to the start of work. 50. Advanced warning signs. The permittee shall place temporary advance warning signs to alert motorists to construction work ahead whenever trucks or construction equipment are entering or leaving the construction site or when equipment is within the road right of way. 51. Flagging. Traffic shall be under flagging control when any construction operation is occurring in the roadway. 52. Traffic non-working hours. All traffic lanes shall be open to the public during non- working hours. 53. Emergency access. The permittee shall provide emergency access to the job site and to any adjacent private property at all times. 54. Advanced notification. The permittee shall provide a minimum of 48 hours advance notification to property owners whose access will be obstructed by construction operations. The notification shall include the date(s) of construction along the frontage that will obstruct a property owner’s access. 55. Property access. The permittee shall reasonably accommodate a property owner’s requests to cross the work zone to enter or leave their property. In no case shall the permittee block an owner’s access for more than 30 minutes. 56. Traffic impediment. The permittee shall not impede or impair vehicle, bicycles or pedestrian access to or within the right of way of Meadow Road. 57. Temporary pavement delineators. Temporary pavement delineation shall be furnished, placed, maintained and removed where the existing pavement delineation has been removed or damaged by the construction. Temporary pavement delineation shall be removed prior to the placing of the permanent pavement delineation. Temporary raised pavement markers shall be placed at the existing traffic stripe locations at intervals of not more than 24 feet. On double traffic stripes two markers shall be placed side by side, one on each stripe, at longitudinal intervals of not more than 12 feet. At crosswalks and limit lines temporary raised pavement markers shall be placed at the existing crosswalk/limit line locations at intervals of not more than two (2) feet. Prior to opening the lanes to uncontrolled traffic the covers shall be removed from the temporary raised pavement markers. Temporary raised pavement markers shall be reflective and the same color as the permanent stripe and shall be of the following or equal: Reflective Temporary Raised Pavement Marker (Types Y and W), manufactured by Davidson Plastics Company (DAPCO), 18726 East Valley Highway, Kent, WA 98032, Telephone (206) 251-8140. MV Plastics Chip Seal Marker (1280/1281 Series with Reflexite Polycarbonate, PC 1000, reflector unit), manufactured by MV Plastics, Inc., 533 West Collins Avenue, Orange, CA 92667, Telephone (714) 532-1522. The markers shall be placed in accordance with the manufacturer’s installation procedure instructions. 58. Pedestrians. The permittee shall provide safe pedestrian and bicycle access through the project site at all times. TRENCHING 58. Underground Service Alert (USA). USA must be contacted prior to excavating in a County road right of way. Telephone 811. Any work found in progress with a valid USA number will be shut down and the roadway cleared. All USA and/or temporary survey pavement markings shall be removed by the permittee at the completion of work to the satisfaction of the County Public Works Construction inspector. 59. Trench detail. Trench excavation and backfill requirements shall follow County Standard Plan, “Utility Trench Cut Detail,” drawing # CU01. 60. Installing facilities under sidewalk. Hand digging or tunneling under the curb/gutter and sidewalk shall not be allowed. The sidewalk, curb and gutter shall be removed as needed for the facility installation, and then replaced according to County standards. 61. Existing pavement striping. All existing pavement striping, markings and markers damaged or disturbed shall be replaced in kind. 62. Crack sealing. Where the asphalt pavement has been cut by the permittee in anticipation of trenching and no trenching is performed (over extended saw cut beyond the limits of the trench excavation, abandoning the project, etc.), the applicant shall seal the cut in the asphalt pavement with Crafco, rubberized asphalt Type II crack sealing material (or approved equal) according to the manufacture’s specifications. 63. Pavement. Temporary paving (or permanent pavement) shall be placed at the end of each workday. Until the final paving is in place, the temporary paving shall be maintained as needed and provide a smooth riding surface (level with the surrounding road surface). If the permittee fails to maintain the temporary paving County forces may address any needed maintenance to the temporary paving/trench cut and the permittee will be charged the cost plus appropriate overhead charges. Temporary pavement shall be 1.5-inches minimum thickness of ½-inch, Type A hot mix asphalt (HMA) and shall be replaced as specified in Item 7 of this section with permanent pavement. If permanent paving is not completed as specified, County forces may pave it and the permittee will be charged the cost plus appropriate overhead charges. 64. Hot mix asphalt special conditions. Section 39 (revised October 16, 2014) County Standard Plans. SECTION 39 HOT MIX ASPHALT SPECIFICATIONS 39 GENERAL The work included in this section shall be performed as shown on the Plans and in accordance with the requirements of Section 39, "Hot Mix Asphalt" of the State of California Standard Specifications (including amendments) and these Standard Specifications. 39-1.0 MATERIALS 39-1.01 ASPHALT The amount of asphalt binder to be mixed with the aggregate for hot mix asphalt (HMA) for paving shall be determined in conformance with the requirements in California Test 367. The Contractor shall submit asphalt concrete mix designs sufficiently in advance of manufacturing to allow for County review and approval. The County may direct the amount of asphalt binder to be mixed with the aggregate. In the event that an increase or decrease is ordered, the unit price of asphalt concrete items stated in the Contractor's proposal shall be considered valid to cover any cost relating to the addition or reduction of liquid asphalt quantity and no adjustment in compensation will be made therefor. Asphalt binder to be mixed with aggregate shall be a steam-refined paving asphalt in conformance with the provisions in Section 92, "Asphalts", of the State Standard Specifications. PG 64-10 asphalt binder shall be used for all applications. 39-1.02 AGGREGATE Aggregate for the Hot Mix Asphalt shall be either ½-inch HMA Type A or B, as designated by the County. 39-1.04 HOT MIX ASPHALT Hot Mix Asphalt stored in excess of 15 hours shall not be used in the work. Hot Mix Asphalt placed in the top layer of the surfacing shall be obtained from only one asphalt plant. 39-2.0 PLACEMENT Asphalt concrete shall be spread and compacted as shown on the plans. All layers shall be spread with a self-propelled paving machine. Motor graders or loaders with special paving attachments will not be considered a self-propelled paving machine. Asphalt concrete shall be compacted and finished in conformance with said Section 39, amended as follows: Compacting Equipment: The Contractor shall furnish a sufficient number of rollers to obtain the specified compaction and surface finish required by these specifications. All rollers shall be equipped with pads and water systems that prevent sticking of asphalt mixtures to the pneumatic or steel-tired wheels. A parting agent, which will not damage the asphalt mixture, as determined by the County, may be used to aid in preventing the sticking of the mixture to the wheels. Asphalt concrete shall be compacted by any means to obtain the specified relative compaction before the temperature of the mixture drops below 150°F. Additional rolling to achieve the specified relative compaction will not be permitted aft er the temperature of the mixture drops below 150°F or once the pavement is opened to public traffic. When vibratory rollers are used as finish rollers, the vibratory unit shall be turned off. Section 39-2 “STANDARD CONSTRUCTION PROCESS,” of the State Standard Specifications is replaced as follows: The mix design submitted for the job should include Stabilometer testing in accordance with California Test 366. The testing shall represent a sample of the submitted mix design performed within the previous 12 months of the mix design submittal date. Sampling and testing shall be performed by qualified representatives of a third-party testing agency employed by the Developer. A sample of Hot Mix Asphalt shall be collected in the field for every 750 tons of material placed, or portion thereof, and a sample of aggregate shall be collected from the mix plant on the first day of paving. A minimum of one sample of Hot Mix Asphalt should be collected per day of paving, regardless of amount of Hot Mix Asphalt placed. Hot Mix Asphalt shall be compacted to a relative compaction of not less than ninety- two and not more than ninety-seven percent and shall be finished to the lines, grades and cross section shown on the Plans. In-place density of Hot Mix Asphalt will be determined prior to opening the pavement to public traffic. Relative compaction will be determined by California Test 375. Maximum theoretical density will be determined in conformance with California Test 309. If the test results for a quantity of Hot Mix Asphalt indicate that the relative compaction is below ninety-two percent or greater than ninety-seven percent, the Contractor will need to adjust his/her materials or his/her procedures, or both. Hot Mix Asphalt spreading operations shall not continue until the Contractor has notified the County of the adjustment that will be made in order to meet the required compaction. Mitigation for lots of out of specification Hot Mix Asphalt compaction will be as follows: COMPACTION Level* Mitigation Less than 88 percent Rejection 88 to 90 percent HMA Overlay with reinforcing layer such as GlasGrid or equivalent 90 to 92 percent Slurry Seal Greater than 97 percent Slurry Seal * Obtained by California Test 309. If the test results for any quantity of asphalt concrete indicate that the relative compaction is less than eighty-eight percent, the asphalt concrete represented by that lot shall be removed. Hot Mix Asphalt spreading operations shall not continue until the Contractor makes significant adjustments to his/her materials or procedures or both in order to meet the required compaction. The adjustments shall be agreed to by the County. Testing of the plant sampled aggregate shall include Aggregate Gradation (p er California Test 202) and Aggregate Sand Equivalent (per California Test 217). If testing indicates that the gradation falls outside the tolerance range for any sieve size, production shall stop and paving may not continue until testing demonstrates that the issue has been resolved. Likewise, if the Sand Equivalent falls below 47 or 42 for Type A or Type B Hot Mix Asphalt, respectively, paving shall be halted until subsequent testing indicates that the aggregate used is in conformance. Paving that was performed between startup and halting paving operations for out -of- specification aggregate shall be subject to a slurry seal, at the County’s discretion. Additional testing of Hot Mix Asphalt shall include Asphalt Binder Content per California per (California Test 379 or 382). Following paving operations, the pavement shall be cored to verify Hot Mix Asphalt thickness. The following tables describe required results of these tests and mitigation necessary for not meeting specification. BINDER CONTENT Percent* Mitigation Less than 5.4 percent Slurry Seal *Obtained by California Test 379 or 382. PAVEMENT THICKNESS Thickness less than plan Mitigation ¼ inch Slurry Seal ½ inch Overlay *Obtained by California Test 375. Alternative methods to the mitigation listed above proposed by the Developer should be provided to the County in writing for review and should be approved prior to implementation. The Contractor shall not perform paving operations when the weather is rainy or foggy. It shall be the Contractor's responsibility, based on weather predictions, to schedule his/her paving operations to avoid paving in the rain or fog. Hot Mix Asphalt shall not be placed on any surface that contains ponded water or excessive moisture in the opinion of the County. If paving operations are in progress and rain or fog forces a shutdown, loaded trucks in transit shall return to the plant. The Contractor shall furnish and use canvas tarpaulins to cover all loads of asphalt concrete from the time that the mixture is loaded until it is discharged from the delivery vehicle. Batch data and load slips shall be presented to the County as asphalt is delivered to the project site to allow verification of location and use. Failure to do so may result in required removal of questionable quantities. Handwork, raking, and repetitive handling of any asphalt concrete shall be minimized. The broadcasting of any loose or excess asphalt concrete material onto the rolled mat is prohibited. Any Hot Mix Asphalt material that has fallen onto the adjacent roadway surface shall either be raked against the edge of the mat or removed from the site. Failure to comply with this requirement may result in the rejection of the finished paving by the County. Sections 39-3, 39-4, 39-5, and 39-6 of the State Standard Specifications do not apply to this work. In the event of a dispute between testing performed by the Developer’s representative and any testing performed on behalf of the County, the County’s results will prevail. 65. Protecting open excavations. An excavation that remains unfilled after working hours shall be covered with steel plates or protected with other protective barriers adequate to prevent entry by pedestrians and vehicles. 66. Trench plates. When multiple steel plates, used to temporarily cover the working end of a trench or pit, are subject to traffic loading, the plates shall be tack welded together so that they act as a unit. Asphalt concrete shall be placed to provide a smooth transition from the pavement to plate surfaces. The transition shall be at a 12(hor): 1(ver) slope (maximum). 67. Trench plate surface. The exposed surface of trench plates shall be roughened to provide traction equivalent to the adjacent road surface. 68. Time limit on trench plates. The use of trench plates shall be limited to five (5) working days at the site. 69. Expiration date. The County has provided the permittee with an encroachment permit expiration date of that provides the permittee with flexibility for contracting the project and/or scheduling of the work. The County wants to minimize the time that our pavement is disturbed (time from initial pavement excavation to final trench paving). Therefore, the County is requiring that all work described in this permit, including finish paving, be completed within 20 working days from the day that the pavement is excavated. 70. Clean Water/NPDES. Comply with the County’s clean water requirements during all construction activities. Use Best Management Practices to comply with the County’s NPDES ordinances and permits. 71. Air Quality. Comply with Bay Area Air Quality Management District, Federal Clean Air Act and State of California Air Quality Standards. 72. Trench location. All trenching shall be performed outside the road pavement. EXISTING FACILITIES 73. Use of sidewalks. No vehicles or equipment shall be parked on or driven on the sidewalks. 74. Existing facilities. All signs, pavement stripes and markings, delineators, fences, ditch linings, drainage structure and pipes, AC dikes, and other improvements damaged or disturbed by construction shall be replaced in kind. 75. Damage to County facilities. If any County facility is damaged the permittee or the permittee’s contactor shall contact the construction inspector with in two (2) hours of the facility being damaged. 76. Drainage. All drainage shall be kept open and the existing drainage pattern maintained. 77. Exiting curb, gutters and sidewalks. Portland Cement concrete sidewalks, curbs, gutter and other pavements damaged or disturbed by construction shall be removed to the nearest expansion or weakened plane joint and replaced to match adjacent concrete improvements in conformance with County Standard Plans and Specifications. 78. Landscaping. Any landscaping displaced or damage during the construction shall be replaced in kind. 79. Pedestrians. The permittee shall provide for redirecting pedestrians around the construction area when the permittee’s work prevents public access or creates unsafe conditions along the sidewalks. HOUSEKEEPING 80. Encroachment permit on site. A copy of this encroachment permit shall be available for review on site for the duration of the right-of-way encroachment allowed by this permit, and shall be shown upon request to any police officer or any employee of the County with jurisdictional responsibility over activities in the public right-of-way. 81. Use of right of way. No equipment, and /or stockpiles or other materials shall be left overnight in the road right-of-way. 82. Cleaning right of way. The permittee shall assure that the traveled way available to the public remains free of dirt, rock, debris, and construction materials at all times. At the end of each workday, or at the direction of the inspector, the traveled way and paved shoulders shall be swept clean, and if necessary washed clean, to remove dirt, rock and debris. If washing is performed, the permittee shall provide all necessary controls to prevent sediment from entering drainage inlets and creeks. 83. Non-working hours. With the exception of emergency work, no construction activities (including idling of equipment) shall take place during non-working hours. 84. Private property. Construction within the right-of-way does not allow for use of private property as a laydown area for construction-related equipment and supplies. SHOULDERS 85. Reconstructing shoulders. All disturbed shoulder areas shall be reconstructed to restore the cross slopes and longitudinal drainage that existed prior to the project by placing shoulder backing material conforming to the following specification over a compacted and smoothly graded subgrade: SHOULDER BACKING The material for shoulder backing shall be imported material conforming to the following grading and quality requirements: GRADING REQUIREMENTS Sieve Sizes Percentage Passing 2 inch 100 1 inch 75 – 100 No. 4 35 – 80 No. 30 15 – 55 No. 200 5 - 25 QUALITY REQUIREMENTS Specification Test Requirement Sand Equivalent CA 217 10 min. Resistance (R-Value) CA 301 40 min. Plasticity Index CA 204 8 min. The areas where shoulder backing is to be constructed shall be cleared of all weeds, grass and debris. Removed weeds, grass and debris shall be disposed of outside of the road right-of-way in accordance with Caltrans Specifications Section 7-3.13 86. Shoulder backing. A minimum thickness of 4-inches of shoulder backing shall be placed over disturbed shoulder areas but in no case shall the width of the shoulder backing be less than 3-feet unless otherwise approved in writing by the County inspector. Compaction shall conform to Caltrans Specification 19-5.03 (95% relative lab. max.) SIGNALS 87. Traffic signals. At signalized intersections, caution should be taken to avoid damaging detector loops, conduit and conductors. If damage occurs, the following action shall be taken: a. Immediately contact Contra Costa County General Services signal shop at (925) 313-7052 to report the damage. b. Temporary emergency repairs of damaged conduit and conductors may be made by the County at the permittee’s expense to be charged against the permittee’s cash bond. c. A qualified electrical contractor specializing in traffic signal wo rk shall do permanent repair work to conduits and conductors. The work shall be finished within 14 calendar days from the time damage occurs. If the work is not finished within the 14 calendar days, the County reserves the right to have the work done and bill the permittee for the costs. Preserving Survey Monumentation Assembly Bill 1414 became effective January 1, 1995. Part of this legislation provides for the preservation of Survey Monuments for construction projects. This legislation mandates that prior to construction survey monuments are to be referenced in the field and “Corner Records” are filed with the County Surveyor. After construction, monuments are to be reset and “Corner Records” filed with the County Surveyor. These must be completed prior to project completion certification. It is our interpretation that preservation of survey monuments is required for any activity that disturbs existing monuments not just “road work.” Therefore: All survey monuments shall be preserved, referenced and/or replaced pursuant to Section 8771 of the Business and Professions Codes. SECTION 1. Section 8771 of the Business and Professions Code is amended to read: 8771. Monuments set shall be sufficient in number and durability and efficiently placed so as not to be readily disturbed, to assure, together with monuments already existing, the perpetuation or facile re-establishment of any point or line of the survey. When monument exist which control the location of subdivisions, tract, streets, or highways, or provide survey control, the monuments shall be located and referenced by or under the direction of a licensed land surveyor or registered civil engineer prior to the time when any streets or highways are reconstructed or relocated and a corner record of the references shall be filed with the county surveyor. They shall be reset in the surface of the new construction, a suitable monument box placed thereon, or permanent witness monuments set to perpetuate their location and a corner record filed with the county surveyor prior to the recording of a certificate of completion for the project. Sufficient controlling monuments shall be retained or replaced in their original positions to enable land lines, property corners, and tract boundaries to be re-established without devious surveys necessarily origination on monuments differing from those that currently control the area. It shall be the responsibility of the governmental agency or others performing construction work to provide for the monumentation required by this section. It shall be the duty of every land surveyor or civil engineer to cooperate with the governmental agency in matters of maps, field notes, and other pertinent records. Monuments set to mark the limiting lines of highways, roads, or streets shall not be deemed adequate for this purpose unless specifically noted on the records of the improvement work with direct ties in bearing or azimuth and distance between these and other monuments of record. General Requirements 88. Applicant shall submit improvement plans prepared by a registered civil engineer, if necessary, to the Public Works Department and pay appropriate fees in accordance with the County Ordinance and these conditions of approval. The below conditions of approval are subject to the review and approval of the Public Works Department. Access to Adjoining Property 89. Applicant shall not impede or impair vehicle, bicycles of pedestrian access to or within the rights-of-way of Meadow Road. 90. For construction activities if necessary, applicant shall submit a traffic control plan for review and approval of the Public Works Department prior to starting work. The traffic control plan shall include information of the types of, and outrigger support for, boom trucks to determine the roadway clearance necessary during construction. 91. Applicant shall provide verification to the Public Works Department that the building permit has been approved by the Department of Conservation and Development. Proof of Franchise Agreement/Owner of Pole Authorization 92. Applicant shall provide evidence to the Public Works Department, Real Property Division that they are included in the statewide franchise agreement issued by the CPUC (California Public Utilities Commission); or, if unable to do so, the applicant shall enter into a license agreement with the County. 93. Applicant shall provide written evidence to the Public Works Department from the owner of the streetlight/utility pole (PG&E) that they authorize the cell site improvements on existing streetlight/utility pole. ADVISORY NOTES PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL, BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL. ADVISORY NOTES ARE PROVIDED FOR THE PURPOSE OF INFORMING THE APPLICANT OF ADDITIONAL ORDINANCE AND OTHER LEGAL REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED WITH DEVELOPMENT. A. NOTICE OF 90-DAY OPPORTUNITY TO PROTEST FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS PERTAINING TO THE APPROVAL OF THIS PERMIT. This notice is intended to advise the applicant that pursuant to Government Code Section 66000, et. seq., the applicant has the opportunity to protest fees, dedications, reservations, and/or exactions required as part of this project approval. The opportunity to protest is limited to a ninety-day (90) period after the project is approved. The 90-day period in which you may protest the amount of any fee or imposition of any dedication, reservation, or other exaction required by this approved permit, begins on the date this permit was approved. To be valid, a protest must be in writing pursuant to Government Code Section 66020 and delivered to the CDD within 90-days of the approval date of this permit. B. The applicant shall submit building plans to the Building Inspection Division and comply with Division requirements. It is advisable to check with the Division prior to requesting a building permit or proceeding with the project. C. The applicant is responsible for contacting the Environmental Health Division regarding its requirements and/or obtaining additional permits as it may be required as part of the proposed project. D. The applicant shall comply with the requirements of the Contra Costa Fire Protection District. The applicant is advised that plans submitted for a building permit must receive prior approval and be stamped by the Fire Protection District as applicable. Wireless Access Permit Appeals County Files: #WA17-0008, #WA17-0013, #WA18-0002, #WA18-0003, and #WA18-0004 Contra Costa County Board of Supervisors Tuesday, February 26, 2019 Overview This is a hearing for the appeals of the County Planning Commission’s decisions to deny the appeals and uphold the decisions of the County Zoning Administrator to approve Wireless Facility Access Permits to establish new Verizon Wireless cell sites attached to utility poles in the public right-of-way in the Alamo and Walnut Creek area of unincorporated Contra Costa County. General Plan and Zoning All of the proposed sites are located within the Single-Family Residential –Low Density General Plan Land Use Designation and the R-20 Single- Family Residential Zoning District #WA17-0008 #WA17-0013 #WA18-0002 #WA18-0003 #WA18-0004 Background The County Zoning Administrator (ZA)approved the Wireless Facility Access Permits at public hearings held in October and November 2018. Timely appeals of the ZA’s decisions were received following the approvals. The County Planning Commission approved the Wireless Facility Access Permits at the Planning Commission meetings held on December 12,2018 and January 9,2019. Timely appeals of the County Planning Commission’s decisions were received following the approvals. Summary of Appeal Points #WA17-0008 The County Planning Commission erroneously denied the appeal,based on Verizon Wireless'rebuttal to information the appellant presented about potential sight distance obstruction.Therefore,the Commission did not recognize that the new facility would increase an existing safety risk due to poor visibility at the intersection of Danville Boulevard and Francesca Way. #WA17-0013 Appeal Point #1:There is no need for improved wireless network capacity. Appeal Point #2:CA constitution requires the County to protect residents. Appeal Point #3:FCC regulations constrain local discretion. Appeal Point #4:Aesthetic impacts incommode public use of the right-of-way. Appeal Point #5:Installed facility may not reflect approved plans. Appeal Point #6:Inconsistent with residential zoning district. Appeal Point #7:The facility will be a fire hazard. Appeal Point #8:Liability for negative impacts related to RF exposure. Appeal Point #9:Local government has regulatory authority over utilities #WA17-0013 Continued Appeal Point #10:The project will lower neighboring property values. Appeal Point #11 :Hard wired fiber optics connections would be preferable within residential neighborhoods. Appeal Point #12:The County should require annual recertification of RF emissions originating from the facility. #WA18-0002 Appeal Point #1:The proposed wireless telecommunications facility would aesthetically clash with the "bucolic country lifestyle"of Alamo.(Appeal point is similar to Appeal Point #4 for County File #WA17-0013) Appeal Point #2:The proposed cell site is unnecessary because it would not address current network coverage or capacity needs.(Appeal point is similar to Appeal Point #1 for County File #WA17-0013) Appeal Point #3:The proposed cell site would decrease property values.Lowered property values would negatively affect the local public school system.The County Wireless ordinance gives discretion to deny permits for reasons outside of the issuance requirements.(Appeal point is similar to Appeal Point #10 for County File #WA17-0013) Appeal Point #4:Neither the Federal Telecom Act of 1996 nor Chapter 88-24 (Wireless Telecommunications Facilities)of the County’s Ordinance Code show any prohibition on annual electromagnetic emissions (EME)measurements.The Zoning Administrator is within the County’s legal rights in making annual EME measurements a condition of approval.(Appeal point is similar to Appeal Point #12 for County File #WA17-0013) Appeal Point #5:The proposed antenna is a fire risk.(Appeal point is similar to Appeal Point #7 for County File #WA17- 0013) #WA18-0003 Appeal Point #1:The proposed Verizon Wireless cell site is not the least intrusive design.In addition, pole mounted equipment would make the utility pole unstable and possibly block the drainage ditch in which the pole is located. Appeal Point #2:The proposed wireless telecommunications facility would cause financial loss to homeowners on and adjacent to Meadow Road.(Appeal point is similar to Appeal Point #10 for County File #WA17-0013) Appeal Point #3:There is a lack of need for a new Verizon Wireless facility on or near the Meadow Road/Tice Valley area.(Appeal point is similar to Appeal Point #1 for County File #WA17-0013) Appeal Point #4:The project violates the County Wireless Ordinance because the location and design is not consistent with state and federal requirements to “protect and enhance the public health,safety, and welfare of County residents”. Appeal Point #5:Approval of the proposed project would be a violation of the California Constitution and deprive the appellants of life,liberty,or property without due process of law or deny equal protection under the law.(Appeal point is similar to Appeal Point #2 for County File #WA17-0013) #WA18-0004 Appeal Point #1:Replacing the existing utility pole and adding Verizon Wireless cell site infrastructure would create a fire and falling apparatus hazard.(Appeal point is similar to Appeal Point #7 for County File #WA17-0013) Appeal Point #2:The RF emissions from the proposed cell site would encroach and trespass through adjacent properties. Appeal Point #3:The FCC public health standards cannot be relied upon. Appeal Point #4:No EIR has been conducted. Appeal Point #5:No public health study has been conducted. Appeal Point #6:The ZA failed to limit the permit scope,thus allowing expansion to higher cellular frequencies with minimal oversight.Other carriers may also choose to establish wireless telecommunications facilities on other utility poles. Appeal Point #7:Neighborhood property values will be adversely affected due to visual and aesthetic impacts during construction and failure to comply with design guidelines.The applicant also failed to explore other viable options for the proposed wireless facility.(Appeal point is similar to Appeal Point #10 for County File #WA17-0013) Photo Simulations #WA17-0008 #WA17-0013 #WA18-0002 #WA18-0003 #WA18-0004 Elevations #WA17-0008 Southeast #WA17-0008 Northeast #WA17-0013 West #WA17-0013 South #WA18-0002 Southeast #WA18-0002 Northeast #WA18-0003 North #WA18-0003 North #WA18-0004 Southwest #WA18-0004 Southeast Staff Recommendation Staff recommends that the Board of Supervisors DENY the appeals and UPHOLD the County Planning Commission's decisions to approve Wireless Facility Access Permits. QUESTIONS? RECOMMENDATION(S): 1. OPEN the public hearing on an appeal of a Planning Commission decision to approve a wireless facilities access permit for a Verizon Wireless cell site on a utility pole in the right of way near 1524 Alamo Way, in Alamo (Permit No. WA18-0004), RECEIVE testimony, and CLOSE the public hearing. 2. DETERMINE that County File #WA18-0004 is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15303. 3. DIRECT the Department of Conservation and Development to file a CEQA Notice of Exemption with the County Clerk. 4. APPROVE a wireless facilities access permit for a Verizon Wireless cell site on a utility pole in the Danville Boulevard public right of way in Alamo (Permit No. WA18-0004). 5. APPROVE the findings in support of Permit No. WA18-0004. 6. APPROVE the conditions of approval for Permit No. WA18-0004. 7. DENY the appeal of Michael and Joan Parodi. FISCAL IMPACT: The applicant has paid the initial deposit and is responsible for all of the time and material costs associated with processing the application. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes:See Addendum VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Susan Johnson 925-674-7868 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 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:February 26, 2019 Contra Costa County Subject:Verizon Wireless Access Permit #WA18-0004 BACKGROUND: This is a hearing for an appeal of the County Planning Commission’s decision to deny an appeal and uphold the decision of the County Zoning Administrator to approve a Wireless Facilities Access Permit to establish a new Verizon Wireless cell site attached to an existing utility pole (to be replaced) in the public right-of-way near 1524 Alamo Way in the Alamo area of unincorporated Contra Costa County. Project Description This project is to establish a new Verizon Wireless cell site attached to an existing utility pole (to be replaced) in the public right-of-way. This includes adding one 2-foot antenna (on top of a pole extension) located on top of the pole and ancillary equipment also attached to the pole. Ancillary equipment includes: two (2) RRUS32 two (2) diplexers inside two (2) RRU shrouds one (1) fiber demarc box one (1) disconnect switch one (1) distribution panel two (2) power supply units one (1) power meter. After installation of the antenna, the utility pole, which measures 38.6 feet tall, will measure 48.6 feet tall post construction. In addition, this request also includes the installation of two bollards adjacent to the utility pole within the public right-of-way. All pole equipment will be painted to match the utility pole. No ground mounted equipment is proposed. Appeal of the County Planning Commission’s Decision On December 24, 2018, Michael and Joan Parodi filed an appeal with the Department of Conservation and Development, Community Development Division, over the decision of the County Planning Commission to deny the appeal and uphold the decision of the County Zoning Administrator to approve the Wireless Facilities Access Permit. The appeal points have been summarized and addressed below: Michael and Joan Parodi, 91 Gran Via, Alamo, CA Summary of Appeal Point #1: Replacing the existing utility pole and adding Verizon Wireless cell site infrastructure would create a fire and falling apparatus hazard in the surrounding residential area. Staff Response: This application was routed to the Contra Costa County Fire Protection District for comments during the initial 30-day noticing period for the project. The Contra Costa County Fire Protection District did not indicate that the proposed cell site would result in an increased fire risk to people or property. In addition, the proposed wireless telecommunications facility would have to be compliant with all applicable building and fire codes relating to the installation of the facility’s equipment to the utility pole, to ensure it would not result in an increased fire risk to people or property. PG&E engineers, in cooperation with Verizon Wireless, assess the structural capacity of a utility pole to determine if it is structurally sufficient. Through that review it was determined, the existing utility pole needs to be replaced and the project includes installation of a new pole capable of supporting all equipment. In addition, approval of an encroachment permit is required to ensure that the construction of the proposed facility proceeds in a safe manner. The Contra Costa County Public Works Department has reviewed the project, including a traffic control plan that would safely guide pedestrian, bicycle, and vehicular traffic in, around, and by construction and installation work of the proposed cell site. The Public Works Departments has also provided comments and conditions of approval specific to the Encroachment Permit portion of this project. Compliance with all Encroachment Permit conditions ensures that the construction of the project does not pose any risks to travelers within the right-of-way. Summary of Appeal Point #2: The RF emissions from the proposed cell site would encroach and trespass through the air on adjacent properties, interfering with the “ordinary use and enjoyment” of the property. Staff Response: An intangible intrusion on property only will constitute a trespass if it causes physical damage to the property. (Elton v. Anheuser-Busch Beverage Group, Inc. (1996) 50 Cal. App. 4th 1301, 1306-1307.) The appellant has not provided any evidence that RF emissions cause physical damage to property. According to the Court of Appeal in Oliver v. AT&T Wireless, “the mere displeasing appearance in size and shape of a neighboring structure [a wireless tower] that is otherwise permitted by law, the only admitted effect of which is an alleged diminution in value of the adjacent property, cannot constitute a nuisance or give rise to an inverse condemnation claim.” (Oliver v. AT&T Wireless (1999) 76 Cal.App.4th 521, 524.) Here, the facility is permitted by law and the applicant has satisfied all requirements of the County’s Wireless Ordinance. Summary of Appeal Point #3: The FCC cannot be relied upon to set public health standards. Staff Response: Federal law completely preempts the County’s ability to regulate the placement, construction, or modification of personal wireless service facilities based on the effects of radio frequency (RF) emissions on health or the environment. (47 U.S.C., § 332(c)(7)(B)(iv); Telespectrum, Inc. v. Public Services Comm. of Kentucky (6th Cir. 2000) 227 F.3d 414, 424); see also AT&T Wireless Services of Southern California, LLC v. City of Carlsbad (C.D. Cal. 2003) 308 F.Supp.2d 1148, 1159.) The County has no authority to regulate RF emissions under a permit. The FCC establishes emissions levels that apply to wireless facilities. Summary of Appeal Point #4: No Environmental Impact Report has been conducted for the proposed project. Staff Response: The proposed project is exempt under California Environmental Quality Act (CEQA) Guidelines Section 15303, which identifies existing facilities of both investor and publicly-owned utilities used to provide public utility services as being exempt from review. Summary of Appeal Point #5: No public health study has been conducted for the proposed project. Staff Response: As previously stated,federal law completely preempts the County’s ability to regulate the placement, construction, or modification of personal wireless service facilities based on the effects of radio frequency (RF) emissions on health or the environment. (47 U.S.C., § 332(c)(7)(B)(iv); Telespectrum, Inc. v. Public Services Comm. of Kentucky (6th Cir. 2000) 227 F.3d 414, 424); see also AT&T Wireless Services of Southern California, LLC v. City of Carlsbad (C.D. Cal. 2003) 308 F.Supp.2d 1148, 1159.) Summary of Appeal Point #6: The County Zoning Administrator failed to limit the permit scope, thus allowing for expansion to higher cellular frequencies with only minimal oversight. Other carriers may also choose to establish wireless telecommunications facilities on other utility poles. Staff Response: As previously stated, federal law completely preempts the County’s ability to regulate the placement, construction, or modification of personal wireless service facilities based on the effects of radio frequency (RF) emissions on health or the environment. (47 U.S.C., § 332(c)(7)(B)(iv); Telespectrum, Inc. v. Public Services Comm. of Kentucky (6th Cir. 2000) 227 F.3d 414, 424); see also AT&T Wireless Services of Southern California, LLC v. City of Carlsbad (C.D. Cal. 2003) 308 F.Supp.2d 1148, 1159.) Section 88-24.602 of the County’s Wireless Ordinance provides that a minor alteration permit is required to make a minor alteration to the facility. If a change to an existing facility meets the definition of a “substantial change” under federal law (see 47 C.F.R., § 1.40001), a new wireless access permit would be required. Under the permit, the permittee would need to provide new RF emission information following a minor alteration. If a new wireless access permit is required, then new RF emissions readings would be required under the County’s Wireless Ordinance. Summary of Appeal Point #7: Neighborhood property values will be adversely affected due to the visual and aesthetic impacts of the proposed construction and the failure to comply with the design guidelines, outlined in the County’s Wireless Telecommunications, which mandate that a wireless facility be designed to minimize its visual and aesthetic impacts on the surrounding area. The applicant also failed to explore other viable options for the proposed wireless facility. Staff Response: The applicant has satisfied the requirements in Section 88-24.612(b)(4)(A) through Section 88-24.612(b)(4)(I) of the Wireless Ordinance . None of these requirements or approval findings require the analysis of the project’s impact on property values in the surrounding area. Therefore, irrespective of the project’s potential impacts on property values in the surrounding area, the County Zoning Administrator and the County Planning Commission approved the proposed Verizon Wireless cell site because all of the requirements in Section 88-24.612(b)(4)(A) through Section 88-24.612(b)(4)(I) were met. With regard to the potential impact a new site would have on the aesthetic quality of its surroundings, although the subject utility pole is located within the right-of-way in a single-family residential neighborhood, small cell technology is less visually invasive than traditional cell towers (see attached photo simulations). The proposed canister antenna and ancillary equipment would be painted to match the existing utility pole, which would help the cell site blend in with its surroundings (this includes the existing utility pole and telephone wires). The proposed shrouds would also help conceal the pole-mounted equipment. The pole top equipment would result in 10-foot height increase for the pole, thus complying with the County Wireless ordinance, which limits such height increases to a maximum of 10 feet. Therefore, both the County Zoning Administrator and County Planning Commission concluded that the proposed wireless telecommunication facility would not substantially affect the aesthetic quality of its surroundings and complies with the design requirements of Section 88-24.408 for the facilities located in the public right-of-way. With regard to the chosen location for the cell site, pursuant to a statement from Verizon Wireless, received on August 15, 2018, alternative sites are other poles within a short distance (neighboring) from the original choice. Verizon’s radio frequency engineering group identifies areas in which capacity will be an issue to network performance (such as the chosen location). Subsequent to the engineering selection is the field identification and verification of whether or not any of the “chosen” poles will actually support a small cell facility as part of a system design. Two alternative sites considered for the proposed project included a utility pole located approximately 75 feet south from the subject utility pole and another utility pole located approximately 150 feet north from the subject pole. However, many of the poles are already loaded with vertical risers, conduits, equipment, and electrical and telephone lines that prevent a small cell facility from being able to “fit” at that site. Thus, the subject pole was chosen. According to the Court of Appeal in Oliver v. AT&T Wireless, “the mere displeasing appearance in size and shape of a neighboring structure [a wireless tower] that is otherwise permitted by law, the only admitted effect of which is an alleged diminution in value of the adjacent property, cannot constitute a nuisance or give rise to an inverse condemnation claim.” (Oliver v. AT&T Wireless (1999) 76 Cal.App.4th 521, 524.) Here, the facility is permitted by law and the applicant has satisfied all applicable requirements of the County’s Wireless Ordinance. Project History Verizon Wireless c/o On Air, LLC, submitted County File #WA18-0004 on April 17, 2018. At the September 4, 2018 Alamo MAC Meeting, the Alamo MAC recommended that a public hearing be held on County File #WA18-0002, becoming the impetus for the October 1, 2018 County Zoning Administrator Meeting. After taking testimony on the project at the October 1, 2018 County Zoning Administrator Meeting, the Zoning Administrator closed the public hearing and continued it to October 15, 2018, in order to consider all of the testimony presented prior to making a decision. The Zoning Administrator approved the Wireless Access Permit at the public hearing held on October 15, 2018 with the following added Condition of Approval, “Within 15 days of the antenna being installed, Verizon shall take RF power density measurements with the antenna operating to verify the level reported in the Hammett and Edison report and to ensure that the FCC public exposure level is not exceeded in any publicly accessible area. This measurement shall be taken again on an annual basis or if any equipment is replaced. Verification of these measurements shall be submitted to CDD for review and approval”. On October 25, 2018, Michael and Joan Parodi, and Verizon Wireless c/o On Air, LLC, appealed the Zoning Administrator’s decision, prior to the appeal deadline, thus becoming the impetus of the November 28, 2018 County Planning Commission Meeting. County File #WA18-0004 was not heard at the November 28, 2018 County Planning Commission Meeting due to time constraints. Therefore, the project was continued to the next available meeting date. At the December 12, 2018 County Planning Commission Meeting, the Commission made a motion to uphold the County Zoning Administrator’s decision and deny the appeal. The motion was passed by the Commission with a 5-1 vote. This approval included a modification to the Condition of Approval added by the Zoning Administrator at the October 15, 2018 Zoning Administrator meeting: “Within 15 days of the antenna being installed, Verizon shall take RF power density measurements with the antenna operating to verify the level reported in the Hammett and Edison report and to ensure that the FCC public exposure level is not exceeded in any publicly accessible area. This measurement shall be taken again if any equipment is replaced or added. Verification of these measurements shall be submitted to CDD for review and to confirm that the requirements of the Ordinance Code have been met.” On December 24, 2018, Michael and Joan Parodi appealed the County Planning Commission’s decision, prior to the appeal deadline. Conclusion The appeal is similar to the testimony offered to the County Zoning Administrator and County Planning Commission and does not provide support for overturning the County Planning Commission’s decision. The proposed Verizon cell site complies with the County Wireless Telecommunications Facilities Ordinance and would not conflict with the Single-Family Residential, Low-Density (SL) General Plan land use designation or the Single-Family Residential R-20 Zoning District. The proposed project is also consistent with State and Federal regulations governing cellular telecommunications, and installation, within a public right-of-way. Additionally, staff has determined that the project, as conditioned, is the least obtrusive design. Therefore, staff recommends that the Board of Supervisors deny the appeal and sustain the County Planning Commission’s approval of County File #WA18-0004, based on the attached findings and subject to the attached conditions of approval. CONSEQUENCE OF NEGATIVE ACTION: If the Board of Supervisors grants the appeal, the County Planning Commission’s decision to uphold the County Zoning Administrator’s approval of the proposed Verizon Wireless cell site, attached to an existing utility pole (to be replaced) in the public right-of-way, will be overturned. The applicant, Verizon Wireless, would be unable to move forward with the project as proposed. CLERK'S ADDENDUM Speakers; Matt Lewis; Cathy Wojan; Joia Boos; Cathy Wojan;  Gina; Art Scimia, Meadow Lane Improvement Association;   David Baer; Lisa Snortum-Phelps; Ruth Strong; Kraj Khararjan; Linda Uhrenholt; Roger Smith; Anne Goldman; Alex Krueger; Megan Maddern; Melanie Volk; Kimberly Crowe; Shannon Erickson; Nadine Whisnant; Jill Sanchez. Written commentary was received from (attached): Jami Tucker, Christine Scimia, Rob Harrison, Scott Maddern, Erin Lewis, Blessings Robertson-Winn, Elaine Gast, Judy DeYoe, Kirsten Muzinich, Rachel Day, Melanie Volk, no name, Irene Amido, Penelope Kojina, Tanya Krueger, Hayuta Jain, Susanne Frey, Jodee Brydges, Alex & Tanya Krueger,Kate Rudick, Christina Heil, Mandula Rewal, Kimiko Nguyen, Mitch Tunick, Karrie Haneman, Barry Winters, Tarplaijo, Eunice Chan, Christine Brashear, Miriam Winters, Bradley Hillbrandt, Laura Hillebrandt, Elizabeth Yuan, Devon Mitzel, Brett Pels, Woodie Dixon, Edward Volk, Hanh T. Estep, Joe & Paula Buenavistas, Mary Dietler, Lianna Gatto, Melanie Volk, Wendy Ko, Caroline Sherborne & Charles Bouch. CLOSED the public hearing; DETERMINED that County File #WA18-0004 is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15303; DIRECTED the Department of Conservation and Development to file a CEQA Notice of Exemption with the County Clerk;  APPROVED a wireless facilities access permit for a Verizon Wireless cell site on a utility pole in the Danville Boulevard public right of way in Alamo (Permit No. WA18-0004); APPROVED the findings in support of Permit No. WA18-0004; APPROVED the conditions of approval for Permit No. WA18-0004 with amendments:  (1) within 15 days after facility installation, Verizon must complete radio frequency (RF) testing at the facility, and, at the same time, Verizon must perform RF testing for interested property owners at their properties within a 300 foot radius of the facility, and (2) one year after facility installation, Verizon must re-perform RF testing at the facility, and, at the same time, perform RF testing for interested property owners at their properties within a 300 foot radius of the facility; and DENIED the appeal of Michael and Joan Parodi. AGENDA ATTACHMENTS Maps Project Plans WA18-0004 BOS Appeal Findings and Conditions of Approval Radio Frequency Report PowerPoint Presentation MINUTES ATTACHMENTS Appellant Commentary - Parodi Written Public Comments Response - Verizon Wireless FINDINGS AND CONDITIONS OF APPROVAL – COUNTY FILE #WA18-0004, VERIZON WIRELESS C/O ON AIR, LLC (APPLICANT) / PG&E AND NORTHERN CALIFORNIA JOINT POLE ASSOCIATION (OWNERS) I. FINDINGS A. Growth Management Performance Findings 1. Traffic: The establishment and operation of a telecommunications facility within a public right-of-way is not expected to increase existing traffic levels in the area. The facility is unmanned and employees would only need to visit the facility for occasional maintenance activities. Therefore, the project will not trigger an increase in traffic to the site during A.M. or P.M. commute hours. The construction phase of the project will require work within the right-of-way that can temporarily affect traffic flows within the right-of-way. The Department of Public Works has reviewed the project, including a traffic management plan for the construction phase, and provided comments and recommended conditions of approvals that have been incorporated into this document as encroachment permit COA’s (#27-93). Compliance with all encroachment permit conditions ensures the construction phase of this project can be safely constructed without significantly affecting traffic flows within the public right-of-way. 2. Water: The project does not require water resources and, therefore, will not impact groundwater levels or the frequency in which they are depleted. There will be a negligible amount of impervious surface added to the site. The majority of the facility will remain pervious, thus not affecting the recharge of any aquifers that may exist in the area. 3. Sanitary Sewer: The project will not increase the demand for sanitary sewer service in the area, as the project does not involve an increase in population nor does it require sanitary sewer facilities. 4. Fire Protection: The subject property is located within the service area of the Contra Costa County Fire Protection District. Telecommunications equipment is not typically associated with an increased fire risk. Compliance with applicable Building and Fire Codes relating to the installation of this equipment will ensure the project does not result in an increased fire risk to people or property. 5. Public Protection: The project will not increase the demand for police service facilities as there is nothing included in the proposal that will increase the population in the area. Telecommunication facilities do not typically require police presence. The site will be unmanned and will only require maintenance technicians to visit the site as necessary. Thus, the project will not increase the demand for police service facilities or personnel. 6. Parks and Recreation: The project will not increase the demand for parks or recreation facilities, as the project will not increase the housing stock in the County. 7. Flood Control and Drainage: The project is not located within a Federal Emergency Management Agency-designated special flood hazard zone and includes the construction of a negligible amount of new impervious surface. Therefore, the establishment of this wireless telecommunications facility is not anticipated to affect any flood control improvements or existing drainage patterns in the area. B. Wireless Access Permit Findings - 88-24.612 (b)(4)(A): 1. Required Finding: The facility or substantial change will be designed in a manner that complies with the applicable requirements of Section 88-24.408. Project Finding: The project involves replacing an existing power pole and the installation of a 2-foot canister antenna on top of a pole extension. Additional accessory equipment necessary for the operation of the site would also be attached to the new replaced utility pole. The pole top equipment would result in an approximately 10-foot height increase for the pole, thus complying with the County Wireless ordinance, which limits such height increases to a maximum of 10 feet. All pole-mounted equipment would be painted to match the existing pole, thus minimizing the equipment’s effect on the visual quality of the residential neighborhood, as required by ordinance. All pole-mounted equipment will be mounted at a minimum of 8 feet above grade to prevent the disruption of public use of the right of way. Therefore, the design of the project will meet the requirements of Section 88-24.408 for the facilities located in the public right-of- way. Pursuant to the applicant, PG&E (owner of the utility pole) is requiring that Verizon install bollards to protect the equipment. 2. Required Finding: The facility or substantial change will not interfere with the use of the public right-of-way, or existing improvements or utilities located on, in, under or above the public right-of-way. Project Finding: Because the antenna and related equipment will be clear of the adjacent roadway and shoulder, the project is not expected to interfere with vehicular travel or parking within the right-of-way. The project will not interfere with curb, gutter, and storm drain improvements existing within the right-of-way. The project includes a wooden pole extension, upon which the antenna will be mounted, to provide separation distance between the existing PG&E power transmission wires and the telecommunications facility as required by the CPUC. Thus, the project will not interfere with existing improvements or utilities located on, in, under, or above the public right-of-way. Pursuant to the applicant, PG&E (owner of the utility pole) is requiring that Verizon install bollards to pr otect the equipment. 3. Required Finding: The facility or substantial change will not interfere with any vehicular, bicycle, or pedestrian use of the public right-of-way. Project Finding: The proposed facility is completely clear of the existing roadway. There are no sidewalks adjacent to the project site. However, if sidewalk improvements are constructed in the future, the pole mounted equipment is located at a sufficient height (8 feet minimum) above ground level as not to interfere with pedestrian use of the right-of-way. The project is not anticipated to affect the use of the right-of-way for vehicles, bicycles, or pedestrians. Pursuant to the applicant, PG&E (owner of the utility pole) is requiring that Verizon install bollards to protect the equipment. 4. Required Finding: The facility or substantial change will not cause any violation of the accessibility requirements of the Americans with Disabilities Act. Project Finding: The facility will only be accessed by trained professionals for maintenance purposes. The facility will not interfere with vehicular circulation in the public right-of-way and there is no adjacent sidewalk in this area. The lowest equipment on the existing pole will be 8 feet above ground level which is adequate height to accommodate ADA compliant path of travel below, should sidewalks be installed in the future. Thus, the project will not cause any violation of the accessibility requirements of the Americans with Disabilities Act. Pursuant to the applicant, PG&E (owner of the utility pole) is requiring that Verizon install bollards to protect the equipment. C. California Environmental Quality Act (CEQA) Findings The project is exempt from environmental review pursuant to CEQA Guidelines section 15303, which exempts, among other things, the installation of small new equipment and facilities in small structures. This project consists of minor modifications to an existing PG&E utility pole in the public right of way. As described herein, the project includes one 2-foot antenna mounted on top of an existing 38.6-foot-tall utility pole, as well as ancillary equipment mounted on the side of the pole. There is no substantial evidence that the project involves unusual circumstances, including future activities, resulting in, or which might reasonably result in, significant impacts which threaten the environment. None of the exceptions in CEQA Guidelines section 15300.2 apply. II. CONDITIONS OF APPROVAL FOR COUNTY FILE #WA18-0004: Project Approval 1. This Wireless Access Permit approval is granted to allow the establishment of a new Verizon Wireless cell site. The site consists of the following elements including replacing an existing utility pole with a new utility pole in the public right-of-way:  One 2-foot pole-top canister antenna;  One wooden pole extension;  Two RRUS32 and two diplexers inside two RRU shrouds;  One disconnect switch;  One distribution panel;  Two power supply units;  One fiber demarc box;  One power meter;  Two bollards. 2. The Wireless Access Permit approval described above is granted based on the following information and documentation:  Wireless Access Permit application and supplemental project information submitted to the Department of Conservation and Development, Community Development Division (CDD) on April 17, 2018;  Supplemental project information received on August 15, 2018;  RF Report prepared by the firm of Hammett & Edison, Inc., Consulting Engineers, received on August 15, 2018. Initial Compliance Report Prior to Issuance of a Building Permit 3. Prior to CDD stamp approval of construction plans for the issuance of a building permit, the Applicant shall submit a report addressing compliance with project conditions of approval, for the review and approval of the CDD. The report shall list each condition followed by a description of what the Applicant has provided as evidence of compliance with that condition. Unless otherwise indicated, the Applicant will be required to demonstrate compliance with the conditions of this report prior to issuance of construction permits. The Zoning Administrator may reject the report if it is not comprehensive with respect to applicable requirements for the requested permit. The deposit for review of the Compliance Report is $500.00; the actual fee shall be the cost of time and materials.  Prior to operating the approved telecommunications facility, color photographs showing the as-built condition of the facility shall be submitted for the review and approval of the CDD to verify compliance with these Conditions of Approval. Permit Duration and Permit Review 4. This Wireless Access Permit is granted for a period of ten years and shall be administratively reviewed at five year intervals. The applicant shall initiate the first review by submitting a statement as to the current status of the project to the Zoning Administrator no later than five years following the effective date of the project approval. This review by the Zoning Administrator will be for the purpose of ensuring continued compliance with the conditions of permit approval. Non- compliance with the approved conditions and/or the ordinance code provisions, after written notice thereof, shall be cause for revocations proceedings. For the review of existing commercial wireless communications facilities, submittal shall include photo documentation of existing conditions and equipment for comparison with the applicable approved conditions. The Applicant is encouraged, at the time of each administrative review, to review the design of the telecommunications facility and make voluntary upgrades to the facility for the purpose of improving safety and lessening visual obtrusiveness. A review fee in the amount of $500.00 (subject to time and materials) will be filed through a Compliance Verification application to allow for review of the approved conditions. Party Responsible for Permit Compliance 5. The Permittee (wireless operator) is responsible for keeping the Department of Conservation and Development, Community Development Division (CDD) informed of who is responsible for maintenance of compliance with this permit and how they may be contacted (i.e., mailing and email addresses, and telephone number) at all times. a. Prior to obtaining a building permit, the Permittee shall provide the name of the party (carrier) responsible for permit compliance and their contact information. b. Should the responsible party subsequently change (e.g. faculty is acquired by a new carrier), within 30 days of the change, Permittee shall issue a letter to CDD with the name of the new party who has been assigned permit compliance responsibility and their contact information. Failure to satisfy this condition may result in the commencement of procedures to revoke the permit. Removal of Facility/Site Restoration 6. All structures and equipment associated with the commercial wireless communications facility shall be removed within 60 days of the discontinuance of the use; and the site shall be restored by the Permittee to its original pre- development condition. In addition, the Permittee shall provide the CDD with a notice of intent to vacate the site a minimum of 30 days prior to vacation. Security to Provide for Removal of Equipment 7. Prior to submittal of a building permit for the telecommunications facility the Applicant or Permittee shall provide bond, cash, or other surety, to the satisfaction of the Zoning Administrator, for the removal of the facility in the event that the use is abandoned or the use permit expires, or is revoked, or otherwise terminated. If the Permittee does not remove any obsolete or unused facilities as described above, the financial guarantee shall be used by the County to remove any obsolete or unused facilities and to return the site to its pre-development condition. The financial assurance must be submitted before a permit will be issued. A financial assurance must be irrevocable and not cancelable, except by the County. Each form of financial assurance must remain valid for the duration of the permit and for six months following termination, cancellation, or revocation of the permit. Any unused financial guarantee shall be returned to the Applicant upon termination of the use and removal of the facility or transfer of the lease accompanied by a financial guarantee by the new lessee or owner. The amount of the security shall be based on a cost estimate provided by a contractor or other qualified professional to the satisfaction of the Zoning Administrator. General Provisions 8. A minor alteration to this Wireless Access Permit may be issued if the p roposed modification(s) are not considered a substantial modification as stated under federal low (Title 47, Section 1.40001). A minor alteration (or collocation) has a term that is the shorter of the following: A. 10 years; or B. The duration, including any renewal period, of the permit that authorizes the existing facility on which the new facility will be collocated or on which the minor alteration will occur. 9. The conditions contained herein shall be accepted by the Applicant, their agents, lessees, survivors or successors for continuing obligation. 10. At all times the facility shall comply with the applicable rules, regulations, and standards of the FCC and other agencies having jurisdiction, and any other applicable Federal, State, and County laws and regulations. 11. The facility shall be operated in such a manner as not to contribute to ambient RF/EMF emissions in excess of then current FCC adopted RF/EMF emission standards. 12. The equipment shall be maintained in good condition over the term of the permit. This shall include keeping the structures graffiti-free. 13. Antennas, towers, cabinets, and mountings shall not be used for advertising. 14. No lights or beacons may be installed on any antenna or antenna support structure, unless lights or beacons are required by a state or federal agency having jurisdiction over the antenna or antenna support structure, such as the California Public Utilities Commission, Federal Communications Commission, or Federal Aviation Administration, or if lights or beacons are recommended by the County Airport Land Use Commission. 15. The facility, all fences and walls surrounding a facility, and all other fixtures and improvements on the facility site must be repainted as often as necessary to prevent fading, chipping, or weathering of paint. Equipment must be painted to match the utility pole. Exterior Noise 16. Prior to final building inspection, the Applicant shall submit evidence for review and approval of the CDD that the wireless telecommunications facility meets acceptable exterior noise level standards as established in the Noise and Land Use Compatibility Guidelines contained in the Noise Element of the County General Plan. The evidence can either be theoretical calculations for identical equipment or noise monitoring data recorded on the site. Camouflaging 17. All proposed antennas, antenna supports, and conduits shall have a non -reflective finish. Paints with a reflectivity less than 55 percent are required. Color photographs showing the as-built condition shall be submitted for review of the CDD staff to verify compliance with this Condition of Approval within 30 days of completing construction. Frequency Interference 18. The facility may not be operated at a frequency that will interfere with an emergency communication system or 911 system, including any regional emergency communication system. Work Restrictions 19. The applicant shall make a good faith effort to minimize project-related disruptions to adjacent properties, and to uses on the site. This shall be communicated to all project-related contractors. 20. The applicant shall require their contractors and subcontractors to fit all internal combustion engines with mufflers which are in good condition and shall locate stationary noise-generating equipment such as air compressors as far away from existing residences as possible. 21. The site shall be maintained in an orderly fashion. Following the cessation of construction activity, all construction debris shall be removed from the site. 22. Large trucks and heavy equipment are subject to the same restrictions that are imposed on construction activities, except that the hours are limited to 9:00 AM to 4:00 PM. 23. A publicly visible sign shall be posted on the property with the telephone number and person to contact regarding construction-related complaints. This person shall respond and take corrective action with 24 hours. The CDD phone number shall also be visible to ensure compliance with applicable regulations. 24. All construction activities shall be limited to the hours of 8:00 A.M. to 5:00 P.M., Monday through Friday, and are prohibited on state and federal holidays on the calendar dates that these holidays are observed by the state or federal government as listed below: • New Year's Day (State and Federal) • Birthday of Martin Luther King, Jr. (State and Federal) • Washington's Birthday (Federal) • Lincoln's Birthday (State) • President's Day (State and Federal) • Cesar Chavez Day (State) • Memorial Day (State and Federal) • Independence Day (State and Federal) • Labor Day (State and Federal) • Columbus Day (State and Federal) • Veterans Day (State and Federal) • Thanksgiving Day (State and Federal) • Day after Thanksgiving (State) • Christmas Day (State and Federal) For details on the actual date the state and federal holidays occur, please visit the following websites: Federal Holidays: www.federalreserve.gov/aboutthefed/k8.htm California Holidays: www.sos.ca.gov/holidays.htm Application Processing Fees 25. The Wireless Access Permit application was subject to an initial deposit of $4,000.00, which was paid with the application submittal, plus time, and material costs if the application review expenses exceed 100% of the initial deposit. Any additional fee due must be paid prior to issuance of a building permit, or within 60 days of the effective date of this permit, whichever occurs first. The fees include costs through permit issuance and final file preparation. Pursuant to Contra Costa County Board of Supervisors Resolution Number 2016/331, where a fee payment is over 60 days past due, the application shall be charged interest at a rate of 10% from the date of approval. The Applicant may obtain current costs by contacting the project planner. A bill will be mailed to the Applicant shortly after permit issuance in the event that additional fees are due. 26. Within 15 days of the antenna being installed, Verizon shall take RF power density measurements with the antenna operating to verify the level reported in the Hammett and Edison report and to ensure that the FCC public exposure level is not exceeded in any publicly accessible area. This measurement shall be taken again if any equipment is replaced or added. Verification of these measurements shall be submitted to CDD for review and to confirm that the requirements of the Ordinance Code have been met. PUBLIC WORKS SPECIAL ROAD ENCROACHMENT PERMIT CONDITIONS OF APPROVAL FOR PERMIT #WA18-0004 27. Verizon Wireless (permittee) shall comply with the requirements of Title 8, Title 9 and Title 10 of the Ordinance Code, any exception(s) must be stipulated in these Special Road Encroachment Permit Conditions. These Special Road Encroachment Permit Conditions are based upon the site plan a submitted to the Department of Conservation and Development, Community Development Division on April 18, 2018. 28. This encroachment permit is being issued only for the County owned section of Danville Boulevard (Road No. 5301A) adjacent to 1524 Alamo Way on Verizon Wireless “SF ALAMO 008 (NEAR) 1524 ALAMO WAY, ALAMO, CA 94507 PSL#433674, ORDER #31363290” plans dated April 3, 2018. 29. Verizon Wireless shall provide written evidence to the Public Works Department from the owner of the street light/utility pole (PG&E) that they authorize the cell site improvements on the existing street light/utility pole. 30. Verizon Wireless shall provide evidence to the Public Works Department, Real Property Division that they are included in the statewide franchise agreement issued by the CPUC (California Public Utilities Commission); or, if unable to do so, Verizon Wireless shall enter into a license agreement with the County. 31. Verizon Wireless shall notify the United States Postal Service, the emergency services and the proper garbage collection agency to coordinate services to the residents of Danville Boulevard if the construction operations will disrupt normal services. ADMINISTRATION 32. Scheduling inspection. All work authorized by the permit must be inspected. Permittee shall arrange for an inspection by telephoning Paul Tehaney @ (925) 595-6012 or by email pteha@pw.cccounty.us. If you cannot reach the inspector, contact the construction office at (925) 313-313-2320. 33. Encroachment permit on site. A copy of this encroachment permit shall be available for review on site for the duration of the right-of-way encroachment allowed by this permit. The encroachment permit shall be shown upon request to any police officer or any employee of the County with jurisdictional responsibility over activities in the public right-of-way. If a County employee requests to see a copy of this encroachment permit and the encroachment permit is not available a Stop Work Order may be issued until a copy of the encroachment permit is available for review on site. 34. Approved plans. All works shall be per the plans reviewed and approved by the County. Any proposed changes to the approved plans must be reviewed and approved by the County. 35. Emergency contact. Permittee shall identify an individual who will be available 24 hours per day with the responsibility and authority to respond to emergencies related to the construction work. Permittee shall report the name and telephone number of the individual to Bob Hendry at the Permit Center prior to the start of work. Mr. Hendry can be reached at (925) 674-7744. No work within the County road right-of-way shall be allowed until the emergency contact is reported to Mr. Hendry. 36. Quality control plan. The Contractor shall be responsible for controlling the quality of material entering the work and the work performed, and shall perform testing to ensure control. Prior to start of work the Contractor shall submit to the construction inspector a Quality Control Plan that must describe the methods and frequency of testing, implementation of corrective actions as necessary, and reporting of test results. 37. Pre-construction meeting. The permittee shall hold a pre-construction meeting with the County’s construction inspector at least one week prior to the start of work. No work within the County road right-of-way shall be allowed until the pre- construction meeting has been held. 38. Damage to utility facilities. If the permittee’s work damages a utility facility while performing the work covered by this encroachment permit the permittee or permittee’s contractor shall contact the construction inspector within two (2) days of damaging the facility. 39. Final inspection. The permittee shall hold a final inspection meeting with the construction division representative of Public Works. All County concerns shall be resolved before the work is accepted as complete. A signed off permit from another permitting agency or utility company does not guarantee acceptance by the County Public Works Department. 40. Staff charges. Permittee is responsible for all staff charges associated with this encroachment permit. The encroachment permit will not be signed off as complete until all the review and inspection charges are paid in full. 41. Indemnification. The permittee agrees to save, indemnify and hold harmless the County of Contra Costa or its representatives from all liabilities imposed by law by reason of injury to or death of any person or persons or damage to property which may arise out of the work covered by this permit and does agree to defend the County in any claim or action asserting such action. Accepting this permit or starting any work hereunder shall constitute acceptance and agreement to all of the conditions and requirements of this permit and the ordinance and specifications authorizing issuance of such permit. 42. Insurance. The permittee or the permittee’s contractor shall furnish an acceptable certificate of insurance naming Contra Costa County, its employees, officials and agents as additionally insured. See Attachment 1A for insurance requirements. 43. County standards. All work shall conform to Contra Costa County Standard Plans and Specifications, except as noted, and may be modified by the County’s representative to meet field conditions. 44. Location of facilities. All facilities being installed shall be located in compliance with County Standard Drawing CU60 and in compliance with County Standard Drawing CA10 when located at or near an intersection. 45. ADA compliance. All new facilities shall provide the minimum required ADA clearances (4’ sidewalk width). 46. Weather. Work covered under this encroachment shall not be allowed: a. If it is raining at the beginning of the work day no work shall be started without the approval of the Construction inspector. b. If rain begins during the work day, work covered under this encroachment permit may be suspended at the direction of the Construction inspector. c. Work covered under this encroachment that is suspended due to rain shall be allowed to commence once the work area within the road right -of-way has sufficiently dried and at the direction of the Construction inspector. 47. Working hours. For the purposes of this permit, working hours are defined as follows: 7 A.M. to 5 P.M. Monday through Friday, except legal holidays. TREE PROTECTION 47. Protecting existing trees. Except where otherwise provided by the involved permit’s conditions of approval or approved permit application, on all properties where mature trees are required to be saved during the course of construction, the permittee shall follow the following tree preservation standards. The Permit construction plans shall include these requirements as notes: a. Prior to the start of any clearing, stockpiling, trenching, grading, compaction, paving or change in ground elevation on a site with mature trees to be preserved, the applicant shall install temporary fencing at the dripline or other area determined by an arborist report of all trees adjacent to or in the area to be altered, and provide evidence of same (e.g., photos) to Public Works. Prior to grading or commencement of project improvements, the fences may be inspected and the location thereof approved by appropriate County staff. b. No grading, compaction, stockpiling, trenching, paving or change in ground elevation shall be permitted within the dripline of a mature tree unless indicated on the site/grading plan approved by the County and addressed in any required report prepared by an arborist. If grading or construction is approved within the dripline of a mature tree, an arborist may be required to be present during grading operations. The arborist shall have the authority to require protective measures to protect the tree roots. All arborist expense shall be borne by the permittee unless otherwise provided by the permit conditions. c. The permittee shall not park or store vehicles, equipment, machinery, or construction materials within the dripline of any tree to be saved. d. The permittee shall not dump oils or chemicals within the dripline of any tree to be saved. e. The permittee will replace any mature tree that dies within 2 years of projected- related excavation within its dripline. 48. Notification of tree damage. The permittee shall notify Public Works of any damage that occurs to any mature tree during the construction process. If significant damage to any mature tree not approved for destruction or removal occurs, the permittee shall either: a. Repair any damage as determined by a certified arborist that is designated by the Public Works Director or his/her designee; or b. Replace the damaged tree with a tree or trees of equivalent size and of comparable species, as determined by the Public Works Director or his/her designee to be reasonably appropriate for the particular situation. TRAFFIC 49. Traffic control plan. The permittee shall provide a traffic control plan conforming to the “California Manual on Uniform Traffic Control Devices,” when work will entail a lane closure. The traffic control plan shall include information of the types of, and outrigger support for, boom trucks to determine the roadway clearance necessary during construction. The County’s resident engineer/inspector must review the traffic control plan prior to the start of work. 50. Advanced warning signs. The permittee shall place temporary advance warning signs to alert motorists to construction work ahead whenever trucks or construction equipment are entering or leaving the construction site or when equipment is within the road right of way. 51. Flagging. Traffic shall be under flagging control when any construction operation is occurring in the roadway. 52. Traffic non-working hours. All traffic lanes shall be open to the public during non- working hours. 53. Emergency access. The permittee shall provide emergency access to the job site and to any adjacent private property at all times. 54. Advanced notification. The permittee shall provide a minimum of 48 hours advance notification to property owners whose access will be obstructed by construction operations. The notification shall include the date(s) of const ruction along the frontage that will obstruct a property owner’s access. 55. Property access. The permittee shall reasonably accommodate a property owner’s requests to cross the work zone to enter or leave their property. In no case shall the permittee block an owner’s access for more than 30 minutes. 56. Traffic impediment. The permittee shall not impede or impair vehicle, bicycles or pedestrian access to or within the right of way of Danville Boulevard. 57. Temporary pavement delineators. Temporary pavement delineation shall be furnished, placed, maintained and removed where the existing pavement delineation has been removed or damaged by the construction. Temporary pavement delineation shall be removed prior to the placing of the permanent pavement delineation. Temporary raised pavement markers shall be placed at the existing traffic stripe locations at intervals of not more than 24 feet. On double traffic stripes two markers shall be placed side by side, one on each stripe, at longitudinal intervals of not more than 12 feet. At crosswalks and limit lines temporary raised pavement markers shall be placed at the existing crosswalk/limit line locations at intervals of not more than two (2) feet. Prior to opening the lanes to uncontrolled traffic the covers shall be removed from the temporary raised pavement markers. Temporary raised pavement markers shall be reflective and the same color as the permanent stripe and shall be of the following or equal: Reflective Temporary Raised Pavement Marker (Types Y and W), manufactured by Davidson Plastics Company (DAPCO), 18726 East Valley Highway, Kent, WA 98032, Telephone (206) 251-8140. MV Plastics Chip Seal Marker (1280/1281 Series with Reflexite Polycarbonate, PC 1000, reflector unit), manufactured by MV Plastics, Inc., 533 West Collins Avenue, Orange, CA 92667, Telephone (714) 532-1522. The markers shall be placed in accordance with the manufacturer’s installation procedure instructions. 58. Pedestrians. The permittee shall provide safe pedestrian and bicycle access through the project site at all times. TRENCHING 59. Underground Service Alert (USA). USA must be contacted prior to excavating in a County road right of way. Telephone 811. Any work found in progress with a valid USA number will be shut down and the roadway cleared. All USA and/or temporary survey pavement markings shall be removed by the permittee at the completion of work to the satisfaction of the County Public Works Construction inspector. 60. Trench detail. Trench excavation and backfill requirements shall follow County Standard Plan, “Utility Trench Cut Detail,” drawing # CU01. 61. Installing facilities under sidewalk. Hand digging or tunneling under the curb/gutter and sidewalk shall not be allowed. The sidewalk, curb and gutter shall be removed as needed for the facility installation, and then replaced according to County standards. 62. Existing pavement striping. All existing pavement striping, markings and markers damaged or disturbed shall be replaced in kind. 63. Crack sealing. Where the asphalt pavement has been cut by the permittee in anticipation of trenching and no trenching is performed (over extended saw cut beyond the limits of the trench excavation, abandoning the project, etc.), the applicant shall seal the cut in the asphalt pavement with Craf co, rubberized asphalt Type II crack sealing material (or approved equal) according to the manufacture’s specifications. 64. Pavement. Temporary paving (or permanent pavement) shall be placed at the end of each workday. Until the final paving is in place, the temporary paving shall be maintained as needed and provide a smooth riding surface (level with the surrounding road surface). If the permittee fails to maintain the temporary paving County forces may address any needed maintenance to the temporary paving/trench cut and the permittee will be charged the cost plus appropriate overhead charges. Temporary pavement shall be 1.5-inches minimum thickness of ½-inch, Type A hot mix asphalt (HMA) and shall be replaced as specified in Item 7 of this section with permanent pavement. If permanent paving is not completed as specified, County forces may pave it and the permittee will be charged the cost plus appropriate overhead charges. 65. Hot mix asphalt special conditions. Section 39 (revised October 16, 2014) County Standard Plans. SECTION 39 HOT MIX ASPHALT SPECIFICATIONS 39 GENERAL The work included in this section shall be performed as shown on the Plans and in accordance with the requirements of Section 39, "Hot M ix Asphalt" of the State of California Standard Specifications (including amendments) and these Standard Specifications. 39-1.0 MATERIALS 39-1.01 ASPHALT The amount of asphalt binder to be mixed with the aggregate for hot mix asphalt (HMA) for paving shall be determined in conformance with the requirements in California Test 367. The Contractor shall submit asphalt concrete mix designs sufficiently in advance of manufacturing to allow for County review and approval. The County may direct the amount of asphalt binder to be mixed with the aggregate. In the event that an increase or decrease is ordered, the unit price of asphalt concrete items stated in the Contractor's proposal shall be considered valid to cover any cost relating to the addition or reduction of liquid asphalt quantity and no adjustment in compensation will be made therefor. Asphalt binder to be mixed with aggregate shall be a steam-refined paving asphalt in conformance with the provisions in Section 92, "Asphalts", of the State Standard Specifications. PG 64-10 asphalt binder shall be used for all applications. 39-1.02 AGGREGATE Aggregate for the Hot Mix Asphalt shall be either ½-inch HMA Type A or B, as designated by the County. 39-1.04 HOT MIX ASPHALT Hot Mix Asphalt stored in excess of 15 hours shall not be used in the work. Hot Mix Asphalt placed in the top layer of the surfacing shall be obtained from only one asphalt plant. 39-2.0 PLACEMENT Asphalt concrete shall be spread and compacted as shown on the plans. All layers shall be spread with a self-propelled paving machine. Motor graders or loaders with special paving attachments will not be considered a self-propelled paving machine. Asphalt concrete shall be compacted and finished in conformance with said Section 39, amended as follows: Compacting Equipment: The Contractor shall furnish a sufficient number of rollers to obtain the specified compaction and surface finish required by these specifications. All rollers shall be equipped with pads and water systems that prevent sticking of asphalt mixtures to the pneumatic or steel-tired wheels. A parting agent, which will not damage the asphalt mixture, as determined by the County, may be used to aid in preventing the sticking of the mixture to the wheels. Asphalt concrete shall be compacted by any means to obtain the specified relative compaction before the temperature of the mixture drops below 150°F. Additional rolling to achieve the specified relative compaction will not be permitted after the temperature of the mixture drops below 150°F or once the pavement is opened to public traffic. When vibratory rollers are used as finish rollers, the vibratory unit shall be turned off. Section 39-2 “STANDARD CONSTRUCTION PROCESS,” of the State Standard Specifications is replaced as follows: The mix design submitted for the job should include Stabilometer testing in accordance with California Test 366. The testing shall represent a sample of the submitted mix design performed within the previous 12 months of the mix design submittal date. Sampling and testing shall be performed by qualified representatives of a third-party testing agency employed by the Developer. A sample of Hot Mix Asphalt shall be collected in the field for every 750 tons of material placed, or portion thereof, and a sample of aggregate shall be collected from the mix plant on the first day of paving. A minimum of one sample of Hot Mix Asphalt should be collected per day of paving, regardless of amount of Hot Mix Asphalt placed. Hot Mix Asphalt shall be compacted to a relative compaction of not less than ninety- two and not more than ninety-seven percent and shall be finished to the lines, grades and cross section shown on the Plans. In-place density of Hot Mix Asphalt will be determined prior to opening the pavement to public traffic. Relative compaction will be determined by California Test 375. Maximum theoretical density will be determined in conformance with California Test 309. If the test results for a quantity of Hot Mix Asphalt indicate that the relative compaction is below ninety-two percent or greater than ninety-seven percent, the Contractor will need to adjust his/her materials or his/her procedures, or both. Hot Mix Asphalt spreading operations shall not continue until the Contractor has notified the County of the adjustment that will be made in order to meet the required compaction. Mitigation for lots of out of specification Hot Mix Asphalt compaction will be as follows: COMPACTION Level* Mitigation Less than 88 percent Rejection COMPACTION Level* Mitigation 88 to 90 percent HMA Overlay with reinforcing layer such as GlasGrid or equivalent 90 to 92 percent Slurry Seal Greater than 97 percent Slurry Seal * Obtained by California Test 309. If the test results for any quantity of asphalt concrete indicate that the relative compaction is less than eighty-eight percent, the asphalt concrete represented by that lot shall be removed. Hot Mix Asphalt spreading operations shall not continue until the Contractor makes significant adjustments to his/her materials or procedures or both in order to meet the required compaction. The adjustments shall be agreed to by the County. Testing of the plant sampled aggregate shall include Aggregate Gradation (per California Test 202) and Aggregate Sand Equivalent (per California Test 217). If testing indicates that the gradation falls outside the tolerance range for any sieve size, production shall stop and paving may not continue until testing demonstrates that the issue has been resolved. Likewise, if the Sand Equivalent falls below 47 or 42 for Type A or Type B Hot Mix Asphalt, respectively, paving shall be halted until subsequent testing indicates that the aggregate used is in conformance. Paving that was performed between startup and halting paving operations for out -of- specification aggregate shall be subject to a slurry seal, at the County’s discretion. Additional testing of Hot Mix Asphalt shall include Asphalt Binder Content per California per (California Test 379 or 382). Following paving operations, the pavement shall be cored to verify Hot Mix Asphalt thickness. The following tables describe required results of these tests and mitigation necessary for not meeting specification. BINDER CONTENT Percent* Mitigation Less than 5.4 percent Slurry Seal *Obtained by California Test 379 or 382. PAVEMENT THICKNESS Thickness less than plan Mitigation ¼ inch Slurry Seal ½ inch Overlay *Obtained by California Test 375. Alternative methods to the mitigation listed above proposed by the Developer should be provided to the County in writing for review and should be approved prior to implementation. The Contractor shall not perform paving operations when the weather is rainy or foggy. It shall be the Contractor's responsibility, based on weather predictions, to schedule his/her paving operations to avoid paving in the rain or fog. Hot Mix Asphalt shall not be placed on any surface that contains ponded water or excessive moisture in the opinion of the County. If paving operations are in progress and rain or fog forces a shutdown, loaded trucks in transit shall return to the plant. The Contractor shall furnish and use canvas tarpaulins to cover all loads of asphalt concrete from the time that the mixture is loaded until it is discharged from the delivery vehicle. Batch data and load slips shall be presented to the County as asphalt is delivered to the project site to allow verification of location and use. Failure to do so may result in required removal of questionable quantities. Handwork, raking, and repetitive handling of any asphalt concrete shall be minimized. The broadcasting of any loose or excess asphalt concrete material onto the rolled mat is prohibited. Any Hot Mix Asphalt material that has fallen onto the adjacent roadway surface shall either be raked against the edge of the mat or removed from the site. Failure to comply with this requirement may result i n the rejection of the finished paving by the County. Sections 39-3, 39-4, 39-5, and 39-6 of the State Standard Specifications do not apply to this work. In the event of a dispute between testing performed by the Developer’s representative and any testing performed on behalf of the County, the County’s results will prevail. 66. Protecting open excavations. An excavation that remains unfilled after working hours shall be covered with steel plates or protected with other protective barriers adequate to prevent entry by pedestrians and vehicles. 67. Trench plates. When multiple steel plates, used to temporarily cover the working end of a trench or pit, are subject to traffic loading, the plates shall be tack welded together so that they act as a unit. Asphalt concrete shall be placed to provide a smooth transition from the pavement to plate surfaces. The transition shall be at a 12(hor): 1(ver) slope (maximum). 68. Trench plate surface. The exposed surface of trench plates shall be roughened to provide traction equivalent to the adjacent road surface. 69. Time limit on trench plates. The use of trench plates shall be limited to five (5) working days at the site. 70. Expiration date. The County has provided the permittee with an encroachment permit expiration date of that provides the permittee with flexibility for contracting the project and/or scheduling of the work. The County wants to minimize the time that our pavement is disturbed (time from initial pavement excavation to final trench paving). Therefore, the County is requiring that all work described in this permit, including finish paving, be completed within 20 working days from the day that the pavement is excavated. 71. Clean Water/NPDES. Comply with the County’s clean water requirements during all construction activities. Use Best Management Practices to comply with the County’s NPDES ordinances and permits. 72. Air Quality. Comply with Bay Area Air Quality Management District, Federal Clean Air Act and State of California Air Quality Standards. 73. Trench location. All trenching shall be performed outside the road pavement. EXISTING FACILITIES 74. Use of sidewalks. No vehicles or equipment shall be parked on or driven on the sidewalks. 75. Existing facilities. All signs, pavement stripes and markings, delineators, fences, ditch linings, drainage structure and pipes, AC dikes, and other improvements damaged or disturbed by construction shall be replaced in kind. 76. Damage to County facilities. If any County facility is damaged the permittee or the permittee’s contactor shall contact the construction inspector with in two (2) hours of the facility being damaged. 77. Drainage. All drainage shall be kept open and the existing drainage pattern maintained. 78. Exiting curb, gutters and sidewalks. Portland Cement concrete sidewalks, curbs, gutter and other pavements damaged or disturbed by construction shall be removed to the nearest expansion or weakened plane joint and replaced to match adjacent concrete improvements in conformance with County Standard Plans and Specifications. 79. Landscaping. Any landscaping displaced or damage during the construction shall be replaced in kind. 80. Pedestrians. The permittee shall provide for redirecting pedestrians around the construction area when the permittee’s work prevents public access or creates unsafe conditions along the sidewalks. HOUSEKEEPING 81. Encroachment permit on site. A copy of this encroachment permit shall be available for review on site for the duration of the right-of-way encroachment allowed by this permit, and shall be shown upon request to any police officer or any employee of the County with jurisdictional responsibility over activities in the public right-of-way. 82. Use of right of way. No equipment, and /or stockpiles or other materials shall be left overnight in the road right-of-way. 83. Cleaning right of way. The permittee shall assure that the traveled way available to the public remains free of dirt, rock, debris, and construction materials at all times. At the end of each workday, or at the direction of the inspector, the traveled way and paved shoulders shall be swept clean, and if necessary washed clean, to remove dirt, rock and debris. If washing is performed, the permittee shall provide all necessary controls to prevent sediment from entering drainage inlets and creeks. 84. Non-working hours. With the exception of emergency work, no construction activities (including idling of equipment) shall take place during non-working hours. 85. Private property. Construction within the right-of-way does not allow for use of private property as a laydown area for construction-related equipment and supplies. SHOULDERS 86. Reconstructing shoulders. All disturbed shoulder areas shall be reconstructed to restore the cross slopes and longitudinal drainage that existed prior to the project by placing shoulder backing material conforming to the following specification over a compacted and smoothly graded subgrade: SHOULDER BACKING The material for shoulder backing shall be imported material conforming to the following grading and quality requirements: GRADING REQUIREMENTS Sieve Sizes Percentage Passing 2 inch 100 1 inch 75 – 100 No. 4 35 – 80 No. 30 15 – 55 No. 200 5 - 25 QUALITY REQUIREMENTS Specification Test Requirement Sand Equivalent CA 217 10 min. Resistance (R-Value) CA 301 40 min. Plasticity Index CA 204 8 min. The areas where shoulder backing is to be constructed shall be cleared of all weeds, grass and debris. Removed weeds, grass and debris shall be disposed of outside of the road right-of-way in accordance with Caltrans Specifications Section 7-3.13 87. Shoulder backing. A minimum thickness of 4-inches of shoulder backing shall be placed over disturbed shoulder areas but in no case shall the width of the shoulder backing be less than 3-feet unless otherwise approved in writing by the County inspector. Compaction shall conform to Caltrans Specification 19-5.03 (95% relative lab. max.) SIGNALS 88. Traffic signals. At signalized intersections, caution should be taken to avoid damaging detector loops, conduit and conductors. If damage occurs, the following action shall be taken: a. Immediately contact Contra Costa County General Services signal shop at (925) 313-7052 to report the damage. b. Temporary emergency repairs of damaged conduit and conductors may be made by the County at the permittee’s expense to be charged against the permittee’s cash bond. c. A qualified electrical contractor specializing in traffic signal wo rk shall do permanent repair work to conduits and conductors. The work shall be finished within 14 calendar days from the time damage occurs. If the work is not finished within the 14 calendar days, the County reserves the right to have the work done and bill the permittee for the costs. Preserving Survey Monumentation Assembly Bill 1414 became effective January 1, 1995. Part of this legislation provides for the preservation of Survey Monuments for construction projects. This legislation mandates that prior to construction survey monuments are to be referenced in the field and “Corner Records” are filed with the County Surveyor. After construction, monuments are to be reset and “Corner Records” filed with the County Surveyor. These must be completed prior to project completion certification. It is our interpretation that preservation of survey monuments is required for any activity that disturbs existing monuments not just “road work.” Therefore: All survey monuments shall be preserved, referenced and/or replaced pursuant to Section 8771 of the Business and Professions Codes. SECTION 1. Section 8771 of the Business and Professions Code is amended to read: 8771. Monuments set shall be sufficient in number and durability and efficiently placed so as not to be readily disturbed, to assure, together with monuments already existing, the perpetuation or facile re-establishment of any point or line of the survey. When monument exist which control the location of subdivisions, tract, streets, or highways, or provide survey control, the monuments shall be located and referenced by or under the direction of a licensed land surveyor or registered civil engineer prior to the time when any streets or highways are reconstructed or relocated and a corner record of the references shall be filed with the county surveyor. They shall be reset in the surface of the new construction, a suitable monument box placed thereon, or permanent witness monuments set to perpetuate their location and a corner record filed with the county surveyor prior to the recording of a certificate of completion for the project. Sufficient controlling monuments shall be retained or replaced in their original positions to enable land lines, property corners, and tract boundaries to be re-established without devious surveys necessarily origination on monuments differing from those that currently control the area. It shall be the responsibility of the governmental agency or others performing construction work to provide for the monumentation required by this section. It shall be the duty of every land surveyor or civil engineer to cooperate with the governmental agency in matters of maps, field notes, and other pertinent records. Monuments set to mark the limiting lin es of highways, roads, or streets shall not be deemed adequate for this purpose unless specifically noted on the records of the improvement work with direct ties in bearing or azimuth and distance between these and other monuments of record. General Requirements 89. Applicant shall submit improvement plans prepared by a registered civil engineer, if necessary, to the Public Works Department and pay appropriate fees in accordance with the County Ordinance and these conditions of approval. The below conditions of approval are subject to the review and approval of the Public Works Department. Access to Adjoining Property 90. Applicant shall not impede or impair vehicle, bicycles of pedestrian access to or within the rights-of-way of Danville Boulevard. 91. For construction activities if necessary, applicant shall submit a traffic control plan for review and approval of the Public Works Department prior to starting work. The traffic control plan shall include information of the types of, and outrigger support for, boom trucks to determine the roadway clearance necessary during construction. 92. Applicant shall provide verification to the Public Works Department that the building permit has been approved by the Department of Conservation and Development. Proof of Franchise Agreement/Owner of Pole Authorization 93. Applicant shall provide evidence to the Public Works Department, Real Property Division that they are included in the statewide franchise agreement issued by the CPUC (California Public Utilities Commission); or, if unable to do so, the applicant shall enter into a license agreement with the County. 94. Applicant shall provide written evidence to the Public Works Department from the owner of the streetlight/utility pole (PG&E) that they authorize the cell site improvements on existing streetlight/utility pole. ADVISORY NOTES PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL, BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL. ADVISORY NOTES ARE PROVIDED FOR THE PURPOSE OF INFORMING THE APPLICANT OF ADDITIONAL ORDINANCE AND OTHER LEGAL REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED WITH DEVELOPMENT. A. NOTICE OF 90-DAY OPPORTUNITY TO PROTEST FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS PERTAINING TO THE APPROVAL OF THIS PERMIT. This notice is intended to advise the applicant that pursuant to Government Code Section 66000, et. seq., the applicant has the opportunity to protest fees, dedications, reservations, and/or exactions required as part of this project approval. The opportunity to protest is limited to a ninety-day (90) period after the project is approved. The 90-day period in which you may protest the amount of any fee or imposition of any dedication, reservation, or other exaction required by this approved permit, begins on the date this permit was approved. To be valid, a protest must be in writing pursuant to Government Code Section 66020 and delivered to the CDD within 90-days of the approval date of this permit. B. The applicant shall submit building plans to the Building Inspection Division and comply with Division requirements. It is advisable to check with the Division prior to requesting a building permit or proceeding with the project. C. The applicant is responsible for contacting the Environmental Health Division regarding its requirements and/or obtaining additional permits as it may be required as part of the proposed project. D. The applicant shall comply with the requirements of the Contra Costa Fire Protection District. The applicant is advised that plans submitted for a building permit must receive prior approval and be stamped by the Fire Protection District as applicable. Wireless Access Permit Appeals County Files: #WA17-0008, #WA17-0013, #WA18-0002, #WA18-0003, and #WA18-0004 Contra Costa County Board of Supervisors Tuesday, February 26, 2019 Overview This is a hearing for the appeals of the County Planning Commission’s decisions to deny the appeals and uphold the decisions of the County Zoning Administrator to approve Wireless Facility Access Permits to establish new Verizon Wireless cell sites attached to utility poles in the public right-of-way in the Alamo and Walnut Creek area of unincorporated Contra Costa County. General Plan and Zoning All of the proposed sites are located within the Single-Family Residential –Low Density General Plan Land Use Designation and the R-20 Single- Family Residential Zoning District #WA17-0008 #WA17-0013 #WA18-0002 #WA18-0003 #WA18-0004 Background The County Zoning Administrator (ZA)approved the Wireless Facility Access Permits at public hearings held in October and November 2018. Timely appeals of the ZA’s decisions were received following the approvals. The County Planning Commission approved the Wireless Facility Access Permits at the Planning Commission meetings held on December 12,2018 and January 9,2019. Timely appeals of the County Planning Commission’s decisions were received following the approvals. Summary of Appeal Points #WA17-0008 The County Planning Commission erroneously denied the appeal,based on Verizon Wireless'rebuttal to information the appellant presented about potential sight distance obstruction.Therefore,the Commission did not recognize that the new facility would increase an existing safety risk due to poor visibility at the intersection of Danville Boulevard and Francesca Way. #WA17-0013 Appeal Point #1:There is no need for improved wireless network capacity. Appeal Point #2:CA constitution requires the County to protect residents. Appeal Point #3:FCC regulations constrain local discretion. Appeal Point #4:Aesthetic impacts incommode public use of the right-of-way. Appeal Point #5:Installed facility may not reflect approved plans. Appeal Point #6:Inconsistent with residential zoning district. Appeal Point #7:The facility will be a fire hazard. Appeal Point #8:Liability for negative impacts related to RF exposure. Appeal Point #9:Local government has regulatory authority over utilities #WA17-0013 Continued Appeal Point #10:The project will lower neighboring property values. Appeal Point #11 :Hard wired fiber optics connections would be preferable within residential neighborhoods. Appeal Point #12:The County should require annual recertification of RF emissions originating from the facility. #WA18-0002 Appeal Point #1:The proposed wireless telecommunications facility would aesthetically clash with the "bucolic country lifestyle"of Alamo.(Appeal point is similar to Appeal Point #4 for County File #WA17-0013) Appeal Point #2:The proposed cell site is unnecessary because it would not address current network coverage or capacity needs.(Appeal point is similar to Appeal Point #1 for County File #WA17-0013) Appeal Point #3:The proposed cell site would decrease property values.Lowered property values would negatively affect the local public school system.The County Wireless ordinance gives discretion to deny permits for reasons outside of the issuance requirements.(Appeal point is similar to Appeal Point #10 for County File #WA17-0013) Appeal Point #4:Neither the Federal Telecom Act of 1996 nor Chapter 88-24 (Wireless Telecommunications Facilities)of the County’s Ordinance Code show any prohibition on annual electromagnetic emissions (EME)measurements.The Zoning Administrator is within the County’s legal rights in making annual EME measurements a condition of approval.(Appeal point is similar to Appeal Point #12 for County File #WA17-0013) Appeal Point #5:The proposed antenna is a fire risk.(Appeal point is similar to Appeal Point #7 for County File #WA17- 0013) #WA18-0003 Appeal Point #1:The proposed Verizon Wireless cell site is not the least intrusive design.In addition, pole mounted equipment would make the utility pole unstable and possibly block the drainage ditch in which the pole is located. Appeal Point #2:The proposed wireless telecommunications facility would cause financial loss to homeowners on and adjacent to Meadow Road.(Appeal point is similar to Appeal Point #10 for County File #WA17-0013) Appeal Point #3:There is a lack of need for a new Verizon Wireless facility on or near the Meadow Road/Tice Valley area.(Appeal point is similar to Appeal Point #1 for County File #WA17-0013) Appeal Point #4:The project violates the County Wireless Ordinance because the location and design is not consistent with state and federal requirements to “protect and enhance the public health,safety, and welfare of County residents”. Appeal Point #5:Approval of the proposed project would be a violation of the California Constitution and deprive the appellants of life,liberty,or property without due process of law or deny equal protection under the law.(Appeal point is similar to Appeal Point #2 for County File #WA17-0013) #WA18-0004 Appeal Point #1:Replacing the existing utility pole and adding Verizon Wireless cell site infrastructure would create a fire and falling apparatus hazard.(Appeal point is similar to Appeal Point #7 for County File #WA17-0013) Appeal Point #2:The RF emissions from the proposed cell site would encroach and trespass through adjacent properties. Appeal Point #3:The FCC public health standards cannot be relied upon. Appeal Point #4:No EIR has been conducted. Appeal Point #5:No public health study has been conducted. Appeal Point #6:The ZA failed to limit the permit scope,thus allowing expansion to higher cellular frequencies with minimal oversight.Other carriers may also choose to establish wireless telecommunications facilities on other utility poles. Appeal Point #7:Neighborhood property values will be adversely affected due to visual and aesthetic impacts during construction and failure to comply with design guidelines.The applicant also failed to explore other viable options for the proposed wireless facility.(Appeal point is similar to Appeal Point #10 for County File #WA17-0013) Photo Simulations #WA17-0008 #WA17-0013 #WA18-0002 #WA18-0003 #WA18-0004 Elevations #WA17-0008 Southeast #WA17-0008 Northeast #WA17-0013 West #WA17-0013 South #WA18-0002 Southeast #WA18-0002 Northeast #WA18-0003 North #WA18-0003 North #WA18-0004 Southwest #WA18-0004 Southeast Staff Recommendation Staff recommends that the Board of Supervisors DENY the appeals and UPHOLD the County Planning Commission's decisions to approve Wireless Facility Access Permits. QUESTIONS? RECOMMENDATION(S): 1. OPEN the public hearing on an appeal of a Planning Commission decision to approve a wireless facilities access permit for a Verizon Wireless cell site on a utility pole in the Creekdale Road right of way in unincorporated Walnut Creek (Permit No. WA17-0013), RECEIVE testimony, and CLOSE the public hearing. 2. DETERMINE that County File #WA17-0013 is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15303. 3. DIRECT the Department of Conservation and Development to file a CEQA Notice of Exemption with the County Clerk. 4. APPROVE a wireless facility access permit for a Verizon Wireless cell site on a utility pole in the Creekdale Road public right of way in unincorporated Walnut Creek (Permit No. WA17-0013). 5. APPROVE the findings in support of Permit No. WA17-0013. 6. APPROVE the conditions of approval for Permit No. WA17-0013. 7. DENY the appeal of Jodi Nelson. FISCAL IMPACT: The applicant has paid the initial application deposit, and is obligated to pay supplemental fees to cover any and all additional staff time and materials costs associated with the processing of the application. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes:See Addendum VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Adrian Veliz, (925) 674-7798 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D. 7 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:February 26, 2019 Contra Costa County Subject:Verizon Wireless Access Permit #WA17-0013 BACKGROUND: Project Description: The project is to establish a new Verizon cell site within the Creekdale Road public right-of-way. The proposal involves installing a seven-foot wooden pole extension atop the existing utility pole. A two-foot canister antenna would be mounted above the pole extension, resulting in an approximately nine-foot increase in overall pole height. A pole-mounted standoff bracket with disconnect switch and ground buss bar is proposed between eight to ten feet above ground level. Ancillary equipment associated with the operation of the pole-mounted antenna is proposed to be located within a 32 square-foot equipment area, located at ground level five feet east of the utility pole. A six-foot redwood fence surrounding the at-grade equipment area would provide visual screening for ancillary equipment. At-grade ancillary equipment includes: 6-foot tall redwood fence (screening enclosure); Two (2) RRU units; Two (2) diplexers; Two (2) Power supply units; Six (6) Hybrid Combiners; One (1) Power meter. Appeal Of The County Planning Commission’s Decision: The County received one appeal of the County Planning Commission’s decision approving the establishment of the new Verizon Wireless telecommunications facility. In a letter dated received December 10, 2018 (attached), Ms. Jodi Nelson (appellant) provided many points of concern with the project. Staff has summarized the appeal points contained in the letter and has provided a discussion of each point below. Review of Points Raised in Appellant’s Appeal Letter: Summary of Appeal Point #1 “Capacity”: The applicant contends that the Telecom act discusses a distinction between “essential services v. non-essential services”. Verizon’s stated goal to expand network capacity may simply allow the network to handle more data-intensive tasks that are not essential activity. Staff Response: State law gives telephone corporations, including wireless telecommunications providers, a franchise to construct and maintain their facilities within public roads and highways rights of way “in such a manner and at such points as not to incommode the public use.” (Pub. Util. Code, § 7901). Neither section 7901, nor the County Wireless Facilities Ordinance (Ordinance Code Chapter 88-24; the “Wireless Ordinance”), requires Verizon Wireless to demonstrate a technological necessity for capacity upgrades to their network. Summary of Appeal Point #2 California Constitution : The California Constitution calls for elected officials and paid employees to promote and preserve the health, welfare and economic viability of all residents, voters, and taxpayers. Staff Response: Chapter 88-24 of the County Ordinance Code provides for the orderly development of wireless telecommunications facilities within unincorporated areas of Contra Costa County. The Wireless ordinance includes a requirement that all facilities demonstrate compliance with radio frequency exposure standards adopted by the Federal Communications Commission (FCC). Compliance with FCC standards ensures that the site will not result in excessive public exposure to radiofrequency emissions. The Wireless Ordinance includes numerous design requirements specifically for telecommunications facilities located within a public right-of-way. Design guidelines for such facilities ensure that they do not impede vehicular circulation, pedestrian circulation, or parking within the right-of-way. This section of the Wireless Ordinance also specifies that all improvements within the right-of-way must be designed and located in a manner that does not violate accessibility requirements of the Americans with Disabilities Act (ADA). Finally, provisions specific to facilities within the right-of-way prohibit advertising, illumination, or the blockage of illumination from streetlight poles. The proposed Verizon wireless facility is consistent with all of the aforementioned design guidelines. Additional safety and security standards applicable to all wireless telecommunications facilities require equipment enclosures to be locked at all times, limit lighting on any antenna or antenna support structure, and include physical measures designed to prevent climbing by unauthorized persons. The project is consistent with these safety and security measures. Furthermore, approval of an encroachment permit is required to ensure that the construction of the approved facility proceeds in a safe manner. The Contra Costa County Public Works Department has reviewed the project, including a traffic control plan that would safely guide pedestrian, bicycle, and vehicular traffic in, around, and by construction and installation work. The Public Works Department has also provided comments and conditions of approval specific to the Encroachment Permit portion of this project. Compliance with all Encroachment Permit conditions ensures that the construction of the project does not pose a significant risk to travelers within the right-of-way. Improvements to the reliability of wireless telecommunications infrastructure in the County is generally beneficial to residents, first responders and commuters in the vicinity. The project’s conformance to design criteria within the Wireless Ordinance, and compliance with all conditions of approval, ensure the facility is consistent with the stated goal to protect the health, safety, and welfare of County residents. Summary of Appeal Point #3 “FCC Bullying”: The FCC allows industry to make policy. They are streamlining rules for wireless providers that take away the rights of local governments to govern independently, rights that are guaranteed by the California Constitution and United States Constitution. Staff response The County is required to comply with all applicable federal, state, and local laws and regulations that govern permitting of wireless facilities in public rights of way. Summary of Appeal Point #4 “Aesthetics”: The County has discretion to regulate cellular facilities on the basis of aesthetics as confirmed by California Appeals Courts in their decision on T-Mobile W., LLC v. City & County of San Francisco. Staff Response: The County exercises discretion relating to the aesthetics of wireless telecommunications facilities, as codified under County Ordinance Code. Section 88-24.408 of the Wireless Ordinance provides design guidelines meant to improve aesthetics of wireless facilities. These guidelines require that the proposed equipment be painted to match their surroundings, limit the height of pole-top installations, and limits the number of antennae that may be placed on a utility pole. Verizon has agreed to paint all pole mounted equipment to match the existing pole. The project is conditioned (COA #15) to ensure that this occurs. The ordinance allows no more than four antenna enclosures on a single utility pole and no antenna may not extend more than 10 feet above the height of the existing pole. The project proposal would locate a single antenna approximately nine feet above the top of the existing pole. Thus, the project is consistent with these criteria. Wireless facility design guidelines also require that any facility within a residential zoning district must be a low-visibility facility. The require that any facility within a residential zoning district must be a low-visibility facility. The ordinance defines low-visibility facilities to include those installed on an existing utility pole. Thus, the project is consistent with the applicable design criteria in the County's Wireless Ordinance. The appellant contends that because elements of the facility will be visible, it will obstruct the public use of the right-of-way. The facility will not incommode the public use of the right-of-way. Summary of Appeal Point #5 “Section 6409(a)" Carriers misrepresent equipment proposed for facilities. The County has no recourse to prevent them from adding equipment beyond what was approved because 47 C.F.R., § 1.400001 (codifying Section 6409 of the Spectrum Act) gives carriers the right to expand facilities an unlimited number of times. Staff Response: The appeal point is incorrect. Condition of approval #8 requires that any future minor alteration to this facility will require a minor alteration permit issued under the County Wireless Ordinance. Condition of Approval #4 specifies that “non-compliance with the approved conditions and/or the ordinance code provisions, after written notice thereof, shall be cause for revocation proceedings”. Furthermore, the County routinely conditions the approval of cellular facilities to require ongoing compliance reviews for cell sites throughout the life of the permit. During compliance reviews, an inventory of all existing equipment can easily be compared to the original approval. Thus, the conditions of approval for this wireless access permit provide a means for the ongoing monitoring of the Verizon facility and, if necessary, measures to bring a non-compliant site into conformance. Summary of Appeal Point #6 “County Ordinance”: A commercial zoning district would be a more appropriate location for this equipment. Staff Response: County Ordinance Code section 88-24.404 specifies that high-visibility facilities may not be located in, or within 300 feet, of any residential zoning district. However, this facility is not a high-visibility facility. This facility meets the definition of a low-visibility facility under County Ordinance Code Section 88-24.204 (p)(4) because the facility will be mounted on an existing utility pole. Therefore, the County has no basis to require Verizon to move this facility adjacent to or within a commercial zoning district. Under Public Utilities Code section 7901, Verizon may place this telecommunication facility in the public right of way. The applicant has analyzed alternative locations for this facility in accordance with Ordinance Code Section 88-24.604(d)(3). The proposed location for this facility is preferred over those alternatives because nearby poles are relatively cluttered with existing equipment, transformers, and guy wires, that preclude the needed space for Verizon's equipment. Finally, the facility qualifies as a low-visibility facility because it will be mounted on an existing utility pole. (Ord. Code, § 88-24.204(p)(4).) Ordinance Code section 88-24.404 cited by the appellant restricts the location of high-visibility facilities, which are any facilities that do not meet the definition of a “low visibility facility” under the County’s Wireless Ordinance. (See Ord. Code, §88-24.204(n) (defining high-visibility facility). Therefore, Ordinance Code section 88-24.404 does not prohibit this low visibility facility from being located at the location designated in the permit. Summary of Appeal Point #7 “Fire Hazard”: PG&E equipment is suspected to be the cause of recent fires. Extra precautions should be taken before adding equipment to these poles. Tree branches are currently near the power wires on this pole which can create a clearance problem under General Order 95. Staff Response: The County routinely forwards applications for new wireless facilities to local Fire Protection agencies for comments. The County has not received any indication from the Contra Costa County Fire Protection District that the project represents an elevated risk of wildfire. As required by state law, PG&E engineers, in cooperation with Verizon Wireless, confirm the structural capacity of a proposed utility pole to determine if it is structurally sufficient. Similar applications for Verizon deployments within the proposed small cell network (processed concurrently with this application) involved replacing utility poles where structural engineers determined that an existing pole could not handle the additional equipment. Thus, Verizon has demonstrated a willingness to replace poles where necessary to accommodate new equipment. There is no evidence in the record to suggest that the subject utility pole is unable to accommodate additional equipment or that it poses a fire risk. If approved, construction plans will be subject to review by the Contra Costa County Fire Protection District and the County Building Inspection Division. Compliance with applicable Building and Electrical Codes, Fire Code, and Statewide regulations for utility poles in public rights-of-way, ensures that the project will not represent an elevated risk of wildfire. The presence of tree branches growing near existing power lines can be addressed by routine pruning which can be undertaken, as needed, during the course of constructing the facility. Encroachment permit condition of approval #45 requires the applicant to notify the County of any unintended damage to mature trees. After assessing the damage, the condition requires either consulting with an arborist for advice on saving the affected tree, or the replacement of the tree. Over time, it is expected that the pruned tree branches would again grow back into the proximity of existing PG&E lines. To assist with this ongoing concern, PG&E offers a complimentary service to help homeowners safely prune trees near power lines or to report dead trees near power lines. Summary of Appeal Point #8 “Liability”: Electromagnetic frequencies are uninsurable and have been deemed by insurance companies to be potentially harmful. Negative effects from radio frequency exposure can result in litigation and substantial legal fees. The County has assumed liability for the facility. Staff Response: Federal law completely preempts the County’s ability to regulate the placement, construction, or modification of personal wireless service facilities based on the effects of radio frequency (RF) emissions on health or the environment. (47 U.S.C., § 332(c)(7)(B)(iv); Telespectrum, Inc. v. Public Services Comm. of Kentucky (6th Cir. 2000) 227 F.3d 414, 424); see also AT&T Wireless Services of Southern California, LLC v. City of Carlsbad (C.D. Cal. 2003) 308 F.Supp.2d 1148, 1159.) As long as the facility is designed and operates within the RF ranges established by the Federal Communications Commission, the County may not condition or prohibit the establishment or operation of the facility on any basis related to its RF emissions. The applicant has submitted a RF report demonstrating that the proposed installation would not generate emissions exceeding FCC regulations for exposure to RF emissions. Additionally, the CPC approved condition of approval #26, requiring in-field verification of emission levels originating from the facility. These field measurements are required to be taken again in the event that equipment is added or replaced. Summary of Appeal Point #9 “CPUC 2902”: Public Utilities Code section 2902 grants local governments the ability to regulate utilities in matters affecting the health, convenience, and safety of the general public. Staff Response: California Public Utilities Code section 2902 is one statute that must be read together with other state and federal laws and regulations that govern wireless telecommunications facilities. The County’s Wireless Ordinance was adopted to regulate wireless telecommunication facilities in accordance with those state and federal laws and regulations, consistent with the County’s authority under Public Utilities Code section 2902. Summary of Appeal Point #10 “Real Estate Values”: The negative aesthetic impact will decrease the property value of homes in the area. Approving this facility will violate my constitutional rights because the facility will decrease my property’s value. Staff Response: Section 88-24.612(b)(4) of the County’s Wireless Ordinance includes the findings that must be made before a wireless access permit will be issued. Those findings do not require analysis of the project’s impact on property values in the surrounding area. Therefore, a wireless facility access permit cannot be denied based on an allegation of diminution of adjacent property values. The appellant alleges that the facility will cause a diminution in her property’s value, which would give rise to a cause of action against the County. The appellant does not identify what cause of action it would give rise to, but we presume the appellant is inferring the cause of action would be one for inverse condemnation. According to the Court of Appeal in Oliver v. AT&T Wireless, “the mere displeasing appearance in size and shape of a neighboring structure [a wireless tower] that is otherwise permitted by law, the only admitted effect of which is an alleged diminution in value of the adjacent property, cannot constitute a nuisance or give rise to an inverse condemnation claim.” (Oliver v. AT&T Wireless (1999) 76 Cal.App.4th 521, 524.) Here, the facility is permitted by law and the applicant has satisfied all requirements of the County’s Wireless Ordinance. Therefore, the County’s approval of a permit for the facility will not give rise to a cause of action for inverse condemnation based on alleged diminution in property values. Finally, the evidence in the record presented by the appellant does not establish that this facility at this location will negatively impact the appellant’s property, or any specific property. The evidence submitted by the appellant is generalized and based in part on a study from New Zealand. The work of Dr. Sandy Bond, PhD, has been cited prominently as a basis for this appeal point. In an email to County staff, Dr. Bond characterized her findings on potential impacts of cell sites on property values in the U.S. as “not very significant”, and further cautioned that such price impacts may be even smaller in “tight” markets where lower housing inventory leave buyers with fewer choices. According to Dr. Bond, buyers in low-inventory markets “may be prepared to live in closer proximity to a cell phone tower than otherwise may be the case in a slower market” where more properties are available for sale. Therefore, the oft-cited results of Dr. Bond’s prior New Zealand study finding (characterized by Dr. Bond as “on average a 12% decrease”) may not be indicative of potential price impacts in other markets. Staff is unaware of any conclusive studies demonstrating that the presence of a wireless facility would have a significant negative impact on the value of neighboring properties. Summary of Appeal Point #11 “Fiber Optics”: The appellant would prefer hard-wired fiber-optic data connections over wireless telecommunications facilities. Staff Response: The appellant’s preference for fiber optic technology is not a legally defensible basis for denying a wireless access permit under the County’s Wireless Ordinance. The County’s Wireless Ordinance requires an evaluation of alternative locations for a wireless facility in the public road right of way, but it does not require an evaluation of alternative technology. (See Ord. Code, § 88-24.604(d)(3).) Further, the County may not regulate the type of technology that a wireless carrier uses; the FCC regulates technology. (New York SMSA, L.P. v. Town of Clarkstown (SDNY 2009) 603 F.Supp. 715, 725; see also 47 C.F.R., § 24.50.) Summary of Appeal Point #12 “Required Recertification”: Burlington, Massachusetts formed a committee specifically for the review of small cell applications. I believe the County has the right to request similar yearly evaluations of these installations. Staff Response: The County’s approval of this application is consistent with the County’s Wireless Ordinance, and state and federal laws and regulations that apply to wireless telecommunication facilities. The County’s Wireless Ordinance does not currently require annual RF emission measurements to be performed. Condition of Approval #26 requires in-field radio frequency measurements to be taken following facility construction to verify compliance with FCC standards. The condition also requires new RF field measurements in the event that equipment is added or replaced. These conditions of approval are consistent with what is required under the current Wireless Ordinance. These conditions are intended to ensure that the equipment installed at this location, and the resulting RF emissions, are consistent with the FCC-established RF limits. Project History This application was submitted by On Air, LLC on October 19, 2017, requesting to establish a new Verizon Wireless Telecommunications Facility within the Creekdale Road right-of-way. On September 7, 2018, a “Notice of Intent to Render and Administrative Decision” was mailed to property owners within 300 feet of the project site. A timely request for a public hearing was received by the County on September 12, 2018. On October 1, 2018, this application was considered by the County Zoning Administrator (ZA) at a public hearing. After taking testimony on the project, the ZA closed the public hearing and continued the item to October 15, 2018. The ZA approved the project with an added condition of approval (COA), and required annual measurements of electromagnetic emissions, to ensure that emissions generated by the site do not exceed public exposure limits, as set forth by the Federal Communications Commission (FCC). The ZA decision was appealed by Jodi Nelson, a neighboring property owner, on October 24, 2018. The County received one additional appeal from Verizon Wireless on October 25, 2018. The Nelson appeal cited several points of contention with the Verizon facility. The appeal of the Wireless Access Permit was heard by the County Planning Commission (CPC) meeting held on November 28, 2018. The CPC approved the project as recommended by staff by a vote of 5-1. Conclusion: The appeal points are similar to the appeal points presented to the CPC and do not provide support for overturning the ZA’s approval or the CPC’s 5-1 vote to uphold the ZA’s approval. The proposed Verizon cell site complies with the County Wireless Telecommunications Facilities Ordinance and would not conflict with the Single-Family Residential Low Density (SL) General Plan land use designation, or the Single-Family Residential (R-20) Zoning District. The project is also consistent with State and Federal laws and regulations governing wireless telecommunication facilities, and the location of facilities within a public right-of-way. Additionally, staff has determined that the project, as conditioned, is the least obtrusive design. Therefore, staff recommends that the Board of Supervisors deny the appeal and sustain the County Planning Commission’s approval of County File #WA17-0013, based on the attached findings and subject to the attached conditions of approval. CONSEQUENCE OF NEGATIVE ACTION: If the Board of Supervisors grants the appeal, the County Planning Commissions decision to uphold the County Zoning Administrators approval of a Wireless Access Permit will be overturned. Verizon Wireless would be unable construct the proposed new Wireless Facility within the Creekdale Road right-of-way. CLERK'S ADDENDUM Speakers; Matt Lewis; Cathy Wojan; Joia Boos; Cathy Wojan;  Gina; Art Scimia, Meadow Lane Improvement Association;   David Baer; Lisa Snortum-Phelps; Ruth Strong; Kraj Khararjan; Linda Uhrenholt; Roger Smith; Anne Goldman; Alex Krueger; Megan Maddern; Melanie Volk; Kimberly Crowe; Shannon Erickson; Nadine Whisnant; Jill Sanchez. Written commentary was received from (attached): Jami Tucker, Christine Scimia, Rob Harrison, Scott Maddern, Erin Lewis, Blessings Robertson-Winn, Elaine Gast, Judy DeYoe, Kirsten Muzinich, Rachel Day, Melanie Volk, no name, Irene Amido, Penelope Kojina, Tanya Krueger, Hayuta Jain, Susanne Frey, Jodee Brydges, Alex & Tanya Krueger,Kate Rudick, Christina Heil, Mandula Rewal, Kimiko Nguyen, Mitch Tunick, Karrie Haneman, Barry Winters, Tarplaijo, Eunice Chan, Christine Brashear, Miriam Winters, Bradley Hillbrandt, Laura Hillebrandt, Elizabeth Yuan, Devon Mitzel, Brett Pels, Woodie Dixon, Edward Volk, Hanh T. Estep, Joe & Paula Buenavistas, Mary Dietler, Lianna Gatto, Melanie Volk, Wendy Ko, Caroline Sherborne & Charles Bouch. CLOSED the public hearing; DETERMINED that County File #WA17-0013 is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15303; DIRECTED the Department of Conservation and Development to file a CEQA Notice of Exemption with the County Clerk;  APPROVED a wireless facility access permit for a Verizon Wireless cell site on a utility pole in the Creekdale Road public right of way in unincorporated Walnut Creek (Permit No. WA17-0013); APPROVED the findings in support of Permit No. WA17-0013; APPROVED the conditions of approval for Permit No. WA17-0013 with amendments: (1) within 15 days after facility installation, Verizon must complete radio frequency (RF) testing at the facility, and, at the same time, Verizon must perform RF testing for interested property owners at their properties within a 300 foot radius of the facility, and (2) one year after facility installation, Verizon must re-perform RF testing at the facility, and, at the same time, perform RF testing for interested property owners at their properties within a 300 foot radius of the facility; and DENIED the appeal of Jodi Nelson. AGENDA ATTACHMENTS Maps Plans Appeal Findings and Conditions of Approval Radio Frequency Report Court Dec. T-Mobile vs. SF PowerPoint Presentation MINUTES ATTACHMENTS Written Public Commentary Response - Verizon Wireless CAPACITY If we are to consider Capacity as the reason Verizon is putting this small cell in the location at 184 Creekdale Road, we need to consider what the Telecom Act says about essential services v. non- essential services. Wireless video transmission, i.e. data intensive tasks, equals capacity and are an economic activity that is not an essential activity. Therefore, this does not qualify for “preemption” of local authority. Congress specified the difference between essential, and non-essential and none of the wireless pleas for “capacity” is covered in the black letter laws passed by congress; The 1996 Telecom Act; nor the 2012 Spectrum Act. 1 2 CALIFORNIA CONSTITUTION As the California Constitution relays, your primary duty as elected officials (and paid employees) is neither convenience, nor the promise of a future of economic growth, but to promote and preserve the health, welfare and economic viability of all residents, voters and taxpayers. FCC BULLYING I know you’re aware of the September 25, 2018 letter to the FCC, written by the Democratic Subcommittee on Energy and Technology, regarding the rights of local governments. This is another point that should be considered when making these decisions. I understand that Contra Costa County felt the need to add comments to this letter. The FCC is bullying all of us since 1996. They continue to streamline new rules taking away local governments the right to govern independently, that are guaranteed by the Federal and California Constitution. I agree with you that we should have these guarantees restored! And we should stop the FCC & TeleCom from bullying us! We are allowing industry to decide policy. That’s allowing the fox to watch over the chicken coop. We have the ability to make decisions here that are win-win! Because you sent comments to the Congressional 3 4 Committee on Energy and Technology regarding FCC overreach, you’re confirming the issue and you’re now aiding and abetting the FCC by approving these. AESTHETICS And lets not forget that you still have discretion when it comes to Section 7901 which has been held up in court, California Court of Appeal, in T-Mobile West LLC v. City and County of San Francisco, (2016), which agreed with the defendant’s interpretation that negative aesthetics of the equipment incommodes the public use in that “Beautiful views enhance property values and increase the City’s tax base, the City’s economy, as well as the health and well-being of all who visit, work or live in the City, depends in part on maintaining the City’s beauty.” This applies to our Contra Costa neighborhoods. This interpretation shows that cities still enjoy discretion when determining aesthetics when placing wireless facilities. I contend that this would include the fact that people see a 5 camouflaged extended pole with 4G antenna, equipment on the ground the size of a refrigerator with a fence that has an attached “WARNING” sign; well, this screams incommode! I mean, who wants a commercial antenna in their neighborhood no matter if it’s disguised as a tree or a svelte tin can? It’s still a commercial application being placed in a neighborhood! Again, incommode! https://www.fcc.gov/general/telecommunications-act-19961 https://fas.org/sgp/crs/misc/R43256.pdf2 https://www.cnet.com/news/how-5g-pits-the-fcc-and-carriers-against-local-governments/3 https://mcnerney.house.gov/sites/mcnerney.house.gov/files/McNerney%20Letter%20to%20Chairman%20Pai_09.25.18.pdf4 http://emfsafetynetwork.org/wp-content/uploads/2018/04/April-24-2018-Letter-to-EMF-Safety-Network-re-Wireless-c1.pdf5 SECTION 6409(a) As well, the applicant can omit to mention a part of the equipment that’s to be mounted near, or on the pole, either because they’re rushed or because they don’t want to answer objections. The county is left holding the bag, inspecting each constructed small cell in order to confirm whether the applicant exceeded what they were authorized to install. Don't’ believe this actually happens? Just ask the residents in Santa Rosa, Ca. 6 The drawings provided by Peter Hilliard, On Air, LLC may not be what will actually be placed on this pole. It has become common for these contractors to show you these elegant drawings, that lack 7 intrusion, noise and blend in, when in fact they will intentionally add equipment not included in the original drawing after the initial installation. And what is the county’s recourse? You don’t have one. Section 6409(a) has taken every bit of oversight away from local agencies. These small cells differ from any of the permits you have EVER generated. Once the wireless DAS node is attached to the pole, the carriers have right under Section 6409(a) of the Middle-Class Tax Relief and Job Creation Act to expand their equipment. See specifically 6409(g) Substantial Change on the NACO site. “ In 8 9 other words, once a site is built, local governments have little power to restrict further expansions for these small cell antenna equipment if the applicant stays within the limits of 6409(a). Moreover, wireless companies can request to expand an unlimited number of times, so even a small cell that starts off looking small and svelte could be expanded in size immediately without the municipality being able to stop the expansion. And this can happen over and over again. I realize you believe the contractor is being up front, and he might be, but I can assure you, Verizon isn’t. 10 COUNTY ORDINANCE At this point, you still have the ability to consider another place for this small cell. I personally believe that a commercial zoned area would be the most suitable place for this 4G small cell. I believe that even though this is a “small cell”, it still a commercial application. Per County Location Requirements;11 88-24.404. No new height visibility facility or new tower may be established in or within 300 feet of any of the following: (a) A single-family residential (R-), two-family residential (D-1), multiple family residential (M-), water recreational (F-1), mobile home/manufactured home park (T-1), or Kensington combining (-K) zoning district. (b) A residential lot within a planned unit (P-1) zoning district. (Ord. 2016-11 §2.) http://emfsafetynetwork.org/how-to-oppose-small-cell-5g-towers/6 https://www.steelintheair.com/Blog/2017/04/top-10-things-the-wireless-industry-doesnt-tell-you-about-small-cells.html7 http://naco.org/sites/default/files/Model-Ord-NACo.pdf8 https://www.fcc.gov/general/telecommunications-act-19969 https://www.gpo.gov/fdsys/pkg/PLAW-112publ96/pdf/PLAW-112publ96.pdf10 http://www.cccounty.us/DocumentCenter/View/41431/Wireless-Telecommunication-Facilities-Ordinance?bidId=11 88024.204 (p) describes a “low visibility” means any of the following: This is a weak argument showing that you are forcing an ordinance to work when these small cells didn’t even exist when this was written. You would not stick a cell tower in a neighborhood, yet you’re willing to place a compact version, with the same capabilities, where it doesn’t belong. Another point to make is that you made no effort to find a better location. Why? Lastly, these cells are new technology, and the ordinance codes need to be updated to reflect that? Other cities recognize this and have updated their codes. HINT: just because they are small, doesn’t mean they belong in neighborhoods! FIRE HAZARD As well, you need to consider the load this will place on the pole. In 2007 three utility poles next to Malibu Canyon Road toppled and ignited a fire. The blaze burned 3,836 acres and destroyed or damaged dozens of structures and vehicles. In 2013 Verizon and SoCal Edison were found guilty and a 60 million dollar settlement was paid out. 12 A New York Times article dated, November 15, 2018, determined that equipment owned by PG&E, including power lines and poles was responsible for at least 17 of 21 major fires in Norther California last Fall. The cause of the recent Paradise fire is suspected to have been caused by power lines 13 and a pole as well. This calls into question current building guidelines and ordinances surrounding these poles and the collocation of these poles. With fires becoming so prevalent in California, I believe it would be prudent to take extra precautions before adding extra electrical equipment and weighted loads to these poles. This could be a cause of action. GENERAL ORDER 95 After that the 2007 Malibu Canyon fire the State of California determined the likely cause was a trio of top heavy electric wire poles had snapped during heavy winds. CPUC’s Safety and Enforcement Division filed a petition to modify General Order 95 on May 6, 2016 to enhance CPUC’s ability to enforce safety rules. In Santa Rosa, a pole was affixed with a slender small cell fixed to the top of 14 the pole and the pole is already leaning. In the photo (attached) as well as provided in the footnote, 15 you will notice that this pole has a small antenna, similar to the one that is to be placed at 184 Creekdale Road. This shows that even these small antennas can cause leaning issues and potential problems under heavy wind conditions. I’ve also added photos of trees that obstruct the wiring of these poles. Two of the trees are Heritage Oaks. These Oak branches are now at the wires and will be a future problem with the wiring. Because General Order 95 requires a clearance around these installations, and I contend that this will create an ongoing problem, and that this could potentially turn into a fire issue. (Attachment A) http://articles.latimes.com/2013/may/20/local/la-me-ln-edison-admits-errors-in-malibu-fire-settles-now-top-60-million-2013052012 https://www.nytimes.com/interactive/2018/11/29/opinion/sunday/california-wildfires-forest-management.html13 https://insidetowers.com/cell-tower-news-california-eyes-pole-overloading-safety-issues/14 http://emfsafetynetwork.org/wp-content/uploads/2018/05/small-cell-tower-junkyard-on-a-pole7.jpg15 As well, you now have been made aware of the potential these poles present for fires and the potential dangers to a neighborhood that sits in a valley that butts up against drought stricken hills, dry grass, trees and other vegetation and is densely populated with homes and families. Because you have been made aware of potential pole loading and electrical equipment loading, this now becomes a liability issue with Contra Costa County in the case that this pole is implicated in yet another California fire. This could be a cause of action.16 LIABILITY Speaking of liability, did you know that the electromagnetic frequencies are not insurable? That means all technology that utilizes these frequencies have been deemed as potentially harmful and Insurance companies, like Lloyds of London, excludes RF’s from their insurance policies. By the 17 way, Lloyds of London insures things when others won’t. As a matter of fact, Wireless companies have warned shareholders about future financial risk from electromagnetic radiation. As well, a recent article in Willis Views, a real estate and hotel practice periodical, published an article which appeared in March 2013 about the litigation surrounding EMF’s and the affect they have on property values and health. They relayed that there are already lawsuits that have been litigated regarding this very thing. As the article points out, “as the science becomes clearer, the legal defense costs can be staggering!” And now, you can’t claim ignorance. It’s now public record. And here’s something else Verizon 18 doesn’t want you to know, once you sign off on these, you have taken all responsibility and for all liability, because remember, Verizon, nor their contractors, have any insurance for any harm that may come from these installations. This technology is uninsurable. Again, I’m putting the County on notice. This could be a cause of action. You will be held liable for all harm to human life, property values, and property harm with the approval of these cells. CPCU 2902 Under the CUCU 2902, local governments still have considerable abilities to regulate these “utilities.” “This chapter shall not be construed to authorize any municipal corporation to surrender to the commission its powers of control to supervise and regulate the relationship between a public utility and the general public in matters affecting the health, convenience, and safety of the general public, including matters such as the use and repair of public streets by any public utility, the location of the poles, wires, mains, or conduits of any public utility, on, under, or above any public streets, and the speed of common carriers operating within the limits of the municipal corporation.19 Real Estate Values The negative aesthetic impact, among other concerns, will decrease the property value of our homes. a) The National Institute for Science, Law and Public Policy, based in Washington D.C., conducted a survey with 1,000 respondents in the U.S. and abroad, in June 2014, titled “Neighborhood Cell Towers and Antennas: Do they Affect a Property's Desirability?” https://www.sacbee.com/news/state/california/fires/article221861975.html16 https://ehtrust.org/key-issues/cell-phoneswireless/telecom-insurance-companies-warn-liability-risk-go-key-issues/17 https://www.willis.com/Documents/Publications/Industries/Real_Estate/Views_March2012_Facing_Future.pdf18 http://www.leginfo.ca.gov/pub/15-16/bill/asm/ab_2901-2950/ab_2902_bill_20160630_amended_sen_v98.pdf19 -94% of respondents stated that cell towers and antennas in a neighborhood or on a building would impact their interest in a property and the price they would be willing to pay for it. -94% stated that a cell tower or antennas attached to an apartment building would decrease their interest in and the price they would be willing to pay for it. -95% stated that they would opt to buy or rent another property with zero antennas on the building compared to a comparable property with several antennas. -79% stated that under no circumstances would they ever purchase or rent a property within a few blocks of a cell tower. -89% were concerned about the increasing number of cell towers and antennas in residential neighborhoods. 20 Of note, this was not a self-selected set of people who were skewed towards those who believed their health was at risk. The demographics of the respondents showed that slightly over half (57%) had experienced cognitive effects and 63% had experienced physical effects to RF emissions, while 43% and 37% had never experienced those effects, respectively, yet 94% would pay less for a property near a cell tower or antenna. b) This survey supported a more robust study performed by Sandy Bond, PhD, of the New Zealand Property Institute, and Past President of the Pacific Rim Real Estate Society (PRRES), published in The Appraisal Journal in 2006, The Impact of Cell Phone Towers on House Prices in Residential Neighborhoods . That study 21 found buyers would pay from 2% to 20% less, for a suburban home with a nearby cell tower. I read this study, and it is well designed, as you will see from my description. The study was a case control study, meaning that for every case with the item to be studied, which would be a suburban neighborhood near a cell tower (within 0.20 mi), a control was provided, which in this study was a neighborhood of comparable socio-economic and demographic characteristics, not near a cell tower (>0.62 mi). A total of 10 communities were studied (5 case communities and 5 control communities). Surveys were performed, and then an actual market analysis of real sales prices on homes was performed, which backed up the survey results. A similar study was performed by Dr. Bond in Florida, and the decrease in housing prices was 2%. Additional facts to communicate the credibility of this work is that The Appraisal Journal is the journal of The Appraisal Institute, the largest global professional membership organization for appraisers with 91 chapters. c) The California Association of Realtors requires that realtors disclose any material facts that affect the value or desirability of the property. One of these is the presence of a cell tower or antenna. d) A New York Times article of August 27, 2010, titled, A Pushback Against Cell Towers, highlighted a decrease in property values in Long Island due to cell tower/antenna installation. 22 The data I've presented includes surveys and pricing studies performed in multiple communities both in the U.S., and abroad. These are all suburban communities of developed countries, like ours. The data showing a decrease in property values of 2%-20% is endorsed by a reputable, international, professional organization of appraisers, such that one of the studies was a featured article in their professional journal, thus educating appraisers globally that this is a fact to be incorporated into their profession. Our own state's association of realtors acknowledges that close proximity of cell towers and antennas decreases property values in its code of professional ethics. Contra Costa County is not exempt from this phenomenon documented in more than one https://www.businesswire.com/news/home/20140703005726/en/Survey-National-Institute-Science-Law-Public-Policy20 http://electromagnetichealth.org/wp-content/uploads/2014/06/TAJSummer05p256-277.pdf21 https://www.nytimes.com/2010/08/29/realestate/29Lizo.html22 community in the U.S., as well as in several communities abroad. Not protecting my constitution right to property protection could be a “cause of action.” FIBER OPTICS With that said, if we want to work with Telecom to give them this viable economic edge to bring wireless television to every home across the country, then we should do it on our terms. Why aren’t we considering a better alternative to the small cell? Why are we not considering fiber optics? In 2015, engineers reported in Science that they’d broken the “capacity limit” for fiber optic transmission, opening the door to future networks that carry more data further at lower costs. 23 Fiber Optic cables installed to every home can provide 1,000 Mbps Internet download/upload speeds for $40 a month — for everyone in a city with no data caps, no data throttling and no RF Microwave radiation hazard. Fiber is by far the fastest, most secure, most reliable and most energy-efficient way to stream Internet and 4k video data — many thousands of times more energy-efficient than streaming video data Wirelessly through the air, from the curb, as Verizon Wireless, AT&T Mobility and others intend to do. California cities strive to be green cities. Fiber optic, not Wireless, delivers a much, much greener broadband solution. Underground fiber is the best, but fiber can be strung on Electric Utility Poles — Sonic does it all the time. FTTP (Fiber to the Premises) can leverage the many miles of fiber optic cable that have already been installed by AT&T California, our Title-II regulated State Telecommunications Utility — an installation of fiber that California residents already paid for with charges on Wireline AT&T landline phone bills over the last 25 years. The best solution would be one set of shared Title-II regulated fiber-optic cables to every home, which would create an even, fair and non- discriminatory playing field on which every Internet Service Provider (including Verizon, AT&T, T- Mobile and Sprint) can compete for your dollars, by offering Wireline Television/Video services — a better Wireline television video service than Comcast offers today. That's real competition and a solution that preserves the residential character of residential neighborhoods. It's a No Brainer: California cities can claim ownership over the many miles of fiber optic cable installed with public utility money within the city limits — lines that have been fully-depreciated and ignored by AT&T California. This smart action by cities can thwart the devious plan that is being aided and abetted by the FCC and the CPUC: a plan for private Wireless companies to steal this fiber, charge themselves virtually nothing to use it, while charging competitors (like Sonic) very high rates. Cities can stop this fraud and earn revenue to boot. Lots of it. Municipal Wireline broadband over fiber optic cables is much, much better than going through the expense, heartache and legal battles it will take to install four competing Wireless broadband networks in our neighborhoods that will require many thousands, if not millions of ugly, hazardous 4G/5G so-called "Small Cell" cell towers in residential zones. http://science.sciencemag.org/content/348/6242/144523 REQUIRED RECERTIFICATION In Burlington, Massachusetts citizens formed a Small Cells Committee to develop a policy for reviewing small cell applications. 24 Their criteria includes an annual recertification of equipment installations, with a fee assessed to the telecommunications vendor to pay for town employee time to oversee the recertification process. Verizon submitted seven small cell applications and upon learning of the annual recertification requirement and associated fee, the Verizon lawyer indicated his client would like to withdraw the small cell applications as they did not wish to establish a precedent for recertification fees. I believe the County has the right to request yearly evaluations of these installations and that the County should be in charge of it and should charge a fee to Verizon for the service! QUESTIONS 1.When these go up and they are drastically changed and since nothing can happen, how are you going to take this into consideration. Are you going to give the standard answer that there’s no real proof? 2.The equipment that’s on the ground utilizes an enormous amount of energy. How is it going to stay cool? I’ve been around equipment like this and equipment like this needs a way of keeping it cool. 3.I need to clarify cohabitation. It’s my understanding that another carrier can’t add to an existing pole that has an existing cell. And does this cohabitation apply to a carrier who wants to add equipment to an existing pole? Could you confirm that for me? 4.Once Verizon is approved in one location, when other carriers move into the existing area, its my understanding that by allowing this cell, you have set a precedent and that the other carriers will not have to go through the public notification process. 5.If you approve this small cell, it is the beginning of the push for 5G. How are you going to handle that? I’d also like to submit a rendering of what my neighborhood will look like with three carriers placing these small cells every 500 feet. 25 http://www.bcattv.org/bnews/top-stories/verizon-drops-small-cell-wireless-booster-application-in-face-of-fees/24 https://www.usatoday.com/story/opinion/2018/03/18/want-5-g-wireless-box-front-your-house-editorials-debates/410824002/25 ATTACHMENT A Pole at 184 Creekdale Road FINDINGS AND CONDITIONS OF APPROVAL – COUNTY FILE #WA17-0013, VERIZON C/O ON AIR LLC (APPLICANT) / PG&E AND NORTHERN CALIFORNIA JOINT POLE ASSOCIATION (OWNERS) I. FINDINGS A. Growth Management Performance Findings 1. Traffic: The establishment and operation of a telecommunications facility within a public right-of-way is not expected to increase existing traffic levels in the area. The facility is unmanned and employees would only need to visit the facility for occasional maintenance activities. Therefore, the project will not trigger an increase in traffic to the site during A.M. or P.M. commute hours. The construction phase of the project will require work within the right-of-way that will temporarily affect circulation in the immediate vicinity. The Department of Public Works has reviewed the project, including a traffic management plan for the construction phase, and provided comments and recommended conditions of approvals that have been incorporated into this document as encroachment permit COA’s (#26-93). Compliance with all encroachment permit conditions ensures the construction phase of this project can be safely completed without significantly affecting traffic flows within the public right-of-way. 2. Water: The project does not require water resources and, therefore, will not impact groundwater levels or the frequency in which they are depleted. There will be a negligible amount of impervious surface added to the site. The majority of the facility will remain pervious, thus not affecting the recharge of any aquifers that may exist in the area. 3. Sanitary Sewer: The project will not increase the demand for sanitary sewer service in the area, as the project does not involve an increase in population nor does it require sanitary sewer facilities. 4. Fire Protection: The subject property is located within the service area of the Contra Costa County Fire Protection District. Telecommunications equipment is not typically associated with an increased fire risk. Compliance with applicable Building and Fire Codes relating to the installation of this equipment will ensure the project does not result in an increased fire risk to people or property. 5. Public Protection: The project will not increase the demand for police services as there is nothing included in the proposal that will increase the population in the area. Telecommunication facilities do not typically require police presence. The site will be unmanned and will only require maintenance technicians to visit the site as necessary. Thus, the project will not increase the demand for police service facilities or personnel. 6. Parks and Recreation: The project will not increase the demand for parks or recreation facilities, as the project will not increase the housing stock in the County. 7. Flood Control and Drainage: The project is not located within a Federal Emergency Management Agency-designated special flood hazard zone and includes the construction of a negligible amount of new impervious surface. Therefore, the establishment of this wireless telecommunications facility is not anticipated to affect any flood control improvements or existing drainage patterns in the area. B. Wireless Access Permit Findings – 88-24.612(b)(4)(A): 1. Required Finding: The facility or substantial change will be designed in a manner that complies with the applicable requirements of Section 88-24.408. Project Finding: The project involves one 2-foot canister antenna, and pole extension, to be mounted upon an existing wooden utility pole. Associated equipment necessary for the operation of the site would be located at ground level in a 32 square-foot equipment area. The pole top equipment will result in an approximately nine-foot height increase for the pole. The Wireless ordinance limits such height increases to a maximum of 10 feet. All pole-mounted equipment will be painted to match the existing pole, and ground level equipment will be screened using redwood fencing; thus minimizing the equipment’s effect on the visual quality of the residential neighborhood, as required by ordinance. All pole- mounted equipment will be mounted a minimum of eight feet above grade to prevent the disruption of public use of the right of way. Thus the project, as conditioned, will meet the requirements of Section 88-24.408 for facilities located in the public right-of-way. 2. Required Finding: The facility or substantial change will not interfere with the use of the public right-of-way, or existing improvements or utilities located on, in, under or above the public right-of-way. Project Finding: Because the antenna and related equipment will be clear of the adjacent roadway and shoulder, the project is not expected to interfere with vehicular travel or parking within the right-of-way. The project will not interfere with curb, gutter, and storm drain improvements existing within the right -of-way adjacent to the pole. The project includes a wooden pole extension, upon which the antenna will be mounted, to provide separation distance between the existing PG&E power transmission wires and the telecommunications facility as required by the California Public Utilities Commission (CPUC). It is the applicants responsibility to maintain compliance with all CPUC regulations throughout the life of the permit. Compliance with all COA’s accompanying this approval and all CPUC regulations ensures the project will not interfere with existing improvements or utilities located on, in, under, or above the public right-of-way. 3. Required Finding: The facility or substantial change will not interfere with any vehicular, bicycle, or pedestrian use of the public right-of-way. Project Finding: The proposed facility is completely clear of the existing roadway and shoulder and will not interfere with vehicular or bicycle travel in this area. There are no sidewalks adjacent to the project site. However, if sidewalk improvements are constructed in the future, the pole mounted equipment is located at a sufficient height (eight feet minimum) above ground level as not to interfere with pedestrian use of the right-of-way. Therefore the project will not affect the use of the right- of-way for vehicles, bicycles, or pedestrians. 4. Required Finding: The facility or substantial change will not cause any violation of the accessibility requirements of the Americans with Disabilities Act. Project Finding: The facility will only be accessed by trained professionals for maintenance purposes. The facility will not interfere with vehicular circulation in the public right-of-way and there is no adjacent sidewalk in this area. The lowest equipment on the existing pole will be eight feet above ground level which is adequate height to accommodate ADA compliant path o f travel below, should sidewalks be installed in the future. Thus, the project will not cause any violation of the accessibility requirements of the Americans with Disabilities Act. C. California Environmental Quality Act (CEQA) Findings The project is exempt from environmental review pursuant to CEQA Guidelines section 15303, which exempts, among other things, the installation of small new equipment and facilities in small structures. This project consists of minor modifications to an existing PG&E utility pole in the public right of way. As described herein, the project includes one 2-foot antenna mounted on top of an existing 38.4- foot-tall utility pole, as well as ancillary equipment located at grade and mounted on the side of the pole. There is no substantial evidence that the project involves unusual circumstances, including future activities, resulting in, or which might reasonably result in, significant impacts which threaten the environment. None of the exceptions in CEQA Guidelines section 15300.2 apply. II. CONDITIONS OF APPROVAL FOR COUNTY FILE #WA17-0013: Project Approval 1. This Wireless Access Permit approval is granted to allow the establishment of a new Verizon Wireless cell site. The site consists of the following elements attached to an existing utility pole located in the public right-of-way:  One 2-foot pole-top canister antenna;  7-foot wooden pole extension;  Pole-mounted bus bar and disconnect switch;  At-grade accessory equipment area (4’4” x 7’6”) as generally shown in the submitted plans containing 2 RRU units, 2 diplexers, 2 power supply units, 6 hybrid combiners, 1 power meter;  6-foot-tall redwood fence screening enclosure for at-grade accessory equipment area. 2. The Wireless Access Permit approval described above is granted based on the following information and documentation:  Wireless Access Permit application and supplemental project information submitted to the Department of Conservation and Development, Community Development Division (CDD) on October 19, 2017;  Revised plans received August 2, 2018;  RF Report compiled by Hammett & Edison received on June 29, 2018;  Letter of Authorization from PG&E dated August 3, 2017;  Photosimulations of antenna and equipment area. Initial Compliance Report Prior to Issuance of a Building Permit 3. Prior to CDD stamp approval of construction plans for the issuance of a building permit, the Applicant shall submit a report addressing compliance with project conditions of approval, for the review and approval of the CDD. The report shall list each condition followed by a description of what the Applicant has provided as evidence of compliance with that condition. Unless otherwise indicated, the Applicant will be required to demonstrate compliance with the conditions of this report prior to issuance of construction permits. The Zoning Administrator may reject the report if it is not comprehensive with respect to applicable requirements for the requested permit. The deposit for review of the Compliance Report is $500.00; the actual fee shall be the cost of time and materials.  Prior to operating the approved telecommunications facility, color photographs showing the as-built condition of the facility shall be submitted for the review and approval of the CDD to verify compliance with these Conditions of Approval. Permit Duration and Permit Review 4. This Wireless Access Permit is granted for a period of ten years and shall be administratively reviewed at five year intervals. The applicant shall initiate the first review by submitting a statement as to the current status of the project to the Zoning Administrator no later than five years following the effective date of the project approval. This review by the Zoning Administrator will be for the purpose of ensuring continued compliance with the conditions of permit approval. Non- compliance with the approved conditions and/or the ordinance code provisions, after written notice thereof, shall be cause for revocations proceedings. For the review of existing commercial wireless communications facilities, submittal shall include photo documentation of existing conditions and equipment for comparison with the applicable approved conditions. The Applicant is encouraged, at the time of each administrative review, to review the design of the telecommunications facility and make voluntary upgrades to the facility for the purpose of improving safety and lessening visual obtrusiveness. A review fee in the amount of $500.00 (subject to time and materials) will be filed through a Compliance Verification application to allow for review of the approved conditions. Party Responsible for Permit Compliance 5. The Permittee (wireless operator) is responsible for keeping the Department of Conservation and Development, Community Development Division (CDD) informed of who is responsible for maintenance of compliance with this permit and how they may be contacted (i.e., mailing and email addresses, and telephone number) at all times. a. Prior to obtaining a building permit, the Permittee shall provide the name of the party (carrier) responsible for permit compliance and their contact information. b. Should the responsible party subsequently change (e.g. faculty is acquired by a new carrier), within 30 days of the change, Permittee shall issue a letter to CDD with the name of the new party who has been assigned permit compli ance responsibility and their contact information. Failure to satisfy this condition may result in the commencement of procedures to revoke the permit. Removal of Facility/Site Restoration 6. All structures and equipment associated with the commercial wireless communications facility shall be removed within 60 days of the discontinuance of the use; and the site shall be restored by the Permittee to its original pre- development condition. In addition, the Permittee shall provide the CDD with a notice of intent to vacate the site a minimum of 30 days prior to vacation. Security to Provide for Removal of Equipment 7. Prior to submittal of a building permit for the telecommunications facility the Applicant or Permittee shall provide bond, cash, or other surety, to the satisfaction of the Zoning Administrator, for the removal of the facility in the event that the use is abandoned or the use permit expires, or is revoked, or otherwise terminated. If the Permittee does not remove any obsolete or unused facilities as described above, the financial guarantee shall be used by the County to remove any obsolete or unused facilities and to return the site to its pre-development condition. The financial assurance must be submitted before a permit will be issued. A financial assurance must be irrevocable and not cancelable, except by the County. Each form of financial assurance must remain valid for the duration of the permit and for six months following termination, cancellation, or revocation of the permit. Any unused financial guarantee shall be returned to the Applicant upon termination of the use and removal of the facility or transfer of the lease accompanied by a financial guarantee by the new lessee or owner. The amount of the security shall be based on a cost estimate provided by a contractor or other qualified professional to the satisfaction of the Zoning Administrator. General Provisions 8. A minor alteration to this Wireless Access Permit may b e issued if the proposed modification(s) are not considered a substantial modification as stated under federal low (Title 47, Section 1.40001). A minor alteration (or collocation) has a term that is the shorter of the following: A. 10 years; or B. The duration, including any renewal period, of the permit that authorizes the existing facility on which the new facility will be collocated or on which the minor alteration will occur. 9. The conditions contained herein shall be accepted by the Applicant, their agents, lessees, survivors or successors for continuing obligation. 10. At all times the facility shall comply with the applicable rules, regulations, and standards of the FCC and other agencies having jurisdiction, and any other applicable Federal, State, and County laws and regulations. 11. The facility shall be operated in such a manner as not to contribute to ambient RF/EMF emissions in excess of then current FCC adopted RF/EMF emission standards. 12. The equipment shall be maintained in good condition over the term of t he permit. This shall include keeping the structures graffiti-free. 13. Antennas, towers, cabinets, and mountings shall not be used for advertising. 14. No lights or beacons may be installed on any antenna or antenna support structure, unless lights or beacons are required by a state or federal agency having jurisdiction over the antenna or antenna support structure, such as the California Public Utilities Commission, Federal Communications Commission, or Federal Aviation Administration, or if lights or beacons are recommended by the County Airport Land Use Commission. 15. The facility, all fences and walls surrounding a facility, and all other fixtures and improvements on the facility site must be repainted as often as necessary to prevent fading, chipping, or weathering of paint. Equipment must be painted to match the utility pole. Exterior Noise 16. Prior to final building inspection, the Applicant shall submit evidence for review and approval of the CDD that the wireless telecommunications facility meets acceptable exterior noise level standards as established in the Noise and Land Use Compatibility Guidelines contained in the Noise Element of the County General Plan. The evidence can either be theoretical calculations for identical equipment or noise monitoring data recorded on the site. Camouflaging 17. All proposed antennas, antenna supports, and conduits shall have a non -reflective finish. Paints with a reflectivity less than 55 percent are required. Color photographs showing the as-built condition shall be submitted for review of the CDD staff to verify compliance with this Condition of Approval within 30 days of completing construction. Frequency Interference 18. The facility may not be operated at a frequency that will interfere with an emergency communication system or 911 system, including any regional emergency communication system. Work Restrictions 19. The applicant shall make a good faith effort to minimize project-related disruptions to adjacent properties, and to uses on the site. This shall be communicated to all project-related contractors. 20. The applicant shall require their contractors and subcontractors to fit all internal combustion engines with mufflers which are in good condition and shall locate stationary noise-generating equipment such as air compressors as far away from existing residences as possible. 21. The site shall be maintained in an orderly fashion. Following the cessation of construction activity, all construction debris shall be removed from the site. 22. Large trucks and heavy equipment are subject to the same restrictions that are imposed on construction activities, except that the hours are limited to 9:00 AM to 4:00 PM. 23. A publicly visible sign shall be posted on the property with the telephone number and person to contact regarding construction-related complaints. This person shall respond and take corrective action with 24 hours. The CDD phone number shall also be visible to ensure compliance with applicable regulations. 24. All construction activities shall be limited to the hours of 8:00 A.M. to 5:00 P.M., Monday through Friday, and are prohibited on state and federal holidays on the calendar dates that these holidays are observed by the state or federal government as listed below: • New Year's Day (State and Federal) • Birthday of Martin Luther King, Jr. (State and Federal) • Washington's Birthday (Federal) • Lincoln's Birthday (State) • President's Day (State and Federal) • Cesar Chavez Day (State) • Memorial Day (State and Federal) • Independence Day (State and Federal) • Labor Day (State and Federal) • Columbus Day (State and Federal) • Veterans Day (State and Federal) • Thanksgiving Day (State and Federal) • Day after Thanksgiving (State) • Christmas Day (State and Federal) For details on the actual date the state and federal holidays occur, please visit the following websites: Federal Holidays: www.federalreserve.gov/aboutthefed/k8.htm California Holidays: www.sos.ca.gov/holidays.htm Application Processing Fees 25. The Wireless Access Permit application was subject to an initial deposit of $4,000.00, which was paid with the application submittal, plus time, and material costs if the application review expenses exceed 100% of the initial deposit. Any additional fee due must be paid prior to issuance of a building permit, or within 60 days of the effective date of this permit, whichever occurs first. The fees include costs through permit issuance and final file preparation. Pursuant to Contra Costa County Board of Supervisors Resolution Number 2016/331, where a fee payment is over 60 days past due, the application shall be charged interest at a rate of 10% from the date of approval. The Applicant may obtain current costs by contacting the project planner. A bill will be mailed to the Applicant shortly after permit issuance in the event that additional fees are due. 26. Within 15 days of the antenna being installed, Verizon shall take RF power density measurements with the antenna operating to verify the level reported in the Hammett and Edison report and to ensure that the FCC public exposure level is not exceeded in any publicly accessible area. This measurement shall be taken again if any equipment is added or replaced. Verification of these measurements shall be submitted to CDD for review and to confirm that the requirements of the Ordinance Code have been met. PUBLIC WORKS SPECIAL ROAD ENCROACHMENT PERMIT CONDITIONS OF APPROVAL FOR PERMIT WA17-0013 27. Verizon Wireless (permittee) shall comply with the requirements of Title 8, Title 9 and Title 10 of the Ordinance Code, any exception(s) must be stipulated in these Special Road Encroachment Permit Conditions. These Special Road Encroachment Permit Conditions are based upon the site plan a submitted to the Department of Conservation and Development, Community Development Division on October 19, 2017. 28. This encroachment permit is being issued only for the County owned section of Creekdale Road (Road No. 4147S) on the frontage of 184 Creekdale Road on Verizon Wireless “SF ALAMO 013” plans dated October 5, 2017. 29. Verizon Wireless shall provide written evidence to the Public Works Department from the owner of the street light/utility pole (PG&E) that they authorize the cell site improvements on the existing street light/utility pole. PG&E PSL #433679 30. Verizon Wireless shall provide evidence to the Public Works Department, Real Property Division that they are included in the statewide franchise agreement issued by the CPUC (California Public Utilities Commission); or, if unable to do so, Verizon Wireless shall enter into a license agreement with the County. 31. Verizon Wireless shall notify the United States Postal Service, the emergency services and the proper garbage collection agency to coordinate services to the residents of Creekdale Road if the construction operations will disrupt normal services. ADMINISTRATION 31. Scheduling inspection. All work authorized by the permit must be inspected. Permittee shall arrange for an inspection by telephoning Paul Tehaney @ (925) 595- 6012 or by email pteha@pw.cccounty.us. If you cannot reach the inspector, contact the construction office at (925) 313-313-2320. 32. Encroachment permit on site. A copy of this encroachment permit shall be available for review on site for the duration of the right-of-way encroachment allowed by this permit. The encroachment permit shall be shown upon request to any police officer or any employee of the County with jurisdictional responsibility over activities in the public right-of-way. If a County employee requests to see a copy of this encroachment permit and the encroachment permit is not available a Stop Work Order may be issued until a copy of the encroachment permit is available for review on site. 33. Approved plans. All works shall be per the plans reviewed and approved by the County. Any proposed changes to the approved plans must be reviewed and approved by the County. 34. Emergency contact. Permittee shall identify an individual who will be available 24 hours per day with the responsibility and authority to respond to emergencies related to the construction work. Permittee shall rep ort the name and telephone number of the individual to Bob Hendry at the Permit Center prior to the start of work. Mr. Hendry can be reached at (925) 674-7744. No work within the County road right-of-way shall be allowed until the emergency contact is reported to Mr. Hendry. 35. Quality control plan. The Contractor shall be responsible for controlling the quality of material entering the work and the work performed, and shall perform testing to ensure control. Prior to start of work the Contractor shall submit to the construction inspector a Quality Control Plan that must describe the methods and frequency of testing, implementation of corrective actions as necessary, and reporting of test results. 36. Pre-construction meeting. The permittee shall hold a pre-construction meeting with the County’s construction inspector at least one week prior to the start of work. No work within the County road right-of-way shall be allowed until the pre- construction meeting has been held. 37. Damage to utility facilities. If the permittee’s work damages a utility facility while performing the work covered by this encroachment permit the permittee or permittee’s contractor shall contact the construction inspector within two (2) days of damaging the facility. 38. Final inspection. The permittee shall hold a final inspection meeting with the construction division representative of Public Works. All County concerns shall be resolved before the work is accepted as complete. A signed off permit from another permitting agency or utility company does not guarantee acceptance by the County Public Works Department. 39. Staff charges. Permittee is responsible for all staff charges associated with this encroachment permit. The encroachment permit will not be signed off as complete until all the review and inspection charges are paid in full. 40. Indemnification. The permittee agrees to save, indemnify and hold harmless the County of Contra Costa or its representatives from all liabilities imposed by law by reason of injury to or death of any person or persons or damage to property which may arise out of the work covered by this permit and does agree to defend the County in any claim or action asserting such action. Accepting this permit or starting any work hereunder shall constitute acceptance and agreement to all of the conditions and requirements of this permit and the ordinance and specifications authorizing issuance of such permit. 41. Insurance. The permittee or the permittee’s contractor shall furnish an acceptable certificate of insurance naming Contra Costa County, its employees, officials and agents as additionally insured. See Attachment 1A for insurance requirements. 42. County standards. All work shall conform to Contra Costa County Standard Plans and Specifications, except as noted, and may be modified by the County’s representative to meet field conditions. 43. Location of facilities. All facilities being installed shall be located in compliance with County Standard Drawing CU60 and in compliance with County Standard Drawing CA10 when located at or near an intersection. 44. ADA compliance. All new facilities shall provide the minimum required ADA clearances (4’ sidewalk width). 45. Weather. Work covered under this encroachment shall not be allowed: a. If it is raining at the beginning of the work day no work shall be started without the approval of the Construction inspector. b. If rain begins during the work day, work covered under this encroachment permit may be suspended at the direction of the Construction inspector. c. Work covered under this encroachment that is suspended due to rain shall be allowed to commence once the work area within the road right -of-way has sufficiently dried and at the direction of the Construction inspector. 46. Working hours. For the purposes of this permit, working hours are defined as follows: 7 A.M. to 5 P.M. Monday through Friday, except legal holidays. TREE PROTECTION 47. Protecting existing trees. Except where otherwise provided by the involved permit’s conditions of approval or approved permit application, on all properties where mature trees are required to be saved during the course of construction, the permittee shall follow the following tree preservation standards. The Permit construction plans shall include these requirements as notes: a. Prior to the start of any clearing, stockpiling, trenching, grading, compaction, paving or change in ground elevation on a site with mature trees to be preserved, the applicant shall install temporary fencing at the dripline or other area determined by an arborist report of all trees adjacent to or in the area to be altered, and provide evidence of same (e.g., photos) to Public Works. Prior to grading or commencement of project improvements, the fences may be inspected and the location thereof approved by appropriate County staff. b. No grading, compaction, stockpiling, trenching, paving or change in ground elevation shall be permitted within the dripline of a mature tree unless indicated on the site/grading plan approved by the County and addressed in any required report prepared by an arborist. If grading or construction is approved within the dripline of a mature tree, an arborist may be required to be present during grading operations. The arborist shall have the authority to require protective measures to protect the tree roots. All arborist expense shall be borne by the permittee unless otherwise provided by the permit conditions. c. The permittee shall not park or store vehicles, equipment, machinery, or construction materials within the dripline of any tree to be saved. d. The permittee shall not dump oils or chemicals within the dripline of any tree to be saved. e. The permittee will replace any mature tree that dies within 2 years of projected- related excavation within its dripline 48. Notification of tree damage. The permittee shall notify Public Works of any damage that occurs to any mature tree during the construction process. If significant damage to any mature tree not approved for destruction or removal occurs, the permittee shall either: a. Repair any damage as determined by a certified arborist that is designated by the Public Works Director or his/her designee; or b. Replace the damaged tree with a tree or trees of equivalent size and of comparable species, as determined by the Public Works Director or his/her designee to be reasonably appropriate for the particular situation. TRAFFIC 49. Traffic control plan. The permittee shall provide a traffic control plan conforming to the “California Manual on Uniform Traffic Control Devices,” when work will entail a lane closure. The traffic control plan shall include information of the types of, and outrigger support for, boom trucks to determine the roadway clearance necessary during construction. The County’s resident engineer/inspector must review the traffic control plan prior to the start of work. 50. Advanced warning signs. The permittee shall place temporary advance warning signs to alert motorists to construction work ahead whenever trucks or construction equipment are entering or leaving the construction site or when equipment is within the road right of way. 51. Traffic non-working hours. All traffic lanes shall be open to the public during non- working hours. 52. Emergency access. The permittee shall provide emergency access to the job site and to any adjacent private property at all times. 53. Advanced notification. The permittee shall provide a minimum of 48 hours advance notification to property owners whose access will be obstructed by construction operations. The notification shall include the date(s) of construction along the frontage that will obstruct a property owner’s access. 54. Property access. The permittee shall reasonably accommodate a property owner’s requests to cross the work zone to enter or leave their property. In no case shall the permittee block an owner’s access for more than 30 minutes. 55. Traffic impediment. The permittee shall not impede or impair vehicle, bicycles or pedestrian access to or within the right of way of Creekdale Road. 56. Temporary pavement delineators. Temporary pavement delineation shall be furnished, placed, maintained and removed where the existing pavement delineation has been removed or damaged by the construction. Temporary pavement delineation shall be removed prior to the placing of the permanent pavement delineation. Temporary raised pavement markers shall be placed at the existing traffic stripe locations at intervals of not more than 24 feet. On double traffic stripes two markers shall be placed side by side, one on each stripe, at longitudinal intervals of not more than 12 feet. At crosswalks and limit lines temporary raised pavement markers shall be placed at the existing crosswalk/limit line locations at intervals of not more than two (2) feet. Prior to opening the lanes to uncontrolled traffic the covers shall be removed from the temporary raised pavement markers. Temporary raised pavement markers shall be reflective and the same colo r as the permanent stripe and shall be of the following or equal: Reflective Temporary Raised Pavement Marker (Types Y and W), manufactured by Davidson Plastics Company (DAPCO), 18726 East Valley Highway, Kent, WA 98032, Telephone (206) 251-8140. MV Plastics Chip Seal Marker (1280/1281 Series with Reflexite Polycarbonate, PC 1000, reflector unit), manufactured by MV Plastics, Inc., 533 West Collins Avenue, Orange, CA 92667, Telephone (714) 532-1522. The markers shall be placed in accordance with the manufacturer’s installation procedure instructions. 57. Pedestrians. The permittee shall provide safe pedestrian and bicycle access through the project site at all times. TRENCHING 58. Underground Service Alert (USA). USA must be contacted prior to excavating in a County road right of way. Telephone 811. Any work found in progress with a valid USA number will be shut down and the roadway cleared. All USA and/or temporary survey pavement markings shall be removed by the permittee at the completion of work to the satisfaction of the County Public Works Construction inspector. 59. Trench detail. Trench excavation and backfill requirements shall follow County Standard Plan, “Utility Trench Cut Detail,” drawing # CU01. 60. Installing facilities under sidewalk. Hand digging or tunneling under the curb/gutter and sidewalk shall not be allowed. The sidewalk, curb and gutter shall be removed as needed for the facility installation, and then replaced according to County standards. 61. Existing pavement striping. All existing pavement striping, markings and markers damaged or disturbed shall be replaced in kind. 62. Crack sealing. Where the asphalt pavement has been cut by the permittee in anticipation of trenching and no trenching is performed (over extended saw cut beyond the limits of the trench excavation, abandoning the project, etc.), the applicant shall seal the cut in the asphalt pavement with Crafco, rubberized asphalt Type II crack sealing material (or approved equal) according to the manufacture’s specifications. 63. Pavement. Temporary paving (or permanent pavement) shall be placed at the end of each workday. Until the final paving is in place, the temporary paving shall be maintained as needed and provide a smooth riding surface (level with the surrounding road surface). If the permittee fails to maintain the temporary paving County forces may address any needed maintenance to the temporary paving/trench cut and the permittee will be charged the cost plus appropriate overhead charges. Temporary pavement shall be 1.5-inches minimum thickness of ½-inch, Type A hot mix asphalt (HMA) and shall be replaced as specified in Item 7 of this section with permanent pavement. If permanent paving is not completed as specified, County forces may pave it and the permittee will be charged the cost plus appropriate overhead charges. 64. Hot mix asphalt special conditions. Section 39 (revised October 16, 2014) County Standard Plans. SECTION 39 HOT MIX ASPHALT SPECIFICATIONS 39 GENERAL The work included in this section shall be performed as shown on the Plans and in accordance with the requirements of Section 39, "Hot Mix Asphalt" of the State of California Standard Specifications (including amendments) and these Standard Specifications. 39-1.0 MATERIALS 39-1.01 ASPHALT The amount of asphalt binder to be mixed with the aggregate for hot mix asphalt (HMA) for paving shall be determined in conformance with the requirements in California Test 367. The Contractor shall submit asphalt concrete mix designs sufficiently in advance of manufacturing to allow for County review and approval. The County may direct the amount of asphalt binder to be mixed with the aggregate. In the event that an increase or decrease is ordered, the unit price of asphalt concrete items stated in the Contractor's proposal shall be considered valid to cover any cost relating to the addition or reduction of liquid asphalt quantity and no adjustment in compensation will be made therefor. Asphalt binder to be mixed with aggregate shall be a steam-refined paving asphalt in conformance with the provisions in Section 92, "Asphalts", of the State Standard Specifications. PG 64-10 asphalt binder shall be used for all applications. 39-1.02 AGGREGATE Aggregate for the Hot Mix Asphalt shall be either ½-inch HMA Type A or B, as designated by the County. 39-1.04 HOT MIX ASPHALT Hot Mix Asphalt stored in excess of 15 hours shall not be used in the work. Hot Mix Asphalt placed in the top layer of the surfacing shall be obtained from only one asphalt plant. 39-2.0 PLACEMENT Asphalt concrete shall be spread and compacted as shown on the plans. All layers shall be spread with a self-propelled paving machine. Motor graders or loaders with special paving attachments will not be considered a self-propelled paving machine. Asphalt concrete shall be compacted and finished in conformance with said Section 39, amended as follows: Compacting Equipment: The Contractor shall furnish a sufficient number of rollers to obtain the specified compaction and surface finish required by these specifications. All rollers shall be equipped with pads and water systems that prevent sticking of asphalt mixtures to the pneumatic or steel-tired wheels. A parting agent, which will not damage the asphalt mixture, as determined by the County, may be used to aid in preventing the sticking of the mixture to the wheels. Asphalt concrete shall be compacted by any means to obtain the specified relative compaction before the temperature of the mixture drops below 150°F. Additional rolling to achieve the specified relative compaction will not be permitted after the temperature of the mixture drops below 150°F or once the pavement is opened to public traffic. When vibratory rollers are used as finish rollers, the vibratory unit shall be turned off. Section 39-2 “STANDARD CONSTRUCTION PROCESS,” of the State Standard Specifications is replaced as follows: The mix design submitted for the job should include Stabilometer testing in accordance with California Test 366. The testing shall represent a sample of the submitted mix design performed within the previous 12 months of the mix design submittal date. Sampling and testing shall be performed by qualified representatives of a third-party testing agency employed by the Developer. A sample of Hot Mix Asphalt shall be collected in the field for every 750 tons of material placed, or portion thereof, and a sample of aggregate shall be collected from the mix plant on the first day of paving. A minimum of one sample of Hot Mix Asphalt should be collected per day of paving, regardless of amount of Hot Mix Asphalt placed. Hot Mix Asphalt shall be compacted to a relative compaction of not less than ninety- two and not more than ninety-seven percent and shall be finished to the lines, grades and cross section shown on the Plans. In-place density of Hot Mix Asphalt will be determined prior to opening the pavement to public traffic. Relative compaction will be determined by California Test 375. Maximum theoretical density will be determined in conformance with California Test 309. If the test results for a quantity of Hot Mix Asphalt indicate that the relative compaction is below ninety-two percent or greater than ninety-seven percent, the Contractor will need to adjust his/her materials or his/her procedures, or both. Hot Mix Asphalt spreading operations shall not continue until the Contractor has notified the County of the adjustment that will be made in order to meet the required compaction. Mitigation for lots of out of specification Hot Mix Asphalt compaction will be as follows: COMPACTION Level* Mitigation Less than 88 percent Rejection 88 to 90 percent HMA Overlay with reinforcing layer such as GlasGrid or equivalent 90 to 92 percent Slurry Seal Greater than 97 percent Slurry Seal * Obtained by California Test 309. If the test results for any quantity of asphalt concrete indicate that the relative compaction is less than eighty-eight percent, the asphalt concrete represented by that lot shall be removed. Hot Mix Asphalt spreading operations shall not continue until the Contractor makes significant adjustments to his/her materials or procedures or both in order to meet the required compaction. The adjustments shall be agreed to by the County. Testing of the plant sampled aggregate shall include Aggregate Gradation (per California Test 202) and Aggregate Sand Equivalent (per California Test 217). If testing indicates that the gradation falls outside the tolerance range for any sieve size, production shall stop and paving may not continue until testing demonstrates that the issue has been resolved. Likewise, if the Sand Equivalent falls below 47 or 42 for Type A or Type B Hot Mix Asphalt, respectively, paving shall be halted until subsequent testing indicates that the aggregate used is in conformance. Paving that was performed between startup and halting paving operations for out -of- specification aggregate shall be subject to a slurry seal, at the County’s discretion. Additional testing of Hot Mix Asphalt shall include Asphalt Binder Content per California per (California Test 379 or 382). Following paving operations, the pavement shall be cored to verify Hot Mix Asphalt thickness. The following tables describe required results of these tests and mitigation necessary for not meeting specification. * Obtained by California Test 379 or 382. PAVEMENT THICKNESS Thickness less than plan Mitigation ¼ inch Slurry Seal ½ inch Overlay * Obtained by California Test 375. Alternative methods to the mitigation listed above proposed by the Developer should be provided to the County in writing for review and should be approved prior to implementation. The Contractor shall not perform paving operations when the weather is rainy or foggy. It shall be the Contractor's responsibility, based on weather predictions, to BINDER CONTENT Percent* Mitigation Less than 5.4 percent Slurry Seal schedule his/her paving operations to avoid paving in the rain or fog. Hot Mix Asphalt shall not be placed on any surface that contains ponded water or excessive moisture in the opinion of the County. If paving operations are in progress and rain or fog forces a shutdown, loaded trucks in transit shall return to the plant. The Contractor shall furnish and use canvas tarpaulins to cover all loads of asphalt concrete from the time that the mixture is loaded until it is discharged from the delivery vehicle. Batch data and load slips shall be presented to the County as asphalt is delivered to the project site to allow verification of location and use. Failure to do so may result in required removal of questionable quantities. Handwork, raking, and repetitive handling of any asphalt concrete shall be minimized. The broadcasting of any loose or excess asphalt concrete material onto the rolled mat is prohibited. Any Hot Mix Asphalt material that has fallen onto the adjacent roadway surface shall either be raked against the edge of the mat or removed from the site. Failure to comply with this requirement may result in the rejection of the finished paving by the County. Sections 39-3, 39-4, 39-5, and 39-6 of the State Standard Specifications do not apply to this work. In the event of a dispute between testing performed by the Developer’s representative and any testing performed on behalf of the County, the County’s results will prevail. 65. Protecting open excavations. An excavation that remains unfilled after working hours shall be covered with steel plates or protected with other protective barriers adequate to prevent entry by pedestrians and vehicles. 66. Trench plates. When multiple steel plates, used to temporarily cover the working end of a trench or pit, are subject to traffic loading, the plates shall be tack welded together so that they act as a unit. Asphalt concrete shall be placed to provide a smooth transition from the pavement to plate surfaces. The transition shall be at a 12(hor): 1(ver) slope (maximum). 67. Trench plate surface. The exposed surface of trench plates shall be roughened to provide traction equivalent to the adjacent road surface. 68. Time limit on trench plates. The use of trench plates shall be limited to five (5) working days at the site. 69. Expiration date. The County has provided the permittee with an encroachment permit expiration date of that provides the permittee with flexibility for contracting the project and/or scheduling of the work. The County wants to minimize the time that our pavement is disturbed (time from initial pavement excavation to final trench paving). Therefore, the County is requiring that all work described in this permit, including finish paving, be completed within 20 working days from the day that the pavement is excavated. 70. Clean Water/NPDES. Comply with the County’s clean water requirements during all construction activities. Use Best Management Practices to comply with the County’s NPDES ordinances and permits. 71. Air Quality. Comply with Bay Area Air Quality Management District, Federal Clean Air Act and State of California Air Quality Standards. 72. Trench location. All trenching shall be performed outside the road pavement. EXISTING FACILITIES 73. Use of sidewalks. No vehicles or equipment shall be parked on or driven on the sidewalks. 74. Existing facilities. All signs, pavement stripes and markings, delineators, fences, ditch linings, drainage structure and pipes, AC dikes, and other improvements damaged or disturbed by construction shall be replaced in kind. 75. Damage to County facilities. If any County facility is damaged the permittee or the permittee’s contactor shall contact the construction inspector with in two (2) hours of the facility being damaged. 76. Drainage. All drainage shall be kept open and the existing drainage pattern maintained. 77. Exiting curb, gutters and sidewalks. Portland Cement concrete sidewalks, curbs, gutter and other pavements damaged or disturbed by construction shall be removed to the nearest expansion or weakened plane joint and replaced to match adjacent concrete improvements in conformance with County Standard Plans and Specifications. 78. Landscaping. Any landscaping displaced or damage during the construction shall be replaced in kind. 79. Pedestrians. The permittee shall provide for redirecting pedestrians around the construction area when the permittee’s work prevents public access or creates unsafe conditions along the sidewalks. HOUSEKEEPING 80. Encroachment permit on site. A copy of this encroachment permit shall be available for review on site for the duration of the right-of-way encroachment allowed by this permit, and shall be shown upon request to any police officer or any employee of the County with jurisdictional responsibility over activities in the public right-of-way. 81. Use of right of way. No equipment, and /or stockpiles or other materials shall be left overnight in the road right-of-way. 82. Cleaning right of way. The permittee shall assure that the traveled way available to the public remains free of dirt, rock, debris, and construction materials at all times. At the end of each workday, or at the direction of the inspector, the traveled way and paved shoulders shall be swept clean, and if necessary washed clean, to remove dirt, rock and debris. If washing is performed, the permittee shall provide all necessary controls to prevent sediment from entering drainage inlets and creeks. 83. Non-working hours. With the exception of emergency work, no construction activities (including idling of equipment) shall take place during non-working hours. 84. Private property. Construction within the right-of-way does not allow for use of private property as a laydown area for construction-related equipment and supplies. SHOULDERS 85. Reconstructing shoulders. All disturbed shoulder areas shall be reconstructed to restore the cross slopes and longitudinal drainage that existed prior to the project by placing shoulder backing material conforming to the following specification over a compacted and smoothly graded subgrade: SHOULDER BACKING The material for shoulder backing shall be imported material conforming to the following grading and quality requirements: GRADING REQUIREMENTS Sieve Sizes Percentage Passing 2 inch 100 1 inch 75 – 100 No. 4 35 – 80 No. 30 15 – 55 No. 200 5 - 25 QUALITY REQUIREMENTS Specification Test Requirement Sand Equivalent CA 217 10 min. Resistance (R-Value) CA 301 40 min. Plasticity Index CA 204 8 min. The areas where shoulder backing is to be constructed shall be cleared of all weeds, grass and debris. Removed weeds, grass and debris shall be disposed of outside of the road right-of-way in accordance with Caltrans Specifications Section 7-3.13 86. Shoulder backing. A minimum thickness of 4-inches of shoulder backing shall be placed over disturbed shoulder areas but in no case shall the width of the shoulder backing be less than 3-feet unless otherwise approved in writing by the County inspector. Compaction shall conform to Caltrans Specification 19-5.03 (95% relative lab. max.) SIGNALS 87. Traffic signals. At signalized intersections, caution should be taken to avoid damaging detector loops, conduit and conductors. If damage occurs, the following action shall be taken: a. Immediately contact Contra Costa County General Services signal shop at (925) 313-7052 to report the damage. b. Temporary emergency repairs of damaged conduit and conductors may be made by the County at the permittee’s expense to be charged against the permittee’s cash bond. c. A qualified electrical contractor specializing in traffic signal work shall do permanent repair work to conduits and conductors. The work shall be finished within 14 calendar days from the time damage occurs. If the work is not finished within the 14 calendar days, the County reserves the right to have the work done and bill the permittee for the costs. Preserving Survey Monumentation Assembly Bill 1414 became effective January 1, 1995. Part of this legislation provides for the preservation of Survey Monuments for construction projects. This legislation mandates that prior to construction survey monuments are to be referenced in the field and “Corner Records” are filed with the County Surveyor. After construction, monuments are to be reset and “Corner Records” filed with the County Surveyor. These must be completed prior to project completion certification. It is our interpretation that preservation of survey monuments is required for any activity that disturbs existing monuments not just “road work.” Therefore: All survey monuments shall be preserved, referenced and/or replaced pursuant to Section 8771 of the Business and Professions Codes. SECTION 1. Section 8771 of the Business and Professions Code is amended to read: 8771. Monuments set shall be sufficient in number and durability and efficiently placed so as not to be readily disturbed, to assure, together with monuments already existing, the perpetuation or facile re-establishment of any point or line of the survey. When monument exist which control the location of subdivisions, tract, streets, or highways, or provide survey control, the monuments shall be located and referenced by or under the direction of a licensed land surveyor or registered civil engineer prior to the time when any streets or highways are reconstructed or relocated and a corner record of the references shall be filed with the county surveyor. They shall be reset in the surface of the new construction, a suitable monument box placed thereon, or permanent witness monuments set to perpetuate their location and a corner record filed with the county surveyor prior to the recording of a certificate of completion for the project. Sufficient controlling monuments shall be retained or replaced in their original positions to enable land lines, property corners, and tract b oundaries to be re-established without devious surveys necessarily origination on monuments differing from those that currently control the area. It shall be the responsibility of the governmental agency or others performing construction work to provide for the monumentation required by this section. It shall be the duty of every land surveyor or civil engineer to cooperate with the governmental agency in matters of maps, field notes, and other pertinent records. Monuments set to mark the limiting lines of highways, roads, or streets shall not be deemed adequate for this purpose unless specifically noted on the records of the improvement work with direct ties in bearing or azimuth and distance between these and other monuments of record. General Requirements 88. Applicant shall submit improvement plans prepared by a registered civil engineer, if necessary, to the Public Works Department and pay appropriate fees in accordance with the County Ordinance and these conditions of approval. The below condit ions of approval are subject to the review and approval of the Public Works Department. Access to Adjoining Property 89. Applicant shall not impede or impair vehicle, bicycles of pedestrian access to or within the rights-of-way of Creekdale Road. 90. For construction activities if necessary, applicant shall submit a traffic control plan for review and approval of the Public Works Department prior to starting work. The traffic control plan shall include information of the types of, and outrigger support for, boom trucks to determine the roadway clearance necessary during construction. Proof of Franchise Agreement/Owner of Pole Authorization 91. Applicant shall provide verification to the Public Works Department that the building permit has been approved by the Department of Conservation and Development. 92. Applicant shall provide evidence to the Public Works Department, Real Property Division that they are included in the statewide franchise agreement issued by the CPUC (California Public Utilities Commission); or, if unable to do so, the applicant shall enter into a license agreement with the County. 93. Applicant shall provide written evidence to the Public Works Department from the owner of the streetlight/utility pole (PG&E) that they authorize the cell site improvements on existing streetlight/utility pole. ADVISORY NOTES PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL, BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL. ADVISORY NOTES ARE PROVIDED FOR THE PURPOSE OF INFORMING THE APPLICANT OF ADDITIONAL ORDINANCE AND OTHER LEGAL REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED WITH DEVELOPMENT. A. NOTICE OF 90-DAY OPPORTUNITY TO PROTEST FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS PERTAINING TO THE APPROVAL OF THIS PERMIT. This notice is intended to advise the applicant that pursuant to Government Code Section 66000, et. seq., the applicant has the opportunity to protest fees, dedications, reservations, and/or exactions required as part of this project approval. The opportunity to protest is limited to a ninety-day (90) period after the project is approved. The 90-day period in which you may protest the amount of any fee or imposition of any dedication, reservation, or other exaction required by this approved permit, begins on the date this permit was approved. To be valid, a protest must be in writing pursuant to Government Code Section 66020 and delivered to the CDD within 90-days of the approval date of this permit. B. The applicant shall submit building plans to the Building Inspection Division and comply with Division requirements. It is advisable to check with the Division prior to requesting a building permit or proceeding with the project. C. The applicant is responsible for contacting the Environmental Health Division regarding its requirements and/or obtaining additional permits as it may be required as part of the proposed project. D. The applicant shall comply with the requirements of the Contra Costa Fire Protection District. The applicant is advised that plans submitted for a building permit must receive prior approval and be stamped by the Fire Protection District as applicable. G:\Current Planning\curr-plan\Staff Reports\Wireless Access (WA)\WA17-0013\BOS\WA17-0013 - BOS FINDINGS_COAs.docx 1 Filed 9/15/16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE T-MOBILE WEST LLC et al., Plaintiffs and Appellants, v. CITY AND COUNTY OF SAN FRANCISCO et al., Defendants and Respondents. A144252 (San Francisco City and County Super. Ct. No. CGC-11-510703) Sometimes tension exists between technological advancement and community aesthetics. (Sprint PCS Assets v. City of Palos Verdes Estates (9th Cir. 2009) 583 F.3d 716, 720 (Palos Verdes Estates).) We address here the scope of local government authority to adjust the balance of those interests, consistent with state-wide regulation. Telephone and telegraph companies have long exercised a franchise under state law to construct and maintain their lines on public roads and highways “in such manner and at such points as not to incommode the public use.” (Pub. Util. Code, § 7901;1 Pac. Tel. & Tel. Co. v. City & County of S. F. (1959) 51 Cal.2d 766, 771 (Pacific Telephone I).) State law also provides that local government maintains the right “to exercise reasonable control as to the time, place, and manner in which roads, highways, 1 Undesignated statutory references are to the Public Utilities Code. Section 7901 provides: “Telegraph or telephone corporations may construct lines of telegraph or telephone lines along and upon any public road or highway, along or across any of the waters or lands within this State, and may erect poles, posts, piers, or abutments for supporting the insulators, wires, and other necessary fixtures of their lines, in such manner and at such points as not to incommode the public use of the road or highway or interrupt the navigation of the waters.” 2 and waterways are accessed. [¶] . . . The control, to be reasonable, shall, at a minimum, be applied to all entities in an equivalent manner.” (§ 7901.1, subds. (a), (b).) In 2011, the City and County of San Francisco (City) enacted an ordinance requiring all persons to obtain a site-specific permit before seeking to construct, install, or maintain certain telecommunications equipment, known as “Personal Wireless Service Facilities” (hereafter wireless facilities), on existing poles in the public right-of-way. In this appeal, we consider whether the ordinance, on its face, is preempted by sections 7901 and 7901.1. We affirm the trial court’s determination that portions of the ordinance that authorize consideration of aesthetics are not preempted by state law. I. FACTUAL AND PROCEDURAL BACKGROUND T-Mobile West LLC, Crown Castle NG West LLC,2 and ExteNet Systems (California) LLC (collectively Plaintiffs) are considered “telephone corporations” under California law. (§ 234.) Plaintiffs’ business requires installation and operation of wireless facilities, including antennas, transmitters, and power supplies, on existing utility poles in the City’s public rights-of-way. These wireless facilities are considered “telephone lines.” (§ 233.) In January 2011, the San Francisco Board of Supervisors adopted Ordinance No. 12-11 (Wireless Ordinance or Ordinance), which required Plaintiffs to obtain a wireless facility site permit (Wireless Permit) from the City’s Department of Public Works (DPW) before installing or modifying any wireless facility in the public right-of- way.3 In adopting the Ordinance, the Board of Supervisors observed: “(1) Surrounded by water on three sides, San Francisco is widely recognized to be one of the world’s most beautiful cities. Scenic vistas and views throughout San 2 Crown Castle NG West LLC has also appeared in this litigation as Crown Castle NG West Inc. and NextG Networks of California, Inc. 3 The Wireless Ordinance was codified as Article 25 of the San Francisco Public Works Code. 3 Francisco of both natural settings and human-made structures contribute to its great beauty. “(2) The City’s beauty is vital to the City’s tourist industry and is an important reason for businesses to locate in the City and for residents to live here. Beautiful views enhance property values and increase the City’s tax base. The City’s economy, as well as the health and well-being of all who visit, work or live in the City, depends in part on maintaining the City’s beauty. “(3) The types of wireless antennas and other associated equipment that telecommunications providers install in the public rights-of-way can vary considerably in size and appearance. The City does not intend to regulate the technologies used to provide personal wireless services. However, the City needs to regulate placement of such facilities in order to prevent telecommunications providers from installing wireless antennas and associated equipment in the City’s public rights-of-way either in manners or in locations that will diminish the City’s beauty.” (Italics added.) After the Ordinance was enacted, DPW adopted implementing regulations. The Ordinance required a showing of technological or economic necessity for permit approval and created three “Tiers” of facilities based on equipment size. Tier I was defined to include only the smallest equipment (essentially, primary and secondary equipment enclosures, each less than 3 cubic feet in volume and no greater than 12 inches wide and 10 inches deep). Tier II was defined to allow equipment slightly larger in overall volume than Tier I (4 cubic feet), but with the same limits on width and depth. Tier·III was defined as any equipment larger than Tier II. The Ordinance conditioned approval of permits for equipment in Tiers II and III on aesthetic approval by a City department responsible for the proposed site. Within Tiers II and III, three additional subdivisions were created, depending on whether the proposed wireless facility was in a location designated as (1) unprotected, 4 (2) “Planning Protected” or “Zoning Protected,” or (3) “Park Protected.”4 Each of those subdivisions, in turn, triggered different aesthetic standards for approval. For example, if a wireless facility was proposed to be installed near a historic building or in a historic district, the City’s Planning Department needed to determine that it would not “significantly degrade the aesthetic attributes that were the basis for the special designation” of the building or district. Additionally, for any Tier III facility, a “necessity” standard required DPW to find that “a Tier II Facility is insufficient to meet the Applicant’s service needs.” DPW would not issue a Wireless Permit unless the relevant City department determined the proposed wireless facility “satisfie[d]” the applicable aesthetic compatibility standard. If DPW approved a Tier III application after recommendation by the Planning Department, the approval from DPW was only “tentative,” and the applicant was then required to notice the public. “Any person” could protest tentative approval of a Tier III application within 20 days of the date the notice was mailed and then subjected the application to public hearing. After a final determination on a Tier III application, “any person” could appeal to the Board of Appeals. On May 3, 2011, Plaintiffs filed an action for declaratory and injunctive relief. The operative second amended complaint asserted five causes of action: (1) violation of Government Code section 65964, subdivision (b);5 (2) an unlawful taking of Plaintiffs’ 4 A “Planning Protected” location generally involves proposed locations adjacent to national historic landmarks or that the City has designated as having views rated as “good” or “excellent.” A “Zoning Protected” location is “within a Residential or Neighborhood Commercial zoning district under the San Francisco Planning Code.” A “Park Protected” location is adjacent to a City park or open space. 5 Government Code section 65964 provides: “As a condition of approval of an application for a permit for construction or reconstruction for a development project for a wireless telecommunications facility, as defined in Section 65850.6, a city or county shall not do any of the following: [¶] (a) Require an escrow deposit for removal of a wireless telecommunications facility or any component thereof. However, a performance bond or other surety or another form of security may be required, so long as the amount of the bond security is rationally related to the cost of removal. In establishing the amount of 5 property without due process of law; (3) violation of and preemption by sections 7901 and 7901.1; (4) preemption of DPW regulations granting the Planning Department review authority under the California Environmental Quality Act; and (5) violation of and preemption by the then-newly enacted section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. § 1455). Plaintiffs’ first and fourth causes of action were resolved by summary adjudication. Plaintiffs voluntarily dismissed their second cause of action before trial. During the bench trial on the remaining third and fifth causes of action, Plaintiffs and the City stipulated that Comcast, AT&T, and PG&E have also installed certain equipment, including backup battery units, antennas, cut-off switches, power meters, and transformers, on utility poles in the City’s public right-of-way. With respect to PG&E, it was stipulated the City granted PG&E a franchise to install its facilities in the public right-of-way and requires it to obtain temporary occupancy permits if the installation will take more than one day. The parties also stipulated that telephone corporations installing facilities on utility poles other than wireless facilities, such as AT&T, and state video providers, such as Comcast, need only obtain utility conditions permits and temporary occupancy permits if the installation will take more than one day. Comcast, AT&T, and PG&E are not required to obtain any site-specific permit as a condition of installing such facilities on existing utility poles.6 the security, the city or county shall take into consideration information provided by the permit applicant regarding the cost of removal. [¶] (b) Unreasonably limit the duration of any permit for a wireless telecommunications facility. Limits of less than 10 years are presumed to be unreasonable absent public safety reasons or substantial land use reasons. However, cities and counties may establish a build-out period for a site. [¶] (c) Require that all wireless telecommunications facilities be limited to sites owned by particular parties within the jurisdiction of the city or county.” 6 AT&T also installs “surface-mounted” facilities in the public right-of-way. By separate ordinance, the City requires AT&T to publicly notice its intent to install such a facility at a particular location, allows protests to be filed, and requires a hearing if protests are filed. 6 Following posttrial briefing and argument, the trial court issued its proposed statement of decision, to which both parties objected. On November 26, 2014, the trial court overruled the objections, issued its final statement of decision, and entered final judgment. The court ruled in favor of Plaintiffs on their fifth cause of action, holding that modification provisions of the Ordinance and DPW regulations violate section 6409 of the Middle Class Tax Relief and Job Creation Act. With respect to Plaintiffs’ third cause of action, the trial court found portions of the Ordinance, conditioning issuance of a permit on economic or technological necessity, were preempted by section 7901. However, the court held the Ordinance’s aesthetics-based compatibility standards were not preempted by sections 7901 or 7901.1. In concluding that sections 7901 and 7901.1 did not impliedly preempt the City’s power to impose aesthetic conditions, the court rejected Plaintiffs’ argument that the public right-of-way is incommoded only by physical obstruction of travel. The court concluded Palos Verdes Estates, supra, 583 F.3d 716 “correctly viewed the public’s right to the ‘use of the road’ as encompassing far more than merely getting from place to place.” The trial court also agreed with the Palos Verdes Estates court that “the passage of [section] 7901.1 in 1995 codified and bolstered the right of local government to control and regulate construction of telecommunications facilities and for that reason . . . the Wireless Ordinance is not pre-empted by [section] 7901.1.” The trial court found Plaintiffs’ equipment and facilities installed in the public rights-of-way to be “generally similar in size and appearance” to equipment installed by “landline” telephone corporations, cable television operators, and PG&E. Nonetheless, the trial court also rejected Plaintiffs’ “secondary argument” that the Ordinance directly conflicts with the equivalence requirement found in section 7901.1, subdivision (b). The court agreed Plaintiffs had failed to sustain their burden of proving the Ordinance was invalid on its face because of this lack of equivalency. The court further explained: “[T]urning to the merits of Plaintiffs’ contention[,] the Court agrees that the term all entities means just that and is not limited to telephone and telegraph corporations. However, Plaintiffs have failed to provide reasoning or authority that justifies a finding 7 that [section] 7901.1 requires that all entities, whatever or whoever they may be, must be subject to regulation under the Wireless Ordinance or something similar.” Plaintiffs filed a timely notice of appeal from the judgment.7 After Plaintiffs filed their notice of appeal, the Board of Supervisors adopted Ordinance No. 18-15 (the Amended Ordinance) in order to comply with the trial court’s judgment.8 In relevant part, the Amended Ordinance retains the same basic permitting structure, but simplifies the standards applicable to proposed wireless facilities by removing the size-based tiers. (See S.F. Public Works Code, §§ 1502–1503.) The Amended Ordinance continues to require compliance with aesthetics-based compatibility standards, but the applicable standard is now determined solely by the location of the facility. (See id., §§ 1502, 1508–1510.) All wireless facilities are now subject to the public notice and protest provisions formerly only applicable to Tier III facilities. (See id., §§ 1512–1513.)9 II. DISCUSSION The question on appeal is whether the Ordinance, on its face, conflicts with and is preempted by sections 7901 and 7901.1. Plaintiffs contend the Legislature preempted local regulation by giving Plaintiffs the right to install telephone lines in the public right- of-way “in such manner and at such points as not to incommode the public use of the 7 The City filed a cross appeal, which was voluntarily dismissed. 8 On December 10, 2015, the City asked us to take judicial notice of, among other things, the Amended Ordinance. We deferred ruling on the unopposed request and now grant it with respect to the Amended Ordinance, its implementing regulations, and dictionary definitions of “incommode.” (Evid. Code, §§ 451, subd. (e), 452, subds. (b), (h), 459; Dailey v. City of San Diego (2013) 223 Cal.App.4th 237, 244, fn. 1 [“we may take judicial notice of postjudgment legislative changes that are relevant to an appeal”].) In all other respects, the request is denied because the documents the City asks us to notice are irrelevant. 9 Intervening legislative amendments may moot an appeal (Callie v. Board of Supervisors (1969) 1 Cal.App.3d 13, 18), but it is undisputed that the Amended Ordinance reenacted aesthetic conditions for issuance of a Wireless Permit. The differences between the 2011 Wireless Ordinance and the Amended Ordinance are irrelevant to our analysis, and we refer to them interchangeably as the Ordinance. 8 road or highway or interrupt the navigation of the waters.” (§ 7901, italics added.) Plaintiffs also argue the Ordinance violates the “equivalent treatment” requirement of section 7901.1, subdivision (b), because only wireless providers are required to obtain site-specific permits to install their equipment within the right-of-way. The City, on the other hand, maintains the Ordinance is not preempted by either section 7901 or section 7901.1.10 Specifically, the City insists the plain meaning of the term “incommode” is broad enough “to be inclusive of concerns related to the appearance of a facility” and section 7901.1, subdivision (b), does not apply to the Ordinance. We agree with the City on both points. We review questions of statutory interpretation and preemption de novo. (Farm Raised Salmon Cases (2008) 42 Cal.4th 1077, 1089, fn. 10; Lewis C. Nelson & Sons, Inc. v. Clovis Unified School Dist. (2001) 90 Cal.App.4th 64, 69.) “ ‘[T]he construction of statutes and the ascertainment of legislative intent are purely questions of law. This court is not limited by the interpretation of the statute made by the trial court . . . .’ ” (Bravo Vending v. City of Rancho Mirage (1993) 16 Cal.App.4th 383, 391–392.) “Facial challenges consider only the text of a measure, not the application of the measure to particular circumstances.” (San Diego Gas & Electric Co. v. City of Carlsbad (1998) 64 Cal.App.4th 785, 803; accord, Tobe v. City of Santa Ana (1995) 9 Cal.4th 1069, 1084.) “Facial challenges to legislation are the most difficult to successfully pursue because the challenger must demonstrate that ‘ “ ‘no set of circumstances exists under which the [law] would be valid.’ ” [Citation.]’ [Citation.] Thus, the moving party must establish that the challenged legislation inevitably is in total, fatal conflict with applicable prohibitions.” (Sierra Club v. Napa County Bd. of Supervisors (2012) 205 Cal.App.4th 162, 173.) “[O]ur task is to determine whether the statute can constitutionally be applied. ‘To support a determination of facial unconstitutionality, 10 The League of California Cities, the California State Association of Counties, and SCAN NATOA, Inc. (the States of California and Nevada Chapter of the National Association of Telecommunications Officers and Advisors) filed an amicus curiae brief in support of the City’s position. 9 voiding the statute as a whole, [plaintiffs] cannot prevail by suggesting that in some future hypothetical situation constitutional problems may possibly arise as to the particular application of the statute . . . . Rather, [plaintiffs] must demonstrate that the act’s provisions inevitably pose a present total and fatal conflict with applicable constitutional prohibitions.’ ” (Arcadia Unified School Dist. v. State Dept. of Education (1992) 2 Cal.4th 251, 267.) Preemption analysis “consists of four questions, which in order of increasing difficulty may be listed as follows: (1) Does the ordinance duplicate any state law? (2) Does the ordinance contradict any state law? (3) Does the ordinance enter into a field of regulation which the state has expressly reserved to itself? (4) Does the ordinance enter into a field of regulation from which the state has implicitly excluded all other regulatory authority?” (Bravo Vending v. City of Rancho Mirage, supra, 16 Cal.App.4th at p. 397.) “ ‘[A]bsent a clear indication of preemptive intent from the Legislature,’ we presume that local regulation ‘in an area over which [the local government] traditionally has exercised control’ is not preempted by state law. [Citation.] ‘The party claiming that general state law preempts a local ordinance has the burden of demonstrating preemption.’ ” (Action Apartment Assn., Inc. v. City of Santa Monica (2007) 41 Cal.4th 1232, 1242; Big Creek Lumber Co. v. County of Santa Cruz (2006) 38 Cal.4th 1139, 1149.) “A local ordinance duplicates state law when it is ‘coextensive’ with state law. [Citation.] [¶] A local ordinance contradicts state law when it is inimical to or cannot be reconciled with state law. [Citation.] [¶] A local ordinance enters a field fully occupied by state law in either of two situations—when the Legislature ‘expressly manifest[s]’ its intent to occupy the legal area or when the Legislature ‘impliedly’ occupies the field. [Citations.] [¶] When the Legislature has not expressly stated its intent to occupy an area of law, we look to whether it has impliedly done so. This occurs in three situations: when ‘ “(1) the subject matter has been so fully and completely covered by general law as to clearly indicate that it has become exclusively a matter of state concern; (2) the subject matter has been partially covered by general law couched in such terms as to indicate 10 clearly that a paramount state concern will not tolerate further or additional local action; or (3) the subject matter has been partially covered by general law, and the subject is of such a nature that the adverse effect of a local ordinance on the transient citizens of the state outweighs the possible benefit to the” locality.’ ” (O’Connell v. City of Stockton (2007) 41 Cal.4th 1061, 1067–1068.) A. Implied Preemption by Sections 7901 and 7901.1 Plaintiffs raise several discrete arguments for reversal. First, Plaintiffs urge section 7901 gave them a right to construct and maintain their facilities in public rights- of-way throughout the state “without further discretionary approval by local governments.” They do not claim “the City lacks all authority to regulate the telephone corporations’ exercise of their [s]ection 7901 rights, rather Plaintiffs argue that the Wireless Ordinance is an act in excess of the limited [ministerial] authority the Legislature reserved to the City.” In the alternative, Plaintiffs argue that section 7901’s plain language indicates the Legislature impliedly sought to prohibit any local government regulation of aesthetics. Plaintiffs’ first argument appears to be premised on the mistaken understanding that local government has no authority to regulate Plaintiffs’ installations unless specifically authorized to do so by statute. The relevant question is not, as Plaintiffs posit, whether section 7901 or section 7901.1 “grants” the City discretionary regulatory power or the power to consider aesthetics. The question is really whether either section divests the City of its constitutional powers. Our review of the California Constitution, statutory provisions, and the relevant case law lead us to believe section 7901 is a limited grant of rights to telephone corporations, with a reservation of local police power that is broad enough to allow discretionary aesthetics-based regulation. The California Constitution provides: “A county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.” (Cal. Const., art. XI, § 7.) “Often referred to as the ‘police power,’ this constitutional authority of counties or cities to adopt local ordinances is ‘ “the power of sovereignty or power to govern—the inherent reserved power of the state 11 to subject individual rights to reasonable regulation for the general welfare.” [Citation.] The police power extends to legislative objectives in furtherance of public peace, safety, morals, health and welfare.’ ” (Cotta v. City and County of San Francisco (2007) 157 Cal.App.4th 1550, 1557.) “Under the police power . . . , [municipalities] have plenary authority to govern, subject only to the limitation that they exercise this power within their territorial limits and subordinate to state law. [Citation.] . . . [¶] If otherwise valid local legislation conflicts with state law, it is preempted by such law and is void.” (Candid Enterprises, Inc. v. Grossmont Union High School Dist. (1985) 39 Cal.3d 878, 885.) The local police power generally includes the power to adopt ordinances for aesthetic reasons. (Ehrlich v. City of Culver City (1996) 12 Cal.4th 854, 886 [imposition of aesthetic permit conditions “have long been held to be valid exercises of the city’s traditional police power”]; Disney v. City of Concord (2011) 194 Cal.App.4th 1410, 1416 [“settled . . . that cities can use their police power to adopt ordinances for aesthetic reasons”].) Telegraph and telephone corporations have long been granted the right (franchise) to construct their lines along and upon public roads and highways throughout the state. (Sunset Tel. and Tel. Co. v. Pasadena (1911) 161 Cal. 265, 272–273 [discussing former Civ. Code, § 536]; Pacific Telephone I, supra, 51 Cal.2d at pp. 770–771.) That franchise, however, also has long been subject to regulation to ensure such lines do not “incommode” the public’s use of those roads and highways. (Former Civ. Code, § 536, as amended by Stats. 1905, ch. 385, § 1, pp. 491–492; Stats. 1951, ch. 764, pp. 2025, 2194, 2258 [reenacting former Civ. Code, § 536 as Pub. Util. Code, § 7901].) Since 1951, section 7901 has provided: “Telegraph or telephone corporations may construct lines of telegraph or telephone lines along and upon any public road or highway, along or across any of the waters or lands within this State, and may erect poles, posts, piers, or abutments for supporting the insulators, wires, and other necessary fixtures of their lines, in such manner and at such points as not to incommode the public use of the road or highway or interrupt the navigation of the waters.” (Italics added.) The Legislature later confirmed local government’s “right to exercise reasonable control as to the time, place, 12 and manner in which roads, highways, and waterways are accessed” in its enactment of section 7901.1. (§ 7901.1, subd. (a), added by Stats. 1995, ch. 968, § 1, p. 7388.) The City concedes Plaintiffs are “telephone corporations” seeking to install “telephone lines” under section 7901. (See §§ 233, 234; City of Huntington Beach v. Public Utilities Com. (2013) 214 Cal.App.4th 566, 587–588; GTE Mobilenet of Cal. Ltd. v. City of San Francisco (N.D.Cal. 2006) 440 F.Supp.2d 1097, 1103 [“wireless carriers are included in the definition of ‘telephone corporation’ in § 7901, and . . . the definition of ‘telephone line’ in § 7901 is broad enough to reach wireless equipment”].) It is undisputed that local government cannot entirely bar a telephone corporation from installing its equipment in the public right-of-way. (Pacific Telephone I, supra, 51 Cal.2d at p. 774.) Furthermore, cities may not charge franchise fees to telephone corporations for the privilege of installing telephone lines in the public right-of-way. (Huntington Beach, at p. 587.) But section 7901 does not grant telephone corporations unlimited rights to install their equipment within the right-of-way. Rather, section 7901 clearly states that such installations must not “incommode the public use of the road or highway or interrupt the navigation of the waters.” (§ 7901.) Furthermore, “section 7901 grants [Plaintiffs] the privilege to construct infrastructure upon public rights-of-way, subject to a municipality’s ‘right to exercise reasonable control as to the time, place, and manner in which roads, highways, and waterways are accessed.’ (§ 7901.1, subd. (a).)” (Huntington Beach, at p. 569, fn. omitted.) In Pacific Telephone I, supra, 51 Cal.2d 766, our Supreme Court held the construction and maintenance of telephone lines in public streets is a matter of state concern, not a municipal affair, under article XI of the California Constitution. (Id. at p. 768.) It was, by then, “settled that [former] section 536 of the Civil Code constitutes ‘a continuing offer extended to telephone and telegraph companies . . . which offer when accepted by the construction and maintenance of lines’ [citation] gives a franchise from the state to use the public highways for the prescribed purposes without the necessity for any grant by a subordinate legislative body.” (Id. at p. 771.) Accordingly, the City could not require the telephone company to obtain a separate local franchise (ibid.), in addition 13 to the state franchise, or in the absence of such a local franchise “exclude telephone lines from the streets upon the theory that ‘it is a municipal affair’ ” (id. at p. 774). Plaintiffs suggest the Pacific Telephone I holding is determinative and that, if the construction and maintenance of telephone lines is a statewide concern, localities may not regulate Plaintiffs’ access to the right-of-way by requiring a discretionary permit. Plaintiffs read the opinion far too broadly. The Pacific Telephone I holding is a narrow one: cities cannot exclude telephone lines from the public right-of-way on the basis that no local franchise has been obtained.11 Opinions are not authority for propositions not considered. (People v. Avila (2006) 38 Cal.4th 491, 566.) Importantly, in Pacific Telephone I, the telephone company conceded the City retained the power to require it to obtain permits before installation or excavation in the right-of-way. (Pacific Telephone I, supra, 51 Cal.2d at pp. 773–774.) “The right of telephone corporations to construct telephone lines in public rights- of-way is not absolute. It has been observed by our Supreme Court that section 7901 grants ‘a limited right to use the highways and [does so] only to the extent necessary for the furnishing of services to the public.’ (County of L. A. v. Southern Cal. Tel. Co. (1948) 32 Cal.2d 378, 387.) The text of section 7901 provides that telephone lines may not ‘incommode the public use of the road or highway . . . .’ (Ibid.) Section 7901.1 states ‘[i]t is the intent of the Legislature, consistent with Section 7901, that municipalities shall have the right to exercise reasonable control as to the time, place, and manner in which roads, highways, and waterways are accessed.’ (§ 7901.1, subd. (a).) ‘The control, to be reasonable, shall, at a minimum, be applied to all entities in an equivalent manner.’ (§ 7901.1, subd. (b).) [¶] In addition, section 2902 states that municipal corporations may 11 Sunset Tel. and Tel. Co. v. Pasadena, supra, 161 Cal. 265 stands for a similarly narrow proposition. Plaintiffs also misplace their reliance on In re Johnston (1902) 137 Cal. 115, which is not on point. Johnston involved former section 19 of article XI of the California Constitution, which gave gas and water companies a franchise to install pipes in the right-of-way, limited only by “ ‘such general regulations as the municipality may prescribe for damages and indemnity for damages.’ ” (Johnston, at p. 119.) 14 not ‘surrender to the [Public Utilities Commission] its powers of control to supervise and regulate the relationship between a public utility and the general public in matters affecting the health, convenience, and safety of the general public, including matters such as the use and repair of public streets by any public utility, the location of the poles, wires, mains, or conduits of any public utility, on, under, or above any public streets, and the speed of common carriers operating within the limits of the municipal corporation.’ ” (City of Huntington Beach v. Public Utilities Com., supra, 214 Cal.App.4th at pp. 590– 591.) Thus, “the Public Utilities Code specifically contemplates potential conflicts between the rights of telephone corporations to install telephone lines in the public right- of-way and the rights of cities to regulate local matters such as the location of poles and wires.” (Id. at p. 591.) Instead of preempting local regulation, the statutory scheme (§§ 2902, 7901, 7901.1) and the above authority suggest the Legislature intended the state franchise would coexist alongside local regulation. In arguing “[t]here is no meaningful difference between regulating entry in a blanket fashion versus regulating entry on a case-by-case basis,” Plaintiffs seek to divert our attention from the only question before us. Case-by- case regulation is meaningfully different. Requiring a local franchise, as the City did in Pacific Telephone I, has the immediate effect of prohibiting the telephone corporations’ use of the public right-of-way, whereas local regulation on a site-by-site basis does not have the same impact. As stated by Amici Curiae, the exercise of local planning discretion “is not used to prohibit the use of the public rights of way, or to abridge any state-conferred rights of [telephone corporations]. It is used to harmonize the interest and rights of [telephone corporations] with cities’ and counties’ other legitimate objectives . . . .” Plaintiffs cannot meet their burden on a facial challenge by suggesting the City may apply the Ordinance so as to prohibit their use of the right-of-way altogether. (Arcadia Unified School Dist. v. State Dept. of Education, supra, 2 Cal.4th at p. 267 [“ ‘[t]o support a determination of facial unconstitutionality, voiding the statute as a whole, [plaintiffs] cannot prevail by suggesting that in some future hypothetical situation constitutional problems may possibly arise as to the particular application of the 15 statute’ ”].) Plaintiffs have not met their burden to show local government can never, in any situation, exercise discretion to deny a permit for a particular proposed wireless facility. Thus, we turn to Plaintiffs’ second argument—that section 7901 implicitly prohibits any local government regulation of wireless facility aesthetics. Plaintiffs appear to concede the Ordinance does not duplicate or contradict state law. Instead, they appear to focus on whether the Ordinance has “manifested its intent to ‘fully occupy’ ” any area of regulation exceeding that necessary to prevent physical obstruction of travel on the public right-of-way. (Sherwin-Williams Co. v. City of Los Angeles (1993) 4 Cal.4th 893, 898.) Accordingly, the question is whether the Legislature impliedly preempted the City’s power to condition approval of a Wireless Permit on aesthetics-based standards? “The Legislature’s ‘preemptive action in specific and expressly limited areas weighs against an inference that preemption by implication was intended elsewhere.’ [Citations.] In addition, . . . ‘[p]reemption by implication of legislative intent may not be found when the Legislature has expressed its intent to permit local regulations. Similarly, it should not be found when the statutory scheme recognizes local regulations.’ ” (Big Creek Lumber Co. v. County of Santa Cruz, supra, 38 Cal.4th at p. 1157.) “In general, courts are cautious in applying the doctrine of implied preemption: ‘[I]n view of the long tradition of local regulation and the legislatively imposed duty to preserve and protect the public health, preemption may not be lightly found.’ [Citation.] Where local legislation clearly serves local purposes, and state legislation that appears to be in conflict actually serves different, statewide purposes, preemption will not be found.” (San Diego Gas & Electric Co. v. City of Carlsbad, supra, 64 Cal.App.4th at p. 793.) The Ordinance unquestionably allows the City to condition approval of a particular Wireless Permit on aesthetic considerations. Plaintiffs contend the Legislature impliedly preempted such local regulation by giving telephone corporations the power to install telephone lines in the public right-of-way “in such manner and at such points as not to incommode the public use of the road or highway or interrupt the navigation of the 16 waters.” (§ 7901, italics added.) Plaintiffs’ position is that “incommode” means only physical obstruction of travel in the public right-of-way. The City, on the other hand, points out that the dictionary definition of “incommode” is broader and includes “inconvenience, discomfort, and disturbance beyond mere blockage.” (See Merriam Webster Online Dictionary <http://www.merriam-webster.com/dictionary/incommode> [as of Sept. 15, 2016] [defining “incommode” as “to give inconvenience or distress to: disturb”]; Webster’s Dictionary (1828) <http://webstersdictionary1828.com/Dictionary/ incommode> [as of Sept. 15, 2016] [defining “incommode” as “[t]o give inconvenience to; to give trouble to; to disturb or molest in the quiet enjoyment of something, or in the facility of acquisition”; denoting “less than annoy, vex or harass”; e.g., “We are incommoded by want of room to sit at ease”].) We must construe the statute. “The relevant principles that guide our decision are well known. ‘ “Our function is to ascertain the intent of the Legislature so as to effectuate the purpose of the law. [Citation.] To ascertain such intent, courts turn first to the words of the statute itself [citation], and seek to give the words employed by the Legislature their usual and ordinary meaning. [Citation.] When interpreting statutory language, we may neither insert language which has been omitted nor ignore language which has been inserted. (Code Civ. Proc., § 1858.) The language must be construed in the context of the statutory framework as a whole, keeping in mind the policies and purposes of the statute [citation], and where possible the language should be read so as to conform to the spirit of the enactment. [Citation.]” ’ [Citations.] [¶] We also must endeavor to harmonize, both internally and with each other, separate statutory provisions relating to the same subject.” (Lewis C. Nelson & Sons, Inc. v. Clovis Unified School Dist., supra, 90 Cal.App.4th at pp. 69–70.) “ ‘ “It is an elementary rule of construction that effect must be given, if possible, to every word, clause and sentence of a statute.” A statute should be construed so that effect is given to all its provisions, so that no part will be inoperative or superfluous, void or insignificant, and so that one section will not destroy another unless the provision is the result of obvious mistake or error.’ ” (Rodriguez v. Superior Court (1993) 14 Cal.App.4th 1260, 1269.) 17 “When attempting to ascertain the ordinary, usual meaning of a word, courts appropriately refer to the dictionary definition of that word.” (Wasatch Property Management v. Degrate (2005) 35 Cal.4th 1111, 1121–1122.) “If the language is clear and unambiguous there is no need for construction, nor is it necessary to resort to indicia of the intent of the Legislature (in the case of a statute) . . . .” (Lungren v. Deukmejian (1988) 45 Cal.3d 727, 735.) “When the language is susceptible of more than one reasonable interpretation, however, we look to a variety of extrinsic aids, including the ostensible objects to be achieved, the evils to be remedied, the legislative history, public policy, contemporaneous administrative construction, and the statutory scheme of which the statute is a part.” (People v. Woodhead (1987) 43 Cal.3d 1002, 1008.) “We must select the construction that comports most closely with the apparent intent of the Legislature, with a view to promoting rather than defeating the general purpose of the statute, and avoid an interpretation that would lead to absurd consequences.” (People v. Jenkins (1995) 10 Cal.4th 234, 246.) “The court will apply common sense to the language at hand and interpret the statute to make it workable and reasonable.” (Wasatch Property Management, at p. 1122.) In contending the trial court erred by adopting the broader interpretation of “incommode,” Plaintiffs rely on Western Union Tel. Co. v. Visalia (1906) 149 Cal. 744, 750 (Visalia) and Pacific Tel. & Tel. Co. v. City & County of San Francisco (1961) 197 Cal.App.2d 133, 152 (Pacific Telephone II). In Visalia, a telegraph company challenged an assessment imposed on a purported local franchise to operate telegraph lines within the city of Visalia. (Visalia, at p. 745.) Our Supreme Court concluded there was no such local franchise because former Civil Code section 536 had already given the telegraph company “the right, of which the city could not deprive it, to construct and operate its lines along the streets of the city.” (Visalia, at p. 750.) The court continued: “[N]evertheless [the telegraph company] could not maintain its poles and wires in such a manner as to unreasonably obstruct and interfere with ordinary travel; and the city had the authority, under its police power, to so regulate the manner of . . . placing and 18 maintaining its poles and wires as to prevent unreasonable obstruction of travel.” (Id. at pp. 750–751.) In Pacific Telephone II, supra, 197 Cal.App.2d 133, the City argued that the telephone company could not claim a franchise under former section 536 of the Civil Code without first proving that the construction and maintenance of its poles and lines in San Francisco streets would not “incommode” the public use thereof. (Id. at p. 145.) Division One of this court rejected the argument, reasoning that the City’s interpretation of former Civil Code section 536 was too restrictive. “Obviously, the Legislature in adopting section 536 knew that the placing of poles, etc., in a street would of necessity constitute some incommodity to the public use, but the restriction necessarily is limited to an unreasonable obstruction of the public use. [¶] . . . [¶] It is absurd to contend that the installation of telephone poles and lines, under the control by the city of their location and manner of construction, is such an ‘incommodation’ as to make section 536 inapplicable. Such a construction of that section would make it completely inoperable.” (Pacific Telephone II, at p. 146, italics added.) Neither Pacific Telephone II nor Visalia considered the issue presented here— whether the aesthetic impacts of a particular telephone line installation could ever “incommode the public use.” We decline Plaintiffs’ invitation to consider the opinions as authority for propositions not considered. (People v. Avila, supra, 38 Cal.4th at p. 566.) In fact, the Pacific Telephone II court stated, “because of the state concern in communications, the state has retained to itself the broader police power of granting franchises, leaving to the municipalities the narrower police power of controlling location and manner of installation.” (Pacific Telephone II, supra, 197 Cal.App.2d at p. 152, italics added.) Thus, the case does not support Plaintiffs’ position that section 7901 prohibits local government from considering aesthetics when issuing individual Wireless Permits. It simply leaves open the question—what kind of control over location and manner can local government exercise? Although California courts have not yet addressed this precise issue in any published opinion, authority from the United States Court of Appeals for the Ninth 19 Circuit is directly on point. In Palos Verdes Estates, supra, 583 F.3d 716, the city of Palos Verdes Estates denied, for aesthetic reasons, two permits to construct wireless facilities in the public right-of-way. (Id. at p. 719.) A city ordinance authorized Palos Verdes Estates to deny such permit applications on aesthetic grounds. (Id. at pp. 720– 721.) When the telephone company challenged the permit denials, the Palos Verdes Estates court found no conflict between the city’s consideration of aesthetics and section 7901. The key to that conclusion was the court’s observation that article XI, section 7 of the California Constitution grants local government authority to regulate local aesthetics and “neither [section] 7901 nor [section] 7901.1 divests it of that authority.” (Palos Verdes Estates, supra, 583 F.3d at pp. 721–722.) The court construed the statutory language, “to ‘incommode’ the public use,” as meaning “to ‘subject [it] to inconvenience or discomfort; to trouble, annoy, molest, embarrass, inconvenience’ or ‘[t]o affect with inconvenience, to hinder, impede, obstruct (an action, etc.).’ ” (Id. at p. 723.) It also observed, “ ‘public use’ of the rights-of-way is not limited to travel” and that “[i]t is a widely accepted principle of urban planning that streets may be employed to serve important social, expressive, and aesthetic functions.” (Ibid.) Likewise, section 7901.1 did not preempt the local ordinance, as it “was added . . . in 1995 to ‘bolster the cities’ abilities with regard to construction management and to send a message to telephone corporations that cities have authority to manage their construction . . . .’ ” (Palos Verdes Estates, supra, 583 F.3d at p. 724, italics added, quoting Sen. Com. on Energy, Utilities, and Communications, Analysis of Sen. Bill No. 621 (1995–1996 Reg. Sess.).) “If the preexisting [‘incommodation’] language of [section] 7901 did not divest cities of the authority to consider aesthetics in denying [wireless facility] construction permits, then, a fortiori, neither does the language of [section] 7901.1, which only ‘bolsters’ cities’ control.” (Palos Verdes Estates, supra, 583 F.3d at p. 724.) The court concluded, “there is no conflict between [the city’s] consideration of aesthetics in deciding to deny a [wireless] permit” and sections 7901 and 7901.1. (Palos Verdes Estates, at p. 724.) 20 Three years earlier, another panel of the Ninth Circuit reached the opposite conclusion in an unpublished decision Sprint PCS v. La Cañada Flintridge (9th Cir. 2006) 182 Fed.Appx. 688, 689, 691 (La Cañada Flintridge). The La Cañada Flintridge court rejected the dictionary definition of “incommode” and, instead, relied on Pacific Telephone II’s narrow construction of “incommode.” (Id. at pp. 690–691.) The court determined the city could only prevent “ ‘unreasonable obstruction of the public use,’ ” because “[t]he text focuses on the function of the road—its ‘use,’ not its enjoyment. Based solely on § 7901, it is unlikely that local authorities could deny permits based on aesthetics without an independent justification rooted in interference with the function of the road.” (Id. at pp. 690–691.) Plaintiffs ask us to rely on La Cañada Flintridge, contending that Palos Verdes Estates inadequately addresses California authority. Plaintiffs’ criticism is not well taken. The Palos Verdes Estates court cites Pacific Telephone I for the proposition that a “telephone franchise is a matter of state concern but city still controls the particular location and manner in which public utility facilities are constructed in the streets.” (Palos Verdes Estates, supra, 583 F.3d at pp. 722–723, fn. 3.) We have already expressed our disagreement with Plaintiffs’ broader reading of Pacific Telephone I and thus cannot fault the Palos Verdes Estates court for implicitly reaching the same conclusion or not discussing Visalia, supra, 149 Cal. 744, In re Johnston, supra, 137 Cal. 115, or Sunset Tel. and Tel. Co. v. Pasadena, supra, 161 Cal. 265. Of course, we are not bound by the Ninth Circuit’s opinion on matters of state law. (Campbell v. Superior Court (1996) 44 Cal.App.4th 1308, 1317.) Although the Palos Verdes Estates opinion is not binding, we find it persuasive. (Adams v. Pacific Bell Directory (2003) 111 Cal.App.4th 93, 97; Mesler v. Bragg Management Co. (1985) 39 Cal.3d 290, 299.) We agree with the City and the Palos Verdes Estates court that Plaintiffs’ interpretation of “incommode” is too narrow and inconsistent with the term’s plain meaning. Plaintiffs’ other textual arguments, grounded in La Cañada Flintridge, are no more convincing. According to Plaintiffs, because the express language of section 7901 provides that telephone corporations may not install their equipment in a 21 location or manner that “incommode[s] the public use of the road or highway or interrupt[s] the navigation of the water,” the Legislature must have intended “incommode” be limited to physical obstructions of travel.12 Plaintiffs’ argument rests on the faulty assumption that “use” of a public road means nothing beyond transportation thereon. We agree with the Palos Verdes Estates court that public use of the right-of-way is not limited to travel and that streets “may be employed to serve important social, expressive, and aesthetic functions.” (Palos Verdes Estates, supra, 583 F.3d at p. 723.) We believe the La Cañada Flintridge court reached the wrong result through a cursory analysis, in which it interpreted “incommode” too narrowly and adopted a myopic view of the function of public roads. (La Cañada Flintridge, supra, 182 Fed.Appx. at pp. 690–691.) Furthermore, although we are not precluded from considering unpublished federal decisions, we note that even within the Ninth Circuit La Cañada Flintridge has no precedential value. (Bowen v. Ziasun Technologies, Inc. (2004) 116 Cal.App.4th 777, 787, fn. 6; U.S. Cir. Ct. Rules (9th Cir.), rule 36-3(a) [“[u]npublished dispositions and orders of this Court are not precedent, except when relevant under the doctrine of law of the case or rules of claim preclusion or issue preclusion”].) Nothing in section 7901 explicitly prohibits local government from conditioning the approval of a particular siting permit on aesthetic concerns. In our view, “incommode the public use” means “to unreasonably subject the public use to inconvenience or 12 The Legislature’s use of the terms “use” and “enjoyment” in other, unrelated provisions of state law does not convince us that the omission of the latter term here is significant. (See Katie V. v. Superior Court (2005) 130 Cal.App.4th 586, 595 [“when ‘ “ ‘a statute on a particular subject omits a particular provision, the inclusion of such a provision in another statute concerning a related matter indicates an intent that the provision is not applicable to the statute from which it was omitted’ ” ’ ” (italics added)].) Nor are we persuaded by Plaintiffs’ reliance on out-of-state tort cases that involved liability related to a utility company’s actual physical obstruction of public roads. Neither these opinions, nor other inapposite out-of-state cases cited by Plaintiffs, address the question before us. Nor do they suggest the meaning of “incommode” is limited to physical obstruction of travel. 22 discomfort; to unreasonably trouble, annoy, molest, embarrass, inconvenience; to unreasonably hinder, impede, or obstruct the public use.” (See Palos Verdes Estates, supra, 583 F.3d at p. 723.) We cannot agree with Plaintiffs that our construction of the term “incommode” is limitless and “effectively nullif[ies] the Section 7901 franchise.” We can certainly imagine that a large wireless facility might aesthetically “incommode” the public use of the right-of-way, if installed very close to Coit Tower or the oft photographed “Painted Ladies,” but present no similar “incommodation” in other parts of the urban landscape. Plaintiffs also argue: “Even if aesthetics were a theoretically proper basis for regulating the installation of telephone lines in the public rights of way under Section 7901, the City’s treatment of other equipment in the public rights of way emphasizes that there are no legitimate grounds for claiming that wireless equipment may incommode the use of the public rights of way.” Should Plaintiffs be denied a Wireless Permit in an area already cluttered with other electrical and telecommunications equipment, we again have no doubt they may pursue an as-applied challenge. Presented only with a facial challenge, we cannot assume the City will apply the Ordinance in this manner. (Arcadia Unified School Dist. v. State Dept. of Education, supra, 2 Cal.4th at p. 267.) The trial court did not err in determining the Ordinance is not facially preempted by sections 7901 and section 7901.1. B. Direct Conflict Preemption by Section 7901.1 Plaintiffs also argue that the Ordinance directly conflicts with section 7901.1, subdivision (b), because the City “has singled out wireless equipment” by requiring providers of commercial mobile services alone to obtain site-specific permits while “ignoring the aesthetics of identical equipment installed by other right of way occupants.” Plaintiffs assert the trial court’s conclusion the Ordinance does not facially conflict with section 7901.1, subdivision (b), “is inconsistent with its [other] factual and legal holdings”—i.e., that other occupants’ equipment is similar in size and appearance and that site-specific permitting requirements are not imposed on other occupants of the right- of-way. 23 Section 7901.1 provides: “(a) It is the intent of the Legislature, consistent with Section 7901, that municipalities shall have the right to exercise reasonable control as to the time, place, and manner in which roads, highways, and waterways are accessed. [¶] (b) The control, to be reasonable, shall, at a minimum, be applied to all entities in an equivalent manner. [¶] (c) Nothing in this section shall add to or subtract from any existing authority with respect to the imposition of fees by municipalities.” (Italics added.) Plaintiffs and the City agree that section 7901.1, subdivision (b), applies only to construction activities. They use the term in different senses, however. The City maintains: “[T]he use of the phrase ‘time, place, and manner in which the roads, highways, and waterways are accessed’ clearly refers to local authority to control temporary uses of the public right-of-way during construction. This term implies that the legislature intended to make clear local governments could prevent incommodations both through section 7901 and by controlling the use of the public right-of-way during construction—even if the facilities once constructed (i.e., underground utility facilities) could not themselves incommode the public right-of-way.” (Italics added.) In other words, “[t]he inquiry under section 7901 is whether, once installed, those facilities would ‘incommode’ the public right-of-way. Construction management regulations permitted under section 7901.1 . . . address how the applicant intends to install its facilities in the public right-of-way.” Under the City’s interpretation of section 7901.1, subdivision (b) of the statute has no application to the Ordinance because it is not a regulation of “time, place, and manner of construction—but is instead a regulation that permits Wireless Facilities to be installed in the public right-of-way subject to certain siting criteria.” (Italics added.) Plaintiffs, on the other hand, contend that section 7901.1 does not relate solely to temporary construction access to the right-of-way. Plaintiffs’ position is that section 7901.1 “does not expand [local government] authority,” but rather defines the limited authority section 7901 reserved for local governments to regulate how the public right-of- way is accessed and occupied. “In other words, Section 7901.1 tells us that the way local governments can enforce the limits of telephone corporations’ statewide franchise rights 24 and ensure they do not ‘incommode the public use’ of the streets is to assert ‘reasonable control’ over the ‘time, place, and manner’ in which telephone corporations access the public rights of way.” (Fn. omitted.) Plaintiffs maintain “[s]ection 7901 does not describe local authority, [s]ection 7901.1 does.” “Access” means “a way of getting near, at, or to something or someone”; “a way of being able to use or get something”; “permission or the right to enter, get near, or make use of something or to have contact with someone.” (See Merriam Webster Online Dictionary <http://www.merriam-webster.com/dictionary/accessed> [as of Sept. 15, 2016].) Although the plain meaning of the word “accessed” is ambiguous, the remainder of section 7901.1 and its legislative history make clear the section is concerned solely with “temporary access” for construction purposes. (See Palos Verdes Estates, supra, 583 F.3d at pp. 724–725 [agreeing the Legislature’s use of phrase “time, place and manner” in which rights-of-way “are accessed” “can refer only to when, where, and how telecommunications service providers gain entry to the public rights-of-way”].) Enactment of section 7901.1 was premised on an understanding that the section 7901 franchise “provide[s] the telephone corporations with the right to construct and maintain their facilities. Local government has limited authority to manage or control that construction. [¶] . . . [¶] . . . This bill is intended to bolster the [cities’] abilities with regard to construction management and to send a message to telephone corporations that cities have authority to manage their construction, without jeopardizing the telephone corporations’ statewide franchise.” (Sen. Rules Com., Off. of Sen. Floor Analyses, 3d reading analysis of Sen. Bill No. 621 (1995–1996 Reg. Sess.) as amended May 3, 1995, pp. 1, 3, italics added.) The legislative history of section 7901.1 also provides: “To encourage the statewide development of telephone service, telephone corporations have been given state franchises to build their networks. This facilitates construction by minimizing the ability of local government to regulate construction by telephone corporations. Only telephone companies have statewide franchises; energy utilities and cable television companies obtain local franchises. [¶] . . . [¶] Cities interpret their authority to manage telephone 25 company construction differently. Telephone corporations represent their rights under state franchise differently as well, sometimes taking the extreme position that cities have absolutely no right to control construction. This lack of clarity causes frequent disputes. Among the complaints of the cities are a lack of ability to plan maintenance programs, protect public safety, minimize public inconvenience, and ensure adherence to sound construction practices. Cities are further concerned that multiple street cuts caused by uncoordinated construction shortens the life of the streets, causing increased taxpayer costs, as described in a recently commissioned study.” (Assem. Com. on Utilities and Commerce, Rep. on Sen. Bill No. 621 (1995-1996 Reg. Sess.) as amended July 7, 1995, pp. 1–2, italics added.) If we were to accept Plaintiffs’ construction of section 7901.1, we would necessarily ignore this legislative history and, more importantly, eliminate the effect of section 7901.1’s “consistent with section 7901” language. Had the Legislature intended to narrow and restrict local government’s existing authority under section 7901, we cannot imagine it would have included the “consistent with section 7901” language. Nor would an enrolled bill report make clear that Senate Bill No. 621 “would not change current law, but would simply clarify existing municipality rights” and “reduce disputes between telephone companies and cities, as well as result in fewer inconveniences to citizens without infringing on the telephone companies[’] right to construct and maintain their facilities.” (Governor’s Off. of Planning & Research, Enrolled Bill Rep. on Sen. Bill No. 621 (1995–1996 Reg. Sess.) Aug. 31, 1995, p. 3.) We understand section 7901.1 as affirming and clarifying a subset of the local government powers, reserved under section 7901, to regulate telephone lines in the right- of-way. Even if the meaning of “all entities” is not limited to telephone and telegraph corporations, Plaintiffs have not met their burden to show the Ordinance is preempted because section 7901.1 applies only to construction itself. With respect to temporary access to the right-of-way for construction purposes, the record shows the City uniformly requires AT&T, Comcast, PG&E, and Plaintiffs to obtain temporary occupancy permits to access the right-of-way during construction. Of course, if the Legislature disagrees 26 with our conclusions, or wishes to grant the wireless industry further relief from local regulation, it remains free to amend sections 7901 and 7901.1. III. DISPOSITION The judgment is affirmed. The City is to recover its costs on appeal. _________________________ BRUINIERS, J. WE CONCUR: _________________________ SIMONS, Acting P. J. _________________________ NEEDHAM, J. 27 Superior Court of the City and County of San Francisco, No. CGC-11-510703, James McBride, Judge. Davis Wright Tremaine, Martin L. Fineman, T. Scott Thompson and Daniel P. Reing for Plaintiffs and Appellants. Dennis J. Herrera, City Attorney, Yvonne R. Meré, Chief of Complex and Affirmative Litigation, William K. Sanders and Erin B. Bernstein, Deputy City Attorneys, for Defendants and Respondents. Rutan & Tucker, Jeffrey T. Melching and Ajit Singh Thind for League of California Cities, California State Association of Counties and SCAN NATOA, Inc. as Amici Curiae on behalf of Defendants and Respondents. Wireless Access Permit Appeals County Files: #WA17-0008, #WA17-0013, #WA18-0002, #WA18-0003, and #WA18-0004 Contra Costa County Board of Supervisors Tuesday, February 26, 2019 Overview This is a hearing for the appeals of the County Planning Commission’s decisions to deny the appeals and uphold the decisions of the County Zoning Administrator to approve Wireless Facility Access Permits to establish new Verizon Wireless cell sites attached to utility poles in the public right-of-way in the Alamo and Walnut Creek area of unincorporated Contra Costa County. General Plan and Zoning All of the proposed sites are located within the Single-Family Residential –Low Density General Plan Land Use Designation and the R-20 Single- Family Residential Zoning District #WA17-0008 #WA17-0013 #WA18-0002 #WA18-0003 #WA18-0004 Background The County Zoning Administrator (ZA)approved the Wireless Facility Access Permits at public hearings held in October and November 2018. Timely appeals of the ZA’s decisions were received following the approvals. The County Planning Commission approved the Wireless Facility Access Permits at the Planning Commission meetings held on December 12,2018 and January 9,2019. Timely appeals of the County Planning Commission’s decisions were received following the approvals. Summary of Appeal Points #WA17-0008 The County Planning Commission erroneously denied the appeal,based on Verizon Wireless'rebuttal to information the appellant presented about potential sight distance obstruction.Therefore,the Commission did not recognize that the new facility would increase an existing safety risk due to poor visibility at the intersection of Danville Boulevard and Francesca Way. #WA17-0013 Appeal Point #1:There is no need for improved wireless network capacity. Appeal Point #2:CA constitution requires the County to protect residents. Appeal Point #3:FCC regulations constrain local discretion. Appeal Point #4:Aesthetic impacts incommode public use of the right-of-way. Appeal Point #5:Installed facility may not reflect approved plans. Appeal Point #6:Inconsistent with residential zoning district. Appeal Point #7:The facility will be a fire hazard. Appeal Point #8:Liability for negative impacts related to RF exposure. Appeal Point #9:Local government has regulatory authority over utilities #WA17-0013 Continued Appeal Point #10:The project will lower neighboring property values. Appeal Point #11 :Hard wired fiber optics connections would be preferable within residential neighborhoods. Appeal Point #12:The County should require annual recertification of RF emissions originating from the facility. #WA18-0002 Appeal Point #1:The proposed wireless telecommunications facility would aesthetically clash with the "bucolic country lifestyle"of Alamo.(Appeal point is similar to Appeal Point #4 for County File #WA17-0013) Appeal Point #2:The proposed cell site is unnecessary because it would not address current network coverage or capacity needs.(Appeal point is similar to Appeal Point #1 for County File #WA17-0013) Appeal Point #3:The proposed cell site would decrease property values.Lowered property values would negatively affect the local public school system.The County Wireless ordinance gives discretion to deny permits for reasons outside of the issuance requirements.(Appeal point is similar to Appeal Point #10 for County File #WA17-0013) Appeal Point #4:Neither the Federal Telecom Act of 1996 nor Chapter 88-24 (Wireless Telecommunications Facilities)of the County’s Ordinance Code show any prohibition on annual electromagnetic emissions (EME)measurements.The Zoning Administrator is within the County’s legal rights in making annual EME measurements a condition of approval.(Appeal point is similar to Appeal Point #12 for County File #WA17-0013) Appeal Point #5:The proposed antenna is a fire risk.(Appeal point is similar to Appeal Point #7 for County File #WA17- 0013) #WA18-0003 Appeal Point #1:The proposed Verizon Wireless cell site is not the least intrusive design.In addition, pole mounted equipment would make the utility pole unstable and possibly block the drainage ditch in which the pole is located. Appeal Point #2:The proposed wireless telecommunications facility would cause financial loss to homeowners on and adjacent to Meadow Road.(Appeal point is similar to Appeal Point #10 for County File #WA17-0013) Appeal Point #3:There is a lack of need for a new Verizon Wireless facility on or near the Meadow Road/Tice Valley area.(Appeal point is similar to Appeal Point #1 for County File #WA17-0013) Appeal Point #4:The project violates the County Wireless Ordinance because the location and design is not consistent with state and federal requirements to “protect and enhance the public health,safety, and welfare of County residents”. Appeal Point #5:Approval of the proposed project would be a violation of the California Constitution and deprive the appellants of life,liberty,or property without due process of law or deny equal protection under the law.(Appeal point is similar to Appeal Point #2 for County File #WA17-0013) #WA18-0004 Appeal Point #1:Replacing the existing utility pole and adding Verizon Wireless cell site infrastructure would create a fire and falling apparatus hazard.(Appeal point is similar to Appeal Point #7 for County File #WA17-0013) Appeal Point #2:The RF emissions from the proposed cell site would encroach and trespass through adjacent properties. Appeal Point #3:The FCC public health standards cannot be relied upon. Appeal Point #4:No EIR has been conducted. Appeal Point #5:No public health study has been conducted. Appeal Point #6:The ZA failed to limit the permit scope,thus allowing expansion to higher cellular frequencies with minimal oversight.Other carriers may also choose to establish wireless telecommunications facilities on other utility poles. Appeal Point #7:Neighborhood property values will be adversely affected due to visual and aesthetic impacts during construction and failure to comply with design guidelines.The applicant also failed to explore other viable options for the proposed wireless facility.(Appeal point is similar to Appeal Point #10 for County File #WA17-0013) Photo Simulations #WA17-0008 #WA17-0013 #WA18-0002 #WA18-0003 #WA18-0004 Elevations #WA17-0008 Southeast #WA17-0008 Northeast #WA17-0013 West #WA17-0013 South #WA18-0002 Southeast #WA18-0002 Northeast #WA18-0003 North #WA18-0003 North #WA18-0004 Southwest #WA18-0004 Southeast Staff Recommendation Staff recommends that the Board of Supervisors DENY the appeals and UPHOLD the County Planning Commission's decisions to approve Wireless Facility Access Permits. QUESTIONS? RECOMMENDATION(S): 1. OPEN the public hearing on an appeal of a Planning Commission decision to approve a wireless facilities access permit for a Verizon Wireless cell site on a utility pole in the right of way near 20 Francesca Way in the Alamo area. (Permit No. WA17-0008), RECEIVE testimony, and CLOSE the public hearing. 2. DETERMINE that County File #WA17-0008 is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15303. 3. DIRECT the Department of Conservation and Development to file a CEQA Notice of Exemption with the County Clerk. 4. APPROVE a wireless facility access permit for a Verizon Wireless cell site on an utility pole in the Danville Boulevard public right-of-way in Alamo (Permit No. WA17-0008). 5. APPROVE the findings in support of Permit No WA17-0008. 6. APPROVE the conditions of approval for Permit WA17-0008. 7. DENY the appeal of James “Sean” Albright. FISCAL IMPACT: The applicant has paid the necessary application deposit, and is obligated to pay supplemental fees to cover all additional costs associated with the application process. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes:See Addendum VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Joseph Lawlor, (925) 674-7802 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D. 8 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:February 26, 2019 Contra Costa County Subject:Verizon Wireless Access Permit #WA17-0008 BACKGROUND: This is a hearing for an appeal of the County Planning Commission’s decision to deny an appeal and uphold the decision of the County Zoning Administrator to approve a Wireless Facility Access Permit to establish a new Verizon Wireless cell site attached to an existing utility pole within the Danville Boulevard public right-of-way adjacent to 20 Francesca Way, in the Alamo area of unincorporated Contra Costa County. Project Description The project is to establish a new cell site attached to an existing utility pole and includes adding one 4-foot-tall canister antenna (on top of a 5-foot-tall pole extension) located on top of the pole and ancillary equipment also attached to the pole. Ancillary equipment includes: . • Two diplexers; • Two Remote Radio Units (RRUs); • One disconnect switch; • One electrical panel; • One PG&E smartmeter; and • Associated conduit and wiring. . With the addition of the extension and 4-foot-tall antenna to the top of the pole, the facility would be 47.8 feet tall. The other equipment would be mounted on the side of the pole from 8 to 18 feet above grade and would extend outwards from the pole up to 1-foot 9-inches. No ground mounted equipment is proposed. Appeal of the County Planning Commission’s Decision . On January 22, 2018, Mr. James "Sean" Albright filed an appeal with the Department of Conservation and Development, Community Development Division, over the decision of the County Planning Commission to deny the appeal and uphold the decision of the County Zoning Administrator to approve the Wireless Facility Access Permit. The appeal point in the letter has been summarized and addressed below: James "Sean" Albright, 20 Francesca Way, Alamo Summary of Appeal Point: In his appeal letter, Mr. Albright states that the County Planning Commission erroneously denied his appeal, based on Verizon Wireless' rebuttal to information he presented at the Commission meeting. He attests that since the rebuttal from Verizon Wireless was not accurate, the Commission did not recognize that the new facility would increase an existing safety risk due to poor visibility at the intersection of Danville Boulevard and Francesca Way. The letter provides four responses to the claims made by Verizon at the Commission hearing. The four points are as follows: • The pictures which Mr. Albright presented at the Commission were taken from a vehicle, not from an elevated location, as stated by Verizon, which would exaggerate the view obstruction. • The equipment represented in the mock-up photos presented by Mr. Albright at the Commission accurately represent the size of the equipment that would be located at eight feet above ground level. • The proposed equipment would project significantly because the pole is smaller than what is represented in the architectural elevations. represented in the architectural elevations. • Adding the equipment increases the safety risk, regardless of the obstruction caused by the existing pole. Staff Response: The photographs and testimony presented by Mr. Albright at the Commission meeting were reviewed by the Commission and County staff. Based on all the information provided, the Commission denied the appeal of Mr. Albright. Public Works Department staff and consultant explained that line-of-sight measurement requirements from the California Highway Design Manual (HDM) Topic 405 provide that line of sight for corner sight distance for passenger cars is to be determined from a 3 and 1/2-foot height at the location of the driver of the vehicle in the center of the minor road lane to a 3 and 1/2-foot object height in the center of the approaching outside lane of the major road. Based on these standards, the Commission found that the line of sight would not be obscured by the proposed equipment located at 8 feet above ground level. Nevertheless, after considering all testimony, the Commission directed staff to add a condition of approval to the project (Condition of Approval No. 29) which provides: "The proposed pole-mounted shroud shall be located at a height not lower than 11 feet from ground level. Any equipment that cannot be located above 11 feet from ground level shall, to the extent feasible, be located within the profile of the utility pole." Mr. Albright has appealed the Commission’s decision on the grounds stated above. Public Works Department staff have re-evaluated the proposed design of the facility and the proposed locations for all pole-mounted equipment, and have considered Condition of Approval No. 29. Based on the HDM line-of-sight measurement standards described above, the physical size of the utility pole and all pole-mounted equipment, and the requirements of the condition of approval, Public Works Department staff have determined that driver line-of-sight distances will remain unchanged following installation of the facility. Therefore, the facility and pole-mounted equipment will not increase the safety risk to the traveling public. DCD staff recommends that the Board of Supervisors deny the appeal on the grounds stated above and uphold the Planning Commission’s decision on County File #WA17-0008. Project History . Verizon Wireless c/o On Air, LLC, submitted County File #WA17-0008 on October 19, 2017. A Notice of Tentative Approval was sent to property owners within 300 feet of the project site on September 7, 2018. Two request for a hearing were recieved during the noticing period, becoming the impetus for the October 1, 2018 County Zoning Administrator Meeting. At the hearing, the Zoning Administrator continued the application to a open hearing on October 15, 2018, so that information and testimony submitted could be considered and the applicant could provide information regarding the location of the utility pole. At the October 15, 2018 hearing, the applicant submitted a field survey verification letter, prepared by Curt C. Castro, Licensed Land Surveyor (CLLS #8714), which confirmed location of the subject pole within the Danville Boulevard right-of-way. The Zoning Administrator continued the application to a hearing on November 5, 2018, so that the submitted survey could be reviewed. The Zoning Administrator approved the project at the November 5, 2018 hearing. On November 15, 2018, James "Sean" Albright filed a timely appeal with the Department of Conservation and Development, Community Development Division (CDD) over the decision of the Zoning Administrator (ZA) to approve the proposed project, becoming the impetus for scheduling the appeal of the Zoning Administrator's decision on the December 12, 2018 County Planning Commission meeting. The Commission continued the hearing to Wednesday, January 9, 2019, due to lack of time. The Commission approved the project at their meeting on January 9, 2019. This approval included one additional condition and a modification to Condition of Approval No. 28 for consistency with the other approved Wireless Access applications. The modified conditions stated, “Within 15 days of the antenna being installed, Verizon shall take RF power density measurements with the antenna operating to verify the level reported in the Hammett and Edison report and to ensure that the FCC public exposure level is not exceeded in any publicly accessible area. This measurement shall be taken again if any equipment is replaced or added. Verification of these measurements shall be submitted to CDD for review and to confirm that the requirements of the Ordinance Code have been met.” The additional condition required that: "The proposed pole-mounted shroud shall be located at a height not lower than 11 feet from ground level. Any equipment that cannot be located above 11 feet from ground level shall, to the extent feasible, be located within the profile of the utility pole." On January 22, 2019, James "Sean" Albright filed a timely appeal with the Department of Conservation and Development, Community Development Division (CDD) over the decision of the County Planning Commission to approve the proposed project. Conclusion .. The appeal is similar to the testimony offered to the County Zoning Administrator and County Planning Commission and does not provide support for overturning the County Planning Commission’s decision. The proposed Verizon cell site complies with the County Wireless Telecommunication Facilities Ordinance and would not conflict with the Single-Family Residential, Low-Density (SL) General Plan land use designation or the Single-Family Residential R-20 Zoning District. The proposed project is also consistent with State and Federal regulations governing cellular telecommunications, and installation within a public right-of-way. Additionally, staff has determined that the project, as conditioned, is the least intrusive design. Therefore, staff recommends that the Board of Supervisors deny the appeal and sustain the County Planning Commission’s approval of County File #WA17-0008, based on the attached findings and subject to the attached conditions of approval. CONSEQUENCE OF NEGATIVE ACTION: If the Board of Supervisors grants the appeal, the County Planning Commission’s decision to uphold the County Zoning Administrator’s approval of the proposed Verizon Wireless cell site, attached to an existing utility pole in the public right-of-way, will be overturned. The applicant, Verizon Wireless, would be unable to move forward with the project as proposed. CLERK'S ADDENDUM Speakers; Matt Lewis; Cathy Wojan; Joia Boos; Cathy Wojan;  Gina; Art Scimia, Meadow Lane Improvement Association;   David Baer; Lisa Snortum-Phelps; Ruth Strong; Kraj Khararjan; Linda Uhrenholt; Roger Smith; Anne Goldman; Alex Krueger; Megan Maddern; Melanie Volk; Kimberly Crowe; Shannon Erickson; Nadine Whisnant; Jill Sanchez. Written commentary was received from (attached): Jami Tucker, Christine Scimia, Rob Harrison, Scott Maddern, Erin Lewis, Blessings Robertson-Winn, Elaine Gast, Judy DeYoe, Kirsten Muzinich, Rachel Day, Melanie Volk, no name, Irene Amido, Penelope Kojina, Tanya Krueger, Hayuta Jain, Susanne Frey, Jodee Brydges, Alex & Tanya Krueger,Kate Rudick, Christina Heil, Mandula Rewal, Kimiko Nguyen, Mitch Tunick, Karrie Haneman, Barry Winters, Tarplaijo, Eunice Chan, Christine Brashear, Miriam Winters, Bradley Hillbrandt, Laura Hillebrandt, Elizabeth Yuan, Devon Mitzel, Brett Pels, Woodie Dixon, Edward Volk, Hanh T. Estep, Joe & Paula Buenavistas, Mary Dietler, Lianna Gatto, Melanie Volk, Wendy Ko, Caroline Sherborne & Charles Bouch. CLOSED the public hearing; DETERMINED that County File #WA17-0008 is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15303; DIRECTED the Department of Conservation and Development to file a CEQA Notice of Exemption with the County Clerk; APPROVED a wireless facility access permit for a Verizon Wireless cell site on an utility pole in the Danville Boulevard public right-of-way in Alamo (Permit No. WA17-0008); APPROVED the findings in support of Permit No WA17-0008; APPROVED the conditions of approval for Permit WA17-0008 with amendments:  (1) within 15 days after facility installation, Verizon must complete radio frequency (RF) testing at the facility, and, at the same time, Verizon must perform RF testing for interested property owners at their properties within a 300 foot radius of the facility, and (2) one year after facility installation, Verizon must re-perform RF testing at the facility, and, at the same time, perform RF testing for interested property owners at their properties within a 300 foot radius of the facility; and DENIED the appeal of James “Sean” Albright.  Sean Albright, resident of Alamo AGENDA ATTACHMENTS Maps Plans Albright Appeal Letter Findings and Conditions of Approval Radio Frequency Report PowerPoint Presentation MINUTES ATTACHMENTS Written Publci Commentary Response - Verizon Wireless 1 FINDINGS AND CONDITIONS OF APPROVAL – COUNTY FILE #WA17-0008, VERIZON WIRELESS C/O PETER HILLIARD, ON AIR, LLC (APPLICANT) / PG&E AND NORTHERN CALIFORNIA JOINT POLE ASSOCIATION (OWNERS) FINDINGS A. Growth Management Performance Standards 1. Traffic: The project involves the construction of a wireless telecommunication facility, attached to an existing utility pole. Policy 4-c under the Growth Management Program (GMP) requires a traffic impact analysis be conducted for any project that is estimated to generate 100 or more AM or PM peak-hour trips. As the project is unmanned and does not require regular staff for daily operation, the project will not create 100 or more peak hour trips, and the preparation of a traffic impact analysis is not required. 2. Water: The wireless telecommunications facility is unmanned and has no potential for increasing the water demand at the site. Therefore, the project will not increase the demand for water at the site in a manner that would require the construction of new or expanded water infrastructure. 3. Sanitary Sewer: The wireless telecommunications facility is unmanned and only includes improvements that do not produce waste or other by-products as a result of their daily operation or use. Therefore, the project will not create an increased demand for sanitary sewer services at the site. 4. Fire Protection: The subject property is located within the service area of the San Ramon Fire Protection District. The wireless telecommunication facility land use does not include improvements that alter the type of fire protection equipment required to protect and serve the site. Furthermore, the project does not establish land uses or improvements outside of the current service area. Therefore, the project will not create a need for new or expanded fire protection services. 5. Public Protection: The new wireless facility provides additional wireless service where limited wireless service exists. This will not create new housing, and will not provide substantial amounts of new business opportunities within the County that would result in a significant population increase. Therefore, the project will not impact the County’s ability to maintain the standard of having 155 square feet of Sheriff’s facility per 1,000 members of the population. 6. Parks and Recreation: There is no element of the project that will induce any population increase within the County. Therefore, the project will not impact the County’s ability to maintain the standard of having three acres of neighborhood parks per 1,000 members of the population. 2 7. Flood Control and Drainage: The project is located within a Federal Emergency Management Agency-designated moderate flood hazard zone and does not requires a floodplain permit. B. Wireless Access Findings - 88-24.612 (b)(4)(A) 1. Required Finding: The facility or substantial change will be designed in a manner that complies with the applicable requirements of Section 88-24.408. Project Finding: The project will include one 4-foot antenna mounted on top of an existing 38.3-foot-tall wooden utility pole with a new 5-foot-tall extension, as well as ancillary equipment mounted on the side of the pole. The antenna and equipment will be placed and oriented in a way that ensures there will be no interference with traffic. There are no proposed advertisements or illuminations and the project does not obstruct any existing signage. The facility will be painted a non-reflective color to match the surrounding background, the equipment will be mounted 8 feet above grade at the lowest point, and surrounding trees will obscure view of the facility; thus the visual impact would not be significant. The mounted antenna is not extending above the height of the pole more than 10 feet. Thus, the design of the project will meet the requirements of Section 88-24.408 for the facilities located in the public right-of-way. 2. Required Finding: The facility or substantial change will not interfere with the use of the public right-of-way, or existing improvements or utilities located on, in, under or above the public right-of-way. Project Finding: The proposed 4-foot antenna and ancillary equipment will not be located near, nor inhibit access to existing improvements or utilities located on, in, under, or above the public right-of-way. The design of the facility would comply with California Public Utilities Standards regulate design of utility poles. The replacement utility pole will be located off of the edge of pavement for the existing roadway and there are no other facilities located within the right-of-way at this location. The pole-mounted equipment will be a minimum 8 feet above grade. Thus the project will not interfere with the existing use of the right-of-way. 3. Required Finding: The facility or substantial change will not interfere with any vehicular, bicycle, or pedestrian use of the public right-of-way. Project Finding: The proposed facility is located outside of the existing roadway and the ancillary equipment mounted to the utility pole will be 8 feet above grade. The location, size, and orientation of the lowest equipment on the pole, away from other uses of the right-of- way, limits any interaction between the facility and other uses. Thus the facility will not interfere with any vehicular, bicycle, or pedestrian use of the county right-of-way. 4. Required Finding: The facility or substantial change will not cause any violation of the accessibility requirements of the Americans with Disabilities Act. 3 Project Finding: The project will not cause any violation of the accessibility requirements of the Americans with Disabilities Act. The facility will only be accessed by trained professionals for maintenance purposes. The facility will not interfere with circulation in the public right- of-way and there is no adjacent sidewalk. The lowest equipment on the replacement pole will be 8 feet above ground level. Thus, the project will not cause any violation of the accessibility requirements of the Americans with Disabilities Act. C. California Environmental Quality Act (CEQA) Findings The project is exempt from environmental review pursuant to CEQA Guidelines section 15303, which exempts, among other things, the installation of small new equipment and facilities in small structures. This project consists of minor modifications to an existing PG&E utility pole in the public right of way. As described herein, the project includes one 4-foot antenna mounted on top of an existing 38.3-foot-tall utility pole, as well as ancillary equipment mounted on the side of the pole. There is no substantial evidence that the project involves unusual circumstances, including future activities, resulting in, or which might reasonably result in, significant impacts which threaten the environment. None of the exceptions in CEQA Guidelines section 15300.2 apply. CONDITIONS OF APPROVAL FOR COUNTY FILE #WA17-0008: Project Approval 1. Approval of the Wireless Access Permit approval based on the following documents and materials received by the Department of Conservation and Development, Community Development Division (CDD):  Application and materials received October 19, 2017;  Radio Frequency Report prepared by Hammett and Edison, Inc, Consulting Engineers, dated October 6, 2017; and  Revised Plans received on August 7, 2018. 2. The permit authorizes the establishment of a Verizon Wireless telecommunications facility, which consists of the following elements:  One top-mounted four-foot-tall antenna;  One five-foot pole extension;  Two diplexers; 4  Two Remote Radio Units (RRUs);  One disconnect switch;  One electrical panel;  One PG&E Smartmeter; and  Associated conduit and wiring. Initial Compliance Report Prior to Issuance of a Building Permit 3. Prior to submittal of a building permit, the Applicant shall submit a report addressing compliance with the conditions of approval, for review and approval of the Community Development Division (CDD). The report shall list each condition followed by a description of what the Applicant has provided as evidence of compliance with the condition. Unless otherwise indicated, the Applicant will be required to demonstrate compliance with the conditions of this report prior to issuance of construction permits. The Zoning Administrator may reject the report if it is not comprehensive with respect to applicable requirements for the requested permit. The deposit for review of the Compliance Report is $500.00; the actual fee shall be the cost of time and materials. Prior to final building inspection for building permits relative to this approval, color photographs showing the as-built condition of the facility shall be submitted for the review and approval of the CDD to verify compliance with these Conditions of Approval. Permit Duration and Permit Review 4. This Wireless Access Permit is granted for a period of ten years and shall be administratively reviewed at five year intervals. The applicant shall initiate the first review by submitting a statement as to the current status of the project to the Zoning Administrator no later than five years following the effective date of the project approval. This review by the Zoning Administrator will be for the purpose of ensuring continued compliance with the conditions of permit approval. Non-compliance with the approved conditions and/or the ordinance code provisions, after written notice thereof, shall be cause for revocations proceedings. For the review of existing commercial wireless communications facilities, submittal shall include photo documentation of existing conditions and equipment for comparison with the applicable approved conditions. 5 The Applicant is encouraged, at the time of each administrative review, to review the design of the telecommunications facility and make voluntary upgrades to the facility for the purpose of improving safety and lessening visual obtrusiveness. A review fee in the amount of $500.00 (subject to time and materials) will be filed through a Compliance Verification application to allow for review of the approved conditions. Permittee is Responsible for Keeping CDD Informed of Party Responsible for Permit Compliance at all Times 5. The Permittee (wireless operator) is responsible for keeping the Department of Conservation and Development, Community Development Division (CDD) informed of who is responsible for maintenance of compliance with this permit and how they may be contacted (i.e., mailing and email addresses, and telephone number) at all times. A. Prior to submittal for a building permit, the Permittee shall provide the name of the party (carrier) responsible for permit compliance and their contact information. B. Should the responsible party subsequently change (e.g. faculty is acquired by a new carrier), within 30 days of the change, Permittee shall issue a letter to CDD with the name of the new party who has been assigned permit compliance responsibility and their contact information. Failure to satisfy this condition may result in the commencement of procedures to revoke the permit. Removal of Facility/Site Restoration 6. All structures and equipment associated with the commercial wireless communications facility shall be removed within 60 days of the discontinuance of the use; and the site shall be restored by the Permittee to its original pre-development condition. In addition, the Permittee shall provide the CDD with a notice of intent to vacate the site a minimum of 30 days prior to vacation. Security to Provide for Removal of Equipment 7. Prior to submittal of a building permit, the Applicant or Permittee shall provide bond, cash, or other surety, to the satisfaction of the Zoning Administrator, for the removal of the facility in the event that the use is abandoned or the use permit expires, or is revoked, or otherwise terminated. If the Permittee does not remove any obsolete or unused facilities as described above, the financial guarantee shall be used by the County to remove any obsolete or unused facilities and to return the site to its pre-development condition. The financial assurance must be submitted before a permit will be issued. A financial assurance must be irrevocable and not cancelable, except by the County. 6 Each form of financial assurance must remain valid for the duration of the permit and for six months following termination, cancellation, or revocation of the permit. Any unused financial guarantee shall be returned to the Applicant upon termination of the use and removal of the facility or transfer of the lease accompanied by a financial guarantee by the new lessee or owner. The amount of the security shall be based on a cost estimate provided by a contractor or other qualified professional to the satisfaction of the Zoning Administrator. General Provisions 8. A minor alteration (or collocation if CEQA environmental review of collocation for the Wireless Access permit has been completed) to this Wireless Access Permit may be issued if the proposed modification(s) are not considered a substantial modification as stated under federal low (Title 47, Section 1.40001). A minor alteration (or collocation) has a term that is the shorter of the following: A. 10 years; or B. The duration, including any renewal period, of the permit that authorizes the existing facility on which the new facility will be collocated or on which the minor alteration will occur. 9. The conditions contained herein shall be accepted by the Applicant, their agents, lessees, survivors or successors for continuing obligation. 10. At all times the facility shall comply with the applicable rules, regulations, and standards of the FCC and other agencies having jurisdiction, and any other applicable Federal, State, and County laws and regulations. 11. The facility shall be operated in such a manner as not to contribute to ambient RF/EMF emissions in excess of then current FCC adopted RF/EMF emission standards. 12. The recommendations within the approved RF Report prepared by Hammett and Edison, Inc, Consulting Engineers, dated October 6, 2017 shall be noted on the plans for a building permit and is required to be implemented on site prior to final building inspection. 13. The equipment shall be maintained in good condition over the term of the permit. This shall include keeping the structures graffiti-free. 14. Antennas, towers, cabinets, and mountings shall not be used for advertising. 15. The equipment cabinets shall be kept locked, except when Verizon Wireless personnel are 7 present, in order to restrict access to the equipment. 16. No lights or beacons may be installed on any antenna or antenna support structure, unless lights or beacons are required by a state or federal agency having jurisdiction over the antenna or antenna support structure, such as the California Public Utilities Commission, Federal Communications Commission, or Federal Aviation Administration, or if lights or beacons are recommended by the County Airport Land Use Commission. 17. The facility, all fences and walls surrounding a facility, and all other fixtures and improvements on the facility site must be repainted as often as necessary to prevent fading, chipping, or weathering of paint. Equipment must be painted to match the utility pole. Exterior Noise 18. Prior to final building inspection, the Applicant shall submit evidence for review and approval of the CDD that the wireless telecommunications facility meets acceptable exterior noise level standards as established in the Noise and Land Use Compatibility Guidelines contained in the Noise Element of the County General Plan. The evidence can either be theoretical calculations for identical equipment or noise monitoring data recorded on the site. Camouflaging 19. All proposed antennas, antenna supports, and conduits shall have a non-reflective finish. Paints with a reflectivity less than 55 percent are required. All equipment shall be painted to precisely match the utility pole. Color photographs showing the as-built condition shall be submitted for review of the CDD staff to verify compliance with this Condition of Approval within 30 days of completing construction. Frequency Interference 20. The facility may not be operated at a frequency that will interfere with an emergency communication system or 911 system, including any regional emergency communication system. Work Restrictions 21. The applicant shall make a good faith effort to minimize project-related disruptions to adjacent properties, and to uses on the site. This shall be communicated to all project-related contractors. 22. The applicant shall require their contractors and subcontractors to fit all internal combustion engines with mufflers which are in good condition and shall locate stationary noise-generating 8 equipment such as air compressors as far away from existing residences as possible. 23. The site shall be maintained in an orderly fashion. Following the cessation of construction activity, all construction debris shall be removed from the site. 24. Large trucks and heavy equipment are subject to the same restrictions that are imposed on construction activities, except that the hours are limited to 9:00 AM to 4:00 PM. 25. A publicly visible sign shall be posted on the property with the telephone number and person to contact regarding construction-related complaints. This person shall respond and take corrective action with 24 hours. The CDD phone number shall also be visible to ensure compliance with applicable regulations. 26. All construction activities shall be limited to the hours of 8:00 A.M. to 5:00 P.M., Monday through Friday, and are prohibited on state and federal holidays on the calendar dates that these holidays are observed by the state or federal government as listed below: • New Year's Day (State and Federal) • Birthday of Martin Luther King, Jr. (State and Federal) • Washington's Birthday (Federal) • Lincoln's Birthday (State) • President's Day (State and Federal) • Cesar Chavez Day (State) • Memorial Day (State and Federal) • Independence Day (State and Federal) • Labor Day (State and Federal) • Columbus Day (State and Federal) • Veterans Day (State and Federal) • Thanksgiving Day (State and Federal) • Day after Thanksgiving (State) • Christmas Day (State and Federal) For details on the actual date the state and federal holidays occur, please visit the following websites: Federal Holidays: www.federalreserve.gov/aboutthefed/k8.htm California Holidays: www.sos.ca.gov/holidays.htm Application Processing Fees 27. The Wireless Access Permit application was subject to an initial deposit of $4,000.00, which was paid with the application submittal, plus time, and material costs if the application review expenses exceed 100% of the initial deposit. Any additional fee due must be paid prior to 9 issuance of a building permit, or within 60 days of the effective date of this permit, whichever occurs first. The fees include costs through permit issuance and final file preparation. Pursuant to Contra Costa County Board of Supervisors Resolution Number 2016/331, where a fee payment is over 60 days past due, the application shall be charged interest at a rate of 10% from the date of approval. The Applicant may obtain current costs by contacting the project planner. A bill will be mailed to the Applicant shortly after permit issuance in the event that additional fees are due. 28. Within 15 days of the antenna being installed, Verizon shall take RF power density measurements with the antenna operating to verify the level reported in the Hammett and Edison report and to ensure that the FCC public exposure level is not exceeded in any publicly accessible area. This measurement shall be taken again if any equipment is replaced or added. Verification of these measurements shall be submitted to CDD for review and to confirm that the requirements of the Ordinance Code have been met. 29. The proposed pole-mounted shroud shall be located at a height not lower than 11 feet from ground level. Any equipment that cannot be located above 11 feet from ground level shall, to the extent feasible, be located within the profile of the utility pole. PUBLIC WORKS SPECIAL ROAD ENCROACHMENT PERMIT CONDITIONS OF APPROVAL FOR PERMIT WA17-0008 30. Verizon Wireless (permittee) shall comply with the requirements of Title 8, Title 9 and Title 10 of the Ordinance Code, any exception(s) must be stipulated in these Special Road Encroachment Permit Conditions. These Special Road Encroachment Permit Conditions are based upon the site plan a submitted to the Department of Conservation and Development, Community Development Division on August 7, 2018. 31. This encroachment permit is being issued only for the County owned section of Danville Boulevard (Road No. 5301A) on the side frontage of 20 Francesca Lane on Verizon Wireless “SF ALAMO 009” plans dated August 7, 2018. 32. Verizon Wireless shall provide written evidence to the Public Works Department from the owner of the street light/utility pole (PG&E) that they authorize the cell site improvements on the existing street light/utility pole. (PG&E PSL #433675) 33. Verizon Wireless shall provide evidence to the Public Works Department, Real Property Division that they are included in the statewide franchise agreement issued by the CPUC (California Public Utilities Commission); or, if unable to do so, Verizon Wireless shall enter into a license agreement with the County. 34. Verizon Wireless shall notify the United States Postal Service, the emergency services and the proper garbage collection agency to coordinate services to the residents of Danville Boulevard if the construction operations will disrupt normal services. 10 Scheduling inspection 35. . All work authorized by the permit must be inspected. Permittee shall arrange for an inspection by telephoning Paul Tehaney @ (925) 595-6012 or by email pteha@pw.cccounty.us. If you cannot reach the inspector, contact the construction office at (925) 313-313-2320. 36. Encroachment permit on site. A copy of this encroachment permit shall be available for review on site for the duration of the right-of-way encroachment allowed by this permit. The encroachment permit shall be shown upon request to any police officer or any employee of the County with jurisdictional responsibility over activities in the public right-of-way. If a County employee requests to see a copy of this encroachment permit and the encroachment permit is not available a Stop Work Order may be issued until a copy of the encroachment permit is available for review on site. 37. Permittee shall identify an individual who will be available 24 hours per day with the responsibility and authority to respond to emergencies related to the construction work. Permittee shall report the name and telephone number of the individual to Bob Hendry at the Permit Center prior to the start of work. Mr. Hendry can be reached at (925) 674-7744. No work within the County road right-of-way shall be allowed until the emergency contact is reported to Mr. Hendry. 38. Quality control plan. The Contractor shall be responsible for controlling the quality of material entering the work and the work performed, and shall perform testing to ensure control. Prior to start of work the Contractor shall submit to the construction inspector a Quality Control Plan that must describe the methods and frequency of testing, implementation of corrective actions as necessary, and reporting of test results. 39. Pre-construction meeting. The Permittee shall hold a pre-construction meeting with the County’s construction inspector at least one week prior to the start of work. No work within the County road right-of-way shall be allowed until the pre-construction meeting has been held. 40. Damage to utility facilities. If the Permittee’s work damages a utility facility while performing the work covered by this encroachment permit the Permittee or Permittee’s contractor shall contact the construction inspector within two (2) days of damaging the facility. 41. Final inspection. The Permittee shall hold a final inspection meeting with the construction division representative of Public Works. All County concerns shall be resolved before the work is accepted as complete. A signed off permit from another permitting agency or utility company 11 does not guarantee acceptance by the County Public Works Department. 42. Staff charges. The Permittee is responsible for all staff charges associated with this encroachment permit. The encroachment permit will not be signed off as complete until all the review and inspection charges are paid in full. 43. Indemnification. The Permittee agrees to save, indemnify and hold harmless the County of Contra Costa or its representatives from all liabilities imposed by law by reason of injury to or death of any person or persons or damage to property which may arise out of the work covered by this permit and does agree to defend the County in any claim or action asserting such action. Accepting this permit or starting any work hereunder shall constitute acceptance and agreement to all of the conditions and requirements of this permit and the ordinance and specifications authorizing issuance of such permit. 44. Insurance. The Permittee or the Permittee’s contractor shall furnish an acceptable certificate of insurance naming Contra Costa County, its employees, officials and agents as additionally insured. See Attachment 1A for insurance requirements. 45. County standards. All work shall conform to Contra Costa County Standard Plans and Specifications, except as noted, and may be modified by the County’s representative to meet field conditions. 46. Location of facilities. All facilities being installed shall be located in compliance with County Standard Drawing CU60 and in compliance with County Standard Drawing CA10 when located at or near an intersection. 47. ADA compliance. All new facilities shall provide the minimum required ADA clearances (4’ sidewalk width). 48. Weather. Work covered under this encroachment shall not be allowed: A. If it is raining at the beginning of the work day no work shall be started without the approval of the Construction Inspector. B. If rain begins during the work day, work covered under this encroachment permit may be suspended at the direction of the Construction Inspector. C. Work covered under this encroachment that is suspended due to rain shall be allowed to commence once the work area within the road right-of-way has sufficiently dried and at the direction of the Construction Inspector. Tree Protection 12 49. Protecting existing trees. Except where otherwise provided by the involved permit’s conditions of approval or approved permit application, on all properties where mature trees are required to be saved during the course of construction, the Permittee shall follow the following tree preservation standards. The Permit construction plans shall include these requirements as notes: A. Prior to the start of any clearing, stockpiling, trenching, grading, compaction, paving or change in ground elevation on a site with mature trees to be preserved, the applicant shall install temporary fencing at the dripline or other area determined by an arborist report of all trees adjacent to or in the area to be altered, and provide evidence of same (e.g., photos) to Public Works. Prior to grading or commencement of project improvements, the fences may be inspected and the location thereof approved by appropriate County staff. B. No grading, compaction, stockpiling, trenching, paving or change in ground elevation shall be permitted within the dripline of a mature tree unless indicated on the site/grading plan approved by the County and addressed in any required report prepared by an arborist. If grading or construction is approved within the dripline of a mature tree, an arborist may be required to be present during grading operations. The arborist shall have the authority to require protective measures to protect the tree roots. All arborist expense shall be borne by the Permittee unless otherwise provided by the permit conditions. C. The Permittee shall not park or store vehicles, equipment, machinery, or construction materials within the dripline of any tree to be saved. D. The Permittee shall not dump oils or chemicals within the dripline of any tree to be saved. E. The Permittee will replace any mature tree that dies within 2 years of projected-related excavation within its dripline 50. Notification of tree damage. The Permittee shall notify Public Works of any damage that occurs to any mature tree during the construction process. If significant damage to any mature tree not approved for destruction or removal occurs, the Permittee shall either: A. Repair any damage as determined by a certified arborist that is designated by the Public Works Director or his/her designee; or B. Replace the damaged tree with a tree or trees of equivalent size and of comparable species, as determined by the Public Works Director or his/her designee to be reasonably appropriate for the particular situation. Traffic 51. Traffic control plan. The Permittee shall provide a traffic control plan conforming to the 13 “California Manual on Uniform Traffic Control Devices,” when work will entail a lane closure. The traffic control plan shall include information of the types of, and outrigger support for, boom trucks to determine the roadway clearance necessary during construction. The County’s resident engineer/inspector must review the traffic control plan prior to the start of work. 52. Advanced warning signs. The Permittee shall place temporary advance warning signs to alert motorists to construction work ahead whenever trucks or construction equipment are entering or leaving the construction site or when equipment is within the road right-of-way. 53. Traffic non-working hours. All traffic lanes shall be open to the public during non-working hours. 54. Emergency access. The Permittee shall provide emergency access to the job site and to any adjacent private property at all times. 55. Advanced notification. The Permittee shall provide a minimum of 48 hours advance notification to property owners whose access will be obstructed by construction operations. The notification shall include the date(s) of construction along the frontage that will obstruct a property owner’s access. 56. Property access. The Permittee shall reasonably accommodate a property owner’s requests to cross the work zone to enter or leave their property. In no case shall the Permittee block an owner’s access for more than 30 minutes. 57. Traffic impediment. The Permittee shall not impede or impair vehicle, bicycle, or pedestrian access to or within the right-of-way of Chesley Avenue. 58. Pedestrians and Bicycles. The Permittee shall provide safe pedestrian and bicycle access through the project site at all times. 59. Temporary pavement delineators. Temporary pavement delineation shall be furnished, placed, maintained and removed where the existing pavement delineation has been removed or damaged by the construction. Temporary pavement delineation shall be removed prior to the placing of the permanent pavement delineation. Temporary raised pavement markers shall be placed at the existing traffic stripe locations at intervals of not more than 24 feet. On double traffic stripes two markers shall be placed side by side, one on each stripe, at longitudinal intervals of not more than 12 feet. At crosswalks and limit lines temporary raised pavement markers shall be placed at the existing crosswalk/limit line locations at intervals of not more than two (2) feet. Prior to opening the lanes to uncontrolled traffic the covers shall be removed from the 14 temporary raised pavement markers. Temporary raised pavement markers shall be reflective and the same color as the permanent stripe and shall be of the following or equal:  Reflective Temporary Raised Pavement Marker (Types Y and W), manufactured by Davidson Plastics Company (DAPCO), 18726 East Valley Highway, Kent, WA 98032, Telephone (206) 251 8140.  MV Plastics Chip Seal Marker (1280/1281 Series with Reflexite Polycarbonate, PC 1000, reflector unit), manufactured by MV Plastics, Inc., 533 West Collins Avenue, Orange, CA 92667, Telephone (714) 532 1522.  The markers shall be placed in accordance with the manufacturer’s installation procedure instructions. Trenching 60. Underground Service Alert (USA). USA must be contacted prior to excavating in a County road right of way. Telephone 811 to contact USA. Any work found in progress without a valid USA number will be shut down and the roadway cleared. All USA and/or temporary survey pavement markings shall be removed by the Permittee at the completion of work to the satisfaction of the County Public Works Construction Inspector. 61. Trench detail. Trench excavation and backfill requirements shall follow County Standard Plan, “Utility Trench Cut Detail,” drawing # CU01. 62. Installing facilities under sidewalk. Hand digging or tunneling under the curb/gutter and sidewalk shall not be allowed. The sidewalk, curb, and gutter shall be removed as needed for the facility installation, and then replaced according to County standards. 63. Protecting open excavations. An excavation that remains unfilled after working hours shall be covered with steel plates or protected with other protective barriers adequate to prevent entry by pedestrians, bicycles, and vehicles. 64. Trench plates. When multiple steel plates, used to temporarily cover the working end of a trench or pit, are subject to traffic loading, the plates shall be tack welded together so that they act as a unit. Asphalt concrete shall be placed to provide a smooth transition from the pavement to plate surfaces. The transition shall be at a 12(hor): 1(ver) slope (maximum). 65. Trench plate surface. The exposed surface of trench plates shall be roughened to provide traction equivalent to the adjacent road surface. 15 66. Time limit on trench plates. The use of trench plates shall be limited to five (5) working days at the site. 67. Clean Water/NPDES. The Permittee shall comply with the County’s clean water requirements during all construction activities. The Permitee shall use Best Management Practices to comply with the County’s NPDES ordinances and permits. 68. Air Quality. The Permittee shall comply with Bay Area Air Quality Management District, Federal Clean Air Act and State of California Air Quality Standards. 69. Trench location. All trenching shall be performed outside the road pavement. 70. Use of sidewalks. No vehicles or equipment shall be parked on or driven on the sidewalks. 71. Existing facilities. All signs, pavement stripes and markings, delineators, fences, ditch linings, drainage structure and pipes, AC dikes, and other improvements damaged or disturbed by construction shall be replaced in kind. 72. Damage to County facilities. If any County facility is damaged the Permittee or the Permittee’s contactor shall contact the construction inspector within two (2) hours of the facility being damaged. 73. Drainage. All drainage shall be kept open and the existing drainage pattern maintained. 74. Exiting curb, gutters, and sidewalks. Portland Cement concrete sidewalks, curbs, gutter and other pavements damaged or disturbed by construction shall be removed to the nearest expansion or weakened plane joint and replaced to match adjacent concrete improvements in conformance with County Standard Plans and Specifications. 75. Crack sealing. Where the asphalt pavement has been cut by the permittee in anticipation of trenching and no trenching is performed (over extended saw cut beyond the limits of the trench excavation, abandoning the project, etc.), the applicant shall seal the cut in the asphalt pavement with Crafco, rubberized asphalt Type II crack sealing material (or approved equal) according to the manufacture’s specifications. 76. Existing pavement striping. All existing pavement striping, markings and markers damaged or disturbed shall be replaced in kind. 77. Pavement. Temporary paving (or permanent pavement) shall be placed at the end of each workday. Until the final paving is in place, the temporary paving shall be maintained as needed and provide a smooth riding surface (level with the surrounding road surface). If the permittee fails to maintain the temporary paving County forces may address any needed maintenance to the temporary paving/trench cut and the permittee will be charged the cost plus appropriate overhead charges. 16 Temporary pavement shall be 1.5-inches minimum thickness of ½-inch, Type A hot mix asphalt (HMA) and shall be replaced as specified in Item 7 of this section with permanent pavement. If permanent paving is not completed as specified, County forces may pave it and the permittee will be charged the cost plus appropriate overhead charges. 78. Landscaping. Any landscaping displaced or damage during the construction shall be replaced in kind. 79. Pedestrians. The Permittee shall provide for redirecting pedestrians around the construction area when the Permittee’s work prevents public access or creates unsafe conditions along the sidewalks. 80. Hot mix asphalt special conditions. All Asphalt work shall be performed as shown on plans and in accordance with the requirements of Section 39 (revised October 16, 2014) County Standard Plans. Housekeeping 81. Use of right of way. No equipment, and /or stockpiles or other materials shall be left overnight in the road right-of-way. 82. Cleaning right of way. The Permittee shall assure that the traveled way available to the public remains free of dirt, rock, debris, and construction materials at all times. At the end of each workday, or at the direction of the Inspector, the traveled way and paved shoulders shall be swept clean, and if necessary washed clean, to remove dirt, rock and debris. If washing is performed, the Permittee shall provide all necessary controls to prevent sediment from entering drainage inlets and creeks. 83. Non-working hours. With the exception of emergency work, no construction activities (including idling of equipment) shall take place during non-working hours. 84. Private property. Construction within the right-of-way does not allow for use of private property as a laydown area for construction-related equipment and supplies. Preserving Survey Monumentation 85. All survey monuments shall be preserved, referenced, and/or replaced pursuant to Section 8771 of the Business and Professions Code. Assembly Bill 1414 became effective January 1, 1995. Part of this legislation provides for the preservation of Survey Monuments for construction projects. 17 This legislation mandates that prior to construction, survey monuments are to be referenced in the field and “Corner Records” are to be filed with the County Surveyor. After construction, monuments are to be reset and “Corner Records” filed with the County Surveyor. These must be completed prior to project completion certification. It is the County’s interpretation that preservation of survey monuments is required for any activity that disturbs existing monuments, not just “road work.” Therefore: Section 8771 of the Business and Professions Code reads: Monuments set shall be sufficient in number and durability and efficiently placed so as not to be readily disturbed, to assure, together with monuments already existing, the perpetuation or facile re-establishment of any point or line of the survey. When monument exist which control the location of subdivisions, tract, streets, or highways, or provide survey control, the monuments shall be located and referenced by or under the direction of a licensed land surveyor or registered civil engineer prior to the time when any streets or highways are reconstructed or relocated and a corner record of the references shall be filed with the county surveyor. They shall be reset in the surface of the new construction, a suitable monument box placed thereon, or permanent witness monuments set to perpetuate their location and a corner record filed with the county surveyor prior to the recording of a certificate of completion for the project. Sufficient controlling monuments shall be retained or replaced in their original positions to enable land lines, property corners, and tract boundaries to be re-established without devious surveys necessarily origination on monuments differing from those that currently control the area. It shall be the responsibility of the governmental agency or others performing construction work to provide for the monumentation required by this section. It shall be the duty of every land surveyor or civil engineer to cooperate with the governmental agency in matters of maps, field notes, and other pertinent records. Monuments set to mark the limiting lines of highways, roads, or streets shall not be deemed adequate for this purpose unless specifically noted on the records of the improvement work with direct ties in bearing or azimuth and distance between these and other monuments of record. 86. The permittee shall comply with attached Standard Road Encroachment Permit Conditions. General Requirements Access to Adjoining Property 87. Applicant shall not impede or impair vehicle, bicycles of pedestrian access to or within the rights- of-way of Danville Boulevard. 88. For construction activities if necessary, applicant shall submit a traffic control plan for review and approval of the Public Works Department prior to starting work. The traffic control plan shall include information of the types of, and outrigger support for, boom trucks to determine 18 the roadway clearance necessary during construction. Proof of Franchise Agreement/Owner of Pole Authorization 89. Applicant shall provide verification to the Public Works Department that the building permit has been approved by the Department of Conservation and Development. 90. Applicant shall provide evidence to the Public Works Department, Real Property Division that they are included in the statewide franchise agreement issued by the CPUC (California Public Utilities Commission); or, if unable to do so, the applicant shall enter into a license agreement with the County. 19 ADVISORY NOTES PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL, BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL. ADVISORY NOTES ARE PROVIDED FOR THE PURPOSE OF INFORMING THE APPLICANT OF ADDITIONAL ORDINANCE AND OTHER LEGAL REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED WITH DEVELOPMENT. A. NOTICE OF 90-DAY OPPORTUNITY TO PROTEST FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS PERTAINING TO THE APPROVAL OF THIS PERMIT. This notice is intended to advise the applicant that pursuant to Government Code Section 66000, et. seq., the applicant has the opportunity to protest fees, dedications, reservations, and/or exactions required as part of this project approval. The opportunity to protest is limited to a ninety-day (90) period after the project is approved. The 90-day period in which you may protest the amount of any fee or imposition of any dedication, reservation, or other exaction required by this approved permit, begins on the date this permit was approved. To be valid, a protest must be in writing pursuant to Government Code Section 66020 and delivered to the CDD within 90-days of the approval date of this permit. B. The applicant shall submit building plans to the Building Inspection Division and comply with Division requirements. It is advisable to check with the Division prior to requesting a building permit or proceeding with the project. C. The applicant is responsible for contacting the Environmental Health Division regarding its requirements and/or obtaining additional permits as it may be required as part of the proposed project. D. The applicant shall comply with the requirements of the Contra Costa Fire Protection District. The applicant is advised that plans submitted for a building permit must receive prior approval and be stamped by the Fire Protection District as applicable. Wireless Access Permit Appeals County Files: #WA17-0008, #WA17-0013, #WA18-0002, #WA18-0003, and #WA18-0004 Contra Costa County Board of Supervisors Tuesday, February 26, 2019 Overview This is a hearing for the appeals of the County Planning Commission’s decisions to deny the appeals and uphold the decisions of the County Zoning Administrator to approve Wireless Facility Access Permits to establish new Verizon Wireless cell sites attached to utility poles in the public right-of-way in the Alamo and Walnut Creek area of unincorporated Contra Costa County. General Plan and Zoning All of the proposed sites are located within the Single-Family Residential –Low Density General Plan Land Use Designation and the R-20 Single- Family Residential Zoning District #WA17-0008 #WA17-0013 #WA18-0002 #WA18-0003 #WA18-0004 Background The County Zoning Administrator (ZA)approved the Wireless Facility Access Permits at public hearings held in October and November 2018. Timely appeals of the ZA’s decisions were received following the approvals. The County Planning Commission approved the Wireless Facility Access Permits at the Planning Commission meetings held on December 12,2018 and January 9,2019. Timely appeals of the County Planning Commission’s decisions were received following the approvals. Summary of Appeal Points #WA17-0008 The County Planning Commission erroneously denied the appeal,based on Verizon Wireless'rebuttal to information the appellant presented about potential sight distance obstruction.Therefore,the Commission did not recognize that the new facility would increase an existing safety risk due to poor visibility at the intersection of Danville Boulevard and Francesca Way. #WA17-0013 Appeal Point #1:There is no need for improved wireless network capacity. Appeal Point #2:CA constitution requires the County to protect residents. Appeal Point #3:FCC regulations constrain local discretion. Appeal Point #4:Aesthetic impacts incommode public use of the right-of-way. Appeal Point #5:Installed facility may not reflect approved plans. Appeal Point #6:Inconsistent with residential zoning district. Appeal Point #7:The facility will be a fire hazard. Appeal Point #8:Liability for negative impacts related to RF exposure. Appeal Point #9:Local government has regulatory authority over utilities #WA17-0013 Continued Appeal Point #10:The project will lower neighboring property values. Appeal Point #11 :Hard wired fiber optics connections would be preferable within residential neighborhoods. Appeal Point #12:The County should require annual recertification of RF emissions originating from the facility. #WA18-0002 Appeal Point #1:The proposed wireless telecommunications facility would aesthetically clash with the "bucolic country lifestyle"of Alamo.(Appeal point is similar to Appeal Point #4 for County File #WA17-0013) Appeal Point #2:The proposed cell site is unnecessary because it would not address current network coverage or capacity needs.(Appeal point is similar to Appeal Point #1 for County File #WA17-0013) Appeal Point #3:The proposed cell site would decrease property values.Lowered property values would negatively affect the local public school system.The County Wireless ordinance gives discretion to deny permits for reasons outside of the issuance requirements.(Appeal point is similar to Appeal Point #10 for County File #WA17-0013) Appeal Point #4:Neither the Federal Telecom Act of 1996 nor Chapter 88-24 (Wireless Telecommunications Facilities)of the County’s Ordinance Code show any prohibition on annual electromagnetic emissions (EME)measurements.The Zoning Administrator is within the County’s legal rights in making annual EME measurements a condition of approval.(Appeal point is similar to Appeal Point #12 for County File #WA17-0013) Appeal Point #5:The proposed antenna is a fire risk.(Appeal point is similar to Appeal Point #7 for County File #WA17- 0013) #WA18-0003 Appeal Point #1:The proposed Verizon Wireless cell site is not the least intrusive design.In addition, pole mounted equipment would make the utility pole unstable and possibly block the drainage ditch in which the pole is located. Appeal Point #2:The proposed wireless telecommunications facility would cause financial loss to homeowners on and adjacent to Meadow Road.(Appeal point is similar to Appeal Point #10 for County File #WA17-0013) Appeal Point #3:There is a lack of need for a new Verizon Wireless facility on or near the Meadow Road/Tice Valley area.(Appeal point is similar to Appeal Point #1 for County File #WA17-0013) Appeal Point #4:The project violates the County Wireless Ordinance because the location and design is not consistent with state and federal requirements to “protect and enhance the public health,safety, and welfare of County residents”. Appeal Point #5:Approval of the proposed project would be a violation of the California Constitution and deprive the appellants of life,liberty,or property without due process of law or deny equal protection under the law.(Appeal point is similar to Appeal Point #2 for County File #WA17-0013) #WA18-0004 Appeal Point #1:Replacing the existing utility pole and adding Verizon Wireless cell site infrastructure would create a fire and falling apparatus hazard.(Appeal point is similar to Appeal Point #7 for County File #WA17-0013) Appeal Point #2:The RF emissions from the proposed cell site would encroach and trespass through adjacent properties. Appeal Point #3:The FCC public health standards cannot be relied upon. Appeal Point #4:No EIR has been conducted. Appeal Point #5:No public health study has been conducted. Appeal Point #6:The ZA failed to limit the permit scope,thus allowing expansion to higher cellular frequencies with minimal oversight.Other carriers may also choose to establish wireless telecommunications facilities on other utility poles. Appeal Point #7:Neighborhood property values will be adversely affected due to visual and aesthetic impacts during construction and failure to comply with design guidelines.The applicant also failed to explore other viable options for the proposed wireless facility.(Appeal point is similar to Appeal Point #10 for County File #WA17-0013) Photo Simulations #WA17-0008 #WA17-0013 #WA18-0002 #WA18-0003 #WA18-0004 Elevations #WA17-0008 Southeast #WA17-0008 Northeast #WA17-0013 West #WA17-0013 South #WA18-0002 Southeast #WA18-0002 Northeast #WA18-0003 North #WA18-0003 North #WA18-0004 Southwest #WA18-0004 Southeast Staff Recommendation Staff recommends that the Board of Supervisors DENY the appeals and UPHOLD the County Planning Commission's decisions to approve Wireless Facility Access Permits. QUESTIONS? RECOMMENDATION(S): ACKNOWLEDGE the formation of the 457 Deferred Compensation Committee made up of representatives of both labor and management; ACKNOWLEDGE that the previous plan Recordkeeper contract will expire in 2019 and pursuant to County Policy, the County issued and RFP in 2018; ACKNOWLEDGE that the 457 Deferred Compensation Committee evaluated the responses, interviewed the finalists and unanimously chose Empower Retirement; DECLARE the County’s intent to select Empower Retirement as the County’s Deferred Compensation Plan Recordkeeper and AUTHORIZE the County Administrator, or Designee, to negotiate an agreement with Empower Retirement for plan investment and administrative services for the Internal Revenue Code Section 457 Deferred Compensation Plan, for the period of July 1, 2019 through June 30, 2022, with the option to renew for two additional years. FISCAL IMPACT: This program is funded by fees charged to employee participants. There is no fiscal impact beyond over-head administrative support costs, which are partially offset through the plan. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Ann Elliott, Human Resources Manager (925) 335-1747 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Deferred Compensation Committee (via Human Resources) D. 9 To:Board of Supervisors From:Dianne Dinsmore, Human Resources Director Date:February 26, 2019 Contra Costa County Subject:Intent to select Empower Retirement as the County’s 457 Deferred Compensation Plan Recordkeeper BACKGROUND: The contract with the County’s current 457 Deferred Compensation Recordkeeper vendor will expire in 2019. California law imposes fiduciary standards under Article 16, Section 17 of the California Constitution to exercise care, skill, prudence, and diligence and to act with loyalty to the beneficiaries of the fund. Core to that responsibility is to regularly review fees and expenses, including fund expense ratios. In keeping with this responsibility and with County policy, the Board of Supervisors authorized the Human Resources Director to execute a contract with Segal Marco Advisors to provide fiduciary consulting services and assist the County in conducting a full vendor search and response evaluation for the County’s 457 Deferred Compensation Plan. A Request for Proposals (RFP) to provide bundled Deferred Compensation services, including recordkeeping/administration, communication/education, onsite education, participant investment advisory, investment management and custodial trustee services, was distributed in September 2018. The proposals were reviewed by the Deferred Compensation Committee (Committee), whose voting members include: County Treasurer-Tax Collector Russell V. Watts, who is also a member of the Contra Costa County Employees’ Retirement Association Board as well as the Post Retirement Health Benefits Trust Agreement Advisory Body (Advisory Body), Auditor-Controller Robert R. Campbell, member of Advisory Body, Finance Director Lisa Driscoll, member of Advisory Body, Human Resources Director Dianne Dinsmore, and three employee representatives. The Committee receives fiduciary consulting services from Segal Marco Advisors under the contract approved by the Board of Supervisors in March 2018. Members have received training on 457 Plan governance and their fiduciary responsibilities as members of the Committee. The Committee evaluated the seven RFP responses and invited three finalists to submit Best and Final Offers and give presentations focused on the following: Introductions The participant experience: A review of vendor communication/education program capabilities and road map for the Plan. Including demonstrations of participant and Plan Sponsor websites. Implementation: An overview of vendor plan including a summary of the information converted as well as how far back that data goes Recordkeeping: A brief review of vendor system to include what they can help the County automate or do electronically as well as how vendor protects participant data. The Committee met multiple times following vendor presentations to review the proposals and discuss the relative merits of each vendor. The Committee unanimously voted to recommend Empower Retirement as the County’s 457 Deferred Compensation Plan Recordkeeper. Empower Retirement best matched the criteria outlined in the RFP. Empower had the most public sector defined contribution 457(b) plans with 9,000 participants or more than any of the respondents (28 total versus 19 for the next closest). Through the RFP and finalist presentations, Empower Retirement demonstrated a better understanding of the County’s Plan and ability to assist in automating current Plan features, including loans. Empower has focused resources on developing their systems and website giving plan participants powerful tools at their fingertips 24/7. This was apparent in their presentation. The Committee found their customized website to be more participant-focused and intuitive than others presented, resulting in an enhanced user experience. Loan administration is fully automated, making it easy for participants to monitor as well as apply for loans. Moreover, Empower’s approach has led to income replacement projections that exceed national averages. Additionally, Empower’s administrative and participant fees were competitive across all pricing scenarios and provided better overall value when taken as a whole. Empower offered a number of advantages that made them stand out above the other respondents. Toll Free customer service hours include evenings and Saturdays, making it easier for employees to receive assistance. Empower was also the only finalist offering Live Chat in addition to a standard call center. In assistance. Empower was also the only finalist offering Live Chat in addition to a standard call center. In addition, Empower’s Customer Service Representatives and Field Representatives are required to hold Financial Industry Regulatory Authority Series 6 and 63 licenses, meaning they can act in a fiduciary capacity and provide professional advice to Plan participants. The most common complaint received from Plan participants is that the current representatives are unable to provide financial advice. Finally, the Stable Value Fund offered by Empower is a separate account for Contra Costa County Plan participants, which provides greater security for the more than $600 million in plan assets than the General Account offered by the current vendor. In addition, the current vendor fund is a “spread product” where the vendor collects the difference between fund earnings and what is credited to plan participants, rather than benefiting the plan participants. After finalizing all provisions, investment options and the administrative services agreement, the Committee will return to the Board of Supervisors for their approval and adoption of the contract. Following contract approval, the County will begin facilitation of communication and educational materials for the plan participants and establishing contracts with fund companies, as needed. CONSEQUENCE OF NEGATIVE ACTION: The County will soon be out of contract with its current provider. Without a successor contract in place, many of the favorable terms and conditions of the current contract are lost. RECOMMENDATION(S): OPEN a public hearing, previously fixed for February 26, 2019 at 9:30 a.m., on implementation of the property tax cost recovery provisions of Revenue and Taxation Code section 95.3; RECEIVE testimony and CLOSE the public hearing; ADOPT the report of the Auditor-Controller filed on January 22, 2019 of the 2017-2018 fiscal year property tax-related costs of the Assessor, Tax Collector, Auditor, and Assessment Appeals Board, including the proposed charges against each local jurisdiction excepting school entities, for the local jurisdiction's proportionate share of such administrative costs; and ADOPT Resolution No. 2019/35 regarding the implementation of the property tax administrative cost recovery provisions of Revenue and Taxation Code section 95.3 for fiscal year 2018-2019. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Robert Campbell, Auditor-Controller D.10 To:Board of Supervisors From:David Twa, County Administrator Date:February 26, 2019 Contra Costa County Subject:Property Tax Administrative Cost Recovery RECOMMENDATION(S): (CONT'D) > FISCAL IMPACT: The fiscal year 2017-2018 net cost of property tax administration was $16,754,408. This amounts to approximately 0.81% of all 2017-2018 property taxes levied countywide. This cost is allocated to each taxing entity in the County based on net revenues of each entity as a percentage of total revenues. School districts, community college districts, and the County Office of Education are exempt from cost recovery. As a result, the County absorbs the schools' share, which this year amounts to $8,077,555. The net recovery to the County is $6,671,653. Total cost of property tax administration $16,754,408 Exempt School share of costs -$8,077,555 County share of costs -$2,005,200 Net recovery to the County $6,671,653 BACKGROUND: In 1997, the Board adopted Resolution No. 97/129, which provides procedures for property tax administrative cost recovery. The recommended actions are necessary for implementation of Resolution No. 97/129 for the current fiscal year. CONSEQUENCE OF NEGATIVE ACTION: The County would not recover $6,671,653 in property tax administrative costs. AGENDA ATTACHMENTS Resolution 2019/35 2018-19 Property Tax Administration Charges MINUTES ATTACHMENTS Signed Resolution No. 2019/35 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/26/2019 by the following vote: AYE:4 John Gioia Candace Andersen Karen Mitchoff Federal D. Glover NO: ABSENT:1 Diane Burgis ABSTAIN: RECUSE: Resolution No. 2019/35 SUBJECT: Findings and Determination Concerning the Implementation of the Property Tax Administrative Cost Recovery Provisions of Revenue and Taxation Code section 95.3 A public hearing having been held during the Board of Supervisors' meeting of February 26, 2019, on implementation of the property tax cost recovery provisions of Revenue and Taxation Code section 95.3, as provided in Board of Supervisors' Resolution 97/129, the Board of Supervisors, and the Auditor-Controller, hereby make the following findings and determination. A. PROPERTY TAX ADMINISTRATIVE RECOVERY 1. On January 22, 2019, the Auditor-Controller filed with the Clerk of the Board of Supervisors a report of the 2017-2018 fiscal year property tax-related costs of the Assessor, Tax Collector, Auditor and Assessment Appeals Board, including the applicable administrative overhead costs permitted by federal circular A-87 standards, proportionally attributable to each local jurisdiction and Educational Revenue Augmentation Fund (ERAF) in Contra Costa County, in the ratio of property tax revenue received by each local jurisdiction and ERAF divided by the total property tax revenue received by all local jurisdictions and ERAFs in the county for the current fiscal year. The report included proposed charges against each local jurisdiction excepting school entities, for the local jurisdiction's proportionate share of such administrative costs. 2. On February 26, 2019, at the Board of Supervisors' meeting, a public hearing was held on the Auditor-Controller's report, notice of which was given as required by law and by Board of Supervisors' Resolution No. 97/129. 3. The report of the Auditor-Controller filed on January 22, 2019, is hereby adopted, and the Board of Supervisors and the Auditor-Controller find that amounts expressed in said report do not exceed the actual amount of 2017-2018 fiscal year property tax administrative costs proportionally attributable to local jurisdictions. 4. The additional revenue received by Contra Costa County on account of its 2017-2018 fiscal year property tax administrative costs pursuant to Revenue and Taxation Code section 95.3 shall be used only to fund the actual costs of assessing, equalizing, collecting, and allocating property taxes. An equivalent amount of the revenues budgeted to finance assessing, equalizing, collecting and allocating property taxes in fiscal year 2018-2019 may be reallocated to finance other County services. In the event that the actual 2018-2019 costs for assessing, collecting, equalizing and allocating property taxes plus allowable overhead costs are less than the amounts determined in the January 22, 2019 report by the Auditor-Controller, the difference shall be proportionally allocated to the respective local jurisdictions which paid property tax administration charges. B. FINDINGS AND DETERMINATION 1. No written objections were received by February 26, 2019 for the public hearing on the Auditor-Controller's report filed on January 22, 2019. 2. The property tax administrative costs proportionately attributable to each local jurisdiction for the 2017-2018 fiscal year are as set forth in the Auditor-Controller's report filed on January 22, 2019, attached hereto as Exhibit A. 3. The amounts expressed in the Auditor-Controller's report are correct. 4. Notice as required by law was given of the public hearing on February 26, 2019. 5. The grounds stated herein to support findings are not exclusive and any findings may be supported on any lawful ground, whether or not expressed herein. 6. If any finding herein is held invalid, such invalidity shall not affect findings which can be given effect without the invalid provision, and to this end, the invalid finding is severable. So found and determined: ________________________________________ Robert Campbell Contra Costa County Auditor-Controller 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Robert Campbell, Auditor-Controller RECOMMENDATION(S): APPROVE the Jersey Island Road Bridge Repair Project (Project) and AUTHORIZE the Public Works Director, or designee, to advertise the Project, Oakley area. [County Project No. 0662-6U4134, DCD-CP#18-44] (District III). DETERMINE the Project is a California Environmental Quality Act (CEQA), Class 1(c) Categorical Exemption, pursuant to Article 19, Section 15301(c) 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. FISCAL IMPACT: Estimated Project cost: $428,000. 100% Local Road Funds. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Alex Nattkemper (925) 313-2364 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Ave' Brown, Alex Natttkemper C. 1 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 26, 2019 Contra Costa County Subject:APPROVE the Jersey Island Road Bridge Repair Project and take related actions under CEQA. BACKGROUND: The purpose of this Project is to fortify and repair deterioration of the Jersey Island Road Bridge to prolong the bridge’s lifespan and return the bridge to full operation. Based on a recent Caltrans inspection and analysis, the existing condition of the bridge is such that it cannot sustain the design vehicle loads. Therefore, the entire northbound lane (eastern half of the bridge) has been closed and load restrictions have been posted. One-way traffic controls are now installed at either end of the bridge to allow one-way reversing traffic on the western half of the bridge only. CONSEQUENCE OF NEGATIVE ACTION: Delay in approving the project may result in a delay of design, construction, and may jeopardize funding. ATTACHMENTS CEQA RECOMMENDATION(S): APPROVE the Marsh Creek Road Bridge Replacement Project contingency fund increase of $50,000.00 for a new contingency fund total of $506,041.00, and a new payment limit of $5,066,451.00, effective February 26, 2019, as recommended by the Public Works Director, Clayton area. (Federal Project No. BRLS-5928(107); County Project No. 0662-6R4079) (District III) FISCAL IMPACT: The project is being funded by 88.53% Federal Highway Bridge Program Funds and 11.47% Local Road Funds. BACKGROUND: The contingency fund increase is necessary to compensate the contractor for unforeseen extra work required to complete the project. CONSEQUENCE OF NEGATIVE ACTION: The lack of approval would prevent successful completion of this contract and prevent payment for the additional work performed by the contractor. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 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:February 26, 2019 Contra Costa County Subject:Approve the contingency fund increase for the Marsh Creek Road Bridge Replacement Project, Clayton area. CHILDREN'S IMPACT STATEMENT: RECOMMENDATION(S): (1) APPROVE plans, specifications, and design for the Kirker Pass Road Northbound Truck Climbing Lane Project, Concord and Pittsburg area. County Project No. 0662-6R4052, Federal Project No. RPSTPL-5928 (123), (District IV and V) (2) DETERMINE that the bid submitted by Granite Rock Company (Granite Rock), exceeded the Disadvantaged Business Enterprise Goal for this project and that Granite Rock has submitted the lowest responsive and responsible bid for this project (3) AWARD the construction contract for the above project to Granite Rock in the listed amount ($14,153,763.00) and the unit prices submitted in the bid, and DIRECT that Granite Rock shall present two good and sufficient surety bonds, as indicated below, and that the Public Works Director, or designee, shall prepare the contract. (4) ORDER that, after the contractor has signed the contract and returned it, together with the bonds as noted below and any required certificates of insurance or other required documents, and the Public Works Director has reviewed and found them to be sufficient, the Public Works Director, or designee, is authorized to sign the contract for this Board. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 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:February 26, 2019 Contra Costa County Subject:Construction Contract for the Kirker Pass Road Northbound Truck Climbing Lane Project, Concord and Pittsburg areas. RECOMMENDATION(S): (CONT'D) (5) ORDER that, in accordance with the project specifications and/or upon signature of the contract by the Public Works Director, or designee, and bid bonds posted by the bidders are to be exonerated and any checks or cash submitted for security shall be returned. (6) ORDER that, the Public Works Director, or designee, is authorized to sign any escrow agreements prepared for this project to permit the direct payment of retentions into escrow or the substitution of securities for moneys withheld by the County to ensure performance under the contract, pursuant to Public Contract Code Section 22300. (7) DELEGATE, pursuant to Public Contract Code Section 4114, to the Public Works Director, or designee, the Board’s functions under Public Contract Code Sections 4107 and 4110. (8) DELEGATE, pursuant to Labor Code Section 6705, to the Public Works Director or to any registered civil or structural engineer employed by the County the authority to accept detailed plans showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection during trench excavation covered by that section. (9) DECLARE that, should the award of the contract to Granite Rock be invalidated for any reason, the Board would not in any event have awarded the contract to any other bidder, but instead would have exercised its discretion to reject all of the bids received. Nothing in this Board Order shall prevent the Board from re-awarding the contract to another bidder in cases where the successful bidder establishes a mistake, refuses to sign the contract, or fails to furnish required bonds or insurance (see Public Contract Code Sections 5100-5107). FISCAL IMPACT: The construction contract and associated fees of this project will be funded by 13% Surface Transportation Improvement Program Funds, 6% One Bay Area Grant Local Streets and Road Program Funds, 9% State Match Program Funds, 41% Local Road Funds, 29% Measure J Regional Funds, and 2% Measure J Return to Source Funds. BACKGROUND: The above project was previously approved by the Board of Supervisors, plans and specifications were filed with the Board, and bids were invited by the Public Works Director. On January 22, 2019, the Public Works Department received bids from the following contractors: BIDDER, TOTAL AMOUNT, BOND AMOUNTS Granite Rock Company, $14,153,763.00; Payment: $14,153,763.00; Performance: $14,153,763.00 Bay Cities Paving & Grading, Inc., $14,886,666.50 Ghilotti Construction Company, Inc., $15,223,077.60 Gordon N. Ball, Inc., $15,440,881.00 Flatiron West, Inc., $15,528,038.20 Granite Construction Company, $16,073,185.10 O. C. Jones & Sons, Inc., $16,693,788.00 DeSilva Gates Construction L.P., $17,500,000.00 The bidder listed first above, Granite Rock, submitted the lowest responsive and responsible bid, which is $732,903.50 less than the next lowest bid. This is a federally funded project subject to a Disadvantaged Business Enterprise (DBE) contract goal and requirements. The Public Works Director reports that the lowest monetary bidder, Granite Rock, attained DBE participation of 17.42% to meet the DBE goal (16.00%) and requirements for this project. The Public Works Director recommends that the Board determine that Granite Rock has complied with the DBE requirements for this project and recommends that the construction contract be awarded to Granite Rock. The Public Works Director recommends that the bid submitted by Granite Rock is the lowest responsive and responsible bid, and this Board concurs and so finds. The Board of Supervisors previously adopted the Mitigated Negative Declaration and Monitoring Reporting Program on October 18, 2016 in compliance with the California Environmental Quality Act (CEQA), and a Notice of Determination was filed with the County Clerk on October 20, 2016. The Board of Supervisors previously approved the Addendum to the Mitigated Negative Declaration on November 6, 2018 in accordance with the CEQA Guidelines Section 15164. The general prevailing rates of wages, which shall be the minimum rates paid on this project, have been filed with the Clerk of the Board, and copies will be made available to any party upon request. CONSEQUENCE OF NEGATIVE ACTION: Construction of this project would be delayed, and the project might not be built. RECOMMENDATION(S): APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute, on behalf of Contra Costa County (County), the Real Property Services Agreement (Agreement) with Solano Transportation Authority (STA), to provide right of way services to STA for the I-80/I-680/SR-12 Interchange – Construction Package 2 project, effective date of February 1, 2019 until terminated by either party, for payment of the County’s costs to provide services in an amount not to exceed $100,000. (Project No.:4500-6X5800) FISCAL IMPACT: 100% Solano Transportation Authority Funds. BACKGROUND: STA is planning to proceed with its I-80/I-680/SR-12 Interchange – Construction Package 2 Project (Project) in Solano County. The Project is SB1 funded and in order to complete the Project, STA needs to acquire certain interests in real property. STA requires a variety of right-of-way services but has no right of way staff and desires to contract with the County APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Jessica Dillingham, 925-957-2453 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 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:February 26, 2019 Contra Costa County Subject:APPROVE Real Property Services Agreement between Contra Costa County and Solano Transportation Authority for the I-80/I-680/SR-12 Interchange – Constr BACKGROUND: (CONT'D) for these services. Under the Agreement, Public Works Department Real Estate staff will perform various right-of-way services, including but not limited to right of way appraisal review; land rights document preparation; right of way acquisition; negotiations; right of way certification; supervision of independent contractors and other related work as required. STA will pay the County for those services based on the County’s labor costs, up to the payment limit of the Agreement. The Agreement includes a mutual indemnification provision. Each party will be required to indemnify the other party for any claims that arise from the indemnifying party’s acts, errors, or omissions in the performance of that party’s obligations under the Agreement. CONSEQUENCE OF NEGATIVE ACTION: STA will not be able to contract for the County’s right of way services. ATTACHMENTS Real Estate Services Agreement 1 REAL PROPERTY SERVICES AGREEMENT 1. Effective Date and Parties. Effective on February 1, 2019, the COUNTY OF CONTRA COSTA, a political subdivision of the State of California (hereinafter referred to as "County"), and SOLANO TRANSPORTATION AUTHORITY, a joint powers agency (hereinafter referred to as "Agency"), hereby mutually promise and agree as follows: 2. Purpose. The Agency is planning the I-80/I-680/SR-12 Interchange – Construction Package 2 project to be constructed during the spring/summer of 2020. The Agency has no right of way staff and desires to contract with the County for right-of-way acquisition services. 3. Services by County. County will provide Agency the following services, in connection with the acquisition of right of way, as depicted in the attached Appendix “A”, as directed by Agency: appraisal and appraisal review; negotiations; land rights documents preparation; right of way acquisition; relocation; and/or supervision of independent contractors providing such services; condemnation support; and related work as required (all of which constitute “Services”). The County warrants that it will perform these Services in accordance with accepted professional standards and procedures. (County reserves the right to decline to provide services requested by the Agency on a project by project basis.) 4. Payment for Services. Agency shall reimburse County, at the hourly charge out rates in Attachment 1 of Appendix “B”, attached hereto, for all time that County real property agent’s perform Services for Agency under this Agreement. Agency shall reimburse County for costs of experts and contractors retained by County in the performance of Services. Agency shall reimburse County for all other expenses County incurs in the performance of the Services, including but not limited to management of leases, all acquisition settlements and any other costs of acquisition such as title fees, recording fees, and escrow costs that the County actually incurs to perform the Services. Payments by Agen cy shall be made within 30 days of billing by County. 5. Indemnification. County shall defend, indemnify, and hold harmless the Agency, its officers and employees for any claims, liabilities, damage, injury, or death of or to any person, or the property of any person, including attorney’s and expert fees (collectively, “Liabilities”) that arise out of the willful misconduct or the negligent acts, errors, or omissions of the County, its officers, employees, agents, and volunteers, in performing any of its or their obligations under this Agreement. Notwithstanding anything to the contrary, County shall not be obligated to indemnify Agency, its officers and employees for any portion of Liabilities that arise out of Agency’s, or its officers’ or employees’ willful misconduct or negligent acts, errors, or omissions. Agency shall defend, indemnify and hold harmless County, its officers and employees for any claims, liabilities, damage, injury, or death of or to any 2 person, or the property of any person, including attorney’s and expert fees (collectively, “Liabilities”) that arise out of the willful misconduct or the negligent acts, errors, or omissions of the Agency, its officers, employees, agents, and volunteers, in performing any of its or their obligations under this Agreement. Notwithstanding anything to the contrary, Agency shall not be obligated to indemnify County, its officers and employees for any portion of Liabilities that arise out of County’s, or its officers’ or employees’ willful misconduct or negligent acts, errors, or omissions. 6. Independent Status. Nothing herein shall be construed to imply that any County employee providing services hereunder is an Agency employee. 7. Term. The term of this agreement shall commence on the effective date hereof and shall end upon termination by either party upon 30 days written notice. The rights and obligations of Paragraph 5 "Indemnification" shall survive any such termination. Within 30 days after the termination of this Agreement, Agency shall pay the County for all unpaid charges and costs for Services the County provides and for all expenses that it incurs during the performance of those Services, under this Agreement through the termination of the Agreement. 8. Notices. Any notice required to be given to County and Agency hereunder will be sufficient if delivered in writing as designated below, or to such other addresses as County and Agency may respectively designate by written notice to the other: COUNTY: Contra Costa County Public Works Department c/o Real Estate Division 255 Glacier Drive Martinez, CA 94553 (925) 957-2467 AGENCY: Solano Transportation Authority Attn: Janet Adams, Director of Projects One Harbor Center, Ste. 130 Suisun City, CA 94585 (707) 424-6074 Notice given by personal delivery shall be deemed complete upon delivery. Notice give n by Overnight Carrier shall be deemed complete on the day after it is postmarked. Notice given by U.S. Mail shall be deemed complete on the third day after it is postmarked. 9. Entire Agreement. This Agreement contains the entire agreement between the County and the Agency and supersedes any and all other prior agreements and all negotiations leading up to the execution of this Agreement, whether oral or in writing, between the County and Agency. The County and Agency acknowledge that no representations, inducements, promises, or statements, oral or otherwise, have been made by either of them or by anyone acting on behalf of them that are not embodied or incorporated by reference herein, and further agree that no other covenant, representation, inducement, promise, or 3 statement not set forth in this Agreement shall be valid or binding. 10. Amendments and Modifications. This Agreement may not be modified or amended except in writing approved by the County and Agency. 11. Governing Law. This Agreement shall be governed by and construed in accordance with California law. 12. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. 13. Severability. If any term or provision of this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement shall not be affected. 14. No Third-Party Beneficiaries. Nothing in this Agreement creates, not shall it be interpreted to create, any third-party beneficiaries. COUNTY OF CONTRA COSTA SOLANO TRANSPORTATION AUTHORITY By _____________________________ By ________________________ John M. Gioia Daryl Halls Chair, Board of Supervisors Executive Director Recommended for Approval: By _____________________________ Karen A. Laws Principal Real Property Agent By _____________________________ Brian M. Balbas Public Works Director APPROVED AS TO FORM Approved as to Form: by County Counsel by STA Legal Counsel By By______________________ AB:dw G:\realprop\STA 180-680-12 Package 2\Admin-Contracts\Revised Real Estate Services Agreement – STA – CP2A 1- 30-19.docx RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with AECOM Technical Services, Inc. (AECOM), effective March 2, 2019, to extend the term from March 1, 2019 to December 31, 2019, for on-call civil engineering services, with no increase to the original payment limit of $250,000, Countywide. (County Project No. 0662-6R6113)(All Districts) FISCAL IMPACT: Work performed under this amendment is funded by 100% Local Road Funds. BACKGROUND: The Public Works Department is involved in various projects in the County which require civil engineering consulting services for road, flood control, and airport projects. After a solicitation process in 2016, this firm and three other firms were selected to provide civil engineering services on an “on-call” basis. On March 1, 2016, a consulting service agreement with AECOM was approved by the Board of Supervisors. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 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:February 26, 2019 Contra Costa County Subject:Contract Amendment No. 1 with AECOM, Countywide. BACKGROUND: (CONT'D) Since the original consulting service agreement was executed, the Consultant provided on-call civil engineering services on the Pacheco Avenue Alignment Study, Blum Road to Morello Avenue. This project is on-going and requires Consultant’s engineering services beyond the Agreement’s March 1, 2019 expiration. In order to allow this project to continue without disruption, the contract is being extended solely for the completion of this project. Proposed Amendment No. 1 will extend the contract termination date from March 1, 2019, to December 31, 2019, with no increase to the original payment limit of $250,000. Approval of Amendment No. 1 for this Consulting Services Agreement will allow the Consultant to continue to provide civil engineering services for the Pacheco Avenue Alignment Study, Blum Road to Morello Avenue, through December 31, 2019. CONSEQUENCE OF NEGATIVE ACTION: If the contract amendment is not approved, the Pacheco Avenue Alignment Study, Blum Road to Morello Avenue will experience delays and added costs as the County solicits for new professional services which will duplicate previous work. RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with ENGEO Incorporated (ENGEO), effective March 2, 2019, to extend the term from March 1, 2019, to December 31, 2019, for on-call geotechnical engineering services, with no increase to the original payment limit of $250,000, Countywide. (County Project No. 0662-6R2531)(All Districts) FISCAL IMPACT: Work performed under this amendment is funded by 100% Local Road Funds. BACKGROUND: The Public Works Department is involved in various projects in the County which require geotechnical engineering consulting services for road, flood control, and airport projects. After a solicitation process in 2016, this firm and four other firms were selected to provide geotechnical engineering services on an “on-call” basis. On March 1, 2016, a consulting service agreement with ENGEO was approved by the Board of Supervisors. Since the original consulting service agreement was executed, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 6 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 26, 2019 Contra Costa County Subject:Contract Amendment No. 1 with ENGEO, Countywide. BACKGROUND: (CONT'D) the Consultant provided on-call geotechnical engineering services on multiple projects. While most of the projects have been completed, the San Pablo Dam Road Landslide and Bench Repair Project is on-going and requires Consultant’s engineering services beyond the Agreement’s March 1, 2019 expiration. In order to allow this project to continue without disruption, the contract is being extended solely for the completion of this project. Proposed Amendment No. 1 will extend the contract termination date from March 1, 2019, to December 31, 2019, with no increase to the original payment limit of $250,000. Approval of Amendment No. 1 for this Consulting Services Agreement will allow the Consultant to continue to provide geotechnical engineering services for the San Pablo Dam Road Landslide and Bench Repair Project, through December 31, 2019. CONSEQUENCE OF NEGATIVE ACTION: If the contract amendment is not approved, the San Pablo Dam Road Landslide and Bench Repair Project will experience delays and added costs as the County solicits for new professional services which will duplicate previous work. RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with Hultgren-Tillis Engineers (Hultgren-Tillis), effective March 2, 2019, to extend the term from March 1, 2019 to December 31, 2019, for on-call geotechnical engineering services, with no increase to the original payment limit of $250,000, Countywide. (County Project Nos. 7527-6D8740 and 7520-6B8348) (All Districts) FISCAL IMPACT: Work performed under this amendment is funded by 100% Local Road and Flood Control 3B Funds. BACKGROUND: The Public Works Department is involved in various projects in the County which require geotechnical engineering consulting services for road, flood control, and airport projects. After a solicitation process in 2016, this firm and four other firms were selected to provide geotechnical engineering services on an “on-call” basis. On March 1, 2016, a consulting service agreement with Hultgren-Tillis was approved by the Board of Supervisors. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 7 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 26, 2019 Contra Costa County Subject:Contract Amendment No. 1 with Hultgren-Tillis, Countywide. BACKGROUND: (CONT'D) Since the original consulting service agreement was executed, the Consultant provided on-call geotechnical engineering services on multiple projects. While most of these projects have been completed, the San Pablo and Wildcat Creeks Levee Certification and Grayson and Walnut Creeks Levee Rehabilitation at Central Contra Costa Sanitary District Treatment Plant Projects in San Pablo, Martinez and Walnut Creek are on-going and require Consultant’s engineering services beyond the Agreement’s March 1, 2019 expiration. In order to allow these projects to continue without disruption, the contract is being extended solely for the completion of these projects. Proposed Amendment No. 1 will extend the contract termination date from March 1, 2019, to December 31, 2019, with no increase to the original payment limit of $250,000. Approval of Amendment No. 1 for this Consulting Services Agreement will allow the Consultant to continue to provide geotechnical engineering services for the San Pablo and Wildcat Creeks Levee Certification and Grayson and Walnut Creeks Levee Rehabilitation at Contra Costa County Sanitary District Treatment Plant Projects through December 31, 2019. CONSEQUENCE OF NEGATIVE ACTION: If the contract amendment is not approved, the San Pablo and Wildcat Creeks Levee Certification and Grayson and Walnut Creeks Levee Rehabilitation at Central Contra Costa Sanitary District Treatment Plant Projects will experience delays and added costs as the County solicits for new professional services which will duplicate previous work. RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Park Engineering, Inc. (Park), in an amount not to exceed $1,400,000 for construction management services for the Kirker Pass Road Northbound Truck Climbing Lane Project (Project), for the period February 26, 2019 through August 31, 2020, Concord area. (Federal Project No. RPSTPL-5928(123); County Project No. 0662-6R4052) (Districts IV, V) FISCAL IMPACT: This project, including this Consulting Services Agreement, will be funded by 13% Surface Transportation Improvement Program Funds, 6% One Bay Area Grant Local Streets and Road Program Funds, 9% State Match Program Funds, 41% Local Road Funds, and 29% Measure J Regional Funds, 2% Measure J Return to Source Funds. BACKGROUND: The Project consists of roadway widening, construction of six retaining walls and two bioretention areas, drainage improvements, relocation of existing roadside features, signing and striping, and pavement rehabilitation on both the north and southbound lanes of Kirker Pass Road in the Concord, California area. Park was selected to provide construction management services for the Project after APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 8 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 26, 2019 Contra Costa County Subject:Consulting Services Agreement with Park Engineering, Inc. for the Kirker Pass Road Northbound Truck Climbing Lane Project, Concord area. BACKGROUND: (CONT'D) completing a request for qualifications solicitation, interview and technical proposal process. Public Works has successfully negotiated with Park to provide the construction management services. CONSEQUENCE OF NEGATIVE ACTION: Without Board of Supervisors’ approval, this Consulting Services Agreement will not be in effect. A delay in the construction of the Project will occur, ultimately delaying the completion of the Project. Project delay may also result in substantial additional Project costs and jeopardize the funding. RECOMMENDATION(S): ADOPT Resolution No. 2019/54 accepting as complete, the contracted work performed by Demolition Services and Grading, Inc., for demolition of improvements located at 864 Diablo Road in Danville, also identified as Assessor’s Parcel No. 196-290-017 for the future Green Valley Creek Improvement Project, as recommended by the Public Works Director. (Project No.: 7520-6B8315) FISCAL IMPACT: 100% Flood Control Funds BACKGROUND: The Public Works Director reports that said work has been inspected and complies with the special provisions and standard specifications, and recommends its acceptance as completed as of February 6, 2019, for Assessor’s Parcel No. 196-290-017, also identified as 864 Diablo Road in Danville. CONSEQUENCE OF NEGATIVE ACTION: Demolition Services and Grading, Inc., 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: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Charlotte Nelson, 925-957-2458 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 9 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 26, 2019 Contra Costa County Subject:Accepting and Giving Notice of Completion and Demolition Contract for 864 Diablo Road in Danville. AGENDA ATTACHMENTS Resolution No. 2019/54 MINUTES ATTACHMENTS Signed: Resolution No. 2019/54 Recorded at the request of:Contra Costa County Real Estate Division Return To:Public Works Real Estate, Charlotte Nelson THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/26/2019 by the following vote: AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover, District V Supervisor NO: ABSENT:Diane Burgis, District III Supervisor ABSTAIN: RECUSE: Resolution No. 2019/54 IN THE MATTER OF: Accepting and Giving Notice of Completion of improvements located at 864 Diablo Road in Danville, also identified as Assessor’s Parcel Number 196-290-017, Project No.: 7520-6B835. WHEREAS the County of Contra Costa on November 16, 2018, issued a Notice to Proceed to Demolition Services and Grading, Inc., for abatement and demolition work to be performed on the ground of Contra Costa County Flood Control and Water Conservation District property; and WHEREAS the Public Works Director reports that said work has been inspected and complies with the approved special provisions and standard specifications and recommends its acceptance as complete as of February 6, 2019. NOW, THEREFORE BE IT RESOLVED said work is ACCEPTED as complete on said date, and the Real Estate Division of Public Works shall file with the County Recorder a copy of this Resolution and Notice as a Notice of Completion for said contract. Contact: Charlotte Nelson, 925-957-2458 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: RECOMMENDATION(S): AUTHORIZE the Director of Airports, or designee, to negotiate a long-term ground lease between the County, as Landlord, and one of the two parties, in priority ranking order, that have submitted a final proposal to lease a 7,500 square foot County-owned aircraft maintenance hangar building on the south side of Byron Airport. FISCAL IMPACT: There is no negative impact on the General Fund. The Airport Enterprise Fund could realize lease and other revenues. The County General Fund could realize sales tax and other revenues if a lease is successfully negotiated. BACKGROUND: The 7,500 square foot aircraft maintenance hangar building is owned by the County and located on the south side of Byron Airport, across the road from the Airport office building. The aircraft maintenance hangar building is designated for aviation use on the Byron Airport Master Plan. The Contra Costa County Public Works Department - Airports Division received a letter of interest to lease the building for an aviation business. In accordance with the Airport Division’s standard practices and at the request of the Airport District Office (ADO), on December 5, 2018, the Airport Division solicited for APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 10 To:Board of Supervisors From:Keith Freitas, Airports Director Date:February 26, 2019 Contra Costa County Subject:Contra Costa Airports-Authorization to Negotiate Long-Term Lease for County-Owned Aircraft Maintenance Bldg. at Byron Airport, Byron Area (District 3) the request of the Airport District Office (ADO), on December 5, 2018, the Airport Division solicited for competitive interest in leasing the building prior to making a tenant 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 for notification of development and use of County airport buildings at either of the County airports. The County received one additional letter of interest to lease this building. Consistent with the master developer selection process that was approved by the Board of Supervisors on May 23, 2006, projects with a competitive interest are to be reviewed and ranked by a selection committee. The selection committee, consisting of members of the Aviation Advisory Committee and County staff, reviewed and ranked the proposals. The proposal ranking outcome was determined by the following factors: BACKGROUND: (CONT'D) Financial and lease terms Use of the hangar building and expansion of aviation services Track record and experience Compatibility with land use policies Enhancements to the building Applying the above factors, the proposal submitted by Skyview Aviation was top ranked by the selection committee. The proposal received from West Coast Air Sports, Inc. was ranked second. Negotiation of lease terms would expand economic activity, provide additional revenues to the Airport Enterprise Fund, and expand aviation-related business services at the Byron Airport. A business proposal must be consistent with the Airport Master Plan and General Plan for consideration. The proposed aviation development is consistent with the Byron Airport Master Plan and General Plan. 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 leasing the maintenance hangar will result in a delay in the expansion of aviation services at Byron Airport and may negatively impact the Airport Enterprise Fund and County General Fund. RECOMMENDATION(S): APPROVE the Countywide Full Trash Capture Installation Project (Project) and AUTHORIZE the Chief Engineer, or designee, to advertise the Project, Countywide. [County Project No. 0062-6R4030, DCD-CP#18-45] (All Districts) DETERMINE the Project is a California Environmental Quality Act (CEQA), Class 15302(c) Categorical Exemption, pursuant to Article 19, Section 15302 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 Chief Engineer, 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: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Ave Brown - Environmental Division Manager, Trina Torres , Laura Cremin C. 11 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 26, 2019 Contra Costa County Subject:APPROVE the Countywide Full Trash Capture Installation Project and take related actions under CEQA. FISCAL IMPACT: Estimated Project cost: $300,000 annually for up to 5 years. (66% Storm Water Utility Assessment Funds and 34% Local Road Funds) BACKGROUND: The purpose of this project is to install full trash capture devices in existing stormwater inlets to reduce trash flow into creeks. The County is a permittee of the Regional Water Quality Control Board’s Municipal Regional Stormwater Permit (MRP 2.0). Under this permit, the County is required to reduce the amount of trash that reaches the San Francisco Bay by 80% by 2019. Full trash capture is one of the control measures used to reduce trash from a moderate, high or very high level, as specified on the County’s trash generation maps, to a low trash rate. The two types of trash capture devices that will be used are connector pipe screens (full trash capture device) and automatic retractable screens (partial trash capture device). The connector pipe screens are installed in storm drains in front of the outlet pipe of the drain’s catch basin to prevent trash from flowing out. A deflector is installed above the screen to reduce the amount of trash that falls behind the screen, and a bypass is part of the system to prevent flooding. The automatic retractable screens are installed onto storm drain inlets of street curbs to reduce the amount of space that allows trash to enter the inlets. The County will install the trash capture devices in areas where the County has property rights (i.e., fee title ownership or existing easements); therefore, the project will not require right of way acquisition or easements. CONSEQUENCE OF NEGATIVE ACTION: Delay in approving the project may result in a delay of design, construction, and may jeopardize funding. ATTACHMENTS CEQA FIGURE 9: Example Photos RECOMMENDATION(S): APPROVE and AUTHORIZE the use of a portion of the Mariposa Energy Project Community Benefits Fund for three Byron Airport Projects as recommended by Supervisor Diane Burgis: (1) to complete the Federal Aviation Administration process to re-designate 36-acres for non-aeronautical use; (2) to complete a water service and environmental analysis related to the Byron Airport General Plan Amendment program; and (3) to purchase and erect a modular Aircraft Rescue and Firefighting/maintenance storage building (District III). FISCAL IMPACT: There is no negative impact on the General Fund. The total cost for these three combined Byron Airport projects is approximately $204,000. These projects are not eligible for FAA funding and the Mariposa Energy Project Community Benefits Fund will provide project funds. The Mariposa Community Benefit Fund was established to enhance and support the Byron Airport. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 12 To:Board of Supervisors From:Diane Burgis, District III Supervisor Date:February 26, 2019 Contra Costa County Subject:Authorization to Use a Portion of the Mariposa Energy Project Community Benefits Fund for Three Byron Airport Projects BACKGROUND: The Byron Airport (Airport) Master Plan, approved in 2005, identified a diversity of aviation and aviation-related land uses for the long-term build-out of the Airport. To fully implement the Airport Master Plan, it was necessary to undertake a General Plan Amendment (GPA) process to provide consistency with and allow for the range of contemplated land uses. The GPA also requires an environmental analysis of the proposed changes before the amendment can be considered for approval. This process was initiated by the Department of Conservation and Development, working in collaboration with the Airports, in December 2012. The GPA and environmental processes were estimated to have a project cost range of $90,000 to $250,000. On December 11, 2012, the Board approved using up to $250,000 of the Mariposa Community Benefit Fund for this GPA and related environmental processes. On August 14, 2018, the Board approved using an additional $49,250 to update the Byron Airport Chapter of the Airport Land Use Compatibility Plan. During the course of preparing the GPA process documents, additional land and environmental analysis were identified as necessary to complete the process and achieve consistency with governing policies and plans. Additional Mariposa Community Benefit Funds are being requested for the following items related to the Byron Airport GPA process: On April 24, 2018, the Board authorized staff to negotiate a ground lease and development terms for approximately 36-acres of County owned land at the Byron Airport. The proposed use was for a compatible non-aviation development on land described for non-aviation use in the Byron Airport Master Plan (Airport Master Plan). This land, however, was not formally released for non-aeronautical use by the Federal Aviation Administration (FAA). A land release request package must be prepared in order for the FAA to make a determination. As the requested action could result in a change to the Airport Master Plan, the land release request package must comply with the National Environmental Policy Act (NEPA). The cost to prepare a documented categorical exclusion (CATEX) is approximately $50,000. It is possible that an Environmental Assessment may be required if there are identified critical items during the preparation of the CATEX or if the FAA determines that a higher level NEPA evaluation is necessary. Completion of the GPA process and FAA release of the 36-acres for non-aeronautical use is required before a lease can be executed. 1. An additional $49,000 from the Mariposa Community Benefit Fund is requested to perform a water supply assessment (WSA) and environmental studies for a 11.7-acre parcel adjacent to the Byron Airport. A WSA, under Senate Bill 610, determines the water supply sufficiency for the existing and other planned future land uses at the Byron Airport. The WSA is necessary in order to expedite implementation and development at the Byron Airport consistent with the Airport Master Plan and completion of the associated GPA process. The cost to prepare the WSA is about $35,920. The prospective developer (Developer) of the 36-acres discussed above has been preparing potential site plans for the proposed non-aviation development. The portion of the property adjacent to Armstrong Road is irregular in shape and has limited street access for ingress and egress. To improve the parcel configuration and future usage, the Developer discussed acquiring an adjacent 11.7-acre parcel with the landowner who is interested in selling the property. The intent would be to incorporate the added 11.7-acre property into the non-aviation development and to ultimately convey the property to the County for the Byron Airport. As a result, additional environmental studies are needed to include the 11.7-acre property in the Byron Airport GPA program. The cost for the environmental studies is about $14,100. 2. An additional $105,000 of Mariposa Community Benefit Funds are being requested to purchase and erect a modular building for storage of Aircraft Rescue and Firefighting (ARFF) apparatus and airport equipment. The ARFF apparatus and airport equipment has been stored in a County owned aircraft storage hangar. The replacement apparatus is too large to fit into the hangar and the Airport was going to use a portion of the 505 Eagle Court maintenance hangar for storage of the new apparatus. However, an aviation business expressed interest in that maintenance hangar. As such, the Airport would like to purchase and erect a 50' by 50' storage facility properly equipped to house the ARFF apparatus in addition to consolidating all other airport equipment at Byron Airport. This would also allow the rental of additional aircraft facilities that would generate additional revenue to the Airport Enterprise Fund. The Mariposa Energy Project Community Benefits Fund was established to enhance and support the Byron Airport. The proposed use of the Mariposa Community Benefit Fund to update the Byron Airport Chapter of the ALUCP was reviewed and approved by the Aviation Advisory Committee at their December 13, 2018, and February 14, 2019 meetings. On February 13, 2019, the Airport Committee approved forwarding a total combined approximate use of $204,000 of the Mariposa Community Benefit Funds for added land and environmental analysis related to the Byron General Plan Amendment program and to purchase and erect a modular building for storage of the ARFF equipment to the full Board of Supervisors for their review and approval. CONSEQUENCE OF NEGATIVE ACTION: If the Airports Division is unable to proceed with the added work related to the Byron Airport GPA, it will be inconsistent with the Airport Master Plan and GPA which could cause the contemplated development opportunities not to be realized. In addition, if the Airports Division is unable to purchase and erect a modular building for storage of ARFF apparatus and airport equipment, then the maintenance hangar would not be available for the new business interest which would result in a loss of revenue and services at the Byron Airport. RECOMMENDATION(S): AUTHORIZE the Director of Airports to promote and market Buchanan Field and Byron Airport as testing locations for emerging aeronautical and aeronautical related technologies. FISCAL IMPACT: There is no direct impact to the County General Fund. Airport staff time and any County Counsel staff time will be charged to the Airport Enterprise Fund. Successful marketing efforts are expected to have a positive impact on the Airport Enterprise Fund and the County General Fund over the long-term. BACKGROUND: The aviation industry is a dynamic economic engine that is affected by global trends. Historically, the County’s airports’ clientele has been hangar developers, pilots and providers of aviation-related services. In recent years, however, a new market for airport use has emerged. That market, acting as a test site for emerging aeronautical and aeronautical related technologies, is being driven by a variety of factors. One is the ever-increasing interest APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 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:Keith Freitas, Airports Director Date:February 26, 2019 Contra Costa County Subject:Authorization to Promote Marketing Opportunities at County Airports Resulting from Industry Trends BACKGROUND: (CONT'D) within the aviation community of using unmanned aeronautical systems (UAS or drones) for public safety and commercial purposes. Another is the interest on the part of the Federal Aviation Administration (FAA) in promoting research in technological advancements in the interest of policy formation and improved safety. To capitalize on this market trend, the Airport Division proposes to actively market the County’s airports as test sites for companies engaged in developing new aviation and aviation related technologies. In doing so, the County could benefit from (i) increased rent revenues, (ii) the ability to be an early-adopter of technologies that improve airport operations and safety, and (iii) establishing a more diverse tenant population, diminishing the impact of economic downturns. Other benefits include the potential for new capital investment and additional jobs in Contra Costa County. It is also anticipated that the County could benefit from the use of new UAS software and hardware applications in the areas of security, airfield inspections, wildlife hazard abatement, and pavement inspections. The risks identified in testing new technologies at the County’s airports are identical to those that currently exist with the daily aircraft operations conducted at Buchanan Field and Byron Airports. The most significant risks associated with aircraft operations are related to the safety of individuals on the ground and noise impacts. Any new technology-related testing operations conducted at these facilities would be mandated to comply with existing FAA operating rules and regulations. As a result, the safety risks would be the same as those that currently exist. Furthermore, Contra Costa County currently has existing noise abatement restrictions/noise ordinance in place that must be met by any new operator. It is important to note that many of the new technology aeronautical operations are already approved under FAA policies, which precludes the County from prohibiting such operations. It is also worth noting that expanding our marketing efforts will not guarantee short-term or long-term business development, new construction and or job opportunities. However, not exploring these opportunities will guarantee that Contra Costa County will not be considered. For all of these reasons, it is recommended that the County authorize the Director of Airports to broadly market, promote and partner with various private and government entities to conduct new technology testing at both Buchanan Field and Byron Airports, when consistent with FAA and Caltrans Division of Aeronautics operating rules and regulations. Any long-term agreements, such as lease, would be brought back to the Board for consideration. Short-term testing operations would only be approved once they have met existing FAA operating rules and regulations or have received special waiver authorization from the FAA to conduct the proposed operations. CONSEQUENCE OF NEGATIVE ACTION: Contra Costa County will not pursue testing of new technologies at Buchanan Field and Byron Airports. This could lead to a loss of potential business development and job opportunities in Contra Costa County. RECOMMENDATION(S): APPROVE and AUTHORIZE the Chief Engineer, Flood Control and Water Conservation District (District), or his designee, to execute an Agreement Regarding Access to and Use of Real Property in Order to Implement and Maintain a Habitat Restoration Project (Access Agreement), attached hereto, between the District and American Rivers, Inc. (American Rivers), pertaining to the Three Creeks Parkway Restoration Project, in the form attached hereto. FISCAL IMPACT: No fiscal impact. BACKGROUND: The District has partnered with American Rivers to implement the Three Creeks Parkway Restoration Project (Project), a multi-benefit flood management and ecosystem restoration project located along portions of Marsh Creek in the Brentwood area from the Union Pacific Railroad crossing near Sungold Park to Dainty Avenue. The Board approved the Project on March 27, 2018. American Rivers has obtained and is in the process of obtaining grant funding to pay for a portion of the Project, including a grant from the Sacramento-San Joaquin Delta Conservancy (Conservancy). Attachment B of the Access Agreement APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Angela Bell, Real Estate, (925) 957-2451 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Linda Wilcox, County Counsel, Mike Carlson, Deputy Chief Engineer, Karen Laws, Real Property, Angela Bell, Real Estate, Tim Jensen, Flood Control, Paul Detjens, Flood Control, Gus Amirzehni, Flood Control, Catherine Windham, Flood Control C. 14 To:Contra Costa County Flood Control District Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 26, 2019 Contra Costa County Subject:APPROVE and AUTHORIZE execution of an Access Agreement with American Rivers, Inc., for the Three Creeks Parkway Restoration Project. BACKGROUND: (CONT'D) is a copy of the Grant Agreement between American Rivers and the Conservancy. The Grant Agreement requires American Rivers to enter into a land tenure agreement with the District to ensure that American Rivers has permission to implement, monitor and maintain the Project on District property. Access under the Access Agreement will be subject to terms and conditions of an encroachment permit to be issued by the District prior to the start of construction. CONSEQUENCE OF NEGATIVE ACTION: If the Access Agreement is not approved, American Rivers may not receive grant funding from the Conservancy under the Grant Agreement. Other sources of funding may be needed to complete the Project. ATTACHMENTS Access Agreement American Rivers Prop1-2015-Y1-009 Exhibit A Page 1 of 11 EXHIBIT A SCOPE OF WORK Three Creeks Parkway Restoration Project I. BACKGROUND The Ecosystem Restoration and Water Quality Grant Program was developed in response to the Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Proposition 1). Proposition 1 amended the California Water Code (CWC) to add, among other articles, Section 79738, authorizing the Legislature to appropriate funds to the Sacramento-San Joaquin Delta Conservancy (Conservancy / Grantor) to fund multi- benefit ecosystem and watershed protection and restoration projects that benefit the Delta. II. AUTHORITY To further the goals of Proposition 1, Grantor is entering into this Grant Agreement (Agreement) with American Rivers (Grantee) to provide funding for the completion of the activities set forth in this Agreement. Grantee is a Nonprofit, validly existing, and in good standing under the laws of California. Grantee has full power and authority to transact the business in which it is engaged and full power, authority, and legal right to execute and deliver this Agreement and incur and perform its obligations hereunder. Although the grantee as authorized by the Agreement may utilize other entities to complete certain tasks identified within this Scope of Work (Exhibit A), Grantee is ultimately responsible for the completion of all activities set forth herein. Grantee’s use of the Grant funds is limited to those expenditures necessary to implement the Project and that are eligible under applicable State of California law. Furthermore, Grantee’s expenditure of Grant funds must be in accordance with Budget Detail and Payment Provisions (Exhibit B) and Budget Summary (Exhibit B, Attachment 1), and including all other Exhibits set forth within this agreement. Grantee may not transfer Grant funds between or among Budget line items without written approval from the Grantor. III. TERM OF AGREEMENT This Agreement shall run from its effective date through May 1st, 2032 (the “grant end date”) unless otherwise terminated or amended as provided in this agreement. However, the project implementation and billing service period shall run through May 1st, 2020 (the “funding end date”). All work for which reimbursement of approved expenditures is requested shall end by the funding end date. IV. PROJECT STATEMENT Overview: Grantee and its partner the Contra Costa County Flood Control and Water Conservation District (District) propose a multi-benefit ecosystem restoration project at the confluence of Marsh, Sand, and Deer Creeks (Three Creeks) to convert a denuded flood control channel into a healthy riparian corridor. The Three Creeks Parkway Restoration Project will restore native vegetation on 12.5 acres along nearly a mile of Marsh Creek, and floodplain and riparian habitat along 4,000 linear feet of creek. The project team’s overall goal is to improve habitat, flood management, water quality, and ecosystem resilience in the Marsh Creek watershed. This project is an early step in a larger effort to restore and improve habitat along the entire length of Marsh Creek from Mount Diablo to the Delta. The project also has the support of several other groups including the Friends of Marsh Creek Watershed (FOMCW), and the City of Brentwood (City). 1. Objectives(s): Specific objectives of this project are: a. Restore floodplain and native vegetation along 4,000 linear feet of Marsh Creek between Dainty Avenue and the Union Pacific Railroad. b. Improve habitat by restoring 12.5 weedy, ruderal and treeless acres with native vegetation to enhance the creek’s ecosystem, including 3.6 acres of frequently inundated floodplain (seasonal wetland), 5.2 acres of woody riparian vegetation, and 5.3 acres of grasslands and native scrub that will provide habitat for several species covered by the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (HCP). American Rivers Prop1-2015-Y1-009 Exhibit A Page 2 of 11 2. Project Description: a. Location: The project is located in the Marsh Creek watershed in Contra Costa County. The project site falls within the city limits of Brentwood. See Project Map (Exhibit A, Attachment 1). 3. Equipment: No equipment will be used during the term of this Agreement. 4. Project Implementation: Grantee will complete the tasks listed below and as stated in Grantee’s proposal approved in the Fiscal Year 2015-16 Proposition 1 Grant Program solicitation process. Task 1) Grant Management, Administration and Reporting Task 1a – Land Tenure and Long Term Management and Maintenance. See Section 8 below. Before funding is disbursed, Grantee must provide the Grantor with land tenure documentation for the useful life of the project. The Grantee does not own the land on which the project is being implemented and must provide a Landowner Access Agreement signed by the Landowner and Grantee, approved by the Grantor, and recorded at the County Recorder’s Office in which the project is located. The Grantee is required to ensure that the project is maintained in conformance with the terms of this Grant Agreement for at least 15 years as required by the State General Obligation Bond Law, and in accordance with the Long Term Management and Maintenance plan described below in Section 7. Task 1b – Delta Plan consistency. See section 12 (Delta Plan Consistency) below. This project is a covered action pursuant to the Delta Plan. The Grantor will not disburse construction funds until the project is certified as consistent with the Delta Plan. Task 1c – Quarterly Invoices. The Grantee shall refer to Budget Detail and Payment Provisions (Exhibit B), to prepare and submit Quarterly Invoices to the Grantee. Task 1d – Quarterly Progress Reports. The Grantee shall refer to Section V. Reports, and Reports (Exhibit H) to prepare and submit Quarterly Progress Reports to the Grantor. A “Sample Quarterly Progress Report Form” is provided. Task 1e – EcoAtlas Data Upload. The Grantee shall create a new project record in EcoAtlas and upload any relevant project data (e.g., project map) to EcoAtlas prior to submitting the first Quarterly Report. Task 1f – Annual Progress Reports. The Grantee shall refer to Section V. Reports, and Reports (Exhibit H) to prepare and submit Annual Progress Reports to the Grantor. A “Sample Annual Progress Report Form” is provided. Task 1g and Task 1h – Draft Final Report and Final Report. The Grantee shall refer to Section V. Reports, and Reports (Exhibit H) to prepare and submit Draft and Final Reports to the Grantor. Task 2) CEQA and Permits In September, 2016, the District, the lead agency, certified the mitigated negative declaration for the project and made the required lead agency CEQA findings. The Grantor made its required responsible agency findings and approved funding for the project on November 21, 2016. The lead agency has not yet approved the project or filed its notice of determination. No funds will be disbursed pursuant to this agreement until the District approves the project. The District shall submit verification of this approval by May 1st, 2018. American Rivers Prop1-2015-Y1-009 Exhibit A Page 3 of 11 The Grantee shall retain a consultant to assist the District in developing permit applications. Permits required for this project include: a Clean Water Act (Section 404) permit from the Army Corps of Engineers, a Lake or Streambed Alteration Agreement (Section 1600) from the California Department of Fish & Wildlife, a General Water Quality Certification for Small Habitat Restoration Projects (Section 401) permit from the State Water Resources Control Board, a Construction Activities (Storm Water General) permit from the State Water Resources Control Board, a Grading Permit from the city or county, a Floodway & Hydrological analysis from the Flood Control District, an Encroachment Permit from the East Bay Regional Park District. Task 3) Detail Design Task 3a – Subcontractor Selection. The Grantee or the District will select subcontractors for design development, Construction, Revegetation, and Trail Relocation. The Grantee and the District shall select subcontractors by a process that complies with the terms of this grant agreement and all applicable State and Federal regulations. Task 3b – 30% Conceptual Design. The Grantee shall work with the District and appropriate subcontractor to refine the previously completed initial conceptual design and develop it into a 35% Conceptual Design. Task 3c – 60% Conceptual Design. The Grantee shall work with the District and appropriate subcontractor to refine the 35% Conceptual Design from Task 3a and develop it into a 60% Conceptual Design. Task 3d – Detailed Planting Plan. The Grantee shall work with the Vegetation Subcontractor to develop a Planting Plan that will use best available science and management practices to dictate how the native vegetation will be installed along 4,000 linear feet of creek bank. The Planting Plan will specify the number and approximate location of plants per species, the form in which to install the plants, irrigation and/or management needs, and the installation schedule. All conservation practices will be implemented and management plans developed according to Natural Resources Conservation Service standards. Task 3e – Final Design. The Grantee shall work with the District and appropriate subcontractor to refine the 60% Conceptual Design from Task 3b and develop it, along with the planting plan from Task 3c, into a Final Design. Task 3f – Bid Package. The Grantee will prepare a bid package that will guide the award of subcontracts to qualified construction subcontractors to perform the required activities called for in the Final Design from Task 3d. The Grantee and the District shall select subcontractors by a process that complies with the terms of this grant agreement and all applicable State and Federal regulations. Task 4) Construction Task 4a – Widen 4,000 Linear Feet of Chanel and Construct 30-60ft Wide Floodplain Bench. The Grantee or District shall retain a construction contractor, selected according to the Bid Package from Task 3e, to widen 4,000 linear feet of channel and excavate a new floodplain bench. This floodplain bench will be between 30 and 60 feet in width. Construction will be completed and a report of all construction activities conducted, and deliverables completed, by the Grantee or subcontractors will be submitted to the Delta Conservancy Grant Manager as part of the following quarterly report. Task 4b - Grade and create new trail crossings. The Grantee or the District shall retain a construction contractor, selected according to the Bid Package from Task 3e, to grade creek banks and create sites for new trail crossings under where Central Blvd and Dainty Ave cross Marsh Creek. American Rivers Prop1-2015-Y1-009 Exhibit A Page 4 of 11 Task 5) Revegetation Task 5a – Revegetate 12.5 acres with Native Vegetation. The Grantee or the District shall retain a revegetation contractor, selected according to the Bid Package from Task 3e, to revegetate 12.5 acres with native vegetation including 300 15-gallon trees, 11,000 one- gallon plants, 2,000 five-gallon plants, and 30,000 square yards of native hydro-seed. Task 6) Public Outreach and Agency Coordination Task 6a – Public Presentations in Brentwood and Oakley. The Grantee shall hold three presentations about the project at public meetings in Brentwood and Oakley. Task 6b – Installation of Interpretive Signs. The Grantee shall install two interpretive signs along the creek. Signs will include acknowledgement in compliance with the acknowledgement section of this grant agreement. Task 7) Monitoring and Maintenance Task 7a – Annual Salmon Counts. The Grantee shall, in partnership with volunteers and staff of the Friends of Marsh Creek Watershed, conduct salmon spawner surveys based on protocols outlined in the California Department of Fish and Wildlife ‘California Salmonoid Stream Habitat Restoration Manual’. Salmon counts will take place after heavy rains between Oct 1st and Feb 28th in each funding year. Survey reports will be submitted to the Grantor Grant Manager as part of the following quarterly report. Task 7b – Seasonal Water Quality Sampling. The Grantee shall, in partnership with volunteers and staff of the Friends of Marsh Creek Watershed, conduct seasonal water quality sampling at five (5) locations along the creek where Friends of Marsh Creek Watershed staff and volunteers have historically collected such data. Sampling shall occur during spring and fall of each funding year. Water quality sampling parameters shall include dissolved oxygen, pH, temperature, turbidity, and conductivity. Results from these sampling efforts will be submitted to the Grantor Grant Manager as part of the following quarterly report. Task 7c – Vegetation Survival Monitoring and Maintenance. The Grantee shall oversee a subcontractor to conduct vegetation transects and photo monitoring every spring of the funding period, after the project is implemented, to monitor survival of plantings. Success criteria will be based on the percent survival and percent cover of plants. These percentages will be based on references sites along Marsh Creek and will consider flood conveyance requirements. If necessary, replacement plants will be installed to meet success criteria during the three years after initial project installation. Results from these monitoring and maintenance efforts will be submitted to the Grantor Grant Manager as part of the following quarterly report. Task 7d – Long-term Maintenance Agreement. The Grantee shall draft and circulate the Three Creeks Operation and Maintenance Manual (Manual) to the District, the City of Brentwood, and the East Bay Regional Park District. Editing and consultation on the Manual will continue until all parties agree to the terms and the Manual is finalized. The final Manual will be submitted to the Grantor Grant Manager as part of the final annual report. American Rivers Prop1-2015-Y1-009 Exhibit A Page 5 of 11 Schedule and List of Deliverables: Any conditions that must be met before a task can be undertaken or funded should be indicated in the Schedule and List of Deliverables table below. (e.g., no construction until Delta Plan consistency determined). Task Task Title Deliverables and Key Project Milestones Estimated Completion Dates Conditions 1 Grant Management, Administration and Reporting a. Land Tenure Agreement b. Delta Plan Consistency c. Quarterly Invoices d. Quarterly Progress Reports e. EcoAtlas Data Upload f. Annual Progress Reports g. Draft Final Report h. Final Report a. May 2017 b. Prior to disbursement of funds. c. Not more frequently than quarterly in arrears (see Exhibit B). d. Within thirty (30) days following each quarterly month following Agreement execution through final report deliverable. e. To be included with the first Quarterly Report. f. Within thirty (30) days following each annual cycle. g. Due thirty (30) days prior to funding end date h. Due thirty (30) days post funding end date a. Land Tenure Land tenure agreement required prior to disbursement of funds requested for Task 1. b. Covered Action This project is a covered action and Certification of Consistency with Delta Plan is required prior to disbursement of construction funds. 2 Permit Compliance as required a. Proof of Permit Compliance. a. Due two (2) weeks prior to bid solicitation a. If the lead agency does not approve the project and file their Notice of Determination with the state clearinghouse by May 1st, 2018, or if any lawsuits are brought against the lead agency, this Agreement will be rendered null and terminated. 3 Detailed design a. Subcontractor Selection b. 30% conceptual design c. 60% designs d. Detailed planting plan e. Final design f. Bid package a. Prior to work beginning b. Jan 2017 c. May 2017 d. June 2017 e. June 2017 f. June 2017 American Rivers Prop1-2015-Y1-009 Exhibit A Page 6 of 11 4 Construction a. Widen 4,000 linear feet of channel and construct 30-60 foot wide floodplain bench b. Grade and create new trail crossings a. August 2017 b. Sept 2017 Grantor will not issue construction funds until all permits have been demonstrated to be in place. 5 Revegetation a. Revegetate 12.5 acres with native vegetation a. Oct 2017 6 Public Outreach and Agency Coordination a. Public presentations in Brentwood and Oakley b. Installation of interpretive signs a. Oct 2018 b. Oct 2018 7 Monitoring and Maintenance a. Annual salmon counts b. Seasonal water quality sampling at five locations along the creek where FOMCW has historically collected data c. Three years of vegetation monitoring and maintenance to ensure survival of plantings and replacement of failed plantings d. Long-term maintenance agreement between the District, the City of Brentwood, and the East Bay Regional Park District, which maintains a trail through the site a. Winter 2017, 2018, and 2019 b. Spring 2017, fall 2017, spring 2018, fall 2018, spring 2019 c. Spring 2018, Spring 2019 d. May 2019 American Rivers Prop1-2015-Y1-009 Exhibit A Page 7 of 11 5. Performance Measure Tracking: Grantee will track performance in accordance with the Performance Measures Table below as approved in the grant proposal and revised with the input of the Conservancy. Objective Outcome Outputs Related Tasks Output Completion Dates 1. Increase area and frequency of inundated floodplain and native vegetation along the Marsh Creek flood control channel. A. Increase in the area and duration of inundation of the excavated area over starting baseline conditions. 1.1 Excavate and widen channel to create 4,000 linear feet of floodplain bench. 1.1 Task 4 1.1 August 2017 1.2 Reduce bank slope to 3:1 or greater. 1.2 Task 4 1.2 August 2017 2. Create habitat for multiple terrestrial species, including several species covered by the East Contra Costa Habitat Conservation Plan. A. Increase in the numbers of native plants observed on the project site compared with starting baseline conditions. 2.1 Improve floodplain habitat by installing native vegetation along 4,000 linear feet of Marsh Creek between Dainty Avenue and the Union Pacific Railroad. 2.1 Task 5 2.1 October 2017 B. Increase in the diversity and abundance of native avian, and plant species occurring on the project site as compared with starting baseline conditions. 2.2 Restore 12.5 acres, including 3.6 acres of frequently inundated floodplain (seasonal wetland), 5.2 acres of woody riparian vegetation, and 5.3 acres of grasslands and native scrub. 2.2 Task 5 2.2 October 2017 3. Improve water quality and create habitat for multiple aquatic species, including several species covered by the East Contra Costa Habitat Conservation Plan. A. Increase in the abundance of salmon and native aquatic macroinvertebrates occurring in Marsh Creek over starting baseline conditions. 3.1 Maintain water temperatures within established bounds. 3.1 Task 7 3.1 May 2019 3.2 Conduct annual salmon counts. 3.2 Task 7 3.2 May 2019 6. Monitoring and Assessment: Grantee will conduct monitoring consistent with Grant Guidelines and as provided and approved in the grant proposal unless or until a revised plan is reviewed and approved by the Grantor. An updated plan for monitoring and adaptive management is being developed by the Grantee in consultation with the Delta Stewardship Council as part of the Delta Plan consistency certification. Once finalized and approved by the Grantor, the updated plans will supersede the plan provided in the approved grant application. As described in Data Management section below, all monitoring data must be reported in the State centralized system. 7. Data Management: Wetland and riparian restoration project data shall be uploaded to EcoAtlas. As applicable, all other project data shall be uploaded to EcoAtlas. The first data upload shall include the creation of a project record and will be completed and reported on in the first Quarterly Report submitted to the Grantor Project Manager. Wetland and riparian monitoring data shall be uploaded to statewide data systems, as applicable, in a manner that is compatible and consistent with the Wetland and Riparian Area Monitoring Plan (WRAMP) framework. The project includes water quality monitoring data collection, which shall be collected and reported to the California Environmental Data Exchange Network (CEDEN). American Rivers Prop1-2015-Y1-009 Exhibit A Page 8 of 11 Monitoring data generated by this project will be collected and analyzed by consultants, written up into monitoring reports, distributed to all project partners including the Contra Costa Clean Water Program and the East Contra Costa Habitat Conservation Plan, and posted on the FOMCW website. All GIS shape files and associated data will be uploaded to Data Basin and EcoAtlas. 8. Land Tenure and Long Term Management and Maintenance: The State General Obligation Bond Law limits the use of bond funds to the construction, acquisition, and long-term improvement of capital assets that have an expected useful life of at least fifteen years (section 16727(a)). Before funding is dispersed, Grantee must provide the Grantor with land tenure documentation for the useful life of the project. The Grantee does not own the land on which the project is being implemented and must provide a Landowner Access Agreement signed by the Landowner and Grantee, approved by the Grantor, and recorded at the County Recorder’s Office in which the project is located. The Grantee is required to ensure that the project is maintained in conformance with the terms of this Grant Agreement for at least 15 years as required by the State General Obligation Bond Law, and in accordance with the Long Term Management and Maintenance plan described here: Long term management and maintenance of the project will be undertaken by the Contra Costa County Water Conservation & Flood Control District in perpetuity. The District is the owner of the property. The Landowner Access Agreement shall require the District to maintain the project in conformance with the Grant Agreement. 9. Adaptive Management: Grantee will develop and implement an Adaptive Management Plan consistent with Grant Guidelines and the Delta Stewardship Council’s Adaptive Management Framework, and as provided and approved in the grant proposal unless or until a revised plan is reviewed and approved by the Grantor. An updated plan for monitoring and adaptive management is being developed by the Grantee. Once finalized and approved by the Grantor, the updated plan will supersede the information provided in the approved application. 10. California Environmental Quality Act (CEQA): In September, 2016, the District, the lead agency, certified the mitigated negative declaration for the project, adopted the Mitigation, Monitoring and Reporting Program (MMRP), and made the required lead agency CEQA findings. The Delta Conservancy made its required responsible agency findings and approved the MMRP on November 21, 2016 (Resolution 2016-016). The grantee must report this compliance with the MMRP in writing as part of the Grantee’s quarterly, annual, and final reports to the Grantor as a responsible agency. 11. Other Regulatory Compliance: Grantee will ensure that all permits, licenses, and certifications necessary to implement the Project have been secured prior to construction. The Grantee is solely responsible for ensuring that the Project meets the terms of its environmental compliance. Grantor will not issue construction funds until all permits are in place. This project will require the following permits to be secured: U.S. Army Corps of Engineers Clean Water Act: Section 404 Permit (anticipated 1/1/2017), California Department of Fish and Wildlife lake or Streambed Alteration Agreement: Section 1600 (anticipated 1/1/2017), State Water Resources Control Board 401 General Water Quality Certification for Small Habitat Restoration Projects Permit (anticipated 1/1/2017), State Water Resources Control Board Construction Activities Storm Water General Permit (anticipated 1/1/2017), City/County Grading Permit (anticipated 1/1/2017), Flood Control District Floodway & Hydrological Analysis (anticipated 10/1/2016), and East Bay Regional Park District Encroachment Permit (anticipated 1/1/2017)(see attached Environmental Compliance Checklist). American Rivers Prop1-2015-Y1-009 Exhibit A Page 9 of 11 12. Delta Plan Consistency: This project is a covered action pursuant to the Delta Plan. The Grantor will not disburse Construction funds until the project is certified as consistent with the Delta Plan. The Delta Stewardship Council (Council) has been consulted, and a Covered Action Checklist has been completed (see attached Covered Action Checklist, Exhibit A, Attachment 2). The District, as the lead agency will file the certification of consistency in the Council’s online system. The certification filed with the Council must allow 30 days from filing the certification with no valid appeals in order to be consistent with the Delta Plan. (See Task 1b). 13. Plan for Signs: The Grantee shall include acknowledgement requirements which include the following disclosure statement in any document, written report, or brochure prepared in whole or in part pursuant to this Agreement (e.g. in posters, reports, publications, signs, presentation, websites, etc.): "Funding for this project has been provided in full or in part through an Agreement with the Sacramento-San Joaquin Delta Conservancy (Conservancy) pursuant to The Water Quality, Supply, and Infrastructure Improvement Act of 2014 (CWC §79707[g]). The contents of this document do not necessarily reflect the views and policies of the Conservancy, nor does mention of trade names or commercial products constitute endorsement or recommendation of use." Grantee shall include a provision that incorporates these requirements in each of its subcontracts for work under this Agreement. Grantee shall notify the Grantor at least ten (10) working days prior to any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by Grantor representatives. V. CONTACTS The Project Officials during the term of this Agreement are: Sacramento-San Joaquin Delta Conservancy Project Manager: American Rivers Project Manager: Name: Aaron N.K. Haiman, Environmental Scientist Address: 1450 Halyard Drive, Suite 6 West Sacramento, CA 95691 Phone: 916-376-4023 Email: aaron.haiman@deltaconservancy.ca.gov Name: John Cain, Conservation Director Address: 2150 Allston Way, Suite 320 Berkeley, CA 94704 Phone: 510-809-8010 x3 Email: jcain@amrivers.org Direct all administrative inquiries to: Sacramento-San Joaquin Delta Conservancy Grant Manager: American Rivers Chief Financial Officer: Name: Jessica O’Connor Address: 1450 Halyard Drive, Suite 6 West Sacramento, CA 95691 Phone: (916) 375-2090 Email: joconnor@deltaconservancy.ca.gov Name: Kristin May Address: 1101 14th St., NW, Suite 1400 Washington, DC 20005 Phone: 202-347-7550 Email: kmay@amrivers.org Either party may change the point of contact at any time by providing a ten (10) day advance written notice to the other party. American Rivers Prop1-2015-Y1-009 Exhibit A Page 10 of 11 VI. REPORTS 1. Report Schedule: The following reports are required to be submitted to the Grantor Project Manager in accordance with Exhibit A, Scope of Work and all other Exhibits of this Agreement and are due within thirty (30) days following the end of the calendar quarter: • 1st Quarter Progress Report January 1 - March 31 Due April 30 • 2nd Quarter Progress Report April 1 - June 30 Due July 30 • 3rd Quarter Progress Report July 1 - September 30 Due October 30 • 4th Quarter Progress Report October 1 - December 31 Due January 30 • Annual Report January 1 – December 31 Due January 30 • Draft Final Report Start date – Funding End Due 30 days prior to funding end date • Final Report Start date – Funding End Due 30 days post funding end date The Grantor reserves the right to require reports more frequently than on a quarterly basis if necessary, but no more than once a month. 2. Progress Reports: Grantee agrees to provide all technical and administrative services as needed for Agreement completion. Grantee agrees to monitor and review all work performed; and coordinate budgeting and scheduling to assure that the Agreement is completed within budget, on schedule, and in accordance with approved procedures, applicable laws, and regulations. a. The Grantee ensures that the Agreement requirements are met by submitting quarterly progress reports (Exhibit G) to the Grantor Project Manager. Reporting shall be required even if no grant related activities occurred during the reporting period. The Grantee shall document all activities and expenditures in progress reports, including work performed by contractors. b. The Quarterly Progress Report (Exhibit G) shall describe activities undertaken and accomplishments of each task during the quarter, milestones achieved, and will also include an evaluation of project performance that links to the project’s performance measures. The description of activities and accomplishments of each task shall be in sufficient detail to provide a basis for payment of invoices and shall be translated into percent of task work completed for the purpose of calculating invoice amounts. Photo-documentation and other measurements of progress will be included in the Quarterly Progress Reports as appropriate. Progress reports should directly address tasks, timelines, deliverables, and associated costs and cost share contributions as scheduled in Scope of Work (Exhibit A) and Budget Detail and Payment Provisions (Exhibit B and Exhibit B, Attachment 1, 2). c. The Quarterly Expenditure Projections (Exhibit G) shall reflect both actual and projected expenditures. The sum of all quarterly expenditure projections should equal that of approved Grant amount. d. Grantee must monitor and report project performance with respect to the stated benefits identified in the approved grant proposal, and as described in the Performance Measures Table above. The Performance Measures Table should: • Provide a framework for assessment and evaluation of project performance. • Identify measures that can be used to monitor progress towards achieving project goals and desired outcomes. • Provide a tool for grantees and grantor project managers to monitor and measure project progress and guide final project performance reporting that will fulfill the grant agreement requirements. • Provide information to help improve current and future projects. • Quantify the value of public expenditures to achieve environmental results. e. Grantee must document steps taken in soliciting and awarding the subcontractors and submit them to the Grantor for review and document all subcontractor activities in the Quarterly Progress Reports (Exhibit H). American Rivers Prop1-2015-Y1-009 Exhibit A Page 11 of 11 3. Annual Report: At the end of each calendar year of the funding term of agreement, the Grantee shall submit an Annual Report. This Annual Report will serve as a supplement to the 4th Quarter Report and will include information on progress accomplished during that calendar year, findings, conclusions, and plans for the next calendar year. A template of the Annual Report is provided in Reports (Exhibit G). The Grantee shall submit the completed Annual Report with the 4th Quarter Report within thirty (30) days following the end date of the calendar year. 4. Draft and Final Report: At the end of the funding term of agreement, the Grantee must submit a Draft Final Report to the Grantor Project Manager for review and approval within 30 days prior to the funding end date. The Draft Final Report shall summarize the life of the Grant Agreement and describe the results of the work and of the Project, including findings, conclusions, and recommendations for follow up, ongoing or future activities, accomplishments, and before and after pictures, as appropriate. Following any comments from the Grantor Project Manager, the Grantee shall submit the revised Final Report for review and approval within 30 days after the funding end date. a. At the end of the funding term of this agreement and prior to final payment, the Grantee Project Representative shall include with final invoice Exhibit H, Grantee’s Release to the Grantor. b. Grantee agrees that property and facilities acquired or developed pursuant to this Agreement shall be available for inspection upon request by the Grantor. American Rivers Prop1-2015-Y1-009 Exhibit A, Attachment 1 Page 1 of 2 EXHIBIT A, ATTACHMENT 1 PROJECT MAP American Rivers Prop1-2015-Y1-009 Exhibit A, Attachment 1 Page 2 of 2 American Rivers Prop1-2015-Y1-009 Exhibit A, Attachment 2 Page 1 of 3 EXHIBIT A, ATTACHMENT 2 Covered Actions Checklist American Rivers Prop1-2015-Y1-009 Exhibit A, Attachment 2 Page 2 of 3 American Rivers Prop1-2015-Y1-009 Exhibit A, Attachment 2 Page 3 of 3 American Rivers Prop1-2015-Y1-009 Exhibit B Page 1 of 4 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS I. BUDGET DETAIL The Grantee agrees to perform and complete the work described in Exhibit A, Scope of Work within the budget specified below for a total budget not to exceed $836,409. $ 167,282 for the fiscal year (FY 2016-17). $ 585,486 for the fiscal year (FY 2017-18). $ 83,641 for the fiscal year (FY 2018-19). II. BUDGET MODIFICATIONS 1. Changes to the line-item budget within a specific task may be made without formal amendment (not to exceed 10% and no more than $5,000 of line-item) provided the change does not exceed the total amount of the agreement. The Grantee must adequately document the need for the change and all of the following requirements must be met: a. The Grantee submits a written request for budget modification and explains the need for change(s) and specifically identifies item(s) to be reduced or increased. b. The Grantor Project Manager approves such changes in writing prior to implementation. The Grantor shall have thirty (30) calendar days from receipt of the request to approve or deny the request for the exchange of funds between line items. 2. Any budget change not meeting the above conditions, including the addition of the new line items, shall be by formal agreement amendment. 3. Any budget modifications must meet requirements of Grant Guidelines for FY2015-16. III. INVOICE AND PAYMENT 1. For tasks satisfactorily rendered, in accordance with the all Exhibits, terms and conditions of this Grant agreement; and upon receipt and approval of itemized invoice(s), and including any required progress reports or other mandatory documentation identified within this Agreement, the Grantor agrees to reimburse Grantee for actual expenditures of the tasks, no more frequently than quarterly in arrears, in accordance with the rates specified in Budget Summary (Exhibit B, Attachment 1). 2. The Grantor will only reimburse for expenses incurred through the funding end date of the agreement and will not accept an invoice for work that has not been approved and will return the invoice as disputed to the Grantee. 3. Each quarterly invoice submitted for payment must be accompanied by a Progress Report including a written description, not to exceed two pages in length; of the Grantee’s performance under this grant since the time the previous such report was prepared. The report shall describe the types of activities and specific accomplishments during the period for which the payment is being made rather than merely listing the number of hours worked during the reporting period. If there is cost shares involved with the project, the final invoice must include a budget summary of cost share expenditures by fund source. 4. Invoices shall be submitted not more frequently than quarterly in arrears and will only be approved for payment after Grantor’s Project Manager has reviewed the progress reports submitted by the Grantee and determines that the work is completed or that the progress of tasks completed is satisfactory for payment. A sample invoice is provided in Exhibit B, Attachment 2 and may be submitted electronically to the Grantor Project Manager or by mail to Admin Accounting, but not both. Invoices received electronically will be printed and date stamped with the date the Grantor Admin unit receives the invoice. Invoices submitted by American Rivers Prop1-2015-Y1-009 Exhibit B Page 2 of 4 mail shall include one (1) original invoice to the address below: Sacramento-San Joaquin Delta Conservancy Attention: Admin Accounting 1450 Halyard Drive, Suite 6 West Sacramento, CA 95691 Invoices must include at the minimum the following information: • Grant agreement number • Invoice number • Invoice date • Performance service period (i.e., include terms “from” and to”) • Description of the work performed for the service period (included in progress report) • Itemized cost and percent breakdown by Task and Deliverable and Outcome at the same or greater level of detail as indicated in this agreement • Original receipts and supporting documentation of actual out-of-pocket expenses • 100% time accounting timesheets for each person billing to the grant • Subcontractor invoices for any subcontractor expenses being billed to the grant • Total amount being billed for the service period, on or before the funding end date of the agreement • Grantee's signature signed by an authorized official certifying that the expenditures claimed represent actual expenses for the tasks performed under this agreement. In addition, if travel is a reimbursable expense, original receipts must be maintained to support the claim expenditures and attached to the invoice: • Include travel expense amount in the total amount of invoice • Reimbursement rates for travel shall not exceed the amounts identified and according to CalHR current state rates, see http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx • No travel outside the State of California by Grantee shall be reimbursed unless there is prior written authorization obtained from the Grantor. 5. Invoices submitted for payment must be within 30 days following the end of the calendar quarter in which the work was performed and costs incurred in the performance of the Agreement, unless the agreement has reached the funding end date, termination date, or alternate deadline is agreed to in writing by the Grantor Project Manager (see item VI. “Timely Submission of Final Invoice”). Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government Code Section 917 et seq. Unless expressly exempted by statute, the Act requires state agencies to pay properly submitted, undisputed invoices not more than 45 days after (a) the date of the acceptance of performance of services; or (b) receipt of an undisputed invoice – whichever is later. 6. Invoices shall be paid based on actual expenses incurred and shall not exceed the total amount of this agreement. In the event actual expenditures differ from the estimated amounts of the budget, the Grantee's Project Representative and the Grantor’s Project Manager may re-negotiate specific line-item adjustments provided the overall total project cost does not exceed the total agreement value (see item VIII. “Budget Modifications”). Costs and/or expenses deemed unallowable are subject to recovery by the Grantor (see item IX. “Recovery of Overpayments”). IV. ADMINISTRATIVE COSTS 1. Eligible Costs: Only project costs for items within the scope of the project and invoiced within the time frame of the funding end date of the agreement are eligible for reimbursement. Costs related to project- American Rivers Prop1-2015-Y1-009 Exhibit B Page 3 of 4 specific performance measures and reporting are required to be addressed in the project budget. Eligible administrative costs must be directly related to the project and may not exceed five (5) percent of the project implementation cost. To determine the amount of eligible administrative costs, the Grantee must first determine the cost of implementing the project, not including any administrative costs. Once the project implementation cost has been determined, the Grantee may calculate administrative costs and include them in the total grant request. Similar to the traditional definition of “overhead” and “indirect”, administrative costs must be reasonable, allocable, and applicable and may include administrative support, office-related expenses, and personnel. 2.Ineligible Costs: Grant funding may not be used to establish or increase a legal defense fund or endowment, make a monetary donation to other organizations, pay for food or refreshments, or eminent domain processes. V. STATE BUDGET CONTINGENCY CLAUSE 1.It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this agreement does not appropriate sufficient funds for the program, this agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this agreement and Grantee shall not be obligated to perform any provisions of this agreement. 2.If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this agreement with no liability occurring to the State, or offer an agreement amendment to Grantee to reflect the reduced amount. 3.If funding for any fiscal year is not obligated by the funder, the State shall have the option to either cancel this agreement with no liability occurring to the State, or offer an agreement amendment to the Grantee to reflect the reduced amount. VI.PROMPT PAYMENT CLAUSE 1.Payment will be made in accordance with, and within the time specified in, Government Code, Chapter 4.5, commencing with Section 927. An incomplete/disputed invoice will be returned to Grantee per Government Code, Chapter 4.5, Section 927.6. Time specified for prompt payment in Government Code, Chapter 4.5, Section 927.4 commences upon submittal of a completed/undisputed invoice. VII.TIMELY SUBMISSION OF FINAL INVOICE 1.A final undisputed invoice shall be submitted for payment no more than ninety (90) calendar days following the funding end date of this agreement, unless the Grantor Project Manager agrees to a later or alternate deadline in writing. The final invoice must be clearly marked “FINAL INVOICE” and “Exhibit H, Grantee’s Release” must be attached, thus indicating that all payment obligations of the State under this Agreement have ceased and that no further payments are due or outstanding. 2.The State may, at its discretion, choose not to honor any delinquent final invoice if the Grantee fails to obtain prior written State approval of an alternate final invoice submission deadline. Written State approval shall be sought from the Grantor Project Manager prior to the funding end date or termination date of this agreement. VIII.REVIEWS 1.Each party reserves the right to review service levels and billing procedures such as timesheets or other supporting documentation as these impact charges against this agreement. American Rivers Prop1-2015-Y1-009 Exhibit B Page 4 of 4 IX. RECOVERY OF OVERPAYMENT 1. Grantee agrees that claims based upon the grant agreement audit finding and/or audit finding that is appealed and upheld, will be recovered by the State government by one of the following options: a. Grantee’s remittance to the State of the full amount of the audit exception within 30 days following the State’s request for repayment; or b. A repayment schedule, which is agreeable in writing to both the Grantor and the Grantee. 2. The State reserves the right to select which option will be enforced and the Grantee will be notified by the State in writing of the claim option to be utilized. 3. If the Grantee has filed a valid appeal regarding the report of audit findings, recovery of the overpayments will be deferred until a final administrative decision on the appeal has been reached. American Rivers Prop1-2015-Y1-009 Exhibit B, Attachment 2 Page 1 of 2 I. EXPENDITURE SUMMARY 1. Line Item Budget Detail Level of Staff Hours Rate Staff Benefits % Total Cost Conservation Senior Director 210 $ 53.71 40% $ 15,792.00 Conservation Associate Director 200 $ 29.42 40% $ 8,240.00 Conservation Director 189 $ 39.23 40% $ 10,382.00 Project Coordinator 150 $ 21.43 40% $ 4,502.00 Technical Editor 115 $ 28.39 40% $ 4,573.00 $ 43,489.00 Items (units)Number of Units Total Cost General Expenses 1 $ 4,779.00 Permit Fees 1 $ 1,800.00 Travel - Mileage for 12 trips of 100 miles each (roundtrip) from Berkeley to the project site 1200 $ 648.00 Travel - per diem 24 $ 1,536.00 $ 8,763.00 Total Cost $70,994.00 $205,391.00 $30,000.00 $385,000.00 $62,639.00 $754,024.00 $0.00 $ 43,489.00 $ 8,763.00 $ 754,024.00 $ - $ 806,276.00 $ 2,174.00 $ 438.00 $ 27,521.00 $ 30,133.00 $ 836,409.00 Subtotal Operating Expenses: (General) C. OPERATING EXPENSES: (SUBCONTRACTORS) Subcontractor Title Subtotal Operating Expenses: (Subcontractors) Three Creeks Parkway Restoration Project A. PERSONNEL SERVICES Subtotal Personnel Services: B. OPERATING EXPENSES: (GENERAL) Cost per Unit D. OPERATING EXPENSES: (EQUIPMENT) See General Grant Provisions for definitions of electronic and purchased equipment. Subtotal Operating Expenses: (Equipment) E. TOTAL DIRECT COSTS SUBTOTAL A. Personnel Services EXHIBIT B, ATTACHMENT 1 BUDGET SUMMARY Indirect Cost B. Operating Expenses (General) Indirect Cost C. Operating Expenses (Subcontractors) TOTAL INDIRECT COSTS: G. GRAND TOTAL (E + F) SUBTOTAL B. Operating Expenses: (General) SUBTOTAL C. Operating Expenses: (Subcontractors) SUBTOTAL D. Operating Expenses: (Equipment) TOTAL DIRECT COSTS: F. INDIRECT COSTS Indirect Cost A. Personnel Services $ 4,779.02 $ 1,800.00 $ 0.54 $ 64.00 Restoration Parkway Design, Consultant Excavation and Grading, Contractor Trail Relocation, Contractor Native Plant Revegetation, Contractor Contingency American Rivers Prop1-2015-Y1-009 Exhibit B, Attachment 2 Page 2 of 2 2. Table of Funding Sources and Cost Share Source of Funds - Non-State In-Kind Total Applicant $0.00 $ - Contra Costa County Water Conservation & Flood Control District $725,405.00 $ 1,450,905.00 Subtotal 1 $725,405.00 1,450,905.00$ Source of Funds – State Grantor In-Kind Total Sacramento-San Joaquin Delta Conservancy $ 836,409.00 Subtotal 2 836,409.00$ Source of Funds – Other State In-Kind Total DWR Urban Stream Restoration Grant $0.00 $ 150,140.00 $ - Subtotal 3 $0.00 $ 150,140.00 Totals 725,405.00$ 1,450,905.00$ Tasks Cost Share Total Task 1: Project Grant Management, Administration, and Reporting $ 41,570.00 $ 67,941.00 Task 2: CEQA and Permits $ 190,443.00 $ 190,443.00 Task 3: Detained Design $ 466,068.00 $ 551,053.00 Task 4: Construction $ 2,598,170.00 $ 2,908,950.00 Task 5: Revegetation $ 180,000.00 $ 569,250.00 Task 6: Public Outreach and Agency Coordination $ 62,402.00 $ 69,210.00 Task 7: Monitoring and Mantenance $ 279,606.00 $ 297,820.00 TOTAL $ 3,818,259.00 $ 4,654,667.00 $ 836,409.00 $ 150,140.00 Cash Three Creeks Parkway Restoration Project $ 725,500.00 $ - 725,500.00$ Cash $ 26,371.00 $ - $ 389,250.00 $ 6,808.00 Cash 725,500.00$ $ 18,214.00 $ 836,408.00 Budget Breakdown by Task Note: Any changes or modifications to a fund source indicated above must be promptly reported to the Grantor Project Manager. Projects with undisclosed fund sources may be subject to an audit. $ 84,985.00 $ 310,780.00 Conservancy American Rivers Prop1-2015-Y1-009 Exhibit B, Attachment 2 Page 1 of 1 Grantee Organization Address City/State/Zip Code Project Title:Invoice #: Grant Number: (2015-16-xxxP1)Invoice Date: Performance Service Period Dates: (From/To) __$__________________________________________ Total Amount of this Invoice __________________________________________________ Grantee Authorized Approval Project Manager Staff 2 Staff 3 Staff 4 Staff 5 1. Personnel Services 2. Operation Expenses: General 3. Operating Expenses: Subcontrator 4. Operating Expenses: Equipment 5. Indirect Costs Task Totals Task Totals to Date Prop 1 Budget Prop 1 Balance Available % of Prop 1 Budget Spent Projected Prop 1 Budget for Next Quarter Match Dollars Spent During This Reporting Period Match Budget Match Balance Available % of Match Budget Spent Projected Match Budget for Next Quarter Source of Match Dollars STAFF BENEFITS (%): 1.1 0.00 $0.00 $0.00 0.00 $0.00 #DIV/0!#DIV/0! 1.2 0.00 $0.00 $0.00 0.00 $0.00 #DIV/0!#DIV/0! 2.1 0.00 $0.00 $0.00 0.00 $0.00 #DIV/0!#DIV/0! 2.2 0.00 $0.00 $0.00 0.00 $0.00 #DIV/0!#DIV/0! 3.1 0.00 $0.00 $0.00 0.00 $0.00 #DIV/0!#DIV/0! 3.2 0.00 $0.00 $0.00 0.00 $0.00 #DIV/0!#DIV/0! 0.00 $0.00 $0.00 0.00 $0.00 #DIV/0!#DIV/0! 0.00 $0.00 $0.00 0.00 $0.00 #DIV/0!#DIV/0! 0.00 $0.00 $0.00 0.00 $0.00 #DIV/0!#DIV/0!. 0.00 $0.00 $0.00 0.00 $0.00 #DIV/0!#DIV/0! 0.00 $0.00 $0.00 0.00 $0.00 #DIV/0!#DIV/0! 0.00 $0.00 $0.00 0.00 $0.00 #DIV/0!#DIV/0! 0.00 $0.00 $0.00 0.00 $0.00 #DIV/0!#DIV/0! 0.00 $0.00 $0.00 0.00 $0.00 #DIV/0!#DIV/0! 0.00 $0.00 $0.00 0.00 $0.00 #DIV/0!#DIV/0! 0.00 $0.00 $0.00 0.00 $0.00 #DIV/0!#DIV/0! 0.00 $0.00 $0.00 0.00 $0.00 #DIV/0!#DIV/0! 0.00 $0.00 $0.00 0.00 $0.00 #DIV/0!#DIV/0! 0.00 0.00 0.00 0.00 0.00 INVOICE TOTAL $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Project STATUS TO Date (By Task) Note: Invoices shall be submitted with original receipts and supporting documentation of expenses not more frequently than quarterly in arrears. Submit to: Sacramento-San Joaquin Delta Conservancy Attention: Grant Manager 1450 Halyard Drive, Suite 6 West Sacramento, CA 95691 Itemized Cost: (All tasks should exactly match those identified in the Scope of Work and Budget. Budget should be broken out into Sections: 1. Personnel Services; 2. Operation Expenses: General; 3. Operating Expenses: Subcontractors; 4. Operating Expenses: Equipment; 5. Indirect Costs. (As applicable) EXHIBIT B, ATTACHMENT 2 Sample Invoice Total hours ExpensesLabor Task 9: Description PERSONNEL HOURLY RATES: Task 1. Task 2: Task 3: (This is an example only; Grantee is only required to submit the information as described in Exhibit B, Attachment 1 on Grantee's letterhead) This should be a cummulative overview of the activities performed to date by task, deliverable and outcome and include both current and past information for each task. Please list all new information at the top of each task section so that it is clear which information is the most recent. Task 4: Task 8: Task 7: Task 6: Task 5: American Rivers Prop1-2015-Y1-009 Exhibit C Page 1 of 3 EXHIBIT C GENERAL TERMS AND CONDITIONS I. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Grantor. Grantee may not commence performance until such approval has been obtained. II. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. III. ASSIGNMENT: This Agreement is not assignable by the Grantee, either in whole or in part, without the consent of the State in the form of a formal written amendment. IV. AUDIT: Grantee agrees that the awarding department, the Department of General Services, the Department of Finance, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Grantee agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896). V. INDEMNIFICATION: Grantee agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all Grantees, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Grantee in the performance of this Agreement. VI. DISPUTES: Grantee shall continue with the responsibilities under this Agreement during any dispute. VII. TERMINATION FOR CAUSE: The Grantor may terminate this Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Agreement at the time and in the manner herein provided. If the Grantee fails to complete the project on time in accordance with this Agreement prior to the termination date or in accordance with the Scope of Work, the Grantee shall be liable for immediate repayment to the Grantor of all amounts disbursed by the Grantor under this Agreement, plus accrued interest. The Grantor may, in its sole discretion, consider extenuating circumstances and not require repayment for work partially completed. This paragraph shall not be deemed to limit any other remedies the Grantor may have for breath of this Agreement. VIII. INDEPENDENT GRANTEE: Grantee, and the agents and employees of Grantee, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State. IX. RECYCLING CERTIFICATION: The Grantee shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205). X. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Grantee and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or American Rivers Prop1-2015-Y1-009 Exhibit C Page 2 of 3 applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Grantee and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Grantee and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. XI. LICENSES AND PERMITS (If Applicable): The Grantee is responsible for obtaining all licenses and permits required by law for accomplishing any work required in connection with this Agreement. Costs associated with permitting may be reimbursed under this Grant Agreement only if approved in the budget detail and pay provisions area. XII. CERTIFICATION CLAUSES: The Grantee Certification Clauses contained in the document are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto. XIII. TIMELINESS: Time is of the essence in this Agreement. XIV. COMPENSATION: The consideration to be paid Grantee, as provided herein, shall be compensation for all reasonable and eligible expenses incurred by Grantee in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided. XV. GOVERNING LAW: This Grant is governed by and shall be interpreted in accordance with the laws of the State of California. XVI. VENUE: All proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder shall be held in Sacramento County, California. The parties hereby waive any right to any other venue. XVII. ANTITRUST CLAIMS: The Grantee by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Grantee shall comply with the requirements of the Government Codes Sections set out below. a. The Government Code Chapter on Antitrust claims contains the following definitions: 1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section American Rivers Prop1-2015-Y1-009 Exhibit C Page 3 of 3 4552. c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. XVIII.CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that: a. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. XIX.UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. XX.PRIORITY HIRING CONSIDERATIONS: If this Grant includes services in excess of $200,000, the Grantee shall give priority consideration in filling vacancies in positions funded by the Grant to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353. XXI.SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS: a. If for this Grant Agreement Grantee made a commitment to achieve small business participation, then Grantee must within 60 days of receiving final payment under this Agreement (or within such other time period as may be specified elsewhere in this Agreement) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.) b. If for this Agreement Grantee made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Grantee must within 60 days of receiving final payment under this Agreement (or within such other time period as may be specified elsewhere in this Agreement) certify in a report to the awarding department: (1) the total amount the prime Grantee received under the Agreement; (2) the name and address of the DVBE(s) that participated in the performance of the Agreement; (3) the amount each DVBE received from the prime Grantee; (4) that all payments under the Agreement have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.) XXII.LOSS LEADER: If this Agreement involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).) American Rivers Prop1-2015-Y1-009 Exhibit D Page 1 of 3 EXHIBIT D SPECIAL TERMS AND CONDITIONS I. EXCISE TAX: The State of California is exempt from Federal Excise Taxes, and no payment will be made for any taxes levied on employees' wages. II. DISPUTE RESOLUTION: Any claim that the Grantee may have regarding the performance of this Agreement including, but not limited to, claims for additional compensation or extension of time, shall be submitted to the Grant Manager in writing within ten (10) days of discovery of the problem. The Grantee and the Grantor Executive Officer or Executive Officer’s designee will then attempt to negotiate a resolution of the claim, if appropriate, and process an amendment to this Agreement to implement the terms of any such resolution. If the Grantee and the Grantor are unable to resolve the dispute, the decision of the Executive Officer or Executive Officer’s designee will be final, unless appealed to a court of competent jurisdiction. Grantee will continue with the responsibilities under this Agreement during any dispute. In the event of a dispute, the language contained within this Agreement will prevail over any other language. III. ACKNOWLEDGMENT OF CREDIT: The Grantee will include appropriate acknowledgment of credit to the State of California, Grantor, and all cost-sharing partners for their financial support when using any data and/or information developed under this Agreement. IV. STANDARD OF PROFESSIONALISM: The Grantee will conduct all work consistent with the professional standards of the industry and type of work being performed under the Agreement. V. TERMINATION WITHOUT CAUSE: The Grantor may terminate this Agreement without cause upon thirty (30) days advance written notice. The Grantee will be reimbursed for all reasonable expenses incurred up to the date of termination. VI. COMPUTER SOFTWARE: If software usage is an essential element of performance under this Agreement, the Grantee certifies that it has appropriate systems and controls in place to ensure that Grantor funds will not be used in the performance of this Agreement. Acquisition, operation, or maintenance of computer software during the term of this Agreement must be performed in accordance with all applicable laws and vendor license agreements. Grantee will provide all necessary business productivity or utility software in addition to any required computer equipment, peripherals and proprietary or specialty software when performing services at Grantor location. VII. RIGHTS IN DATA: The Grantor will retain rights to all final products produced as a result of this agreement. The Grantee will provide the Grantor with an electronic or camera-ready version of the final product. Grantee will have full rights to reproducing the product(s) as long as used for government and not commercial, purposes. The Grantor has the right to: (1) obtain, reproduce, publish, or otherwise use the data first produced in performing this grant; and (2) authorize others to receive, reproduce, publish, or otherwise use such data by or on behalf of the Grantor. VIII. COPYRIGHT: All rights in copyright works created by Grantee in the performance of work under this Agreement are the property of the Grantor. The Grantor will extend Grantee a royalty-free, nonexclusive, non-transferable, irrevocable license to reproduce, prepare derivative works, and distribute copies of deliverables so long as such deliverables are used for government, and not commercial purposes. IX. INTELLECTUAL PROPERTY INDEMNITY: Grantee will defend and indemnify Grantor from and against any claim, lawsuit, or other proceeding, loss, cost, liability, or expense (including court costs and reasonable fees for attorneys and other professionals) to the extent arising out of any third party claim solely arising out of the negligent or other tortious acts or omissions by the Grantee, its American Rivers Prop1-2015-Y1-009 Exhibit D Page 2 of 3 employees, or agents, in connection with intellectual property claims against either deliverables or the Grantee's performance thereof under this Agreement. X. POTENTIAL SUBCONTRACTORS: Nothing contained in this Agreement or otherwise shall create any contractual relation between the State and any subcontractor, and no subcontract shall relieve the Grantee of its responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the State for the acts and omissions of its subcontractor and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its subcontractors is an independent obligation from the State's obligation to make payments to the Grantee. As a result, the State shall have no obligation to pay or enforce the payment of any moneys to any subcontractor. XI. SUBCONTRACTING: The Grantee is responsible for any work it subcontracts. Subcontracts must include all applicable terms and conditions of this Agreement. Any subcontractor, outside associates, or consultants required by the Grantee in connection with the services covered by this Agreement shall be limited to such individuals or firms as were specifically identified in the bid or agreed to during negotiations for this Agreement, or as are specifically authorized by the Grantor Project Manager during the performance of this Agreement. Any substitutions in, or additions to, such subcontractors, associates or consultants shall be subject to the prior written approval of the Grantor Project Manager. Grantee warrants, represents and agrees that it and its subcontractors, employees and representatives shall at all times comply with all applicable laws, codes, rules and regulations in the performance of this Agreement. Should State determine that the work performed by a subcontractor is substantially unsatisfactory and is not in substantial accordance with the Agreement terms and conditions, or that the subcontractor is substantially delaying or disrupting the process of work, State may request substitution of the subcontractor. XII. LABOR CODE COMPLIANCE: Grants awarded through the Conservancy’s Ecosystem Restoration and Water Quality Grant Program may be subject to prevailing wage provisions of Part 7 of Division 2 of the California Labor Code (CLC), commencing with Section 1720. Typically, the types of projects that are subject to the prevailing wage requirements are public works projects. Existing law defines "public works" as, among other things, construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds. Assembly Bill 2690 (Hancock, Chapter 330, Statutes of 2004) amended California Labor Code (CLC) Section 1720.4 to exclude most work performed by volunteers from the prevailing wage requirements until January 1, 2017. The grantee shall pay prevailing wage to all persons employed in the performance of any part of the project if required by law to do so. Any questions of interpretation regarding the CLC should be directed to the Director of the Department of Industrial Relations (DIR), the state department having jurisdiction in these matters. For more details, please refer to the DIR website at http://www.dir.ca.gov. XIII. FORCE MAJEURE: Neither party will be liable to the other for any delay in or failure of performance, nor will any such delay in or failure of performance constitute a default, if such delay or failure is caused by "Force Majeure." As used in this section, "Force Majeure" is defined as follows: Acts of war and acts of nature such as earthquakes, floods, and other natural disasters such that performance is impossible. XIV. AGENCY LIABILITY: The Grantee warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Grantee for the purpose of securing business. For breach or violation of this warranty, the Grantor will, in addition to other remedies provided by law, have the right to annul this Agreement without liability, paying only American Rivers Prop1-2015-Y1-009 Exhibit D Page 3 of 3 for the value of the work actually performed, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. XV. RENEWAL OF GRANTEE CERTIFICATION CLAUSES: Grantee will renew the Grantee Certification Clauses or successor documents every year or as changes occur, whichever occurs sooner. XVII. INSURANCE REQUIREMENTS: When Grantee submits a signed Agreement to the State, Grantee shall furnish to the State a certificate of insurance, stating that there is liability insurance presently in effect for the Grantee of not less than $1,000,000 per occurrence for bodily injury and property damage liability combined. The certificate of insurance will include provisions a, b, and c, in their entirety: a. That the insurer will not cancel the insured’s coverage without 30 days prior written notice to the State. b. That the State of California, its officers, agents, employees, and servants are included as additional insured, but only insofar as the operations under this Agreement are concerned. c. That the State will not be responsible for any premiums or assessment on the policy. Grantee agrees that the bodily injury liability insurance herein provided for shall be in effect at all times during the term of this Agreement from the effective start date through the grant end date. In the event said insurance coverage expires at any time or times during the term of this Agreement, Grantee agrees to provide at least 30 days prior to said expiration date, a new certificate of insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of the Agreement, or for a period of not less than one year. New certificates of insurance are subject to the approval of the Department of General Services, and Grantee agrees that no work or services shall be performed prior to the giving of such approval. In the event the Grantee fails to keep in effect at all times insurance coverage as herein provided, the State may, in addition to any other remedies it may have, terminate this Agreement upon occurrence of such event. The Department will not provide for nor compensate Grantee for any insurance premiums or costs for any type or amount of insurance. SITE VISITS: Grantor staff, or its authorized representatives, has the right, at all reasonable times, to make site visits to review project accomplishments and management control systems and to provide such technical assistance as may be required. If any site visit is made by Grantor on the premises of the Grantee or a subcontractor under an award, the Grantee shall provide and shall require subcontractors to provide all reasonable facilities and assistance for the safety and convenience of the Grantor staff or authorized representatives in the performance of their duties. American Rivers Prop1-2015-Y1-009 Exhibit E Page 1 of 2 EXHIBIT E PROTECTION OF CONFIDENTIAL AND SENSITIVE INFORMATION I. For purposes of this Exhibit, “Grantee” means any Grantee or researcher, including a Non-State Entity Grantee or researcher, receiving funds from, doing business with, conducting research for, or performing services for the Grantor pursuant to an Agreement, purchase order, research agreement, grant or loan agreement, joint powers agreement, public works Agreement, or other contractual vehicle (collectively “Agreement”). The term “Grantee” also includes Grantee’s officers and employees and Affiliates. For purposes of this Exhibit, the term “Affiliate” means a person or entity forming a partnership, joint venture, subcontract, sales Agreement, or other legal relationship with Grantee to carry out the terms of the Agreement. II. This Exhibit terms shall apply to all Grantees who have an Agreement with the Grantor and require or permit access to Confidential or Sensitive Information in conducting business with the Grantor performing duties under an Agreement with the Grantor. III. Grantee shall impose all the requirements of this Exhibit on all of its officers, employees and Affiliates with access to Confidential and/or Sensitive Information. IV. For purposes of this Exhibit, “Non-State Entity” shall mean a business, organization or individual that is not a State entity, but requires access to State information assets in conducting business with the State. This definition includes, but is not limited to, researchers, vendors, consultants, and their subcontractors, officers, employees, and entities associated with federal and local governments and other states. V. For purposes of this Exhibit, “Confidential Information” means information, the disclosure of which is restricted or prohibited by any provision of State or federal law or which is treated as privileged or confidential under such laws. Such Confidential Information includes, but is not limited to, information that is exempt from disclosure under the California Public Records Act (Government Code sections 6250-6255), public social services client information described in California Welfare and Institutions code section 10850, and “personal information” about individuals as defined in California Civil Code Section 1798.3 of the Information Practices Act (IPA) if the disclosure of the “personal information” is not otherwise allowed by the IPA. Such Confidential Information may also include financial, statistical, personal, technical, and other data and information relating to operation of the Department. VI. For purposes of this Exhibit, “Sensitive Information” means information that requires special precautions to protect it from unauthorized modification or deletion. Sensitive information may be either public records or Confidential Information. Examples include statistical reports, financial reports, and logon procedures. VII. Grantee shall take all necessary measures to protect Confidential or Sensitive Information to which it or its Affiliates gain access from unauthorized access (accidental or intentional), modification, destruction, or disclosure. These measures may include, but are not limited to: password protection of electronic data, encrypted transmission of electronic data, and secure mailing and locked storage of paper and taped copies. Such measures may also include establishment of secure workstations and maintenance of a secure workstation access log. Grantee’s shall also apply appropriate security patches and upgrades and keep virus software up-to-date on all systems on which Confidential or Sensitive Information may be used. VIII. Grantee shall ensure that all media, including electronic media, containing Confidential or Sensitive Information, to which they are given access are protected at the level of the most confidential or sensitive piece of data on the media. American Rivers Prop1-2015-Y1-009 Exhibit E Page 2 of 2 IX.Grantee and Affiliate personnel allowed access to Confidential and Sensitive Information shall be limited to those persons with a demonstrable business need for such access. Grantee shall maintain a current listing of all Grantee and Affiliate personnel with access to Confidential and Sensitive Information. X. Grantee shall notify Grantor promptly if a security breach involving Confidential or Sensitive Information occurs or if Grantee becomes legally compelled to disclose any Confidential Information. XI.Grantee shall comply with all State policies and laws regarding use of information resources and data, including, but not limited to, California Government Code section 11019.9 and Civil Code sections 1798 et seq. regarding the collection, maintenance and disclosure of personal and confidential information about individuals. XII.If Grantee obtains access to Confidential Information containing personal identifiers, such as name, social security number, address, date of birth, race/ethnicity and gender of individuals, Grantee shall substitute non-personal identifiers as soon as possible. XIII.All data, reports, information, inventions, improvements and discoveries used, compiled, developed, processed, stored or created by Grantee or Grantee’s Affiliates using Confidential and/or Sensitive Information shall be treated as Confidential and/or Sensitive Information by the Grantee and Grantee’s Affiliates. No such data, reports, information, inventions, improvements or discoveries shall be released, published or made available to any person (except to the Grantor) without prior written approval from the Grantor. XIV.At or before the termination date of the Agreement, Grantee shall either (a) destroy all Confidential and Sensitive Information in accordance with approved methods of confidential destruction; or (b) return all Confidential and Sensitive Information to the Grantor; or (c) if required by law to retain such information beyond the termination date of the agreement, provide for the Grantor’s review and approval a written description of (i) applicable statutory or other retention requirements; (ii) provision for confidential retention in accordance such requirements and the terms of this Exhibit and (iii) provision for eventual destruction in accordance with all applicable provisions of State and federal law using approved methods of confidential destruction. XV.Grantee shall cooperate with the Grantor’s Information Security Officer or designee in carrying out the responsibilities set forth in this Exhibit. Failure to adhere to these requirements may be grounds for termination of the Agreement and for imposition of civil and criminal penalties. American Rivers Prop1-2015-Y1-009 Exhibit E, Attachment 1 Page 1 of 1 EXHIBIT E, ATTACHMENT 1 NON-DISCLOSURE CERTIFICATE I hereby certify my understanding that access to Confidential and Sensitive Information is provided to me pursuant to the terms and restrictions of the Protection of Confidential and Sensitive Information, contained in Exhibit E between American Rivers (Grantee) and the Sacramento-San Joaquin Delta Conservancy (Grantor). I hereby agree to be bound by those terms and restrictions. I understand that all Confidential and Sensitive Information, as defined in the Protection of Confidential and Sensitive Information, and any notes or other memoranda, or any other form of information, electronic or otherwise that copies or discloses Confidential Information, shall not be disclosed to anyone other than in accordance with the Exhibit E, Attachment 1. I acknowledge that a violation of this certificate may result in termination of the Agreement and/or imposition of civil or criminal penalties. Signed: _______________________________________________________________ Typed Name and Title: Representing (give name of Grantee/Affiliate): Date: _________________________________________________________________ Kristin M. May, Chief Financial Officer American Rivers, Inc. American Rivers Prop1-2015-Y1-009 Exhibit F Page 1 of 4 EXHIBIT F GRANTEE CERTIFICATION CLAUSES I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Grantee to the clause(s) listed below. This certification is made under the laws of the State of California. Grantee Name (Printed) Federal ID Number By (Authorized Signature) Printed Name and Title of Person Signing Date Executed Executed in the County of STATEMENT OF COMPLIANCE: 1.Grantee has, unless exempted, complied with the nondiscrimination program requirements. (GC 12990 (a-f) and CCR, Title 2, Section 8103) (Not applicable to public entities.) DRUG-FREE WORKPLACE REQUIREMENTS: 1.Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: 2.Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. 3.Establish a Drug-Free Awareness Program to inform employees about: a.the dangers of drug abuse in the workplace; b.the person's or organization's policy of maintaining a drug-free workplace; c.any available counseling, rehabilitation and employee assistance programs; and, d.penalties that may be imposed upon employees for drug abuse violations. 4.Every employee who works on the proposed Agreement will: a.receive a copy of the company's drug-free workplace policy statement; and, b.agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future agreements if the Grantor determines that any of the following has occurred: (1) the Grantee has made false certification, or violated the certification by failing to carry out the requirements as noted above. (GC 8350 et seq.) NATIONAL LABOR RELATIONS BOARD CERTIFICATION: 1.Grantee certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Grantee within the immediately preceding two-year period because of Grantee's failure to comply with an order of a Federal court which orders Grantee to American Rivers, Inc.23-7305963 Kristin M. May, Chief Financial Officer District of Columbia American Rivers Prop1-2015-Y1-009 Exhibit F Page 2 of 4 comply with an order of the National Labor Relations Board. (PCC 10296) (Not applicable to public entities.) EXPATRIATE CORPORATIONS: 1. Grantee hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California. SWEATFREE CODE OF CONDUCT: 1.All Grantees providing services for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the Agreement have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The Grantee further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108. 2.The Grantee agrees to cooperate fully in providing reasonable access to the Grantee’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the Grantee’s compliance with the requirements under paragraph (a) DOMESTIC PARTNERS: 1.For contracts over $100,000 executed or amended after January 1, 2007, the Grantee certifies that Grantee is in compliance with Public Contract Code section 10295.3. UNION ORGANIZING: 1.Grantee hereby certifies that no request for reimbursement, or payment under this agreement, will seek reimbursement for costs incurred to assist, promote or deter union organizing. American Rivers Prop1-2015-Y1-009 Exhibit F Page 3 of 4 DOING BUSINESS WITH THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California. I. CONFLICT OF INTEREST: 1.Current and Former State Employees: Grantee should be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. a.Current State Employees: (PCC §10410) (1) No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. (2) No officer or employee shall contract on his or her own behalf as an independent Grantee with any state agency to provide goods or services. b.Former State Employees: (PCC §10411) (1) For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a grant agreement in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the Agreement while employed in any capacity by any state agency. (2) For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a Agreement with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed Agreement within the 12-month period prior to his or her leaving state service. 2.Penalty for Violation: If the Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void (PCC §10420). 3.Members of Boards and Commissions: Members of boards and commissions are exempt from the sections above if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem (PCC §10430(e). 4.Representational Conflicts of Interest: The Grantee must disclose to the Grantor Project Manager any activities by Grantee or subcontractor personnel involving representation of parties, or provision of consultation services to parties, who are adversarial to the Grantor Program. The Grantor may immediately terminate this agreement if the Grantee fails to disclose the information required by this section. The Grantor may immediately terminate this Agreement if any conflicts of interest cannot be reconciled with the performance of services under this Agreement. 5.Financial Interest in Grants: Grantee should also be aware of the following provisions of Government Code §1090: “Members of the Legislature, state, county district, judicial district, and city officers or employees shall not be financially interested in any Agreement made by them in their official capacity, or by any body or board of which they are members. Nor shall state, county, district, judicial district, and city officers or employees be purchasers at any sale or vendors at any purchase made by them in their official capacity.” American Rivers Prop1-2015-Y1-009 Exhibit F Page 4 of 4 6.Prohibition for Consulting Services Contracts: For consulting services contracts (see PCC §10335.5), the Grantee and any subcontractors (except for subcontractors who provide services amounting to 10 percent or less of the Grant price) may not submit a bid/SOQ, or be awarded a Grant agreement, for the provision of services, procurement of goods or supplies or any other related action which is required, suggested, or otherwise deemed appropriate in the end product of such a consulting services Agreement (see PCC §10365.5). II.LABOR CODE/WORKERS' COMPENSATION: Grantee needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) III.GRANTEE NAME CHANGE: An amendment is required to change the Grantee's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. IV.CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the Grantee is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate Grantee performing within the state not be subject to the franchise tax. c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State. III.RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. IV.AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. V. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all Grantees that are not another state agency or other governmental entity. American Rivers Prop1-2015-Y1-009 Exhibit G Page 1 of 8 EXHIBIT G REPORTS (QUARTERLY, ANNUAL AND FINAL REPORT REQUIREMENTS) OVERVIEW The Conservancy (Grantor) requires quarterly progress reports, as specified in the grant agreement. Quarterly reports are due on the 30th day of the month following the end of each quarter (see schedule below). Reports should be sent to the Grantor Project Manager. This Progress Report form collects cumulative information over a calendar year. Answer questions only for the current quarter which information is being reported. Each quarterly report will be cumulatively added to the previous quarterly reports of that calendar year, culminating in a report that includes all four (4) quarterly reports for that calendar year. At the end of each calendar year of the project term, the Grantee shall submit an Annual Report. This Annual Report will serve as a supplement to the 4th Quarter Report and will include information on progress accomplished during that calendar year, findings, conclusions, and plans for the next calendar year. A template of the Annual Report will be provided by the Delta Conservancy Grant Manager. The Grantee shall submit the completed Annual Report with the 4th Quarter Report within thirty (30) days following the end of the calendar year. At the conclusion of the Project, the Grantee must submit a Draft Final Report to the Grantor Project Manager for review and approval within 30 days prior to the end date of the Grant term. The Draft Final Report shall summarize the life of the Grant Agreement and describe the results of the work and of the Project, including findings, conclusions, and recommendations for follow up, ongoing or future activities, accomplishments, and before and after pictures, as appropriate. Following any comments from the Grantor Project Manager, the Grantee shall submit the revised Final Report for review and approval within 30 days prior to the funding end date. REPORTING SCHEDULE •1st Quarter Progress Report January 1 - March 31 Due April 30 •2nd Quarter Progress Report April 1 - June 30 Due July 30 •3rd Quarter Progress Report July 1 - September 30 Due October 30 •4th Quarter Progress Report October 1 - December 31 Due January 30 •Annual Report January 1 – December 31 Due January 30 •Draft Final Report Start date – Funding End Due 30 days prior to funding end date •Final Report Start date – Funding End Due 30 days post funding end date American Rivers Prop1-2015-Y1-009 Exhibit G Page 2 of 8 DELTA CONSERVANCY PROP 1 GRANT PROGRAM QUARTERLY PROGRESS REPORT FORM Recipient Name Quarterly Report # Agreement Number Date Report Submitted Agreement Term Current Reporting Period From: To: Summary of Work Completed During This Reporting Period (Current Reporting Period Only) Task # Description of Progress % of Task Complete Consistent w/Exhibit A Schedule? Yes No If no, explain Quarterly Expenditure Projection Report (Current Reporting Period Only) Quarter - Start with the first quarter of your actual/projected expenditures. Actual - Report only those expenditures which have been submitted and approved for payment. Projected - Report your projected expenditures on a quarterly basis. (This information is required for State Treasurer’s Office purposes.) Cumulative - Subtotal your cumulative expenses on a quarterly basis for the life of your grant. QUARTER YEAR ACTUAL PROJECTED CUMULATIVE $ $ $ GRAND TOTAL $ American Rivers Prop1-2015-Y1-009 Exhibit G Page 3 of 8 QUARTERLY PROGRESS REPORT PAGE 2 Summary: Briefly summarize work completed for the current reporting period. 1st Quarter: 2nd Quarter: 3rd Quarter: 4th Quarter: Deliverables: Refer to the Scope of Work/Budget in the Grant Agreement and list deliverables initiated or completed. Provide details of accomplishments by task. Include specific information about the progress (i.e. degree of completion) of achieving each deliverable to be completed under the agreement. Task 1. – 1st Quarter: 2nd Quarter: 3rd Quarter: 4th Quarter: Task 2. – 1st Quarter: 2nd Quarter: 3rd Quarter: 4th Quarter: Task 3. – 1st Quarter: 2nd Quarter: 3rd Quarter: 4th Quarter: American Rivers Prop1-2015-Y1-009 Exhibit G Page 4 of 8 QUARTERLY PROGRESS REPORT PAGE 3 Outputs/Outcomes: Refer to Performance Measures Table in the Grant Agreement, and list outputs initiated or completed and how these outputs will lead to the project outcomes. In the table below, provide details of accomplishments during the reporting period by goal and output. For each output include associated task number, specific information about the progress (including % completion), and whether or not this information for each output is consistent with information and schedule in Exhibit A of the Grant Agreement. Goals Outputs Scheduled Completion Date Actual Completion Date Goal 1: Output 1.1 1st Quarter Summary of Progress and Status: 2nd Quarter Summary of Progress and Status: 3rd Quarter Summary of Progress and Status: 4th Quarter Summary of Progress and Status: Output 1.2 1st Quarter Summary of Progress and Status: 2nd Quarter Summary of Progress and Status: 3rd Quarter Summary of Progress and Status: 4th Quarter Summary of Progress and Status: Goal 2: Output 2.1 1st Quarter Summary of Progress and Status: 2nd Quarter Summary of Progress and Status: 3rd Quarter Summary of Progress and Status: 4th Quarter Summary of Progress and Status: Output 2.2 1st Quarter Summary of Progress and Status: 2nd Quarter Summary of Progress and Status: 3rd Quarter Summary of Progress and Status: 4th Quarter Summary of Progress and Status: American Rivers Prop1-2015-Y1-009 Exhibit G Page 5 of 8 QUARTERLY PROGRESS REPORT PAGE 4 Schedule: Is the project on schedule per the schedule in the Grant Agreement? If not, what is not on schedule and why not? 1st Quarter: 2nd Quarter: 3rd Quarter: 4th Quarter: CEQA: If applicable, explain how actions taken during each reporting period comply with CEQA requirements. 1st Quarter: 2nd Quarter: 3rd Quarter: 4th Quarter: EcoAtlas: If applicable, explain efforts undertaken during each reporting period to maintain accurate and current data in EcoAtlas. 1st Quarter: 2nd Quarter: 3rd Quarter: 4th Quarter: Challenges: Did organizational, staff, construction, or financial challenges or changes arise? If so, explain the effects that they may have on the project. 1st Quarter: 2nd Quarter: 3rd Quarter: 4th Quarter: Next Steps: Explain what you plan to accomplish in the next quarter. Are there any anticipated changes to the grant agreement? Will you be able to stay on schedule and within the approved budget? 1st Quarter: 2nd Quarter: 3rd Quarter: 4th Quarter: American Rivers Prop1-2015-Y1-009 Exhibit G Page 6 of 8 QUARTERLY PROGRESS REPORT PAGE 5 Administrative Updates: Note if there have been any changes to the address, project staff, agreement signatories, or other administrative issues this quarter. 1st Quarter: 2nd Quarter: 3rd Quarter: 4th Quarter: Other: Describe any new or upcoming opportunities, significant events, and activities involving the organization. These may or may not be directly related to the project grant agreement. 1st Quarter: 2nd Quarter: 3rd Quarter: 4th Quarter: Attachments: For each quarterly reporting period, list any relevant attachments to this report, including construction photographs, news articles, fliers, etc. If there are any lengthy documents or grant agreement deliverables, copy them to a CD (send no hard copies) and list them below. 1st Quarter: 2nd Quarter: 3rd Quarter: 4th Quarter: I certify that these Quarterly Progress Reports are accurate and that this project is in compliance with the agreement. I further certify that any expenditure disclosed in these reports are allowed under the agreement and that all funds were expended for the purposes of the project. Authorized Signature: Title: Printed Name: Date: American Rivers Prop1-2015-Y1-009 Exhibit G Page 7 of 8 DELTA CONSERVANCY PROP 1 GRANT PROGRAM ANNUAL PROGRESS REPORT FORM Recipient Name Quarterly Report # Agreement Number Date Report Submitted Agreement Term Current Reporting Period From: To: Summary: Briefly summarize the major milestones of the past calendar year. Variances: Have there been any major variances/alterations to the project (this includes changes to the tasks, outputs, outcomes, etc.)? If so, explain. In the explanation, include if and how these changes will affect the project schedule and/or budget. Lessons Learned: Identify any important lessons learned in the past calendar year and explain if and how the project will be adapted as a result of these lessons. Forecasting: What do you plan to accomplish in the next calendar year? Are there any anticipated changes to the scope of work regarding these next steps? Will you be able to stay on schedule and within the approved budget for these next steps? I certify that this Annual Progress Report Summary is accurate and that this project is in compliance with the agreement. I further certify that any expenditure disclosed in this report is allowed under the agreement and that all funds were expended for the purposes of the project. Authorized Signature: Title: Printed Name: Date: American Rivers Prop1-2015-Y1-009 Exhibit G Page 8 of 8 DELTA CONSERVANCY PROP 1 GRANT PROGRAM FINAL REPORT FORM Grantee Name: Date Draft Report Submitted: Agreement Number: Date Final Report Submitted: Agreement Term: From: To: Summary: Summarize the objectives of the project, describing if and how they were achieved. Discussion of Findings and Conclusions: Discuss the overall findings and conclusions of the project. Outputs/Outcomes: Refer to the Performance Measures Table in the Grant Agreement, and list outputs completed and how these outputs are advancing project outcomes. In the table below, provide details of accomplishments during the grant term by goal and output. For each output include associated task number, specific information about the progress (including % completion), and whether or not this information for each output is consistent with information and schedule in Exhibit A of the Grant Agreement. Goals Outputs Scheduled Completion Date Actual Completion Date Goal 1: Output 1.1 Final Summary of Progress and Status: Output 1.2 Final Summary of Progress and Status: Goal 2: Output 2.1 Final Summary of Progress and Status: Output 2.2 Final Summary of Progress and Status: American Rivers Prop1-2015-Y1-009 Exhibit H Page 1 of 1 EXHIBIT H GRANTEE’S RELEASE Instructions to Grantee: Submit this form with final invoice(s) bearing original authorized signature. Submission of Final Invoice Pursuant to Agreement number Prop1-2015-Y1-009 entered into between Grantor and the Grantee (identified below) the Grantee does acknowledge that final payment has been requested via invoice number(s) __________ in the amount(s) of $ ___________ and dated _______. If necessary enter "See Attached" in the appropriate blocks and attach a list of invoice numbers dollar amounts and invoice dates. Release of all Obligations By signing this form, and upon receipt of the amount specified in the invoice number(s) referenced above, the Grantee does hereby release and discharge the State, its officers, agents and employees of and from any and all liabilities, obligations, claims, and demands whatsoever arising from the above referenced Agreement. Repayments Due to Audit Exceptions / Record Retention By signing this form, Grantee acknowledges that expenses authorized for reimbursement does not guarantee final allowance of said expenses. Grantee agrees that the amount of any sustained audit exceptions resulting from any subsequent audit made after final payment will be refunded to the State. All expense and accounting records related to the above referenced Agreement must be maintained for audit purposes for no less than three years beyond the date of final payment, unless a longer term is stated in said Agreement. Reminder to Return State Equipment/Property (If Applicable) (Applies only if equipment was provided by the Grantor or purchased with or reimbursed by Agreement funds) Unless the Grantor has approved the continued use and possession of State equipment through the grant end date (as defined in the above referenced Agreement) or for use in connection with the another Grant agreement with the Grantor, Grantee agrees to promptly initiate arrangements to account for and return said equipment to the Grantor, if said equipment has not passed its useful life expectancy as defined in the above referenced Agreement. Patents / Other Issues By signing this form, Grantee further agrees, in connection with patent matters and with any claims that are not specifically released as set forth above, that it will comply with all of the provisions contained in the above referenced Agreement, including, but not limited to, those provisions relating to notification to the State and related to the defense or prosecution of litigation. SIGN AND DATE THIS DOCUMENT ONLY WHEN ATTACHING TO FINAL INVOICE Grantee’s Legal Name (as on Agreement): Signature of Grantee or Official Designee: Date: Printed Name/Title of Person Signing: American Rivers Prop1-2015-Y1-009 Exhibit I Page 1 of 3 EXHIBIT I (EXAMPLE) POSTCONSUMER-CONTENT CERTIFICATION STATE AGENCY BUY RECYCLED CAMPAIGN (SABRC) The State of California is required to purchase recycled-content products rather than non-recycled products whenever price, quality, and availability are comparable. Furthermore, each State agency is required to purchase recycled-content products in sufficient quantities to ensure that mandated recycled- content product procurement goals are attained within eleven product categories. These eleven product categories and their respective minimum recycled-content requirements are outlined below. In order to help State agencies identify all reportable purchases and all reportable recycled-content product purchases, Product suppliers are mandated by the California Public Contract Codes to certify the minimum, if not the exact recycled content, both secondary and post consumer material, of all the products, materials, goods, and supplies offered or sold to the State. (State agencies are also required to obtain this information from all Grantees.) Collectively, these mandates are referred to as the State Agency Buy Recycled Campaign (SABRC). Regardless of the recycled content, or even if the product has no recycled content, the Grantee must indicate that on the certification form or through some other form of written certification. The 11 reportable product categories are described below. For further information regarding the specific details on these categories, go to the following webpage http://www.ciwmb.ca.gov/BuyRecycled/StateAgency/Buying.htm (See footnotes on the back of this page). American Rivers Prop1-2015-Y1-009 Exhibit I Page 2 of 3 FOOTNOTES: 1.“Postconsumer recycled-content material” is defined as products that were bought, used, and recycled by consumers. For example, a newspaper that has been purchased, recycled, and used to make another product would be considered postconsumer material. 2.“Product category” refers to one of the categories listed below, into which the reportable purchase is best placed. 3.If the product does not belong in any of the product categories, enter “N/A.” Common “N/A” products include wood products, natural textiles, aggregate, concrete, and electronics such as computers, TV, software on a disk or CD, and telephones. 4. Reused or refurbished products, there is no minimum content requirement. (PCC 12209 (l)) Code Product Categories Product Examples Minimum Postconsumer Content Requirement Examples are inclusive but are not limited to the individual product. 1 Paper Products Paper janitorial supplies, cartons, wrapping, packaging, file folders, and hanging files, building insulation and panels, corrugated boxes, tissue, and toweling. 30 percent by fiber weight postconsumer fiber. 2 Printing and Writing Papers Copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications. 30 percent by fiber weight postconsumer fiber. 3 Mulch, Compost, and Co- compost Products Soil amendments, erosion controls, soil toppings, ground covers, weed suppressants, and organic materials used for water conservation; yard trimmings and wood byproducts that are separated from the municipal solid waste stream or other source of organic materials such as biosolids or other comparable substitutes such as livestock, horse, or other animal manure, food residues or fish processing byproducts; mechanical breakdown of materials. 80 percent recovered material that would otherwise be normally disposed of in a landfill. 4 Glass Products Windows, test tubes, beakers, laboratory or hospital supplies, fiberglass (insulation), reflective beads, tiles, construction blocks, desktop accessories, flat glass sheets, loose-grain abrasives, deburring media, liquid filter media, and containers. 10 percent postconsumer, by weight. 5 Lubricating Oils Intended for use in a crankcase, transmission, engine, power steering, gearbox, differential chainsaw, transformer dielectric, fluid, cutting, hydraulic, industrial, or automobile, bus, truck, vessel, plane, train, heavy equipment, or machinery powered by an internal combustion engine. 70 percent re-refined base oil. 6a Plastic Products Printer or duplication cartridges, diskette, carpet, office products, plastic lumber, buckets, wastebaskets, containers, benches, tables, fencing, clothing, mats, packaging, signs, posts, binders, sheet, buckets, building products, garden hose, and trays. 10 percent postconsumer, by weight. 6b Printer or Duplication Cartridges a.Have 10 percent postconsumer material, or b.Are purchased as remanufactured, or c. Are backed by a vendor-offered program that will take back the printer cartridge after their useful life and ensure that the cartridge is recycled and comply with the definition of recycled as set forth in section Public Contract Code 12156. 7 Paint Water-based paint, graffiti abatement, interior and exterior, and maintenance. 50 percent postconsumer paint (exceptions when 50 percent postconsumer content is not available or is restricted by a local air quality management district, then 10 percent postconsumer content may be substituted). 8 Antifreeze Recycled antifreeze, and antifreeze containing a bittering agent or made from polypropylene or other similar non-toxic substance. 70 percent postconsumer material. 9 Tires Truck and bus tires, and those used on fleet vehicles and passenger cars. Retreaded: Must use an existing casing that has undergone retreading or recapping process in accordance with Public Resource Code (commencing with section 42400). 10 Tire- Derived Products Flooring, mats, wheelchair ramps, playground cover, parking bumpers, bullet traps, hoses, bumpers, truck bedliners, pads, walkways, tree ties, road surfacing, wheel chocks, rollers, traffic control products, mudflaps, and posts. 50 percent recycled used tires. 11 Metal Staplers, paper clips, steel furniture, desks, pedestals, scissors, jacks, rebar, pipe, plumbing fixtures, chairs, ladders, file cabinets, shelving, containers, lockers, sheet metal, girders, building and construction products, bridges, braces, nails, and screws. 10 percent postconsumer material, by weight. For additional information, please visit www.calrecycle.ca.gov/BuyRecycled/StateAgency/ American Rivers Prop1-2015-Y1-009 Exhibit I Page 3 of 3 RECYCLED CONTENT CERTIFICATION FORM To be completed by the Grantee and returned to: Sacramento-San Joaquin Delta Conservancy Grant Manager 1450 Halyard Drive, Suite 6 West Sacramento, CA 95691 Tel: (916) 375-2090 FAX: (916) 375-4948 GRANTEE SIGNATURE: DATE: PRINTED NAME OF PERSON COMPLETING FORM: AGREEMENT NUMBER: DESCRIPTION PERCENT RECYCLED BY WEIGHT RECYCLED MATERIAL TYPE BRAND POST CONSUMER (1) TOTAL RECYCLED CONTENT (2) This form must be completed, signed, and returned by vendor, bidder, and/or Grantee. State law requires any and all recycled content of a product to be disclosed to the State by the manufacturer or supplier of the product. If a product contains no recycled content, either post-consumer or secondary material, the vendor/bidder/Grantee shall so certify. POST CONSUMER (1) materials are defined as only those materials that have been disposed of as a solid waste at the completion of their life cycle. Secondary material (i.e., manufacturing waste) should not be counted in this percentage. The post-consumer content is usually the second percentage in the description of the item’s recycled content. (See example below) TOTAL RECYCLED CONTENT (2) is the sum total of ALL recycled content in the item including both secondary and post-consumer materials. Usually this percentage is shown as the first percentage in a recycled content description such as “Carton contains 100% recycled fiber, and 40% post-consumer fiber.” In this example, the “100%” is the TOTAL recycled content and the “40%” is the POST CONSUMER recycled content. Kristin M. May Prop 1-2015-Y1-19 N/A N/A N/A RECOMMENDATION(S): DENY claims filed by Tony W. Deering, Anthony Dickinson, Pedro Reyes Gomez, Tni Jackson, Carolyn McCrary, Sarah Morales, Jason O'Brien, Pacific Gas & Electric Company, Summer C. Selleck, Travelers Insurance a subrogee of LeGrand North America, Jennifer Vanvilay (2), and Abdul Wafadar. DENY amended claim filed by Pacific Gas & Electric Company. FISCAL IMPACT: No fiscal impact. BACKGROUND: Tony W. Deering: Property claim for property lost during transfer to court in the amount of $395. Anthony Dickinson: Property claim for cell phonelost at CCRMC in the amount of $178.66. Pedro Reyes Gomez: Personal injury claim forassault by third parties in an amount to exceed $25,000. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 15 To:Board of Supervisors From:David Twa, County Administrator Date:February 26, 2019 Contra Costa County Subject:Claims BACKGROUND: (CONT'D) Tni Jackson: Personal injury claim by County employee for discrimination in the workplace in the amount of $185,000. Carolyn McCrary: Property claim for lost wheelchair at CCRMC in the amount of $650. Sarah Morales: Personal injury claim for injuries sustained from motor vehicle accident involving a County employee in the amount of $150,000. Jason O’Brien: Property claim for damage to fence and other property in the amount of $3,950. Pacific Gas & Electric Company: Property claim for damage arising out of motor vehicle accident involving a County employee in the amount of $21,649.85 Summer C. Selleck: Personal injury claim for trip and fall in the amount of $190,299. Travelers Insurance a subrogee of LeGrand North America: Property claim for damage to vehiclearising out of motor vehicle accident with County employee in the amount of $14,864.18. Jennifer Vanvilay: Personal injury claim forindemnification for injuries sustained by third party arising out of a motor vehicle accident in an unknown amount. Abdul Wafadar: Property claim for damage to fenceby tree roots in the amount of $2,888. Amended claim Pacific Gas & Electric Company: Property claim for damage arising out of motor vehicle accident involving a County employee in the amount of $21,649.85 RECOMMENDATION(S): DENY the claim filed by Hanson Marine Operations for a refund of property taxes paid for 2013 through 2016. FISCAL IMPACT: No fiscal impact. BACKGROUND: By a letter dated March 6, 2018, Hanson Marine Operations (“Claimant”) sent the Assessor’s Office claims for refund of tax years 2013 through 2016 related to the assessment of two tug boats, Account No. 712095-0016 (the “Vessels”). The basis of the claim is that the Vessels should have been exempted from property taxes for those years because Article XIII, Section 3, Subdivision (l) of the California Constitution provides that vessels of more than 50-tons net burden and engaged in the transportation of freight or passengers are exempt from property taxation. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Peter Yu, (925) 313-7622 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Robert Campbell C. 16 To:Board of Supervisors From:David Twa, County Administrator Date:February 26, 2019 Contra Costa County Subject:Deny claim filed by Hanson Marin Operations for refund of property taxes BACKGROUND: (CONT'D) The letter attaches various documents including a claim for refund forms for 2013/14, 2014/15, 2015/16 and 2016/17, summary of amounts paid, evidence of payment, a photo of the Vessels, diagram of the Vessels’ use, property tax bills, Claimant’s business property tax statements, bills of sale for the Vessels, Coast Guard vessel documentation, Certificates of Documentation from the US Department of Homeland Security; and invoices to the lessor of the Vessel for its use. For the years at issue, Claimant seeks a refund of $351,203.04 based on its payment of ad valorem taxes and various assessments levied on the Vessel. ANALYSIS Claimant seeks a refund of property taxes for two tug boats, which it claims qualify for a property tax exemption as marine vessels of more than 50-tons net burden and engaged in the transportation of freight or passengers (the “Vessel Use Exemption”). (Cal. Const., art. XIII, § 3, subd. (l)). Only those vessels that are used over 50% of the time for the transportation of freight or passengers qualify for the exemption. To seek the Vessel Use Exemption, a taxpayer must file appropriate paperwork with the Assessor’s Office that shows that its vessel qualified for the exemption in the tax year at issue. Claimant has failed to seek the Vessel Use Exemption from the Assessor’s Office for any of the years at issue and, for this reason, it has failed to meet the prerequisite to claim the exemption for its Vessels. Claimant also failed to supply sufficient evidence with its claim for refund that the Vessels were used over 50% of the time for the transportation of freight or passengers. Claimant’s attorney submitted an unverified letter stating that the Vessels were used 100% for the transportation of sand and there are references in the invoices to a “sand merchant.” This is insufficient to establish the Vessels’ primary uses were the transportation of freight. An unverified letter does not provide reliable evidence of the Vessels’ use. Furthermore, the transportation of sand is not inherently the transportation of freight. To determine whether the transportation of sand was freight the purpose of the transportation must be established, including its origin and destination. The evidence submitted also does not indicate how the Vessels were used for over 50% of the time. Finally, the Assessor’s Office independently obtained information that the vessels were often used for dredging operations, rather than the transportation of freight or passengers. In addition to issues concerning Claimant’s right to the Vessel Use Exemption, the claim improperly seeks a refund of all taxes and assessments paid. When applicable, the Vessel Use Exemption only exempts payment of property taxes on the 1% ad valorem property tax. CONSEQUENCE OF NEGATIVE ACTION: Failure to take the recommended action would result in the refund of property taxes and assessments in the approximate amount of $351,203.04. ATTACHMENTS Hanson Marine Claim Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G RECOMMENDATION(S): ACCEPT Board members meeting reports for January 2019. FISCAL IMPACT: No fiscal impact. BACKGROUND: Government Code section 53232.3(d) requires that members of legislative bodies report on meetings attended for which there has been expense reimbursement (mileage, meals, lodging ex cetera). The attached reports were submitted by the Board of Supervisors members in satisfaction of this requirement. District V has nothing to report. CONSEQUENCE OF NEGATIVE ACTION: The Board of Supervisors will not be in compliance with Government Code 53232.3(d). APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Joellen Bergamini 925.335.1906 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 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:David Twa, County Administrator Date:February 26, 2019 Contra Costa County Subject:ACCEPT Board members meeting reports for January 2019 ATTACHMENTS District II January 2019 Report District III January 2019 Report District I January 2019 Report District IV January 2019 Report Supervisor Candace Andersen – Monthly Meeting Report January 2019 Date Meeting Location 9 CCCERA Concord 9 LAFCO Martinez 9 TRAFFIX San Ramon 10 CCCTA MP&L Lafayette 15 Board of Supervisors Martinez/Richmond 15 TRAFFIX San Ramon 16 East Bay EDA Danville 16 CCTA Walnut Creek 17 CCCTA Concord 17 ABAG Exec Board San Francisco 19 Alamo Town Hall Alamo 19 CC Women’s March Walnut Creek 21 Dr. Martin Luther King, Jr events Walnut Crk/Danville 22 Board of Supervisors Martinez 23 CCCERA Concord 24 CCCSWA Walnut Creek 24 Danville Chamber Installation Danville 25 Citizen Corps San Ramon 28 Alamo Liaison Meeting Danville 28 Internal Operations, Special Meet Martinez 29 Board of Supervisors Martinez 31 CCTA Workshop Walnut Creek 31 East Bay USA Concord Date Meeting Name Location 3-Jan Meeting with County staff Brentwood 4-Jan Phone Meeting with Delta Counties Coalition Brentwood 7-Jan Meeting with Leaderspring Center Brentwood 7-Jan Phone Meeting with County Water Agency Brentwood 7-Jan Meeting with Dr. Farnitano, Health Officer for Contra Costa County Brentwood 9-Jan Meeting with BART Director Mark Foley Brentwood 9-Jan Meeting with East Contra Costa Fire Protection District Director, Carrie Nash Brentwood 9-Jan LAFCO Meeting Martinez 9-Jan Mental Health Commission Meeting Pleasant Hill 11-Jan Phone Meeting with Delta Counties Coalition Brentwood 11-Jan Phone Meeting with California Association of Local Behavioral Health Boards Brentwood 11-Jan Family Justice Center Meeting Concord 11-Jan Constituent Meeting Martinez 12-Jan 40th Annual Shellie Awards Event Walnut Creek 15-Jan Board of Supervisors Meeting Martinez 15-Jan Board of Supervisors Reorganization Luncheon Richmond 17-Jan Delta Counties Coalition Meeting Sacramento 17-Jan Delta Stewardship Council - Five-Year Review of the Delta Plan Sacramento 17-Jan Delta Protection Commission Field Tour - Staten Island Walnut Grove 17-Jan Delta Protection Commission Meeting Rio Vista 18-Jan Phone Meeting with Delta Counties Coalition Brentwood 18-Jan Phone Meeting with East Bay Regional Park District Brentwood 18-Jan Meeting with County staff Martinez 18-Jan Constituent Meeting Martinez 22-Jan Board of Supervisors Meeting Martinez 22-Jan Meeting with County Water Agency Brentwood 23-Jan Delta Conservancy Board Meeting West Sacramento 23-Jan Meeting with Governor Newsom Sacramento 23-Jan Phone Meeting with Executive Director, Sean Casey, First 5 Brentwood 23-Jan Sanford Institute of Philanthropy Advisory Council Meeting Pleasant Hill 24-Jan Martinez Shell Refinery Tour Martinez Supervisor Diane Burgis - January 2019 AB1234 Report (Government Code Section 53232.3(d) requires that members legislative bodies report on meetings attended for which there has been expense reimbursement (mileage, meals, lodging, etc). 24-Jan Meeting with Director of Airports, Keith Freitas Concord 24-Jan Meeting with Senator Steve Glazer Walnut Creek 25-Jan Phone Meeting with Delta Counties Coalition Brentwood 25-Jan Community Forum/Luncheon - Investing in Local Jobs, Training, and Entrepreneurship Antioch 26-Jan Discovery Bay State of the Town Event Discovery Bay 28-Jan Meeting with Tanya Drlik, Contra Costa County Integrated Pest Management Martinez 28-Jan Internal Operations Committee Meeting Martinez 28-Jan Constituent Meeting Martinez 29-Jan Board of Supervisors Meeting Martinez 30-Jan PIT Media Outreach with CORE Antioch 30-Jan Meeting with Human Services Alliance Brentwood 30-Jan Tri Delta Transit Meeting Antioch 31-Jan Meeting with Oakley City Manager & Alexander Lindsey Museum Oakley 31-Jan East Bay Leadership Council Event Concord * Reimbursement may come from an agency other than Contra Costa County Purpose Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Community Outreach Business Meeting Community Outreach Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Community Outreach Business Meeting Supervisor Diane Burgis - January 2019 AB1234 Report (Government Code Section 53232.3(d) requires that members legislative bodies report on meetings attended for which there has been expense reimbursement (mileage, meals, lodging, etc). Business Meeting Business Meeting Business Meeting Community Outreach Community Outreach Business Meeting Business Meeting Business Meeting Business Meeting Community Outreach Business Meeting Business Meeting Business Meeting Business Meeting * Reimbursement may come from an agency other than Contra Costa County Supervisor John Gioia January – 2019 Monthly Meeting Statement Government Code section 53232.3(d) requires that members of legislative bodies report on meetings attended for which there has been expense reimbursement (mileage, meals, lodging, etc.). 1. Meeting Date: January 16, 2019 Meeting: SFBRA Governing Board Ad Hoc Committee Location: Oakland, CA Supervisor Gioia sought reimbursement from the County only for meetings that he attended in his capacity as a County Supervisor during the month of January, 2019 located outside Contra Costa County. Supervisor Karen Mitchoff January 2019 DATE MEETING NAME LOCATION PURPOSE 01/10/19 ABAG Regional Planning Committee San FranciscoDecisions on agenda items 01/11/19 ABAG Administrative Committee San FranciscoDecisions on agenda items 01/14/19 BAAQMD Legislative Committee San FranciscoDecisions on agenda items 01/15/19 Board of Supervisors Meeting Martinez Decisions on agenda items 01/16/19 BAAQMD Executive Board Retreat San Rafael Decisions on agenda items 01/17/19 Travis Credit Union Ribbon Cutting Pleasant Hill Community Outreach 01/17/19 ABAG Legislation Committee San FranciscoDecisions on agenda items 01/22/19 Board of Supervisors Meeting Martinez Decisions on agenda items 01/23/19 BAAQMD Budget and Finance CommitteeSan FranciscoDecisions on agenda items 01/23/19 DCC Meeting w/Gov. Newsom Sacramento Water Advocacy 01/24/19 BAAQMD Mobile Source Committee San FranciscoDecisions on agenda items 01/24/19 680/4 Groundbreaking Event Martinez Community Outreach 01/24/19 CCCSWA Meeting Walnut Creek Decisions on agenda items 01/29/19 Board of Supervisors Retreat Pinole Decisions on agenda items 01/31/19 CCTA Board Workshop Walnut Creek Decisions on agenda items 01/31/19 EBLC's East Bay USA Concord Community Outreach APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 18 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:February 26, 2019 Contra Costa County Subject:Resolution Recognizing Carole and Andy Amstutz as 2018 Orinda Citizens of The Year. AGENDA ATTACHMENTS Resolution 2019/52 MINUTES ATTACHMENTS Signed Resolution No. 2019/52 In the matter of:Resolution No. 2019/52 recognizing Carole and Andy Amstutz as 2018 Orinda Citizens of the Year. Andy and Carole Amstutz often work as a team in their volunteer efforts working to clean-up and beautify Orinda; and Whereas, Carole has been a member of the Orinda Garden Club since 1996, always contributing far more than the job description required; while serving as Conservation Chairman she spent endless hours researching the ways to influence the state and national leaders on environmental issues; and Whereas, Carole spearheaded a committee to clean-up the creek, with clippers, shovels, gloves and rakes in hand, the clean-up committee spent hours laboring on the trash-filled, poison ivy infested creek, Andy was the strength behind the project, spending hours pruning trees and doing most of the “heavy work”; and Whereas, The Amstutz team have always been avid gardeners and nature enthusiasts, actively supporting and volunteering at the Wagner Ranch Nature Area; Orinda is fortunate to have hard-working, responsible and always cheerful citizens. that the Board of Supervisors of Contra Costa County does hereby honor Carole & Andy Amstutz for their passion and dedication to keeping Orinda beautiful. ___________________ JOHN GIOIA Chair, District I Supervisor ______________________________________ CANDACE ANDERSEN DIANE BURGIS District II Supervisor District III Supervisor ______________________________________ KAREN MITCHOFF FEDERAL D. GLOVER District IV 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: February 26, 2019 David J. Twa, By: ____________________________________, Deputy C.18 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 19 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:February 26, 2019 Contra Costa County Subject:Resolution recognizing William Hudson as the recipient of the William Penn Mott Jr. Award AGENDA ATTACHMENTS Resolution 2019/53 MINUTES ATTACHMENTS Signed Resolution No. 2019/53 In the matter of:Resolution No. 2019/53 recognizing William Hudson as the recipient of the William Penn Mott Jr. Award. William “Bill” Hudson has spent over a decade of dedicated support to Friends of Wagner Ranch Nature Area conserving the natural and historical resources of the eighteen-acre preserve; and Whereas, Bill serves Friends of Wagner Ranch Nature Area as Board Member of Projects Committee and numerous other activities; and Whereas, Bill plans and conducts food service at Wildlife and Olive Festivals with Health Department oversight, and he assists with the annual 4 th of July Friends of Wagner Ranch Nature Area display in the community park; and Whereas, Bill attends the Education Committee meetings with Orinda Unified School District Curriculum Directors to facilitate the sign-ups of schools, purchase of supplies, and interfaces with the Facilities Director regarding Nature Area infrastructure; and Whereas, Bill has served the Orinda community in many capacities including assisting the Sudden Oak Death program at UC Davis to conduct annual surveys in the community, and serving as a Board Member of the Mt. Diablo Audubon Society. that the Board of Supervisors of Contra Costa County does hereby honor William Hudson in recognition of his hard work and dedication to the preservation and beautification of Orinda. ___________________ JOHN GIOIA Chair, District I Supervisor ______________________________________ CANDACE ANDERSEN DIANE BURGIS District II Supervisor District III Supervisor ______________________________________ KAREN MITCHOFF FEDERAL D. GLOVER District IV 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: February 26, 2019 David J. Twa, By: ____________________________________, Deputy C.19 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: James Lyons, 510-231-8692 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 20 To:Board of Supervisors From:John Gioia, District I Supervisor Date:February 26, 2019 Contra Costa County Subject:50th Anniversary of Richmond Division 58 of the California Retired Teachers Association AGENDA ATTACHMENTS Resolution 2019/62 CaRTA_Div58_Proclamation MINUTES ATTACHMENTS Signed Resolution No. 2019/62 In the matter of:Resolution No. 2019/62 the 50th Anniversary of Richmond Division 58 of the California Retired Teachers Association WHEREAS, on March 7, 2019, Richmond Division 58 of the California Retired Teachers Association will hold a special luncheon at the Richmond Masonic Lodge in Richmond, California, at which time the Division will commemorate the fiftieth anniversary of the receipt of its official charter, and upon this occasion, it is deserving of special public commendations; and WHEREAS, FOUNDED IN 1929, BY RETIRED TEACHER Laura E. Settle, the California Retired Teacher Association boasts of more than 40,000 active members who donate more than one million hours of volunteer service to their communities each year; and WHEREAS, chartered in 1968, Richmond Division 58 serves the retirees of the West Contra Costa School District in Contra Costa county; and WHEREAS, since its inception, Richmond Division 58 has enjoyed many remarkable achievements including, but not limited to, establishing the West Contra Costa Retired Educators Scholarship Fund, which has awarded well over $762,000, in financial aide to West Contra Costa Unified School District graduating seniors who wish to further their education; and WHEREAS, Richmond Division 58 annually awards seven $500 grants to deserving West Contra Costa teachers to improve the quality of classroom instruction and student achievement thanks to the generosity of Joanna Sykes. WHEREAS, Richmond Division 58 enhances the lives of its members through the legislative process and by addressing such relevant issues as the Social Security offsets; and WHEREAS, Richmond Division 58 provides its members with an array of opportunities to attend social gatherings, travel, and receive discounted services; and WHEREAS, Richmond Division 58 of the California Retired Teachers Association enjoys a long and fascinating history consisting of a dynamic past, a challenging present, and the promise of a long and bright future; now therefore, be it BY the Contra Board County Board of Supervisors, that Richmond Division 58 of the California Retired Teachers Association be congratulated on the celebration of the fiftieth anniversary of receipt of its original charter, commended on its steadfast commitment to its members and the ongoing support of public education, and extended best wishes for continued success in the future. ___________________ JOHN GIOIA Chair, District I Supervisor ______________________________________ CANDACE ANDERSEN DIANE BURGIS District II Supervisor District III Supervisor ______________________________________ KAREN MITCHOFF FEDERAL D. GLOVER District IV 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: February 26, 2019 David J. Twa, By: ____________________________________, Deputy C.20 RICHMOND DIVISION 58 OF THE California Retired Teachers Association WHEREAS, on March 7, 2019, Richmond Division 58 of the California Retired Teachers Association will hold a special luncheon at the Richmond Masonic Lodge in Richmond, California, at which time the Division will commemorate the fiftieth anniversary of the receipt o f its official charter, and upon this occasion, it is deserving of special public commendations; and WHEREAS, FOUNDED IN 1929, BY RETIRED TEACHER Laura E. Settle, the California Retired Teacher Association boasts of more than 4 0,000 active members who donate more than one million hours of volunteer service to their communities each year; and WHEREAS, chartered in 1968, Richmond Division 58 serves the retirees of the West Contra Costa School District in Contra Costa county; and WHEREAS, since its inception, Richmond Division 58 has enjoyed many remarkable achievements including, but not limited to, establishing the West Contra Costa Retired Educators Scholarship Fund, which has awarded well over $762,000, in financial aide to West Contra Costa Unified School District graduating seniors who wish to further their education; and WHEREAS, Richmond Division 58 annually awards seven $500 grants to deserving West Contra Costa teachers to improve the quality of classroom instruction and student ac hievement thanks to the generosity of Joanna Sykes. WHEREAS, Richmond Division 58 enhances the lives of its members through the legislative process and by addressing such relevant issues as the Social Security offsets; and WHEREAS, Richmond Division 58 provides its members with an array of opportunities to attend social gatherings, travel, and receive discounted services; and WHEREAS, Richmond Division 58 of the California Retired Teachers Association enjoys a long and fascinating history consisting of a dynamic past, a challenging present, and the promise of a long and bright future; now therefore, be it RESOLVED BY the Contra Board County Board of Supervisors, that Ri chmond Division 58 of the California Retired Teachers Association be congratulated on t he celebration of the fiftieth anniversary of receipt of its original charter, commended on it s steadfast commitment to its members and the ongoing support of public education, and extended best wishes for continue d success in the future. Members Resolution _____ Dated: _______________________ Signature: Signature: APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 21 To:Board of Supervisors From:David Twa, County Administrator Date:February 26, 2019 Contra Costa County Subject:Recognizing the Winners of the Contra Costa County Poetry Out Loud 2019 Competition AGENDA ATTACHMENTS Resolution 2019/39 MINUTES ATTACHMENTS Signed Resolution No. 2019/39 In the matter of:Resolution No. 2019/39 Recognizing Grace Gilroy, John Higgins, and Wesley Little for placing First, Second, and Third in the Contra Costa County “Poetry Out Loud” 2019 Competition. WHEREAS, the members of the Board of Supervisors of Contra Costa County are pleased to extend congratulations to Grace Gilroy, John Higgins, and Wesley Little for placing first, second, and third in the Contra Costa County “Poetry Out Loud” 2019 Competition; and WHEREAS, Grace Gilroy, a junior at San Ramon Valley High in Danville, was awarded First Place, John Higgins, a senior at Prospects High in Antioch, was awarded Second Place, and Wesley Little, a senior at Monte Vista High in Danville, was awarded Third Place in the Contra Costa County “Poetry Out Loud” Competition on February 9, 2019, a competition which emphasizes language skills and public speaking; and WHEREAS, over 3,000 students countywide memorized a poem for this year’s program, a program started by the National Endowment for the Arts (NEA), and run by the California Arts Council in the State and locally by the Arts and Culture Commission of Contra Costa County (AC5), to engage high school students in the presentation of poetry through memorization and performance; and WHEREAS, this is Contra Costa County’s twelfth year participating in the “Poetry Out Loud” competition; and WHEREAS, students performed their recitations in front of an audience of over one hundred at the Campbell Theater in Martinez; and WHEREAS, the pool of finalists included students from thirteen county high schools, including: College Park High in Pleasant Hill, Deer Valley High in Antioch, El Cerrito High in El Cerrito, Freedom High in Oakley, Independence High in Brentwood, John Henry High in Richmond, Kennedy High in Richmond, Las Lomas High in Walnut Creek, Monte Vista High in Danville, Pinole Valley High in Pinole, Prospects High in Antioch, Salesian College Preparatory in Richmond, and San Ramon Valley High in Danville; and WHEREAS, Ms. Gilroy, Mr. Higgins, and Mr. Little gave extraordinary recitations along with a very competitive group of finalists; and WHEREAS, the “Poetry Out Loud” program seeks to foster the next generation of literary readers by recognizing the latest trends in poetry: recitation and performance; and WHEREAS, to excel as Ms. Gilroy, Mr. Higgins, and Mr. Little have done, a young person must demonstrate, in addition to a great deal of natural ability, an outstanding spirit of dedication, enthusiasm and hard work. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Contra Costa County, California does hereby recognize Grace Gilroy, John Higgins, and Wesley Little for placing First, Second, and Third in the Contra Costa County “Poetry Out Loud” 2019 Competition and extend this expression of pride in their accomplishments. ___________________ JOHN GIOIA Chair, District I Supervisor ______________________________________ CANDACE ANDERSEN DIANE BURGIS District II Supervisor District III Supervisor ______________________________________ KAREN MITCHOFF FEDERAL D. GLOVER District IV 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: February 26, 2019 David J. Twa, By: ____________________________________, Deputy PR.2, C.21 RECOMMENDATION(S): ADOPT Ordinance No. 2019-03 to authorize the appointment of up to five alternate members to the Contra Costa County Assessment Appeals Board. FISCAL IMPACT: None BACKGROUND: The current Contra Costa County Assessment Appeals Board is composed of five regular members. One member is nominated for appointment from each of the supervisorial districts. Members are approved by a majority vote of the board of supervisors. A three-member panel of the Assessment Appeals Board hears each appeal. The panel members are designated by the clerk of the Assessment Appeals Board. The common practice is that the clerk designates the three-member panels such that regular members sit on a routine, rotating basis. However, if any regular member is unavailable when he or she is designated to sit, another regular member not already included in the designated panel must be available to convene the required three-member panel. Revenue and Taxation Code section 1622.5 authorizes the Board of Supervisors to appoint alternate members to the Assessment Appeals Board. The attached ordinance APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 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:February 26, 2019 Contra Costa County Subject:Alternate members to the Assessment Appeals Board BACKGROUND: (CONT'D) would amend County Ordinance Code section 26-10.204 to authorize the Board of Supervisors to appoint up to five alternate members to the Assessment Appeals Board. Approval of each alternate member would be by majority vote of the Board of Supervisors. If a regular member is unavailable to sit on a three-member panel, an alternate member would sit and have the same authority to act as the regular member. Each alternate member would be required to have the same qualifications as regular members. CONSEQUENCE OF NEGATIVE ACTION: No alternate members would be appointed to the Contra Costa County Assessment Appeals Board. AGENDA ATTACHMENTS Ordinance No. 2019-03 MINUTES ATTACHMENTS Signed Ordinance No. 2019-03 ORDINANCE NO. 2019-03 ASSESSMENT APPEALS BOARD ALTERNATES The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION I. SUMMARY. This ordinance amends the County Ordinance Code to authorize the appointment of up to five alternate members to the Contra Costa County Assessment Appeals Board. SECTION II. Section 26-10.204 of the County Ordinance Code is amended to read: 26-10.204 Membership–Qualifications–Term–Alternates. (a)Membership: The assessment appeals board shall consist of five members appointed directly by the board of supervisors, acting only by three-member panels designated from time to time by the clerk of the assessment appeals board. Approval of each member shall be by majority vote of the board of supervisors. (b)Qualifications and Terms: The members’ qualifications and terms of office shall be as provided by Revenue and Taxation Code Section 1620 et seq. The members shall be assigned terms in such a manner that the terms of no more than two offices shall expire in any one year. (c)Alternates: The board of supervisors may directly appoint up to five alternate members to the assessment appeals board. Approval of each alternate member shall be by majority vote of the board of supervisors. If any regular member of the assessment appeals board is temporarily unable to act as a member of the assessment appeals board, an alternate member may sit on the assessment appeals board and shall have the same authority to act as a regular member. (Ords. 2019-03 § 2, 84-62 § 1, 73-45 § 1 (part): R. & T. C. § 1622.1). SECTION III. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors voting for or against it in the Contra Costa Times, a newspaper published in this County. PASSED on ___________________________, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ORDINANCE NO. 2019-03 1 ATTEST: DAVID J. TWA, _____________________________ Clerk of the Board of Supervisors Board Chair and County Administrator By: ______________________[SEAL] Deputy KCK: H:\Client Matters\2019\AAB\Ordinance No. 2019-03 Assessment Appeals Board Alternates.wpd ORDINANCE NO. 2019-03 2 RECOMMENDATION(S): ADOPT Ordinance No. 2019-04 designating 2004 Freightliner FL60, 1996 Freightliner FL60, 1992 Ford F-E350 Flatbed Truck, 2006 Ford F650, three 2018 Ford Interceptor utility vehicles, and two 2018 Ford Edges as Hazardous Materials Emergency Response Team Vehicles, as recommended by the Health Services Director. FISCAL IMPACT: There is no fiscal impact. BACKGROUND: Since 1981, the Health Services Department Emergency Response Team has been responding to spills, chemical releases and other hazardous materials incidents throughout the County. The need often arises to go through or around slow or stalled traffic. In 1990 the Vehicle Code was amended to allow the California Highway Patrol to issue Authorized Emergency Vehicle Permits to counties for vehicles designated for response during hazardous materials emergencies. In 1991, the Board designated two Health Services Department vehicles as hazardous materials response vehicles; these original vehicles have been replaced. In 2005, the Board Adopted Ordinance No. 2005-31 that designated three vehicles as hazardous APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Randy Sawyer, 925-335-3210 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: Randy Sawyer, Marcy Wilhelm C. 23 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 26, 2019 Contra Costa County Subject:Designating Certain Health Services Department Vehicles as Hazardous Materials Response Team Vehicles BACKGROUND: (CONT'D) materials response team vehicles. In 2009, the Board adopted Ordinance No. 2009-33 that designated an additional vehicle as a hazardous materials response team vehicle, for a total of four vehicles. The County is updating the vehicle permits to include an additional five vehicles, purchased since 2009, for use during hazardous material emergencies. The attached ordinance designates nine vehicles as hazardous materials response team vehicles for response to hazardous material emergencies. Adoption of this ordinance will allow Health Services to apply to the California Highway Patrol for Authorized Emergency Vehicles Permit for these vehicles. This ordinance was introduced at the Board of Supervisor’s meeting on February 12, 2019, the reading was waived and the February 26, 2019 Board meeting was fixed for adoption. AGENDA ATTACHMENTS Ordinance MINUTES ATTACHMENTS Signed Ordinance No. 2019-04 1 ORDINANCE NO. 2019-04 ORDINANCE NO. 2019-04 (Uncodified) (Designating Certain Health Services Department Vehicles as Hazardous Materials Response Team Vehicles) The Contra Costa County Board of Supervisors ordains as follows: SECTION I. SUMMARY. This ordinance repeals Ordinance No. 2009-33 and designates a total of nine Health Services Department vehicles as hazardous materials response team vehicles. SECTION II. AUTHORITY. This ordinance is adopted pursuant to Vehicle Code section 2416, subdivision (a)(10). SECTION III. REPEAL. Ordinance No. 2009-33 is repealed in its entirety. SECTION IV. DESIGNATION. The following vehicles owned and operated by the County Health Services Department are hereby designated as hazardous materials response team vehicles for response to hazardous materials emergencies: A. 2004 Freightliner FL60 County Vehicle No. 6824 License No. 1201175 VIN: 1FVACWDDX5HN93858 B. 1996 Freightliner FL60 County Vehicle No. 6814 License No. 048373 VIN: 1FV3GF3D6VH708472 C. 1992 Ford F-350 Flatbed Truck County Vehicle No. 6131 License No. 342231 VIN: 2FDKF38MXNCA73548 D. 2006 Ford F650 County Vehicle No. 6868 License No. 1232779 VIN: 3FRNX65N66V297707 E. 2018 Ford Interceptor SUV County Vehicle No. 3643 License No. 1555994 VIN: 1FM5K8AT7JGC34129 2 ORDINANCE NO. 2019-04 F. 2018 Ford Interceptor SUV County Vehicle No. 3644 License No. 1555995 VIN: 1FM5K8AT3JGC34130 G. 2018 Ford Interceptor SUV County Vehicle No. 3645 License No. 1555996 VIN: 1FM5K8AT5JGC34131 H. 2018 Ford Edge County Vehicle No. 3657 License No. 1553842 VIN: 2FMPK4J87JBC40775 I. 2018 Ford Edge County Vehicle No. 3658 License No. 1555999 VIN: 2FMPK4J89JBC40776 SECTION V. PERMIT. The Director of Health Services is authorized to apply to the Commissioner of the California Highway Patrol for authorized emergency vehicle permits for the above vehicles. SECTION VI. 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 and against it in the East Bay Times, a newspaper published in this County. PASSED on __________________, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: David J. Twa, Clerk of the Board ___________________________________ of Supervisors and County Administrator Board Chair By: [seal] Deputy LW H:\Ordinances\Ord.2019-04.doc RECOMMENDATION(S): REAPPOINT the following individual to the District IV Seat on the Fish and Wildlife Committee to a term ending February 28, 2023, as recommended by Supervisor Karen Mitchoff: Mr. Brett J. Morris Walnut Creek, CA FISCAL IMPACT: None BACKGROUND: The Fish and Wildlife Committee advises the Board of Supervisors on fish and wildlife issues in Contra Costa County and makes recommendations to the Board of Supervisors for the expenditure of funds from the Fish and Wildlife Propagation Fund pursuant to Fish and Game Code Section 13103. The committee addresses issues surrounding the enforcement of fish and game laws and regulations in the County. The committee considers other APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Lisa Chow, (925) 521-7100 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 24 To:Board of Supervisors From:Karen Mitchoff, District IV Supervisor Date:February 26, 2019 Contra Costa County Subject:REAPPOINT Brett Morris to the District IV seat o the Fish and Wildlife Committee BACKGROUND: (CONT'D) issues which may from time to time be referred to the Committee by the Board of Supervisors. The committee consists of ten members. One appointed by each Supervisor, four appointed by the Internal Operations Committee, and one alternate. The alternate can sit and vote for any At-large seat on the Committee. If a vacancy occurs, the alternate automatically assumes the At-large seat that is vacant. CONSEQUENCE OF NEGATIVE ACTION: seat will become vacant CHILDREN'S IMPACT STATEMENT: n/a RECOMMENDATION(S): APPOINT Mr. Cody Moore of Concord Jet as a representative on the Airports Business Association seat on the Aviation Advisory Committee (AAC) to a term beginning March 1, 2019 and expiring February 28, 2022, as recommended by the Contra Costa County Airports Business Association. FISCAL IMPACT: None. BACKGROUND: The AAC was established by the Board of Supervisors (Board) to provide advice and recommendations to the Board on the aviation issues related to the economic viability and security of airports in Contra Costa County (County). The AAC is mandated to cooperate with local, state, and national aviation interests for the safe and orderly operation of airports; advance and promote the interests of aviation; and protect the general welfare of the people living and working near the airport and the County in general. The AAC may initiate discussions, observations, or investigations and may hear comments on airport and aviation matters from the public or other agencies in order to formulate recommendations APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 25 To:Board of Supervisors From:Keith Freitas, Airports Director Date:February 26, 2019 Contra Costa County Subject:APPOINT CODY MOORE TO THE AIRPORTS BUSINESS ASSOCIATION SEAT ON THE AVIATION ADVISORY COMMITTEE BACKGROUND: (CONT'D) to the Board. In conjunction with all the above, the AAC provides a forum for the Director of Airports regarding policy matters at and around the airport. On January 22, 2019, a letter was submitted to the Director of Airports stating that the Airport Businesses Association, that is comprised of Fixed-Based Operators, designated Cody Moore for the business seat on the AAC. The AAC comprises 13 members who must work and/or reside in Contra Costa County: one appointed by each Supervisor; one from and nominated to the Board by the City of Concord; one from and nominated to the Board by the City of Pleasant Hill; one from and nominated to the Board by the Contra Costa County Airports Business Association; one from the community of Pacheco and nominated to the Board by the Airport Committee; one from the vicinity of Byron Airport (Brentwood, Byron, Knightsen or Discovery Bay) and nominated to the Board by the Airport Committee; and three at large to represent the general community, to be nominated by the Airport Committee. CONSEQUENCE OF NEGATIVE ACTION: The AAC Airports Business Association will not have representation regarding airport matters that could affect their businesses. RECOMMENDATION(S): REAPPOINT Mr. Keith McMahon to the City of Concord seat on the Aviation Advisory Committee (AAC) to a term beginning March 1, 2019 and expiring February 28, 2022, as recommended by the Concord City Council. FISCAL IMPACT: None. BACKGROUND: The AAC was established by the Board of Supervisors (Board) to provide advice and recommendations to the Board on the aviation issues related to the economic viability and security of airports in Contra Costa County (County). The AAC is mandated to cooperate with local, state, and national aviation interests for the safe and orderly operation of airports; advance and promote the interests of aviation; and protect the general welfare of the people living and working near the airport and the County in general. The AAC may initiate discussions, observations, or investigations and may hear comments APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 26 To:Board of Supervisors From:Keith Freitas, Airports Director Date:February 26, 2019 Contra Costa County Subject:REAPPOINT KEITH MCMAHON TO THE CITY OF CONCORD SEAT ON THE AVIATION ADVISORY COMMITTEE BACKGROUND: (CONT'D) on airport and aviation matters from the public or other agencies in order to formulate recommendations to the Board. In conjunction with all the above, the AAC provides a forum for the Director of Airports regarding policy matters at and around the airport. The AAC comprises 13 members who must work and/or reside in Contra Costa County: one appointed by each Supervisor; one from and nominated to the Board by the City of Concord; one from and nominated to the Board by the City of Pleasant Hill; one from and nominated to the Board by the Contra Costa County Airports Business Association; one from the community of Pacheco and nominated to the Board by the Airport Committee; one from the vicinity of Byron Airport (Brentwood, Byron, Knightsen or Discovery Bay) and nominated to the Board by the Airport Committee; and three at large to represent the general community, to be nominated by the Airport Committee. On January 22, 2019, Concord City Council unanimously approved a recommendation that Keith McMahon continue to serve as the representative for the City of Concord. CONSEQUENCE OF NEGATIVE ACTION: The City of Concord will not have representation as the seat will become vacant. RECOMMENDATION(S): APPOINT the following individual to the District V Public Sector Seat on the Economic Opportunity Council to a term expiring December 31, 2023, as recommended by Supervisor Federal D. Glover. Michelle Chenault FISCAL IMPACT: None. BACKGROUND: The Economic Opportunity Council makes recommendations to the Board of Supervisors on all program proposals and budgets related to Community Services Block Grant and the Weatherization program, and performs other functions as specified in the Economic Opportunity Act of 1964. CONSEQUENCE OF NEGATIVE ACTION: Position would remain vacant and negatively impact operations. CHILDREN'S IMPACT STATEMENT: None. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes:Corrected term; ends June 30, 2023 VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Vincent Manuel (925) 608-4200 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Jami Napier, Deputy cc: C. 27 To:Board of Supervisors From:Federal D. Glover, District V Supervisor Date:February 26, 2019 Contra Costa County Subject:Appointment to Michelle Chenault to the Economic Opportunity Council RECOMMENDATION(S): APPOINT Supervisor Federal D. Glover (District 5) of the Contra Costa County Board of Supervisors to serve on the Pittsburg-Bay Point area Community-Based Transportation Plan Steering Committee, as recommended by Supervisor Gioia. FISCAL IMPACT: None to the General Fund. The Metropolitan Transportation Commission fully funds the Community-Based Transportation Plan development. BACKGROUND: The Metropolitan Transportation Commission (“MTC”) administers the Community-Based Transportation Plan (“CBTP”) program by collaborating with local agencies using a grass roots approach to improve mobility options for low-income communities around the Bay Area. The CBTP program brings local residents, community organizations and transportation agencies together to identify low-income neighborhoods' most important transportation challenges and develop strategies to overcome them. MTC selects planning areas based on disadvantaged communities and income data. In Contra Costa County, the communities of Bay Point, Concord, Downtown Martinez, and North Richmond have completed plans. The Lifeline Transportation Program (state and federal) funds the CBTP program. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Colin Piethe (925) 674-7755 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 28 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:February 26, 2019 Contra Costa County Subject:Appointment to Contra Costa Transportation Authority, Community-Based Transportation Plan Steering Committee. BACKGROUND: (CONT'D) In 2007, MTC and the County Department of Conservation and Development (“DCD”) finalized the Bay Point CBTP. The Bay Point CBTP was developed with extensive public outreach, including the Bay Point Municipal Advisory Council, a community stakeholder group and various public events and workshops. The 2007 Bay Point CBTP identified several potential strategies for improving transit, mobility and transportation. Strategies implemented form the 2007 Bay Point CBTP include: Safe Routes to School Diablo Street Smarts Program (511 Contra Costa), bus shelters (Tri-Delta Transit), and the Bailey Road Bicycle and Pedestrian Improvement Plan – State Route 4/Bailey Road Interchange Project (County). In 2018, MTC began administering another round of CBTP development through the congestion management agencies (i.e. CCTA) and approached County staff to assist in updating the 2007 Bay Point CBTP. In addition, CCTA proposes a Steering Committee to help effectively reach out to the stakeholders and constituents within the community as new transportation solutions are formulated to help improve quality of life in the community. The Steering Committee will be comprised of elected officials, representatives from Non-governmental Organizations (“NGOs”), and various transportation agencies serving the study area. CCTA anticipates a maximum of four meetings on a quarterly or semi-annual basis. Given the proposed Bay Point CBTP update is in Supervisorial District 5, Supervisor Glover is recommended to serve on the Steering Committee. CONSEQUENCE OF NEGATIVE ACTION: Contra Costa County will not have representation on the CBTP Steering Committee and therefore no decision-making input or guidance during the process. ATTACHMENTS Steering Committee Invitation COMMISSIONERS Federal Glover, Chair Robert Taylor,Vice Chair Janet Abelson Newell Arnerich Tom Butt Loella Haskew David Hudson Karen Mitchoff Julie Pierce Kevin Romick Renata Sos Randell H. Iwasaki, Executive Director 2999 Oak Road Suite 100 Walnut Creek CA 94597 PHONE: 925.256.4700 FAX: 925.256.4701 www.ccta.net February 11, 2019 Honorable John Gioia, Chair County of Contra Costa Board of Supervisors 651 Pine Street, 10th Floor Martinez, CA 94553 Dear Chair Gioia, On behalf of CCTA, I am writing to request that you appoint a member of the Contra Costa County Supervisors to serve on a Steering Committee that will help guide the development of a Community-Based Transportation Plan (CBTP) for the Pittsburg-Bay Point area. The CBTP will identify projects and programs to create affordable transportation options for disadvantaged people who live and work in and around the study area. Having a Supervisor on the Steering Committee will help us effectively reach out to the stakeholders and constituents within the community as we formulate new transportation solutions to help improve quality of life in the community. The Steering Committee will be comprised of elected officials, representatives from Non-governmental Organizations (NGOs), and various transportation agencies serving the study area. It has been twelve years since the last CBTP was undertaken. Since then, the advent of mobile technologies (smart phones) has dramatically changed the trip-planning landscape. New opportunities for providing improved transportation that were not available in the early-to-mid 2000s may be considered as viable options in the CBTP update. We will work to develop the CBTP over the next 18 months, and when completed, will identify transportation needs and solutions for the Pittsburg-Bay Point community of concern. Your input will help to create a transportation plan that is responsive to the community’s needs. We anticipate a maximum of four meetings on a quarterly or semi-annual basis as needed. By the end of the study process, we hope to have consensus on a transportation plan that can serve as a funding advocacy document to implement new mobility projects in and around the study area. S:\14-Planning\MTC Related\Community-Based Transportation Plans\2018 Cycle\Pittsburg_Bay Point\Steering Committee Invite_Pittsburg-Bay Pt_County.docx Honorable John Gioia, Chair Contra Costa County Board of Supervisors February 11, 2019 Page 2 of 2 We sincerely appreciate learning which Supervisor will serve on the Steering Committee by end of February. You may forward this decision to James Hinkamp, Associate Transportation Planner at CCTA, at (925) 256-4726 or jhinkamp@ccta.net. Should you have any questions, please feel free to contact Martin Engelmann, Deputy Executive Director for Planning, at (925) 256-4729 or mre@ccta.net. Thank you, Federal D. Glover Chair Cc: David Twa, County of Contra Costa John Kopchik, County of Contra Costa Jamar Stamps, County of Contra Costa John Cunningham, County of Contra Costa Colin Piethe, County of Contra Costa S:\14-Planning\MTC Related\Community-Based Transportation Plans\2018 Cycle\Pittsburg_Bay Point\Steering Committee Invite_Pittsburg-Bay Pt_County.docx RECOMMENDATION(S): APPROVE for recommendation to the Board of Supervisors the Hazardous Materials Commission nominations of the following individuals for appointment to the Commission: Action Seat Nominee Expiration Reappoint Business #1 Fred Glueck December 31, 2022 Reappoint Business #1 Alternate Aaron Winer December 31, 2022 Appoint Business #2 Mark Hughes December 31, 2021 Reaapoint Labor #1 Henry Alcaraz December 31, 2022 FISCAL IMPACT: No fiscal impact. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Julie DiMaggio Enea (925) 335-1077 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 29 To:Board of Supervisors From:INTERNAL OPERATIONS COMMITTEE Date:February 26, 2019 Contra Costa County Subject:RECOMMENDATIONS FOR APPOINTMENT TO THE HAZARDOUS MATERIALS COMMISSION BACKGROUND: In 2013, IOC reviewed Board Resolution Nos. 2011/497 and 2011/498, which stipulate that applicants for At Large/Non Agency-Specific seats on specified bodies are to be interviewed by a Board Committee. The IOC made a determination that it would delegate the screening and nomination of Hazardous Materials Commission candidates to the Commission, for review by the IOC. The Hazardous Materials Commission was established in 1986 to advise the Board, County Staff and the mayor's council members, and staffs of the cities within the County, on issues related to the development, approval and administration of the County Hazardous Waste Management Plan. Specifically, the Board charged the Commission with drafting a Hazardous Materials Storage and Transportation Plan and Ordinance, coordinating the implementation of the Hazardous Materials Release Response Plan and inventory program, and analyzing and developing recommendations regarding hazards materials issues with consideration to broad public input, and reporting back to the Board on Board referrals. The Business #2 Seat, for which the term expires on December 31, 2021, was declared vacant due to resignation and posted by the Clerk of the Board for 10 days on June 13, 2018. The bylaws of the Commission provide that Business #2 Seat be nominated by the Industrial Association, screened by the Internal Operation Committee and appointed by the Board of Supervisors. The Industrial Association has nominated Mark Hughes for this seat. His letter of support and application are attached. The term for this seat expires on December 31, 2021. The terms of Business #1 Seat and Business #1 Alternate Seat expired on December 31, 2018.The bylaws of the Commission provide that Business Seat #1 and its alternate be nominated by the West County Council of Industries, screened by the Internal Operations Committee and appointed by the Board of Supervisors. The West County Council of Industries has re-nominated Fred Glueck for this seat and has re-nominated Aaron Winer for the alternate seat. Their applications and letters of support are attached. The terms for these seats expire on December 31, 2022. The term for Labor #1 Seat expired on December 31, 2018. The bylaws of the Commission provide that Labor #1 Seat be nominated by a labor organization, screened by the Internal Operations Committee and appointed by the Board of Supervisors. The Contra Costa Building and Construction Trade Council has re-nominated Henry Alcaraz for this seat. His letter of support and application are attached. The term for this seat expires on December 31, 2022. The Internal Operations Committee reviewed and approved the nominees of these organizations on February 11, 2019 and recommends to the Board appointment of these individuals. ATTACHMENTS Candidate Applications for Hazardous Materials Commission RECOMMENDATION(S): APPOINT Frances Sorrondegui to the Community #2 seat, and REAPPOINT Willie Robinson to the County #2 seat on the Affordable Housing Finance Committee, both to terms ending on June 30, 2021. BACKGROUND: The Affordable Housing Finance Committee advises the Board of Supervisors on the annual allocation of approximately $3 million in HOME Investment Partnership Act (HOME) and $1.8 million in Community Development Block Grant (CDBG) funds for affordable housing development in Contra Costa County. These funds are allocated to the County on an annual basis by formula through the U.S. Department of Housing and Urban Development. The Committee consists of nine members, including: three city representatives (one each from East, Central and West County) three county representatives; and three community representatives. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Julie DiMaggio Enea (925) 335-1077 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 30 To:Board of Supervisors From:INTERNAL OPERATIONS COMMITTEE Date:February 26, 2019 Contra Costa County Subject:RECOMMENDATIONS FOR APPOINTMENT TO THE AFFORDABLE HOUSING FINANCE COMMITTEE BACKGROUND: (CONT'D) The three city representatives are nominated by the cities in each subregion of the County and approved by the Board of Supervisors. Nominations for county and community representatives are solicited by the Department of Conservation and Development. All county and community representative appointments are interviewed by members of the AHFC and reviewed by the Internal Operations Committee (IOC) then referred to the Board of Supervisors for approval. AHFC terms are for three years. A current AHFC roster is attached. The AHFC recruited to fill current vacancies in the West County, County, and Community 2 seats. There were five applicants: two were interviewed and the AHFC is recommending one for appointment and one, Kevin Orozco, for reconsideration if another eligible seat becomes available. One applicant did not come to the scheduled interview and two did not respond to the interview invitation. The AHFC nominated Frances Sorrondegui to the Community 2 seat. Ms. Sorrondegui is a San Ramon resident that works for the City of Livermore as their Housing Program Manager. Prior to Livermore, Ms. Sorrondegui worked in housing for the City of Pleasanton. The AHFC nominated Willie Robinson for reappointment to the County seat. Mr. Robinson has been an active member on the committee for over 13 years. His experience as a construction manager provides valuable insight in to a critical component of developing affordable housing. The Internal Operations Committee reviewed and approved the AHFC nominations on February 11, 2018. With the approval of the above recommendations, there will be one vacancy for the West County Representative/City 2 seat. An application from a West County resident was received last week but too late for consideration by the AHFC prior to this meeting. This applicant will be considered for the remaining vacancy. ATTACHMENTS AHFC Roster Candidate Application_Roosevelt Gipson_AHFC Candidate Application_Kevin Orozco_AHFC Candidate Application_Willie Robinson_AHFC Candidate Application_Anthony Segovia_AHFC Candidate Application_Scott Shepherd_AHFC Candidate Application_Frances Sorrondegui_AHFC CONTRA COSTA CONSORTIUM AFFORDABLE HOUSING FINANCE COMMITTEE CITY REPRESENTATIVES East County Representative (City 1) Eric C. Brown Term expires June 30, 2020 Brentwood, CA 94513 Email: West County Representative (City 2) Vacant Term expires June 30, 2021 Central County Representative (City 3) Calvin S. Robie Term expires June 30, 2019 Senior Vice President Bank of Walnut Creek (retired) Pleasant Hill, California 94523 Phone: Email: COUNTY REPRESENTATIVES Paige Simmons Term expires June 30, 2020 Discovery Bay, California 94505 Phone: Email: Willie J. Robinson Term expires June 30, 2018 Retired El Sobrante, CA 94803 Phone: Email: 2/5/2019 S:\Committees\IOC\2019 INTERNAL OPERATIONS\02 FEBRUARY 2019\AHFC Appointments\AHFC Member List Jan_2019.doc Tom Shepard (County 3) Term expires June 30, 2019 Moraga, CA 94556 Phone: Email: COMMUNITY REPRESENTATIVES Dan Bundy (Community 1) Term expires June 30, 2020 Harmony Homes Associated Martinez, CA 94553 Phone: Email: Vacant (Community 2) Term expires June 30, 2021 Lisa Caronna (Community 3) Term expires June 30, 2019 Kensington, CA 94707 Phone: Email: 2/5/2019 S:\Committees\IOC\2019 INTERNAL OPERATIONS\02 FEBRUARY 2019\AHFC Appointments\AHFC Member List Jan_2019.doc COMMITTEE STAFF Kristen Lackey Affordable Housing Program Manager Phone: (925) 674-7793 Email: Kristen.Lackey@dcd.cccounty.us Gabriel Lemus CDBG Program Manager Phone: (925) 674-7882 Email: Gabriel.Lemus@dcd.cccounty.us Kristin Sherk Housing Planner Phone: (925) 674-7887 Email: Kristin.Sherk@dcd.cccounty.us Contra Costa County Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Fax (925) 674-7258 Approval Process: Interview candidates. City representatives must be approved by cities within the region then Board of Supervisor approval. County and Community representatives must be approved by the County Internal Operations before going to Board of Supervisors. Submit Date: Mar 31, 2018 Seat Name (if applicable) First Name Middle Initial Last Name Email Address Contra Costa County Boards & Commissions Application Form Profile Which Boards would you like to apply for? Equal Employment Opportunity Advisory Council: Submitted Contra Costa Council on Homelessness: Submitted Affordable Housing Finance Committee: Submitted Describe why you are interested in serving on this advisory board/commission (please limit your response to one paragraph). I am interested is in serving as a board member because I have 20 years of administrative, managerial, analytical ,law enforcement and instructional transferable skills that are relative to the duties as requires by the board. I also possess a Masters Degree in Health Services Management , California Community College Credential and an Adult Teaching Credential. My Experience working with youth is as follows. As a Job Corps instructor over eight years, I delivered quality instruction in GED and Testing of Basic Adult Education (TABE) reading & math preparation as needed to Job Corps Trainees utilizing a standardized curriculum. I have worked with at risk trainees from diverse socio-economic ethnic backgrounds to provide them with the tools needed to be successful in future endeavors. I have utilized Citrix to monitor attendance and process evaluations Personal Career Development Plans and conduct reports. Additionally, as a requirement for employment, I participated in the training by the Outlet Program emphasizing the creation of safe environments for Lesbian, Gay, Bisexual, Transgender, Queer and Questioning Youth. Prior to my Career at Job Corps I worked at several universities recruiting and counseling undergraduate minority pre-med students to enter the School of Medicine throughout the country. I coordinated an early outreach component to motivate high school students (GRADES 9-12) into the health sciences. As a hobby I build computers in my spare time. I am also familiar with the latest software packages used in businesses (Microsoft Office (Excel, Access, Publisher, Word and PowerPoint). This application is used for all boards and commissions Roosevelt Gipson Jr Roosevelt Gipson Jr Page 1 of 7 Home Address Suite or Apt City State Postal Code Primary Phone Employer Job Title Occupation If "Other" was Selected Give Highest Grade or Educational Level Achieved Name of College Attended Course of Study / Major Units Completed Do you, or a business in which you have a financial interest, have a contract with Contra Costa Co.? Yes No Is a member of your family (or step-family) employed by Contra Costa Co.? Yes No Education History Select the highest level of education you have received: Other College/ University A Sacramento CA 95833 Home: Contra Costa County GA Experienced Level Clerk Government University of Ca/Davis Admin & Human Behavior in Health Care Roosevelt Gipson Jr Page 2 of 7 Degree Type Date Degree Awarded Name of College Attended Course of Study / Major Units Completed Degree Type Date Degree Awarded Name of College Attended Type of Units Completed Quarter Degree Awarded? Yes No College/ University B Type of Units Completed Semester Degree Awarded? Yes No College/ University C B.S. June 1978 Golden Gate University Health Services Management M.B.A. June 1980 Metropolitan Education Roosevelt Gipson Jr Page 3 of 7 Course of Study / Major Units Completed Degree Type Date Degree Awarded Course Studied Hours Completed Dates (Month, Day, Year) From - To Type of Units Completed Semester Degree Awarded? Yes No Other schools / training completed: Certificate Awarded? Yes No Work History Please provide information on your last three positions, including your current one if you are working. 1st (Most Recent) Adult Credential Adult Credential Clinician/Practitioner Consultant October 2017 To Present Roosevelt Gipson Jr Page 4 of 7 Hours per Week Worked? Position Title Dates (Month, Day, Year) From - To Hours per Week Worked? Position Title Volunteer Work? Yes No Employer's Name and Address Contra Costa County,, Richmond,Ca Duties Performed EXPERIENCED LEVEL CLERK GA (GENERAL ASSISTANCE) PROGRAM (CONTRA COSTA COUNTY) -Obtain GA Roster from GA Unit -Enter GA Intake attendance into Calwin(Traffic Log) -Proctor the BSI( Mental Health Screening) Group -Complete an assessment of clients completing BSI questionnaire in CalWin -Instruct Clients on use of the self serve Kiosk -Scan confidential documents - Serve as a greeter for incoming clients -Schedule & Reschedule GA appointments -Refer clients to Job placements ,Food pantry & other resources via the Resource Room. -Issue Bus Passes/Bus tickets pending determined eligibility -Maintain records of issued Bus passes/Bus Tickets 2nd Volunteer Work? Yes No Employer's Name and Address 2500 Bates Ave, Concord Ca. 40 Experienced Level Clerk December 2014-December 2016 40 EXCHANGE CUSTOMER SERVICE AGENT(CONTRA COSTA COUNTY) Roosevelt Gipson Jr Page 5 of 7 Dates (Month, Day, Year) From - To Hours per Week Worked? Position Title Upload a Resume Duties Performed -Answers Covered California customer inquiries through multiple system and toll-free telephone numbers for responding to inbound and other calls as necessary; -Handles requests through Covered California customer inquiries and complaints, using business knowledge, professionalism, and efficiency, to maximize and facilitate one-call resolution; -Refers unresolved Covered California customer complaints to the Customer Service Supervisor or other appropriate staff; -Responds to Covered California customers' inquiries, complaints, and refers requests using business knowledge, policy, uniform procedures, professionalism, and efficiency to facilitate one-call resolution; -Records Covered California customer interactions, recording details of inquiries, complaints, or comments, as well as actions taken. -Provide Technical Support to assist customer in setting up and maintaining online account utilizing CAL HEER'S statewide system 3rd Volunteer Work? Yes No Employer's Name and Address U.S. SMALL BUSINESS ADMINISTRATION (Disaster Assistance) Duties Performed U.S. SMALL BUSINESS ADMINISTRATION (Disaster Assistance) -Respond to a variety of customer inquires ranging from routine to complex, and provide detailed information to the public regarding federally declared disasters and SBA's loan program. -Assist individuals and businesses with the completion of various SBA loan applications. -Assist applicants in filing an application via the Internet through use of SBA's Electronic Loan Application -Screen the ELA Home and Business applications for accuracy and completeness. -Act as a lead to subordinate Customer Service Representatives (communicating management's goals and objectives to team members. 10/2011 to Present On Call Board_Member__03_31_18.doc Roosevelt Gipson Jr Page 6 of 7 If "Other" was selected please explain Final Questions How did you learn about this vacancy? Contra Costa County Homepage . Do you have a Familial or Financial Relationship with a member of the Board of Supervisors? Yes No If Yes, please identify the nature of the relationship: Do you have any financial relationships with the County such as grants, contracts, or other economic relations? Yes No If Yes, please identify the nature of the relationship: Roosevelt Gipson Jr Page 7 of 7 ROOSEVELT GIPSON, JR. RESUME OF QUALIFICATIONS TELEPHONE MES. SACRAMENTO, CALIFORNIA 95833 TELEPHONE RES. PROFESSIONAL DIRECTION: Utilization of administrative, managerial, analytical, and instructional skills as it relates to the Board Member position. October 2017 To Present EXPERIENCED LEVEL CLERK GA (GENERAL ASSISTANCE) PROGRAM (CONTRA COSTA COUNTY) -Obtain GA Roster from GA Unit -Enter GA Intake attendance into Calwin(Traffic Log) -Proctor the BSI( Mental Health Screening) Group -Complete an assessment of clients completing BSI questionnaire in CalWin -Instruct Clients on use of the self serve Kiosk -Scan confidential documents -Serve as a greeter for incoming clients -Schedule & Reschedule GA appointments -Refer clients to Job placements ,Food pantry & other resources via the Resource Room. -Issue Bus Passes/Bus tickets pending determined eligibility -Maintain records of issued Bus passes/Bus Tickets December 2014 EXCHANGE CUSTOMER SERVICE AGENT(CONTRA COSTA COUNTY) November 2016 Duties: -Answers Covered California customer inquiries through multiple system and toll- free telephone numbers for responding to inbound and other calls as necessary; -Handles requests through Covered California customer inquiries and complaints, using business knowledge, professionalism, and efficiency, to maximize and facilitate one-call resolution; -Refers unresolved Covered California customer complaints to the Customer Service Supervisor or other appropriate staff; -Responds to Covered California customers' inquiries, complaints, and refers requests using business knowledge, policy, uniform procedures, professionalism, and efficiency to facilitate one-call resolution; -Records Covered California customer interactions, recording details of inquiries, complaints, or comments, as well as actions taken. -Provide Technical Support to assist customer in setting up and maintaining online account utilizing CAL HEER'S statewide system October 2011 Present U.S. SMALL BUSINESS ADNINISTRATION (Disaster Assistance) -Respond to a variety of customer inquires ranging from routine to complex, and provide detailed information to the public regarding federally declared disasters and SBA's loan program. -Assist individuals and businesses with the completion of various SBA loan applications. -Assist applicants in filing an application via the Internet through use of SBA's Electronic Loan Application. ROOSEVELT GIPSON, JR. PAGE TWO -Screen the ELA Home and Business applications for accuracy and completeness. -Act as a lead to subordinate Customer Service Representatives (communicating management's goals and objectives to team members. August 2005 AUTOCAD/MATH INSTRUCTOR /(De Anza College/ Job Corps) - Instructed Trainees in AutoCAD and Basic Applied Mathematics (Technical Calculations) in the evening program. - Recruited trainees to the evening program - Promoted the college program to Job Corps trainees September 2001 GED INSTRUCTOR (TREASURE ISLAND JOB CORPS) May 2009 Duties: -Perform an assessment of at- risk students to determine readiness in Writing literature, social studies, math, and science components of the GED. -Diagnose student needs and provides professional instruction to students enrolled in GED. - Provide reasonable accomadtion for those students identified to have special needs as recommended by the Disability Coordinator. - Staff Trainer (Career Success Standards) July 1996 PAROLE AGENT I (SACRAMENTO NORTH UNIT) December 1997 Duties: -Supervised and monitored behavior of parolees in both the office and in the field. -Established and maintained contacts with employers, family, and friends to augment knowledge of parolees and their behavior patterns. -Developed community resources -referred and counseled parolees to assist them in locating needed services (employment services, housing, substance abuse treatment, and etc). -Investigated parole violations and recommend appropriate action. -Prepared reports to the Board Of Prison Terms (Violation, Discharge Review, Parolee At Large and etc). -Attended parole revocation hearings -Apprehended and arrested parolees in violation of parole. April 1994 PAROLE AGENT I (INTERSTATE PAROLE UNIT) July 1996 Duties: -Monitor parolees accepted by states that participate in the Interstate Compact (The agreement by which all 50 states, the District of Columbia, the Virgin Islands and Puerto Rico function cooperatively in the supervision of probationers and parolees). -Arrange extradition proceedings for California parolee ordered returned by the Parole Hearings Division (PHD) -Makes appropriate transportation arrangements upon being advised of a parolee's availability for return from outside of California. -Provide technical assistance to Parole Regions on Interstate matters. ROOSEVELT GIPSON, JR. PAGE THREE -Arrange emergency Reporting Instructions based on criteria setforth in the Interstate Compact Agreement. -Complete all tasks needed to supervise behavior of parolees in the receiving state. -Perform other related duties as assigned. December 1992 California State Prison Sacramento April 1994 CORRECTIONAL COUNSELOR I Duties: -Interviewed inmates to gather information -Read, evaluated, reviewed, and summarized reports from a variety of sources to assist in classification on an inmate. -Assisted in the development or modification of the inmate's program. -Wrote and prepared board reports to the Board of Prison Terms summarizing all data on the inmate while making a prognosis for parole suitability. -Gathered, verified and evaluated information in regards to enemy or gang affiliations between inmates, incidents, and requests made by the courts. -Interpreted and evaluated the inmate's central file for partners of positive or negative behavior. -Performed Peace Officer duties as required. -Assisted custodial staff during emergency situations. March 1992 P&CSD, Parole Automation Team October 1992 PAROLE AGENT I, AUTOMATION TRAINER Duties: -Completed Training for Trainers course -Co-instructed a class to train P&CSD staff on a segment of the CMIS system which will integrate the functions of DDPS, OBIS, Parole Tracking System to enable access and utilization of information between headquarters, institutions and parole regions. -Utilized written course material, Microsoft Windows, Microsoft Word for Windows, and Newwave. November 1989 California Department of Corrections November 1992 PAROLE AGENT I Duties: -Supervised and monitored behavior of parolees in both the office and in the field. -Established and maintained contacts with employers, family, and friends to augment knowledge of parolees and their behavior patterns. -Developed community resources -Referred and counseled parolees to assist them in locating needed services (employment services, housing, substance abuse treatment, and etc). -Investigated parole violations and recommend appropriate action. -Prepared reports to the Board Of Prison Terms (Violation, Discharge Review, Parolee At Large and etc). -Attended parole revocation hearings ROOSEVLT GIPSON, JR. PAGE FOUR -Apprehended and arrested parolees in violation of parole. -Provided AIDS information to the parole unit. February 1989 California Department of Corrections November 1989 ASSOCIATE GOVERNMENTAL PROGRAM ANALYST Duties: -Developed systems for monitoring the flow of cases through the re-entry program. -Analyzed the impact upon occupancy levels and population turnover, of screening procedures, transportation logistics, classification disciplinary action, and facility /program availability. -Prepared Request for Proposal (RFP) packages and assists in their administration. -Prepared Budget Change proposals -Formulated program policy and procedural recommendations -Prepared contracts -Prepared closing reports and evaluations on contract performance -Audited re-entry programs and facilities for compliance to program requirements. -Monitored statewide procurement of equipment, supplies, forms, and office space. -Assisted in the planning of new re-entry facilities. -Provided technical assistance to the parole regions in servicing contracts October 1987 State Controller's Office February 1989 ASSOCIATE GOVERNMENTAL PROGRAM ANALYST Duties: -Developed Request for Proposal (RFP) -Developed user requirements -Developed Magnetic Tape survey document -Participated in various management studies to improve the personnel payroll process. February 1987 California State Lottery Commission March 1987 STAFF SERVICES MANAGER I (Acting) Duties: -Supervised staff that was responsible for examining fraudulent lottery tickets. -Wrote investigative procedures pertaining to the use of informants (whose confidentiality or name is maintained) and operators (where identities are public knowledge) to do undercover investigations. -Supervised staff that developed the division budget and tracked expenditures. -Reviewed questionable tickets to determine whether or not altered tickets were fraudulent. ROOSEVLT GIPSON, JR. PAGE FIVE October 1986 ASSOCIATE GOVERNMENTAL PROGRAM ANALYST October 1987 Duties: -Reviewed criminal investigations involving retailers conducted by Lottery Agents for the purpose of recommending appropriate administrative action against retailers. -Prepared written recommendations to the Director and/or the Retail Support Division. -Developed written directives, policies, and procedures involving security opera tions in retail sales. -Prepared and monitored contracts with the following agencies: Department of Justice; Department of General Services; Department of Personnel Administration; and the Department of Alcoholic Beverage Control. -Maintained liaison with allied law enforcement agencies; i.e. Department of Alcoholic Beverage Control, Department of Justice, and Department of Motor Vehicles to ensure mutual sharing of intelligence and coordination of law enforcement efforts. -Supported other Security personnel in assisting with security at drawings. -Assisted Agents in investigation of criminal acts committed against the lottery. -Evaluated Invitation for Bids (IFBs) to select a vendor to provide maintenance on the Lottery's statewide security system. -Developed an issue memo to amend the Lottery Act of 1984 to allow the Lottery to conduct both pre-employment and post employment investigations on employees including arrests and convictions. -Reviewed and analyzed legislation to advise management on the potential impact on the Lottery. -Developed the Security Division's statewide training budget. May 1985 State of California, Board of Control October 1986 ASSOCIATE GOVERNMENTAL PROGRAM ANALYST Duties: -Reviewed and analyzed victim of violent crime reports for completion and adherence to statutory and regulatory requirements and determined that all required information was received and presented in compliance with statute, Administrative Code regulations -Prepared summary of victim claims. -Selected and presented appropriate data to the Board of Control. -Assisted the Claimant and claimant's counsel in the presentation of the claim to the Board. -Recommended to the Board the disposition of claims based on a thorough knowledge of programs such as public assistance, Medi-Cal, Medicare, Social Security, veterans benefits, unemployment insurance, and state and federal tax computations. -Maintained liaison between local programs, other state and federal agencies as well as the legislative staff. -Prepared a report to the Joint Legislative Budget Committee on the success of steps taken to reduce and streamline the victims claim processing procedures. January 1985 State of California, Department of Health Services May 1985 STAFF SERVICES ANALYST Duties: -Analyzed the Medicare Buy-In system, identified problems and developed solutions. ROOSEVELT GIPSON, JR. PAGE SIX -Monitored the Federal Government's Social Security Administration accretions of Supplemental Security Income Recipients for Buy-In as per the Buy-In agreement and section 254 of the Social Security Administration and State Buy-In Manual. -Developed system improvements on the state-operated computer system, county welfare identification files and the department's Eligibility History File. -Prepared analysis of work flow and other periodic reports for use by management. -Utilized microcomputer _IBM-XT), and various software packages (i.e. Lotus 1-2-3, R Base 4000, and WordStar) in completion of complex assignments. December 1982 State of California, Office of Statewide Health Planning & Development December 1984 HEALTH PLANNING ANALYST Duties: -Directed the activities of subordinate staff, and performed other health planning activities as required. -Coordinated and maintained liaison with Federal, State and local health planning groups department managers, and staff, professional organizations, universities, citizens committees, and others participating in regional and statewide health planning studies. -Coordinated matching and placement activities for Southern California region. -Assisted in the development of vacancies, for potential placement of National Health Service Corps physicians. -Reviewed appropriate health manpower shortage area designations. -Assessed distribution and availability of primary care resources in health manpower shortage areas. -Monitored and provided technical assistance to 40 private practice option placements and 24 National Health Service placements. January 1982 University of California, Davis December 1982 School of Medicine SENIOR PROGRAM COORDINATOR Duties: -Supervised activities of student assistants. -Coordinated and implemented Federal Health Resources Development Program for the School of Medicine. -Implemented educational agreements at five Northern California Junior and Senior college campuses. -Recruited and counseled undergraduate minority pre-med students for the School of Medicine. -Coordinated other tasks, projects as directed by Project Manager. -Developed the retention component of the program. April 1981 University of California, Los Angeles January 1982 School of Medicine, Area Health Education Center PROGRAM COORDINATOR Duties: -Supervised activities of the part-time recruiters and counselors. ROOSEVELT GIPSON, JR. PAGE SEVEN -Developed and coordinated the Health Professions Resource Center Recruitment Program. -Established pre-health clubs. -Established and maintained close working relationships at targeted Area Health Education Centers, colleges, universities, and health centers. -Developed and presented recruitment presentations. -Advised students; provided student support information to the Program Dire ctor. -Coordinated annual calendars; designed and developed recruitment publications; maintained statistical data; analyzed and evaluated program. -Assisted in planning, preparation of health care conferences and attended health related conferences. -Coordinated the early outreach component to motivate high school students (grades 9-12) into the health sciences. September 1980 University of California, San Francisco January 1981 Student Services, Personnel Department FINANCIAL AID ADVISOR Duties: -Analyzed and determined student's eligibility for financial aid in accordance with established criteria. -Conducted in-depth interviews with students, reviewed application, explained financial aid policies. -Coordinated the Guaranteed Student Loan and other outside loan program data; kept abreast of legislation, federal mandates, and lender policies. -Maintained continuous contact with primary lenders. -Specialized skills included the analysis of complex federal and university financial aid policies and programs. August 1978 Liberty Mutual Insurance Company February 1979 CLAIMS ADJUSTER Duties: -Investigated and settled workers compensation and liability claims. -Conducted field investigations, reporting, cost analysis, and negotiations. -Directly interfaced with policyholders and insurance management, often in a problem solving capacity. October 1975 University of California, Davis June 1978 PEER ADVISOR AND COUNSELOR Duties: -Maintained liaison between students, coordinators, and the director Peer Advisor and Counselor Program. ROOSEVELT GIPSON, JR. PAGE EIGHT -Provided counseling to a case load of 150 students on academic and financial matters which entailed needs analysis and review, interviewing, and serving as a referral and informational sources. -Practical experience in the outreach area often serving as a "dropin" advisor. -Experienced in conducting workshops and seminars. EDUCATIONAL BACKGROUND California Community Business & Industrial Management College Credential (Lifetime) Designated Subjects Business Management Adult Credential Elementary & Secondary Basic Skills (July 2005) Metropolitan Education San Jose, California M.B.A. Health Services Management (June 1980) Golden Gate University San Francisco, California B.S. Administration and Human Behavior (June 1978) in Health Care University of California Davis, California PRACTICAL EXPERIENCE: FOOD SERVICES MANAGER: UNIVERSITY OF CALIFORNIA, DAVIS October 1974 -Provided direct supervision to 8 food service personnel. May 1975 -Developed management experience in the administration of food services, purchasing operations, safety, sanitation, and food handling. -Developed practical skills in financial management, equipment planning and evaluation of alternative systems. HEALTH SERVICES PRACTICUM WOODLAND MEMORIAL HOSPITAL,WOODLAND,CALIFORNIA -Completed an internship at this private hospital rotating through all departments including radiology, laboratory, medical records, physical plant and storage areas. -Gained knowledge of the functional and organizational structure, management and operation of a hospital, as a business and social institution. -Learned role relationships of the governing board, administration, and medical staff as they relate to the internal and external forces which affect the administrative process. ROOSEVELT GIPSON, JR. PAGE NINE -Provided written analysis/recommendation regarding problem areas. PERSONAL HEALTH DEPARTMENT, Sacramento, California -Experienced in the planning of patient-care programs faced with issues dealing with public accountability for health services. -Formulated policy to provide greater accessibility and quality of care. -Gained practical knowledge of main office operations in support of six Sacramento Clinics with specialized experience in the "Take-Care Project" for the Elderly. -Frequented clinics to review facility utilization and services. AFFILIATIONS: AHIMA HIMSS California Health Information Association Association of MBA Executives, Inc. Cal Aggie Alumni Association Golden Gate University Alumni Association Submit Date: Aug 16, 2018 Seat Name (if applicable) First Name Middle Initial Last Name Email Address Home Address Suite or Apt City State Postal Code Primary Phone Employer Job Title Occupation Contra Costa County Boards & Commissions Application Form Profile Which Boards would you like to apply for? Affordable Housing Finance Committee: Submitted Describe why you are interested in serving on this advisory board/commission (please limit your response to one paragraph). I currently work as a case manager at La Clinica de La Raza in Pittsburg and Oakley. The majority of the clients I work with have concerns with housing. I try my best to connect my clients to affordable housing resources. The housing process moves slow and there are less and less affordable places everyday. I would like to serve on this board because I would like to be aware of solutions that are being taken to address this crisis. I also believe I can contribute because I come with the perspective of the community and I am aware of the needs and how those needs can be met. This application is used for all boards and commissions Kevin Orozco Pittsburg CA 94565 Mobile: La Clinica De La Raza IBH Case Manager Kevin Orozco Page 1 of 7 If "Other" was Selected Give Highest Grade or Educational Level Achieved Name of College Attended Course of Study / Major Units Completed Degree Type Date Degree Awarded Do you, or a business in which you have a financial interest, have a contract with Contra Costa Co.? Yes No Is a member of your family (or step-family) employed by Contra Costa Co.? Yes No Education History Select the highest level of education you have received: Other College/ University A Type of Units Completed None Selected Degree Awarded? Yes No Bachelor's Degree San Francisco State University International Relations Bachelor of Science 05/2016 Kevin Orozco Page 2 of 7 Name of College Attended Course of Study / Major Units Completed Degree Type Date Degree Awarded Name of College Attended Course of Study / Major Units Completed College/ University B Type of Units Completed None Selected Degree Awarded? Yes No College/ University C Type of Units Completed None Selected Degree Awarded? Yes No Los Medanos College Social Sciences Associate's 05/2014 Kevin Orozco Page 3 of 7 Degree Type Date Degree Awarded Course Studied Hours Completed Dates (Month, Day, Year) From - To Hours per Week Worked? Position Title Other schools / training completed: Certificate Awarded? Yes No Work History Please provide information on your last three positions, including your current one if you are working. 1st (Most Recent) Volunteer Work? Yes No Employer's Name and Address La Clinica De La Raza 2240 Gladstone Dr Suite 2 Pittsburg, CA 94565 02/13/2018-Present 40 IBH Case Manager Kevin Orozco Page 4 of 7 Dates (Month, Day, Year) From - To Hours per Week Worked? Position Title Dates (Month, Day, Year) From - To Hours per Week Worked? Duties Performed Provide intensive case management for patients of La Clinica de La Raza in Pittsburg and Oakley. Connect patients to resources in the community that pertain to housing, education, employment, food, legal matters and other issues. Collaborate with community partners to provide the best care for patients. 2nd Volunteer Work? Yes No Employer's Name and Address Fred Finch Youth Center 3800 Coolidge Ave Oakland, CA 94602 Duties Performed Provided administrative support and minor case management to a school based health center. Clinic was connected to a newcomer program at school next door. Managed clinic schedule and made sure students were assessed and connected to resources. 3rd Volunteer Work? Yes No 09/2017-02/2018 40 Program Specialist 05/2016-05/2017 40 Kevin Orozco Page 5 of 7 Position Title Upload a Resume If "Other" was selected please explain Employer's Name and Address YMCA Community Resource Center 1486 Huntington Ave South San Francisco, CA 94080 Duties Performed Provided safety net services such as rental, utility, and car repair assistance who were in emergency situations. Provided shelter and housing referrals for homeless individuals and families. Organized a monthly food program. Organized and put on community events during the holidays. Final Questions How did you learn about this vacancy? Contra Costa County Homepage . Do you have a Familial or Financial Relationship with a member of the Board of Supervisors? Yes No If Yes, please identify the nature of the relationship: Do you have any financial relationships with the County such as grants, contracts, or other economic relations? Yes No If Yes, please identify the nature of the relationship: Case Manager resume.docx Kevin Orozco Page 6 of 7 Please Agree with the Following Statement I understand that this form is a public document and is subject to the California Public Records Act. I Agree Kevin Orozco Page 7 of 7 Kevin Orozco Pittsburg, CA 94565 Education San Francisco State University, San Francisco, CA August 2014-May 2016 Bachelor of Arts in International Relations Coursework: Geography of Ethnic Communities, International Affairs, Security Intelligence, International Organizations, International Political Economy, Senior Seminar with Thesis Los Medanos College, Pittsburg, CA August 2012- May 2014 Associate of Arts in Liberal Arts: Behavioral and Social Science Coursework: General Education, Macro Economics, Intercultural Communication, Argumentation and Debate Experience Integrated Behavioral Health Case Manager, La Clinica de La Raza February 2018-Present  Provide intensive case management to clients in a health care setting. Connect clients to housing, food, legal, employment and educational resources and more  Provide motivational interviewing to substance abuse patients  Maintain caseload through clinical notes and provide appropriate referrals and advocacy for clients Program Specialist, Rising Harte Wellness Center September 2017-February 2018  Managed day to day flow of a school based health center, providing administrative support for medical providers  Provide case management to newcomer students, linking them and their families to resources within the community such as MediCal enrollment, food and legal resources and mental health services  Work closely with school district officials and school staff to make sure every students’ healthcare needs are met Lead Case Manager, YMCA Community Resource Center May 2016- May 2017  Provided case management to individuals and families seeking housing assistance, providing shelter referrals, healthcare referrals, emergency rental assistance and long term housing and eviction prevention services  Attend meetings with funders, county officials, and other agencies to discuss how to allocate funds and how to better serve our community  Organize seasonal programs for clients by gathering donations from local businesses, law enforcement, and food banks Skills: Case Management, Motivational Interviewing, SBIRT, Microsoft Office, Salesforce, Spanish oral and written fluency, good communication and customer service skills, Submit Date: Dec 01, 2018 Seat Name (if applicable) First Name Middle Initial Last Name Email Address Home Address Suite or Apt City State Postal Code Primary Phone Employer Job Title Occupation Contra Costa County Boards & Commissions Application Form Profile Which Boards would you like to apply for? Affordable Housing Finance Committee: Submitted Describe why you are interested in serving on this advisory board/commission (please limit your response to one paragraph). I’m interested in serving on this board because I love community service , I feel that I have a lot of experience when it comes to life. This application is used for all boards and commissions Do you, or a business in which you have a financial interest, have a contract with Contra Costa Co.? Yes No Is a member of your family (or step-family) employed by Contra Costa Co.? Yes No Education History Select the highest level of education you have received: Other Anthony Segovia Antioch CA 94513 Mobile: Lendone Founder Lender Anthony Segovia Page 1 of 5 If "Other" was Selected Give Highest Grade or Educational Level Achieved Name of College Attended Course of Study / Major Units Completed Degree Type Date Degree Awarded Name of College Attended Course of Study / Major Units Completed Degree Type Date Degree Awarded College/ University A Type of Units Completed Semester Degree Awarded? Yes No College/ University B Type of Units Completed None Selected Degree Awarded? Yes No Assoc Los medanos Journalism 30 Assoc 2009 Anthony Segovia Page 2 of 5 Name of College Attended Course of Study / Major Units Completed Degree Type Date Degree Awarded Course Studied Hours Completed Dates (Month, Day, Year) From - To Hours per Week Worked? College/ University C Type of Units Completed None Selected Degree Awarded? Yes No Other schools / training completed: Certificate Awarded? Yes No Work History Please provide information on your last three positions, including your current one if you are working. 1st (Most Recent) 01/05/2009 40 Anthony Segovia Page 3 of 5 Position Title Dates (Month, Day, Year) From - To Hours per Week Worked? Position Title Dates (Month, Day, Year) From - To Hours per Week Worked? Position Title Volunteer Work? Yes No Employer's Name and Address Lendone financial Duties Performed Worked with various real estate agents to secure financing 2nd Volunteer Work? Yes No Employer's Name and Address Contra costa county 1220 morello ave Martinez,Ca 94521 Duties Performed Worked with various organizations to assist with prescription drug awareness 3rd Volunteer Work? Yes No Founder 04/1/2017-07/18/2018 20 Contra costa county alcohol and other drug board Anthony Segovia Page 4 of 5 Upload a Resume If "Other" was selected please explain Employer's Name and Address Duties Performed Final Questions How did you learn about this vacancy? Contra Costa County Homepage . Do you have a Familial or Financial Relationship with a member of the Board of Supervisors? Yes No If Yes, please identify the nature of the relationship: Do you have any financial relationships with the County such as grants, contracts, or other economic relations? Yes No If Yes, please identify the nature of the relationship: Please Agree with the Following Statement I understand that this form is a public document and is subject to the California Public Records Act. I Agree Anthony Segovia Page 5 of 5 Submit Date: May 01, 2018 Seat Name (if app icab e) First Name Midd e nitia Last Name Emai Address Home Address Suite or Apt City State Posta Code Primary Phone Emp oyer Job Tit e Occupation Contra Costa County Boards & Commissions Application Form Profile Which Boards would you like to apply for? Affordable Housing Finance Committee: Submitted Agricultural Advisory Task Force: Submitted Arts & Culture Commission: Submitted Aviation Advisory Committee: Submitted Countywide Redevelopment Successor Agency Oversight Board (Pending--To begin July 1, 2018): Submitted Airport Land Use Commission: Submitted Resource Conservation District: Submitted Describe why you are interested in serving on this advisory board/commission (please limit your response to one paragraph). I have worked in affordable housing development for over 15 years. I am aware of the importance to communities and businesses to provide housing options for people at all income levels. I know that I could contribute significantly to identifying strategies and legislation to assist Contra Costa County in developing more housing opportunities for its citizens. This application is used for all boards and commissions scott Shepherd Diablo CA 94528 Mobile: Category III Development Corp CEO Real Estate Development scott Shepherd Page 1 of 6 SCOTT SHEPHERD 415 / @ .com / San Francisco. CA 94104 Accomplished Executive with domestic and international experience in large-scale real estate development, operations, construction, and management. Strategic decision-maker that leads an executive team in driving innovation, profitability, and direction of vertically integrated business units; advancing qualified real estate and land opportunities; defining and achieving specific tactical objectives to source and close lucrative new business opportunities across various sectors; and building internal, investor, and jurisdictional consensus. Energetic, collaborative, honest and decisive. Track record of increasing revenues, streamlining operations and growing bottom line. Known for solving highly complex and difficult development projects and coalescing stakeholders to foster approvals. Raising the bar with new standards for housing development, creating a sense of place congruent with the community, and seamlessly integrating all the pieces. Broad experience visualizing and pricing out various sensitivities for new and redevelopment opportunities. ➢ Directed development projects as large as $375+ million with over 6,000 units of multifamily and subdivision lot development of new construction, in-fill development, and renovation. Master planned communities and mixed-use commercial retail and office. Sponsor in investment entities with market rate and complex affordable multifamily assets. State of California Class B General Contractor/ State of Illinois Managing Real Estate Broker/ BA in Economics and MS in Real Estate and Land Development. ➢ Keen listener and effective communicator considers all vantage points, translates complex processes into easily understood, actionable bites, and puts most stakeholders at ease. Expert at turning around resistant city officials and cementing positive, lasting working relationships with clients, investors, and public and private partners across product sectors. ➢ Pivotal Strengths – deep partnerships with regional healthcare systems and institutional owners and operators, value-add feasibility analysis and timely capital positioning, successful negotiation of necessary land entitlements and approvals, managing critical investment targets and partners, maximizing cost effective legal solutions at all phases, precise budget and schedule tracking, sunset investment exit-strategies PROJECT MILESTONES $11 million, 154 units Youngstown Ohio/ Seneca Oaks Apartments (OH) former Low-income Housing Tax Credit development acquired in 2013. Complex turnaround amidst a sustained decade long economic decline across all regional performance sectors including extremely tight capital markets. Resilient issues of drugs, gangs, and theft crimes, extremely low employment, and decades of mismanagement. Strategic collaboration with healthcare system; instituted fundamental real estate, capital investment, and business practices. Worked with Ohio Housing Finance Agency (OHFA) and HUD to vacate income restrictions and repositioned property with capital investment strategy and new management. Executive Management Strategic Planning Real Estate Development Global Operations Scott B. Shepherd 415 / @ / San Francisco, CA area Page | 2 $26 million, 115 units North Las Vegas/ Rose Gardens Townhomes (NV) Acquisition and rehabilitation of townhome development (100% Sec. 8 HAP Contract). Project is now the catalyst for the revitalization efforts in the neighborhood. Acquired the asset through complex UCC foreclosure, reposition with new FHA 221D (4) and an allocation of 4% LIHTC. City of North Las Vegas LIHTF loan. Value-add strategy led to preservation of asset and exit upon ultimate sale to new investment partnership lead by the Hampstead Companies. $24 million, 242 units Stockton California/ Park Village Apartments (CA) Section 8 housing (100% PBRA) in area of significant organized crime activity. Comprehensive redevelopment plan presented to city, HUD, owner and co-partner including new bond financing, CDBG loan, allocation of low income housing tax credits and new first mortgage. $55 Million, mixed-use residential and commercial portfolio Cincinnati Ohio/ Franciscan Home Development I-IV and 27,000 SF retail storefront spaces (OH) Difficult and complex scattered site development in 32 buildings. High profile workout including new capitalization, development and construction of 222 units and 18 commercial storefronts. Full community and stakeholder involvement including strategic partnership with Catholic Healthcare Partners (CHP). New issuance of non-competitive tax credits, private activity bonds, and debt leading to comprehensive neighborhood revitalization efforts in Over the Rhine. Partners and stakeholders included C-level executives at Kroger, Proctor & Gamble, Western Southern, Cincinnati Reds, CHP, 3CDC, and City of Cincinnati. The project was a successful public/private partnership that created fertile infill opportunities connecting other nodes of investment, which led to the overall revitalization of the OTR community. $22 million, 162 units Woodland California/ Casa del Sol Mobile Home Park (CA). Successful acquisition, development and full scale renovation of existing mobile home community including the construction of new state of the art community center, 21 new rental coaches, and full WWSD construction and replacement in situ. Complex multi-tier sequenced financing stacks including thirteen (13) sources - four (4) state agencies, three (3) commercial and private lenders, and six (6) sources of bridge and mezzanine debt with various takeout’s. Complex matrix overlay of income and rent restrictions from public grant and debt sources. Successful project served as gateway catalyst for downtown Woodland revitalization and blight removal. $375 Million, 2,130 acre Austin Texas/ Steiner Ranch Phases V through VIII (TX). Complicated final plat approvals which included endangered species, aquifer water recharge cover limitations, and other concessions. Community expansion including land entitlement, development and construction management for the now built-out Steiner Ranch. Production homebuilders included KB, Morrison, CENTEX, and Taylor Woodrow. Included new WWSD and pad construction for the Steiner Ranch Apartments. $365 Million, 975 acres Pflugerville, Texas/ Falcon Pointe Master Planned Community (TX). Master Planned community included land assembly, entitlements, development and construction management for the now completed Falcon Pointe Community. Included land development and pad construction for the Murchison Elementary School and Pflugerville High School. $200 Million, 120 acres Austin Texas / Austin Airport Centre (TX). Full entitlement and land development, which lead to the Austin Airport Fast Park and an established power retail center. Involved extensive (WWater) negotiation from private Municipal Utility District (MUD) and issuance of capital bond financing for full system infrastructure. Directed all aspects of real estate and land development. Scott B. Shepherd 415 / @ / San Francisco, CA area Page | 3 PROFESSIONAL EXPERIENCE CATEGORY III DEVELOPMENT CORP, Chicago, San Francisco, London, offices including integrated affiliates CATEGORY III AVIATION CORP, Chicago IL (aircraft ops based at KCCR) CATEGORY III PROPERTY MANAGEMENT, Chicago IL (asset based self-management entity) ARSENAL CONSTRUCTION San Francisco (Class B General Building Contractor) President and CEO, 2010 - Present Provide executive leadership for real estate development firm with three offices and net field profit of $3.9 million Execute and deliver all aspects of real estate investment, construction, development and support for full service real estate firm specializing in single and multifamily residential. COMMUNITY HOUSING OPPORTUNITIES CORPORATION (CHOC) – Northern California Executive Vice President, Development, 2007-2010 Create and execute strategic development plans for CA based mid-sized non-profit housing development company. Projects included LITHC, HUD financed, CalHFA, CA HCD, and local jurisdictions. Centralized operations in the California central valley. Portfolio included multifamily assets in excess of $400 million. MERCY HOUSING INC., Cincinnati, Ohio Vice President, Development – Midwest, 2003-2007 National housing developer with portfolio in excess of 22,000 units and $1.5+ billion in value. Led its Midwest regional office in Cincinnati with development and construction operations in Ohio and five (5) adjacent states. Relocated to Chicago to lead the strategic response to housing development in the gulf coast states after a series of natural disasters in 2005. TRAMMELL CROW COMPANY, Austin and Houston Texas Director of Development, 1998-2003 Commercial real estate development firm specializing in institutional projects. Commercial office, community retail centers, and residential master-planned communities throughout Texas. TRAMMELL CROW COMPANY, Denver CO Broker Associate, 1993-1998 Office leasing and commercial tenant representation for institutional and corporate real estate clients. Early Career included paralegal in the global real estate group at JONES DAY in Washington DC Affiliations Licensed Real Estate Managing Broker, Illinois - Active Licensed Class B General Building Contractor, California - Active Commercial Pilot – Multi-engine - Current Oakland Aviation Museum – Board of Directors - Former Art Institute of Chicago - Auxiliary Board - Former Scott B. Shepherd 415 / @ / San Francisco, CA area Page | 4 Museum of Modern Art - SFMOMA SECA Board Member - Creative Growth Oakland Member - National Business Aviation Association (NBAA) Member - Aircraft Owners and Pilots Association (AOPA) Mentor and Sponsor - Colorado Outward Bound School (COBS) Member - Tax Credit Advisory Group (Novogradac) Member – Urban Land Institute 1996-2016 Strategic Healthcare Partners – Catholic Health Partners -Cincinnati; CHRISTUS -Houston; Mercy Health – Blue Ash; Mercy Housing – San Francisco; Provena – Chicago; Education 1991- BA – University of Wisconsin – Milwaukee – Economics 2002 - MSLD/ MBA – Texas A&M University – Land and Real Estate Development Submit Date: Jun 03, 2018 Seat Name (if applicable) First Name Middle Initial Last Name Email Address Home Address Suite or Apt City State Postal Code Primary Phone Employer Job Title Occupation Contra Costa County Boards & Commissions Application Form Profile Which Boards would you like to apply for? Affordable Housing Finance Committee: Submitted Describe why you are interested in serving on this advisory board/commission (please limit your response to one paragraph). My career has been focused on work in the areas of supporting and expanding the supply of affordable housing and human services for the cities of Livermore and Pleasanton within Eastern Alameda County. In total, I have 15 years of experience administering and managing CDBG, HOME, and affordable housing programs. I have been a resident of San Ramon since 2011 and am interested in understanding more about the network of affordable housing and services agencies within Contra Costa County. The opportunity serve on this commission would allow me to learn more about what’s happening in other parts of the County regarding issues I care deeply about, and to give back to my community in a way that would benefit from my experience and knowledge. This application is used for all boards and commissions Frances D Sorrondegui San Ramon CA 94583 Mobile: City of Livermore Housing Programs Manager Local Government Manager Frances D Sorrondegui Page 1 of 7 If "Other" was Selected Give Highest Grade or Educational Level Achieved Name of College Attended Course of Study / Major Units Completed Degree Type Date Degree Awarded Do you, or a business in which you have a financial interest, have a contract with Contra Costa Co.? Yes No Is a member of your family (or step-family) employed by Contra Costa Co.? Yes No Education History Select the highest level of education you have received: Other College/ University A Type of Units Completed Quarter Degree Awarded? Yes No B.A. Degree Cal State Hayward Political Science/Public Administration 246.5 B.A. March 21, 2003 Frances D Sorrondegui Page 2 of 7 Name of College Attended Course of Study / Major Units Completed Degree Type Date Degree Awarded Name of College Attended Course of Study / Major Units Completed College/ University B Type of Units Completed Semester Degree Awarded? Yes No College/ University C Type of Units Completed None Selected Degree Awarded? Yes No Ohlone College Real Estate Broker Certificate 27 Certificate of Achievement Pending Final Approval Summer 2018 Frances D Sorrondegui Page 3 of 7 Degree Type Date Degree Awarded Course Studied Hours Completed Dates (Month, Day, Year) From - To Hours per Week Worked? Position Title Other schools / training completed: Certificate Awarded? Yes No Work History Please provide information on your last three positions, including your current one if you are working. 1st (Most Recent) Volunteer Work? Yes No Employer's Name and Address City of Livermore, Community Development Department 1052 S. Livermore Avenue Livermore, CA 94550 1/9/2018 - present 40 Housing Programs Manager Frances D Sorrondegui Page 4 of 7 Dates (Month, Day, Year) From - To Hours per Week Worked? Position Title Dates (Month, Day, Year) From - To Hours per Week Worked? Duties Performed Manage the City's Affordable Housing Programs, including the First-time Homebuyer and Inclusionary Housing (Below Market Rate Sale) programs; implement the City's Affordable Housing Ordinance (Impact fees, must-build ownership and rental housing policies), manage budgeting of the City's Affordable Housing Trust Fund; and, underwrite and project manage various affordable housing projects funded by the City. 2nd Volunteer Work? Yes No Employer's Name and Address City of Pleasanton 123 Main Street Pleasanton, CA 94568 Duties Performed Managed the City's CDBG, HOME and affordable housing programs. Coordinated with the Alameda County HOME Technical Advisory Committee on the CDBG and HOME programs. Oversaw the development and monitoring of housing projects within the City. Staff liaison to the City's Housing Commission and staff for the City's small Housing Authority. 3rd December 19, 2015 - December 22, 2016 40 Housing Manager May 9, 2003 - December 18, 2015 40 Frances D Sorrondegui Page 5 of 7 Position Title Upload a Resume If "Other" was selected please explain Volunteer Work? Yes No Employer's Name and Address City of Livermore, Community Development Department 1052 S. Livermore Avenue Livermore, CA 94550 Duties Performed Provided management level support for the City's Affordable Housing Programs, including the First-time Homebuyer and Inclusionary Housing (Below Market Rate Sale) programs; implementation of the City's Affordable Housing Ordinance, and project management of various affordable housing projects funded by the City. Final Questions How did you learn about this vacancy? Contra Costa County Homepage . Do you have a Familial or Financial Relationship with a member of the Board of Supervisors? Yes No If Yes, please identify the nature of the relationship: Do you have any financial relationships with the County such as grants, contracts, or other economic relations? Yes No Senior Management Analyst FDR_Resume_June_2018.pdf Frances D Sorrondegui Page 6 of 7 If Yes, please identify the nature of the relationship: Frances D Sorrondegui Page 7 of 7 FRANCES D. SORRONDEGUI (REISNER) (cell) ○ Email: SUMMARY OF QUALIFICATIONS Municipal manager with 15 years of experience successfully developing and administering housing and human services projects and programs. Able to navigate politically sensitive issues, communicate effectively and coordinate successfully with a diverse array of public and private organizations and community stakeholders. CORE COMPETENCIES • Project Management • Policy Development • Program Design • Grants Management (State & Federal) • Fiscal/Program Analysis • Contract Negotiation and Development • Regulatory Compliance • Community Outreach • Communication & Partnership Building EXPERIENCE Housing Programs Manager, January 2017 to present City of Livermore – Community Development Department ▪ Manage the City’s First Time Homebuyer and Affordable Housing Programs, including the Inclusionary Housing Program and Mortgage Assistance Programs. ▪ Project manage the development of City-funded affordable housing units, including new construction and acquisition/rehabilitation. ▪ Serve as Staff Liaison to the Tri-Valley Affordable Housing Committee and represent the City’s Housing section on other local and regional committees. ▪ Supervise housing staff and contractors in the administr ation of affordable housing programs. ▪ $15M Budgetary responsibility for the City’s First Time Homebuyer Programs, (State & Federal Grants) and projects funded through the City’s Housing Trust Fund (In Lieu Development Fees). ▪ Manage implementation of the City’s Inclusionary Housing Ordinance and make policy recommendations to the Housing and Human Services Division Manager. ▪ Oversee property management and compliance for City-owned and City-funded affordable housing units. Housing Manager, December 2015 to December 2016 City of Pleasanton – City Manager’s Office, Housing Division ▪ Manage the City’s Affordable Housing division the implementation of new affordable units, first time homebuyer, and rehabilitation programs ▪ Coordinate monitoring and oversight of City funded projects and liaison with project owners ▪ Serve as Staff Liaison to City’s Housing Commission. ▪ Supervise staff and contractors in the administration of affordable housing programs. ▪ Budgetary responsibility for the City’s Housing Division programs ▪ Manage the City’s Housing and Human Services Grant Program (CDBG & HOME) ▪ Manage the City’s Public Housing Authority responsibilities Accomplishments: Coordinated final disposition of the City’s Public Housing Authority property and the permanent financing close for Kottinger Gardens Phase 1 development (130 unit senior project). Successfully initiated a $330,900 grant award from State HCD which will be used to support Kottinger Gardens and leverage the City’s funds for Phase 2 of the development . Coordinated and oversaw the community-wide marketing and application processes for two large multi-family sites totaling 76 Below Market Rate units. Coordinated contracts and implemented changes to streamline and bring greater efficiency to the Housing Division’s programs. Senior Management Analyst, December 2013 to December 2015 City of Livermore – Community & Economic Development Department Accomplishments: Lead the acquisition, developer selection and loan negotiations for a 5- unit, market rate, multi-family building which was converted to special needs housing. Secured a $1,000,000 CalHome Grant from the State Housing and Community Development Department for the City’s Mortgage Assistance Program. Project managed and negotiated the Disposition and Development Loan Agreement with MidPen Housing for a 4- acre, City-owned commercial site to be redeveloped into a mixed income, ownership/rental housing project. Planned and coordinated the implementation of an award-winning single family acquisition/rehab homeownership program for Veterans in partnership with Habitat for Humanity. Housing Specialist, January 2010 to December 2013 City of Livermore – Community & Economic Development Departme nt Accomplishments: Coordinated the administration of a $2.3 million Neighborhood Stabilization Program Grant (NSP1) from the State of California representing several Alameda County jurisdictions. Negotiated and managed the contract for acquisition, rehabilitation and resale of 11 properties through that program, including two homes dedicated for special needs housing. Coordinated the program design for the regional Tri-Valley Down Payment Assistance Program. Human Services Specialist, February 2007 to January 2010 City of Livermore – Community Development Department ▪ Responsible for administration and compliance monitoring of projects funded through the Federal Community Development Block Grant (CDBG) and HOME Investment Partnership Program. ▪ Administered Housing and Human Services Grants allocation process for thirty sub- grantees annually. ▪ Staff Liaison to the City’s Human Services Commission. ▪ Planned and implemented programs in collaboration with other governmental and non-profit agencies. ▪ Represented the City on numerous other Human Services projects, boards and committees. Accomplishments: Coordinated the planning, development, funding and implementation of a school-based cooking education program in partnership with the Livermore Valley Joint Unifie d School District and Kaiser Permanente Community Health targeted to the lowest income “Title 1” schools in Livermore. Coordinated the development and construction of a school garden at a Portola Elementary (“Title 1” low income) which was a partnership project of the City and LVJUSD school nutrition office. Human Services Administrative Technician , July 2004 to February 2007 City of Livermore, Community Development Department (Promoted from a Temporary posit ion status which I held from May 2013 – July 2004) EDUCATION & Real Estate Brokers Certificate of Achievement (Pending award 2018) OTHER Ohlone College, Fremont, CA EXPERIENCE: Bachelor of Arts in Political Science, March 2003 Option in Public Affairs and Administration California State University, Hayward Panetta Institute of Public Policy, CSU Monterey Bay Congressional Internship, September 2002 to December 2002 Office of Congressman Fortney Pete Stark, Washington, D.C. ▪ Congressional Intern scholarship recipient representing CSU Hayward campus Associate of Arts in Individual Studies, June 2001 Foothill College, Los Altos Hills, California Graduated with High Honors CERTIFICATIONS & TRAININGS: Certified HOME Specialist, June 2006 U.S. Department of Housing and Urban Development Certificate of completion, July 2004 National Community Development Association (NCDA) CDBG Practitioner Training MEMBERSHIPS: Municipal Managers Association of Northern California (since 2013) REFERENCES: Available upon request. RECOMMENDATION(S): ADOPT Resolution No. 2019/58 modifying the Membership, Term of Office, Removal From Office, and Quorum and Vote Necessary for Action for the Knightsen Town Advisory Council, as recommended by Supervisor Diane Burgis. DECLARE vacant seats 1 through 5 on the Knightsen Town Advisory Council, and DIRECT the Clerk of the Board to post the vacancies, as recommended by Supervisor Diane Burgis. FISCAL IMPACT: None. BACKGROUND: The California Government Code (31010) provides that the Board of Supervisors may, by resolution, establish a municipal advisory council (MAC) for any unincorporated area in the County to advise the Board of Supervisors on such matters that relate to that area as may be designated by the Board of Supervisors concerning services which are or may be provided to the area by the County or other local government agencies, including but not limited to advice on matters of APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Lea Castleberry 925-252-4500 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 31 To:Board of Supervisors From:Diane Burgis, District III Supervisor Date:February 26, 2019 Contra Costa County Subject:Modifying the Membership of the Knightsen Town Advisory Council BACKGROUND: (CONT'D) public health, safety, welfare, public works, and planning. Section 31010 further provides that the Board of Supervisors may determine the method by which a MAC’s members shall be selected and may specify such other rules, regulations and procedures as may be necessary for the operation of a MAC. The members of the Knightsen Town Advisory Council (TAC) and the Knightsen Community Services District (CSD) Board of Directors had expressed interest in having the elected Knightsen CSD Directors perform the Knightsen TAC functions from January 1, 2013 to December 31, 2016. Effective January 1, 2006, the Community Services District law expressly contemplates that members of a CSD Board of Directors may serve on a Municipal Advisory Council and that the offices of Director and Council member are not incompatible. (Gov. Code, § 61040 (d).) From January 1, 2011 to present, the members of the Knightsen Community Services District (CSD) Board of Directors served ex officio as the members of the Knightsen Town Advisory Council (TAC). On June 14, 2018, the Knightsen CSD Board of Directors reviewed its members’ role and service as members of the Knightsen TAC and voted to separate the membership of the elected Knightsen CSD from the appointed membership of Knightsen TAC. The members of the CSD Board of Directors will no longer serve as the members of Knightsen TAC. Therefore, Resolution 2019/58 would make the following changes for the Knightsen TAC: The “Membership” provision would be amended to specify that the Council shall consist of five (5) members, each of whom shall be appointed by the Board of Supervisors, upon nomination of the District 3 Supervisor; and The “Term of Office” provision would be amended to specify that the Council Members shall serve a four-year term which shall be coterminous to the term of the office of the District Supervisor nominating the member. Provisions addressing “Removal from Office” and “Quorum and Vote Necessary for Action” would be reinstated. CONSEQUENCE OF NEGATIVE ACTION: The seats on the Knightsen TAC will remain vacant. AGENDA ATTACHMENTS Resolution 2019/58 2009 Approved Knightsen TAC Boundary Map MINUTES ATTACHMENTS Signed: Resolution No. 2019/58 Vacancy Notice THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/26/2019 by the following vote: AYE:4 John Gioia Candace Andersen Karen Mitchoff Federal D. Glover NO: ABSENT:1 Diane Burgis ABSTAIN: RECUSE: Resolution No. 2019/58 MODIFYING THE MEMBERSHIP OF THE KNIGHTSEN TOWN ADVISORY COUNCIL WHEREAS, pursuant to Resolution No. 94/153, the Knightsen Town Advisory Council (TAC) was created to advise the Board of Supervisors on specified matters relating to the community of Knightsen; and WHEREAS, the members of the Knightsen Community Services District (CSD) Board of Directors served as the Knightsen TAC during the period of January 1, 2011 through December 31, 2012; and WHEREAS, the Knightsen CSD Board of Directors agreed that its members would also serve as the members of the to Knightsen TAC for an additional four years, to be coterminous with the District 3 Supervisor’s term, ending December 31, 2016; and WHEREAS, as of June 14, 2018, the members of the Knightsen CSD voted to separate the membership of the Knightsen CSD from the membership of the Knightsen TAC, and the members of the CSD will no longer serve as members of the TAC; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS, in its capacity as governing Board of the County of Contra Costa, that: Establishment of the Knightsen Town Advisory Council pursuant to the authority granted by Section 31010 of the California Government Code, the Knightsen Town Advisory Council (“Council”) is re-affirmed. 1. Territorial Area: The area for which the Council will serve and discharge the following duties and powers is that area contained within the boundaries indicated on the attached map marked exhibit A, and approved August 4, 2009 (hereafter referred to as the “Knightsen Community.”) 2. Membership: The Council shall consist of five (5) members, each of whom shall be residents of the Knightsen Community and who shall be appointed by the Board of Supervisors, upon nomination of the District 3 Supervisor. 3. Term of Office: The Council Members shall serve a four (4) year term which shall be coterminous to the term of the office of the District Supervisor nominating the member. The Board shall fill vacancies on the Council by appointment. 4. Removal from Office: Each appointed member of the Council serves at the pleasure of the Board of Supervisors and may be removed, at will, by a majority vote of the Board of Supervisors. 5. Council Duties and Powers: The Council shall advise the Board of Supervisors on land-use planning matters affecting the Knightsen Community and may represent the Knightsen Community before the Board of Supervisors, the County Planning Commission and the Zoning Administrator on such issues as land-use, planning and zoning. The Council may also represent the Knightsen Community before the Local Agency Formation Commission (LAFCO) on proposed boundary changes affecting the community. 6. The Council may advise the Board of Supervisors on services which are or may be provided to the Knightsen Community by Contra Costa County or other local government agencies. Such services include, but are not limited to, public health, safety, welfare, public works, and planning. The Council may also provide input and reports to the Board of Supervisors, County staff or any County hearing body on issues of concern to the community. It is understood that the Board of Supervisors is the final decision making authority with respect to issues concerning the Knightsen Community and that the Council shall serve solely in an advisory capacity. Except as specified above, the Council and its individual members acting on behalf of the Council may not represent the Knightsen Community to any state, other county, city, special district or school district, agency or commission, or any other organization on any matter concerning the community. In addition, the Council may not, as a body, take positions on candidates for any public office. Quorum and Vote Necessary for Action: A quorum shall be 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 total number of authorized positions, not by a majority vote of the quorum. (With five authorized positions, a quorum is three members; three affirmative votes are necessary for action.) 7. Compensation: The Council Members shall serve without compensation of any kind, and the Board shall not provide funds for the payment of Council meeting stipends or reimbursement of Council members’ expenses. 8. Staff and Financial Support: (a.) Until such time that the Board determines there is sufficient budgetary capacity, the Board shall provide no ongoing professional or clerical staff support to the Council or funds to pay for any Council’s operating costs. (b.) County staff will provide the Council in a timely manner with information and reports on planning matters (proposed General Plan and zoning changes, land-use permits, variance and subdivision applicants, etc.) transportation issues or projects, or any such matters which take place in, or will effect on, the Knightsen Community. LAFCO staff will notify the Council of any boundary or sphere changes which may affect the Knightsen Community. 9. Council Funds: Any funds transferred to or received by the County for the Council shall be accepted pursuant Resolution No. 2005/628 and only used for benefit of the Council and its area. 10. Council Establishment: Not Subject to Vote. The issue of establishment of the Council shall not be an election item submitted to the voters of the Knightsen Community. 11. Council Operations and Procedural Rules Within the parameters of this Resolution, the Council may organize itself and operate as it determined but shall hold regular meetings at least monthly at an established time and place. The Council may develop bylaws for operation of the Council, but such bylaws must be approved by the Board of Supervisors to be effective. The Council meetings shall be conducted in accordance with the provisions of the “Brown Act” (Government Code 54950 ff.) including the pre-meeting posting of meeting calendar notices. In addition, the Council shall fully comply with the Board of Supervisors’ policy concerning conflict of interest and open meetings (Resolution No. 2002/376), the Board’s policy governing appointments to boards, committees, and commissions (Resolution No. 2002/377), the Board’s policies for Municipal Advisory Councils (approved December 16, 2008), and the Political Reform Act (Government Code sections 81000 ff.) as applicable. 12. This resolution supersedes and replaces Resolution No. 2013/13.13. Contact: Lea Castleberry 925-252-4500 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Knightsen TAC Bo unda ry Ma p Sellers AveDelta Rd Sunset Rd Byron HwyChestnut St E Cypress Rd Bixler RdOrwood Rd Holland Tract Rd HOLLANDTRACT PALMTRACT ORWOODTRACT BIXLERTRACT VEALETRACT OAKLEY BRENTWOOD Ap p ro ved Knightsen TAC Bo unda ry Sp ecia l No tifica tio n Area s Urba n Limit Line City Limits ²Bo unda ry a p p ro ved August 4th, 2009by Co ntra Co sta Co unty DCD, GIS Gro up651 Pine Street, 4th Flo o r – No rth Wing, Ma rtinez, CA 94553-0095 37:59:48.455N 122:06:35.384W These ma p s w ere crea ted by the Co ntra Co sta Co unty Dep a rtment o f Co nserva tio n a nd Develo p ment w ith da ta fro m the Co ntra Co sta Co unty GIS Pro gra m. The ma p s co nta in co p yrighted info rma tio n a nd ma y no t be a ltered. Users o f this ma p a gree to rea d a nd a ccep t the Co unty o f Co ntra Co sta discla imer o f lia bility fo r geo gra p hic info rma tio n. 0 0.75 1.50.375 Miles RECOMMENDATION(S): RE-APPOINT the following individual as the District V Representative, Regular Seat, to the Fish & Wildlife Committee with a term to expire February 28, 2023, as recommended by Supervisor Federal D. Glover. Daniel Pellegrini FISCAL IMPACT: None. BACKGROUND: The Fish & Wildlife Committee advises the Board of Supervisors on fish and wildlife issues in Contra Costa County. Make recommendations to the Board of Supervisors for the expenditure of funds from the Fish and Wildlife Propagation Fund pursuant to Fish and Game Code Section 13103. Address issues surrounding the enforcement of fish and game laws and regulations in the County. Consider other issues which may from time to time be referred to the Committee by the Board of Supervisors. CONSEQUENCE OF NEGATIVE ACTION: Seat would remain vacant. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Vincent Manuel (925) 608-4200 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 32 To:Board of Supervisors From:Federal D. Glover, District V Supervisor Date:February 26, 2019 Contra Costa County Subject:RE-APPOINT DANIEL PELLEGRINI TO THE FISH & WILDLIFE COMMITTEE CHILDREN'S IMPACT STATEMENT: None. RECOMMENDATION(S): APPOINT the following persons to the East Richmond Heights Municipal Advisory Council: Members: Justin Guay Thomas Janci Anthony King Joann Pavlinec Brenda Wiliams Alternates: Victoria Lynn Curtis Lisa Raffel FISCAL IMPACT: None APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: James Lyons, 510-231-8692 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 33 To:Board of Supervisors From:John Gioia, District I Supervisor Date:February 26, 2019 Contra Costa County Subject:APPOINT the following persons to the East Richmond Heights Municipal Advisory Council BACKGROUND: Supervisor Gioia recommends reappointing these members to the East Richmond Heights Municipal Advisory Council RECOMMENDATION(S): APPOINT Jason Parks to the position of Chief Information Security Officer - Exempt (LWS1) at Step 3 of the salary range effective March 1, 2019, with the following additional terms of employment: a. One-time accrual of 80 hours of vacation time b. Vacation accrual rate at time of appointment to be rate for 11 years of service, pursuant to Section 1.17 of the Management Resolution c. All other benefits as provided in the current Management Resolution applicable to the position of Chief Information Security Officer - Exempt. FISCAL IMPACT: No additional fiscal impact as this action fills a budgeted vacant position. The annual estimated cost of the position is $209,000 for salary and benefits, including $42,000 for pension costs and will be recovered through service fees charged to user departments. BACKGROUND: In October of 2018, the HR department commenced its recruitment to fill APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Dianne Dinsmore (925) 335-1766 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 34 To:Board of Supervisors From:Marc Shorr, Chief Information Officer Date:February 26, 2019 Contra Costa County Subject:APPOINT Chief Information Security Officer-Exempt - Jason Parks BACKGROUND: (CONT'D) the Chief Information Security Officer - Exempt position which was created in August of 2018. The position was advertised nationwide, including at Careersingovernment.com, Dice.com, LinkedIn, the Municipal Information Systems Association of California and multiple Information Security Professional Associations. By the end of the three week recruiting period, a total of 31 resumes were received. Of these applicants, 10 were asked to provide additional information. After additional candidate screening and interviews, six finalists were chosen to be interviewed by the DOIT Management and Technical panels. Following a series of interviews, reference checks and other background investigation, Jason Parks was selected for the position. Mr. Parks currently serves as the Principal Information Systems Analyst at Butte County where he was instrumental in analysis, design, implementation and administration of the County's security processes to ensure the County's security requirements and compliance were met. Mr. Parks has successfully led large-scale organization-wide projects. He is passionate about the Information Security field and actively participates in Professional Information Security Associations, including serving as the Chairman for the Information Security Forum for the California Counties Information Services Directors' Association. He looks forward to applying his skills and energies to the benefit of Contra Costa County. Jason Parks will appointed Chief Information Security Officer - Exempt at Step 3 of the salary range effective March 1, 2019. CONSEQUENCE OF NEGATIVE ACTION: The County will not have a Chief Information Security Officer to lead and deploy the County's information technology security efforts. RECOMMENDATION(S): APPROVE Appropriations and Revenue Adjustment No. 5049 authorizing new revenue in the Sheriff's Office (0255) in the amount of $82,500 from the U.S. Department of Homeland Security, 2016 Port Security Grant and appropriating it for the Sheriff's Office purchase of sonar equipment. FISCAL IMPACT: Zero Net County Cost. $82,500 Federal funds. BACKGROUND: Resolution No. 2017/322 authorized the Office of the Sheriff to accept a grant from the U.S. Department of Homeland Security, The Sheriff’s Office intends to use 2016 Port Security Grant funding to purchase equipment and pay for maintenance to further enhance the security capabilities established with previous Port Security Grants. The 2016 Port Security Grant funding will provide the Sheriff’s Office and critical facilities with increased reconnaissance, surveillance, and detection capabilities to better respond to potential threats and incidents; fill APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 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. 35 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:February 26, 2019 Contra Costa County Subject:Appropriation Adjustment - Sonar Equipment (2016 Port Security Grant) BACKGROUND: (CONT'D) capability shortfalls and further integrate our capabilities with the U.S. Coast Guard and allied jurisdictions; and provide for the purchase of essential equipment. The initial funding will allow for the Office of the Sheriff to purchase side scan sonars for underwater search and recovery operations. The U.S. Department of Homeland Security (DHS) recognizes the critical importance of the Port of Richmond, the petroleum and chemical production and distribution facilities, bridges, and other infrastructure in Contra Costa County. The ports, rails, pipelines, and other critical infrastructure in the vicinity of the littoral plain will benefit from additional security efforts afforded through the 2016 Port Security Grant. The Port of Richmond is ranked number three in the State of California for total trade behind Los Angeles and Long Beach with 24,743,520 tons of cargo each year. The Port ranks number one in liquid bulk and automobile tonnage among Bay Area ports. The County has more than 200 miles of linear coastline that includes waterways that provide access to the Ports of Richmond and Stockton. The commuter bridges of the County carry more than 305,000 automobiles per day. The rail bridge connecting Contra Costa and Solano Counties carry passenger, military cargo, automobiles, and a wide variety of other cargo. The increased capabilities made available through the 2016 Port Security Grant will enable the Sheriff’s Office to provide enhanced security deterrence, patrol and response, and multi-agency coordination necessary to secure critical sites and infrastructure and thus deter attack and protect life, property and prosperity. CHILDREN'S IMPACT STATEMENT: No impact. AGENDA ATTACHMENTS TC24/47 5049 MINUTES ATTACHMENTS Signed: Appropriations & Adjustments No. 5049 RECOMMENDATION(S): APPROVE Appropriations and Revenue Adjustment No. 5050 authorizing new revenue in the Sheriff's Office (0255) in the amount of $117,002 from the Boating Safety and Enforcement Equipment Grant and appropriating it for the purchase and installation of diving equipment and training for the Sheriff's Dive team. FISCAL IMPACT: Zero Net County Cost. $117,002 State funds. BACKGROUND: The California State Parks, Division of Boating and Waterways has announced a grant opportunity under its Boating Safety and Enforcement Equipment Grant Program (BSEE). In accordance with Title 14, 6594.1 of the California Government Code of Regulations, California State Parks, Division of Boating and Waterways provides grants to local government agencies to purchase boating safety and law enforcement equipment. The Office of the Sheriff will use grant funds for equipment and training to transition their Dive team to using surface supplied air during dive operations. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 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:February 26, 2019 Contra Costa County Subject:Appropriation Adjustment - Diving Equipment and Training (Boating Safety and Enforcement Equipment Grant) AGENDA ATTACHMENTS TC24/27 5050 MINUTES ATTACHMENTS Signed: Appropriations & Adjustments No. 5050 RECOMMENDATION(S): Acting as the Governing Board of the Contra Costa County Fire Protection District, APPROVE Appropriation and Revenue Adjustment No. 5054 authorizing revenue in the amount of $1,300,000 from CCCFPD General Operating Fund Balance and appropriating it in the Contra Costa County Fire Protection District (7300) for the purchase of a Type 1 Hazardous Materials Response Vehicle. FISCAL IMPACT: 100% CCCFPD General Operating Fund Balance. BACKGROUND: The Contra Costa County Fire Protection District (District) requested authorization to execute a purchase contract to purchase a Type 1 Hazardous Materials Response Vehicle on the February 12, 2019 District Board meeting, item C. 4. This adjustment will appropriate the funds in the correct expenditure account to allow for the purchase. In 2016, the Fire District made a strategic decision to initiate the formation of a hazardous materials team within the organization that would be staffed on a 24-hour basis to respond to and mitigate hazardous materials incidents within the Fire District. An agreement APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Aaron McAlister, Assistant Fire Chief 925-941-3300 x1103 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 37 To:Contra Costa County Fire Protection District Board of Directors From:Jeff Carman, Chief, Contra Costa County Fire Protection District Date:February 26, 2019 Contra Costa County Subject:Appropriation and Revenue Adjustment - Type 1 Hazardous Material Vehicle BACKGROUND: (CONT'D) was reached with the California Office of Emergency Services Fire and Rescue Division (CA OES) to become an assignee of a Type 2 Response Vehicle.This agreement provided training for the members of the organization to become qualified in this specialty. Our team has been up and running since the OES vehicle was delivered in April of 2018 and continues to develop in capabilities. The Hazardous Materials Team operates from an assigned vehicle from CA OES and is completely reliant on that vehicle. Recently, the vehicle was out of service for over 30 days while it received warranty related repairs in Sacramento. This compromises our ability to respond to incidents. The agreement with CA OES also has some restrictive rules about how the vehicle can be utilized locally. Ideally, the District would have some back up or reserve capability as it does for engines, ladder trucks and other apparatus. The matter before the Board allows the District to purchase a Type 1 Hazardous Materials Response Vehicle that will be owned and operated by the District. This will allow the CA OES vehicle to serve in a back up or reserve capacity. Additionally, the District desires to upgrade the team to a Type 1 Hazardous Materials Response Team in the future. Acquiring this vehicle will allow the District to plan for that enhanced future capability. CONSEQUENCE OF NEGATIVE ACTION: The District would continue to rely on the California Office of Emergency Services assigned vehicle and would not have back up capability when that vehicle is out of service. AGENDA ATTACHMENTS TC 24/27 5054 MINUTES ATTACHMENTS Signed: Appropriations & Adjustments No. 5054 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 22417 to add three (3) Social Casework Assistant (XDVB) (represented) positions at Salary Plan and Grade 255 1434 ($5,079 – $6,173), and cancel one (1) vacant Eligibility Worker II (XHVA) (represented) position number 15424 at Salary Plan and Grade 255 1100 ($3,648 – $4,435) and two (2) vacant Eligibility Worker III (XHTB) (represented) positions numbers 4974 and 4527 at Salary Plan and Grade 255 1334 ($4,600 - $5,591) in the Employment and Human Services Department, Children and Families Services Bureau. FISCAL IMPACT: Upon approval of this action, the annual cost will be offset by the cancellation of one vacant Eligibility Worker II position, and two vacant Eligibility Worker III positions, resulting in a net annual salary and benefit cost increase of $51,809, with pension cost of $18,132 included. These positions will be funded with 44% Federal, 45% State revenue, and 11% County General Fund revenue resulting in an annual net county cost of $5,697. The net County cost for the remainder of FY 2018/2019 will be $2,848. There is no impact to the County General Fund as the action cost will be funded within the Department's current allocation. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Bao Tran (925) 608-5027 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Bao Tran C. 38 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:February 26, 2019 Contra Costa County Subject:Add (3) Social Casework Assistant (XDVB), and Cancel (1) Eligibility Worker II, (2) Eligibility Worker III BACKGROUND: Employment and Human Services Department has identified a need to add three Social Casework Assistants in the Children and Family Services Bureau. The Department has also identified three vacant Eligibility Worker II/III positions that will be cancelled to offset the salary and benefits costs. Social Casework Assistants perform services such as visitation supervision, parent training, home visits, transportation, relative notification, family finding, and placement support; all of which are mandated services for Child Welfare. These mandated services meet the "reasonable efforts" findings in court hearings, and assure the Department has met its legal obligation in assisting families and their children. The Continuum of Care Reform passed by the State Legislature is a major initiative to place children in a family setting rather than residential group care. In order to comply with the mandates of this legislation, the Department needs to build an infrastructure for a robust recruitment, family finding and respite program. Social Casework Assistant will perform these functions for the agency while allowing Social Workers to focus on family service delivery and risk assessment. CONSEQUENCE OF NEGATIVE ACTION: If these positions are not added, Children and Family Services will not have sufficient staff to be in compliance with state mandated requirements, thus placing children at risk of multiple placement changes and remaining in long term foster care. CHILDREN'S IMPACT STATEMENT: The services provided by the Social Casework Assistant will meet all of Contra Costa County’s community outcomes: (1) Children Ready for and Succeeding in School; (2) Children and Youth Healthy and Preparing for Productive Adulthood; (3) Families that are Economically Self Sufficient; (4) Families that are Safe, Stable and Nurturing; and (5) Communities that are Safe and Provide a High Quality of Life for Children and Families. AGENDA ATTACHMENTS P300 No. 22417 EHSD MINUTES ATTACHMENTS Signed P300 22417 POSITION ADJUSTMENT REQUEST NO. 22417 DATE 11/19/2018 Department No./ Department Employment and Human Services Budget Unit No. 0502 Org No. 5216 Agency No. 19 Action Requested: Add three (3) Social Casework Assistant (XDVB)(represented) positions at Salary and Grade 255 1434 ($5,079–6,173) and cancel one (1) vacant Eligibility Worker II (XHVA)(represented) position #15424 at Salary and Grade 255 1100 ($3,648–4,435), and two (2) vacant Eligibility Worker III (XHTB)(represented) positions #4974 and 4527 at Salary and Grade 255 1334 ($4,600-5591) in the Employment and Human Services Dept. Proposed Effective Date: 1/1/2019 Classification Quest ionnaire 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 $51,833.00 Net County Cost $5,702.00 Total this FY $25,916.00 N.C.C. this FY $2,851.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 44% Federal, 45% State revenue,and 11% County General Fun d Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Bao Tran 608-5027 ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Julia Taylor 1/15/2019 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 2/1/2019 Add three (3) Social Casework Assistant (XDVB) (represented) positions at Salary Plan and Grade 255 1434 ($5,079 – $6,173) and cancel one (1) vacant Eligibility Worker II (XHVA) (represented) position number 15424 at Salary Plan and Grade 255 1100 ($3,648 – $4,435), and two (2) vacant Eligibility Worker III (XHTB) (represented) positions numbers 4974 and 4527 at Salary Plan and Grade 255 1334 ($4,600 - $5,591) in EHSD. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) Amanda Monson 2/1/2019 ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 2/19/2019 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Enid Mendoza Other: ____________________________________________ ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 REQUEST FOR PROJECT POSITIONS Department Date 2/19/2019 No. xxxxxx 1. Project Positions Reques ted: 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 & Benefit s Costs : b. Support Cost s : (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 RECOMMENDATION(S): ACCEPT the 2018 Annual Report of Real Estate Delegation of Leases and Licenses dated January 1, 2018 through December 31, 2018, approved by the Public Works Director to lease real property for use by the County or to obtain the use of real property for the County by license, and to amend real property leases and/or licenses to permit improvements or alterations, under certain circumstances, Brentwood, Clayton, El Sobrante and Martinez areas. FISCAL IMPACT: No fiscal impact BACKGROUND: Pursuant to the Contra Costa County, Ordinance Code, Title 11, Division 1108, Chapter 1108-10.002, The Board of Supervisors authorizes the Public Works Director, or designee, to perform all acts necessary to lease real property for use by the County or to obtain the use of real property for the County by license, as long as the term of the lease or license does not exceed five years and the rental under the lease or license does not exceed $7,500 per month and to amend APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Karen A. Laws, 925-957-2456 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 39 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 26, 2019 Contra Costa County Subject:ACCEPT the 2018 Annual Report of Real Estate Delegation of Leases and Licenses dated January 1, 2018 through December 31, 2018, Countywide. BACKGROUND: (CONT'D) real property leases or licenses to permit improvements or alterations, or both, under the following conditions: (1) the total cost under an amendment may not exceed $7,500; (2) an amendment may not extend the term of the lease or license; and (3) no more than two amendments, not to exceed $7,500 each, may be made within a 12-month period. The Public Works Director shall submit a semi-annual report to the Board of Supervisors on each lease or license done pursuant to this section, including the interest acquired, its price, and the necessity for the lease or license, which is described in the attached Annual Delegation of Leases and Licenses Report. The Semi-Annual Reports for 2018 were not submitted to the Board of Supervisors; therefore an Annual Report is being submitted at this time. Submittal of Semi-Annual Reports will resume in July 2019 for January 2019 through June 2019. CONSEQUENCE OF NEGATIVE ACTION: The Board of Supervisors would not be informed of the leases and licenses accepted by the Public Works Director pursuant to Contra Costa County Ordinance Code 2014-18. ATTACHMENTS 2018 Report of Delegation of Leases and Licenses RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Agreement #29-820 with the City of San Pablo, a government agency, to pay the County an amount not to exceed $60,570 for the Coordinated Outreach, Referral and Engagement (CORE) Program to provide homeless outreach services, for the period from December 1, 2018 through November 30, 2019. FISCAL IMPACT: Approval of this Agreement will allow the County to receive an amount not to exceed $60,570 from the City of San Pablo to provide homeless outreach services. No 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 #29-820 will allow County to receive funds to operate the CORE Program APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 40 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 26, 2019 Contra Costa County Subject:Agreement #29-820 with the City of San Pablo BACKGROUND: (CONT'D) and provide services to the City of San Pablo 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, County will not receive funding and without such funding, the CORE program may have to operate at a reduced capacity. ATTACHMENTS RECOMMENDATION(S): APPROVE and AUTHORIZE the County Clerk-Recorder, or designee, to execute three (3) contracts with the California Secretary of State to pay the County in the following amounts for the following purposes: 1) Contract #18G26107 in the amount not to exceed $55,000 for Polling Place Americans with Disabilities Act (ADA) Accessibility; 2) Contract # 18G27107 in the amount not to exceed $55,000 for Cyber Security and Infrastructure; and 3) Contract #18G30107 in the amount not to exceed $3,647,000 for Voting System Replacement. The term of all three contracts is through June 30, 2021. The grants are a combination of Federal and State monies. FISCAL IMPACT: The Voting System Replacement grant requires a 1:1 match of County to State funds. There is no match required for the ADA and Cyber Security grants. The County may claim half the cost of voting system purchases, with certain restrictions. If the Department utilizes all of the available grants, it will preserve $3,757,000 of General Fund monies for other purposes. BACKGROUND: The ADA contract is an extension of an existing federal Help America Vote Act (HAVA) grant program, whereas the Cyber Security grant is a new federal HAVA grant. The Voting System Replacement grant is State-funded and may be used by the County both retroactively for reimbursement of the the cost of the APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Scott O. Konopasek, 925-335-7808 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 41 To:Board of Supervisors From:Joseph E. Canciamilla, Clerk-Recorder Date:February 26, 2019 Contra Costa County Subject:Approval of Grant Contracts with the Secretary of State BACKGROUND: (CONT'D) voting system purchased in 2018 and for reimbursement of future purchases of voting equipment. CONSEQUENCE OF NEGATIVE ACTION: Should the County not execute the grant contracts, the County will not be reimbursed with State funds for 50% of the cost of voting system purchases. The County will not be able to use federal funds to enhance and upgrade ADA Accessibility and Cyber security for the County and its voters. These purchases would need to be funded with General Fund monies. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Memorandum of Understanding #28-382-1 (DOJ-PROP56-2018-19-1-008) with the California Department of Justice (DOJ), effective upon completion of all signatures, to pay the County an amount not to exceed $838,379, for tobacco prevention outreach services in Contra Costa County through June 30, 2021. FISCAL IMPACT: Approval of this Grant Agreement will allow the County to receive funding in an amount not to exceed $838,379 from the California Department of Justice. No County match is required. BACKGROUND: While close to 90% of Contra Costans are non-smokers, smoking is still the number one preventable cause of death in California. Smoking causes ischemic heart disease and stroke, and also causes many different types of cancers. The University of California Tobacco-Related Disease Research Program reports that the healthcare costs associated with smoking in Contra Costa California were estimated to be over 334.5 million in 2009. Specific populations continued to be targeted by the Tobacco Industry, and these populations are APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm C. 42 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 26, 2019 Contra Costa County Subject:Memorandum of Understanding #28-382-1 with California Department of Justice BACKGROUND: (CONT'D) disproportionality affected by tobacco-related health disparities. In July 2017, the Contra Costa Board of Supervisors adopted new tobacco control laws to protect youth from tobacco influences in the retail environment. Current funding streams do not pay for direct enforcement of these newly adopted policies. The Tobacco Prevention Program goals are to: (1) reduce second hand smoke exposure; (2) reduce pro-tobacco influences; (3) reduce access to tobacco products; and (4) build community capacity to address tobacco-related health disparities through community level tobacco prevention policies. Approval of Memorandum of Understanding #28-382-1 will allow the Health Services Department’s Tobacco Prevention Program to provide tobacco prevention outreach services, through June 30, 2021. This Agreement includes agreeing to indemnify the State for any claims arising out of the County’s performance under the agreement. CONSEQUENCE OF NEGATIVE ACTION: If this Memorandum of Understanding is not approved, the County will not be able to provide additional tobacco prevention services to residents of Contra Costa County. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Amendment Agreement #28-344-7 (07-17EVRGRN) with the California Department of Health Care Services (DHCS), effective July 1, 2019, to make minor language changes to allow the County to continue to participate in and be reimbursed for Targeted Case Management (TCM) services provided to County recipients. FISCAL IMPACT: Approval of this Agreement will result in approximately $10,000,000 per year in funds payable to County for the TCM services, from the California Department of Health Care Services. No additional County match is required. BACKGROUND: Since 1997, the Department of Health Care Services has funded many Local Governmental Agencies to provide TCM. TCM is a Federal Program which provides comprehensive case management services to individuals within a specified target group. Due to California’s “Bridge to Reform”, Section 1115 Medicaid demonstration waiver and the related Medi-Cal managed care expansion, new TCM policies and procedures require a new TCM Provider Participation Agreement with the DHCS including transitioning to an evergreen agreement. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm C. 43 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 26, 2019 Contra Costa County Subject:Amendment Agreement #28-344-7 with the California Department of Health Care Services BACKGROUND: (CONT'D) Approval of Amendment Agreement #28-344-7 will replace the prior MEDS language and replace with MEDSLITE language and allow the County to continue to provide and be reimbursed for TCM services until terminated by either party. This agreement includes agreeing to indemnify the State for any claims arising out of the County’s performance under the agreement. CONSEQUENCE OF NEGATIVE ACTION: If this agreement is not approved, the County will not receive funds accessible to continue the TCM services. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Grant Award Amendment #29-393-29 with the California Department of Public Health, Tuberculosis (TB) Control Branch, to amend Grant Award #29-393-28, to increase the amount payable to County by $3,061 from $285,092 to a new total of $288,153, with no change in the original term of July 1, 2018 through June 30, 2019. FISCAL IMPACT: Approval of this amendment will result in an increase of $3,061 for the County’s TB Control Program from the State of California, TB Control Branch for fiscal year 2018-2019. (No County match required) BACKGROUND: The Contra Costa County, Public Health Department maintains a TB Control Program, which serves all reported TB patients and their contacts in Contra Costa County. Outreach services are provided to reach the “Hard-to Reach” people with TB and those at high risk. The TB control staff work within the Communicable Disease Section in collaboration with the HIV/AIDS Program, Substance Abuse Programs, Contra Costa Regional Medical Center and Health Centers, and providers throughout the County. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm C. 44 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 26, 2019 Contra Costa County Subject:Award Amendment #29-393-29 with the California Department of Public Health, Tuberculosis Control Branch BACKGROUND: (CONT'D) On July 24, 2018, the Board of Supervisors approved acceptance of Grant Award #29-393-28 with the California Department of Public Health, TB Control Branch, for the County’s TB Control Program, for the period from July 1, 2018 through June 30, 2019. Approval of Grant Award Amendment #29-393-29 will allow the Department to receive additional funds to continue to expand its prevention and control activities, through June 30, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the County will not receive additional funds for services which would result in a decrease in the number of TB patients who receive appropriate treatment and therefore increasing the spread of TB. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Grant Agreement #28-384 (State #18-10551) with the California Department of Public Health, Nutrition Education and Obesity Prevention Branch (NEOPB), in an amount payable to the County not to exceed $450,000, for the County’s Nutrition and Physical Activity Promotion Program, for the period from September 30, 2018 through September 29, 2023. FISCAL IMPACT: Approval of this agreement will result in an amount not to exceed $450,000 of State funding for the County’s Nutrition and Physical Activity Promotion Project. No County match required. BACKGROUND: Poor nutrition and low levels of physical activity are significant risk factors for obesity and other chronic diseases such as type 2 diabetes, heart disease, stroke, hypertension, certain cancers, and depression. These diseases are too common, very costly, and more likely to affect certain population groups at higher rates such as those of lower socioeconomic status. Physical activity and adequate nutrition early in life supports healthy growth and brain development APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 45 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 26, 2019 Contra Costa County Subject:Agreement #28-384 with the California Department of Public Health, Nutrition Education and Obesity Prevention Branch BACKGROUND: (CONT'D) and protects against life-threatening and chronic disease. Unfortunately, a high percentage of Americans are not meeting recommended national guidelines for nutrition and physical activity. Approval of Grant Agreement #28-384 will allow the County to provide education on healthful nutrition and physical activity practices to reduce risk for chronic disease to low-income Contra Costa County residents. The County is agreeing to indemnify and hold harmless the State for claims arising out of County’s performance under this Contract CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the County will not receive funds to educate County residents on healthful nutrition and physical activity practices, to help reduce risk for chronic disease. ATTACHMENTS RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Amendment Agreement #28-528-58 with the County of Alameda Health Care Services Agency to increase the total payment to County by $521,414 from $1,358,235, to a new amount not to exceed $1,879,649 for additional coordination of essential services to Contra Costa County residents with HIV Disease and their families, with no change in the term of March 1, 2018 through February 28, 2019. FISCAL IMPACT: Approval of this amendment agreement will result in an increase of $521,414 from the County of Alameda, as the Grantee of federal funds under the Ryan White HIV/AIDS Treatment Modernization Act of 2009, Part A. No County match is required. BACKGROUND: The U.S. Department of Health and Human Services has designated the County of Alameda as “Grantee” for the purpose of administering the Ryan White HIV/AIDS Treatment Modernization Act of 2009, Part A, funds for coordination of essential services to Contra Costa County residents with HIV Disease and their families. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm C. 46 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 26, 2019 Contra Costa County Subject:Amendment Agreement #28-528-58 with the County of Alameda Health Care Services Agency BACKGROUND: (CONT'D) On November 6, 2018, the Board of Supervisors approved Contract #28-528-57 with the County of Alameda Health Care Services Agency, as the fiscal agent for Ryan White CARE Act, Title I and Minority AIDS Initiative funds, for coordination of services to Contra Costa residents with HIV disease and their families, for the period from March 1, 2018 through February 28, 2019. Approval of Amendment Agreement #28–528–58 will provide additional funding to allow the County to continue providing coordination of services to Contra Costa residents with HIV disease and their families through February 28, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this amendment agreement is not approved, County will not receive additional funds to provide continuous coordination of essential services to Contra Costa County residents with HIV Disease and their families. RECOMMENDATION(S): APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a subcontract agreement with the Association of Bay Area Governments (ABAG), to pay the County an amount not to exceed $210,069 for energy efficiency program marketing, education, and outreach by County staff during the period from January 1, 2019 through December 31, 2019. FISCAL IMPACT: There will be no impact to the General Fund. The California Public Utilities Commission (CPUC) funding allocation is expected to cover all of the costs that would be incurred to support the BayREN program. BACKGROUND: In July 2012, the County entered into a Memorandum of Understanding (MOU) establishing the Bay Area Regional Energy Network (BayREN), a collaborative partnership among the nine Bay Area counties (Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, and Sonoma Counties) and led by the Association of Bay Area Governments (ABAG), for the purpose of facilitating the implementation of energy efficiency programs throughout the Bay Area. On May 5, 2015, a Restated and Revised MOU was approved by the County to better define the roles and responsibilities of ABAG and the counties participating in BayREN. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Demian Hardman (925) 674-7826 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 47 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:February 26, 2019 Contra Costa County Subject:2019 Bay Area Regional Energy Network Subcontract Agreement between Association of Bay Area Governments and Contra Costa County BACKGROUND: (CONT'D) In late 2012, the CPUC approved BayREN as a pilot program (effective January 1, 2013) to implement Energy Efficiency (EE) Programs for the purpose of filling gaps in EE Program activities not being offered by the Investor Owned Utilities (IOUs, such as PG&E) or Community Choice Aggregators (CCAs, such as MCE). Since 2013, all BayREN counties have been receiving CPUC funding each calendar year to provide marketing, education and outreach for various EE Programs offered through BayREN. On May 31, 2018, the CPUC approved, among other things, the BayREN business plan that increased the annual BayREN budget by approximately $5.8 Million and allocated a similar amount of funding each year thereafter through calendar year 2025 (Decision 18-05-041). The BayREN business plan approved by the CPUC also included the design and implementation of a new commercial sector EE Program as well as the continuation of the following EE Programs: (1) Single-Family, (2) Multi-Family; (3) Building Codes and Standards; and (4) Energy Efficiency Financing. The Single-Family and Multi-Family subprograms offer free technical services and financial incentives (rebates) if owners/contractors make specific energy efficiency improvements to existing residential structures. The Building Codes and Standards program offers various resources (including training) to support local government officials with building energy code compliance and enforcement. The Energy Efficiency Financing program focuses on marketing various financing options to diverse commercial and residential consumer markets throughout the Bay Area. Continued implementation and expansion of these energy efficiency programs are consistent with the County's Climate Action Plan adopted in 2015. The proposed subcontract agreement between ABAG and Contra Costa County will allow the County continued access to CPUC funding allocated to ABAG to implement BayREN programs throughout Contra Costa County. The amount specified in the agreement is not to exceed $210,069 and will cover the period of January 1, 2019 through December 31, 2019. These funds are to cover County costs associated with promoting the program for both incorporated and unincorporated areas of the County. Technical services and rebates offered by BayREN for these activities are directly administered by ABAG and are funded separately under the overall BayREN budget approved by the CPUC. Under the subcontract, the County must indemnify the other counties and ABAG for claims alleging intellectual property infringement related to materials the County prepares. The County also must indemnify the CPUC and Pacific Gas and Electric (PG&E) for claims that arise from the County's performance of its obligations under the subcontract. CONSEQUENCE OF NEGATIVE ACTION: The County will not receive funding to participate in BayREN activities or provide the associated energy efficiency program services to local residents and property owners. The County would also not have funding to support the energy efficiency activities specified in the County’s Climate Action Plan. RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, on behalf of the Alliance to End Abuse, to apply for and accept grant funding from the Department of Justice, Office of Violence against Women, to fund domestic violence, stalking, and sex trafficking prevention, outreach, and awareness activities particularly focused on the inclusion and engagement of male role models and public influenced in prevention efforts, in an amount not to exceed $350,000 for the period October 1, 2019 through September 30, 2022. FISCAL IMPACT: County to receive an amount not to exceed $350,000 from the Department of Justice (DOJ), Office of Violence Against Women (OVW). Funding is 100% Federal, with no County match required. BACKGROUND: The goal of the OVW Grant Program to Address Children and Youth Experiencing Domestic Violence and Sexual Assault & Engage Men and Boys as Allies (CYEM Program) is to support comprehensive, community-based efforts to develop or expand prevention, intervention, treatment, and response strategies to address the needs of children and youth impacted by sexual assault, domestic violence, dating violence, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 48 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:February 26, 2019 Contra Costa County Subject:United States Department of Justice, Office of Violence Against Women Grant Funding BACKGROUND: (CONT'D) stalking, and sex trafficking. The OVW grant will allow the Alliance to End Abuse to create and utilize a coordinated community response team to oversee and guide project activities. This team will meet regularly to develop the strategic plan, discuss projects goals and activities, review successes and challenges, and ensure activities are coordinated across organizations. In addition, the Alliance will provide a trained crisis counselor for participants at all educational, outreach, and training events. As part of the grant, the Alliance will engage in a planning phase prior to project implementation, which will include conducting a community strengths and needs assessment, and developing a strategic plan for implementing project activities. This grant funding will be used to increase efforts to combat stalking, including the intersection of stalking and/or cyberstalking with teen dating violence. EHSD’s Alliance to End Abuse will partner with contracted partners to deliver the education, outreach and awareness activities outlined in the proposal application to the DOJ Office of Violence Against Women. Additional partners may be identified and added as needed. Pros and Cons of request: Pros: Develops and implements strategies that focus on the inclusion and engagement of male adults as role models and public influencers in prevention efforts including primary prevention strategies and activities that address sexual assault, domestic violence, dating violence, stalking, and sex trafficking; Integrating men’s organizations’ and/or programs into project development and activities; and Developing or utilizing an existing curriculum for training male leaders on sexual assault, domestic violence, dating violence, stalking or sex trafficking. Cons: Sustainability of program funding beyond end of grant term, September 30, 2022. CONSEQUENCE OF NEGATIVE ACTION: Without funding, the Alliance Against Abuse will continue to face an increasing number of vulnerable clients and victims of domestic violence, dating violence, stalking and/or sex trafficking, including those who are high risk for victimization and perpetration. RECOMMENDATION(S): ADOPT Resolution No. 2019/56 approving and authorizing the Sheriff-Coroner or designee, to apply for and accept a California Division of Boating and Waterways Surrendered and Abandoned Vessel Exchange Grant in an initial allocation of $200,000 for the abatement of abandoned vessels and the vessel turn in program on County waterways for the period beginning October 1, 2019 through the end of the grand funding availability. FISCAL IMPACT: $200,000; 90% State, 10% In kind match (Budgeted). BACKGROUND: The California Division of Boating and Waterways (DBW) is prepared to award Surrendered and Abandoned Vessel Exchange grant to the Office of the Sheriff to assist the Sheriff's Marine Patrol with the removal of abandoned vessels and water hazards. The funding provided by this grant will enable the Marine Patrol Unit to remove abandoned vessels and identified hazards to vessel navigation in a continued effort to protect life and property on the waterways within Contra Costa County. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 49 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:February 26, 2019 Contra Costa County Subject:California Division of Boating and Waterways Surrendered and Abandoned Vessel Exchange Grant CONSEQUENCE OF NEGATIVE ACTION: Negative action on this request will result in the loss of State funding designed to significantly increase the safety and security of persons and property on the waterways within Contra Costa County. CHILDREN'S IMPACT STATEMENT: None. AGENDA ATTACHMENTS Resolution 2019/56 MINUTES ATTACHMENTS Res 2019_56 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/26/2019 by the following vote: AYE:4 John Gioia Candace Andersen Karen Mitchoff Federal D. Glover NO: ABSENT:1 Diane Burgis ABSTAIN: RECUSE: Resolution No. 2019/56 IN THE MATTER OF : Applying for and Accepting the FY 2019/2020 California Division of Boating and Waterways Surrendered and Abandoned Vessel Exchange Grant. WHEREAS, the County of Contra Costa is seeking funds available through the California Division of Boating and Waterways Surrendered and Abandoned Vessel Exchange Grant; 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 behalf of the County of Contra Costa, a public entity established under the laws of the State of California, any action necessary for the purpose of obtaining financial assistance provided by the State of California for the Surrendered and Abandoned Vessel Exchange Grant. 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to accept funding in the amount of $3,223.76 from Contra Costa County Office of Education for Quality Rating and Improvement System Infant-Toddler programs, for the grant term July 1, 2018 through June 30, 2019. FISCAL IMPACT: This grant is 100% federal funding with no county match required. CFDA # 93.575 BACKGROUND: On February 1, 2019 the Employment and Human Services Department (Department) was notified by the Contra Costa County Office of Education that the Department was to awarded a Quality Rating and Improvement System (QRIS) Infant-Toddler grant, in the amount of $3,223.76. The funds are to be used to provide training, technical assistance and resource to assist the Contra Costa College and Ambrose Children's Centers to meet a higher tier of quality determined by the QRIS rating matrix. CONSEQUENCE OF NEGATIVE ACTION: If not approved, infant-toddler childcare classrooms will not be able to access valuable training, technical assistance and resources. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: CSB (925) 681-6389 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Nasim Eghlima, Amy Wells, Teresita Foster C. 50 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:February 26, 2019 Contra Costa County Subject:Quality Rating Improvement System grant award CHILDREN'S IMPACT STATEMENT: The Employment and Human Services Department’s Community Services Bureau, Head Start program 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 children from low income families throughout Contra Costa County. RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with the California Department of Community Services and Development to increase the payment limit to the County by $1,796,401 for an amount not to exceed $3,702,690 for Low Income Home Energy Assistance Programs, with no change to term October 1, 2018 through June 30, 2020. FISCAL IMPACT: This grant is 100% funded with federal dollars passed through California Department of Community Services and Development. The CFDA number is 93.568. No county match required. The state agreement number is 19B-5005 / amend 1; county agreement number is 39-806-40. BACKGROUND: Contra Costa County has received funding from the State Department of Community Services and Development for 25 years, wherein the County provides energy bill assistance payments and weatherization services to county residents who are income-eligible to receive said services. The funding sources include Low Income Home Energy Assistance Program (LIHEAP), the Energy Crisis Intervention Program (ECIP), APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: CSB, 925-681-6304 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Sam Mendoza, Nelly Ige C. 51 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Date:February 26, 2019 Contra Costa County Subject:2018-2020 Low Income Home Energy Assistance Program Funding Amendment BACKGROUND: (CONT'D) the Department of Energy (DOE), the Low Income Weatherization Program (ILIWP) and the Toilet Retrofit Program (TRP). The Employment and Human Services Department (EHSD) partners with the county Department of Conservation and Development to provide energy saving home improvements to low-income families throughout unincorporated Contra Costa County, as well as the County’s nineteen cities. The energy savings measures may provide homes with hot water heaters, furnaces, refrigerators, microwaves, doors, windows, fluorescent light bulbs, weather stripping, ceiling fans, and attic insulation. Homes receive a blower door test (a diagnostic tool to locate and correct air infiltration), and homes with gas appliances receive a combustion appliance safety test that checks for carbon monoxide gas leakage. Homes with gas appliances are provided with a carbon monoxide alarm. This funding also includes the Home Energy Assistance Program (HEAP) where residents of the County can qualify for a credit on their energy bills. These programs use income based eligibility. The income levels are based on the Federal Fiscal Year 2017 Poverty Guidelines. Once eligibility is determined, clients with no hot water, no heat, or are in danger of having their power shut off are served as emergencies. Service is then based on clients with the lowest income, highest energy burden and families with at least one resident who is considered vulnerable population. The Board approved receipt of initial funding on September 11, 2018 (c.53) in the amount of $1,906,289. This board order is to approve an amendment to increase the payment limit by $1,796,401. The State routinely adds funding to these contracts as federal budgets are finalized. CONSEQUENCE OF NEGATIVE ACTION: If not approved, County may not receive funding to operate LIHEAP. CHILDREN'S IMPACT STATEMENT: The Employment and Human Services Department, Community Services Bureau energy program supports one Contra Costa County community outcome - Outcome #4: "Families that are Safe, Stable and Nurturing." This outcome is supported by the provision of home energy assistance to keep households warm in winter and to increase household energy efficiency. RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Public Works Director, to execute a purchase order with Spartan Tank Lines in an amount not to exceed $400,000 for fuel, for the period March 1, 2019 through February 29, 2020, Countywide. FISCAL IMPACT: This cost is to be 100% funded through Fleet Services ISF budget. (100% Fleet Internal Service Funds) BACKGROUND: Public Works Fleet Services is responsible for the County fueling station on Waterbird Way. The Materials Management Division purchases fuel for the station by accepting daily bids from fuel distributors. We have five vendors currently submitting bids. We are set up to purchase fuel from four of them. All four vendors are in need of new purchase orders. Southern Counties is our primary vendor, followed by Ramos Oil Co., Valley Pacific Petroleum, and Hunt & Sons Inc. This request is for Spartan Tank Lines. CONSEQUENCE OF NEGATIVE ACTION: If this purchase order is not approved, the purchase of fuel from Spartan Tank Lines will not be possible. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Ted Lavelle 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 52 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 26, 2019 Contra Costa County Subject:APPROVE a Purchase Order with Spartan Tank Lines RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Public Works Director, to execute a purchase order with Valley Pacific Petroleum in an amount not to exceed $400,000 for fuel, for the period March 1, 2019 through February 29, 2020, Countywide. FISCAL IMPACT: This cost is to be 100% funded through Fleet Services ISF budget. (100% Fleet Internal Service Funds) BACKGROUND: Public Works Fleet Services is responsible for the County fueling station on Waterbird Way. The Materials Management Division purchases fuel for the station by accepting daily bids from fuel distributors. We have five vendors currently submitting bids. We are set up to purchase fuel from four of them. All four vendors are in need of new purchase orders. Southern Counties is our primary vendor, followed by Ramos Oil Co., Spartan Tank Lines, and Hunt & Sons Inc. This request is for Valley Pacific Petroleum. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Ted Lavelle 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 53 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 26, 2019 Contra Costa County Subject:APPROVE a Purchase Order with Valley Pacific Petroleum CONSEQUENCE OF NEGATIVE ACTION: If this purchase order is not approved, the purchase of fuel from Valley Pacific Petroleum will not be possible. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #77-032-2 with Vibra Hospital of Sacramento, LLC, a Limited Liability Company, in an amount not to exceed $700,000, to provide long term acute care services to Contra Costa Health Plan (CCHP) members, for the period from February 1, 2019 through January 31, 2020. FISCAL IMPACT: This contract is funded 100% by CCHP Enterprise Fund II. (Rate increase) BACKGROUND: On March 27, 2017, the Board of Supervisors approved Contract #77-032-1 with Vibra Hospital of Sacramento, LLC, to provide long term acute care hospital services for CCHP members for the period from February 1, 2018 through January 31, 2019. Approval of Contract #77-032-2 will allow the Contractor to continue to provide long term acute care services for CCHP members through January 31, 2020. This contract includes mutual indemnification to hold harmless both parties for any claims arising out of the performance of this contract. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Sharron Mackey, 925-313-6104 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: K Cyr, M Wilhelm C. 54 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 26, 2019 Contra Costa County Subject:Contract #77-032-2 with Vibra Hospital of Sacramento, LLC CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialty health care services for CCHP members under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. RECOMMENDATION(S): APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay each of up to eleven (11) In-Home Supportive Services (IHSS) Public Authority Advisory Council (AC) members $24 per meeting attendance for up to three (3) AC meetings per month for a total cost not to exceed $5,808 in stipends to defray meeting attendance costs for the period July 1, 2019 through June 30, 2020, as recommended by the Employment and Human Services Director. FISCAL IMPACT: The total cost of AC stipends for a one-year period is $5,808. These costs are covered entirely by IHSS funds, which are 50% Federal and 50% State. BACKGROUND: The Council's members receive $24 stipend(s) to attend AC meetings paid through the Auditor-Controller to defray meeting attendance costs of members. This helps positively support the Advisory Council's diversity, retention, attendance rates and participation. CONSEQUENCE OF NEGATIVE ACTION: Without stipends, meeting costs may be prohibitive to member attendance. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 55 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:February 26, 2019 Contra Costa County Subject:In-Home Supportive Services Public Authority Advisory Council Stipends RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Public Works Director, to execute a purchase order with Garland/DBS, Inc., in an amount not to exceed $1,000,000 for roofing and waterproofing supplies, for the period March 1, 2019 through February 28, 2021, Countywide. FISCAL IMPACT: This cost is to be funded through Public Works Facilities Services Budget (100% General Fund) BACKGROUND: Public Works Facilities Maintenance is responsible for roofing repairs and maintenance. Garland/DBS Inc. can offer the County custom roofing and waterproofing supplies utilizing US Communities national pricing. Utilizing this type of government pricing guarantees Public Works fair pricing and exceptional delivery service for roofing and waterproofing supplies. Public Works is requesting this purchase order be approved for a period covering the next two years. CONSEQUENCE OF NEGATIVE ACTION: If this purchase order is not approved, roofing and waterproofing supplies from Garland/DBS, Inc., will not proceed. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 56 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 26, 2019 Contra Costa County Subject:APPROVE a Purchase Order with Garland/DBS, Inc. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #76-521-12 with Nanda Kisor Sinha, M.D., an individual, in an amount not to exceed $540,000 to provide orthopedic services to Contra Costa Regional Medical Center (CCRMC) and Contra Costa Health Centers patients for the period April 1, 2019 through March 31, 2022. FISCAL IMPACT: This Contract is funded 100% by Hospital Enterprise Fund I. BACKGROUND: On April 19, 2016, the Board of Supervisors approved Contract #76-521-11 with Nanda K. Sinha, M.D., to provide orthopedic services, including but not limited to clinical coverage, consultation, training and on-call services at Contra Costa Regional Medical Center (CCRMC) and Contra Costa Health Centers, for the period from April 1, 2016 through March 31, 2019. Approval of Contract #76-521-12 will allow the Contractor to continue to provide orthopedic services at CCRMC and Contra Costa Health Centers through March 31, 2022. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: A Floyd , M Wilhelm C. 57 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 26, 2019 Contra Costa County Subject:Contract #76-521-12 with Nanda Kisor Sinha, M.D. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, patients requiring orthopedic services at CCRMC and Contra Costa Health Centers will not have access to the Contractor’s services. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #26-874-3 with META Dynamic, Inc., a corporation, in an amount not to exceed $35,000, including mutual indemnification to provide a guidance navigation system, related software, accessories and certified technicians for tumor locating in the Surgical Unit at Contra Costa Regional Medical Center (CCRMC) and Health Centers for the period from November 1, 2018 through October 31, 2019. FISCAL IMPACT: This contract is funded 100% Hospital Enterprise Fund I. (No rate increase) BACKGROUND: On November 14, 2017, the Board of Supervisors approved Contract #26-874-2 with META Dynamic, Inc., for the provision of guidance navigation system, related software, accessories and certified technicians for tumor locating in the Surgical Unit at CCRMC and Health Centers, for the period from November 1, 2017 through October 31, 2018. Approval of Contract #26-874-3 will allow the Contractor to continue to provide tumor locating services APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: A Floyd , M Wilhelm C. 58 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 26, 2019 Contra Costa County Subject:Contract #26-874-3 with META Dynamic, Inc. BACKGROUND: (CONT'D) through October 31, 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 contract is not approved, patients requiring tumor locating procedures will not have access to Contractor’s services. RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner (1) a purchase order with Crayon Software Experts, LLC., for a three year term, in an amount not to exceed $972,000.00 to purchase Microsoft Office 365 software, hosting, and support services for the Office of the Sheriff, and (2) a Microsoft Enterprise Enrollment agreement with Microsoft Corporation for the Office of the Sheriff to receive Microsoft Office 365 software, hosting, and support services for the period January 19, 2019 to January 19, 2022. FISCAL IMPACT: $972,000.00. 100% General Fund; Budgeted BACKGROUND: The Office of the Sheriff has been using Microsoft Office 365 for file sharing and e-mail applications for the past three years. This purchase order will replace the previous blanket purchase order (F002725) and renew our existing licenses for another three-year period. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Liz Arbuckle, Heike Anderson, Paul Reyes C. 59 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:February 26, 2019 Contra Costa County Subject:Purchase Order - Crayon Software Experts, LLC. RECOMMENDATION(S): APPROVE and AUTHORIZE the Chief Engineer, or designee, to execute a contract amendment with Horizon Water and Environment, LLC, (Contractor) to extend the term from March 13, 2019 to March 13, 2020, with no change to the original payment limit, for continued specialized program support and coordination services, Countywide. FISCAL IMPACT: 100% Flood Control District Funds APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Trina Torres (925)313-2176 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Ave Brown - Environmental Division Manager, Trina Torres , Liza Mangabay C. 60 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 26, 2019 Contra Costa County Subject:APPROVE and AUTHORIZE the Chief Engineer, or designee, to execute a contract amendment with Horizon Water and Environment, LLC. BACKGROUND: This amendment will extend the contract to complete the final reviews of the Streambed Maintenance Agreement Program and environmental permitting assistance with the various regulatory agencies for all work within creeks in Contra Costa County. This agreement was written by the Contractor and has been submitted to the regulatory agencies for their review and comments. Once we receive comments from the regulatory agencies, then the Contractor will assist in the preparation of the response to comments. This agreement represents four years of preparation between the FC District and the regulatory agencies. Without the contract amendment, the FC District might not be able to complete this Streambed Maintenance Agreement, that will greatly handicap our abilities to perform routine maintenance within our creeks and waterways. All other conditions and terms in the original contract entered into on March 13, 2014 between the FC District and Contractor, remain in full force and effect. CONSEQUENCE OF NEGATIVE ACTION: Without the approval of the Board of Supervisors, the District will be unable to continue on-call services for specialized program support and coordination. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #76-579-2 with Jamal J. Zaka, M.D., an individual, in an amount not to exceed $182,000 to provide pulmonology services to Contra Costa Regional Medical Center (CCRMC) and Contra Costa Health Centers patients for the period April 1, 2019 through March 31, 2020. FISCAL IMPACT: This contract is funded 100% by Hospital Enterprise Fund I. BACKGROUND: On February 6, 2018, the Board of Supervisors approved Contract #76-579-1 with Jamal J. Zaka, M.D., to provide pulmonology services, including but not limited to clinical coverage, consultation, training and on-call services at Contra Costa Regional Medical Center (CCRMC) and Contra Costa Health Centers, for the period from April 1, 2018 through March 31, 2019. Approval of Contract #76-579-2 will allow the Contractor to continue to provide pulmonology services at CCRMC and Contra Costa Health Centers through March 31, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: A Floyd , M Wilhelm C. 61 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 26, 2019 Contra Costa County Subject:Contract #76-579-2 with Jamal J. Zaka, M.D. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, patients requiring pulmonology services at CCRMC and Contra Costa Health Centers will not have access to the Contractor’s services. RECOMMENDATION(S): APPROVE and AUTHORIZE the County Counsel, or designee, to execute, on behalf of Contra Costa County, a contract for specialized professional services with the Law Offices of Amy Oppenheimer. FISCAL IMPACT: Provision for outside legal services is included in the appropriate FY 2018/19 department operating budgets. Costs and payments are administered by the County Administrator's and County Counsel's Offices. BACKGROUND: From time to time, the County requires specialized expertise in the area of employment law and workplace investigations. The Law Offices of Amy Oppenheimer has specialized expertise in the area of employment law and workplace investigations. The services of the Law Offices of Amy Oppenheimer will be of assistance to the County Counsel's Office in rendering legal advice to the County. CONSEQUENCE OF NEGATIVE ACTION: The County will be unable to obtain the firm's services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Mary Ann Mason, Chief Assistant County Counsel, (925) 335-1800 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Mary Ann Mason, Chief Assistant County Counsel, Law Offices of Amy Oppenheimer (via County Counsel), David Twa, Clerk of the Board of Supervisors, Dianne Dinsmore, Director of Human Resources C. 62 To:Board of Supervisors From:Sharon L. Anderson, County Counsel Date:February 26, 2019 Contra Costa County Subject:Approval of Contract for Specialized Professional Services RECOMMENDATION(S): APPROVE AND AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #77-207 with Joint Preservation Institute, A Professional Corporation, in an amount not to exceed $200,000, to provide orthopedic surgery and sports medicine services for Contra Costa Health Plan (CCHP) members, for the period March 1, 2019 through February 28, 2021. FISCAL IMPACT: This Contract is funded 100% by CCHP Enterprise Fund II. BACKGROUND: Under Contract #77-207, Contractor will provide orthopedic surgery and sports medicine services to CCHP members for the period March 1, 2019 through February 28, 2021. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized health care services for CCHP members under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Sharron Mackey, 925-313-6104 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: K Cyr, M Wilhelm C. 63 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 26, 2019 Contra Costa County Subject:Contract #77-207 with Joint Preservation Institute, A Professional Corporation RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #72-126 with Thermo Fisher Scientific (Asheville), LLC, a limited liability company, in an amount not to exceed $5,745, to provide maintenance services for four (4) ultra low freezers at Public Health Laboratory, for the period February 15, 2019 through February 14, 2022. FISCAL IMPACT: This contract is funded 100% by Public Health Laboratory fees. BACKGROUND: Under Contract #72-126, Contractor will provide maintenance services for four (4) ultra low freezers at Public Health Laboratory for the period from February 15, 2019 through February 14, 2022. This contract includes modifications to County’s standard indemnification clause. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 64 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 26, 2019 Contra Costa County Subject:Contract #72-126 with Thermo Fisher Scientific (Asheville), LLC CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the Health Services Department will not have access to Contractor’s services. CHILDREN'S IMPACT STATEMENT: RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #27-622-8 with Young M. Kim, M.D., dba Young’s OB/GYN, a Sole Proprietor, in an amount not to exceed $500,000, to provide obstetrician-gynecology (OB/GYN) services to Contra Costa Health Plan (CCHP) members and County recipients for the period from March 1, 2019 through February 28, 2021. FISCAL IMPACT: This contract is funded by 100% CCHP Enterprise Fund II, with no rate increase. BACKGROUND: On February 14, 2017, the Board of Supervisors approved Contract #27-622-7 with Young M. Kim, M.D., dba Young’s OB/GYN, to provide OB/GYN services to CCHP members and County recipients, for the period from March 1, 2017 through February 28, 2019. Approval of Contract #27-622-8 will allow Contractor to continue providing OB/GYN services through February 28, 2021. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Sharron Mackey, 925-313-6104 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: noel garcia, Marcy Wilhelm C. 65 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 26, 2019 Contra Costa County Subject:Contract #27-622-8 with Young M. Kim, M.D. (dba Young’s OB/GYN) 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. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #27-687-7 with Hilltop Radiology, LLC, a Limited Liability Company, in an amount not to exceed $1,000,000 to provide diagnostic imaging services to Contra Costa Health Plan (CCHP) members and County recipients for the period from March 1, 2019 through February 28, 2021. FISCAL IMPACT: This contract is funded by 100% CCHP Enterprise Fund II. (No rate increase) BACKGROUND: On January 17, 2017, the Board of Supervisors approved Contract #27-687-6 with Hilltop Radiology, LLC, to provide diagnostic imaging services to CCHP members and County recipients, for the period from March 1, 2017 through February 28, 2019. Approval of Contract #27-687-7 will allow Contractor to continue providing diagnostic imaging services through February 28, 2021. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Sharron Mackey, 925-313-6104 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: noel garcia, Marcy Wilhelm C. 66 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 26, 2019 Contra Costa County Subject:Contract #27-687-7 with Hilltop Radiology, LLC 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. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #77-065-1 with Vibrantcare Outpatient Rehabilitation of California, Inc., a Corporation, in an amount not to exceed $500,000, to provide physical therapy services to Contra Costa Health Plan (CCHP) members and County recipients for the period from March 1, 2019 through February 28, 2021. FISCAL IMPACT: This Contract is funded by 100% CCHP Enterprise Fund II, with no rate increase. BACKGROUND: On December 13, 2016, the Board of Supervisors approved Contract #77-065 with Vibrantcare Outpatient Rehabilitation of California, Inc., to provide physical therapy services to CCHP members and County recipients, for the period from March 1, 2017 through February 28, 2019. Approval of Contract #77-065-1 will allow Contractor to continue providing physical therapy services through February 28, 2021. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Sharron Mackey, 925-313-6104 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: noel garcia, Marcy Wilhelm C. 67 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 26, 2019 Contra Costa County Subject:Contract #77-065-1 with Vibrantcare Outpatient Rehabilitation of California, Inc. 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. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #27-743-6 with Herculean Babies Pediatrics, a Corporation, in an amount not to exceed $750,000 to provide pediatric primary care services to Contra Costa Health Plan (CCHP) members and County recipients for the period from March 1, 2019 through February 28, 2021. FISCAL IMPACT: This contract is funded by 100% CCHP Enterprise Fund II. (No rate increase) BACKGROUND: On February 7, 2017, the Board of Supervisors approved Contract #27-743-5 with Herculean Babies Pediatrics, to provide pediatric primary care services to CCHP members and County recipients, for the period from March 1, 2017 through February 28, 2019. Approval of Contract #27-743-6 will allow Contractor to continue providing pediatric primary care services through February 28, 2021. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Sharron Mackey, 925-313-6104 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: noel garcia, Marcy Wilhelm C. 68 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 26, 2019 Contra Costa County Subject:Contract #27-743-6 with Herculean Babies Pediatrics 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. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #72-100-7 with Concord Yellow Cab, Inc., a corporation, effective December 1, 2018, to amend Contract #72-100-2, (as amended by Amendment Agreements #72-100-4 and #72-100-5) to increase the payment limit by $40,000, from $100,000 to a new payment limit of $140,000, with no change in the term of April 1, 2018 through March 31, 2019. FISCAL IMPACT: This amendment is funded 100% by State funds. (No rate increase) BACKGROUND: In April 2018, the County Administrator approved and the Purchasing Services Manager executed Contract #72-100-2, (as amended by Agreement Amendment #72-100-4 and #72-100-5) with Concord Yellow Cab, Inc., a corporation, to provide non-emergency transportation services for County residents with HIV disease, for the period from April 1, 2018 through March 31, 2019. Approval of Contract Amendment Agreement #72-100-7 will allow the Contractor to provide additional transportation services through March 31, 2019. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: E Suisala , M Wilhelm C. 69 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 26, 2019 Contra Costa County Subject:Amendment #72-100-7 with Concord Yellow Cab, Inc. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, the County residents with HIV disease will not have access to the Contractor’s services. ATTACHMENTS RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #74-572-1 with Suzanne K. Tavano, Ph.D., an individual, effective March 1, 2019, to amend Contract #74-572, to increase the payment limit by $84,000, from $78,400 to a new payment limit of $162,400, with no change in the term of September 1, 2018 through August 31, 2019. FISCAL IMPACT: This amendment is funded 100% by Mental Health Realignment. (No rate increase) BACKGROUND: In August 2018, the County Administrator approved and the Purchasing Services Manager executed Contract #74-572 with Suzanne K. Tavano, Ph.D., an individual, to provide consultation and technical assistance to the Behavioral Health Director with regard to Managed Care including adopting Managed Care Final Rules and associated requirements and reviewing past Triennial and External Quality Review Organization audits, for the period from September 1, 2018 through August 31, 2019. Approval of Contract Amendment Agreement #74-572-1 will allow the Contractor to provide additional consultation and technical assistance services through August 31, 2019. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: E Suisala , M Wilhelm C. 70 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 26, 2019 Contra Costa County Subject:Amendment #74-572-1 with Suzanne K. Tavano, Ph.D. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, the County will not have access to the Contractor’s consultation and technical services. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #72-028-14 with Contra Costa Interfaith Transitional Housing Inc. (dba Contra Costa Interfaith Housing, Inc.), a non-profit corporation, in an amount not to exceed $174,097, to provide housing advocacy services for people with HIV for the period from March 1, 2019 through June 30, 2020. FISCAL IMPACT: This contract is funded 100% by Federal Department of Housing and Urban Development (HUD). (No rate increase) BACKGROUND: In March 2018, the County Administrator approved and the Purchasing Services Manager executed Contract #72-028-12, (as amended by Contract Amendment Agreement #72-028-13) with Contra Costa Interfaith Transitional Housing Inc. (dba Contra Costa Interfaith Housing, Inc.), to provide housing advocacy services for people with HIV for the period from March 1, 2018 through February 28, 2019. Approval of Contract #72-028-14 will allow the Contractor to continue providing housing advocacy services through June 30, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: E Suisala , M Wilhelm C. 71 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 26, 2019 Contra Costa County Subject:Contract #72-028-14 with Contra Costa Interfaith Transitional Housing, Inc. (dba Contra Costa Interfaith Housing, Inc.) CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, clients will not receive services from this contractor. RECOMMENDATION(S): Approve and Authorize the Health Services Director, or designee, to execute on behalf of the County Contract #26-614-13 with Sodexo America, LLC, a limited liability company, in an amount not to exceed $430,000, to provide management and oversight of the Environmental Services Unit at Contra Costa Regional Medical Center (CCRMC) and Contra Costa Health Centers, for the period January 1, 2019 through December 31, 2019. FISCAL IMPACT: This contract is funded 100% Hospital Enterprise Fund I. (Rate increase) BACKGROUND: On March 13, 2018, the Board of Supervisors approved Contract #26-614-12 with Sodexo America, LLC, for the provision of management and oversight of the Environmental Services Unit at CCRMC and Contra Costa Health Centers, for the period from January 1, 2018 through December 31, 2018. Approval of Contract #26-614-13 will allow Contractor to continue to provide management and oversight of the Environmental Services Unit through December 31, 2019. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Jaspreet Benepal (925) 370-5100 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: A. Floyd , M Wilhelm C. 72 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 26, 2019 Contra Costa County Subject:Contract #26-614-13 with Sodexo America, LLC CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, CCRMC and Contra Costa Health Centers will not receive management and oversight of the Environmental Services Unit from this Contractor. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #74-355-11 with Lisa Wang, M.D., an individual, in an amount not to exceed $209,664, to provide outpatient psychiatric services to County patients in West County, for the period from July 1, 2019 through June 30, 2020. FISCAL IMPACT: This Contract is funded 100% by Mental Health Realignment. (No rate increase) BACKGROUND: On March 27, 2018, the Board of Supervisors approved Contract #74-355-9, (as amended by Contract Amendment Agreement #74-355-10) with Lisa Wang, M.D., to provide outpatient psychiatric services, including diagnosing, counseling, evaluating, and providing medical and therapeutic treatment to, County patients in West County, for the period from July 1, 2018 through June 30, 2019. Approval of Contract #74-355-11 will allow Contractor to continue providing outpatient psychiatric services through June 30, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: E Suisala , M Wilhelm C. 73 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 26, 2019 Contra Costa County Subject:Contract #74-355-11 with Lisa Wang, M.D. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, adult patients in West County requiring outpatient psychiatric services will not have access to Contractor’s services. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County, an Order Form and Terms of Use Agreement, including modified indemnity, with RadicaLogic Technologies, Inc. (dba RL Solutions), in an amount not to exceed $55,000, to provide upgrades and maintenance for the automated incident Safety Event Reporting System (SERS) software, for the period from January 1, 2019 through December 31, 2021. FISCAL IMPACT: This contract is funded 100% by Hospital Enterprise Fund I. BACKGROUND: Contra Costa Regional Medical Center and Contra Costa Health Centers are required by SB1301 (reporting of Adverse Events) to report incidents and events to the Department of Health Care Services (DHCS) within 5 days after the event has been detected. The Contra Costa Regional Medical Center and Health Centers has used RL Solutions for SERS reporting since 2007. The current version RL4 is no longer supported and an upgrade to RL6 is required. Approval of the purchase APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Patrick Wilson, 925-335-8700 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: P Wilson, L Walker, M Wilhelm C. 74 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 26, 2019 Contra Costa County Subject:Purchase Order with RadicaLogic Technologies, Inc. to Upgrade the Safety Event Reporting System (SERS) Software BACKGROUND: (CONT'D) order will procure the required software upgrade and maintenance services through December 31, 2021. The Terms of Use Agreement requires the County to indemnify RL Solutions against claims arising from County’s misuse of the licensed products. CONSEQUENCE OF NEGATIVE ACTION: Without this upgrade, the Contra Costa Regional Medical Center and Health Centers would be non-compliant with current adverse reporting requirements and could be exposed to financial penalties if audited by the Department of Health Care Services. RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner, a purchase order amendment with Dooley Enterprises, Inc., to increase the payment limit by $11,000 to a new payment limit of $411,000 for the purchase of ammunition for the period of July 1, 2017 through June 30, 2019. FISCAL IMPACT: $11,000. 100% County General Fund; Budgeted BACKGROUND: For over 20 years the Office of the Sheriff has used Winchester ammunition in order to meet training and duty ammunition needs. The Office of the Sheriff recognizes that Winchester ammunition has proven to be the most reliable ammunition available on the market and has been contracting with Winchester's distributor Adamson Police Products for several years. Winchester advised the Office of the Sheriff that they had to change distributors in Northern California from Adamson Police Products to Dooley Enterprises. In 2017, the Office of the Sheriff executed a new purchase order with Dooley Enterprises as the new Winchester ammunition distributor to meet future training and duty ammunition demands. A purchase order amendment is necessary to meet training and duty ammunition needs. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Liz Arbuckle, Heike Anderson, Paul Reyes C. 75 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:February 26, 2019 Contra Costa County Subject:Change Order - Dooley Enterprises, Inc. CONSEQUENCE OF NEGATIVE ACTION: RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to submit an application to enroll and to participate in the California Air Resources Board (CARB) Low Carbon Fuel Standard (LCFS) program. FISCAL IMPACT: No fiscal impact. There is no cost to enroll and participate in the CARB LCFS program. By participating in the program, the County will receive program credits for each Kilowatt Hour delivered to electric vehicle (EV) chargers owned and operated by the County. These credits can be monetized through the CARB LCFS program and the proceeds used to offset the cost of owning and operating the electric vehicle chargers and/or to reduce the cost of charging for employees and the public. County facilities powered by solar generate more credits because their CI is lower. BACKGROUND: The California Air Resources Board developed the Low Carbon Fuel Standard (LCFS) program to reduce the Carbon Intensity (CI) of the California fuel pool by at least 10% by APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Ramesh Kanzaria 925-957-2480 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 76 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 26, 2019 Contra Costa County Subject:Approve and Authorize the Public Works Director's, or designee, to enroll in (CARB) (LCFS) program BACKGROUND: (CONT'D) 2020. Similar to the Cap - and - Trade program for stationary pollution sources, the LCFS creates a means for entities that produce fuels with a carbon intensity higher than standard levels (deficits) to provide funding to entities that produce fuels with a lower than standard carbon level (credits). An example of a “deficit” generator is an oil refinery; a “credit” generator is an entity such as the County that provides clean electricity to electric vehicle charging stations. By participating in the program, the County will receive program credits for each Kilowatt Hour delivered to electric vehicle (EV) chargers owned and operated by the County. These credits can be monetized through the CARB LCFS program and the proceeds used to offset the cost of owning and operating the electric vehicle chargers and/or to reduce the cost of charging for employees and the public. County facilities powered by solar generate more credits because their CI is lower. The County currently has thirty-four Level 2 Chargers in service or anticipated to be installed and activated within a year. On November 13, 2018 the Board of Supervisors authorized the Public Works Director to participate in the PG&E EV Charge Network program. To date, the County has six active accounts enrolled in PG&E’s program which could result in a total of sixty EV Chargers in service by the end of 2019. CONSEQUENCE OF NEGATIVE ACTION: If the County does not participate in the LCFS, it will forfeit a viable, easily obtainable, and continuing cash flow stream to support the use of electric vehicles in the County. RECOMMENDATION(S): ACCEPT the monetary donation report from the Animal Services Department, which describes the source and value of each gift received by Animal Services from April 1, 2018 through December 31, 2018. FISCAL IMPACT: No fiscal impact. BACKGROUND: The Animal Benefit Fund was created by the Animal Services Department in 1988 to allow the Department to receive donations from individuals, animal welfare organizations and businesses, to support animal health and welfare projects that are not funded by departmental or general County revenue. On April 19, 2016 the Board of Supervisors delegated specific authority to the Animal Services Director as it related to the Animal Benefit Fund. The Animal Services Director was granted authorization to accept any monetary donation, gift, bequest, or devise made to or in favor of the Contra Costa County Animal Services Department as allowed under Government Code section 25355 and solicit donations for the benefit of shelter animals. Along with this delegated authority, the Animal Services Director is required to file a report with the Board of Supervisors every quarter that describes the source and value of each gift. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: 925-608-8470 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 77 To:Board of Supervisors From:Beth Ward, Animal Services Director Date:February 26, 2019 Contra Costa County Subject:Animal Services Monetary Donation Report for April 1, 2018 through December 31, 2018 BACKGROUND: (CONT'D) Attached is the donation report that provides details of all monetary donations received by the Animal Services Department from April 1, 2018 through December 31, 2018. Moving forward the department will submit the donation report to the Board of Supervisors on a quarterly basis. CONSEQUENCE OF NEGATIVE ACTION: Failure to accept the report will delay information the Board has requested. ATTACHMENTS ASD Donations by Date April-Dec 208 Jamidi Daiess 12/31/18 $25.00 DONATION AB R19-000016 Kim Chanu 12/31/18 $50.00 DONATION AB R19-000017 Nick Costa 12/29/18 $700.00 DONATION AB R18-034326 Anastasiia Martinez 12/28/18 $30.00 DONATION AB R18-034290 Ann Lindstrom 12/28/18 $100.00 DONATION AB R18-034283 Catherine Gardner 12/28/18 $5,000.00 DONATION AB R18-034281 Jackie Woodall 12/28/18 $20.00 DONATION AB R18-034276 Laraine Huey 12/28/18 $200.00 DONATION AB R18-034278 Lori Antonini 12/28/18 $100.00 DONATION AB R18-034275 Mary Buscaglia 12/28/18 $100.00 DONATION AB R18-034274 Pets Eternal Rest 12/28/18 $30.00 DONATION AB R18-034296 Philip Talkington 12/28/18 $500.00 DONATION AB R18-034284 Tresina Bennett 12/28/18 $150.00 DONATION AB R18-034279 Ulrike Galindo 12/28/18 $50.00 DONATION AB R18-034277 Hilda Cienfuegos 12/27/18 $20.00 DONATION AB R18-034222 Jeanette Peavler 12/27/18 $40.00 DONATION AB R18-034301 Richard Henne 12/27/18 $50.00 DONATION AB R18-034223 Richard Walsh 12/27/18 $75.00 DONATION AB R18-034297 Eliot Hudson 12/26/18 $50.00 DONATION AB R18-034195 Katherine Kelly 12/26/18 $85.00 DONATION AB R18-034153 Roxanne Foster 12/26/18 $100.00 DONATION AB R18-034154 William Steuber 12/26/18 $100.00 DONATION AB R18-034183 Yolanda Tabb 12/26/18 $25.00 DONATION AB R18-034187 Annie O'Shea 12/24/18 $20.00 DONATION AB R18-034162 Jenne Acceturo 12/23/18 $35.00 DONATION AB R18-034160 Ashlee Deskin 12/22/18 $165.00 DONATION AB R18-034103 Bonnie J Douglas 12/22/18 $250.00 DONATION AB R18-034075 Izabela Marton 12/22/18 $87.00 DONATION AB R18-034124 Dillan Fulkerson 12/21/18 $9.00 DONATION AB R18-034038 Ann Young 12/20/18 $60.00 DONATION AB R18-033944 Grant Young 12/19/18 $50.00 DONATION AB R18-033935 Pets Eternal Rest 12/19/18 $30.00 DONATION AB R18-033934 Michael Pol 12/16/18 $50.00 DONATION AB R18-033795 Scott Hanin 12/16/18 $200.00 DONATION AB R18-033794 Dawn Doss 12/15/18 $15.00 DONATION AB R18-033726 Kendra Jacobson 12/15/18 $50.00 DONATION AB R18-033739 Wendy Unknown 12/15/18 $20.00 DONATION AB R18-033732 Gunilla Rittenhouse 12/14/18 $50.00 DONATION AB R18-033646 Hugo Ramirez 12/14/18 $6.00 DONATION AB R18-033858 Ivor Silver 12/14/18 $1,000.00 DONATION AB R18-033800 Maria Jauregui 12/14/18 $20.00 DONATION AB R18-033671 Christine Navarro 12/13/18 $20.00 DONATION AB R18-033574 Cornelio Ancheta 12/12/18 $50.00 DONATION AB R18-033568 Contra Costa County Animal Services *Donations by Date* Reporting period: 4/1/2018 through 12/31/2018 Grand Total: $ 63,206.58 DONATION AB - Donation to Animal Benefit Fund Item Code DONATION WL - Donation Web Licensing DONATION LIC - Donatioin Licensing DONAT DISCOUNT ADOPT - Donation Discount Adoption DONAT EDUCATE - Donation Education DONAT GRANT - Donation-Grant DONAT IN KIND - Donation of Various Items Receipt No. DONAT PANDA/MED - Donation to Panda (Medical) Program DONAT PETS 4 SRS - Donation to Pets 4 Seniors Program DONAT RETENTION - Donatioin for Retention DONAT SN PROGRAM - Donation to Spay-Neuter Program DONAT TRANS PART - Donation from Transfer Partners Donor Date Amount Kathy Miller 12/12/18 $1.00 DONATION AB R18-033517 Melinda Casino 12/12/18 $125.00 DONATION AB R18-033529 Natalia Puntikova 12/12/18 $20.00 DONATION AB R18-033541 Dia Goode 12/11/18 $216.00 DONATION AB R18-033515 Violet Tizzoni 12/11/18 $20.00 DONATION AB R18-033467 Hewitt Jones & Fitch 12/10/18 $250.00 DONATION AB R18-033457 Joan Ryssin Anthony 12/10/18 $15.00 DONATION AB R18-033461 Leslie Dawson 12/10/18 $500.00 DONATION AB R18-033455 Mary Roland-Horn 12/10/18 $50.00 DONATION AB R18-033456 Robert D Whitley 12/10/18 $300.00 DONATION AB R18-033454 The Benevity Community Impact Fund 12/10/18 $107.91 DONATION AB R18-033459 U.S. Bank 12/10/18 $157.50 DONATION AB R18-033458 Bridget Moran 12/8/18 $50.00 DONATION AB R18-033462 Cynthia Sisemore 12/8/18 $30.00 DONATION AB R18-033433 Kathie Alcorn 12/8/18 $4.00 DONATION AB R18-033350 Stephanie Moon 12/7/18 $0.70 DONATION AB R18-033313 Barbara Brown 12/6/18 $20.00 DONATION AB R18-033250 Barbara Brown 12/6/18 $20.00 DONATION AB R18-033250 Mary Vinella 12/6/18 $100.00 DONATION AB R18-033240 Stephan Volker 12/6/18 $200.00 DONATION AB R18-033258 Alexa Bartlett 12/5/18 $40.00 DONATION AB R18-033259 Barbara Brown 12/5/18 $40.00 DONATION AB R18-033194 Yasuko Kaya 12/4/18 $50.00 DONATION AB R18-033121 Andriy Levchenko 12/1/18 $60.00 DONATION AB R18-033052 Ralph Mc Caskey 12/1/18 $2.00 DONATION AB R18-033065 Emily Barnett 11/30/18 $30.00 DONATION AB R18-032981 Ashley Mcguire 11/29/18 $30.00 DONATION AB R18-032876 Mcguire Harley-Davidson 11/29/18 $150.00 DONATION AB R18-032875 Ann Bauer 11/27/18 $100.00 DONATION AB R18-032775 Diane Kostelec 11/27/18 $2,500.00 DONATION AB R18-032727 Edynn Sato 11/27/18 $50.00 DONATION AB R18-032733 Johanna Kwasniewski 11/27/18 $500.00 DONATION AB R18-032721 Karen Allen 11/27/18 $50.00 DONATION AB R18-032720 Louise Mcguire 11/27/18 $10.00 DONATION AB R18-032774 Rebecca Brafman 11/27/18 $200.00 DONATION AB R18-032726 Maribel Rios 11/26/18 $20.00 DONATION AB R18-033174 Claudia M Hein 11/25/18 $100.00 DONATION AB R18-032719 Rebecca Huey 11/24/18 $100.00 DONATION AB R18-032685 Refused Refused 11/24/18 $3.00 DONATION AB R18-032666 Susan De Rubira 11/24/18 $100.00 DONATION AB R18-032660 Thomas Wuttke 11/24/18 $100.00 DONATION AB R18-032674 Mamie Han 11/23/18 $1,000.00 DONATION AB R18-032652 Barbara Brown 11/21/18 $40.00 DONATION AB R18-032584 Beth Perrin-Scales 11/21/18 $20.00 DONATION AB R18-032653 California Rt Pizza Group, Inc.11/21/18 $198.02 DONATION AB R18-032631 Car Donation Services 11/21/18 $249.00 DONATION AB R18-032630 Maybelle Dore 11/21/18 $25.00 DONATION AB R18-032628 Vanessa Cavalli 11/21/18 $30.00 DONATION AB R18-032581 Barbara Brown 11/20/18 $40.00 DONATION AB R18-032506 Beverly B Chickering 11/17/18 $100.00 DONATION AB R18-032447 Julie Stutzman 11/17/18 $50.00 DONATION AB R18-032395 Marci Cohoon 11/17/18 $30.00 DONATION AB R18-032460 Barbara Brown 11/16/18 $20.00 DONATION AB R18-032343 Barbara Brown 11/16/18 $20.00 DONATION AB R18-032338 Danna Prosser 11/16/18 $20.00 DONATION AB R18-032370 Kristi Marshall 11/16/18 $100.00 DONATION AB R18-032371 Alyssa Pharm 11/15/18 $25.00 DONATION AB R18-032362 America'S Best Local Charities 11/15/18 $321.99 DONATION AB R18-032276 Amy Allen 11/15/18 $50.00 DONATION AB R18-032361 Bank Of America 11/15/18 $40.00 DONATION AB R18-032273 Barbara Brown 11/15/18 $40.00 DONATION AB R18-032274 Elliott Dushkin 11/15/18 $50.00 DONATION AB R18-032269 Lindsay Harris 11/15/18 $100.00 DONATION AB R18-032364 Mary Horn 11/15/18 $50.00 DONATION AB R18-032272 Pet Food Express 11/15/18 $550.00 DONATION AB R18-032284 Pet Food Express 11/15/18 $4,200.00 DONATION AB R18-032286 Sandra M Risser 11/15/18 $50.00 DONATION AB R18-032275 Sharon E Krhoun 11/15/18 $25.00 DONATION AB R18-032277 Tresina Bennett 11/15/18 $75.00 DONATION AB R18-032280 Ulrike Galindo 11/15/18 $50.00 DONATION AB R18-032270 Ulrike Galindo 11/15/18 $50.00 DONATION AB R18-032271 David Jordan 11/14/18 $1,000.00 DONATION AB R18-032279 Jennifer Hawks 11/14/18 $50.00 DONATION AB R18-032188 Michael Pavoni 11/14/18 $25.00 DONATION AB R18-032282 Aditya Bhasu Piya 11/13/18 $27.71 DONATION AB R18-032163 Laura Weeks 11/13/18 $50.00 DONATION AB R18-032132 Shannon Ramirez 11/13/18 $75.00 DONATION AB R18-032127 Anastasiia Mixcoatl-Martinez 11/11/18 $50.00 DONATION AB R18-032209 Eric Allen 11/10/18 $2,000.00 DONATION AB R18-032205 Kristalina Gregoire 11/10/18 $50.00 DONATION AB R18-032058 Peter Oshaughnessy 11/8/18 $10.00 DONATION AB R18-031942 Randi Miller 11/7/18 $100.00 DONATION AB R18-031933 Jolene Garrison 11/6/18 $100.00 DONATION AB R18-031797 Linda M Burkard 11/5/18 $20.00 DONATION AB R18-031931 Beth Perrin-Scales 11/4/18 $20.00 DONATION AB R18-031921 Hazel Aslan 11/4/18 $50.00 DONATION AB R18-031925 Johnna Lynn Pinangay 11/4/18 $50.00 DONATION AB R18-031923 Justin Ware 11/4/18 $50.00 DONATION AB R18-031927 Kelli Bilicki 11/4/18 $10.00 DONATION AB R18-031922 Nancy Klinkner 11/3/18 $250.00 DONATION AB R18-031756 Kathleen Morson 11/2/18 $50.00 DONATION AB R18-031644 Michelle Gonsalves 11/2/18 $20.00 DONATION AB R18-031643 Ashley Reid 11/1/18 $25.00 DONATION AB R18-031637 Jennifer Van Fleet 11/1/18 $150.00 DONATION AB R18-031635 Jessica Gill 11/1/18 $100.00 DONATION AB R18-031636 Pat C Davi 11/1/18 $15.00 DONATION AB R18-031596 Patricia Davi 11/1/18 $30.00 DONATION AB R18-031597 Schwab Charitable 11/1/18 $1,000.00 DONATION AB R18-031598 Valerie Cook-Watkins 11/1/18 $25.00 DONATION AB R18-031595 Martha Boesing 10/31/18 $135.00 DONATION AB R18-031572 Matthew Sherman 10/31/18 $20.00 DONATION AB R18-031584 Charlotte Sliskevics 10/30/18 $20.00 DONATION AB R18-031460 Nancy Dupont 10/30/18 $100.00 DONATION AB R18-031551 Lee James Porter 10/28/18 $20.00 DONATION AB R18-031457 Louann M Giorgi 10/28/18 $100.00 DONATION AB R18-031549 Alan Welsh 10/27/18 $273.00 DONATION AB R18-031384 Rosemarie Waldo 10/26/18 $50.00 DONATION AB R18-031324 Nicole Lasagna 10/25/18 $20.00 DONATION AB R18-031275 Refused Refused 10/24/18 $4.00 DONATION AB R18-031210 Kelly Adamo 10/23/18 $35.00 DONATION AB R18-031313 Teresa Vazquez 10/23/18 $10.00 DONATION AB R18-031295 Jeremy Flauding 10/21/18 $28.00 DONATION AB R18-031129 Carol Banuelos 10/19/18 $3.00 DONATION AB R18-030952 Nicole Lasagna 10/16/18 $20.00 DONATION AB R18-030805 Stepan Pryshlak 10/16/18 $10.00 DONATION AB R18-030766 Micaela Delgado-Vera 10/14/18 $1.00 DONATION AB R18-030763 Ruth Dilts 10/12/18 $120.00 DONATION AB R18-030645 Helen Harding 10/11/18 $0.40 DONATION AB R18-030591 Nicole Lasagna 10/11/18 $20.00 DONATION AB R18-030599 Bill Case 10/10/18 $25.00 DONATION AB R18-030529 John Veicht 10/9/18 $10.00 DONATION AB R18-030477 Scott Nash 10/6/18 $4.00 DONATION AB R18-030391 Henry S Botelho 10/5/18 $3.00 DONATION AB R18-030290 Kathleen Kosel 10/4/18 $300.00 DONATION AB R18-030234 Martha Hummel 10/4/18 $100.00 DONATION AB R18-030238 Nicole Lasagna 10/3/18 $40.00 DONATION AB R18-030204 Catherine Gardner 10/2/18 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4/11/18 $17.00 DONATION AB R18-013932 Judith Le Bris 4/11/18 $30.00 DONATION AB R18-013863 Kyle Spingola 4/11/18 $10.00 DONATION WL R18-013995 Lindsey Almeida 4/11/18 $40.00 DONATION AB R18-013865 Marci Varellas 4/11/18 $15.00 DONATION AB R18-013941 Maria Mares 4/11/18 $20.00 DONATION WL R18-013986 Marilyn Howes 4/11/18 $10.00 DONATION AB R18-013871 Shannon Pugh 4/11/18 $45.00 DONATION AB R18-013867 Sherry Hadnot 4/11/18 $100.00 DONATION AB R18-013872 Siubhan Murray 4/11/18 $17.00 DONATION LIC R18-013885 Steven Jacobsen 4/11/18 $10.00 DONATION WL R18-013972 Will Brolin 4/11/18 $17.00 DONATION AB R18-013864 William Welch 4/11/18 $17.00 DONATION AB R18-013939 Collin Smith 4/10/18 $3.00 DONATION WL R18-013837 Ellen Woodward 4/10/18 $15.00 DONATION WL R18-013820 Suzanne Bourque 4/10/18 $2.00 DONATION LIC R18-013721 Anthony Grose 4/9/18 $10.00 DONATION WL R18-013693 Sarah Waters 4/9/18 $10.00 DONATION WL R18-013706 Carole Woodrow 4/8/18 $5.00 DONATION WL R18-013661 John Burns 4/8/18 $13.00 DONATION WL R18-013653 Laura Ramanis 4/8/18 $5.00 DONATION WL R18-013673 Rodney Webster 4/8/18 $5.00 DONATION WL R18-013651 Anne Bird 4/7/18 $10.00 DONATION WL R18-013460 Jenna Cunha 4/7/18 $10.00 DONATION WL R18-013617 Kendall Brennan 4/7/18 $34.00 DONATION AB R18-013543 Mark Lemyre 4/7/18 $10.00 DONATION WL R18-013641 Ronit & Scott Jorgensen 4/7/18 $100.00 DONATION WL R18-013628 Rosalinda Bartolome Barrun 4/7/18 $13.00 DONATION WL R18-013633 Tiffany Rodacker 4/7/18 $5.00 DONATION WL R18-013614 Artem Udalkin 4/6/18 $5.00 DONATION WL R18-013413 Bruce Carrier 4/6/18 $50.00 DONATION WL R18-013433 Carlos Oliva 4/6/18 $40.00 DONATION AB R18-013398 Gaston Chan 4/6/18 $25.00 DONATION WL R18-013427 Gillian Taffe 4/6/18 $10.00 DONATION WL R18-013411 Jack Kenny 4/6/18 $3.00 DONATION WL R18-013438 Pam Gerchow 4/6/18 $5.00 DONATION WL R18-013429 Ed Land 4/5/18 $5.00 DONATION WL R18-013319 Harry Stevens 4/5/18 $3.00 DONATION WL R18-013344 Judy Briano 4/5/18 $100.00 DONATION AB R18-013307 Diane Aiello 4/4/18 $23.00 DONATION AB R18-013194 Francis Lage 4/4/18 $57.00 DONATION LIC R18-013163 Isenia De Lira 4/4/18 $7.00 DONATION AB R18-013197 Jessica Fabillaran 4/4/18 $3.00 DONATION WL R18-013219 Kathy R Mcvey 4/4/18 $9.00 DONATION LIC R18-013162 Maria Flores 4/4/18 $3.00 DONATION AB R18-013188 Pepito Yu 4/4/18 $20.00 DONATION WL R18-013224 Ulrike Galindo 4/4/18 $50.00 DONATION AB R18-013198 Arlene La Borde 4/3/18 $20.00 DONATION AB R18-014936 Heather Minuk 4/3/18 $13.00 DONATION AB R18-014935 Emmali Todd 4/2/18 $5.00 DONATION WL R18-012953 Nelson Castro 4/2/18 $5.00 DONATION WL R18-012969 Vibhav Mankad 4/2/18 $10.00 DONATION WL R18-012947 Page 15 of 15 RECOMMENDATION(S): 1. ACKNOWLEDGE that the Board of Supervisors referred ten (10) issues to the Public Protection Committee (PPC) for its review and consideration during 2018. 2. FIND that the 2018 PPC convened nine (9) meetings, worked through and provided an opportunity for public input on a number of significant Countywide issues. 3. RECOGNIZE the excellent work of the County department staff who provided the requisite information to the PPC in a timely and professional manner, and members of the Contra Costa community and other public agencies who, through their interest in improving the quality of life in Contra Costa County, provided valuable insight into our discussions, and feedback that helped us to formulate our policy recommendations. 4. ACCEPT year-end productivity report and APPROVE recommended disposition of PPC referrals described at the end of this report. FISCAL IMPACT: No fiscal impact. This is an informational report only. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 78 To:Board of Supervisors From:PUBLIC PROTECTION COMMITTEE Date:February 26, 2019 Contra Costa County Subject:2018 YEAR-END REPORT ON ACCOMPLISHMENTS AND DISPOSITION OF REMAINING REFERRALS TO THE PUBLIC PROTECTION COMMITTEE BACKGROUND: The Public Protection Committee (PPC) was established on January 8, 2008 to study criminal justice and public protection issues and formulate recommendations for consideration by the Board of Supervisors. At the February 4, 2019 meeting, the Committee discussed all issues currently on referral and has made the following recommendations to the Board of Supervisors for the 2019 PPC work-plan: 1. Opportunities to Improve Coordination of Response to Disasters and Other Public Emergencies Approximately three weeks following the November 2007 Cosco Busan oil spill, the Sheriff’s Office of Emergency Services (OES) presented to the Board of Supervisors its assessment of the emergency response efforts, including what worked well and didn’t work well, and what lessons were learned through those experiences. At the conclusion of the Board discussion, Supervisor Gioia introduced five recommendations that were approved by the Board. On February 5, 2008 the Board of Supervisors referred this matter to the PPC for continuing development and oversight. PPC received a status report from the Office of the Sheriff and Health Services Department in February 2009 and requested the Hazardous Materials Program Manager to report back to the PPC on the development of mutual aid agreements from local oil refineries. Following a second briefing to the PPC by the Office of the Sheriff, the PPC reported out to the Board of Supervisors on May 6, 2009 with recommendations for follow-up by the Sheriff and Human Resources departments. The Health Services Department made a report to the PPC on April 19, 2010 regarding the resources and connections available to respond to hazardous materials emergencies and, again, on October 18, 2010 regarding who determines which local official participates in incident command if an event is in Contra Costa County. On December 5, 2011, Health Services reported to our Committee regarding training and deployment of community volunteers. In January 2008, the Board of Supervisors referred to the PPC the matter of improving public response to emergency instructions and protocols through broader and better education, which had previously been on referral to the IOC. The Board suggested that the PPC work with the Office of the Sheriff, the Health Services Department, and the CAER (Community Awareness & Emergency Response) Program to determine what educational efforts are being made and what additional efforts may be undertaken to improve public response and safety during an emergency. In April 2011, the PPC met with CAER (Community Awareness Emergency Response) Executive Director Tony Semenza and staff from the Office of the Sheriff and Health Services to discuss what has been done to better inform the public and what more can be done to improve public response to emergency warnings. CAER provided a thorough report on its countywide community fairs, and programs targeted at the education system and non-English speaking populations. The PPC asked CAER to provide a written outreach strategy that describes how new homeowners are educated about emergency awareness. The Sheriff's Office of Emergency Services provided an update to the Committee at the April 13, 2015 meeting. In addition, the draft update of the Countywide Emergency Operations Plan (EOP) was reviewed and forwarded to the BOS for review and approval in 2015. Since there will be opportunities for the review of future updates to the EOP, we recommend that this issue remain on referral to the Committee. Recommendation: REFER to the 2019 PPC 2. Welfare Fraud Investigation and Prosecution In September 2006, the Employment and Human Services (EHS) Department updated the Internal Operations Committee (IOC) on its efforts to improve internal security and loss prevention activities. The Operations Committee (IOC) on its efforts to improve internal security and loss prevention activities. The IOC had requested the department to report back in nine months on any tools and procedures that have been developed and implemented to detect changes in income eligibility for welfare benefits. The EHS Director made follow-up reports to IOC in May and October 2007, describing what policies, procedures, and practices are employed by the Department to ensure that public benefits are provided only to those who continue to meet income eligibility requirements, explaining the complaint and follow-through process, and providing statistical data for 2005/06, 2006/07, and for the first quarter of 2007/08. Upon creation of the PPC in January 2008, this matter was reassigned from the IOC to the PPC. PPC has received status reports on this referral in October 2008, June and October 2010, November 2011, November 2012 and, most recently, in December 2013. The Committee has reviewed the transition of welfare fraud collections from the former Office of Revenue Collection to the Employment and Human Services Department; the fraud caseload and percentage of fraud findings; fraud prosecutions and the number of convictions; and the amounts recovered. The Committee received an annual report on this subject from the District Attorney and Employment and Human Services Director on September 26, 2016. The Committee wishes to continue monitoring the performance of the welfare fraud program annually. It is recommended that this matter be retained on referral. The Committee did not receive an update on this topic in 2018, but would like the issue to remain on referral to the Committee for future oversight. Recommendation: REFER to the 2019 PPC 3. Multi-Language Capability of the Telephone Emergency Notification System (TENS)/Community Warning System (CWS) Contracts. This matter had been on referral to the IOC since 2000 and was reassigned to the PPC in January 2008. The PPC met with Sheriff and Health Services Department staff in March 2008 to receive an update on the County’s efforts to implement multilingual emergency telephone messaging. The Committee learned that the Federal Communications Commission had before it two rulemaking proceedings that may directly affect practices and technology for multilingual alerting and public notification. Additionally, the federally-funded Bay Area “Super Urban Area Safety Initiative” (SUASI) has selected a contractor undertake an assessment and develop a five-year strategic plan on notification of public emergencies, with an emphasis on special needs populations. The Sheriff’s Office of Emergency Services reported to the PPC in April 2009 that little has changed since the March 2008 report. On October 18, 2010, the PPC received a report from the Sheriff’s Office of Emergency Services on the Community Warning and Telephone Emergency Notification systems, and on developments at the federal level that impact those systems and related technology. Sheriff staff concluded that multi-lingual public emergency messaging is too complex to be implemented at the local level and should be initiated at the state and federal levels. New federal protocols are now being established to provide the framework within which the technological industries and local agencies can work to develop these capabilities. In 2011, the Office of the Sheriff has advised staff that a recent conference on emergency notification systems unveiled nothing extraordinary in terms of language translation. The SUASI project had just commenced and Sheriff staff have been on the contact list for a workgroup that will be developing a gap analysis, needs assessment, and five-year strategic plan. At this point, this matter had been on committee referral for more than ten years and technology had yet to provide a feasible solution for multilingual public emergency messaging. On September 18, 2012, following the Richmond Chevron refinery fire, the Board of Supervisors established an ad hoc committee to discuss the Community Warning System and Industrial Safety established an ad hoc committee to discuss the Community Warning System and Industrial Safety Ordinance. Since that committee is ad hoc in nature, the PPC recommended that this issue remain on referral to the PPC. The PPC received two updates on this issue in CY 2015; one on April 13, 2015 and one on November 9, 2015. Following the November 2015 discussion, the Committee requested the Sheriff's Office to return in six months for an update. On May 23, 2016, the Committee received an update from the Sheriff's Office on the status of the TEN system and directed staff to provide a summary of the CWS/Emergency services protocols for future review of the Committee and prepare a handout in both English and Spanish that summarizes emergency services protocols. On October 18, 2016, the Board of Supervisors referred a review of the AtHoc, Inc. contract to the Committee for additional review and discussion and on October 24, 2016, the Committee met to discuss this item. AtHoc Inc., is a full-service alert and warning company specializing in fixed siren systems and emergency notification systems. Alerting Solutions, Inc., provides support for the Contra Costa County Community Warning System. The Contra Costa County Community Warning System consists of 25 separate and linked control centers, monitoring systems, and communication systems between emergency responders, sirens (40), and other alerting devices (700+), and automated links to radio and television stations serving the community. Representatives from the Sheriff's Office were present to discuss the item and it's importance to the County's Community Warning System (CWS) operations. Following that discussion, the Committee recommended that the contract be rescheduled on the Board of Supervisors' agenda for approval, but directed staff to continue reporting on CWS operating contracts on a periodic basis. Since the Committee has an existing referral on the CWS telephone electronic notification system (TENS), this referral was combined with the TENS referral with the expectation that the Committee would receive coordinated updates on both issues in the beginning in 2017. The Committee did not receive an update on this topic in 2018. However, the Committee continues to have interest in monitoring the implementation of a multi-lingual telephone ring down system and CWS issues. For this reason, this issue should remain on referral to the Committee in 2019. Recommendation: REFER to the 2019 PPC 4. County support and coordination of non-profit organization resources to provide prisoner re-entry services, implementation of AB 109 Public Safety Realignment, and appointment recommendations to the Community Corrections Partnership On August 25, 2009, the Board of Supervisors referred to the PPC a presentation by the Urban Strategies Council on how the County might support and coordinate County and local non-profit organization resources to create a network of re-entry services for individuals who are leaving jail or prison and are re-integrating in local communities. On September 14, 2009, the PPC invited the Sheriff-Coroner, County Probation Officer, District Attorney, Public Defender, Health Services Director, and Employment and Human Services Director to hear a presentation by the Urban Strategies Council. The PPC encouraged County departments to participate convene a task force to work develop a network for prisoner re-entry services, which has been meeting independently from the PPC. The PPC received a status report from County departments in April 2010. The Employment and Human Services department reported on its efforts to weave together a network of services, utilizing ARRA funding for the New Start Program and on the role of One-Stop Centers in finding jobs for state parolees. Probation reported on the impacts of the anticipated flood of state parolees into the county. The Sheriff reported on the costs for expanding local jail capacity and possible expanded use of GPS (global positioning systems) the costs for expanding local jail capacity and possible expanded use of GPS (global positioning systems) use in monitoring state parolees released back to our county. The Health Services Department reported on its Healthcare for the Homeless Program as a means to get parolees into the healthcare system and on its development of cross-divisional teams on anti-violence. Supervisors Glover and Gioia indicated that their staff would continue to coordinate this local initiative when the Urban Strategies Council exhausts its grant funding from the California Endowment. The PPC continued to monitor progress on the initiative and, on February 7, 2011, received a presentation of the completed strategic plan and recommendations. In response to public testimony at the PPC meeting regarding concerns over the "Ban the Box" element of the plan, the plan recommendations were modified to exclude from the "Ban the Box" requirement certain identified sensitive positions in public safety and children’s services or as determined by the agency. On March 22, 2011, representatives from the Urban Strategies Council presented the completed Contra Costa County Re-entry Strategic Plan (100 pages), an Executive Summary (6 pages) of the plan, and a slide show to the Board of Supervisors, which approved the strategic plan and implementation recommendations with one modification: rather than adopt a 'Ban the Box' policy as recommended, which would have removed the question about criminal records from county employment applications during the initial application, the Board agreed to consider adopting such a policy at a future date. The Board directed the County Administrator to work with the offices of Supervisors Glover and Gioia to identify the resources needed to implement the strategic plan and to report back to the Board with his findings and recommendations. Later in 2011, the California Legislature passed the Public Safety Realignment Act (Assembly Bills 109), which transfers responsibility for supervising specific low-level inmates and parolees from the California Department of Corrections and Rehabilitation (CDCR) to counties. Assembly Bill 109 (AB 109) takes effect October 1, 2011 and realigns three major areas of the criminal justice system. On a prospective basis, the legislation: • Transfers the location of incarceration for lower-level offenders (specified non-violent, non-serious, non-sex offenders) from state prison to local county jail and provides for an expanded role for post-release supervision for these offenders; • Transfers responsibility for post-release supervision of lower-level offenders (those released from prison after having served a sentence for a non-violent, non-serious, and non-sex offense) from the state to the county level by creating a new category of supervision called Post-Release Community Supervision (PRCS); • Transfers the housing responsibility for parole and PRCS revocations to local jail custody AB 109 also tasked the local Community Corrections Partnership (CCP) with recommending to the County Board of Supervisors a plan for implementing the criminal justice realignment, which shall be deemed accepted by the Board unless rejected by a 4/5th vote. The Executive Committee of the CCP is composed of the County Probation Officer (Chair), Sheriff-Coroner, a Chief of Police (represented by the Concord Police Chief in 2014), District Attorney, Public Defender, Presiding Judge of the Superior Court or designee, and the Behavioral Health Director. On October 4, 2011, the Board of Supervisors approved the CCP Realignment Implementation Plan, including budget recommendations for fiscal year 2011/12. Throughout 2012, the PPC received regular status updated from county staff on the implementation of public safety realignment, including recommendations from the CCP-Executive Committee for 2012/13 budget planning. On January 15, 2013 the Board of Supervisors approved a 2012/13 budget for continuing implementation of public safety realignment programming. The Committee received several reentry/AB 109 related presentations and updates throughout 2014, including program updates, review of the proposed fiscal year 2014/15 AB 109 Public Safety Realignment budget and made appointment recommendations to the Board of Supervisors for the CY 2015 Community Corrections Partnership. In addition, the Committee evaluated the feasibility of submitting a grant proposal for the 2014 Byrne Justice Assistance Grant (JAG) released by the California Board of State and Community Corrections. In 2016, the Committee reviewed the FY 2016/17 AB 109 budget proposed by the CCP, made appointment recommendations for the CY2017 CCP and CCP-Executive Committee to the Board of Supervisors and advised on grant programs that tie into AB 109 programming infrastructure. In addition, the Committee reviewed the process for allocating the Community Programs portion of the AB109 budget, which was composed of four separate RFPs for: (1) Employment and Placement services, (2) Short and Long-Term Housing services, (3) Monitoring and Family Reunification services and (4) Legal services. In addition, the Committee reviewed the first AB109 Annual Report assembled by Resource Development Associates on behalf of the Community Corrections Partnership and a recommendation to establish an Office of Reentry and Justice in the County Administrator's Office. In 2017, the Committee reviewed the proposed FY 2017/18 AB109 budget assembled by the CCP, the FY 2015/16 AB 109 Annual Report and received staff reports regarding plans to update the Countywide Reentry Strategic Plan and AB109 Operational Plan. The FY 2015/16 AB109 Annual Report was forwarded to the Board on March 14, 2017. At the October and November 2017 meetings, the Committee had discussion regarding appointments to the CCP and the CCP-Executive Committees for CY2018. At the November meeting, the Committee recommended the reappointment of all members with the exception of the CBO-representative seat. The Committee requested the CCP-Community Advisory Board to make a recommendation regarding appointment to that seat, which will be proposed to the Committee in early 2018. Ultimately, the Board approved the CY2018 appointments as recommended by the Committee on November 14, 2017. In 2018, the Committee continued its oversight responsibilities related to the implementation of AB109. On February 5, 2018 the PPC reviewed and approved the proposed FY 2018/19 AB 109 budget approved by the CCP - Executive Committee. On May 23, 2018, the PPC reviewed and approved the FY 2018/19 AB 109 Community Program funding allocations, approved the CY 2018 appointment of the CBO-representative seat, and received the AB 109 Annual Report for FY 2016/17. On June 25, 2016, the PPC accepted the Contra Costa County Reentry System Strategic Plan for 2018-2023. At the November 5th meeting, the Committee recommended the reappointment of all members with the exception Chief of Police seat which the PPC recommended the Antioch Police Chief. Recommendation: REFER to the 2019 PPC 5. Inmate Welfare Fund/Telecommunications/Visitation Issues. On July 16, 2013, the Board of Supervisors referred a review of the Inmate Welfare Fund (IWF) and inmate visitation policies to the Public Protection Committee for review. The Inmate Welfare Fund is authorized by Penal Code § 4025 for the “…benefit, education, and welfare of the inmates confined within the jail.” The statute also mandates that an itemized accounting of IWF expenditures must be submitted annually to the County Board of Supervisors. The Sheriff's Office has made several reports to the Committee throughout 2013 and 2014 regarding funding of IWF programs, visitation/communication policies and an upcoming RFP for inmate telecommunications services. The referral was placed on hold pending further discussion and outcomes of state and federal level changes to statute or rulemaking that could curtail the collection of telephone commissions individuals contacting inmates and wards housed in county adult and juvenile detention facilities normally pay. Such changes could potentially impact programming provided within the County's detention facilities. In late 2015, the Federal Communications Commission (FCC) issued new regulations significantly curtailing the costs charged to inmates or the families of inmates for use of a jail or prison telecommunications system. During 2016, a final rulemaking process was anticipated by the FCC. Ultimately, the FCC passed updated regulations related to telecommunications in detention facilities. The Committee did not receive an update on this topic in 2018. The Sheriff's Office is in the final stages of contract review with the inmate telephone service provider which will have an impact on this issue. For this reason, this topic should remain on referral to the Committee in 2019. Recommendation: REFER to the 2019 PPC (to be scheduled at the request of the Sheriff-Coroner) 6. Racial Justice Task Force Project On April 7, 2015, the Board of Supervisors received a letter from the Contra Costa County Racial Justice Coalition requesting review of topics within the local criminal justice system. The Public Protection Committee (the "Committee") generally hears all matters related to public safety within the County. On July 6, 2015, the Committee initiated discussion regarding this referral and directed staff to research certain items identified in the Coalition's letter to the Board of Supervisors and return to the Committee in September 2015. On September 14, 2015, the Committee received a comprehensive report from staff on current data related to race in the Contra Costa County criminal justice system, information regarding the County's Workplace Diversity Training and information regarding diversity and implicit bias trainings and presentations from across the country. On December 14, 2015, the Committee received an update from the Public Defender, District Attorney and Probation Department on how best to proceed with an update to the Disproportionate Minority Contact (DMC) report completed in 2008. At that time, the concept of establishing a new task force was discussed. The Committee directed the three departments above to provide a written project scope and task force composition to the Committee for final review. At the November 9, 2015 meeting, the Committee received a brief presentation reintroducing the referral and providing an update on how the DMC report compares with the statistical data presented at the September meeting. Following discussion, the Committee directed staff to return in December 2015 following discussions between the County Probation Officer, District Attorney and Public Defender with thoughts about how to approach a new DMC initiative in the County. On April 12, 2016, the Board of Supervisors accepted a report and related recommendations from the Committee resulting in the formation of a 17-member Disproportionate Minority Contact Task Force composed of the following: •County Probation Officer •Public Defender •District Attorney •District Attorney •Sheriff-Coroner •Health Services Director •Superior Court representative •County Police Chief’s Association representative •Mount Diablo Unified School District representative •Antioch Unified School District representative •West Contra Costa Unified School District representative •(5) Community-based organization (CBO) representatives (at least 1 representative from each region of the County and at least one representative from the faith and family community) •Mental Health representative (not a County employee) •Public Member – At Large Subsequently, a seven-week recruitment process was initiated to fill the (5) five CBO representative seats, the (1) one Mental Health representative seat and the (1) one Public Member - At Large seat. The deadline for submissions was June 15, 2016 and the County received a total of 28 applications. On June 27, 2016, the PPC met to consider making appointments to the (5) five CBO representative seats, the (1) one Mental Health representative seat and the (1) one Public Member - At Large seat. The PPC nominated to following individuals to be considered by the full Board of Supervisors: 1.CBO seat 1: Stephanie Medley (RYSE, AB109 CAB) (District I) 2.CBO seat 2: Donnell Jones (CCISCO) (District I) 3.CBO seat 3: Edith Fajardo (ACCE Institute) (District IV) 4.CBO seat 4: My Christian (CCISCO) (District V, but works in District III) 5.CBO seat 5: Dennisha Marsh (First Five CCC; City of Pittsburg Community Advisory Council) (District V) 6.Mental Health: Christine Gerchow, PhD. (Psychologist, Juvenile Hall-Martinez) (District IV) 7.Public (At-Large): Harlan Grossman (Past Chair AB 109 CAB, GARE participant) (District II) During the meeting, it was noted that Ms. Christine Gerchow had an exceptional background in mental health that would be very beneficial to the Task Force discussions. Ms. Gerchow is a County employee in the Health Services department working in the juvenile hall. In light of Ms. Gerchow's qualifications, the Committee voted to recommend her for appointment to the Mental Health representative seat and request that the full Board remove the requirement that the Mental Health representative not be a County employee. At the conclusion of the of the meeting, the Committee directed staff to set a special meeting for early August to consider the final composition of the entire 17-member Task Force once all names were received from county departments, school districts, etc. In addition, the Committee recommended changing the title of the Task Force to the "Racial Justice Task Force", which was determined to be more reflective of the current efforts to evaluate racial disparities in the local criminal justice system. On August 15, 2016, the Committee approved nominations for appointment to the Task Force for consideration by the Board of Supervisors, including a recommendation that the Superior Court designee seat be a non-voting member of the Task Force at the request of the Superior Court. On September 13, 2016, the Board of Supervisors approved the Task Force. The Task Force will make reports to the Public Protection Committee, as needed, over the course of its work. For this reason, the referral should be continued to the 2019 PPC. On February 5, 2018, the PPC received an update from the Office of Reentry and Justice on the Racial Justice Task Force. On June 25, 2018, the PPC received the report "Racial Justice Task Force - Final Report and Recommendations" and recommended it to be adopted by the Board of Supervisors. 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: (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. The Board also referred to the Public Protection Committee the matter of an Implementation Plan for FY 2018-19 and the structure of an Implementation Oversight body and to take input from the Racial Justice Task Force and the Sheriff’s Department on the recommendations regarding the establishment of an independent grievance process and independent monitoring body, to report back to the full Board. On August 6, 2018, the PPC considered the implementation of recommendations from the Task Force and directed staff to develop a process to identify nominees for appointment to the Racial Justice Oversight Body. During this meeting the PPC also accepted input from the Office of the Sheriff and members of the Task Force regarding the 2 recommendations of the Racial Justice Task Force's Final Report. The Committee directed the Racial Justice Task Force to reconvene to discuss solutions to the conflicts raised by the Sheriff's Office in regards to these two recommendations. On September 10, 2018, the PPC received an update on the Racial Justice Task Force which summarized the Task Force meeting on September 5, 2018 to consider the 2 recommendations noted above. The Task Force had discussed information regarding other oversight bodies at the County level that were in existence across the state and had compiled a handout that was shared with the Task Force. The Task Force Members felt that there was more information to be considered by the Task Force, and that there would be value in including the Sheriff, or detention facility staff, in future discussions and information sharing prior to this being reconsidered by the Board of Supervisors. The Committee directed the Task Force to continue to review these recommendations, including meeting with the Sheriff's Office. On November 5, 2018, the PPC received an update on the on the Racial Justice Task Force's review of the 2 recommendations opposed by the Sheriff's Office. During its October 2018 meeting, the Racial Justice Task Force was given a presentation that provided members of the Task Force with key oversight/monitoring terms, a list of the different forms of monitoring/oversight that occur in detention facilities, descriptions of various law enforcement monitoring/oversight models, and a selection of reasons jurisdictions consider having independent oversight/monitoring. The Task Force then discussed the creation of the small working group with Sheriff staff, and through this discussion determined they wanted to invite Assistant Sheriff Matthew Schuler to speak with the entire Task Force prior to forming the smaller working group. Because Assistant Sheriff Schuler is the executive administrator assigned to the County’s jail, the Task Force believed that this initial discussion with him would help inform the smaller working group’s conversation, and how it might approach further consideration of Task Force Recommendations #18 and #19. On November 13, 2018, PPC interviewed applicants for seven seats for community based representatives on the Racial Justice Oversight Body and recommended appointment to the Board of Supervisors On December 4, 2018, BOS appointed members to the Racial Justice Oversight Body and accepted an update from the Task Force on recommendations #18 and #19 which stated that 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. An Implementation Plan for the Racial Justice Oversight body has yet to be developed. For this reason, this topic should remain on referral to the Committee in 2019. Recommendation: REFER to the 2019 PPC 7. Review of Juvenile Fees assessed by the Probation Department On July 19, 2016, the Board of Supervisors referred to the Public Protection Committee a review of fees assessed for services provided while a minor is in the custody of the Probation Department. Welfare and Institutions Code 903 et seq. provides that the County may assess a fee for the provision of services to a minor in the custody of its Probation Department. This referral follows a statewide discussion as to whether or not these fees should be imposed by counties on the parents or legal guardians of minors in the custody of the County. On September 26, 2016, the Public Protection Committee accepted an introductory report on the issue and voted unanimously to refer the issue to the full Board of Supervisors with two separate options: 1) to adopt a temporary moratorium on the fees and/or 2) refer the issue to the newly formed Racial Justice Task Force for review. On, October 25, 2016, the Board of Supervisors approved a moratorium on certain juvenile fees and directed staff to further review the assessment of juvenile fees and report back to the Public Protection Committee. Ultimately, the Board directed staff and the Committee to return back to the full Board no later than May 2017 with a recommendation as to whether or not juvenile fees should be permanently repealed. In 2017, the Committee received several updates related to the repeal of certain juvenile fees assessed by the County via the Probation Department. Ultimately, the Committee recommended and the Board approved the full repeal of juvenile cost of care fees at the Juvenile Hall and the Orin Allen Youth Rehabilitation Facility. The Juvenile Electronic Monitoring (JEM) fee was also repealed. The Committee also discussed a process by which to refund overpayments made by the guardians of juveniles previously in the custody of the Probation Department and forwarded the issue to the Board on December 12, 2017. On December 12, 2017, the Board of Supervisors authorized a refund process to be commenced by the Probation Department, including the notification of impacted individuals and those that may have been impacted. On April 12, 2018, the Committee received an update on Juvenile Electronic Monitoring fees and the refunding of Juvenile Cost of Care Fees. Recommendation: REFER to the 2019 PPC 8. County Law Enforcement Participation and Interaction with Federal Immigration Authorities On February 7, 2017, the Board of Supervisors referred this issue to the Committee for review. Specifically, there has been growing public concern around the county, especially among immigrant communities, about the nature of local law enforcement interaction with federal immigration authorities. This concern has been increasing due to the current political environment and has impacted the willingness of residents of immigrant communities to access certain health and social services provided by community-based organizations. For example, the Executive Director of Early Childhood Mental Health has reported that a number of Latino families have canceled mental health appointments for their children due to concerns over being deported. The Committee introduced this item at the March 6, 2017 meeting and provided direction to staff, including to continue monitoring Senate Bill 54 (De Leon), which was ultimately passed by the Legislature and signed into law by Governor Brown, tracking relevant court cases involving the current federal immigration policies and practices and to return with information regarding the Sheriff's contract to house federal detainees in County detention facilities, including Immigration and Customs Enforcement (ICE) detainees. At the November 2017 meeting, the Committee received an update on this issue, including the status of current litigation across the country regarding immigration policy and a briefing on the final version of SB 54 (De Leon). County Counsel provided an analysis of policies of the Sheriff's Office and Probation Department showing against the future requirements of SB 54 to become effective January 1, 2018. The Committee directed staff to schedule a special meeting for December 2017 to continue this discussion in advance of the effective date of SB 54 to ensure that the County is in compliance by that time. On February 5, 2018, staff updated the Committee on various litigation related to immigration across the nation and reported on the County's compliance with SB 54 following the January 1, 2018 effective date. In addition, staff reported that the U.S. Department of Justice appears to be satisfied with the County's revised immigration policy in the Sheriff's Office, which strikes a balance with complying with both federal and state law. Also, the Public Defender's Office provided an update on efforts to launch the County's Stand Together Contra Costa program, which provide various services to undocumented residents in the County seeking assistance. Following discussion, the Committee directed staff to return to return to the next meeting with information related to the public forum required under the TRUTH Act and a litigation update. On April 12, 2018, staff provided an update regarding the TRUTH Act community forum determination process. In addition, the Committee directed County Counsel to review a letter submitted by the Asian Law Caucus to Sheriff David Livingston on the evening prior to the meeting regarding the Sheriff's Immigration Status Policy. On May 23, 2018, staff provided an update regarding the due diligence process undertaken to determine whether or not the County was required to hold a TRUTH Act community forum. Staff informed the Committee that, based on responses from County department heads, it is necessary to hold a community forum and the forum had been scheduled for Tuesday, July 24, 2018 at 2:00PM. On June 25, 2018, staff provided an update on the TRUTH Act community forum, specifically with regard to the format. In addition, County Counsel updated the Committee on the various litigation items still outstanding throughout the country related to immigration. On August 6, 2018, staff provided a follow up on the TRUTH Act community forum, including the request of the Sheriff's Office to provide further details on the 63 individuals that the U.S. Immigration and Customs Enforcement (ICE) was provided information about. Staff also provided additional detail about the types of exempt offenses that would allow local law enforcement to provide information about an individual to ICE. County Counsel updated the Committee on the various litigation items still outstanding throughout the country related to immigration. At the September and November meetings, County Counsel provided updates on various litigation items still outstanding throughout the county related to immigration. Recommendation: REFER to the 2019 PPC 9. Juvenile Justice Coordinating Council On February 13, 2018, the Board of Supervisors referred to the Committee a review of the production of the County's Multi-Agency Juvenile Justice Plan. The plan is due to the state on May 1 of each year, as a condition of Contra Costa’s annual funding through the Juvenile Justice Crime Prevention Act (JJCPA) and Youthful Offender Block Grant (YOBG). For Contra Costa County, this amounts to over $8 million in annual funding specifically for juvenile justice activities. In 2018, the Committee accepted an introductory report on the County's Multi-Agency Juvenile Justice Plan and the Juvenile Justice Coordinating Council and a summary of the Juvenile Justice Commission (JJC), the Delinquency Prevention Commission (DPC) and the Juvenile Justice Coordinating Council (JJCC). During the October 2018 meeting, the Committee noted that the County has two advisory bodies that are charged with similar duties, specifically, the Delinquency Prevention Commission and the Juvenile Justice Coordinating Council, and directed staff to return to the Board of Supervisors to combine the functions of the DPC and JJCC. Also during the October 2018 meeting, the committee reviewed the composition of the JJCC and recommended that the JJCC consist of the following: Chief Probation Officer, District Attorney's Office representative, Public Defender's Office representative, Sheriff's Office representative, Board of Supervisors representative, Employment and Human Services Department representative, Behavior Health representative, County Alcohol and Drugs representative, City Police Department Representative, County Office of Education or a school district representative, County Public Health representative, and Eight community-based seats, including a minimum of two representing youth-serving community-based organizations and two youth-aged community representatives (14-21 years old). On December 4, 2018, the Board of Supervisors introduced Ordinance 2018-30 to dissolve the Delinquency Prevention Commission, adopted Resolution 2018/597 to add seats and duties to Juvenile Justice Coordinating Council, and terminated the referral to the Committee on this topic. On December 18, 2018, Ordinance 2018-30 was adopted. Recommendation: REFER to the 2019 PPC 10. Review of Banning Gun Shows at the County Fairgrounds On October 9, 2018, the Board of Supervisors referred to the Public Protection Committee the topic of banning gun shows at the Contra Costa County Fairgrounds and a review of regulations governing the purchase and sale of guns at gun shows. On November 5, 2018, the Committee received an introduction to the referral and directed staff to forward to the full Board of Supervisors a letter to the Board of the Contra Costa County Fairgrounds outlining the County's concerns of hosting gun shows at the fairgrounds, including a request to ban gun shows at the fairgrounds. On December 4, 2018, the Board of Supervisors authorized 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. The Board of the Fairgrounds has not responded. For this reason, this topic should remain on referral to the Committee in 2019. Recommendation: REFER to the 2019 PPC LIST OF ITEMS TO BE REFERRED TO THE 2019 PUBLIC PROTECTION COMMITTEE Welfare fraud investigation and prosecution Multilingual capabilities of the telephone emergency notification system/Community Warning System Contracts County support and coordination of non-profit organization resources to provide prisoner re-entry services and implementation of AB109 public safety realignment Inmate Welfare Fund/Telecommunications/Visitation Issues Opportunities to improve coordination of response to disasters and other public emergencies Racial Justice Oversight Body Implementation Review of juvenile fees assessed by the Probation Department County Law Enforcement Participation and Interaction with Federal Immigration Authorities Update on the Juvenile Justice Coordinating Council Review of Banning Gun Shows at the County Fairgrounds CONSEQUENCE OF NEGATIVE ACTION: The Board of Supervisors will not receive the annual report from the 2018 Public Protection Committee. RECOMMENDATION(S): APPROVE new funding allocation of $142,500 for projects to implement the approved Northern Waterfront Economic Development Initiative Strategic Action Plan, using the remaining funds already authorized for the Initiative. FISCAL IMPACT: There is no new impact on the General Fund. This reallocates existing funding to better identify the types of projects, such as a marketing campaign and event, waterfront access improvements, and predevelopment costs to explore creating a bioscience incubator, that will be undertaken in 2019-2020. BACKGROUND: In 2017, the Northern Waterfront Economic Development Initiative identified three work areas: outreach, data developments & analytics, and the Strategic Action Plan (SAP), and the Board approved $500,000 for them. In addition to the consultant work on the Conceptual Framework for Human Capital and SAP completed in the past two years, the short-line rail study grant match has also been appropriated. This leaves about $237,000 from the original $500,000. The SAP was approved by the Board in January 2019. Other "data developments and analytics" projects originally slated to use those funds dating from 2015-17, such as an industrial parcel database, have become lower priorities of the NWEDI partnership. Staff's APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Amalia Cunningham, 925-674-7869 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 79 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:February 26, 2019 Contra Costa County Subject:Northern Waterfront Economic Development Initiative Strategic Action Plan Implementation BACKGROUND: (CONT'D) recommendation is to reallocate funding to the projects slated to get underway this year. The current projects include a joint marketing campaign, predevelopment costs to explore using County-owned property in Hercules for bioscience, a Northern Waterfront forum in May (costs will include refreshments for attendees, stage and equipment rental, and videography by CCTV, among other items) and Crockett community waterfront access planning. This latter item is an evolution of the State Lands line item that was included in the 2017 list of projects; while the State Lands Commission has not been supportive of a wholesale assignment of waterfront leases to the County, there may be a possibility to assume responsibility for small discrete areas with community support. The Port Street area of Crockett is a candidate. Staff also hopes to create a promotional video for the Northern Waterfront, estimated at $10,000, as part of the marketing line item below. Marketing has emerged as a priority of the working group, since the Northern Waterfront brand is gaining traction in the Bay Area and State, and needs professional marketing to go to the next level. The projects listed below, with the exception of the event, will stretch into 2020 or beyond and, at this point, the cost estimates are preliminary. Staff expects new projects will emerge as implementation and collaboration take root, and accordingly have not programmed all the remaining funds yet. A Memorandum of Understanding is under negotiation with partner cities, and additional priorities may come out of that process when it is finalized later this year. Subject to Board approval, approximately $94,500 remains for Northern Waterfront implementation activities in the future. 2019-2020 Northern Waterfront Economic Development Initiative Implementation Northern Waterfront project funding approved by Board in 2017 $500,000 Committed to consultant contracts or grant match $263,000 Hercules site exploration for bioscience $50,000 May forum $12,500 State Lands/Crockett waterfront access $10,000 Collaborative marketing and promotional video $70,000 Subtotal of 2019-20 implementation projects $142,500 Remaining Northern Waterfront funding for future projects:$94,500 CONSEQUENCE OF NEGATIVE ACTION: If the Board does not approve this recommendation, it will be difficult to move forward on implementation on the approved Northern Waterfront Strategic Action Plan using old project descriptions and outdated cost estimates. RECOMMENDATION(S): ACCEPT the January 2019 update of the operations of the Employment and Human Services Department, Community Services Bureau, as recommended by the Employment and Human Services Director. FISCAL IMPACT: There is no fiscal impact. BACKGROUND: The Employment and Human Services Department submits a monthly report to the Contra Costa County Board of Supervisors (BOS) to ensure ongoing communication and updates to the County Administrator and BOS regarding any and all issues pertaining to the Head Start Program and Community Services Bureau. CONSEQUENCE OF NEGATIVE ACTION: The Board would not receive an update on the operations of the Community Services Bureau as requested. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 80 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:February 26, 2019 Contra Costa County Subject:January 2019 Operations Update of the Employment and Human Services Department, Community Services Bureau ATTACHMENTS CSB Jan 2019 CAO Report CSB Jan 2019 Report HS Fiscal CSB Jan 2019 Report EHS Fiscal CSB Jan 2019 CACFP CSB Jan 2019 Report EHS CC Partnership 1 CSB Jan 2019 Report EHS CC Partnership 2 CSB Jan 2019 LIHEAP CSB Jan 2019 Credit Card Report CSB Jan 2019 Menu P: 925 681 6300 F: 925 313 8301 1470 Civic Court , Suite 200 Concord, CA 94520 www.cccounty.us/ehsd To: David Twa, Contra Costa County Administrator From: Kathy Gallagher, EHSD Director Subject: Community Services Monthly Report Date: January 2019 News /Accomplishments  During the week of January 28th, CSB’s Child Nutrition Unit underwent a triennial review with the Child and Adult Care Food Program (CACFP). The comprehensive review included examination of financial management, procurement procedures, reviewing enrollment documents, checking eligibility forms, comparing meal counts to enrollment, reviewing menus, comparing menu/recipes with CACFP’s meal pattern and invoices, as well as reviewing forms for children with food allergies. The reviewer also observed family style meal s at GMIII and Balboa centers. The review ended with one small finding related to a discrepancy with a State report which was immediately fixed. The reviewer was impressed with everything else.  The Community Services Bureau (CSB) is scheduled for the Focus Area One (FA1) review the week of March 11, 2019. The Office of Head Start (OHS) Aligned Monitoring System is composed of three reviews over the five-year grant period, the first of which is the FA1 review. This monitoring system is intended to eval uate Head Start programs for approach to program design, performance, and continuous improvement. During the FA1 review, CSB administrators, manages and parents will share best practices and CSB’s data-driven systems employed to ensure high quality program delivery.  On January 18, 2019, CSB in partnership with Contra Costa College (CCC) and the YMCA of the East Bay had the honor of graduating its first cohort – a total of 11 students (6 from CSB) – who completed the Head Start Teacher Apprenticeship Program , a track designed to assist Teacher Assistants in acquiring the four Early Childhood Education (ECE) core courses needed to become eligible to apply for the California Child Development Associate Teacher Permit. The graduation ceremony was held at Contra Costa College, and was truly a delight to see the families and friends who attended in support of their graduate's achievement. We truly thank all those who contributed to the success of this program and are looking forward to start the second cohort. CSB recently applied for workforce funds to begin a AA and BA TAP track.  CSB Policy Council Executive Team, PFCE (Parent, Family, and Community Engagement) Manager, Ana Araujo, and support staff attend National Head Start Associati on Annual Parent and Family Engagement Conference in Orlando, FL. This national event focuses on how communities, families, and Head Start program staff can work together to promote family engagement in children’s learning and development to achieve positive outcomes. The PC Executive team members participated in many enriching workshops focusing on leadership, collaboration, and Head Start initiatives. The team had the opportunity to meet with CSB Director, Camilla Rand , who also attended the conference to facilitate a workshop on Communities of Practice for new directors from across the cc: Policy Council Chair 2 country. All participants were excited about what they learned and were delighted to sharing their knowledge with program families and staff at the Policy Council Meeting on January 16.  CSB’s central kitchen once again catered the Annual Board of Supervisor’s Martin Luther King celebration held at the Board Chambers on January 21. Each year, CSB’s Central Kitchen Unit is asked to provide a meal for the public at this event in celebration of community humanitarians. The amazing southern style cuisine was delicious and enjoyed by all.  A training on professionalism in the ECE classroom was provided to all Teacher Assistan t Trainees (TATs) in December. The training addressed several key items, including interactions with families and how to handle stressful situations. The training solidified the importance of the TAT role in the classroom.  The Economic Opportunity Council (EOC) is preparing for a Roundtable event for the 2019 awardees of the Community Se rvices Block Grant Funds on February 25th at CSB’s Administration Office in Concord. The purpose of this event is to network and create a system of care among the subcontractors. The EOC will also hold three public hearings to determine the priority areas in addressing poverty in the next two years. I. Status Updates: a. Caseloads, workload (all programs)  Head Start enrollment: 98.9%  Early Head Start enrollment: 100.6%  Early Head Start Child Care Partnership enrollment: 100%  Early Head Start Child Care P artnership # 2 enrollment: 100%  Head Start Average Daily Attendance: 71.06%  Early Head Start Average Daily Attendance: 75.5%  Early Head Start Child Care Partnership Attendance: 75.5%  Stage 2: 440 families and 698 children  CAPP: 119 families and 199 children - In total: 559 families and 897 children - Incoming transfers from Stage 1: 23 families and 34 children  LIHEAP: 273 households have been assisted  Weatherization: 17 households b. Staffing:  During the month of January, CSB hired two permanent and one temporary Intermediate Clerk, one Preschool Teacher and one Infant / Toddler Teacher, three temporary Teacher Assist ant Trainees (TAT) and three Associate Teachers to provide sufficient administrative support to the program, and maintain a viable pull of substitutes needed for the classrooms.  The Bureau is in the final stage of reviewing the job description for Child Nutrition Food Supervisor position to open recruitment to fill the cc: Policy Council Chair 3 position permanently. CSB continues to urgently seek suitable candidates to fill the Assistant Director position is west Contra Costa County. Additionally, an open recruitment to fill Comprehensive Services Manager, Mental Health & Disabilities as the positio n became vacant at the end of 2018. Interviews shall be conducted in earlier February if not earlier. c. Union Issues:  There are no issues to report at this time . II. Emerging Issues and Hot Topics:  DRDPOnline is taking longer than expected to get up and running. CDE is aware and sent out a bulletin on 11/20/2018, but many of the planned features that were supposed to be available in December are still not available now in January. They have reverte d back to DRDPTech for reporting needs because they were not able to build reports into DRDPOnline in a timely manner, but DRDPTech is also experiencing issues drawing the data from DRDPOnline. Due to these setbacks, we are unable to obtain agency -wide DRDP data. 1 2 3 4 5 DESCRIPTION Total Remaining % YTD Actual Budget Budget YTD a. PERSONNEL 3,754,459$ 4,203,352$ 448,893$ 89% b. FRINGE BENEFITS 2,314,821 2,586,739 271,918 89% c. TRAVEL - - - 0% d. EQUIPMENT 84,750 101,600 16,850 0% e. SUPPLIES 193,044 207,200 14,156 93% f. CONTRACTUAL 5,857,137 6,880,965 1,023,828 85% g. CONSTRUCTION - - - 0% h. OTHER 1,138,390 1,445,343 306,953 79% I. TOTAL DIRECT CHARGES 13,342,601$ 15,425,199$ 2,082,598$ 86% j. INDIRECT COSTS 907,624 878,928 (28,696) 103% k. TOTAL-ALL BUDGET CATEGORIES 14,250,225$ 16,304,127$ 2,053,902$ 87% In-Kind (Non-Federal Share)4,076,032$ 4,076,032$ (0)$ 100% CONTRA COSTA COUNTY COMMUNITY SERVICES BUREAU 2017 HEAD START PROGRAM December 2017 Expenditures 1 2 3 4 5 6 7 8 9 Jan-17 Apr-17 Jul-17 Oct-17 thru thru thru thru Total YTD Total Remaining % Mar-17 Jun-17 Sep-17 Dec-17 Actual Budget Budget YTD a. Salaries & Wages (Object Class 6a) Permanent 1011 875,671 785,929 768,688 963,344 3,393,632 3,426,172 32,540 99% Temporary 1013 103,918 105,930 67,161 83,818 360,827 777,180 416,353 46% a. PERSONNEL (Object class 6a)979,588 891,859 835,850 1,047,162 3,754,459 4,203,352 448,893 89% b. FRINGE (Object Class 6b)599,025 527,720 530,568 657,507 2,314,821 2,586,739 271,918 2,314,821 d. EQUIPMENT (Object Class 6d)- - - 84,750 84,750 101,600 16,850 84,750 e. SUPPLIES (Object Class 6e) 1. Office Supplies 7,053 7,122 7,627 23,988 45,790 47,100 1,310 97% 2. Child and Family Services Supplies (Includesclassroom Supplies)12,704 1,694 7,680 30,363 52,441 52,700 259 100% 4. Other Supplies Computer Supplies, Software Upgrades, Computer Replacement 1,850 2,267 11,631 68,824 84,571 86,900 2,329 97% Health/Safety Supplies 765 107 37 596 1,504 5,000 3,496 30% Mental helath/Diasabilities Supplies 82 359 - - 440 600 160 73% Miscellaneous Supplies 742 1,856 1,456 1,367 5,421 6,200 779 87% Emergency Supplies - - 29 - 29 4,500 4,471 1% Household Supplies 93 1,364 1,018 372 2,847 4,200 1,353 68% TOTAL SUPPLIES (6e)23,288 14,769 29,477 125,509 193,044 207,200 14,156 93% f. CONTRACTUAL (Object Class 6f)- 1. Adm Svcs (e.g., Legal, Accounting, Temporary Contracts)4,593 25,396 26,076 34,387 90,451 102,000 11,549 89% Estimated Medical Revenue from Medi-Cal (Org 1432 - credit)- - - - - (380,031) (380,031) 0% Health Consultant 11,250 11,021 14,000 10,920 47,192 45,700 (1,492) 103% 5. Training & Technical Assistance - PA11 Interaction - - - - - 3,000 3,000 0% Diane Godard ($50,000/2)6,250 5,050 - - 11,300 11,500 200 98% Josephine Lee ($35,000/2)2,550 3,975 - 525 7,050 14,300 7,250 49% Susan Cooke ($60,000/2)- - - - - 15,000 15,000 7. Delegate Agency Costs First Baptist Church Head Start PA22 132,151 448,817 254,714 631,183 1,466,864 2,101,965 635,101 70% First Baptist Church Head Start PA20 - - - - - 8,000 8,000 0% 8. Other Contracts FB-Fairgrounds Partnership (Wrap)11,605 18,920 12,460 30,600 73,585 74,213 628 99% FB-Fairgrounds Partnership 28,800 42,300 27,450 33,013 131,563 183,600 52,037 72% FB-E. Leland/Mercy Housing Partnership - - - - - - - Martinez ECC (18 HS slots x $225/mo x 12/mo)18,000 27,000 17,325 27,000 89,325 108,000 18,675 83% YMCA of the East Bay (20 HS slots x $225/mo x 12/mo) 9,000 - - - 9,000 9,000 - 100% YMCA Richmond CDC, Lucas Ave.(48 slots x 12 x $350) $201,600 - - - - - 64,800 64,800 0% YMCA 8th CDC, Lucas Ave.(48 slots x 12 x $350) $201,600 - - - - - 64,800 64,800 0% YMCA Giant Rd. CDC (16 slots x 12 x $350) $67,200 - - - - - 21,600 21,600 0% YMCA Rodeo CDC(24 slots x 12 x $350) $100,800 - - - - - 32,400 32,400 0% Child Outcome Planning and Administration (COPA/Nulinx)4,715 2,518 - 10,036 17,269 17,500 231 99% Enhancement/wrap-around HS slots with State CD Program 2,488 1,040,642 1,179,973 1,690,435 3,913,538 4,383,618 470,080 89% f. CONTRACTUAL (Object Class 6f)231,403 1,625,638 1,531,998 2,468,099 5,857,137 6,880,965 1,023,828 85% h. OTHER (Object Class 6h)- 2. Bldg Occupancy Costs/Rents & Leases 88,469 86,976 53,619 124,157 353,221 381,200 27,979 93% (Rents & Leases/Other Income)- - (1,325) (200) (1,525) - 1,525 4. Utilities, Telephone 61,337 72,769 49,820 66,526 250,452 275,000 24,548 91% 5. Building and Child Liability Insurance 2,770 - - 32 2,802 3,500 698 80% 6. Bldg. Maintenance/Repair and Other Occupancy 2,129 9,819 9,041 10,454 31,443 35,000 3,557 90% 8. Local Travel (55.5 cents per mile effective 1/1/2012)5,919 10,233 5,770 9,111 31,033 36,000 4,967 86% 9. Nutrition Services - - - - - - Child Nutrition Costs 74,312 95,198 6,289 89,327 265,126 410,000 144,874 65% (CCFP & USDA Reimbursements)(95,310) (51,318) 1 (4,698) (151,325) (200,000) (48,676) 76% 13. Parent Services - - - - Parent Conference Registration - PA11 - - 828 9,312 10,139 5,700 (4,439) 178% PC Orientation, Trainings, Materials & Translation - PA11 1,577 2,376 144 437 4,534 1,700 (2,834) 267% Parent Activities (Sites, PC, BOS luncheon) & Appreciation 619 47 2,992 1,232 4,890 5,000 110 98% Child Care/Mileage Reimbursement 2,163 2,223 797 2,020 7,204 9,700 2,496 74% 14. Accounting & Legal Services - - - - Auditor Controllers 973 - - 791 1,764 2,000 236 88% Data Processing/Other Services & Supplies 2,906 3,403 2,870 4,309 13,488 14,900 1,412 91% 15. Publications/Advertising/Printing - - - - Outreach/Printing 75 - - - 75 100 25 75% Recruitment Advertising (Newspaper, Brochures)7,142 - - - 7,142 9,000 1,858 79% 16. Training or Staff Development - - - - - - - Agency Memberships (WIPFLI, Meeting Fees, NHSA, NAEYC, etc.)2,612 6,543 3,591 5,115 17,861 8,598 (9,263) 208% Staff Trainings/Dev. Conf. Registrations/Memberships - PA11 9,672 13,477 10,086 7,582 40,818 20,000 (20,818) 204% 17. Other - Site Security Guards 6,274 8,944 254 339 15,811 32,000 16,189 49% Dental/Medical Services - - - - - 1,000 1,000 0% Vehicle Operating/Maintenance & Repair 10,879 18,701 8,152 27,544 65,276 79,000 13,724 83% Equipment Maintenance Repair & Rental 12,746 13,505 17,910 50,392 94,553 140,000 45,447 68% Dept. of Health and Human Services-data Base (CORD)839 - - 912 1,752 12,000 10,248 15% Other Operating Expenses (Facs Admin/Other admin)13,510 21,614 15,839 20,895 71,858 89,945 18,087 80% Other Departmental Expenses - - - - - 74,000 74,000 0% h. OTHER (6h)211,613 314,511 186,677 425,589 1,138,390 1,445,343 306,953 79% I. TOTAL DIRECT CHARGES (6a-6h)2,044,917 3,374,497 3,114,569 4,808,617 13,342,601 15,425,199 2,082,598 86% j. INDIRECT COSTS 184,523 238,804 104,639 379,658 907,624 878,928 (28,696) 103% k. TOTALS (ALL BUDGET CATEGORIES)2,229,440 3,613,301 3,219,209 5,188,275 14,250,225 16,304,127 2,053,902 87% Non-Federal Share (In-kind)337,367 645,666 1,609,604 1,483,394 4,076,032 4,076,032 (0) 100% CONTRA COSTA COUNTY COMMUNITY SERVICES BUREAU 2017 HEAD START PROGRAM December 2017 Expenditures 1 2 3 4 5 DESCRIPTION Total Remaining % YTD Actual Budget Budget YTD a. PERSONNEL 228,297$ 661,939$ 433,642$ 34% b. FRINGE BENEFITS 138,530 413,339 274,809 34% c. TRAVEL - - - 0% d. EQUIPMENT - - - 0% e. SUPPLIES 18,150 16,800 (1,350) 108% f. CONTRACTUAL 3,124,639 2,292,672 (831,967) 136% g. CONSTRUCTION - - - 0% h. OTHER 45,842 99,983 54,141 46% I. TOTAL DIRECT CHARGES 3,555,458$ 3,484,733$ (70,725)$ 102% j. INDIRECT COSTS 72,932 143,657 70,725 51% k. TOTAL-ALL BUDGET CATEGORIES 3,628,390$ 3,628,390$ 0$ 100% In-Kind (Non-Federal Share)907,098$ 907,098$ (0)$ 100% CONTRA COSTA COUNTY COMMUNITY SERVICES BUREAU 2018 EARLY HEAD START PROGRAM December 2018 Expenditures 1 2 3 4 5 6 Actual Total YTD Total Remaining % Dec-18 Actual Budget Budget YTD Expenditures a. Salaries & Wages (Object Class 6a) Permanent 1011 15,911 205,141 580,660 375,519 35% Temporary 1013 1,637 23,155 81,279 58,124 28% a. PERSONNEL (Object class 6a)17,547 228,297 661,939 433,642 34% b. FRINGE (Object Class 6b)14,179 138,530 413,339 274,809 34% e. SUPPLIES (Object Class 6e) 1. Office Supplies 37 7,853 8,000 147 98% 2. Child and Family Serv. Supplies/classroom Supplies - 7,780 6,300 (1,480) 123% 4. Other Supplies - - - Computer Supplies, Software Upgrades, Comp Replacemnt54 394 400 6 98% Health/Safety Supplies - 693 700 7 99% Miscellaneous Supplies 478 1,297 1,200 (97) 108% Household Supplies 29 133 200 67 e. SUPPLIES (Object Class 6e)599 18,150 16,800 (1,350) 108% f. CONTRACTUAL (Object Class 6f) 1. Adm Svcs ( Legal, Accounting, Temporary Contracts)- 74 1,000 926 7% 2. Health/Disabilities Services - - - Health Consultant 720 11,400 19,500 8,100 58% 5. Training & Technical Assistance - PA11 - Interaction - - 5,500 5,500 0% Diane Godard - - 7,500 7,500 0% Josephine Lee ($35,000/2)- - 5,000 5,000 0% Susan Cooke ($60,000/2)- - 6,500 6,500 0% 8. Other Contracts FB-Fairgrounds Partnership 20,000 71,000 81,000 10,000 88% FB-E. Leland/Mercy Housing Partnership 16,000 136,000 137,000 1,000 99% Apiranet 51,000 538,000 572,000 34,000 94% Crossroads 28,000 130,672 145,000 14,328 90% Martinez ECC 8,000 88,000 109,000 21,000 81% Child Outcome Planning & Admini. (COPA/Nulinx)- 1,419 3,000 1,581 47% Enhancement/wrap-around HS slots with State CD Prog.- 2,148,074 1,200,672 (947,402) 179% f. CONTRACTUAL (Object Class 6f)123,720 3,124,639 2,292,672 (831,967) 136% h. OTHER (Object Class 6h) 2. Bldg Occupancy Costs/Rents & Leases 234 2,332 3,050 718 76% (Rents & Leases/Other Income)- (250) (250) - 4. Utilities, Telephone 259 3,652 5,600 1,948 65% 5. Building and Child Liability Insurance - - - - 6. Bldg. Maintenance/Repair and Other Occupancy 32 1,308 6,200 4,892 21% 8. Local Travel (55.5 cents per mile)81 2,841 6,500 3,659 44% 9. Nutrition Services - - - - Child Nutrition Costs - 870 1,100 230 79% (CCFP & USDA Reimbursements)- (320) (800) (480) 13. Parent Services Parent Conference Registration - PA11 - - 2,000 2,000 0% Parent Resources (Parenting Books, Videos, etc.) - PA11 - 384 2,000 1,616 19% PC Orientation, Trainings, Materials & Translation - PA11 - 1,011 4,000 2,989 25% Policy Council Activities - - 1,000 1,000 0% Parent Activities (Sites, PC, BOS luncheon) & Appreciation 2 802 1,500 698 53% Child Care/Mileage Reimbursement 182 718 500 (218) 144% 14. Accounting & Legal Services Data Processing/Other Services & Supplies 409 3,656 3,200 (456) 114% 15. Publications/Advertising/Printing Recruitment Advertising (Newspaper, Brochures)- - 100 100 16. Training or Staff Development Agency Memberships (WIPFLI, Meeting Fees, NHSA, NAEYC)416 2,615 20,200 17,585 13% Staff Trainings/Dev. Conf. Registrations/Memberships - PA11860 9,507 30,244 20,737 31% 17. Other Site Security Guards - 752 1,000 248 75% Vehicle Operating/Maintenance & Repair 2,333 14,626 8,000 (6,626) 183% Equipment Maintenance Repair & Rental 66 956 1,000 44 96% Other Operating Expenses (Facs Admin/Other admin)(831) 382 3,839 3,457 10% Other Departmental Expenses - - - - h. OTHER (6h)4,043 45,842 99,983 54,141 46% I. TOTAL DIRECT CHARGES (6a-6h)160,089 3,555,458 3,484,733 (70,725) 102% j. INDIRECT COSTS 9,199 72,932 143,657 70,725 51% k. TOTALS - ALL BUDGET CATEGORIES 169,288 3,628,390 3,628,390 0 100% Non-Federal Match (In-Kind)46,103 907,098 907,098 (0) 100% CONTRA COSTA COUNTY COMMUNITY SERVICES BUREAU 2018 EARLY HEAD START PROGRAM December 2018 Expenditures 2018 Month covered November Approved sites operated this month 14 Number of days meals served this month 18 Average daily participation 669 Child Care Center Meals Served: Breakfast 9,802 Lunch 12,045 Supplements 8,184 Total Number of Meals Served 30,031 fldr/fn:2018 CAO Monthly Reports EMPLOYMENT & HUMAN SERVICES DEPARTMENT COMMUNITY SERVICES BUREAU CHILD NUTRITION FOOD SERVICES CHILD and ADULT CARE FOOD PROGRAM MEALS SERVED FY 2018-2019 1 2 3 4 5 DESCRIPTION Total Remaining % YTD Actual Budget Budget YTD a. PERSONNEL 217,498$ 297,675$ 80,177$ 73% b. FRINGE BENEFITS 127,537 206,426 78,889 62% c. TRAVEL - - - 0% d. EQUIPMENT - - - 0% e. SUPPLIES 15,402 6,900 (8,502) 223% f. CONTRACTUAL 106,425 467,260 360,835 23% g. CONSTRUCTION - 0% h. OTHER 30,897 74,699 43,802 41% I. TOTAL DIRECT CHARGES 497,760$ 1,052,960$ 555,200$ 47% j. INDIRECT COSTS 67,456 66,120 (1,336) 102% k. TOTAL-ALL BUDGET CATEGORIES 565,216$ 1,119,080$ 553,864$ 51% In-Kind (Non-Federal Share)130,443$ 279,770$ 149,327$ 47% CONTRA COSTA COUNTY COMMUNITY SERVICES BUREAU EARLY HEAD START- CC PARTNERSHIP #1 December 2018 Expenditures 1 2 3 4 5 6 Actual Total YTD Total Remaining % Dec-18 Actual Budget Budget YTD Expenditures a. Salaries & Wages (Object Class 6a) Permanent 1011 34,872 210,979 294,675 83,696 72% Temporary 1013 1,116 6,519 3,000 (3,519) 217% TOTAL PERSONNEL (6a)35,988 217,498 297,675 80,177 73% b. FRINGE BENEFITS (Object Class 6b) Fringe Benefits 21,761 127,537 206,426 78,889 62% TOTAL FRINGE (6b)21,761 127,537 206,426 78,889 62% e. SUPPLIES (Object Class 6e) 1. Office Supplies 14 1,115 500 (615) 223% 2. Child and Family Services Supplies (Incl.classroom Supplies)(1,149) 11,842 3,300 (8,542) 359% 3. Other Supplies Computer Supplies, Software Upgrades, Computer Replacement 292 585 1,000 415 58% Miscellaneous Supplies - 67 100 33 67% Household Supplies 10 1,793 2,000 207 90% TOTAL SUPPLIES (6e)(832) 15,402 6,900 (8,502) 223% f. CONTRACTUAL (Object Class 6f) 1. Adm Svcs (e.g., Legal, Accounting, Temporary Contracts)- 390 8,000 7,610 5% 2. Other Contracts Contra Costa Child Care Council (52 slots x $500)23,000 65,000 312,000 247,000 21% Loss of Subsidy - 1,035 15,000 13,965 7% Children and Family Supplies (Diapers, etc)- - 12,260 12,260 0% First Baptist (20 slots x $500)14,000 40,000 120,000 80,000 33% TOTAL CONTRACTUAL (6f)37,000 106,425 467,260 360,835 23% h. OTHER (Object Class 6h) 1. Bldg Occupancy Costs/Rents & Leases 1,181 7,911 15,000 7,089 53% 2. Utilities, Telephone 1,065 8,584 18,000 9,416 48% 3. Bldg. Maintenance/Repair and Other Occupancy 6 582 2,000 1,418 29% 4. Local Travel (54.5 cents per mile effective 1/1/2018)346 846 2,800 1,954 30% 5. Parent Services Parent Activities (Sites, PC, BOS luncheon) & Appreciation - - 200 200 0% 6. Accounting & Legal Services Legal (County Counsel)- - 500 500 0% Auditor Controllers - - 1,000 1,000 0% Data Processing/Other Services & Supplies 139 697 1,000 303 70% 7. Publications/Advertising/Printing Recruitment Advertising (Newspaper, Brochures)- - 100 100 0% 8. Training or Staff Development Staff Trainings/Dev. Conf. Registrations/Memberships - PA11 938 11,386 25,907 14,521 44% 9. Other Vehicle Operating/Maintenance & Repair - - 1,000 1,000 0% Equipment Maintenance Repair & Rental 393 393 3,000 2,607 13% Other Operating Expenses (CSD Admin/Facs Mgt. Alloc-1401)(870) 497 4,192 3,695 12% h. OTHER (6h)3,198 30,897 74,699 43,802 41% I. TOTAL DIRECT CHARGES (6a-6h)97,114 497,760 1,052,960 555,200 47% j. INDIRECT COSTS 15,188 67,456 66,120 (1,336) 102% k. TOTALS - ALL BUDGET CATEGORIES 112,302 565,216 1,119,080 553,864 51% Non-federal Match In-Kind 28,075 130,443 279,770 149,327 47% CONTRA COSTA COUNTY COMMUNITY SERVICES BUREAU EARLY HEAD START- CC PARTNERSHIP #1 December 2018 Expenditures 1 2 3 4 5 DESCRIPTION Total Remaining % YTD Actual Budget Budget YTD a. PERSONNEL 188,795$ 622,636$ 433,842$ 30% b. FRINGE BENEFITS 113,170 372,885 259,715 30% c. TRAVEL - - - 0% d. EQUIPMENT - - - 0% e. SUPPLIES 19,941 56,000 36,059 36% f. CONTRACTUAL 129,525 1,058,400 928,875 12% g. CONSTRUCTION - - - 0% h. OTHER 428,200 1,388,379 960,180 31% I. TOTAL DIRECT CHARGES 879,630$ 3,498,301$ 2,618,671$ 25% j. INDIRECT COSTS 58,552 131,714 73,162 44% k. TOTAL-ALL BUDGET CATEGORIES 938,182$ 3,630,015$ 2,691,833$ 26% In-Kind (Non-Federal Share) 170,312$ 885,122$ 714,810$ 19% CONTRA COSTA COUNTY COMMUNITY SERVICES BUREAU EARLY HEAD START- CC PARTNERSHIP #2 December 2018 Expenditures 1 2 3 4 5 6 Actual Total YTD Total Remaining % Dec-18 Actual Budget Budget YTD Expenditures a. Salaries & Wages (Object Class 6a) Permanent 1011 43,924 183,702 551,730 368,028 33% Temporary 1013 1,944 5,092 70,906 65,814 7% a. PERSONNEL (Object class 6a) 45,868 188,795 622,636 433,842 30% b. FRINGE BENEFITS (Object Class 6b) Fringe Benefits 26,794 113,170 372,885 259,715 30% b. FRINGE (Object Class 6b) 26,794 113,170 372,885 259,715 30% e. SUPPLIES (Object Class 6e) 1. Office Supplies 18 234 10,000 9,766 2% 2. Child and Family Services Supplies (Incl.classroom Supplies)2,781 16,813 30,000 13,187 56% 3. Other Supplies Computer Supplies, Software Upgrades, Computer Replacement 33 45 12,000 11,955 0% Health/Safety Supplies - 2,560 2,500 (60) 102% Miscellaneous Supplies 315 587 1,000 413 59% Household Supplies (329) (297) 500 797 -59% e. SUPPLIES (Object Class 6e) 2,817 19,941 56,000 36,059 36% f. CONTRACTUAL (Object Class 6f) 1. Adm Svcs (e.g., Legal, Accounting, Temporary Contracts)- 67 30,000 29,933 0% 2. Health/Disabilities Services Health Consultant (Judy Ventling, LVN) - 4,320 6,000 1,680 72% 3. Training and Technical Assistance- PA11 Interaction - - 4,000 4,000 0% Diane Godard - - 4,000 4,000 0% Josephine Lee 2,325 5,638 8,000 2,363 70% Susan Cooke - - 8,000 8,000 0% UCSF Benioff - - 4,000 4,000 0% 4. Other Contracts First Baptist/ Kid's Castle (2 slots x 12 mos. x $500) 2,000 2,000 12,000 10,000 17% YMCA of the East Bay (44 slots x12 mos. x $500 + $15,000 loss of subsidy)- - 279,000 279,000 0% KinderCare Mahogany (32 slots x 12 mos. x $500 + $15,000 loss of subsidy)53,500 61,500 207,000 145,500 30% Baby Yale Brentwood (41 slots x 12 mos. x $500 + $10,000 loss of subsidy)19,000 35,000 256,000 221,000 14% Tiny Toes (8 slots x 12 mos. x $500 +$5,000 loss of sunsidy)11,500 18,000 53,000 35,000 34% One Solution Technology (CLOUD) (22,800) 3,000 187,400 184,400 2% f. CONTRACTUAL (Object Class 6f) 65,525 129,525 1,058,400 928,875 12% h. OTHER (Object Class 6h)- 1. Bldg Occupancy Costs/Rents & Leases - (33) 12,000 12,033 0% 2. Utilities, Telephone 51 532 8,000 7,468 7% 3. Building & Child Liability Insurance - - 6,000 6,000 0% 4. Bldg. Maintenance/Repair and Other Occupancy 13,883 13,970 9,000 (4,970) 155% 5. Local Travel (54.5 cents per mile effective 1/1/2018) 621 1,198 5,000 3,802 24% 6. Nutrition Services Child Nutrition Costs - - 15,000 15,000 0% CCFP and USDA Reimbursements - - (12,000) (12,000) 0% 7. Parent Services Parent Conference Registration/Trainings - - 3,000 3,000 0% Parent Resources (Parenting Books, Videos, etc.) - - 4,500 4,500 0% PC Orientation, Trainings (including food) , Materials & Translation - - 5,000 5,000 0% Policy Council Meetings (including food) - - 1,000 1,000 0% Parent Activities (Sites, PC, BOS luncheon) & Appreciation (including food)- - 2,000 2,000 0% Child Care/Mileage Reimbursement - - 1,000 1,000 0% 8. Accounting and Legal Services Auditor-Controller/Legal Council (County Council) - - 500 500 0% Data Processing/Other Services & Supplies 246 738 1,000 262 74% 9. Publications/Advertising/Printing Outreach/Printing - - 500 500 0% Recruitment Advertising (Newspaper, Brochures) - - 1,000 1,000 0% 10. Training or Staff Development Agency Memberships (WIPFLI, Meeting Fees, NHSA, NAEYC)- - 2,500 2,500 0% Family, Community, and Parent Engagement (including food)- - 16,000 16,000 0% Staff trainings-Nutrition, Prog. Regs, Bus/Mgmt Systems; IT (including food)3,756 4,069 21,354 17,285 19% 11. Other Collaboration with Child Development Program 100,177 407,494 1,252,600 845,106 33% Site Security Guards - - 3,000 3,000 0% Vehicle Operating/ Maintenance and Repair - - 5,000 5,000 0% Equipment Maintenance Repair and Rental 680 680 3,720 3,041 18% Other Operating Expenses (CSD Admin/Facs Mgt. Allocation)(1,518) (447) 21,705 22,152 -2% h. OTHER (6h) 117,895 428,200 1,388,379 960,180 31% I. TOTAL DIRECT CHARGES (6a-6h) 258,899 879,630 3,498,301 2,618,671 25% CONTRA COSTA COUNTY COMMUNITY SERVICES BUREAU EARLY HEAD START- CC PARTNERSHIP #2 December 2018 Expenditures 1 2 3 4 5 6 Actual Total YTD Total Remaining % Dec-18 Actual Budget Budget YTD CONTRA COSTA COUNTY COMMUNITY SERVICES BUREAU EARLY HEAD START- CC PARTNERSHIP #2 December 2018 Expenditures j. INDIRECT COSTS 20,024 58,552 131,714 73,162 44% k. TOTALS - ALL BUDGET CATEGORIES 278,924 938,182 3,630,015 2,691,833 26% Non-federal Match In-Kind 41,839 170,312 885,122 714,810 19% CAO Monthly Report CSBG and Weatherization Programs Year-to-Date Expenditures As of December 31, 2018 1.2018 LIHEAP WX Contract # 18B-4005 Term: Oct. 1, 2017 - July 31, 2019 Amount: WX $ 908,636 Total Contract 908,636$ Expenditures (908,616) Balance 20$ Expended 100% 2.2018 LIHEAP ECIP/EHA 16 Contract # 18B-4005 Term: Oct. 1, 2017 - July 31, 2019 Amount: EHA 16 $ 907,105 Total Contract 907,105$ Expenditures (824,088) Balance 83,017$ Expended 91% 4.2018 COMMUNITY SERVICES BLOCK GRANT (CSBG) Contract # 18F-5007 Term: Jan. 1, 2018 - May 31, 2019 Amount: $ 860,369 Total Contract 860,369$ Expenditures (737,422) Balance 122,947$ Expended 86% fldr/fn:CAO Monthly Reports/WX YTD Exp-CAO Mo Rprt 12-2018 SUMMARY CREDIT CARD EXPENDITURE Agency: Community Services Bureau Authorized Users C. Rand, Bureau Dir xxxx8798 Month:December 2018 K. Mason, Div Mgr xxxx2364 C. Reich, Div Mgr xxxx4959 Credit Card:Visa/U.S. Bank S. Kim, Sr. Bus. Systems Analyst xxxx1907 M. Bedros, AD xxxx1416 A. Wells, AD xxxx8777 P. Arrington, AD xxxx3838 I. Renggenathen, AD xxxx0494 R. Radeva, PSA III xxxx1899 Corporate Acct. Number xxxx5045 Fund Org Acct. code Stat. Date Card Account #Amount Program Purpose/Description 1401 2100 12/24/18 xxxx5045 105.49 Indirect Admin Costs Office Exp 1401 2100 12/24/18 xxxx5045 78.14 Indirect Admin Costs Office Exp 183.63 1401 2102 12/24/18 xxxx1907 37.46 Indirect Admin Costs Books, Periodicals 1432 2102 12/24/18 xxxx2364 319.52 HS Basic Grant Books, Periodicals 1419 2102 12/24/18 xxxx0494 297.00 Home Base HS Books, Periodicals 1432 2102 12/24/18 xxxx8798 1,746.22 HS Basic Grant Books, Periodicals 2,400.20 1432 2131 12/24/18 xxxx1907 288.63 HS Basic Grant Minor Furniture/Equipment 1417 2131 12/24/18 xxxx1907 238.62 Child Care Svs Program Minor Furniture/Equipment 1401 2131 12/24/18 xxxx1907 35.96 Indirect Admin Costs Minor Furniture/Equipment 1417 2131 12/24/18 xxxx1907 (17.85) Child Care Svs Program Minor Furniture/Equipment 1401 2131 12/24/18 xxxx1907 327.74 Indirect Admin Costs Minor Furniture/Equipment 1417 2131 12/24/18 xxxx1907 694.84 Child Care Svs Program Minor Furniture/Equipment 1524 2131 12/24/18 xxxx0494 226.47 George Miller Concord Site Costs Minor Furniture/Equipment 1,794.41 1432 2300 12/24/18 xxxx8777 1,317.88 HS Basic Grant Transportation & Travel 1423 2300 12/24/18 xxxx3016 2,767.53 HS Parent Services Transportation & Travel 4,085.41 1401 2303 12/24/18 xxxx1899 263.85 Indirect Admin Costs Other Travel Employees 1432 2303 12/24/18 xxxx8777 811.92 HS Basic Grant Other Travel Employees 1432 2303 12/24/18 xxxx1416 700.96 HS Basic Grant Other Travel Employees 1432 2303 12/24/18 xxxx2364 250.00 HS Basic Grant Other Travel Employees 1417 2303 12/24/18 xxxx8798 (50.00) Child Care Svs Program Other Travel Employees 1417 2303 12/24/18 xxxx8798 604.14 Child Care Svs Program Other Travel Employees 1423 2303 12/24/18 xxxx3016 2,004.54 HS Parent Services Other Travel Employees 4,585.41 1432 2467 12/24/18 xxxx1907 398.00 HS Basic Grant Training & Registration 1423 2467 12/24/18 xxxx4959 2,322.00 HS Parent Services Training & Registration 1432 2467 12/24/18 xxxx1416 199.00 HS Basic Grant Training & Registration 1423 2467 12/24/18 xxxx2364 1,548.00 HS Parent Services Training & Registration 1464 2467 12/24/18 xxxx8798 164.00 EHS-Child Care Partnership #2 Training & Registration 1401 2467 12/24/18 xxxx8798 164.00 Indirect Admin Costs Training & Registration January 2019 – COMMUNITY SERVICES BUREAU PRESCHOOL MENU MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY ALL BREAKFAST & LUNCH SERVED WITH 1% LOW-FAT MILK *Indicates vegetable included in main dish WATER IS OFFERED THROUGHOUT THE DAY 1 2 BREAKFAST ½ c. FRESH APPLE ⅓ c. RICE CHEX CEREAL LUNCH ½ c.*CHICKEN GUMBO (chicken, tomatoes, okra, celery, green peppers) ¼ c. FRESH TANGERINE ¼ c. BROWN RICE PM SNACK 1 pkg. GOLDFISH CHEESE CRACKERS ½ c. 1% LOW-FAT MILK 3 BREAKFAST 1 ea. FRESH BANANA ⅓ c. CHEERIOS LUNCH ¾ c.*VEGETRARIAN COWBOY MACARONI (shredded mozzarella, cheddar cheese, kidney beans, tomatoes, tomato paste, corn, dried oregano, parsley, basil, onion) ¼ c. FRESH APPLE PM SNACK ½ c. FRESH PEAR ½ c. 1% LOW-FAT MILK 4 BREAKFAST ½ c. FRESH KIWI ½ sl. WHOLE WHEAT CINNAMON BREAD LUNCH 1 ea. CHICKEN PITA SANDWICH ¼ c. CONFETTI SLAW/SWEET & SOUR DRESSING ¼ c. MANGO CHUNKS PM SNACK ½ c. FRESH ORANGE 1 ea. HARD BOILED EGG 7 BREAKFAST ½ c. FRESH APPLE ⅓ c. BRAN CEREAL LUNCH ½ c. BLACK BEAN CHILI (black beans, chunky salsa) ½ oz. SHREDDED CHEESE ¼ c. FRESH JICAMA STICKS ¼ c. FRESH KIWI 5 ea. CORN TORTILLA CHIPS PM SNACK 1 pkg. GRAHAM CRACKERS ½ c. 1% LOW-FAT MILK 8 BREAKFAST ½ c. FRESH TANGERINE ⅓ c. CORN CHEX CEREAL LUNCH ⅔ c.*GROUND TURKEY & SPANISH RICE (ground turkey, tomatoes, green pepper, onion) ¼ c. FRESH PEAR PM SNACK ½ c. FRESH APPLE ½ oz. CHEDDAR CHEESE SLICE 9 BREAKFAST ½ c. PINEAPPLE TIDBITS ½ ea. WHOLE WHEAT BAGEL/CREAM CHEESE LUNCH ¾ c.*DAFA DUKA (chicken, pinto beans, cabbage, tomatoes, curry) ¼ c. FRESH ORANGE ¼ c. BROWN RICE PM SNACK ½ c. FRESH KIWI ½ c. 1% LOW-FAT MILK 10 BREAKFAST 1 ea. FRESH BANANA ¼ c. CINNAMON OATMEAL & RAISINS LUNCH 1 ¼ c.*MACARONI & CHEESE WITH BROCCOLI ¼ c. FRESH APPLE PM SNACK ½ c. CUCUMBER & CARROT STICKS DILL SCALLION DIP ½ c. 1% LOW-FAT MILK 11 BREAKFAST ½ c. FRESH PEAR ½ ea. WHOLE WHEAT ENGLISH MUFFIN WITH SUNBUTTER LUNCH ½ c. TUNA SALAD (tuna, eggs, mayo, relish, celery, onions) ¼ c. TANGY COLESLAW ¼ c. FRESH TANGERINE 1 sl. WHOLE WHEAT BREAD PM SNACK ⅓ c. LETS GO FISHING TRAIL MIX (crispix, pretzels, fish & cheese crackers) ½ c. 1% LOW-FAT MILK 14 BREAKFAST ½ c. FRESH ORANGE ⅓ c. BRAN CEREAL LUNCH ½ c.*ARROZ CON QUESO (yogurt, cheese, pinto beans, rice, tomatoes) ¼ c. FRESH GREEN APPLE SLICES PM SNACK 1 pkg. GRAHAM CRACKERS ½ c. 1% LOW-FAT MILK 15 BREAKFAST ½ c. FRESH KIWI ⅓ c. CORN CHEX CEREAL LUNCH ¾ c.*HARVEST STEW (chicken, sweet potatoes, red potatoes, carrots, great northern beans, spinach) ¼ c. FRESH ORANGE 2 pkgs. WHEATWORTH CRACKERS PM SNACK – ANTS ON A LOG ¼ c. Celery Sticks 2 tbsps. Sunbutter (raisins) ½ c. 1% LOW-FAT MILK 16 BREAKFAST 1 ea. FRESH BANANA ⅓ c. KIX CEREAL LUNCH 1 c.*TACO SOUP (ground turkey, tomatoes, salsa, kidney beans, corn) ¼ c. FRESH APPLE 1 ea. WHOLE WHEAT TORTILLA PM SNACK ½ c. CARROT STICKS & CUCUMBER SLICES RANCH DRESSING 2 pkgs. WHEATWORTH CRACKERS 17 BREAKFAST ½ c. MANGO CHUNKS ½ sl. WHOLE WHEAT CINNAMON BREAD LUNCH ⅜ c. HOPPIN’ JOHN BLACKEYE PEAS ¼ c. SPRING SALAD WITH ITALIAN DRESSING ¼ c. FRESH PEAR ¼ c. BROWN RICE PM SNACK 1 pkg. WHOLE GRAIN BUG BITE CRACKERS ½ c. 1% LOW-FAT MILK 18 BREAKFAST 1 ea. FRESH BANANA ⅓ c. CHEERIOS LUNCH 1 oz. TURKEY HAM & ½ oz. SWISS CHEESE MAYO & MUSTARD DRESSING ¼ c. CUCUMBER SLICES WITH RANCH DRESSING ¼ c. FRESH ORANGE 1 sl. WHOLE WHEAT BREAD PM SNACK ½ c. FRESH APPLE 1 tbsp. SUNBUTTER 21 22 BREAKFAST ½ c. FRESH KIWI ⅓ c. RICE CHEX CEREAL LUNCH 2 tbps. SUNBUTTER /JELLY 1 ea. MOZZARELLA STRING CHEESE ¼ c. CARROT STICKS ¼ c. FRESH PEAR 1 ea. WHOLE WHEAT BREAD PM SNACK 1 pkg. ANIMAL CRACKERS ½ c. 1% LOW-FAT MILK 23 BREAKFAST ½ c. FRESH TANGERINE ⅓ c. BRAN CEREAL LUNCH 1 ea.*CHICKEN BURRITO (chicken, tomato paste, onion) ½ oz. SHREDDED CHEESE ¼ c. FRESH APPLE 1 ea. WHOLE WHEAT TORTILLA PM SNACK 1 pkg. GOLDFISH PRETZEL CRACKERS ½ c. 1% LOW-FAT MILK 24 BREAKFAST ½ c. MANGO CHUNKS ½ ea. WHOLE WHEAT ENGLISH MUFFIN WITH SUNBUTTER LUNCH ¾ c.*VEGETABLE CHILI (kidney beans, tomatoes, kidney beans, bulgur wheat, yogurt, cheese) ¼ c. FRESH PEAR 2 pkgs. WHEATWORTH CRACKERS PM SNACK ⅓ c. FRIENDS TRAIL MIX(kix, cheerios, corn chex, raisins, pretzels, dried apricots) ½ c. 1% LOW-FAT MILK 25 BREAKFAST 1 ea. FRESH BANANA ⅓ c. CORNFLAKE CEREAL LUNCH 1 c. *SESAME ASIAN NOODLE CHICKEN SALAD (chicken, soy sauce, cabbage, carrots, red onions) ¼ c. FRESH TANGERINE PM SNACK ½ c. DICED PEACHES ¼ c. LOW-FAT PLAIN YOGURT/GRANOLA 28 BREAKFAST ½ c. FRESH ORANGE ⅓ c. RICE CHEX CEREAL LUNCH 1 serv. VEGETARIAN ENCHILADA CASSEROLE (cheese, black beans, corn, corn tortilla chips) ¼ c. TOSSED GREEN SALAD WITH ITALIAN DRESSING ¼ c. FRESH APPLE PM SNACK 1 pkg. SCOOBY DOO CINNAMON GRAHAMS ½ c. 1% LOW-FAT MILK 29 BREAKFAST ½ c. FRESH KIWI ⅓ c. BRAN CEREAL LUNCH ⅓ c. FILIPINO ADOBO OVER BROWN RICE (diced chicken, soy sauce, vinegar) ¼ c. BROCCOLI FLORETS WITH RANCH DRESSING ¼ c. FRESH TANGERINE PM SNACK ½ c. PINEAPPLE TIDBITS ⅛ c. COTTAGE CHEESE 30 BREAKFAST 1 ea. FRESH BANANA 1 sl. RAISIN BREAD LUNCH ¾ c. RED POZOLE SOUP ¼ c. FRESH CABBAGE & CILANTRO ¼ c. FRESH PEAR 6 ea. CORN TORTILLA CHIPS PM SNACK ½ c. CELERY & CARROT STICKS ⅛ c. REFRIED BEAN DIP 31 BREAKFAST ½ c. FRESH APPLE ⅓ c. CORN CHEX CEREAL LUNCH 1 ea. BAJA BEAN WRAP ¼ c. FRESH JICAMA STICKS ¼ c. FRESH KIWI 1 ea. WHOLE WHEAT TORTILLA PM SNACK 1 ea. HARD BOILED EGG ½ c. FRESH ORANGE RECOMMENDATION(S): Receive the Sheriff-Coroner’s FY 2017/2018 Annual P-6 Zone Deployment Report, from the County Service Area (CSA) P-6 Zone Central Administrative Base (CAB) Fund to provide extended police protection services in certain unincorporated county areas and partially fund the Sheriff’s Helicopter Program, as required by P-6 Zone CAB Formation Board Order of April 19, 1998. FISCAL IMPACT: Funded 100% by County Service Area (CSA) P-6 Central Administrative Base (CAB) Fund (Fund No. 262900). Total costs of $1,495,734 were expended in 2017/2018. BACKGROUND: The Office of the Sheriff annually reviews funding for the County Service Area (CSA) P-6 Zones county-wide and implemented and budgeted the following expenditures for fiscal year 2017/2018 : Discovery Bay: CSA P-6 Zones in the Discovery Bay area generate $778,694 per year. Costs for personnel currently assigned to Discovery Bay (2 Deputy Sheriffs, 1 Sheriff’s Specialist and 1 Sheriff Community Service Officer), vehicle and supplies are $777,281. This will require the expenditure of funds from the P-6 Central Administrative Base (CAB) Fund. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Liz Arbuckle, Heike Anderson, Paul Reyes C. 81 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:February 26, 2019 Contra Costa County Subject:Receive the Sheriff-Coroner's FY 2017-2018 Annual P-6 Zone Deployment Report This will require the expenditure of funds from the P-6 Central Administrative Base (CAB) Fund. Discovery Bay zones currently have accumulated approximately $2,108,426 in reserve funding located in the CSA P-6 Central Administrative Base Fund (Fund No. 262900). BACKGROUND: (CONT'D) Bay Point: CSA P-6 Zones in the Bay Point Area generate $207,460 per year. Costs for personnel assigned to Bay Point (1 Deputy Sheriff), vehicle and supplies are $254,536. North Richmond/San Pablo: CSA P-6 zones in the North Richmond/San Pablo area generate $86,486 per year. North Richmond/San Pablo zones partially fund 1 Deputy Sheriff, vehicle and supplies at $25,775 annually. Alamo/Las Trampas: CSA P-6 zones in the Alamo/Las Trampas Area generate $92,997 per year. Allocated costs for P-2b Alamo ALPR purchase are $133,600. Pleasant Hill BART: CSA P-6 zones in the Pleasant Hill BART Area generate $6,041 per year. Allocated costs for the Contra Costa Centre Deputy are $56,664. W. Walnut Creek: CSA P-6 zones in the W. Walnut Creek Area generate $22,296 per year. Allocated costs for the Contra Costa Centre Deputy are $135,993. Walnut Creek: CSA P-6 zones in the W. Walnut Creek Area generate $29,930 per year. Allocated costs for the Contra Costa Centre Deputy are $33,999. CONSEQUENCE OF NEGATIVE ACTION: Negative action would result in the displacement of existing personnel assigned to the communities of Discovery Bay, Bay Point, North Richmond/San Pablo and Pacheco. The Sheriff’s STARR 1 helicopter may have reduced flight hours depending on revenue streams from other sources. RECOMMENDATION(S): ACCEPT the Fiscal Year 2018-2019 Community Facilities District Tax Administration Report on County of Contra Costa Community Facilities District No. 2007-1 (Stormwater Management Facilities), as required by Sections 50075.3 and 53411 of the California Government Code, as recommended by the Public Works Director, Countywide. FISCAL IMPACT: This report relates to special taxes approved by voters and payment for authorized services by said special taxes. Community Facilities District (CFD) No. 2007-1 funds its own administration, including preparation of Annual CFD Tax Administration Reports. BACKGROUND: On August 14, 2007, the County of Contra Costa Board of Supervisors established CFD No. 2007-1. In a landowner election held the same day, the sole owner of property within the CFD voted to authorize the levy of a Mello-Roos special tax on property within CFD No. 2007-1. At CFD formation, the CFD boundary included two parcels in the Bay Point area of Contra Costa County (County). The future potential annexation area of CFD No. 2007-1 includes all parcels in the unincorporated area of the County that will be developed or redeveloped. In Fiscal Year 2015-2016, three additional development projects had completed annexation into CFD No. 2007-1 for a total of 21 properties that are now a part of this CFD. It is anticipated that subsequent development projects within the unincorporated areas of the County will continue to annex into CFD No. 2007-1. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: John Steere, (925) 313-2281 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Mike Carlson, Deputy Public Works Director, Slava Gospodchikov, Engineerning Services, Tim Jensen, Flood Control, Diana Oyler, Finance, Cece Sellgren, Flood Control, John Steere, Flood Control, Catherine Windham, Flood Control C. 82 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 26, 2019 Contra Costa County Subject:Fiscal Year 2018-2019 Tax Administration Report for Community Facilities District No. 2007-1. Project No. 7484-6W7484 The purpose of the CFD is to generate special tax revenue to fund specified stormwater management facilities services provided by the County to the property owners within CFD 2007-1. The County began to provide authorized CFD services during Fiscal Year 2009-2010. California Government Code Sections 50075.3 and 53411 require that specified information be provided to the Board of Supervisors on an annual basis. The reporting requirements include information on Mello-Roos CFD Special Taxes collected and the status of any project required or authorized to be funded by the special taxes. The attached CFD Tax Administration Report fulfills the requirement of the Government Code. Information provided in the CFD Tax Administration Report in compliance with regulatory reporting requirements is summarized below: BACKGROUND: (CONT'D) Section 50075.3 Item (a): Identify amount of special taxes that have been collected and expended. Response to Item (a): The fiscal year 2018-2019 special tax levy was $34,037, received from 132 taxed parcels. The total levy has been used to pay Authorized Tier 1 Services, as well as administrative costs for the CFD. Item (b): Identify the status of any project required or authorized to be funded by the special taxes. Response to Item (b): The services authorized to be funded from special taxes include stormwater facilities management services that are further described in Section VI of the CFD Tax Administration Report. These services are ongoing. Section 53411 Item (a): Identify the amount of bonds that have been collected and expended. Item (b): Identify the status of any projects required or authorized to be funded from bond proceeds. Response to Items (a) and (b): Section 53411 is not applicable to CFD No. 2007-1, which did not authorize the sale of any bonds or any projects to be funded from bond proceeds. CONSEQUENCE OF NEGATIVE ACTION: The County may be out of compliance with California Government Code Sections 50075.3 and 53411. ATTACHMENTS CFD Report 333(University(Ave,(Suite(160(•(Sacramento,(CA(95825 Phone:(d916l(561-0890(•(Fax:(d916l(561-0891 www.goodwinconsultinggroup.net COUNTY OF CONTRA COSTA COMMUNITY FACILITIES DISTRICT NO. 2007-1 (STORMWATER MANAGEMENT FACILITIES) CFD TAX ADMINISTRATION REPORT FISCAL YEAR 2018-19 January 21, 2019 Community Facilities District No. 2007-1 CFD Tax Administration Report TABLE OF CONTENTS Section Page Executive Summary ............................................................................................................. i I. Introduction ..........................................................................................................................1 II. Purpose of Report ................................................................................................................2 III. Special Tax Requirement .....................................................................................................3 IV. Special Tax Levy .................................................................................................................4 V. Development Status .............................................................................................................8 VI. Authorized Services .............................................................................................................9 VII. Delinquencies .....................................................................................................................11 VIII. Senate Bill 165 Reporting Requirements ...........................................................................12 IX. Assembly Bill 1666 Requirements ....................................................................................13 Appendix A – Summary of Fiscal Year 2018-19 Special Tax Levy Appendix B – Fiscal Year 2018-19 Special Tax Levy for Individual Assessor’s Parcels Appendix C – Rate and Method of Apportionment of Special Tax Appendix D – Boundary Map of Community Facilities District No. 2007-1 Appendix E – Assessor’s Parcel Maps for Fiscal Year 2018-19 County of Contra Costa i Fiscal Year 2018-19 CFD No. 2007-1 CFD Tax Administration Report EXECUTIVE SUMMARY The following summary provides a brief overview of the main points from this report regarding the County of Contra Costa Community Facilities District No. 2007-1 (Stormwater Management Facilities) (“CFD No. 2007-1” or the “CFD”): Fiscal Year 2018-19 Special Tax Levy Number of Taxed Parcels Total Special Tax Levy 132 $34,037 For further detail regarding the special tax levy, or special tax rates, please refer to Section IV of this report. Development Status for Fiscal Year 2018-19 Type of Property Parcels Agricultural Property 1 parcel Single Family Property 106 parcels Multi-Family Property 14 parcels Other Property 11 parcels For more information regarding the status of development in CFD No. 2007-1, please see Section V of this report. Delinquency Summary Delinquent Amount for FY 2017-18 (as of May 23, 2018) Total Levy for FY 2017-18 Delinquency Rate $2,405 $27,565 8.72% For additional delinquency information, please see Section VII of this report. County of Contra Costa 1 Fiscal Year 2018-19 CFD No. 2007-1 CFD Tax Administration Report I. INTRODUCTION Community Facilities District No. 2007-1 On August 14, 2007, the County of Contra Costa (the “County”) Board of Supervisors established CFD No. 2007-1. In a landowner election held on the same day, the sole owner of property within the CFD voted to authorize the levy of a Mello-Roos special tax on property within CFD No. 2007-1. Special tax revenue will fund stormwater management facilities services for the property owners of CFD No. 2007-1 as well as for property owners of territories to be annexed to the CFD in the future. At CFD formation, the CFD boundary included only two parcels located in the north-central part of the County. The future annexation area of CFD No. 2007-1 includes all parcels in the unincorporated portion of the County. It is anticipated that new development in the unincorporated areas of the County will annex into CFD No. 2007-1. The Mello-Roos Community Facilities Act of 1982 The California State Legislature (the “Legislature”) approved the Mello-Roos Community Facilities Act of 1982 that provides for the levy of a special tax within a defined geographic area (i.e., a community facilities district), if such a levy is approved by two-thirds of the qualified electors in the area. Community facilities districts can generate funding for a broad range of facilities and eligible services. These services include police protection services, fire protection and suppression services, library services, recreation program services, maintenance of parks, parkways and open space, flood and storm protection services, and road maintenance and street lighting services. Special taxes can be allocated to property in any reasonable manner other than on an ad valorem basis. County of Contra Costa 2 Fiscal Year 2018-19 CFD No. 2007-1 CFD Tax Administration Report II. PURPOSE OF REPORT This CFD Tax Administration Report (the “Report”) presents findings from research and financial analysis performed by Goodwin Consulting Group, Inc. to determine the fiscal year 2018-19 special tax levy for CFD No. 2007-1. The Report is intended to provide information to interested parties regarding the current financial obligations of the CFD and special taxes levied in fiscal year 2018-19. In addition, the Report provides all of the information that must be filed with the County Board of Supervisors pursuant to the requirements of Senate Bill 165. The remainder of the Report is organized as follows:  Section III identifies the financial obligations of the CFD for fiscal year 2018-19.  Section IV provides a summary of the special tax categories and the methodology that is used to apportion the special tax among parcels in the CFD.  Section V provides an update of the development activity occurring within the CFD, including new building permit activity.  Section VI provides information regarding services authorized to be funded by CFD special taxes.  Section VII provides information regarding special tax delinquencies in the CFD.  Section VIII provides a summary of the reporting requirements set forth in Senate Bill 165, the Local Agency Special Tax and Bond Accountability Act, and the information needed for the County to respond to these requirements.  Section IX provides information on requirements set forth in Assembly Bill 1666. County of Contra Costa 3 Fiscal Year 2018-19 CFD No. 2007-1 CFD Tax Administration Report III. SPECIAL TAX REQUIREMENT Pursuant to the Rate and Method of Apportionment of Special Tax (the “RMA”), which was adopted as an exhibit to the Resolution of Formation of CFD No. 2007-1, special taxes will be levied to pay for the Tier 1 Special Tax Requirement and Tier 2 Special Tax Requirement. The Tier 1 Special Tax Requirement means the amount for each separate Tax Zone in CFD No. 2007-1 necessary in each fiscal year to (i) pay for Authorized Tier 1 Services, (ii) pay administrative expenses, (iii) cure any delinquencies in the payment of Tier 1 special taxes levied in prior fiscal years or (based on delinquencies in the payment of Tier 1 special taxes which have already taken place) are expected to occur in the current fiscal year, and (iv) to create or replenish reserve funds. The Tier 2 Special Tax Requirement means the amount for any permanent stormwater management facility (“PSWMF”) Service Area within a Tax Zone in CFD No. 2007-1 necessary in each fiscal year to (i) pay for Authorized Tier 2 Services, (ii) pay administrative expenses that have not been included in the Tier 1 Special Tax Requirement, (iii) cure any delinquencies in the payment of Tier 2 special taxes levied in prior fiscal years or (based on delinquencies in the payment of Tier 2 special taxes which have already taken place) are expected to occur in the current fiscal year, and (iv) to create or replenish reserve funds. For fiscal year 2018-19, the Tier 2 Special Tax Requirement is $0. The fiscal year 2018-19 Tier 1 Special Tax Requirement for Tax Zone 1 is $34,037, as shown in the table below. Community Facilities District No. 2007-1 Tier 1 Special Tax Requirement for Fiscal Year 2018-19 Tax Zone 1 Authorized Tier 1 Services /1 $30,943 Reserve Fund $3,094 Fiscal Year 2018-19 Tier 1 Special Tax Requirement /2 $34,037 /1 Includes costs associated with the administration of the CFD. /2 Total may not sum due to rounding. County of Contra Costa 4 Fiscal Year 2018-19 CFD No. 2007-1 CFD Tax Administration Report IV. SPECIAL TAX LEVY Special taxes within CFD No. 2007-1 are levied pursuant to the methodology set forth in the RMA. The RMA establishes various special tax categories against which the special tax can be levied, the maximum special tax rates, and the methodology by which the special tax is applied. (Capitalized terms are defined in the RMA in Appendix C of this Report.) Special Tax Categories The RMA establishes tax categories based on a parcel’s current development status. Developed Property is defined as any parcel of taxable property within CFD No. 2007-1 for which (i) a building permit for new construction or substantial redevelopment of a residential or non- residential structure was issued prior to June 1 of the preceding fiscal year, or (ii) land use entitlement(s) involving the creation or redevelopment of impervious surface is granted and exercised where no building permit is required. There are several different types of Developed Property in CFD No. 2007-1; they are further defined as follows:  Agricultural Property means all parcels of Developed Property for which a building permit was issued for construction of a structure located on land that is designated for agricultural use pursuant to the County’s General Plan.  Single Family Property is defined as parcels of Developed Property for which a building permit was issued for construction of a single family residential unit that does not share a common wall with another unit, except for attached residential second units established pursuant to Section 82-24 of the Zoning Ordinance Code. A parcel of Single Family Property with an attached residential second unit established pursuant to Section 82-24 will be taxed as one parcel of Single Family Property. Parcels of Agricultural Property and parcels where single family residential use is not the primary use are not considered Single Family Property.  Multi-Family Property is defined as parcels of Developed Property for which a building permit was issued for construction of a residential structure that (i) is located within a mobile home park, or (ii) consists of two or more residential units that share common walls, including duplex, triplex and fourplex units, townhomes, condominiums and apartment units. Multi-Family Property excludes residential second units established pursuant to Section 82-24 of the Zoning Ordinance Code.  Other Property means parcels of Developed Property that are not Agricultural Property, Single Family Property, or Multi-Family Property. County of Contra Costa 5 Fiscal Year 2018-19 CFD No. 2007-1 CFD Tax Administration Report Maximum Special Tax Rates Each Tax Zone has its own set of maximum special tax rates applicable to each category of property in CFD No. 2007-1. As of the date of this Report, there is only one Tax Zone in the CFD. The maximum special tax rates applicable to each category of property in CFD No. 2007-1 are set forth in Section C of the RMA. The following table identifies the maximum special taxes that can be levied on property in Tax Zone 1 of CFD No. 2007-1 for fiscal year 2018-19. Community Facilities District No. 2007-1 Fiscal Year 2018-19 Maximum Special Tax Rates Tax Zone 1 Agricultural Property, Single Family Property, and Multi-Family Property Maximum Tier 1 Special Tax Maximum Tier 2 Special Tax Total Maximum Special Taxes Agricultural Property N/A $810.04 $13,465.92 $14,275.96 Less than 5,000 Parcel Sq.Ft.$502.36 $8,351.12 $8,853.48 5,000 to 5,999 Parcel Sq.Ft.$510.84 $8,492.18 $9,003.02 6,000 to 6,999 Parcel Sq.Ft.$520.06 $8,645.26 $9,165.32 7,000 to 7,999 Parcel Sq.Ft.$528.58 $8,787.12 $9,315.70 8,000 to 9,999 Parcel Sq.Ft.$540.64 $8,987.46 $9,528.10 10,000 to 13,999 Parcel Sq.Ft.$566.14 $9,411.44 $9,977.58 14,000 to 19,999 Parcel Sq.Ft.$607.26 $10,095.06 $10,702.32 20,000 to 29,999 Parcel Sq.Ft.$668.92 $11,120.10 $11,789.02 30,000 to 39,999 Parcel Sq.Ft.$741.96 $12,334.30 $13,076.26 Greater than or Equal to 40,000 Parcel Sq.Ft.$810.04 $13,465.92 $14,275.96 Less than 2,500 Unit Sq.Ft.$384.24 $6,387.58 $6,771.82 2,500 to 2,999 Unit Sq.Ft.$387.46 $6,441.28 $6,828.74 3,000 to 3,999 Unit Sq.Ft.$400.98 $6,665.68 $7,066.66 4,000 to 4,999 Unit Sq.Ft.$418.00 $6,948.60 $7,366.60 5,000 to 5,999 Unit Sq.Ft.$435.68 $7,242.72 $7,678.40 6,000 to 6,999 Unit Sq.Ft.$453.42 $7,537.66 $7,991.08 7,000 to 7,999 Unit Sq.Ft.$470.44 $7,820.56 $8,291.00 Greater than or Equal to 8,000 Unit Sq.Ft.$478.98 $7,962.42 $8,441.40 Single Family Property Multi-Family Property Type of Property Square Footage (Sq.Ft.) Fiscal Year 2018-19 Per Parcel Per Unit Per Parcel County of Contra Costa 6 Fiscal Year 2018-19 CFD No. 2007-1 CFD Tax Administration Report Community Facilities District No. 2007-1 Fiscal Year 2018-19 Maximum Special Tax Rates Tax Zone 1 Other Property * Totals may not sum due to rounding. Apportionment of Special Taxes The amount of special tax levied on each parcel in the CFD each fiscal year will be determined by application of Section D of the RMA. Pursuant to this section, the Tier 1 Special Tax Requirement will be allocated as follows: For each Tax Zone, the Tier 1 special tax will be levied until the amount of the levy equals the Tier 1 Special Tax Requirement. The first step requires the Tier 1 special taxes to be levied proportionately on each parcel of Developed Property that is not Taxable Public Property up to 100% of Maximum Tier 1 Special Tax for that Tax Zone, until the amount levied is equal to the Tier 1 Special Tax Requirement for the Tax Zone. If additional revenue is needed after the first step is completed, then the Tier 1 special tax will be levied proportionately on each parcel of Taxable Public Property up to 100% of the Maximum Tier 1 Special Tax that had applied to the parcel prior to the parcel becoming Taxable Public Property, until the amount levied is equal to the Tier 1 Special Tax Requirement for the Tax Zone. The Tier 1 special tax shall be collected in the same manner and at the same time as ordinary ad valorem taxes, provided, however, that the County may bill directly, collect at a different time or in a different manner. Also pursuant to Section D of the RMA, the Tier 2 Special Tax Requirement shall be allocated as follows: For each PSWMF Service Area in a Tax Zone, the Tier 2 special tax, if applicable, will be levied until the amount of the levy equals the Tier 2 Special Tax Requirement. The first step requires the Tier 2 special taxes to be levied proportionately on each parcel of Developed Property that is not Taxable Public Property up to 100% of Maximum Tier 2 Special Tax for that Tax Zone, until the amount levied is equal to the Tier 2 Special Tax Requirement for the PSWMF Service Area. Base Maximum Tier 1 Special Tax (per Parcel) Incremental Maximum Tier 1 Special Tax (per Impervious Square Foot) Base Maximum Tier 2 Special Tax (per Parcel) Incremental Maximum Tier 2 Special Tax (per Impervious Square Foot) Base Maximum Special Taxes (per Parcel) Incremental Maximum Special Taxes (per Impervious Square Foot) $394.85 $0.03 $8,040.53 $0.17 $8,435.38 $0.20 Fiscal Year 2018-19 Maximum Tier 1 Special Tax Maximum Tier 2 Special Tax Total Maximum Special Taxes* County of Contra Costa 7 Fiscal Year 2018-19 CFD No. 2007-1 CFD Tax Administration Report If additional revenue is needed after the first step is completed, then the Tier 2 special tax will be levied proportionately on each parcel of Taxable Public Property up to 100% of the Maximum Tier 2 Special Tax that had applied to the parcel prior to the parcel becoming Taxable Public Property, until the amount levied is equal to the Tier 2 Special Tax Requirement for the PSWMF Service Area. The Tier 2 special tax shall be billed directly to the property owner(s) within a PSWMF Service Area on an as needed basis. Application of the Maximum Tier 1 Special Tax rate to all the parcels of Developed Property for fiscal year 2018-19 will generate Tier 1 special tax revenue of $84,734. However, since the Tier 1 Special Tax Requirement for fiscal year 2018-19 is only $34,037, Developed Property will not be taxed at the maximum tax rate. Only the amount needed to generate the Tier 1 Special Tax Requirement of $34,037 will be levied, which is approximately 40.17% of the maximum. Since the tax on Developed Property fully funds the Tier 1 Special Tax Requirement for fiscal year 2018-19, no tax shall be levied on Taxable Public Property. Since the Tier 2 Special Tax Requirement for fiscal year 2018-19 is $0, no Tier 2 special taxes shall be levied. A summary of the maximum and actual special taxes levied in fiscal year 2018-19 is presented in Appendix A. County of Contra Costa 8 Fiscal Year 2018-19 CFD No. 2007-1 CFD Tax Administration Report V. DEVELOPMENT STATUS As of May 31, 2018, 132 building permits have been issued within CFD No. 2007-1. Of these 132 permits, 106 have been issued on parcels of Single Family Property, 14 have been issued on parcels of Multi-Family Property, 1 has been issued on a parcel of Agricultural Property, and 11 have been issued on parcels of Other Property. Based on the current status of development in CFD No. 2007-1, the following table summarizes the allocation of parcels to special tax categories defined in the RMA: Community Facilities District No. 2007-1 Allocation to Special Tax Categories Fiscal Year 2018-19 Type of Property Number of Parcels Agricultural Property 1 Single Family Property 106 Multi-Family Property 14 Other Property 11 County of Contra Costa 9 Fiscal Year 2018-19 CFD No. 2007-1 CFD Tax Administration Report VI. AUTHORIZED SERVICES The Resolution of Formation adopted on August 14, 2007, authorizes the funding of the following services within CFD No. 2007-1: Services The services to be funded, in whole or in part, by the CFD include all direct and incidental costs related to County oversight and enforcement of the obligations of property owners and homeowners’ associations for the monitoring, inspection, reporting, operation, maintenance, repair, reconstruction, and replacement of PSWMFs for property included in the CFD: Tier 1. Periodic monitoring, inspection and reporting of PSWMFs, including but not limited to site visits, completion of inspection forms and records, review of property owner self-inspection and other records; provision of certification letters and/or maintenance recommendations; management of data and records related to operation and maintenance of PSWMFs; preparation and submission of National Pollutant Discharge Elimination System and other governmental reports and CFD required reports; and the accumulation of administrative and liability reserves. Tier 2. Code enforcement, nuisance abatement, and other activities related to the operation and maintenance of PSWMFs, including but not limited to additional site visits, letters and notices to property owners and others; hearings; lien recordation and enforcement; attorney’s fees and other legal expenses; periodic maintenance activities, such as mulching, removing trash and invasive vegetation, filling soil, mowing, and trimming vegetation; repair, reconstruction, and replacement work; and the accumulation of administrative and liability reserves. In addition to the specific services described under Tier 1 and Tier 2, the CFD may fund any other costs, expenses, or liabilities in connection with the monitoring, inspection, reporting, operation, maintenance, repair, reconstruction, and replacement of PSWMFs. The CFD may fund any of the following related to the services described above: obtaining, constructing, furnishing, operating and maintaining equipment, apparatus or facilities, paying the salaries and benefits of personnel (including but not limited to inspection and maintenance workers and other personnel), and for payment of other related expenses (including but not limited to employee benefit expenses and an allocation of general overhead expenses). Any services to be funded by the CFD must be in addition to those provided in the territory of the CFD before the date of creation of the CFD, and may not supplant services already available within that territory when the CFD is created. It is expected that the services will be provided by the County, either with its own employees or by contract with third parties, or by the Contra Costa County Flood Control and Water Conservation District, or any combination thereof. County of Contra Costa 10 Fiscal Year 2018-19 CFD No. 2007-1 CFD Tax Administration Report Administrative Expenses The direct and indirect expenses incurred by the County in connection with the establishment and administration of the CFD (including, but not limited to, the levy and collection of the special taxes) including the fees and expenses of attorneys, any fees of the County related to the CFD or the collection of special taxes, an allocable share of the salaries of County staff directly related thereto and a proportionate amount of the County’s general administrative overhead related thereto, any amounts paid by the County from its general fund with respect to the CFD or the services authorized to be financed by the CFD, and expenses incurred by the County in undertaking action to foreclose on properties for which the payment of special taxes is delinquent, and all other costs and expenses of the County in any way related to the CFD. Other The incidental expenses that may be financed by the CFD include: (i) all costs associated with the establishment and administration of the CFD, the determination of the amount of and collection of taxes, the payment of taxes, and costs otherwise incurred in order to carry out the authorized purposes of the CFD, (ii) any other expenses incidental to the provision of the services eligible to be funded by the CFD, and (iii) any amounts necessary to maintain a reserve required by the County for the payment of the costs of the services. County of Contra Costa 11 Fiscal Year 2018-19 CFD No. 2007-1 CFD Tax Administration Report VII. DELINQUENCIES As of May 23, 2018, the Contra Costa County Auditor’s Office reports the following delinquency amounts for CFD No. 2007-1: Community Facilities District No. 2007-1 Delinquencies as of May 23, 2018 Fiscal Year Parcels Delinquent Delinquent Amount CFD Tax Levied Percent Delinquent 2016-17 1 $122 $18,249 0.67% 2017-18 3 $2,405 $27,565 8.72% County of Contra Costa 12 Fiscal Year 2018-19 CFD No. 2007-1 CFD Tax Administration Report VIII. SENATE BILL 165 REPORTING REQUIREMENTS On September 18, 2000, former Governor Gray Davis approved Senate Bill 165 which enacted the Local Agency Special Tax and Bond Accountability Act. In approving the bill, the Legislature pointed out that local agencies need to demonstrate to the voters that special taxes and bond proceeds are being spent on the facilities and services for which they were intended. To further this objective, the Legislature added Sections 50075.3 and 53411 to the California Government Code setting forth annual reporting requirements relative to special taxes collected and bonds issued by a local public agency. A response to each of the reporting requirements in SB 165 is provided below. Pursuant to Sections 50075.3 and 53411, the chief fiscal officer of the County will, by January 1, 2002, and at least once a year thereafter, file a report with the Board of Supervisors (which may be this CFD Tax Administration Report) setting forth the following information. Section 50075.3 Item (a): Identify amount of special taxes that have been collected and expended. The fiscal year 2017-18 special tax levy was $27,565. Since the CFD is on the County Teeter Plan, the full amount of the tax levy was remitted to the CFD. The total levy was used to pay Authorized Tier 1 Services as well as administrative costs for the CFD. Item (b): Identify the status of any project required or authorized to be funded by the special taxes. The services authorized to be funded from special taxes include stormwater facilities management services and are further described in Section VI of this Report. These services are ongoing. Section 53411 Item (a): Identify the amount of bonds that have been collected and expended. Item (b): Identify the status of any projects required or authorized to be funded from bond proceeds. Response to Items (a) and (b): Section 53411 is not applicable to CFD No. 2007-1, which did not authorize the sale of any bonds or any projects to be funded from bond proceeds. County of Contra Costa 13 Fiscal Year 2018-19 CFD No. 2007-1 CFD Tax Administration Report IX. ASSEMBLY BILL 1666 REQUIREMENTS On July 25, 2016, Governor Jerry Brown signed Assembly Bill No. 1666, adding Section 53343.2 to the California Government Code (“GC”). The bill enhances the transparency of community facilities districts by requiring that certain reports be accessible on a local agency’s web site. Pursuant to Section 53343.2, a local agency that has a web site shall, within seven months after the last day of each fiscal year of the district, display prominently on its web site the following information: Item (a): A copy of an annual report, if requested, pursuant to GC Section 53343.1. The report required by Section 53343.1 includes CFD budgetary information for the prior fiscal year and is only prepared by a community facilities district at the request of a person who resides in or owns property in the community facilities district. If the annual report has not been requested to be prepared, then a posting to the web site would not be necessary. Item (b): A copy of the report provided to the California Debt and Investment Advisory Commission (“CDIAC”) pursuant to GC Section 53359.5. Under Section 53359.5, local agencies must provide CDIAC with the following: (i) notice of proposed sale of bonds; (ii) annual reports on the fiscal status of bonded districts; and (iii) notice of any failure to pay debt service on bonds, or of any draw on a reserve fund to pay debt service on bonds. Item (c): A copy of the report provided to the State Controller’s Office pursuant to GC Section 12463.2. This section refers to the parcel tax portion of a local agency’s Financial Transactions Report that is prepared for the State Controller’s Office annually. Note that school districts are not subject to the reporting required by GC Section 12463.2. APPENDIX A Summary of Fiscal Year 2018-19 Special Tax Levy Impervious FY 2018-19 Sq. Ft.Total Special Tax Incremental Incremental Incremental Incremental Tier 1 Tier 2 Tier 1 Tier 2 Tier 1 Tier 2 Tier 1 Tier 2 Agricultural Property $810.04 $13,465.92 n/a n/a $325.38 $0.00 n/a n/a 1 parcels n/a $325.38 Single Family Property Less than 5,000 Parcel Sq.Ft.$502.36 $8,351.12 n/a n/a $201.80 $0.00 n/a n/a 48 parcels n/a $9,686.40 5,000 to 5,999 Parcel Sq.Ft.$510.84 $8,492.18 n/a n/a $205.20 $0.00 n/a n/a 10 parcels n/a $2,052.00 6,000 to 6,999 Parcel Sq.Ft.$520.06 $8,645.26 n/a n/a $208.90 $0.00 n/a n/a 5 parcels n/a $1,044.50 7,000 to 7,999 Parcel Sq.Ft.$528.58 $8,787.12 n/a n/a $212.32 $0.00 n/a n/a 5 parcels n/a $1,061.60 8,000 to 9,999 Parcel Sq.Ft.$540.64 $8,987.46 n/a n/a $217.18 $0.00 n/a n/a 4 parcels n/a $868.72 10,000 to 13,999 Parcel Sq.Ft.$566.14 $9,411.44 n/a n/a $227.42 $0.00 n/a n/a 3 parcels n/a $682.26 14,000 to 19,999 Parcel Sq.Ft.$607.26 $10,095.06 n/a n/a $243.94 $0.00 n/a n/a 9 parcels n/a $2,195.46 20,000 to 29,999 Parcel Sq.Ft.$668.92 $11,120.10 n/a n/a $268.70 $0.00 n/a n/a 11 parcels n/a $2,955.70 30,000 to 39,999 Parcel Sq.Ft.$741.96 $12,334.30 n/a n/a $298.04 $0.00 n/a n/a 4 parcels n/a $1,192.16 Greater than or Equal to $810.04 $13,465.92 n/a n/a $325.38 $0.00 n/a n/a 7 parcels n/a $2,277.66 40,000 Parcel Sq.Ft. Multi-Family Property Less than 2,500 Unit Sq.Ft.$384.24 $6,387.58 n/a n/a $154.34 $0.00 n/a n/a 14 units n/a $2,160.76 2,500 to 2,999 Unit Sq.Ft.$387.46 $6,441.28 n/a n/a $155.64 $0.00 n/a n/a 0 units n/a $0.00 3,000 to 3,999 Unit Sq.Ft.$400.98 $6,665.68 n/a n/a $161.08 $0.00 n/a n/a 0 units n/a $0.00 4,000 to 4,999 Unit Sq.Ft.$418.00 $6,948.60 n/a n/a $167.90 $0.00 n/a n/a 0 units n/a $0.00 5,000 to 5,999 Unit Sq.Ft.$435.68 $7,242.72 n/a n/a $175.00 $0.00 n/a n/a 0 units n/a $0.00 6,000 to 6,999 Unit Sq.Ft.$453.42 $7,537.66 n/a n/a $182.14 $0.00 n/a n/a 0 units n/a $0.00 7,000 to 7,999 Unit Sq.Ft.$470.44 $7,820.56 n/a n/a $188.98 $0.00 n/a n/a 0 units n/a $0.00 Greater than or Equal to $478.98 $7,962.42 n/a n/a $192.40 $0.00 n/a n/a 0 units n/a $0.00 8,000 Unit Sq.Ft. Other Property $394.85 $8,040.53 $0.03 $0.17 $158.60 $0.00 $0.01 $0.00 11 parcels 501,933 $7,534.52 Total FY 2018-19 Special Tax Levy $34,037.12 Goodwin Consulting Group, Inc. County of Contra Costa Community Facilities District No. 2007-1 Special Tax Levy Summary for FY 2018-19 (Stormwater Management Facilities) Units Parcels/ Maximum Special Taxes Tax Zone 1 Type of Property FY 2018-19 Actual Special Taxes FY 2018-19 (per parcel) (per parcel) (per parcel) (per parcel) (per unit) (per parcel) (per unit) (per parcel)(per Impervious Square Foot)(per Impervious Square Foot) APPENDIX B Fiscal Year 2018-19 Special Tax Levy for Individual Assessor’s Parcels Parcel Impervious Assessor's Tax Development Type of Square Square Parcel Number Zone Status Property Footage Footage 002-040-064-4 1 Undeveloped Agricultural N/A 12,000 $0.00 $0.00 $0.00 095-060-026-2 1 Developed Single Family 4,393 $201.80 $0.00 $201.80 095-060-027-0 1 Developed Single Family 3,740 $201.80 $0.00 $201.80 095-060-028-8 1 Developed Single Family 3,742 $201.80 $0.00 $201.80 095-060-029-6 1 Developed Single Family 4,393 $201.80 $0.00 $201.80 095-060-030-4 1 Developed Single Family 5,351 $205.20 $0.00 $205.20 095-060-031-2 1 Developed Single Family 3,157 $201.80 $0.00 $201.80 095-060-032-0 1 Developed Single Family 3,162 $201.80 $0.00 $201.80 095-060-033-8 1 Developed Single Family 3,454 $201.80 $0.00 $201.80 095-060-034-6 1 Developed Single Family 4,426 $201.80 $0.00 $201.80 096-031-022-5 1 Developed Other N/A 53,431 $774.94 $0.00 $774.94 098-590-001-8 1 Developed Single Family 4,650 $201.80 $0.00 $201.80 098-590-002-6 1 Developed Single Family 4,743 $201.80 $0.00 $201.80 098-590-003-4 1 Developed Single Family 4,646 $201.80 $0.00 $201.80 098-590-004-2 1 Developed Single Family 4,646 $201.80 $0.00 $201.80 098-590-005-9 1 Developed Single Family 5,361 $205.20 $0.00 $205.20 098-590-006-7 1 Developed Single Family 4,923 $201.80 $0.00 $201.80 098-590-007-5 1 Developed Single Family 4,608 $201.80 $0.00 $201.80 098-590-008-3 1 Developed Single Family 4,608 $201.80 $0.00 $201.80 098-590-009-1 1 Developed Single Family 4,608 $201.80 $0.00 $201.80 098-590-010-9 1 Developed Single Family 6,515 $208.90 $0.00 $208.90 098-590-011-7 1 Developed Single Family 5,930 $205.20 $0.00 $205.20 098-590-012-5 1 Developed Single Family 5,335 $205.20 $0.00 $205.20 098-590-013-3 1 Developed Single Family 5,115 $205.20 $0.00 $205.20 098-590-014-1 1 Developed Single Family 4,603 $201.80 $0.00 $201.80 098-590-015-8 1 Developed Single Family 4,604 $201.80 $0.00 $201.80 098-590-016-6 1 Developed Single Family 4,987 $201.80 $0.00 $201.80 098-590-017-4 1 Developed Single Family 4,884 $201.80 $0.00 $201.80 098-590-018-2 1 Developed Single Family 4,632 $201.80 $0.00 $201.80 098-590-019-0 1 Developed Single Family 4,632 $201.80 $0.00 $201.80 098-590-020-8 1 Developed Single Family 4,939 $201.80 $0.00 $201.80 098-590-021-6 1 Developed Single Family 4,601 $201.80 $0.00 $201.80 098-590-022-4 1 Developed Single Family 4,600 $201.80 $0.00 $201.80 098-590-023-2 1 Developed Single Family 4,600 $201.80 $0.00 $201.80 098-590-024-0 1 Developed Single Family 4,600 $201.80 $0.00 $201.80 098-590-025-7 1 Developed Single Family 4,600 $201.80 $0.00 $201.80 098-590-026-5 1 Developed Single Family 4,600 $201.80 $0.00 $201.80 098-590-027-3 1 Developed Single Family 4,600 $201.80 $0.00 $201.80 098-590-028-1 1 Developed Single Family 4,600 $201.80 $0.00 $201.80 098-590-029-9 1 Developed Single Family 4,603 $201.80 $0.00 $201.80 098-590-030-7 1 Developed Single Family 4,674 $201.80 $0.00 $201.80 098-590-031-5 1 Developed Single Family 4,612 $201.80 $0.00 $201.80 098-590-032-3 1 Developed Single Family 4,612 $201.80 $0.00 $201.80 098-590-033-1 1 Developed Single Family 4,612 $201.80 $0.00 $201.80 098-590-034-9 1 Developed Single Family 4,609 $201.80 $0.00 $201.80 098-590-035-6 1 Developed Single Family 4,604 $201.80 $0.00 $201.80 098-590-036-4 1 Developed Single Family 4,821 $201.80 $0.00 $201.80 098-590-037-2 1 Developed Single Family 4,821 $201.80 $0.00 $201.80 098-590-038-0 1 Developed Single Family 4,821 $201.80 $0.00 $201.80 098-590-039-8 1 Developed Single Family 5,603 $205.20 $0.00 $205.20 098-590-040-6 1 Developed Single Family 5,801 $205.20 $0.00 $205.20 098-590-041-4 1 Developed Single Family 5,631 $205.20 $0.00 $205.20 098-590-042-2 1 Developed Single Family 6,372 $208.90 $0.00 $208.90 098-590-043-0 1 Developed Single Family 4,636 $201.80 $0.00 $201.80 098-590-044-8 1 Developed Single Family 4,839 $201.80 $0.00 $201.80 098-590-045-5 1 Developed Single Family 5,936 $205.20 $0.00 $205.20 098-590-046-3 1 Developed Single Family 8,349 $217.18 $0.00 $217.18 098-590-047-1 1 Developed Single Family 4,646 $201.80 $0.00 $201.80 County of Contra Costa Community Facilities District No. 2007-1 (Stormwater Management Facilities) Special Tax Levy for Fiscal Year 2018-19 Special Tax Special Tax FY 2018-19 Total Actual Special Tax FY 2018-19 Tier 1 Actual FY 2018-19 Tier 2 Actual Page 1 of 3 Parcel Impervious Assessor's Tax Development Type of Square Square Parcel Number Zone Status Property Footage Footage County of Contra Costa Community Facilities District No. 2007-1 (Stormwater Management Facilities) Special Tax Levy for Fiscal Year 2018-19 Special Tax Special Tax FY 2018-19 Total Actual Special Tax FY 2018-19 Tier 1 Actual FY 2018-19 Tier 2 Actual 098-590-048-9 1 Developed Single Family 4,646 $201.80 $0.00 $201.80 098-590-049-7 1 Developed Single Family 4,743 $201.80 $0.00 $201.80 098-590-050-5 1 Developed Single Family 4,650 $201.80 $0.00 $201.80 099-210-023-0 1 Developed Other N/A 19,026 $378.08 $0.00 $378.08 116-100-051-6 1 Developed Single Family 14,985 $243.94 $0.00 $243.94 116-100-052-4 1 Developed Single Family 21,649 $268.70 $0.00 $268.70 116-100-053-2 1 Developed Single Family 24,611 $268.70 $0.00 $268.70 116-100-054-0 1 Developed Single Family 17,947 $243.94 $0.00 $243.94 116-100-055-7 1 Developed Single Family 18,034 $243.94 $0.00 $243.94 116-100-056-5 1 Developed Single Family 16,553 $243.94 $0.00 $243.94 116-100-057-3 1 Developed Single Family 17,380 $243.94 $0.00 $243.94 116-100-058-1 1 Developed Single Family 31,537 $298.04 $0.00 $298.04 138-120-019-3 1 Developed Other N/A 14,116 $321.44 $0.00 $321.44 /1 140-220-008-1 1 Undeveloped Single Family 0 $0.00 $0.00 $0.00 148-480-014-7 1 Developed Other N/A 125,987 $1,611.88 $0.00 $1,611.88 159-040-094-9 1 Developed Other N/A 27,925 $480.72 $0.00 $480.72 166-010-042-9 1 Developed Single Family 18,330 $243.94 $0.00 $243.94 166-010-043-7 1 Developed Single Family 14,280 $243.94 $0.00 $243.94 166-010-044-5 1 Undeveloped Single Family 22,825 $0.00 $0.00 $0.00 166-010-045-2 1 Developed Single Family 37,000 $298.04 $0.00 $298.04 166-010-046-0 1 Undeveloped Single Family 30,400 $0.00 $0.00 $0.00 166-010-047-8 1 Developed Single Family 50,200 $325.38 $0.00 $325.38 166-010-048-6 1 Developed Single Family 24,700 $268.70 $0.00 $268.70 166-010-049-4 1 Developed Single Family 22,170 $268.70 $0.00 $268.70 166-010-050-2 1 Undeveloped Single Family 39,200 $0.00 $0.00 $0.00 167-360-002-7 1 Developed Other N/A 56,250 $807.46 $0.00 $807.46 167-360-004-3 1 Undeveloped Other N/A $0.00 $0.00 $0.00 180-131-036-6 1 Developed Single Family 18,519 $243.94 $0.00 $243.94 180-131-037-4 1 Developed Single Family 17,503 $243.94 $0.00 $243.94 184-100-034-0 1 Developed Single Family 6,217 $208.90 $0.00 $208.90 184-100-035-7 1 Developed Single Family 4,343 $201.80 $0.00 $201.80 184-100-036-5 1 Developed Single Family 6,971 $208.90 $0.00 $208.90 184-100-037-3 1 Developed Single Family 9,129 $217.18 $0.00 $217.18 184-100-038-1 1 Developed Single Family 7,349 $212.32 $0.00 $212.32 184-100-039-9 1 Developed Single Family 13,573 $227.42 $0.00 $227.42 184-100-040-7 1 Developed Single Family 13,993 $227.42 $0.00 $227.42 184-100-041-5 1 Developed Single Family 11,496 $227.42 $0.00 $227.42 184-100-042-3 1 Developed Single Family 7,187 $212.32 $0.00 $212.32 184-100-043-1 1 Developed Single Family 7,864 $212.32 $0.00 $212.32 184-100-044-9 1 Developed Single Family 6,787 $208.90 $0.00 $208.90 184-100-045-6 1 Developed Single Family 8,090 $217.18 $0.00 $217.18 184-100-046-4 1 Developed Single Family 8,061 $217.18 $0.00 $217.18 184-100-047-2 1 Developed Single Family 7,514 $212.32 $0.00 $212.32 184-100-048-0 1 Developed Single Family 5,083 $205.20 $0.00 $205.20 184-100-049-8 1 Developed Single Family 7,578 $212.32 $0.00 $212.32 184-450-038-7 1 Developed Other N/A 28,533 $487.74 $0.00 $487.74 /2 184-590-001-6 1 Developed Multi-Family 1,557 $154.34 $0.00 $154.34 184-590-002-4 1 Developed Multi-Family 1,557 $154.34 $0.00 $154.34 184-590-003-2 1 Developed Multi-Family 1,557 $154.34 $0.00 $154.34 184-590-004-0 1 Developed Multi-Family 1,557 $154.34 $0.00 $154.34 184-590-005-7 1 Developed Multi-Family 1,557 $154.34 $0.00 $154.34 184-590-006-5 1 Developed Multi-Family 1,557 $154.34 $0.00 $154.34 184-590-007-3 1 Developed Multi-Family 1,557 $154.34 $0.00 $154.34 184-590-008-1 1 Developed Multi-Family 1,557 $154.34 $0.00 $154.34 184-590-009-9 1 Developed Multi-Family 1,557 $154.34 $0.00 $154.34 184-590-010-7 1 Developed Multi-Family 1,557 $154.34 $0.00 $154.34 184-590-011-5 1 Developed Multi-Family 1,557 $154.34 $0.00 $154.34 184-590-012-3 1 Developed Multi-Family 1,557 $154.34 $0.00 $154.34 184-590-013-1 1 Developed Multi-Family 1,557 $154.34 $0.00 $154.34 Page 2 of 3 Parcel Impervious Assessor's Tax Development Type of Square Square Parcel Number Zone Status Property Footage Footage County of Contra Costa Community Facilities District No. 2007-1 (Stormwater Management Facilities) Special Tax Levy for Fiscal Year 2018-19 Special Tax Special Tax FY 2018-19 Total Actual Special Tax FY 2018-19 Tier 1 Actual FY 2018-19 Tier 2 Actual 184-590-014-9 1 Developed Multi-Family 1,557 $154.34 $0.00 $154.34 187-180-031-2 1 Developed Single Family 29,403 $268.70 $0.00 $268.70 187-180-032-0 1 Developed Single Family 20,560 $268.70 $0.00 $268.70 187-231-034-5 1 Developed Single Family 24,350 $268.70 $0.00 $268.70 187-231-035-2 1 Developed Single Family 20,909 $268.70 $0.00 $268.70 188-232-042-5 1 Developed Single Family 31,145 $298.04 $0.00 $298.04 188-232-043-3 1 Developed Single Family 22,303 $268.70 $0.00 $268.70 188-232-044-1 1 Developed Single Family 33,411 $298.04 $0.00 $298.04 192-240-024-5 1 Developed Single Family 41,469 $325.38 $0.00 $325.38 192-240-025-2 1 Undeveloped Single Family 66,342 $0.00 $0.00 $0.00 193-210-008-2 1 Undeveloped Single Family 102,802 $0.00 $0.00 $0.00 193-861-022-5 1 Undeveloped Single Family 2,500 $0.00 $0.00 $0.00 195-351-044-1 1 Developed Single Family 41,251 $325.38 $0.00 $325.38 195-351-045-8 1 Developed Single Family 56,149 $325.38 $0.00 $325.38 197-090-003-9 1 Developed Other N/A 18,215 $368.72 $0.00 $368.72 198-081-021-0 1 Developed Single Family 21,780 $268.70 $0.00 $268.70 198-081-022-8 1 Developed Single Family 21,780 $268.70 $0.00 $268.70 198-100-005-0 1 Developed Single Family 40,075 $325.38 $0.00 $325.38 198-100-006-8 1 Developed Single Family 42,253 $325.38 $0.00 $325.38 198-100-011-8 1 Developed Single Family 77,537 $325.38 $0.00 $325.38 198-100-012-6 1 Undeveloped Single Family 88,427 $0.00 $0.00 $0.00 203-770-005-7 1 Developed Other N/A 12,650 $304.52 $0.00 $304.52 223-042-007-3 1 Developed Agricultural N/A $325.38 $0.00 $325.38 357-140-050-0 1 Undeveloped Single Family 6,157 $0.00 $0.00 $0.00 357-140-051-8 1 Undeveloped Single Family 4,249 $0.00 $0.00 $0.00 357-140-052-6 1 Undeveloped Single Family 4,249 $0.00 $0.00 $0.00 357-140-053-4 1 Undeveloped Multi-Family 6,519 $0.00 $0.00 $0.00 357-140-054-2 1 Undeveloped Single Family 5,314 $0.00 $0.00 $0.00 357-140-055-9 1 Undeveloped Single Family 3,572 $0.00 $0.00 $0.00 380-010-026-9 1 Developed Other N/A 74,980 $1,023.50 $0.00 $1,023.50 /3 420-080-025-0 1 Developed Other N/A 70,820 $975.52 $0.00 $975.52 /4 Total Special Tax Levy for FY 2018-19 $34,037.12 /1 Project spans over two parcels; the Incremental Special Tax per Impervious Square Foot for APNs 138-120-018-5 is levied on APN 138-120-019-3. /2 Project spans over three parcels; the Incremental Special Tax per Impervious Square Foot for APNs 184-450-039-5 and 184-450-040-3 is levied on APN 184-450-038-7. /3 Project spans over two parcels; the Incremental Special Tax per Impervious Square Foot for APN 380-010-023-6 is levied on APN 380-010-026-9. /4 Project spans over three parcels; the Incremental Special Tax per Impervious Square Foot for APNs 419-180-020-2 and 420-080-004-5 is levied on APN 420-080-025-0. Goodwin Consulting Group, Inc. Page 3 of 3 APPENDIX C Rate and Method of Apportionment of Special Tax CCC CFD No. 2007-1 1 July 2, 2007 COUNTY OF CONTRA COSTA COMMUNITY FACILITIES DISTRICT NO. 2007-1 (STORMWATER FACILITY MAINTENANCE) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX Special Taxes applicable to each Assessor’s Parcel in Community Facilities District No. 2007-1 (Stormwater Facility Maintenance) [herein “CFD No. 2007-1” or “CFD”] shall be levied and collected according to the tax liability determined by the Board of Supervisors of the County of Contra Costa, acting in its capacity as the legislative body of CFD No. 2007-1, through the application of the appropriate Special Taxes, as described below. All of the property in CFD No. 2007-1, unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 2007-1 unless a separate Rate and Method of Apportionment of Special Tax is adopted for the annexation area. A. DEFINITIONS The terms hereinafter set forth have the following meanings: “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311), Division 2, of Title 5 of the Government Code of the State of California. “Administrative Expenses” means the direct and indirect expenses incurred by the CFD or the County in connection with the establishment and administration of CFD No. 2007-1 (including, but not limited to, the levy and collection of the Special Taxes) including the fees and expenses of attorneys, any fees of the County or the CFD related to CFD No. 2007-1 or the collection of Special Taxes, an allocable share of the salaries of County or CFD staff directly related thereto and a proportionate amount of the County’s and the CFD’s general administrative overhead related thereto, any amounts paid by the County or the CFD from their respective general funds with respect to CFD No. 2007-1 or the services authorized to be financed by CFD No. 2007-1, and expenses incurred by the County or the CFD in undertaking action to foreclose on properties for which the payment of Special Taxes is delinquent, any amounts necessary to maintain a reserve required by CFD No. 2007-1 for the payment of services and all other costs and expenses of the County or the CFD in any way related to CFD No. 2007-1. “Administrator” means the person or firm designated by the Board of Supervisors to administer the Special Taxes according to this RMA. “Agricultural Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit was issued for construction of a structure located on land that is designated for agricultural use pursuant to the County’s General Plan. CCC CFD No. 2007-1 2 July 2, 2007 “Assessor’s Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel number. “Authorized Services” means, collectively, the Authorized Tier 1 Services and Authorized Tier 2 Services. “Authorized Tier 1 Services” means the public services identified as Tier 1 services that are authorized to be funded by CFD No. 2007-1, as set forth in the CFD formation documents adopted by the Board of Supervisors. “Authorized Tier 2 Services” means the public services identified as Tier 2 services that are authorized to be funded by CFD No. 2007-1, as set forth in the CFD formation documents adopted by the Board of Supervisors. “Board of Supervisors” means the Board of Supervisors of the County of Contra Costa, acting as the legislative body of CFD No. 2007-1. “County” means the County of Contra Costa. “Developed Property” means, in any Fiscal Year, all Parcels of Taxable Property for which (i) a building permit for new construction or substantial redevelopment of a residential or non- residential structure was issued prior to June 1 of the preceding Fiscal Year, or (ii) land use entitlement(s) involving the creation or redevelopment of impervious surface is granted and exercised where no building permit is required. . Developed Property shall not include Parcels on which a structure(s) exists at the time CFD No. 2007-1 was formed unless additional building permits are issued for additional development or substantial redevelopment on the Parcel or, for future annexations, at the time that Parcel(s) is annexed to CFD No. 2007-1. “Fiscal Year” means the period starting on July 1 and ending on the following June 30. “Impervious Square Foot” or “Impervious Square Footage” means the impervious square footage assigned to a Parcel as determined by the County Public Works Department. “Maximum Special Taxes” means, collectively, the Maximum Tier 1 Special Tax and Maximum Tier 2 Special Tax. “Maximum Tier 1 Special Tax” means the maximum Tier 1 Special Tax that can be levied on Taxable Property in any Fiscal Year determined in accordance with Section C below. “Maximum Tier 2 Special Tax” means the maximum Tier 2 Special Tax that can be levied on Taxable Property in any Fiscal Year determined in accordance with Section C below. “Multi-Family Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit was issued for construction of a residential structure that (i) is located within a mobile home park, or (ii) consists of two or more residential units that share common walls, including duplex, triplex and fourplex units, townhomes, condominiums and apartment CCC CFD No. 2007-1 3 July 2, 2007 units. Multi-Family Property excludes residential second units established pursuant to Section 82-24 of the Zoning Ordinance Code. “Other Property” means, in any Fiscal Year, all Parcels of Developed Property that are not Agricultural Property, Single Family Property, or Multi-Family Property. “Parcel” see definition of Assessor’s Parcel. “Parcel Square Foot” or “Parcel Square Footage” means, for Agricultural Property and Single Family Property, the square footage assigned to a Parcel as determined by the County Public Works Department based on information from the Assessor’s Parcel map. “PSWMF” means any permanent stormwater management facility for treatment and/or flood control, as determined by the County Public Works Department, located within the boundaries of CFD No. 2007-1. “PSWMF Service Area” means an area within a Tax Zone, as determined by the County Public Works Department, that is comprised of one or more Parcels that are served by a specific PSWMF. “Public Property” means any property within the boundaries of CFD No. 2007-1 that is owned or irrevocable offered for dedication to the federal government, State of California, County, or other local governments or public agencies. “RMA” means this Rate and Method of Apportionment of Special Tax. “Single Family Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit was issued for construction of a single family residential unit that does not share a common wall with another unit, except for attached residential second units established pursuant to Section 82-24 of the Zoning Ordinance Code. A Parcel of Single Family Property with an attached residential second unit established pursuant to Section 82-24 will be taxed as one Parcel of Single Family Property pursuant to this RMA. Excepted from classification as Single Family Property are Parcels of Agricultural Property and Parcels for which the single family residential use is not the primary use. “Special Taxes” means, collectively, the Tier 1 Special Tax and Tier 2 Special Tax. “Taxable Property” means all Assessors’ Parcels within the boundaries of CFD No. 2007-1 that are not exempt from the Special Tax pursuant to law or Section E below. “Taxable Public Property” means, in any Fiscal Year, all Assessors’ Parcels in CFD No. 2007-1 that had, in prior Fiscal Years, been taxed as Developed Property and subsequently have come under the ownership of a public agency. CCC CFD No. 2007-1 4 July 2, 2007 “Tax Zone” means one of the mutually exclusive tax zones identified in Attachment 2 of this RMA. Attachment 2 will be updated to include new Tax Zones or new Parcels added to CFD No. 2007-1 as a result of future annexations to the CFD. “Tier 1 Special Tax” means a special tax levied in any Fiscal Year to pay the Tier 1 Special Tax Requirement. “Tier 1 Special Tax Requirement” means the amount for each separate Tax Zone in CFD No. 2007-1 necessary in any Fiscal Year to (i) pay for Authorized Tier 1 Services, (ii) pay Administrative Expenses for the Fiscal Year, (iii) cure any delinquencies in the payment of Tier 1 Special Taxes levied in prior Fiscal Years or (based on delinquencies in the payment of Tier 1 Special Taxes which have already taken place) are expected to occur in the current Fiscal Year, and (iv) to create or replenish reserve funds. “Tier 2 Special Tax” means a special tax levied in any Fiscal Year to pay the Tier 2 Special Tax Requirement. “Tier 2 Special Tax Requirement” means, for any PSWMF Service Area within a Tax Zone, that amount necessary in any Fiscal Year to (i) pay for Authorized Tier 2 Services, (ii) pay Administrative Expenses that have not been included in the Tier 1 Special Tax Requirement, (iii) cure any delinquencies in the payment of Tier 2 Special Taxes levied in prior Fiscal Years or (based on delinquencies in the payment of Tier 2 Special Taxes which have already taken place) are expected to occur in the current Fiscal Year, and (iv) to create or replenish reserve funds. “Unit” means (i) for Single Family Property, an individual single-family unit, (ii) for Multi- Family Property, an individual residential unit within a duplex, triplex, fourplex, townhome, condominium, apartment structure, or mobile home park. “Unit Square Foot” or “Unit Square Footage” means, for Multi-Family Property, the square footage assigned to a Parcel as determined by the County Public Works Department, based on information from the Assessor’s Parcel map, divided by the number of Units on that Parcel. B. DATA COLLECTION FOR ANNUAL TAX LEVY Each Fiscal Year, the Administrator shall identify the current Assessor’s Parcel numbers for all Parcels of Developed Property within CFD No. 2007-1 and shall determine within which Tax Zone each Assessor’s Parcel is located. Upon each annexation of property into CFD No. 2007-1, the Administrator shall update Attachment 2 of this RMA to include each new Parcel that is annexed into an existing Tax Zone or, if a new Tax Zone is created, each new Tax Zone and the Assessor’s Parcel(s) included in the Tax Zone. If a new Tax Zone is created, the Administrator shall update Attachment 1 of this RMA to include the Maximum Special Taxes for that Tax Zone. The Administrator shall also determine: (i) whether each Assessor’s Parcel of Developed Property is Agricultural Property, Single Family Property, Multi-Family Property, or Other Property, (ii) for Parcels of Agricultural Property and Single Family Property, the Parcel Square Footage of each Parcel, (ii) for Parcels of Multi-Family Property, the number of Units, the total CCC CFD No. 2007-1 5 July 2, 2007 square footage of each Parcel, and the Unit Square Footage of each Unit, and (iii) for Other Property, the Impervious Square Footage of each Parcel. For Multi-Family Property, the number of Units shall be determined by referencing the development plan for the property or other County development records. Finally, the Administrator shall also determine the Tier 1 Special Tax Requirement for each Tax Zone. The Administrator shall, on an ongoing basis, coordinate with County staff to determine whether a Tier 2 Special Tax levy will be required for any PSWMF Service Area. If such a levy is required, the Administrator shall determine the Tier 2 Special Tax Requirement for the PSWMF Service Area subject to the Tier 2 Special Tax levy. The Administrator shall also determine the current Assessor’s Parcel number, the Parcel Square Footage of all Parcels of Agricultural Property and Single Family Property, the Unit Square Footage of all Parcels of Multi-Family Property, and the Impervious Square Footage of all Parcels of Other Property in the PSWMF Service Area subject to the levy. In any Fiscal Year, if it is determined that (i) a parcel map for a portion of property in CFD No. 2007-1 was recorded after January 1 of the prior Fiscal Year (or any other date after which the Assessor will not incorporate the newly-created Parcels into the then current tax roll), (ii) because of the date the parcel map was recorded, the Assessor does not yet recognize the new Parcels created by the parcel map, and (iii) one or more of the newly-created Parcels meets the definition of Developed Property, the Administrator shall calculate the Special Tax for the property affected by recordation of the parcel map by determining the Special Tax that applies separately to each newly-created Parcel, then applying the sum of the individual Special Taxes to the Parcel that was subdivided by recordation of the parcel map. C. MAXIMUM SPECIAL TAXES The Maximum Special Tax rates for each Tax Zone are shown in Attachment 1 of this RMA. The Maximum Special Taxes for a Parcel of Taxable Property shall be determined by the following: 1. Agricultural Property or Single Family Property The Maximum Special Taxes for a Parcel of Agricultural Property or Single Family Property is the sum of the applicable Maximum Tier 1 Special Tax and the Maximum Tier 2 Special Tax rates shown in Attachment 1 of this RMA for the Tax Zone and the then current Fiscal Year. 2. Multi-Family Property The Maximum Special Taxes for a Parcel of Multi-Family Property is the sum of (i) the number of Units on the Parcel multiplied by the applicable Maximum Tier 1 Special Tax rate for such Parcel, and (ii) the number of Units on the Parcel multiplied by the applicable Maximum Tier 2 Special Tax rate for such Parcel, as shown in Attachment 1 of this RMA for the Tax Zone and the then current Fiscal Year. CCC CFD No. 2007-1 6 July 2, 2007 3. Other Property The Maximum Special Taxes for a Parcel of Other Property is the sum of the Maximum Tier 1 Special Tax and Maximum Tier 2 Special Tax for such Parcel. The Maximum Tier 1 Special Tax for such Parcel is the sum of: (i) the base Maximum Tier 1 Special Tax for the Tax Zone, and (ii) the incremental Maximum Tier 1 Special Tax multiplied by the Parcel’s Impervious Square Footage for the Tax Zone, as shown in Attachment 1 of this RMA. The Maximum Tier 2 Special Tax for such Parcel is the sum of: (i) the base Maximum Tier 2 Special Tax for the Tax Zone, and (ii) the incremental Maximum Tier 2 Special Tax multiplied by the Parcel’s Impervious Square Footage for the Tax Zone, as shown in Attachment 1 of this RMA. D. METHOD OF LEVY AND MANNER OF COLLECTION OF THE SPECIAL TAXES The Special Taxes shall be levied and collected according to the methodology outlined below: 1. Tier 1 Special Tax For each Tax Zone, the Tier 1 Special Tax shall be levied as follows until the amount of the levy equals the Tier 1 Special Tax Requirement for that Tax Zone. Step 1: The Tier 1 Special Tax shall be levied proportionately on each Parcel of Developed Property that is not Taxable Public Property up to 100% of the Maximum Tier 1 Special Tax for that Tax Zone, as shown in Attachment 1 of this RMA, until the amount levied is equal to the Tier 1 Special Tax Requirement for the Tax Zone. Step 2: If additional revenue is needed after Step 2, the Tier 1 Special Tax shall be levied proportionately on each Parcel of Taxable Public Property up to 100% of the Maximum Tier 1 Special Tax that had applied to the Parcel prior to the Parcel becoming Taxable Public Property, until the amount levied is equal to the Tier 1 Special Tax Requirement for the Tax Zone. The Tier 1 Special Tax for CFD No. 2007-1 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that the County may bill directly, collect at a different time or in a different manner. 2. Tier 2 Special Tax For any PSWMF Service Area in a Tax Zone, the Tier 2 Special Tax, if applicable, shall be levied as follows until the amount of the levy equals the Tier 2 Special Tax Requirement for that PSWMF Service Area. Step 1: The Tier 2 Special Tax shall be levied proportionately on each Parcel of Developed Property that is not Taxable Public Property up to 100% of the CCC CFD No. 2007-1 7 July 2, 2007 Maximum Tier 2 Special Tax for that Tax Zone, as shown in Attachment 1 of this RMA, until the amount levied is equal to the Tier 2 Special Tax Requirement for the PSWMF Service Area. Step 2: If additional revenue is needed after Step 1, the Tier 2 Special Tax shall be levied proportionately on each Parcel of Taxable Public Property up to 100% of the Maximum Tier 2 Special Tax that had applied to the Parcel prior to the Parcel becoming Taxable Public Property, until the amount levied is equal to the Tier 2 Special Tax Requirement for the PSWMF Service Area. The Tier 2 Special Tax for CFD No. 2007-1 shall be billed directly to the property owner(s) within a PSWMF Service Area on an as needed basis. E. LIMITATIONS Notwithstanding any other provision of this RMA, no Special Tax shall be levied on Public Property that is not Taxable Public Property or property owned by a homeowner’s or property owner’s association. F. INTERPRETATION OF SPECIAL TAX FORMULA The County reserves the right to make minor administrative and technical changes to this document that do not materially affect the rate and method of apportioning Special Taxes. In addition, the interpretation and application of any section of this document shall be left to the County’s discretion. Interpretations may be made by the County by resolution of the Board of Supervisors for purposes of clarifying any vagueness or ambiguity in this RMA. G. APPEAL OF SPECIAL TAX LEVY Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the Administrator not later than one calendar year after having paid the Special Tax that is disputed. The Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and decide the appeal. If the property owner disagrees with the Administrator’s decision relative to the appeal, the owner may then file a written appeal with the Board of Supervisors whose subsequent decision shall be binding. If the decision of the Administrator (if the appeal is not filed with the Board of Supervisors) or the Board of Supervisors (if the appeal is filed with the Board of Supervisors) requires the Special Tax to be modified or changed in favor of the property owner, no cash refund shall be made for prior years’ Special Tax levies, but an adjustment shall be made to the next Special Tax levy. This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to any legal action by such owner. Agricultural Property N/A $564.17 per Parcel $9,378.63 per Parcel $9,942.80 per Parcel Less than 5,000 Parcel Sq.Ft. $349.88 per Parcel $5,816.32 per Parcel $6,166.20 per Parcel 5,000 TO 5,999 Parcel Sq.Ft. $355.79 per Parcel $5,914.56 per Parcel $6,270.35 per Parcel 6,000 TO 6,999 Parcel Sq.Ft. $362.20 per Parcel $6,021.17 per Parcel $6,383.37 per Parcel 7,000 TO 7,999 Parcel Sq.Ft. $368.14 per Parcel $6,119.97 per Parcel $6,488.11 per Parcel 8,000 TO 9,999 Parcel Sq.Ft. $376.54 per Parcel $6,259.51 per Parcel $6,636.05 per Parcel 10,000 TO 13,999 Parcel Sq.Ft. $394.30 per Parcel $6,554.79 per Parcel $6,949.09 per Parcel 14,000 TO 19,999 Parcel Sq.Ft. $422.94 per Parcel $7,030.92 per Parcel $7,453.86 per Parcel 20,000 TO 29,999 Parcel Sq.Ft. $465.89 per Parcel $7,744.83 per Parcel $8,210.72 per Parcel 30,000 TO 39,999 Parcel Sq.Ft. $516.76 per Parcel $8,590.48 per Parcel $9,107.24 per Parcel Greater than or Equal to 40,000 Parcel Sq.Ft.$564.17 per Parcel $9,378.63 per Parcel $9,942.80 per Parcel Less than 2,500 Unit Sq.Ft.$267.61 per Unit $4,448.77 per Unit $4,716.38 per Unit 2,500 TO 2,999 Unit Sq.Ft.$269.85 per Unit $4,486.17 per Unit $4,756.02 per Unit 3,000 TO 3,999 Unit Sq.Ft.$279.27 per Unit $4,642.46 per Unit $4,921.73 per Unit 4,000 TO 4,999 Unit Sq.Ft.$291.12 per Unit $4,839.50 per Unit $5,130.62 per Unit 5,000 TO 5,999 Unit Sq.Ft.$303.44 per Unit $5,044.35 per Unit $5,347.79 per Unit 6,000 TO 6,999 Unit Sq.Ft.$315.80 per Unit $5,249.76 per Unit $5,565.56 per Unit 7,000 TO 7,999 Unit Sq.Ft.$327.65 per Unit $5,446.80 per Unit $5,774.45 per Unit Greater than or Equal to 8,000 Unit Sq.Ft.$333.59 per Unit $5,545.60 per Unit $5,879.19 per Unit Maximum Special Taxes for Tax Zone 11 Attachment 1 County of Contra Costa Community Facilities District No. 2007-1 (Stormwater Facility Maintenance) For Agricultural Property, Single Family Property, and Multi-Family Property Type of Property Square Footage (Sq.Ft.) Maximum Tier 1 Special Tax Maximum Special Taxes for FY 2007-082 Maximum Special Taxes 2Beginningin January 2008, and each January thereafter, the MaximumSpecial Taxes shown in this Attachment 1 shall be adjusted by applying the greater of (i) the increase, if any, in the Local Consumer Price Index (CPI) for the San Francisco-Oakland-San Jose Area for All Urban Consumers that had occurred since January of the prior year, or (ii) the increase, if any, in the Engineering News Record’s Common Labor Index that had occurred since January of the prior year. Each annual adjustment of the Maximum Special Taxes shall be come effective on the following July 1. Maximum Tier 2 Special Tax 1Tax Zones that are added to CFD No. 2007-1 as a result of future annexations will have their Maximum Special Taxes determined during the annexation process. This Attachment 1 shall be updated to reflect each new annexation. Multi-Family Property Single Family Property Base Maximum Tier 1 Special Tax (per Parcel) Incremental Maximum Tier 1 Special Tax (per Impervious Square Foot) Base Maximum Tier 2 Special Tax (per Parcel) Incremental Maximum Tier 2 Special Tax (per Impervious Square Foot) Base Maximum Special Taxes (per Parcel) Incremental Maximum Special Taxes (per Impervious Square Foot) $275.00 $0.02 $5,600.00 $0.12 $5,875.00 $0.14 Maximum Special Taxes for Tax Zone 11 For Other Property Maximum Special Taxes Attachment 1 Cont. County of Contra Costa Community Facilities District No. 2007-1 (Stormwater Facility Maintenance) Maximum Tier 1 Special Tax Maximum Special Taxes for FY 2007-082 1Tax Zones that are added to CFD No. 2007-1 as a result of future annexations will have their Maximum Special Taxes determinedduring the annexation process. This Attachment 1 shall be updated to reflect each new annexation. 2Beginning in January 2008, and each January thereafter, the Maximum Special Taxes shown in this Attachment 1 shall be adjusted by applying the greater of (i) the increase, if any, in the Local Consumer Price Index (CPI) for the San Francisco-Oakland-San Jose Area for All Urban Consumers that had occurred since January of the prior year, or (ii) the increase, if any, in the Engineering News Record’s Common Labor Index that had occurred since January of the prior year. Each annual adjustment of the Maximum Special Taxes shall be come effective on the following July 1. Maximum Tier 2 Special Tax 1 098-180-027 098-180-030 1The property identified by the Assessor’s Parcel numbers listed above shall remain part of the identified Tax Zone regardless of changes in the configuration of the Assessor’s Parcels or changes to APNs in future Fiscal Years. This Attachment 2 shall be updated to reflect Parcels that are added to a Tax Zone or Tax Zones that are added to CFD No. 2007-1 as a result of future annextions. Identification of Tax Zones Tax Zone Assessor's Parcels Included in Tax Zone1 Attachment 2 County of Contra Costa Community Facilities District No. 2007-1 (Stormwater Facility Maintenance) APPENDIX D Boundary Map of Community Facilities District No. 2007-1 APPENDIX E Assessor’s Parcel Maps for Fiscal Year 2018-19 PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE INFORMATION NOTE: THIS MAP WAS PREPARED FOR ASSESSMENT DELINEATED HEREON. ASSESSOR'S PARCELS OR BUILDING SITE ORDINANCES. MAY NOT COMPLY WITH LOCAL LOT SPLIT 01 08 07 06 05 27 03 040 3 P.B. 5 5 44 45 43 12 29 27 28 59 60 61 68 50 18 19 23 24 25 36 4142 58 63 57 62 09 49 48 46 32 64675.01N01°11'15"E140.95 115.95 N89°10'55"W 403'N01°11'15"E187.50'187.50'N89°18'35"W N01°11'15"E286.00 183'9515' 286.90 S01°15'EN.D.N89°10'55"W 665.69 665.69 N89°10'55"W 325.07 325.07 N.D.N00°49'05"EN00°49'05"E1037.25S89°10'55"E 108200 200108 195.0S00°49'05"W316.42 369.67 S89°10'55"E 369.67 737.091232.26N01°02'40"E1232.26N01°02'40"E369.67 1378.87S89°10'55"E 369.67639.53 950.07N00°15'W1373.79 S89°45'W 62.5 260950.07N89°25'24"W 160' 80'690.10429.97430.10429.84408.54690.2162.5080'80'477' 699.50 152.0 185.0 472.00472.00N00°35'10"EN00°35'10"EN00°35'10"EN00°35'10"EN00°35'10"E152.0 185.0 152.0'152.0'152.0' 793.0N89°31'20"W 179.11N00°18'05"E275'158.41 316.81 137.5137.5137.5137.5158.41 275.0N00°18'05"EN00°18'05"E276.97N89°35'13"W S89°31'20"E 494.15275.87818.64 699.50 606.861297.87275'N89°31'20"W 495.52 970.74(T)N00°35'10"E275'152.0'152.0'152.0' S89°31'20"E 637.54 181.3N01°02'40"E1232.26675.00661.37 325.07 S89°10'55"E "B""C" "A" 5 5 3 3 BYRONHIGHWAY84 "B""C" 3 "A" 3 9 96 "A" .50Ac 9 226 OR 58 2-8-30 BYER ROAD "B""C" 9 7 7 4 8 "A" "D" 30' TO C.C.CO. "C" "C"30' DED TO CO.8 4 11 "A""A""B""B""D""C" POR. "A" .43Ac 1.13Ac.30' DED. TO CO.8 8 E S551.664 1.0Ac 4 4 CO. 109 D 530 2/24/05RD 2 1717 .99Ac .79Ac CAMINO DIABLO 867.80N9 407D 10 11/18/21 11/18/21341D11127.90Ac 407D11L 341D111 HOSIE AVE 3 1-3/10/72 8/27/73 3-11/30/78 4-10/20/83 5- 6-10/30/85 7-3/24/88 8-6/1/93 9-1/14/94 1"=400' 33' R/W TO B.B.I.D.380.79'380.53'140.95'115.95'N0°18'5"E "A"N0°34'36"E.79Ac COLETA'S WAY6.15Ac 969.37 968.0 1.0Ac 1.65Ac 2.0Ac 1.54Ac 1.54Ac 1.54Ac 1.83Ac 472.0442.0442.0442.0442.02 SEC 3 T1S R3E MDB&MPOR S 1/ 21PM14 8/28/85 29PM37 72PM28 107PM45 118PM5 119PM21 87LSM19 2- 162PM10 163PM49 16.69Ac 10.28Ac 5.04Ac 65 66453.23S0°46'25"WN89°6'53"W 816.03 848.94 1664.97 551.66739.03848.93 10-196PM16 4/13/06 10 10 10 10 "A" "B""C" 10.35Ac 10.75Ac 28.18Ac 35' ACCESS EASEN89°6'53"W N89°10'55"W 1661.46 5' DEDICATED TO COUNTY (.19Ac) .98Ac220.0 220.0 195.010.46Ac 10.46Ac 20' DRAIN EASE 5' DED TO CCC ASSESSOR'S MAP CONTRA COSTA COUNTY,CALIF. BOOK PAGE2 4 69500.0250.0 67 2.10Ac C 24' R/W BYRON-BETHANY IRRIG DIST BYRON-BETHANY IRRIG DIST18.266Ac 5.0Ac 3.12Ac 1.23Ac 1.01Ac 2.84Ac 1.50Ac 1.11Ac 250.0 NDNDNDN LN SE 1/4 OF SW 1/ 430' DED TO CCC25' DED TO CCC381.10FM MID SEC1.00Ac 69 040 2/6/17 "B" 316.81 ASSESSOR’S MAP CONTRA COSTA COUNTY,CALIF. BOOK PAGE95 6 060 14 05 07 11 060 BELLA VISTA AMENDED MAP OF BELLA VISTA INGLEWOODB A A 30’ R/W20’ R/WROADCANAL66 67 68 (246 OR 231)17 1415 12 1606 08 TO CO 6565.57 107140.37 405075.57 75.57 318.1 40256002540 133.4 293.25’N72^43’W280243.1140.57 27 1"=100’ Sanborn Date : 28/05/1999 1 2 3 4 5 6 7 8 18 19 20 21 22 23 24 8,793SF 6,859SF 7,502SF 6,602SF 8,612SF 9,689SF 9,472SF TRACT 8902 CC C C PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE INFORMATION NOTE: THIS MAP WAS PREPARED FOR ASSESSMENT DELINEATED HEREON. ASSESSOR’S PARCELS MAY NOT COMPLY WITH LOCAL LOT SPLIT OR BUILDING SITE ORDINANCES. 9,221SF TR 9189 110.48 110.17 85.02 111.72 109.9068.068.060.060.078.3387.7740’ PG&E EASE110.77 75.58 60.07 83.54105.1893.15 62.090.062.023.9N0^27’41"E N0^43’21"E N0^27’41"E N0^27’41"E 119.9181.9191.37N0^43’21"E N89^32’19"W280.0280.0280.080.0 46.21N65^03’19"WN72^17’18"WN89^16’39"WR=20 24.9230.028.3123.533 3 . 0 3R=8029.95ACCESS EASEA- B-MB 31-12 10/7/1946 MB 18-450 6/3/1924 MB 499-23 11/29/2006 2.92Ac .49Ac .51Ac .90Ac 1.36Ac E B M U DN0^27’41"E 182.0BELLA VISTA AVE 7/15/57 29 3013 OR 166 ND ND 26 5 4 3 2 1 4,393SF3,740SF 4,426SF 07 3,742SF4,393SF 5,351SF 3,157SF 3,162SF 3,454SF 6 7 8 9 EL RINCON RD S0^2’35"E D 58.14N0^0’56"W84.1684.3825.95 54.1 80.05 58.4458.4954.05 58.5358.5738 26 84.6263.95 38 40.1247.57 D 84.07DD58.0940.1247.58 272829 30 31 343332 D-TRACT 9189 C-2638 269/15/10 MB 512-9 (BAY POINT HOMES) 8/10/2010 04 STATE HWY 4ST54.0 59.0 64.0 R=18R=18 28.27 28.27 1.01.0262652.065.57 N0^00’00"EN0^00’00"E 65.58 64 SEE PG 17FEDERAL ENG CON0^00’00"E 80.0 ASSESSOR’S MAP CONTRA COSTA COUNTY,CALIF. BOOK PAGE96 3 9090299.33 299.74100 100140.00 EAST 6050506090140.00 WEST 405040NORTH150150102.5 102.5 102.5 300.97 5050505050118138N89^10’20"W 102.5 82.50 S89^10’20"E 82.49116.94136.91138.913 1 . 4 231.42 R=20 R=2033.0631.4131 . 6 5 R = 2 0R=20 7575 75 S89^10’20"E 55 2’33.13116.87136.89138.8999.99 102.5 102.5 102.5 138.75 163.75 200 15050505050505050505050505050505048485050505050505050138.75 138.75 200138.75138.75 5050100.0138.75 25’138.75138.75 505050505050505050505050505050505050138.75 138.75 60 45552.59075 138117.99118.01121290 144.99 92.50N89^10’20"W 31.41 R=20To COUNTY 41588-54AVENUE.50Ac. .12Ac. 1.03Ac. 1 1 1 1 1 1 .52Ac.602’ .922Ac. STATE HIGHWAY 12SOLANOPOINSETTIAAVENUEAVENUEA B032 033 031 19 04 14 15 06 07 08 22 16 09 10 11 28 29 16 17 32 18 19 20 22 23 30 08 04 27 24 25 31 03 01 02 03 04 05 06 08 09 10 11 12 13 36 39 3719 20 21 33 24 27 32 34 35 28 40 41 1 2 3 4 5 6 7 8 9 10 11 12 13 37 38 39 40 41 42 43 1 2 3 4 5 6 7 8 10 18 87LSM251- 02 95 P B 98 P B 031 032 033 1"=100’ 04 Sanborn Date : 28/05/1999 E-18 3.40 113.75 2.69 25 4.55135.55134.495.96138.75 5.84 5.37 135.04 5.11 135.13 2.11 134.16 6.47 PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE INFORMATION NOTE: THIS MAP WAS PREPARED FOR ASSESSMENT DELINEATED HEREON. ASSESSOR’S PARCELS MAY NOT COMPLY WITH LOCAL LOT SPLIT OR BUILDING SITE ORDINANCES. SIINO WEST AVE 2.55 6/7/05 POINSETTA LAND CO WEST PITTSBURG TRACT UNIT No 1 48485052.11(T)N45^50’20"EN44^09’40"W N44^23’06"W N46^28’04"E N45^50’20"E 485052.4153.27134.61 N43^49’38"W 5053.7024-9 1.437Ac 200 198.77 S0^50’20"W 100N89^9’37"W N0^05’20"E22 MB 19-506 6/8/1926 101.88 N89^09’40"W N89^09’37"W N89^09’40"W N1^04’20"E137.0N1^04’20"E287.0N BROADWAY5/4/1988 1/18/11 ( WILLOW PASS RD) PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE INFORMATION NOTE: THIS MAP WAS PREPARED FOR ASSESSMENT DELINEATED HEREON. ASSESSOR'S PARCELS OR BUILDING SITE ORDINANCES. MAY NOT COMPLY WITH LOCAL LOT SPLIT 1 2 7 8 9 10 50 49 48 47 46 45 44 43 42 41 40 39 38 37 36 35 34 3 4 20 19 18 17 16 15 14 13 12 116 5 33 32 31 30 292827262524232221 1"=75' 55.20 54.12 54.12 54.12 54.12 54.12 54.12 54.12 69.97 110.48 39.54 54.50 54.50 57.46 57.99 53.55 54.15 33.30 N89°17'44"W 101 101N89°17'44"W 135 4646116.45 96.87 102.50 N89°17'44"W 102.50 109.40 118.5949 454450868585102.50 95.99 107.13 107.13 50 51 51.20 51.20 51.20 74.39 50 51 28 55.20 45 52.11 30.07 11.23 72.03 02.001 W"44'71°98N 74.7735.70135.70135.70179.8879.8802.55 54 04.901 11.25 50.37 07.1861.521 W"44'71°98N 69.51165.816464646405 101 101 69.511471 E"61'24°00N111139393982 82 53.15)T(92.3914=R 501 W"44'71°98N 501 W"44'71°98N29 E"61'24°00N39471 E"61'24°00N31.701 DRIFTWOOD CIR 04.132 05 15 82 02.15 02.15 02.15 93.54393909090909 1695.811010123.16686592=R 55 .546305.03W"90'11°80N33.7483.6314=R)T(92.39 99=R 11.23 02.53 03)T(05.1686.83002 E"61'24°00NN89°17'44"W 489.49 05.201 02.6459.8397.89R=9946.7365.3345454513.28 10.40 R=9936.1037.64107.13 107.13 31.42 R=20 31.42 R=20 33.28 E"02'93°91N99=R 55.5492=R58585858585858 66.7958 7 66.6249.820332 54545407.5450.8454545454545413.2513.2530.0530.0564055499.75 51.45 03.26 4945464621.45 21.45 21.45 21.45 21.45 21.45 21.45 45.95 05.45 05.45 64.7558 585858"C""D" "A" "B" "J" "H" "E" "F" "I" "G" 2018 ROLL-TRACT 9352 MB 532-1 (DRIFTWOOD ESTATES) 2/23/17 4,650SF 4,743SF 4,608SF 4,608SF 4,608SF 6,515SF 4,650SF 4,743SF 4,646SF 4,646SF 5,936SF 4,839SF 4,636SF 6,372SF 5,631SF 5,801SF 8,349SF 5,603SF 4,821SF 4,821SF 4,821SF 4,604SF 4,609SF 4,612SF 4,612SF 4,612SF 4,674SF 3,665SF 11,899SF 4,646SF 4,646SF 4,923SF 5,361SF 5,335SF 5,930SF 4,939SF 4,632SF 4,632SF 4,884SF 4,987SF 4,604SF 4,603SF 5,115SF 4,601SF 4,600SF 4,600SF 4,600SF 4,600SF 4,600SF 4,600SF 4,600SF 4,603SF 7,521SF 7,096SF 8,506SF 6,543SF12,402SF 5,180SF 5,056SF 7,560SF 01 02 07 08 09 10 11 12 03 04 05 06 1314151617181920 21 22 23 24 25 26 27 28 29 51 52 30 31 32 33 34 35 36 37 38 3940 41 46 47 48 50 49 59 45 44 43 42 57 56 55 58 5453 60 9.58 W"65'94°71NASSESSOR'S MAP CONTRA COSTA COUNTY,CALIF. BOOK PAGE098 59 590 2.36 N65°39'35"E 16.07 R=29 16.07 R=29 DRIFTWOOD DRIVE6.66 6.70 66.11(PRIVATE R/W) (PRIVATE R/W)(PRIVATE R/W)(PAE) (PAE)(PAE) 17' SSE 15' SSE99 BK 18 18 17 14 13 -mb- 25 35 25 25 (PRIVATE R/W) FM PG 13&18 7-3-17 N89°17'44"W 624.49 234 182.3767.768.16N89°17'44"W 109.40 51.41 156.68N00°42'16"E 248006 W"61'24°OON15 96.59 79.9727028 TO COUNTY ASSESSOR’S MAP CONTRA COSTA COUNTY,CALIF. BOOK PAGE99 21 1"=200’ 210 PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE INFORMATION NOTE: THIS MAP WAS PREPARED FOR ASSESSMENT DELINEATED HEREON. ASSESSOR’S PARCELS MAY NOT COMPLY WITH LOCAL LOT SPLIT OR BUILDING SITE ORDINANCES. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 EVORA RD WILL O W P A S S C T E V O R A C T 01 02 03 24 05 06 21 07 10 11 23 22 27 28 16 17 18 20 19 121,277SF 180,004SF 131,039SF "C" "A" FM PG 16 4/5/07 15 16 16 F-16 MAB 210 POR TRACT 8918 MB 497-6 (WILLOW PASS BUSINESS PARK) 10/23/06 35,438SF 55,237SF20’ ACCESS EASE2 0 ’ ACCES S EASE 40,871SF 72,449SF 37 ’ A C C E S S E A S E 21,998SF 34,432SF 21,181SF 47,068SF 29,630SF 34,214SF 30,155SF 20’ ACCESS EASE20’ A C C E S S E A S E 20’ ACCESS EASE70,382SF 2 0 ’ A C C E S S E A S E R O EA S T LI N E MO N T E D E L DI A B L O 97,106SFCOSTACONTRAC A N A L 20’ ACCESS EASE41,366SF N76^4 0 ’ 4 2 " W R= 5 7 8 221.43 127. 8 7 N41^11’52"E24 0 . 3 2 207.3 893.49 17 8 . 2 3 60 . 6 0 62. 0 2 N57^41’16"W 4.57 R=770 193.42 N 4 5 ^ 2 0 ’ 5 4 " W 18 7 . 8 8 R=20 14.56 R=1030 12.85N0^03’53"W14.95128.33N90^E 81.72 50.20 33. 1 1 158.87 S89^59’06"W TO PG 16 22128.331.50Ac 4.01Ac 124.28S06^18’59"EN 4 8 ^ 4 8 ’ 0 8 " E 3 2 2 . 1 7 15 6 . 9 8 318.53 15.14 36.457.7447.34 12.0257.25 25.45 N56^58 ’ 3 2 " E 2 5 1 . 9 3 2 7 4 . 8 8 1 9 3 . 8 1 N 3 9 ^ 3 3 ’ 0 5 " W 4 6 8 . 6 9 207.58 2 8 3 . 1 9 LLA 27,28 09/18/13 146.87 S80^00’37"W 50.09N27^57’53"W 243.45 ASSESSOR'S MAP CONTRA COSTA COUNTY,CALIF. BOOK PAGE116 10 75-11 100 100 11 12 07 08 09 01 16 17 03 38 37 04 05 43 44 41 42 24 29 33 39 40 46 48 45 47 27 10 72 74 75 "A" "B" "C""D" PCL "B"PCL "D" PCL "A"PCL "C" MYRTLE LAUREL 1.20AC. 1.17AC.1.53AC.1.05AC. .93Ac. .50Ac. .27Ac .28Ac. .46Ac. 1 1 1 21 2 2 2 14 9.93 25.5 158.30 5 6 7.9 7 7 1 7.9 0 460.25S44°39'30"W2°280.74 S38°15'E 100 566.20 68.26 25.00 S31°17'E 25 .44 28 .84 187 .10 100 .64 57 .62 31 .54 286 .00 225 .18 225 .11 112 .56 S28 °02 'E N26 °29 '43 "W 112 .55 29 .28 221.70S42°25'E .07AC..07AC.252588.00 149.00 12.5' PRIV.ACCESS EASE.10' EASE.10' EASE.29.75 101.89 101.89 212' N46°08'40"W 160121.25 N46°08'40"W 139.10 .94AC.80.0080.00127.00 108.30 N42°16'ES42°16'WN47°44'W 127 80.0080.00.46Ac. .48Ac.183.10N.D.118.22118.22212' N46°08'40"W N42°16'E.46Ac. .58Ac. .38Ac. 29.75 54.25 319.3999.1991.49106.07 212.14 N44°03'56"W S47°44'E 94.75 140.0140.0106.07 N43°51'20"EN43°51'20"E205.74130.0084.00 171.7425' PRIV. ACCESS EASE.N43°51'20"E373.48137.74513.39245.00268.39S42°16'W559.47N41°58'E557.5S44°40'45"W177.50 19.36TO COUNTY 1407-OR-235 6/29/49101.89 101.89 101.89 101.89 490.00 N47°44'W .457AC. .457AC.195.46195.46195.46101.89 101.89 267.50N46°8'40"W N43°51'20"E207.04207.04207.04.48AC .48AC.N46°08'40"W N46°08'40"W 139.10 108.30 N47°44'W .57AC.S43°51'20"W226.25226.25.82Ac.S43°51'20"W160'201.25427.50.50Ac. .51Ac.201.25139.10 108.30 25251"=100' 12/15/15 PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE INFORMATION NOTE: THIS MAP WAS PREPARED FOR ASSESSMENT DELINEATED HEREON. ASSESSOR'S PARCELS OR BUILDING SITE ORDINANCES. MAY NOT COMPLY WITH LOCAL LOT SPLIT AYERS RANCH SUBN MB 7-170 7/2/1912 8 7 6 5 43 2 152 51 54 55 56 57 58 53 .399Ac .380Ac .414Ac .724Ac .412Ac.565Ac. .497Ac .344Ac N73°08'04"W 84.25 N16°5 1'5 6"E N46°10'11"W 112.07 133.33 169(T)12.81 83.38 32.5420 L A U R E L P L A C E 50.49(T)48.66 45.48 N46°9'54"W 88.24 N73°8'4"W R=200 58.08 30.17 N46°9'54"W 282.56(T) 2 1 1. 11(T) 183.22(T)134.95(T)129.81(T)125.77(T)153.55(T)N43°50'05"EN5° 5 1' 4 3 "WN74°40'24"W 52.38R=1158.63 23 7.49 N16°5 1'5 6"E 3 6 3.3 6(T) 7 9.3 0 12 2.19 13 3.8 2 S46°9'54"E 67.32 28.05N16°51'56"E 151.07 125.77(T) N46°9'54"W 119.277N43°51'20"E 224119.27N43°50'05"E199.17(T)N43°50'05"EN43°50'05"E1- 2- 152PM11 153PM50 4/9/1991 8/21/1991TRACT 8769 MB 517-30 (LAUREL PLACE) 8/20/13A- 2013- A A A A A 67.32 DR DR PA UE 15158/771 7/30/15ROADWAY ASSESSOR’S MAP CONTRA COSTA COUNTY,CALIF. BOOK PAGE138 12 120 20 19 11 33120 10 13 1"=200’ Sanborn Date : 16/04/1999 PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE INFORMATION NOTE: THIS MAP WAS PREPARED FOR ASSESSMENT DELINEATED HEREON. ASSESSOR’S PARCELS MAY NOT COMPLY WITH LOCAL LOT SPLIT OR BUILDING SITE ORDINANCES. 19 18 17 16 05 06 07 08 1415 12 1109 LOT 7LOT 6LOT 5LOT 4LOT 3LOT 2LOT 1 LOT 15 LOT 14 LOT 13 LOT 12 LOT 11 LOT 10 LOT 9 LOT 8 N88^41’40"W316.53125.95 16.94 163 162.99 190 163 99.29 63.62 99.65 R=400 23.58 163 163 162.99 190 190 163 163 163 163 169.93 3090.07 90.07 250.92163163 190 51,626SF 43,475SF 43,365SF 50,543SF 43,357SF 43,353SF 67,792SF 4.125Ac 48,226SF 44,104SF 44,102SF 51,410SF 44,105SF 44,105SF 45,479SFROAD13NORTHGATEN26^24’10"W154.38 15.95 N18^34’40"WN1^18’20"E RESTRICTED DEVELOPMENT AREAN19^14’40"W RESTRICTED DEVELOPMENT AREA R=419.3271.13N1^18’20"E163 173.07 430.05 163 163 260 231.33 1503.67 380.39N1^18’20"E255.58270.58265.95265.98266.0270.58270.58270.58270.58270.58266.03266.08TRACT 8824 TR 8824 9/23/09 MB 7-153 5/6/1912MT DIABLO BLVD TRACT MB 509-21 (MERITAGE LANE) 6/24/2009 N88^41’09"W 191.7 179,686SF 83 MERITAGE LN N21^13’20"E 14.49 32348.531588.01(T) N88^41’40"W 209.26N1^18’20"EN1^18’20"EN67^58’12"E 59.90 N1^18’20"E ASSESSOR'S MAP CONTRA COSTA COUNTY,CALIF. BOOK PAGE140 22 100-8 RO SAN MIGUEL NO. 4 HILL LAND 40 P.M. 241-10-1-75 TRACT 65441986 ROLL-A-M.B. 291-22 172 P.M. 32-8-27-97 179 PB 25 20 21 14 23 220 ACCESS OFF OF MARSHALL DRIVE BK. 179 PG. 22 POR. LOT 2 TRACT 2079. 02 11 12 13 14 15 16 17 18 SCENIC EASE. (.86Ac) STRUCTURE SET BACK AREA (.77Ac) 25' ACCESS EASE. (.12Ac) SCENIC EASE. (.61Ac)TRAIL EASE.(.11Ac)(.04Ac)(.66Ac) 08 4.37Ac."A" "A" "B" 1 23 4 5 6 7.35Ac. 2.345Ac. 2.055Ac. 1.37Ac. 1.38Ac. .98Ac. 1.01Ac. .81Ac. .05Ac.(.17Ac.)DED. TO COUNTYA A A A A 2 2 1 1 1 1 2 2 04 ARBOLVIALACASAVIAMARSHALL DRI VETIERRAVERDE CT.(PVT. RD.) N27°30'E N.D.N72°42'35"W809.38225.25158.98 225780183.0 S50°EN48°08'52"W164.90(S28°01'25"W) 374.89165.0N29°49'13"E N38°34 '56"E 37 .50 331.39 N50°00'W158.15N29°49'13"E 248.22 N53°41'30"W187.96224.12 162.79N55°45'W176.91347.86 N28°16'22"E N26°28'34"E309.39 245.21 152.89200.29 314.2086.415.12 46.87 N61°43'38"W 36.62 196.67 182.64 60' 25.59 N49°23'12"W37.49N28°16'22"E S51°11'E70.14280.58 219.71N63°31'26"WN26°20'44"E 280.78 868.71 150.91 S50°36'E121.52R=51033.59242.63 25' R=900 244.25 41.44 R=400 82.29 N21°06'33"E 46.07 R=150 51.06 N40°36'48"E 20'N49°23'12"W225N26°19'20"E 868.71 .88Ac. 11-3-97 (5-71) 1" =1 0 0' PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE INFORMATION NOTE: THIS MAP WAS PREPARED FOR ASSESSMENT DELINEATED HEREON. ASSESSOR'S PARCELS OR BUILDING SITE ORDINANCES. MAY NOT COMPLY WITH LOCAL LOT SPLIT AREA DEVELOPMENT RESTRICTED (.91Ac) 2/1/18 220 ASSESSOR’S MAP CONTRA COSTA COUNTY,CALIF. BOOK PAGE148 48 PORS. TR2027 & TR2147, LAS JUNTAS ESTATES, RANCHO LAS JUNTAS LASJUNTASOAK ROAD OAK FREEWAY AVE. BUSKIRK D R . W A Y N E RD. 22 22 25 23 21 14 10 11 R=400 R=20 33.7 R = 1 8 2 N5^18’36"E 31’47’55292.8N89^7’16"WS0^52’44"W 271.53 S0^52’44"WN89^7’16"W281.0 10 0 ’ 89.02N43^40’18" W R=300 147.36113.05 N05^21’14"W N1^23’43"E S1^23’43"W 3.37 N.D.N.D. R=400 172.97 257.0 1 84.03 CODE LINE R=20 19.95 68.6R=1303 8 . 8 5 N 5 1 ^ 5 7 ’ 4 6 " E N 4 3 ^ 2 1 ’ 4 0 " E 80’ R = 1 0 4 0 1 5 6 . 1 3 90 . 3 3 R=90 84.42 7-29-98FM 148-20,22,23 480 1"=100’ PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE INFORMATION NOTE: THIS MAP WAS PREPARED FOR ASSESSMENT DELINEATED HEREON. ASSESSOR’S PARCELS MAY NOT COMPLY WITH LOCAL LOT SPLIT OR BUILDING SITE ORDINANCES.R=10721.6317 7 . 1 3 235.97 229.5 9 N.D.4.886Ac 624.89 14 11/16/09 MAP CORRECTION 2.25Ac .205Ac ASSESSOR'S MAP CONTRA COSTA COUNTY,CALIF. BOOK PAGE159 4 06 36 37 4647 45 03 02 040 100 BK 03 04 48 94 93 87 76 77 86 78 85 73 21 24 37 38 39 828191 72 71 19 CHICAGO PORT BATES32 25 24 12 3 456 7 8 9 10 11 12 "A" "B""C" "A""B" "C" 13 14 17 4 4 4 B 5 5 4 4 4 B B 1 1 1 1 2 2 2 2 3 BB 3 3 4 GOVERNMENT RANCH TRACT 7320 TRACT 7048 BK D-87 1- 2- 3- 4- 1320 425.39 361.06N21°09'15"W 7.72CODE LINE 890425.39 CODE LINE CODE LINER=1300 430 N84°14'10"W 77.71 .44Ac. To U.S.A 65347-54 U.S.A. 11060 OR 881 .76AC.R=112' SEE 159/45 172.06'202.69'N20°4'54"W 324.52' N69°55'6"E 21' (2.36Ac.)N2 5° 12'16"E701.96102.98'66 .62 5060 ' 189 .77 N3 °39 '24 "E N80°32'23"E473.89N79°23'53"W468.0N 10°34'16"E E. B. M. U. D.SE E PG. 3423 18 N 9°30' E (N 9°26'10"E )1011.426.96Ac.1379.52N 10°35'09"E (S9°32'39"E) 1285.27 1296.31 99011 448.295454'.09Ac "A" C.C.C.S.D. 15.252Ac.2,005.37'476.711002.94N79°58'04"EN10°30'W 1277.12 CODE LINE 11.0'N79°30'E344.57' N10°37'22"W332' N21°38'23"W 30' 360'360' N9°25'52"W 20C.C.C.S.D. 166 .64 '161.44' R=532' R=600 ' 151.8'170'340' 57.42'304.43'N75°38'51"E424.19' N20°4'54"W 387.48'COMMERCIAL CIRCLE 10.24' 181.91'N80°34'8"E425.24'R=932'R=1000' 163.01'162.32' N9°25'52"W 78'107.89'162.32'412.29L=31.42'R=20'N80°34'08"ER=20'L=31.42'438.83'11.0'N80°34'8"E410.1'174.25 295.08'174.25 174.25 335.62'N69°55'6"E400' 340' 319.74'378.49' S.D.E.(1.46Ac.)501.2' 113.74'231.41'N80°34'21"E244.23'N65°55'6"E 10' "A" R=30 51.56 S. E. COR. PCL. 23 84 OR 67 174.78 160.92451.19N18°58'35"W 11.19199.65237.85152.24 S68°50'45"W244.42S68°50'45"W249.99115.82 S68°50'45"WN68°50'45"E175.25 1.0Ac 58.46 249.99249.99174.25 174.25 1.0Ac10.18101046.7120 To COUNTY .011Ac.N68°50'45"E48.29 1"=400' N10°37'43"W TRACT 5624 M.B.235-24 2-26-80 76R=1538.05 S79°30'WSanborn Date : 12/15/1998 68.60 40.70NB.989Ac .964Ac .933Ac 577.90 FM. P.G. 44 & 45 10 11 R=20 N 10°35'38"E 491.531 7 0.9 8 67.96 R=132 261.48N84°57'33"W295.86 N80°34'8"E 838.8940.59 329.73 R = 116 191.87N55°27'33"W 417.48FROM PG 47 F-15 E-15 N 10°34'30"E449.2PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE INFORMATION NOTE: THIS MAP WAS PREPARED FOR ASSESSMENT DELINEATED HEREON. ASSESSOR'S PARCELS OR BUILDING SITE ORDINANCES. MAY NOT COMPLY WITH LOCAL LOT SPLIT 475.1241.36 229.28 449.72177.165- 5 5 "A" "B"N69°55'6"EN20°4'54"W N21°9'15"W S21°9'15"E S20°9'49"EN21°10'W N80°5'13"EA- B- DEAN LESHER DR R=20 17.12 R=166 33.0 261.10 N20°2'23"W 45.93R=45.93 112.48459.37188.07 R=234 536.84793.676.549Ac N84°58'1"WR=200R=234 102.43 45.4949.9 285.7 R=375R=307191.873 5 1.91 R=90 25.26 040 07/28/14 N20°19'49"W 569.50 95 11/8/1884 MB 336-26 (REVERSION TO ACREAGE) 8/18/1989 MB 353-13 (NORTH POINT BUSINESS PARK) 10/30/1990 6/7/72 6/14/74 12/28/77 3/30/76 12/18/00 55LSM8 57LSM9 60LSM34 63LSM46 180PM7 BP & C RR SNRR HWY TR 5882 9/13/88 MB 325-18 272.35 43.30Ac 733.0192.53 S9°54'47"E R=44.5 99.61 19.99 R=20 4.46 9.747Ac .07Ac 5.736Ac 7.74Ac 2.18Ac 5.0Ac AVE19.09 Ac 3.94Ac 5.65Ac 2.88Ac 3.43Ac 3.63Ac 3.22Ac 2.98Ac 95 2.385Ac 244.2368.61 327.96 10 250.02441.72 ASSESSOR'S MAP CONTRA COSTA COUNTY,CALIF. BOOK PAGE166 01 TRACT 6475 M.B. 303-46 13866/852 8-28-87 39 31-11 21 24 167 P B 32 02 25 010 365 P B "A" "B" "C" "D" 11 40 41 14 15 26 32 33 34 02 03 17 18 09 19 29 30 27 "A" 1.029Ac .856Ac "B" "C" .55Ac 5 52 5 5 4 5 5 5 1 1 .77Ac B 1 B "A" .50Ac .60Ac .61Ac "C" "B" 3 B 3 3 B 3 ROAD N54°48'15"E N46°44'24"E186.25108.97N33°40'E78.0013 9.3 6 10 6.68 16 40.69111.16 N27°3 3'34"W59.04117.23 N56°17'45"E 24 1 .69 N34°44'50"WN34°44'50" W163.75 S35°25'40"E203.78 N35°25'40" W 101.33 77.3869.14 S3 2°4 0'50"E T O C.C.C0. DEV. RIGHTS TO C.C. Co R=52087.05 39.1064.99S59°36'30"W 1.59 387.1481.51268.94 N74°53'35"E 29.96 N39°57'38"WR=420188.56254.24 N54°23'55"E N33°0'53"WN33°12'34"W293.50 (.27Ac.) (.04Ac) (.30Ac.)(.14Ac.)148.82322.98 N36°54'32" W 261.43N57°26'19" W N57°32'06"E 7 4.19 151.37 267N50°33'E N54°25'32"E 115.00 165.47 R=500 4 9 .31 129.69N44°54'ER=200256.5690.12R=97 5.74 193.91 126.68 182.58N8°28'42"E309.12 N66°46'15"E N65°14'02"E217.64 12 1.7N47 ° 39'5 5 "W145.06 10 0 51.86 N73°25'35"W 11 2.2 4 31N2 1° 5'14"W168.82 N88°30'48"W 143.53 N88°42'42"EN0°56'53"WCODE LINE15 2.61 R=53 0 2 5 5 .6 2R= 5 0 0 .37Ac69.2910 55 43.86 A A 453.44 N88°36'38"W N50°50'15" W N40°08'37"E- 277.55160.24N25°41'20"ER=190119.36PARCEL "A" 10.91Ac R=13 517 6. 6 5R=9 5 115.91R =4 0 5113.16R=45'64.29409.51N7°51'11"E456.31 491' (966.55) 8 5 0 . 6 5N1 3 ° 3 6' 1 0 "W2.89Ac ( 8 9 3. 7 2 ) N2 7°0 1'08"W250.48 N28 °05 '33 "E 36 .19 A A 427.40 N88°36'38"W POR. LOT 1 A R O. L AS J U N T AS R O. C A N A D A DE L H A MB RE (Southern Part) VALLEY RELIEZRANCHO LAS JUNTAS RANCHO CANADA DEL HAMBRE 29P.M. 141-1974 7-31-73 2-75P.M.26 & 27 4-4-79 3-112 P.M. 7 9-20-84 4-2-10-86 5-80L.S.M.3 6-9-86 TRACT 6475A-1987 ROLL M.B. 303-46"HASLEMERE" CONDO. SLOPE DED. TO COUNTY A ( S 1 5 °E) 121 P.M. 7&8 R =100 DE V. RI G HTS 55.78 (S81°32'15"E) 1"=200' LC 25.00 EASE.(.12A c) (.12Ac)(.08Ac)N38°35'07" W 42 TRACT 6844 08-28-02 B-2003 ROLL POR TRACT 6844 M.B. 446-33 B B 14 13 11 4 5 2 .1 1N1 7 ° 5 9'3 6 "W98.4 81.8R=6088.6 68 R=145 158.74 N76°17'29"W40 R=43206.06N23°17'32"EN33°4'23"WR=58046.16 21.53 MB 446-33133.21R=58025.8687.2582.57 .66Ac .66Ac 230.32R=320.00169.81125.19N41°54'24"W121.17 79.97 N4 7 ° 0 6' 5 5 "W18.23 N79°39'43"W 62.65N47° 06'55 "W14 8. 6 PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE INFORMATION NOTE: THIS MAP WAS PREPARED FOR ASSESSMENT DELINEATED HEREON. ASSESSOR'S PARCELS OR BUILDING SITE ORDINANCES. MAY NOT COMPLY WITH LOCAL LOT SPLIT RE LIE Z V AL L E Y RD AR B OR VI E W L N1 2 3 4 5 6 7 8 9 42 43 .421Ac .328Ac .524Ac .90Ac .85Ac .698Ac 1.153Ac .567Ac .509Ac N28°0 4'5 4"WN32°28'01"W 387.41 S55°42'26"W N55°25'08"EN43°09'19"W137.77 43.22 113.03 135.43S 2 2 ° 2 8'3 9" E 7 1.5 1 1 5 7.1 3 108.1255.74 91.32 102.28 138.06 R=36.50 33.0255.69 52.84 R=3973.22 143.67 59.82N22°03'47"E 347.62(T)142.07145.7252.07 S60°47'46"E137.97(T) S 66 °43'5 1 "E 1 8 0 .0 5 (T )184.87(T) N76°33'14"E N34°15'30"WCODE LINE N 61°51'42"W1 52.05268 .10 (T )S 65 °07' 57 "E56.92N42°56'28"E150.34235.5431.2866.07R=180117.71R=75.9963.1247.3726.22 R=165 24.14 S19°14'53"E C C C C C C C-2015 ROLL TRACT 9174 M.B. 520-1 (ARBOR VIEW ESTATES) 4/18/14 44 45 46 47 48 49 50 326.78 .73Ac 5.720Ac 1.12Ac 1.29Ac 1.35Ac N58°57'30"E 422.80 47.00 .591Ac 17.94Ac 17.94AcN17° 2 3'"W 1 6 0.0 4 S65°00'W 22.60 S14°29'40"W 46.94 S3°51'E 53.91 S40°59'E 44.02 N77°13'38"W 947.31 N10°00'07"E 455.60N12°13'04"E 829.62N12°8'51"E 829.70B 40 .07 N07°34'45"E 334.42(T)N65°21'55"E 190.1813 8.6 0 N23°17'32"E 208.5010 9 8 N4°29'55"E 458.7519.24 38 6.81 42.6 56 34 36 N89 °33 '51"E 27 .35 38.61 110.59 S44°38'50"E 7.288Ac 57 "B" 15 58 .633Ac 12 N85°17'59"E 177.77 165 S 46°28'41"W67.44 148.15N 62°11'39"W 525.06(T) 1 4 3.0 5 S 2 2 ° 3 5'1 2 " E S2°28'30"W359.14107.60S14°26'32"ER=101 34.11 77.09 1 9 0 . 0 8 (T) 24.74 "A" SCENIC EASEM ENT EASEMENT SCENIC EASEMENT SCENIC ACCESS 28 EASEACCESS EASE 56-58 12/14/17 ASSESSOR'S MAP CONTRA COSTA COUNTY,CALIF. BOOK PAGE180 13 17 12 12 12 37 15 131 131 11 182 09 182 08 182 NORRIS ADD'N TO WALNUT HEIGHTS TRACT 2621 TRACT 3121 A- B- C- M.B. 7-174 (POLLY ACRES) M.B. 70-13 M.B.93-46 HUNTINGTONWAYVALLECITO LANE MOUNTAINVIEWMYNAHNATOMAP ALMERGREEN OAKS A A C A A C C A A B B B A CC A C B 36 05 06 07 14 15 02 10 16 12 13 17 03 21 22 23 24 2526 27 28 2930 31 34 35 1 2 3 4 5 6 7 8 9 1 2 3 4 5 6 7 8 9 19 18 .95Ac. .69Ac. .33Ac. .33Ac. .355Ac. .355Ac. N57°36'04"W N58°33'W 25'100.95155.0 100200.0359.82 179.82198.3310.4N57°36'04"WN12°41'50"W N28°57'10"E104.77S57°57'04"E N32°02'56"E100155 100155 102.89 125.21 25201.10(R)70.25R=150185.3566.88 132.68 48.2272.1176.3612078.98125125.21119.50119.50269.75N31°06'ES32°02'56"WN57°57'04"W N32°02'56"EN32°02'56"EN32°02'56"E100.2531.4231.42R=20 R=20 30'25'50' 105105.21 438.07 100 31.42R=2096120.25100.2578.20 225.0 92.96 35 211.45443.51443.3518018.24 (R) 84.14 R=42 45.0117.5 R=28 R=28 25.11 32.99 61.84 147.41R=100113.35N20°50'40"WN57°51'04"W N88°09'46"W N58°48'W 156.11 OLD LOT COR.N32°02'56"EN32°02'56"EN 34°32'30"W N70°31'04"W 61.9945N57°57'04"W N58°54'W 20079150 150 20015077100 116N32°02'56"EN31°06'EN31°06'EN57°57'04"W N57°57'04"W N57°57'04"W 7.14 25150 25S58°54'E 92.96 2530400.0 100 N57°57'04"W 100 41.72 37.42 R=40 120.97 25'200 100 150150183.1713 8.54 22 5.01 50'31.42R=20122.6727.67 S24°13'W S33°48'40"WN32°02'56"EN68°26'56"EN68°46'E215.4770.48R=20 31.42 101.60 25.339.66 R =20 86.47N21°33'04"W33.1714 3.67 81.32159.98N68°26'56"EN29°16'21" W N48°08 '27"W 103 .81 172 .41 123.1880 147.64 67.64 N72°08'E S63°56'45"W396.91 N31°30'11"E81.2250.08 165.10 400.0 (R)140.191 0 6 N57°52'04"W N5° 5 7'4 0 " E N12°44'E40' 59.79 R=42 4 5.8 1 17.45 N58°27'04"W N61°29'37"E19.39 R =2 0 58.97 OLD LOT COR. 3-31-77 E. F. H. 1"=100' Sanborn Date : 26/03/1999 .425Ac 181.32 83 .23 163.39S68°26'56"WN58°27'4"W (N59°26'45"W) 7/25/17 PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE INFORMATION NOTE: THIS MAP WAS PREPARED FOR ASSESSMENT DELINEATED HEREON. ASSESSOR'S PARCELS OR BUILDING SITE ORDINANCES. MAY NOT COMPLY WITH LOCAL LOT SPLIT A 192 .99 188.61 DEV AREA RESTRICTED PAE 358.441-212PM7 1-5-17 1 1 1 197.10N31°58'3"E18.78 "B""A"BLVD37 .423Ac 36,37 CT PARROTCTCTRDCT ASSESSOR’S MAP CONTRA COSTA COUNTY,CALIF. BOOK PAGE184 10 GOODMAN TRACT 09 11 19 21 08 100OLYMPIC STATE52 30 28R=135827.30 136.30 S77^51’W N37^03’22"E174.531 2 N59^30’WN35^53’ES32^14’WS6 3 ^ 0 3 ’ 5 2 " E N6 3 ^ 0 3 ’ 5 2 "W225.55’225.831 6 3 . 8 4 ’308.32304.3311 8 . 9 2 6 2 . 0 226.39N35^43’47N 4 1 ^ 4 5 ’ W 8 0 . 1 6 ’ 29.68 S76^54’ 0 8 " E 136.2372 . 7 4 S 6 3 ^ 03 ’ 5 2 "E 31 1"=100’ CODE L I N E PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE INFORMATION NOTE: THIS MAP WAS PREPARED FOR ASSESSMENT DELINEATED HEREON. ASSESSOR’S PARCELS MAY NOT COMPLY WITH LOCAL LOT SPLIT OR BUILDING SITE ORDINANCES. 100305.011 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 N 4 5 ^ 4 1 ’ 3 6 " WN53^23’23"W105.77N35^35’E134.7429.2487.79 105.5541 . 5 7 R = 56 .50 38.41 3 8 . 6 2 4 0 . 1 3 1 1 7 . 4 7 101.76 N39^4 5’ E 1 8 9. 0 4 92.4 3 182.12 62 . 8 4 32 . 5 6 6 7 . 4 2 4 0 5 2 . 4 6 7 4 . 2 1 4 0 76.17 7 4 . 0 5 14 5 . 9 6 63. 0 1 18. 9 6 138.48 26.7034 35 36 49 48 47 46 44 43 42 4140 39 38 37 6,217SF 4,343SF 6,971SF 7,578SF 5,083SF 7,514SF 8,061SF 8,090SF 6,787SF 7,864SF 7,187SF 11,496SF 13,993SF 13,573SF 7,349SF 9,129SF 57.3139.3 0 N66^41 ’ E 1 7 4 . 9 6 51.56 37.69 67.82 R=229 . 5 1 41 . 1 6 N 3 2 ’ 0 5 ’ 5 8 "W 1 4 6 . 7 9 1 6 9 . 4 1 A A A A A TRACT 8939 40 71 .5724.3621.43 19.96 29.50 30.66 PM46 FM 20-38, 49-10 12/16/63PAULSON LNA A U MT TRAIL L NN2 8 ^ 2 3 ’ 1 3 "W A N44^18’24"E 2 6 . 7 018.59N2 8 ^ 5 7 ’ 1 4 "W 1 5 3 . 6 8N2 8 ^ 5 7 ’ 1 4 "WN23^02 ’46 "W175.73180.65N43^37’39"E183.35N43^37’39"E N18^55’30"E220.1318.24N80^37’ W 1 2 0 . 0 4.71 N 4 1 ^ 4 5 ’ W 2 0 0 . 9 3 N2^48’23"W225.6217.90 10.0 39.39 12.6 N 4 1 ^ 5 6 ’ W 1 6 2 . 9 1 N61^36 ’ 4 7 " E 86.37 N61^36 ’ 4 7 " E N61^36 ’ 4 7 " E N61^36 ’ 4 7 " E N2 7 ^ 5 7 ’ 4 0 "W 1.07 6.26 N32^45’40"W 32.50 N64^26’18"W 269.451.847Ac PCL 51 4 5 . 6 8 54.43 1.48 30 . 1 8 MOST ELY COR PAULSONLNU N 50 51 53 "A" "B" "C" "D"26.8259.6467.9235.621 1 1 N32^25’15"E230.39N33^58’01"EN03^18’35"EN52^37 ’ 3 6 " EN34^14’46"EN34^02’42"E 21.98 34.0524.12 79.13N27^45’54"E166.8853.859 8 . 3 0 5 9 . 9 6 8 3 . 4 214. 8 8 11 . 6 4 1-71.9745 202 12/15/08 MB 506-1 10/19/2007 6/16/2008202PM46 MB 16-354 7/1/1918 A- N71^17’ 1 9 " E 50.51 40.79 101.19N32^58’46"E34.29R=40 34.96 45. 4 8 R= 3 0 0 N64 ^ 1 0 ’ 5 9 "W 5.91 44.89N62^38’04 "W N6 5 ^ 1 0 ’ 5 6 "W25.2578.29R=61 .520Ac .322Ac .378Ac .409Ac77.9123.28R=78 3 2 . 2 6 190 .0N37^15’44"EN/ L C R E E K S E T B A C K FREEWAY 680N55^33’45"W23.83BLVDR=1358R=1651.49318.02.94Ac ASSESSOR’S MAP CONTRA COSTA COUNTY,CALIF. BOOK PAGE184 45 FLORALAND TRACT BOULEVARDW A Y BOULEVARD WAY K I N N E Y WARREN185 P.B. 13 15 1-31-64 25 24 20 21 2223 11 36 38 10 08 09 25 31 26 344.76 N.D . S1^34’42"W 18.95 72.46N88^25’18"ES53^34’18"E107.07N.D . N . D . 96 . 2 5 ’422.74N34^43’W47 . 8 9 ’N76^52’E58.94’40’167.23’108.29177.93’ N1^33’W 23 4 . 4 7 ’ N 4 8 ^ 3 8 ’ E S1^38’E 155.64’128.62’106.3’192.16’ S1^38’E 106.3’85.86’N76^52’EN1^33’W 177.93’ 128.62’ 30 85.7’108.29’58.94’N76^52’E324.36N0^01’20"E 195.24 30.24112.2’20.63’73.47’N89^55’E119.37’ S1^33’E 169.47’ 184.53’ 100’84.53’80’S88^27’W73.47’103.71’75’113’ 1"=100’ PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE INFORMATION NOTE: THIS MAP WAS PREPARED FOR ASSESSMENT DELINEATED HEREON. ASSESSOR’S PARCELS MAY NOT COMPLY WITH LOCAL LOT SPLIT OR BUILDING SITE ORDINANCES. WHITE HORSE N0^0’40"E N88^24’55"W(N89^55’E)140 N0^7’5"E 80N88^24’55"W63 48 01 185 P.B. MB 10-241 35N88^24’55"WN88^20’40"W80.03127.77N0^11’20"E 135.56 164.8381.64130.35 117.24N0^11’20"E "A" "B" 1 1 1 1 1-193PM4 4/26/05 N0^11’20"E N78^41’9"E 211 .9941.06106104.07 26.58 3 4 . 9 5 N-13 450 9/20/12 FM 49-20,21 207 PM26 .615Ac 1.513Ac .30Ac .30Ac .24Ac 30 20.44Ac .27Ac .232Ac 30.62 30.62 .44Ac .25Ac .30Ac211.99ACCESS EASE"A"247.82 2 2 2 2 2 2 2-5/30/12207PM26 290.7569 . 2 5 14 7 . 8 4 CTN78^39’7"EN1^33’W N0^11’20"E 49.31 N78^43’24"E133.21’S0^5’48"E S 5 0 ^ 1 5 ’ 5 5 " W (S 5 0 ^ 1 1 ’ 4 0 " W ) 48 2 . 8 8 T 97.44 PVT STSARANAP AVE D R RD39 40 CODE LINE CODE LINE 221.24 327.99 .718Ac 1.49Ac .919Ac 590 PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE INFORMATION NOTE: THIS MAP WAS PREPARED FOR ASSESSMENT DELINEATED HEREON. ASSESSOR'S PARCELS OR BUILDING SITE ORDINANCES. MAY NOT COMPLY WITH LOCAL LOT SPLIT 39.03.610Ac "B" "C" "A" .298Ac .301Ac BLVDW ESTBOROUGH LN N3 0 ° 2 0'3 8 " E 185.01' 26.5 5 2' 4 3.5 18 14.5 90' 40.55 39.5 18 142.34 4 3.5 8 1 4.5 72.25 18.14 12 8.9 1 13.93 17.5 2 1' 239.67' N59°39'22"E 46.9739.87.9 2 4 8. 7 7 1 4.5 1 7.5 30 . 63 30.63R=19.5R = 19 .5 118.55 N59°39'22"E N59°39'22"E 01 02 03 04 05 06 07 08 09 10 11 12 13 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 2 5 0 TI CEVALLEY31 189 P.B. 2018 ROLL-TRACT 9376 M.B. 528-1 (WESTBOROUGH) FM. PG. 31 06-16-17 ASSESSOR'S MAP CONTRA COSTA COUNTY,CALIF. BOOK PAGE184 59 1"=50' N59°39'22"E R=558.042 1. 4 1 2 2 . 7 5N18°51'38"WN18°51'38"WN3 0 ° 2 0'3 8 " E 14.5 14.5 R=90.5 N59°39'22"E N59°39'22"E 7/6/16518 CONDO PLAN 16132/ ASSESSOR'S MAP CONTRA COSTA COUNTY,CALIF. BOOK PAGE187 18 RANCHO SAN RAMON N.•SEC. 12 T.1S., R.2W., M.D.B.&M. TRACT 6859 133 P.M. 17 159 P.M.38 1- A-1988 ROLL- 2- 3- M.B. 316-30 5-11-88 9-18-92 RECORD OF SURVEY 34 L.S.M.45 6-2-65 RD. WILSONSEC. 12RANCHO SAN RAMONLIVORNA 180 192 P.B. 32 19 33 08 22 29 30 23 25 24 06 26 27 28 03 04 19 32 16 20 .50Ac. .67Ac. .54Ac. .486Ac.(T) .560Ac. .537Ac. "A" "B" .476Ac. .84Ac. "C" .48Ac. .57Ac. 0.51Ac. "A" "B"0.49Ac. .62Ac. .60Ac. .63Ac. 1 2 3 4 5 10'PVT.ST'RM DRAIN ESMT. 145'150'N2°26'18"W 145.00 25.00150'N89°43'18"W240.00N89°43'18"W166.05 N37°13'24"W 100.00N04°33'14"E 131.00 100.00N89°43'18"W10.00 N23°05'41"W 47.00 230.00 N5°04'58"E 261.08 1 4 9 . 6 1 1 3 9 . 6 1N6 6 ° 5 3' 3 5 "E31.08 N81°45'48"W40'80.80 25'R=220'112.47193.2725'RDWY. & UTIL. EASE.67.74'87.42' R=140' (.098Ac.)EASE.78.19' 86 .34 ' R= 97'28.03S12°30'E 135'49.31'85.43R=16372.33'R=138 '25124.61 R=81.81 125' N2°26'18"W 264.58 114.58 45.75 145'N87°33'42"EN0°40'42"E S0°09'E 85'22' 20.46' 19.00 S12°14'E 246.97' 222.28 40'22.3754.79' S6°25'E 105.73'26.46209.94' 86.29 25'25' 1 9 4 . 7 6' R=45 8 23 1.70 37.43 25.25 173.96 N28°20'W S6 9 ° 4 0'W2 8 4. 2 7' 1 5 4 . 8 3 .16Ac.37.13R=16.31 50' 79.76'S36°27'30"W164.72 R=155 194.51' R=130' R=106.81' 162.69' 22.99116.11S74°15'50"WN7°34'W 164.47'85.29N82°01'45"W25'S77°17'50"ES1°06'55"E 160.3'111.00167.99'50.63 N10°06'49"W 25.2488.58N87°58'38"E146 .00 N 14 ° 23'34 "E148.29N 22°28'46"E83.14N88°28'42"E158.96272.78288.16205.02187.99N 22°45'37"E75.00N75°36'26"W170.14236.78'406.54(T)257.28'45.00N87°58'38"E35'22.50 S2°26'18"E 203.07N88°28'42"ELAVEROCK 3 3 3 3 3 A A 2 A 2 2 1 1 1 .17Ac. 10-27-641"=100' 2 15' POLE LINE 25' PRIV. ACCESS & UTIL. EASE. PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE INFORMATION NOTE: THIS MAP WAS PREPARED FOR ASSESSMENT DELINEATED HEREON. ASSESSOR'S PARCELS OR BUILDING SITE ORDINANCES. MAY NOT COMPLY WITH LOCAL LOT SPLIT 31 "A" "B" "A" "B" 86 .34 ' N05°34'34"W 86.64 155.74N72°39'0"E168.818710' .472Ac. .675Ac.P.A. & U.E.4-210 P.M.38 2-16-16 4 4 4 4 RDLN 151.78 8/2/16 210 180 PM38 ASSESSOR’S MAP CONTRA COSTA COUNTY,CALIF. BOOK PAGE187 23 14 14 14 14 2 2 6 6 1 1 12 14 114 1414 1414 47 7 4 4 4 3 3 3 33 39 9129111211 12 912 138138 8 1010 8 10 13 11 1310 13 1120’20’278’ 285.94’ 151.5’126.50’158.96158.96140.96EAST140.96151.50’ 126.5 399.46N01^00’ECOURT"A""B"18 31 EAST140.10’140.0149.35 151.50’ 18’10278.0 S01^00’W S01^00’W S88^27’43"E122.10SAMANTHA"B" "B" "A" 26 29 32 C 10’ SEWER R/WL "A""B" "B"142.77140.17149.33 128.63 48’147.92EAST27 28 APPALUSAN32^3 2 ’ 1 0 " W N1^33’32"E 110.7025 211.92 236.92112.10175’187.67 23 30 "D" 226.5 6WEST100.0’40.0 187.67’ 302.78 222.76’ N2^32’27"E LIVORNA .49Ac.110.70110.7025 25 211.92 211.92 110.70110.70112.10236.92198.74’108.48’ S1^W243’243’269.24NORTH N88^27’56"W"A" "B" "C" 20 21 22 232 211.96 106.5710 125 N1^E 108.48’ 125 2020202020100 (.04) HEIGHTS 108.48’ 100 (.04)2010 NORTH 12 33 EAST227.71’149.1’128’N89^13’WS0^09’W 72.62’17.05’113.24 S5^31’E S5^31’E 452’ 567.6 R=542108.6127’ 25’111’25’112.5’44 40’ 84’LIVORNASW COR. LOT 1SEC. 727’ 34 1415 .541Ac. 115.39’ S19^58 ’ 0 6 " E 119.99 435.43’206.67105.60315.93 118.54 135’N88^28’53"WN88^28’53"WS87^28’53"EN2^01’07"E S0^30’W 13 "C""B" "A"205.60120’191.19 245 185.90 104.11N.D.103.5’N89^WN1^ES89^ES2^37’07"W S84^34’02"E068520 20.02 1039.98 259.34’ 245’20’20’R=120 67.02 120’S88^28’53"EN2^31’07"E210234.755 38.72 80.71 104.3982.11 R=180N88^28’53"WN2^31’7"E N26^2 0 ’ 4 " W S37^41’ 1 1 " E 32.11 N2^31’7"E364.35391.19’"A" "B" 32 33 25’ 242.78 214.55 89.59120.28N1^31’07"E N1^31’07"E N84^34’02"W27 "C"SLOPE EASE.201.7’207.7120’ 11 127.53 100 110.1412020227.5’ 241.87’ N2^31’07"E WESTN1^E 100 210360.38152.60"A" 34 16 100 "B" 99.99 NORTH 100120115 180.70156.89157.05WEST178.69155.70EAST125 110.02 26.7410 14.98 2599.26EAST8 4 . 8 6 S 6 2 ^ 0 2 ’W 109.83 10 231 "A""B" 21 EAST174.26174.26WEST200200200.50Ac. 10 28 14 A A B "C" "A""B" N01^32’10"E 101.39 100.68 N88^23’WN88^21’31"W348.48250.3561.67 171.60 N2^30’33"E 29 30 23 12 3 6 .0167.65’32.9235.00’WEST40.01’17.8530.95 S30^WN30^00’ES76^57’EN.D.EAST29 30 24 45 25 7-19-79 232 TRACT 4982 8-23-78 MB 216-29 6- 44LSM30 7- 8- 9-13- 14- 12- 11-1"=100’ 1 6 7 12231 PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE INFORMATION NOTE: THIS MAP WAS PREPARED FOR ASSESSMENT DELINEATED HEREON. ASSESSOR’S PARCELS MAY NOT COMPLY WITH LOCAL LOT SPLIT OR BUILDING SITE ORDINANCES. 35 192.10189.88127.51 N01^31’07"E165.50165.50S85^25’E15-205PM48 15 15 1515 127.51 PSD E A S E 5’ SEC 6 & 7 T1S R1W MDB&M 39LSM28 1/9/1966 5PM42 12/12/1968 10/1/1968 3PM22 6PM27 59PM3 48PM43 32PM10 10/28/1977 1/25/1974 10/1/1976 83PM37 115PM3410- 1/8/1980 4/30/1985 ND 2- 3- 4- 4/22/1968 5PM21 9/11/1968 18PM2 8/25/1971 8/25/19 12/23/2010 205 PM48 1/31/11 39.98 N7^00’W .565Ac .673Ac .779Ac .475Ac .87Ac .83Ac 4.23AC .484Ac 1.15Ac .62Ac .48Ac.559Ac .442Ac N2^31’07"E RD20’ ACCESS EASEN88^28’53"WN88^28’53"WRD.48Ac .48Ac .469Ac .49Ac .462Ac .602Ac .602Ac .587Ac .48Ac 1.198Ac .48Ac 1.44Ac .609Ac .60Ac .55Ac .571Ac 1.35Ac 1.01Ac .66Ac .455Ac DR192 PB 140.10 ASSESSOR'S MAP CONTRA COSTA COUNTY,CALIF. BOOK PAGE188 23 48-11 24 2122 4344 232 231 232 183 P B 184 P B WALNUT CREEK PARK 1- 2- 3- 4 44 3 1 1 3 3 3 2 2 2 SOUTH MAIN ST ROADCREEKS IDE DR .CRESTCREST JOURNEYSEND13 14 15 12 02 17 05 06 27 19 18 13 12 11 30 03 02 04050623 28 29 3738 35 36 20 22 09 10 11 "D" "C" "B""A" "B" "A" "C" 28 27 26 "A" "D" "C" "B"29"D" "C" "B" 25 "A" 16 TRACT 3320 7-24-68 TRACT 3096 435.1485.7N65°48'EN14°44'W 497.6 138N75°16'E117.81R=75 2020216.12 15516285 97 162162S75°16'WS75°16'WN75°16'E163.98124.76 N14°44'W 20.24 114.16 134.78 S14°44'W 103.38 216.12 93.12 S14°44'E 775S72°16'W75.9076(.04Ac.)(.04Ac.)(.02Ac.)92.64209.94R=365R=38581 . 2 0 32 . 62 142.8567.35S 7 °42'W 48 .58 S14°42'E 101.95 S10°45'27"E 65.63 85 N17°53'W 34.8740.6967.91 112.12 S18°21'E 179.94 16.522.10136.72S14°44'E 215.6 97 99.36 167.89N66°20'EN66°20'E479.9910.86 S75°59'30"W114.37N26°11'30"W16.15507.5786.51 N10°53'W 187.36S80°55'W2071.01 N42°59'W 229.965.55S19°0'30"E 133.05 144.33040.4431.48N76°45'30"ES76°45'30"W130.91169.80 S39°09'30"W N85°54'33"WS84°07'06"E100 75 N10°11'30"W 229.23119.69150'40.68130.3420 20 10' 172.38 182.48 70.2116.80R=73 15.565050R=260'20'71.38 30 59.845N78°22'11"WN13°43'24"W 52.54 N15°46'35"W 22.92 N18°29'34"W 68.21 N17°29'31"W 13.37 25.65 19S49°03'E S74°14'20"W123.98123.7193.05 198.92 S40°49'30"E S39°28'34"E132.84N67°16'20"E83' N12°21'41"W 81.8058.82N40°57'W14.53N40°57'E115S34°06'24"E 144.17 115135.51R=749.2 153.4 N41°58'04"E201.75S73°35'W204.19N74°55'36"ES56°03'34"E99.64191.19218.11S73°35'WN18°00'30"W 37.60 N31°11'46"E 120.77 68.7N22°31'28"W 44.8622.98 S8°49'52"E S12°03'21"E19.5434.49N79°10'49"E 22.12 50 50 N23°55'W To STATE 45796 8-14-57To STATE 3768 R=716.20 58.48 46.2088.98 R=1220 10.18 74.78 85.16 116.34 N8°49'52"W To STATE 2-5-57 7124 R=10 14.23 R=1220 119.19137.67 R=683.25 84.5564.711093.4718.19 1-21-67 263.23N75°16'E369.7137.77N82°45'16"E115.3030 R=736.35 107.85 204.45206.4 R=1220.09 R=1017.81 28.70.10Ac. 5-22-57 To STATE 29461 43808 .02Ac. 8-5-57 N23° 45'E15 5 120N34°30'W 53.69 104.21100' TO STATE 29461 5-22-57 .10AC.N79°22'E102.49' N09°19'19"W100'100'100.01'80.96' 100.96' 30 N80°40'41"EN80°40'41"E100.07100' 102.49' ARBOL GRDE.N80°40'41"E129.69'172.78'193.96N81°13'41"E83' 104.34'N40°40'27"W 49.99R=10'18.24'68.171 2 0 N42°15'19"W 75.31'9.6617.83 R=1170' N35°22'12"W S35°55'30"E 195.9'N65°44'WS33°51'W 119.04 142.351 3 0 12.80S76°24'40"W182.23264.07S35°20'E 25' R/W 17.01N.D.N5°39'28"W To STATE 1"=100' PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE INFORMATION NOTE: THIS MAP WAS PREPARED FOR ASSESSMENT DELINEATED HEREON. ASSESSOR'S PARCELS OR BUILDING SITE ORDINANCES. MAY NOT COMPLY WITH LOCAL LOT SPLIT S12°3'21"E 18 "A" "B" .88Ac .552Ac93.30 111.23N81°0'26"W51.84N81°0'26"W30.0N34°18'24"W 104.42 1 0 4 .7 4N5 4 ° 5 3'1 7 " E 5 5 5 5 5 5 4- 5- N35°17'6"W 5 7. 8 5R= 7 5 6 2. 8 1 N 8°59'34"E S 8°9'W 83.188.0 3 1 7 5 . 5 1 2 0 5 .3 5 N5 4 ° 5 1'2" E N9°19'19"W N35°49'52'W 192.38 MB 4-84 2/7/1911 CASTLE HILL231 47PM1 7/20/1976 8/27/1976 49PM19 81PM34 205PM33 8/20/1010 10/1/1979 10/20/1976 47PM31 .06Ac .026Ac .65Ac .46Ac .55Ac .44Ac .34Ac .49Ac .62Ac .22Ac .26Ac .28Ac .23Ac.26Ac MB 122-5 5.198Ac WOP .77Ac .66Ac .47Ac .84Ac 1 7 6 .0 N34°18'10"E53.32N7°26'20"W N79°29'20"WSTA "A" MB 92-47 8.80Ac 5-17-63 (S P R R) .48Ac .47Ac .24Ac .46Ac .18Ac .713Ac .416Ac .741Ac .31Ac .37Ac .31Ac .30Ac .61Ac .715Ac .30Ac .484Ac AVE 212 PM31 DANV ILLE BLVD AVED R IV EW AY EAS E R= 7 1.3 7 EASE SEWER 5' PAUE PAUE "C" 6-212PM31 6/27/17 6 6 6S66°52'30"W6 6 6 6 6 101.98 133.14(T) 109.92 55.59 6 "B" .512Ac .767Ac 108.49 242.62 120.8266.53165.66 N15°45'40"W S74°14'20"W156.5396.03N49°10'30"E8/28/17 42 43 44 74.77 ASSESSOR'S MAP CONTRA COSTA COUNTY,CALIF. BOOK PAGE192 24 STATE 2795 OR 247 NW COR. 661 OR 303 N86°19'E N52°27'E N57°36'15"E S67°47'37"W S74°04'02"W N69°54'E NE COR. 853 OR 276SE COR. 429 D 205S67°47'37"W 21.33 R=542 150.96 302.65 R=50 97 .532525 218.34R=2256 0.54N11°09'30"W77.42118.45N.D.N78°50'30"E N78°24'30"E 299.33 N.D.119.82N78°24'30"E 300 181.9400.12155155300 N11°35'30"WN11°35'30"WS78°24'30"W 194.91336.69304 .45 S81°26 'E 15 .11 (12 L.S.M. 12) 108 .88 N74°45'E 90.73 110.00 E.In. 792 OR 190S15°08'E2525R=43.8581.49N3 1° 3 7'W6. 4 456.65R=100S0°16'W19.924 9.7 6R= 5 0 1 7. 8 4S5 6 ° 4 5'W2546.83 153.81 2 7 . 8 679.12R=125S13°45'W150.4492.4031.0576.6760.18184.06 185.02 (.25Ac.) (.21Ac.)50' R/W( 12 L.S.M.12) (.18Ac.)SE COR. 1.173 Ac. PAR.816 OR 115(.23Ac.)(.064Ac.)(.09Ac.)(12 L.S.M.12)259.33(.05Ac.) LN.LAVEROCK N86°30'W 263.45 N79°31'24 "W 139 .57 20.0 S78°24'30"W 169.42 189.421764-OR-206 (.07Ac.)N13°14'44"W106.86"A""B"N4°00'W200.00229.44N0°28'E173.87R=1260 31.130.4925.0862.24 25172.6 2525N78°39'E 38 31.8836.15 R=527 42.49 130.87 53.5W. In. 818 OR 115 148.77 187 P.B. 25 26 240 23300.15N7°08'W143.07' N86°11'37"W (.04Ac.) 173.35 S63°47'W N 68°13'W 25 17 20 14 18 11 05 15 16 22 240 (8-74)DR.VERNALRANCHO SAN RAMON 1- 1 1 1 1 LIVORNA RD. 40.47 1"=100' 19 A-TRACT 8549 A A A A 131.23 132.22 166.25N11°0'24"ELOT 1LOT 2 21 23 LOT 1 LOT 3 LOT 2 B B B B B-TRACT 8394 MB 452-24 N67°30'0"E 12 PM 42 MB 451-1 ACC EASE N78°50'49"EN79 °05 '05 "WN14°11'19"EN86°03'41"W N11°09'11"W(.05AC) .491Ac ACC EASEN11°09'11"WN78°50'49"E N11°05'58"WS80°59 '41"E 5/14/70 37.96 S35°4 8'2 7"E 95.5 2 R=42.5 22.77 61.69N11°40'W122 .13 133.16 N81°08 '41"W185.64119.14209 FM 5-12 .724Ac .534Ac .459Ac 181 .70(T) N67°30'E 73.17 166.54 N8°43'19"W N11°05'58"W 18.94 .73Ac 116.0 1.253Ac.89Ac 1.07Ac 1.25Ac .856Ac .509Ac 1.19Ac WLY COR 167Ac PCL 249.27 "A" "B" 24 .952Ac 377.11197.65179.52145.45111.19190.53S06°43'24"EN73°59'36"E74.71 2 2 2 2 2 2 2 2-209PM24 4/17/15 SCENIC EASEMENT SCENI C EASEM ENT35.73 25.25196.50 48.31 2.54 PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE INFORMATION NOTE: THIS MAP WAS PREPARED FOR ASSESSMENT DELINEATED HEREON. ASSESSOR'S PARCELS OR BUILDING SITE ORDINANCES. MAY NOT COMPLY WITH LOCAL LOT SPLIT 1.523Ac PM24 9/3/15 25' R/W 28 29 10 09 14 15 23 24 25 06 19 20 21 31 30 17 37 35 41 40 22 23 34 31 10 38 39 26 45 43 CABALLO RANCHERODRIVE NUESTRA A CASA 34 36 38 24 32 33 352 351504.97N23°58'48"E19.26 146.17212.76 82.24 R=1025 R=975 S74°30'30"E 290 14078.17 340.70215.83200.16556.16N78°59'20"W 119.50 N43°08'16"W 32.36 S88°07'46"E 78.68 N4°44'19"W 24.02 N12°42'42"E356.0313.91244.39 N81°51'11"W 189.04N9°19'56"EN81°51'11"W 250 217 339.15247.62 1 1 3.7 4N1 7 ° 5 9'W1 2 3.7 4 45 7 3.3 8N1 6 ° 1 9'0 3 "W188.64 229.20 S86°54'15"W N82°33'35"E 1 4 1.7 8 324.11 S70°43'56"W 1 4 4 .4 3 2 8 1 .4 3 180.49 180N1 6 ° 1 9'0 5 "W113.05 N79°03'45"E 168.06N55°21'22"E118.5038.67N36°00'30"W17.80N60°40'45"E S56°17'35"E40.56146.19'191.5899.59179 .25 ' N71°43 '19"W 205.63187.6127.49210.39'250.55'N19°41'07"EN20°49'57"E386.58'S21°56'W209.27'499.2692.70'209.2716 15.81' R =300174.10R = 350 164 . 93 70.25118.27S43°50'57"W139.41 N74°30'30"W 120.18 173.09N29°31'20"E302.79N19°22'01"E185S29°14'50"W110135 . 19 22 8 . 8159.081 4 1 . 6 0 S 1 2 ° 5 1'ES 61 °11' 2 0"E 27 6 . 13 370 .77311.91149.84107.81S51°00'00"E258.96253 .82 S69°41 '20"E 151.68265.54181.32210.44158.61160' 56.69 232.38S48°E7 0.0 0 S2 5°3 0'E 157.13R=375R=3 2 5 15 8.8 7 52.95 30 20.9156.55N9°12'46"E 32.5673.7076.55198.97 R=2 2 5 R=27 5 132.3688.81 S75°34'45"EN47°2'40" W 158.36192.19287.40 332.40 381.17 289.64 33.0 303.61S51°00'00"EN51° W 89.92 S56°57'27"W S49°30'10"W170.52181.75 161.15S1°04'48"E326.58' 236.82197.91N88°55'12"EN1°04'48"W98.90 R =175R=125 70 .64 73.70 123.04 221.99N83°22'45"W 131.97R=129.43R=89.4391.1925.11 21.71161.40N13°00'20"EN24°57'30"W178.25L=22.37' 7 9.6 0N1°22'18"WS1°22'18"E181.79208.7927' S 61°01' 278.78N57°30'E 59.03133.83117.48N28°20'E90'201.39 N 52°05'07"E 8 5'S9 ° 3 0'E95S12°E288.42 S36°47'22"E 13016 1.72 19.02S26°57'4 3"E 55 . 26 S 1 °22' 18 "E 12 2.18R=207.90R=22 7.90 14 5.68 149.59N 58°37'45"W 10 17 "A" "A" 4 10 10 9 910 "A""B" 18 19 12 12 "A" "B" 345 5 1 1 "A"25'R/W"B" 12 12 1 1 5 7 3 7 3 "B" "B" "A" "A" "C" 7 7 7 "B" 3 13 2 "C" "A" "A" 7 8 8 8 "B" 6 5 2 1 5 8 6 "A"SAN.ESMT"B"20' R/W(.09Ac.)(.09Ac.)25'R/ W 21 22 20 (.09A c.)9 9 "B" "C" 6 20'EASE6 "B" "C" 11 01 11"D" 23 2 2 13 2 24 3 R.J.C. '5955-62, 63 351 352 153PM41 1- 2- 3- 4- 6- 7- 8- 9- 11- 12- 13- 10- ASSESSOR'S MAP CONTRA COSTA COUNTY,CALIF. BOOK PAGE195 35 25 1"=200' Sanborn Date : 11/06/1999 5 4 . 6 6 54.78PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE INFORMATION NOTE: THIS MAP WAS PREPARED FOR ASSESSMENT DELINEATED HEREON. ASSESSOR'S PARCELS OR BUILDING SITE ORDINANCES. MAY NOT COMPLY WITH LOCAL LOT SPLIT 50.51149.31.97Ac 153.2479.33 165.37 N79°29'23"W 98.91 S46°32'52"W158.2559.7467.365 8.7 8 79.02 N37°31'56"W104.73N45°2'E31 4/14/08 PAGE 38 5-N0°32'ES-17 105.20S0°27'E13 13N57°1'15"ES56°W180N51° WN39°ES36°0'30"E S72°1'W 3.72 342.55(T)338.83N1 °36'56"W1.42Ac FROM N30°08'03"E R=105 43.71 66.43 1.13Ac MT DIABLO ESTATE PARK SUB'N UNIT NO 3 20PM46 25PM40 30PM28 34PM5 49PM39 54PM7 63PM15 77PM16 90PM25 77PM44 20PM8 12/23/71 MB 49-7 12/12/1952 1.14Ac "A" "B" 1.91Ac 1.00Ac 1.00Ac 1.14Ac .92Ac 1.01Ac 1.00Ac 2.02Ac 1.33Ac 1.32Ac 1.08Ac 1.84Ac 45LSM30 11/17/66 "B" 18 "A" 1.34Ac 1.04Ac 1.12Ac 1.08Ac 1.40Ac 1.17Ac 1.13Ac 44 "A" "B" N66 °14 '48 "W 14.39 .947Ac174.13330.8445.78 N11°30'37"E 14 14 14 14 14 14-202PM8 3/18/08 5/23/79 6/15/79 10/23/80 8/9/91 2/14/72 12/19/72 2/9/78 10/10/73 6/3/74 11/3/76 4/19/77 N84°30'30"W 1.289Ac N21°02'19"E153.8252.0 150.98 159 .68 N28°16'17"E330.0EASE31'CACSSEN 61 °11' 2 0 "W (N 61 °20' 09 "W )N28°22'48"E 218.21(T)S20°41'25"W 181.1510 9.69N28°22'48"E 177.38146 . 26 S12°16'54"W46 47 45 . 3 1.07Ac 1.01Ac 1.26Ac .95Ac 1.22Ac 46,47 10/5/15 ASSESSOR’S MAP CONTRA COSTA COUNTY,CALIF. BOOK PAGE197 09 42.5 460 30.04224. 9 4 179. 9 4 42.5 4 1 1 1 1 W.C O R . 996 O R 1 3 8MPST WLY. COR.792 OR 236N46^33’E161.79191.838 8 N.D. 100 199.9 8 N46^ 2 0 ’ W MOST SLY. COR.225 D 489226 D 3 4 3 247. 5 30307.950 115. 5 2 S42 ^ ES0 ^ 2 4 ’W 1 4 0 . 8 320.79N44^40’ES50^45’W115.6S33^45’W109.86113.73.84 114. 7 7 S43 ^ 4 1 ’ ES62^30’W62.09155.07E. LN. 654 OR 2645 7 . 2 S 7 ^ 2 1 ’ E 15 8 . 5 50S32^22’W75.6531. 0 2 N3 6 ^ 1 5 ’W M O S T N L Y . C O R . 22 5 9 OR 5 8 6 S75^55’E 122.76 S 3 7 ^ 3 5 ’ E 18 4 . 8 81.84 101.7 8 S47^ 4 5 ’ E 10 10 45.32 S 6 ^ 0 7 ’ E 6 7 . 3 271.9453.13N46^55’ES76^16’55 " E 199.61 248.18 N10^53’E258.06 N 1 3 ^ 4 5 ’ W 6 6 . 6 6 N73^05’W 82.01 N46^28’00"E68.66N31^31’23 "W N 1 4 ^ 3 2 ’ 0 0 " W 88 . 5 2 88 16’ R/W97.94 146.43 S89^34 ’ 0 0 " E OVERLAP OF RO . EL R10 N44 ^ 0 9 ’ W 111. 9 6 224.7S46^35’WN46^35’W195.04N46^ 2 0 ’ W 113.9 5 1010 195.04217.84100 S46^ 2 0 ’ E 217.84S46^36’WN46^36’E244.02247.46465.3266.8206 07 08 20 12 13 14 21 01 02 03 .58Ac. 1.46Ac..55Ac. .89Ac. .52Ac. .50Ac. 5.07Ac. .70Ac. .30Ac.326.47DA N V I L L E BLV D .WAYNEAVE.EL PORTALTHIS MAP WILL NOT MATCH PAGES ACROSS CREEK. 201 P.B. 200 P.B. 090 21 07 RANCHO SAN RAMON 1-12-4-87 090 1/67 1"=10 0 ’ MOS T S L Y . C O R . 84.28 PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE INFORMATION NOTE: THIS MAP WAS PREPARED FOR ASSESSMENT DELINEATED HEREON. ASSESSOR’S PARCELS MAY NOT COMPLY WITH LOCAL LOT SPLIT OR BUILDING SITE ORDINANCES. N42 ^ 1 5 ’ W N 0 3 ^ 5 7 ’W 7 6 . 1 1 80. 2 88218.20130.861.24Ac. .85Ac. 43. 7 8 N43 ^ 1 8 ’ 2 3 " W 32.1 9 N68 ^ 3 5 ’ 1 2 " W 21 3/7/06 FM 6-23 85LSM38 32.19 ASSESSOR’S MAP CONTRA COSTA COUNTY,CALIF. BOOK PAGE198 08 2829303132333435363738 ALAMO VILLA SITES POR. RO. SAN RAMON ALAMO VILLA ESTATES A- B- M.B. 15-317 M.B. 33-34 B A A B A SOUTH AVENUE LA SERENALASERENAWAY AVENUE 45689 10 11 12 13 14 15 16 01020304 21 06070809 10 11 12 13 14 15 16 17 18 19 20 01 02 03 04 05 06 07 08 09 10166.08179.63181.18188.73196.28209.82211.37218.32234.01241.56251.47100 S39^47’E100 100.20 95.771298.95 N54^30’E 082 081 R = 2 0 R=20 79.99 100 N50^11’E 100 110 110 178157.995 6 7 8 9 S39^47’E07 05 09 11 12 06 S50^11’W E CO R . 1162 O R . 2 6 4 110 110198198 TOTAL-1100 110198198 A B 178110 S39^47’E1’ POR. LOT 3 110110220 1981982031025110 32.3 77.68 10’ N39^54’W N50^11’E 80.01R = 2 0 R=20N39^47’W169.01206183S39^47’E4 6-9 081 0821"=100’ B. L. 98 110 110 22 "A""B" 207PM111-4-11-12 1 1 1 1 PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE INFORMATION NOTE: THIS MAP WAS PREPARED FOR ASSESSMENT DELINEATED HEREON. ASSESSOR’S PARCELS MAY NOT COMPLY WITH LOCAL LOT SPLIT OR BUILDING SITE ORDINANCES. 220 .50Ac .50Ac 15’ DEDICATED TO COUNTY110 7/31/12 207 PM115050 ASSESSOR'S MAP CONTRA COSTA COUNTY,CALIF. BOOK PAGE198 10 1"=200' NOTE: THIS MAP WAS PREPARED NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE INFORMATION FOR ASSESSMENT PURPOSES ONLY. DELINEATED HEREON. FM. PG.10 03-27-96 100 100 04 888.78 4 5 9.21 2 5 4.8 1 0 3. 3 8 183.99104.21115.15 S40°18'10"E 20 N48°18'10"EN5°32'45"WS 2 5 ° 5 4'3 2 " EN2 7° 6'5 1"WN3 4°4 3'5 1"W75.01N55°49'19"E N57°0'55"E 12 5 2.38 N3 7°18'10"W710.49 N49°41'50"E 19 11 15 18 HEMME AVE N59°1"30"E N42°44'2"E RO SAN RAMON 20 S40°18'10"E 26' 52' 40' 14 2.44N27°46'56"W 06 05 .917Ac .970Ac 10.41 N62°55'22" W280.66N62°55'22" W289.93N49°41"50"E 148.68 201.75 129.42 158.18 244.4 34 3 .22 SCENIC EASEMENT1 11 1 1 1-209P.M.43 8-27-15 "A" "B" "C" 24.269Ac (.237Ac) (.398Ac) AYER 2095-157 NW COR N26°11'48"E(.03Ac)(.472Ac)DEDICATED TO CITY 20' PUBLIC R\W 11/16/17 REMAINDER 234.54 282.49(517.24) 11,12 10 1.75 N62°55'22" W 238.0767.211 12 1.78Ac 2.03Ac ASSESSOR'S MAP CONTRA COSTA COUNTY,CALIF. BOOK PAGE357 14 R=3005.75 PT.X6080 70S9°44'46"E N.D. 80 N.D.STREETN79°07'EN.D.11 12 N.D..56Ac 44 43 160 60 15080 60.01130.0131.41 R= 2 0FOURTH VAQUEROS 100 100 100 160.90100.00 160.805' 5' COUNTY 411410.9010 41 11 39 16 N10°52'W 100 5050100 9 .11Ac 200100100DRAIN. ESMT.S10°52'E 10050 50 50 10 10' 100 100 PARKER S8°34'37"E RODEO 410.808 100 100297.85299.56100 100 100.01 FLOOD S10°48'36"E60 6257"AA"102.10 410.60N10°52'W 100 CONTROL 5.02 R=300 CREEK 410.5050 50 410.30100 50 50 AVENUE 100 CHANNEL S9°32'08"E722.88 100 410.20100 100 100 5760N79°07'E410.00410.10AVENUE 8515 09 10 23 13 31 32 33 46 47 37 38 1 2 3 4 6 7 AM'D MAP NO.2 OF BLK. A & AM'D MAP BLKS B & 36E TN. OF RODEO 140 HR (58)1"=100' 56 L.S.M. 1313 F.D.C. MON. 66164 .40Ac 100100200.54200.54100 100 S10°52'E .70Ac PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE INFORMATION NOTE: THIS MAP WAS PREPARED FOR ASSESSMENT DELINEATED HEREON. ASSESSOR'S PARCELS OR BUILDING SITE ORDINANCES. MAY NOT COMPLY WITH LOCAL LOT SPLIT 45 .11Ac E-7 12 3 4 5 6 7198.5925122.7250.01 50(T)50(T)130.26(T) S79°06'58"W858538 12 13 37 22.22 21.81 S10°49'36"E 5.97 R=357 L.S. 7170 50 53 52 51 A A- 2018 -TRACT 9367 MB 532-8 4/21/17 1 - 1 A A A (PAU EAS.)130.72SIXTH STSIXTH STFIFTH ST.141Ac .150Ac .69Ac .69Ac .098Ac.122Ac .082Ac .098Ac .69Ac .69Ac .69Ac .548Ac .11Ac .25Ac .24Ac .26Ac .13Ac .12Ac .30Ac .25Ac 689.82 .25Ac .64Ac .460Ac .230Ac.35Ac 50(T)N79°06'E 107(T)54 55 54,55 2/15/18 159 P.B. 378 P.B. 19 21 22 15 010 24 23 09 13 12 11 03 010 02 S.&O. SURVEY NO. 147 POR. RO. 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S56°17'25"W (46) N33°32'32"W N31°32'22"E259.042.7643Ac 03 S36°4'53" E 15 2.46 N36°42'00" W 20 1 .41 N31°32'22"E 36.12N1 2 ° 1 3' 2 7 "W422.37N48 ° 2 9'0 6 "WS33°32'32"E573.38 N36°42'00"350 698.11 7 12.6 8R=19 00(39)289.28 N41°51'49"WS33°24'00"E R=185 P.O.B.529.95N 62°W -595.4553 3 . 0 4 W ATERFRONT ROAD S86°32'W 93.63 647.25 R=99 .5 S87°00'51"E R=350.32 R=278.33400.26 - RO.L AS J UANT ASBOUNDARY LI NE SANBON DATE : 12/11/1998 S & O 147 N48 ° 2 9'0 6 "WS87°26'30"E116.49204.87N48 ° 35'5 0" W R=21 2 5 S78°39'40"W N83°48'06"W ASSESSOR'S MAP BOOK PAGE380 01 35 4. 0 8N9° 35 '20 "E4 7 3.3 0 109.5 100.62 N56°17'25"E S2 4°16'59"E N86°59'25"E 36.56R=616 From page 02 302.27 300 75 3.892Ac S62°56'5"E 4.417Ac 2.646Ac 569.42(T) N57°13'45"E N56°17'25"E F-13 E-12,13 PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE INFORMATION NOTE: THIS MAP WAS PREPARED FOR ASSESSMENT DELINEATED HEREON. ASSESSOR'S PARCELS OR BUILDING SITE ORDINANCES. MAY NOT COMPLY WITH LOCAL LOT SPLIT 25 27R=6 6 6 482.49R=96 198.17R= 6 3 4 286.88179.43R=1 28 ASSESSOR’S MAP CONTRA COSTA COUNTY,CALIF. BOOK PAGE420 08 NORTH RICHMOND HI L L C R E S T ROAD CERRITO ROAD TRACT 4281 MB 168-22 5554 53 10 07 09 23 20 080 080 FM 3/583030S77^30’W R=170 74.18 222.5’ S53^29 ’ 4 5 " W 158 100’S39^4 5 ’ W 105.1 7 R=180 S3^00’E97.35S20^01’07"W36.6427.11R=12048S26^30’W 36.7649.11 R=90’ 107.51 66’S49^3 0 ’ W N8 0 ^ W 19 3 . 8 0 TO C O N T R A C O S T A C O U N T Y 24 7 0 O R 4 3 2 35.16N. D . N. D . N. D .N13^10’WN.D.200’N.D.N13^10’W60’ N.D N.D.65 S68^49’E 7.61 7.61 N8 0 ^ W 65. 2 6 5.8282 11.8 S76^W 12086 89.14 175.14S76^30’11"W 19.280.22S13^39’12"E10019.78 50’ R=20 26.92 71.57 118.41N12^30’51"W200’ 16.32 8530.7119.3S15^30’W54.5865.28’ 1 0 0 ’116.85128.49183.0283.80 S57^44’ 4 0 " W 108.77 80N32^15’20"W100100’ N76^E 25.10125.35106.14S58^58’ 0 6 " W56.53S23^E8080.36N36^29’02"W98.50N58^58’ 0 6 " E 18.8980N55^46’54"W63.53N.D.316.46’325234.54 S33^16’W 72.10198.35’107.9167.08’S4^15’W195.6N.D.N13^10’WN.D.639.7N68^49’E 366.6S13^10’EN.E. C O R 1 9 5 1 O R 2 6 9 10-5-7 3 561.55S13^24’15"EN.D.27 26 03 04 05 06 09 10 25 20 VACATED 7063 OR 916 123 1"=10 0 ’ S74^50’E PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE INFORMATION NOTE: THIS MAP WAS PREPARED FOR ASSESSMENT DELINEATED HEREON. ASSESSOR’S PARCELS MAY NOT COMPLY WITH LOCAL LOT SPLIT OR BUILDING SITE ORDINANCES. MB 1-18 11/2/1908 27 3/4/09 .25Ac .23Ac.23Ac .25Ac 4.74Ac .27Ac .20Ac 593.9804.70.5.26Ac S13^10’E366.6 419 PB 4/11/74 10.373Ac 637.19 RECOMMENDATION(S): REFER to the Public Protection Committee the issue of criminal justice system fees charged to individuals. FISCAL IMPACT: No fiscal impact. This action refers the issue of justice system fees to the Public Protection Committee. BACKGROUND: Existing law allows the County to impose various criminal justice fees for the cost of administering the criminal justice system. This referral is being requested to review the current programs, policies and practices related to criminal justice fees. CONSEQUENCE OF NEGATIVE ACTION: The issue will not be referred to the Public Protection Committee for review. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 83 To:Board of Supervisors From:PUBLIC PROTECTION COMMITTEE Date:February 26, 2019 Contra Costa County Subject:Criminal Justice Fees RECOMMENDATION(S): APPROVE and ADOPT an amended schedule of meetings for the Board of Supervisors, Contra Costa Fire Protection District and the Housing Authority of the Contra Costa County that fixes regular start times. FISCAL IMPACT: No fiscal impact BACKGROUND: California Government Code 54954, subsection (a) requires that each legislative body of a local agency set a time and place for holding regular meetings. Resolution 2015/55, Rules of Procedures for Board of Supervisor Meetings states in Rule 4.1, regular meetings shall commence at 9:00 a.m. In July of 2007, the Contra Costa Fire Protection District (CCCFPD) and Housing Authority of the Contra Costa County (HA) began stand-alone meeting separate from the Board of Supervisor meetings. As is authorized in Government Code 54954, the regular fixed meeting time for both the CCFPD and HA shall be 1:00 p.m. The meetings occur monthly, unless otherwise stated, and on the same day as the Board of Supervisors regular meeting. CONSEQUENCE OF NEGATIVE ACTION: Regular meeting start times will not be adopted. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 84 To:Board of Supervisors From:David Twa, County Administrator Date:February 26, 2019 Contra Costa County Subject:Regular meeting times for Board of Supervisors, Contra Costa Fire Protection District, and Housing Authority of the Contra Costa County meeting ATTACHMENTS 2019 Meeting Schedule CONTRA COSTA COUNTY BOARD OF SUPERVISORS 2019 MEETING SCHEDULE MEETING MEET OR HOUSING DATES NO MEETING AUTHORITY/SPECIAL EVENT (Tuesdays)CCCFPD Jan 01 No Meeting New Year's Day Holiday Jan 08 No Meeting Jan 15 Meet Reorganization Meeting **Jan 22 Meet HA/FIRE Dr. Martin Luther King, Jr. Celebration Jan 29 Meet Board Retreat Feb 05 No Meeting Feb 12 Meet HA/FIRE Feb 19 No Meeting President's Day Feb 26 Meet Mar 05 No Meeting NACo Leg Conference, March 2-6, 2019, Washington, D.C. Mar 12 Meet HA/FIRE Service Awards Mar 19 Meet **Mar 26 Meet Cesar Chavez Celebration Apr 02 No Meeting Spring Break Apr 09 Meet HA/FIRE **Apr 16 Meet Budget Hearings Apr 23 No Meeting CSAC Leg Conf, April 24-25, 2019, Sacramento Apr 30 No Meeting Fifth Tuesday **May 07 Meet Budget Adoption May 14 Meet May 21 Meet HA/FIRE May 28 No Meeting Memorial Day Jun 04 Meet Jun 11 Meet HA/FIRE Jun 18 Meet Service Awards Jun 25 No Meeting Jul 02 No Meeting Independence Day Holiday Jul 09 Meet HA/FIRE Jul 16 No Meeting NACo Annual Conf, July 12-15, 2019, Las Vegas, NV Jul 23 Meet Jul 30 Meet Aug 06 Meet HA/FIRE Aug 13 No Meeting Summer Break Aug 20 No Meeting Summer Break Aug 27 No Meeting Summer Break Sep 03 No Meeting Labor Day Holiday **Sep 10 Meet September 11 Remembrance Sep 17 Meet Sep 24 Meet HA/FIRE Service Awards Oct 01 No Meeting Fall Break Oct 08 Meet HA/FIRE Oct 15 Meet Oct 22 Meet Oct 29 No Meeting Fifth Tuesday Nov 05 Meet **Nov 12 Meet HA/FIRE Veterans Day Recognition Nov 19 Meet Nov 26 No Meeting Thanksgiving Holiday Dec 03 No Meeting CSAC Annual Meeting, December 3-6, 2019, San Francisco Dec 10 Meet HA/FIRE Dec 17 Meet Dec 24 No Meeting Christmas Dec 31 No Meeting Fifth Tuesday **Special BOS Celebration or Hearing Adopted 10/9/18 RECOMMENDATION(S): REFER to the Internal Operations Committee a review of the County's public information and outreach program and DIRECT the Public Information Officer to provide a status report to the Committee within six months. FISCAL IMPACT: No fiscal impact. BACKGROUND: The Internal Operations Committee, at its February 11 meeting, requested to review the County's current public outreach and engagement capabilities and future strategy, particularly in anticipation of the significant outreach effort that will be required for the 2020 U.S. Census. The Committee requests a report from the County's Public Information Officer (PIO) within six months that addresses coordination with Department PIOs, and current and future outreach tools and strategies to effectively inform and engage citizens in County government issues, with particular emphasis on social media and other emerging technologies. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III Supervisor Contact: Julie DiMaggio Enea (925) 335-1077 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: CAO, Office of Communication and Media Director, IOC Staff C. 85 To:Board of Supervisors From:INTERNAL OPERATIONS COMMITTEE Date:February 26, 2019 Contra Costa County Subject:REFERRAL TO THE INTERNAL OPERATIONS COMMITTEE FOR UPDATE ON THE COUNTY'S PUBLIC INFORMATION PROGRAM BACKGROUND: (CONT'D) CONSEQUENCE OF NEGATIVE ACTION: Should the referral not be authorized, neither the Internal Operations Committee nor the public at large will have this opportunity to better understand and provide input on the County's public outreach and civic engagement activities. RECOMMENDATION(S): 1. APPROVE the Community Development Block Grant Program (CDBG) legal loan documents for the Richmond Neighborhood Housing Services Housing Rehabilitation Program. 2. AUTHORIZE the Conservation and Development Director, or designee, to loan a total of $301,000 of CDBG Funds to Richmond Neighborhood Housing Services, Inc., and to execute the required legal loan documents for each property within the Richmond Neighborhood Housing Services Housing Rehabilitation Program. 3. FIND that the project is exempt from the California Environmental Quality Act [Section 15301(a)]. 4. DIRECT the Department of Conservation and Development (DCD) to file a Notice of Exemption for this project with the County Clerk. 5. DIRECT DCD to arrange for payment of the $50 handling fee to the County Clerk for filing such Notice of Exemption. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 86 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:February 26, 2019 Contra Costa County Subject:APPROVAL OF CDBG LEGAL DOCUMENTS FOR RICHMOND NEIGHBORHOOD HOUSING SERVICES HOUSING REHABILITATION PROGRAM RECOMMENDATION(S): (CONT'D) FISCAL IMPACT: No General Fund impact. Community Development Block Grant funds are being utilized for each loan and the CDBG funds are provided to the County on a formula allocation basis through the U.S. Department of Housing and Urban Development (HUD). CFDA# 14.218. BACKGROUND: Richmond Neighborhood Housing Services, Inc. (RNHS) is a non-profit organization that was established to address various housing needs with the Richmond community. RNHS owns 16 single-family rental properties in the south side of Richmond. All of the 16 homes are currently rented and occupied by extremely-low, very-low, and low-income residents. On July 18, 2017, the Board of Supervisors allocated $280,000 of CDBG funds to Richmond Neighborhood Housing Services, Inc. (RNHS), to rehabilitate up to five residential properties for low-income households in the City of Richmond. The Board previously approved $130,000 of $280,000 to RNHS to rehabilitate a tri-plex property, leaving $150,000 available for 3 to 4 single-family properties. In June 2018, the Board allocated an additional $151,000 of CDBG funds to RNHS to rehabilitate an additional two to three properties. The total remaining amount available to loan to RNHS is $301,000. All of the properties are in need of interior and/or exterior rehabilitation. The amount of each loan to rehabilitate each property will differ dependent on the rehabilitation work that is needed for each respective property. However, based on initial inspections of the properties, the loan amount for each property will be between $50,000 and $100,000. The loan amount may exceed $100,000 if necessary. Each property will have a mix of exterior and interior upgrades, including but not limited to bathroom upgrades, kitchen upgrades, flooring, wall repair, exterior/interior painting, window replacement, and roof repairs/replacement. RNHS purchased the single family homes and has a mortgage with Cathay Bank. Five of the properties are security for the loan from Cathay Bank. The remaining properties are un-encumbered. The attached legal documents are templates for the loans on the respective properties. There are two versions of the loan templates: one for when the County is the only lender; and the other for when the County is a junior lender. Each loan will have a one percent interest rate that will be deferred for 30 years, and due and payable upon transfer or default. This recommended action includes authorization to execute any and all documents and to take any and all action necessary to implement the activities authorized under the Loan Documents, including execution of loan amendments or modifications for the purposes of agreeing to reasonable extensions of time deadlines. CEQA and NEPA Determination: This activity is exempt from CEQA pursuant to 14 CCR 15301(a) and 15061(b)(3). NEPA is required for each individual property; however, it is anticipated that the NEPA process will lead most, if not all, of the projects for the properties to be converted to exempt activities under NEPA per 24 CFR Part 58.35(a)(4)(i). CONSEQUENCE OF NEGATIVE ACTION: Negative action would prevent the rehabilitation of the residential properties identified for rehabilitation under RNHS's Housing Rehabilitation Program. CHILDREN'S IMPACT STATEMENT: The project will provide for the conservation of affordable housing, which supports the Children’s Report Card by helping families become economically self-sufficient and enables families to be safe, stable and nurturing. ATTACHMENTS RNHS Loan Agreement (No senior lender) RNHS Loan Agreement (With senior lender) RNHS-Regulatory Agreement RNHS-Deed of Trust RNHS-Promissory Note 1 RNHS SINGLE FAMILY HOME REHABILITATION CDBG LOAN AGREEMENT – No Senior Lender ADMINISTRATIVE COVER SHEET (Remove Upon Completion) BLANK LINES: CHECKLIST ______ Property address, p. 1, 3rd line ______ Date of Agreement, p. 1, first sentence ______ Property address, p. 1, Recital C ______ Amount of Loan, p. 1, Recital E ______ Name of Title Company, p. 4 ______ Loan Amount less $5,000, p. 7, Conditions precedent to disbursement ______ Due date, p 9, Section 2.7 ______ Date to pull permits, p. 10, Sec 3.1 ______ Date to complete construction, p. 11, Sec 3.5 ______ Signatures, p. 39 2 CDBG LOAN AGREEMENT Richmond Rehabilitation Program [address] Street, Richmond This CDBG Loan Agreement (the "Agreement") is dated ________, 20__, and is between the COUNTY OF CONTRA COSTA, a political subdivision of the State of California (the "County"), and Richmond Neighborhood Housing Services, Inc., a nonprofit public benefit corporation ("Borrower"). RECITALS A. Defined terms used but not defined in these recitals are as defined in Article 1 of this Agreement. B. The County has received funds from the United States Department of Housing and Urban Development ("HUD") under Title I of the Housing and Community Development Act of 1974, as amended ("CDBG Funds"). The CDBG Funds must be used by the County in accordance with 24 C.F.R. Part 570. C. Borrower owns the real property commonly known as [address] Street, located in the City of Richmond, County of Contra Costa, State of California, as more particularly described in Exhibit A (the "Property"). Borrower intends to rehabilitate the single family home currently existing on the Property (the “Residence”), for rental to a very low or low income household. The work being performed to rehabilitate the Residence is described in Exhibit B (such work, the "Rehabilitation"). D. The County and Borrower are parties to a CDBG Project Agreement 18-58-HSG, dated July 1, 2018 (the "CDBG Project Agreement"), pursuant to which the County agreed to lend CDBG Funds to Borrower to assist in the rehabilitation of the Residence. E. In furtherance of the CDBG Project Agreement Borrower desires to borrow from the County _____________ Dollars ($xxx,xxx) of CDBG Funds (the "Loan"). F. The Loan is evidenced by the Note and the Regulatory Agreement and is secured by the Deed of Trust. G. The Loan is being made to finance the Rehabilitation and is intended to maintain the supply of affordable rental housing in Contra Costa County. Due to the assistance provided Borrower through the Loan, the County is designating the Residence a "County-Assisted Unit." H. The City has determined the Rehabilitation to be categorically exempt pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) ("CEQA"). 3 I. In accordance with the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321-4347) ("NEPA"), the County has completed and approved all applicable environmental review for the activities proposed to be undertaken under this Agreement. The parties therefore agree as follows: AGREEMENT ARTICLE 1 DEFINITIONS AND EXHIBITS Section 1.1 Definitions. The following terms have the following meanings: (a) "Adjusted Loan" means, to the extent less than the full amount of the Loan is funded, an amount equal to the actual principal amount loaned to Borrower by the County pursuant to this Agreement. If the full amount of the Loan is funded the Adjusted Loan is equal to the Loan. (b) "Agreement" means this CDBG Loan Agreement. (c) "Approved Rehabilitation Budget" means the proforma development budget, including sources and uses of funds, as approved by the County, and attached hereto and incorporated herein as Exhibit D. (d) "Approved Rehabilitation Schedule" means the schedule that (i) is agreed to by County and Borrower, (ii) identifies the work to be accomplished to complete the Rehabilitation and the sequence of that work, and (iii) sets forth the dates by which certain components of the work must be completed. (e) "Bid Package" means the package of documents Borrower is required to distribute to potential bidders as part of the process of selecting contractors for the Rehabilitation. The Bid Package is to include the following: (i) an invitation to bid; (ii) copy of the proposed construction contract; and (iii) all Construction Plans. (f) "Borrower" has the meaning set forth in the first paragraph of this Agreement. (g) "CDBG" means the Community Development Block Grant Program, funded pursuant to Title I of the Housing and Community Development Act of 1974 (42 USC 5301, et seq.). (h) "CDBG Funds" has the meaning set forth in Paragraph B of the Recitals. 4 (i) "CDBG Project Agreement" has the meaning set forth in Paragraph D of the Recitals. (j) "CEQA" has the meaning set forth in Paragraph H of the Recitals. (k) "City" means the City of Richmond, California, a municipal corporation. (l) "Commencement of Construction" has the meaning set forth in Section 3.5. (m) "Completion Date" means the date a final certificate of completion, or equivalent document is issued by the City to certify that the rehabilitated Residence may be legally occupied. (n) "Construction Plans" means all construction documentation upon which Borrower and Borrower's general contractor rely in performing the Rehabilitation, including final architectural drawings, landscaping plans and specifications, final elevations, building plans and specifications (also known as "working drawings"). (o) "County" has the meaning set forth in the first paragraph of this Agreement. (p) "County-Assisted Unit" has the meaning set forth in Paragraph G of the Recitals. (q) "Deed of Trust" means the Deed of Trust with Assignment of Rents, Security Agreement, and Fixture Filing of even date herewith among Borrower, as Trustor, [______________], as trustee, and the County, as beneficiary, that will encumber the Property to secure repayment of the Loan and performance of the covenants of the Loan Documents. (r) "Default Rate" means the lesser of the maximum rate permitted by law and ten percent (10%) per annum. (s) "Event of Default" has the meaning set forth in Section 6.1. (t) "Hazardous Materials" means: (i) any substance, material, or waste that is petroleum, petroleum-related, or a petroleum by-product, asbestos or asbestos-containing material, polychlorinated biphenyls, flammable, explosive, radioactive, freon gas, radon, or a pesticide, herbicide, or any other agricultural chemical, and (ii) any waste, substance or material defined as or included in the definition of "hazardous substances," "hazardous wastes," "hazardous materials," "toxic materials", "toxic waste", "toxic substances," or words of similar import under any Hazardous Materials Law. (u) "Hazardous Materials Claims" means with respect to the Property (i) any and all enforcement, cleanup, removal or other governmental or regulatory actions 5 instituted, completed or threatened against Borrower or the Property pursuant to any Hazardous Materials Law; and (ii) all claims made or threatened by any third party against Borrower or the Property relating to damage, contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials. (v) "Hazardous Materials Law" means any federal, state or local laws, ordinances, or regulations relating to any Hazardous Materials, health, industrial hygiene, environmental conditions, or the regulation or protection of the environment, and all amendments thereto as of this date and to be added in the future and any successor statute or rule or regulation promulgated thereto. (w) "HUD" has the meaning set forth in Paragraph B of the Recitals. (x) "Loan Documents" means this Agreement, the Note, the Regulatory Agreement, and the Deed of Trust. (y) "Loan" has the meaning set forth in Paragraph E of the Recitals. (z) "Marketing Plan" has the meaning set forth in Section 3.9. (aa) "NEPA" has the meaning set forth in Paragraph I of the Recitals. (bb) "Note" means the promissory note of even date herewith that evidences Borrower's obligation to repay the Loan. (cc) "Operating Reserve Account" has the meaning set forth in Section 4.1(b). (dd) "Property" has the meaning set forth in Paragraph C of the Recitals. (ee) "Regulatory Agreement" means the Regulatory Agreement and Declaration of Restrictive Covenants, of even date herewith, between the County and Borrower related to the Loan, to be recorded against the Property. (ff) "Rehabilitation" has the meaning set forth in Paragraph C of the Recitals. (gg) "Replacement Reserve Account" has the meaning set forth in Section 4.1(a). (hh) "Residence" has the meaning set forth in Paragraph C of the Recitals. (ii) "Retention Amount" means Five Thousand Dollars ($5,000) of the Loan, the disbursement of which is described in Section 2.6. 6 (jj) "Tenant" means the tenant household that occupies a unit in the Residence. (kk) "Term" means the period of time that commences on the date of this Agreement, and expires, unless sooner terminated in accordance with this Agreement, on the thirtieth (30th) anniversary of the Completion Date; provided, however, if a record of the Completion Date cannot be located or established, the Term will expire on the thirty-first (31st) anniversary of this Agreement. (ll) "Transfer" has the meaning set forth in Section 4.14 below. Section 1.2 Exhibits. The following exhibits are attached to this Agreement and incorporated into this Agreement by this reference: Exhibit A: Legal Description of the Property Exhibit B: Work To Be Performed Exhibit C: NEPA Mitigations Exhibit D: Approved Rehabilitation Budget ARTICLE 2 LOAN PROVISIONS Section 2.1 Loan. Upon satisfaction of the conditions set forth in Section 2.5 of this Agreement, the County shall lend to Borrower the Loan for the purposes set forth in Section 2.3 of this Agreement. Borrower's obligation to repay the Loan is evidenced by the Note. Section 2.2 Interest. (a) Loan. Subject to the provisions of subsection (b) below, simple interest will accrue on the outstanding principal balance of the Loan at a per annum rate of interest equal to one percent (1%), commencing on the date of disbursement. (b) Default Interest. Upon the occurrence of an Event of a Default, interest on the outstanding principal balance of the Loan will begin to accrue, beginning on the date of such occurrence and continuing until the date the Loan is repaid in full or the Event of Default is cured, at the Default Rate. 7 Section 2.3 Use of Loan Funds. Borrower shall use the Loan for Rehabilitation costs, consistent with the Approved Rehabilitation Budget. Borrower may not use the Loan proceeds for any other purposes without the prior written consent of the County. Section 2.4 Security. In consideration of the Loan, Borrower shall (i) secure its obligation to repay the Loan, as evidenced by the Note, by executing the Deed of Trust, and cause or permit it to be recorded as a lien against the Property, and (ii) execute the Regulatory Agreement, and cause or permit it to be recorded against the Property. Section 2.5 Conditions Precedent to Disbursement of Loan Funds. The disbursements made pursuant to this Section 2.5 may not exceed [loan amount less $5,000] _________ Dollars ($___________). The County is not obligated to disburse any portion of the Loan, or to take any other action under the Loan Documents unless all of the following conditions have been and continue to be satisfied: (a) There exists no Event of Default nor any act, failure, omission or condition that would constitute an Event of Default under this Agreement; (b) Borrower has delivered to the County a copy of a corporate resolution authorizing Borrower to obtain the Loan and all other Approved Financing, and execute the Loan Documents; (c) There exists no material adverse change in the financial condition of Borrower from that shown by the financial statements and other data and information furnished by Borrower to the County prior to the date of this Agreement; (d) Borrower has furnished the County with evidence of the insurance coverage meeting the requirements of Section 4.15 below; (e) Borrower has executed and delivered to the County the Loan Documents and has caused all other documents, instruments, and policies required under the Loan Documents to be delivered to the County; (f) The Deed of Trust and the Regulatory Agreement have been recorded against the Property in the Office of the Recorder of the County of Contra Costa; (g) A title insurer reasonably acceptable to the County is unconditionally and irrevocably committed to issuing an LP-10 2006 ALTA Lender's Policy of title insurance insuring the priority of the Deed of Trust in the amount of the Loan, subject only to such exceptions and exclusions as may be reasonably acceptable to the County, and containing such endorsements as the County may reasonably require. The Borrower shall provide whatever 8 documentation (including an indemnification agreement), deposits or surety as reasonably required by the title company in order for the Deed of Trust to be senior in lien priority to any mechanics liens in connection with any start of construction that has occurred prior to the recordation of the Deed of Trust against the Property in the Office of the Recorder of the County of Contra Costa. (h) All environmental reviews necessary for the Rehabilitation have been completed, and Borrower has provided the County evidence of planned compliance with all NEPA and CEQA requirements and mitigation measures applicable to construction, and evidence of compliance with all NEPA and CEQA requirements and mitigation measures applicable to preconstruction; (i) The County has determined the undisbursed proceeds of the Loan, together with other funds or firm commitments for funds that Borrower has obtained in connection with the Rehabilitation, are not less than the amount the County determines is necessary to pay for the Rehabilitation and to satisfy all of the covenants contained in this Agreement and the Regulatory Agreement; (j) Borrower has obtained all permits and approvals necessary for the Rehabilitation; (k) The County has received and approved the Bid Package for the subcontractors for the Rehabilitation pursuant to Section 3.2 below; (l) The County has received and approved the general contractor's construction contract that the Borrower has entered or proposed to enter for the Rehabilitation pursuant to Section 3.3 below; (m) The County has received a written draw request from Borrower, including: (i) certification that the condition set forth in Section 2.6(a) continues to be satisfied; (ii) certification that the proposed uses of funds is consistent with the Approved Rehabilitation Budget; (iii) the amount of funds needed; and, (iv) where applicable, a copy of the bill or invoice covering a cost incurred or to be incurred. When a disbursement is requested to pay any contractor in connection with the Rehabilitation, the written request must be accompanied by: (1) certification by the Borrower's architect reasonably acceptable to the County that the work for which disbursement is requested has been completed (although the County reserves the right to inspect the Property and make an independent evaluation); and (2) lien releases and/or mechanics lien title insurance endorsements reasonably acceptable to the County. Section 2.6 Conditions Precedent to Disbursement of Retention. The County is not obligated to disburse the Retention Amount unless the following conditions precedent are satisfied: (a) The County has received a completion report from Borrower setting forth: (i) the income, household size, race, and ethnicity of Tenants of the Residence; (ii) 9 and the address, size, rent amount and utility allowance for the Residence; (b) The County has received the final account of all sources and uses of funds in accordance with Section 4.2; (c) The County has received from Borrower copies of the certificate of occupancy or equivalent final permit sign-offs for the Rehabilitation; (d) The County has received from Borrower current evidence of the insurance coverage meeting the requirements of Section 4.15 below; (e) The County has received from Borrower a form of Tenant lease; (f) The County has received from Borrower a Marketing Plan; (g) The County has received from Borrower evidence of marketing the Residence, such as copies of flyers, list of media ads, list of agencies and organizations receiving information on availability of the units in the Residence, as applicable; (h) The County has received from Borrower all relevant contract activity information, including compliance with Section 3 and MBE/WBE requirements; (i) If Borrower was required to comply with relocation requirements, the County has received from Borrower evidence of compliance with all applicable relocation requirements; (j) The County has received from Borrower evidence of compliance with all NEPA mitigation requirements as set forth in Exhibit C; and (k) The County has received a written draw request from Borrower, including certification that the condition set forth in Section 2.6(a) continues to be satisfied, and setting forth the proposed uses of funds consistent with the Approved Rehabilitation Budget, and, where applicable, a copy of the bill or invoice covering a cost incurred or to be incurred. Borrower shall apply the disbursement for the purpose(s) requested. Section 2.7 Repayment Schedule. (a) No periodic payments are required under this Note. Borrower shall pay the loan on or before [insert 30 years following the loan date]. (b) Payment in Full of Loan. Borrower shall pay all outstanding principal and accrued interest on the Loan, in full, on the earliest to occur of: (i) any Transfer other than as permitted pursuant to Section 4.14; or (ii) an Event of Default. (c) Prepayment. Borrower may prepay the Loan at any time without premium or penalty. However, the Regulatory Agreement and the Deed of Trust will remain in 10 effect for the entire Term, regardless of any prepayment or Transfer. Section 2.8 Non-Recourse. Except as provided below, neither Borrower, nor any partner of Borrower, has any direct or indirect personal liability for payment of the principal of, and interest on, the Loan. Following recordation of the Deed of Trust, the sole recourse of the County with respect to the principal of, or interest on, the Note will be to the property described in the Deed of Trust; provided, however, that nothing contained in the foregoing limitation of liability limits or impairs the enforcement of all the rights and remedies of the County against all such security for the Note, or impairs the right of County to assert the unpaid principal amount of the Note as demand for money within the meaning and intendment of Section 431.70 of the California Code of Civil Procedure or any successor provision thereto. The foregoing limitation of liability is intended to apply only to the obligation to repay the principal and interest on the Note. Except as hereafter set forth; nothing contained herein is intended to relieve Borrower of its obligation to indemnify the County under Sections 3.8, 3.9, 4.7(b)(vi), 4.8, and 7.4 of this Agreement, or liability for: (i) loss or damage of any kind resulting from waste, fraud or willful misrepresentation; (ii) the failure to pay taxes, assessments or other charges which may create liens on the Property that are payable or applicable prior to any foreclosure under the Deed of Trust (to the full extent of such taxes, assessments or other charges); (iii) the fair market value of any personal property or fixtures removed or disposed of by Borrower other than in accordance with the Deed of Trust; and (iv) the misappropriation of any proceeds under any insurance policies or awards resulting from condemnation or the exercise of the power of eminent domain or by reason of damage, loss or destruction to any portion of the Property. ARTICLE 3 REHABILITATION OF THE RESIDENCE Section 3.1 Permits and Approvals. Borrower shall obtain all permits and approvals necessary for the Rehabilitation no later than [___], 20__, or such later date that the County approves in writing. Section 3.2 Bid Package. Not later than thirty (30) days prior to Borrower's proposed date for advertising the Bid Package, Borrower shall submit to the County a copy of Borrower's proposed Bid Package. The County's Assistant Deputy Director, Department of Conservation and Development, or his or her designee, shall approve or disapprove the Bid Package within fifteen (15) days after receipt of the Bid Package by the County. If the County rejects the proposed Bid Package the reasons therefore must be given to Borrower. The Borrower will then have fifteen (15) days to revise the proposed Bid Package and resubmit it to the County. The County will then have fifteen (15) days to review and approve Borrower's new or corrected Bid Package. The provisions of this Section will continue to apply until a proposed Bid Package has been approved by the County. Borrower may not publish a proposed Bid Package until it has been approved by the County. Section 3.3 Construction Contract. 11 (a) Not later than fifteen (15) days prior to the proposed Commencement of Construction, Borrower shall submit to the County for its approval a draft of the proposed construction contract for the Rehabilitation. All construction work and professional services are to be performed by persons or entities licensed or otherwise authorized to perform the applicable construction work or service in the State of California. Each contract that Borrower enters for rehabilitation of the Development is to provide that at least ten percent (10%) of the costs incurred will be payable only upon completion of the rehabilitation, subject to early release of retention for specified subcontractors upon approval by the County. The construction contract will include all applicable CDBG requirements set forth in Section 4.8 below. The County's approval of the construction contract may not be deemed to constitute approval of or concurrence with any term or condition of the construction contract except as such term or condition may be required by this Agreement. (b) Upon receipt by the County of the proposed construction contract, the County shall promptly review same and approve or disapprove it within ten (10) days. If the construction contract is not approved by the County, the County shall set forth in writing and notify Borrower of the County's reasons for withholding such approval. Borrower shall thereafter submit a revised construction contract for County approval, which approval is to be granted or denied in ten (10) days in accordance with the procedures set forth above. Any construction contract executed by Borrower for the Development is to be in the form approved by the County. Section 3.4 Commencement of Construction. Borrower shall cause the Commencement of Construction to occur no later than ________________, or such later date that the County approves in writing. For the purposes of this Agreement, "Commencement of Construction" means the date work is set to begin on the Rehabilitation, as set forth in the notice to proceed issued by Borrower to Borrower's general contractor. Section 3.5 Completion of Construction. Borrower shall diligently prosecute the Rehabilitation to completion, and shall cause the Rehabilitation to be completed no later than _____, 20__ or such later date that the County approves in writing. Section 3.6 Changes; Construction Pursuant to Plans and Laws. (a) Changes. Borrower shall perform the Rehabilitation in conformance with (i) the plans and specifications approved by the City's Building Inspection Department, and (ii) the Approved Rehabilitation Budget. Borrower shall notify the County in a timely manner of any changes in the work required to be performed under this Agreement, including any additions, changes, or deletions to the plans and specifications approved by the City. Written authorization from the County must be obtained before any of the following changes, additions, or deletions in work may be performed: (i) any change in the work the cost 12 of which exceeds Fifteen Thousand Dollars ($15,000); or (ii) any set of changes in the work the cost of which cumulatively exceeds Twenty-Five Thousand Dollars ($25,000) or ten percent (10%) of the Loan amount, whichever is less; or (iii) any material change in building materials or equipment, specifications, or the structural or architectural design or appearance of the Residence as provided for in the plans and specifications approved by the County. The County's consent to any additions, changes, or deletions to the work does not relieve or release Borrower from any other obligations under this Agreement, or relieve or release Borrower or its surety from any surety bond. (b) Compliance with Laws. Borrower shall cause all work performed in connection with the Rehabilitation to be performed in compliance with: (i) all applicable laws, codes, ordinances, rules and regulations of federal, state, county or municipal governments or agencies now in force or that may be enacted hereafter; and (ii) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction. Borrower may permit the work to proceed only after procurement of each permit, license, or other authorization that may be required by any governmental agency having jurisdiction, and Borrower is responsible to the County for the procurement and maintenance thereof. Section 3.7 State Prevailing Wages. (a) To the extent required by applicable law, Borrower shall: (i) pay, and shall cause any consultants or contractors to pay, prevailing wages in performing the Rehabilitation as those wages are determined pursuant to California Labor Code Sections 1720 et seq.; (ii) cause any consultants or contractors to employ apprentices as required by California Labor Code Section 1777.5 et seq., and the implementing regulations of the Department of Industrial Relations (the "DIR"), and to comply with the other applicable provisions of California Labor Code Sections 1720 et seq., 1777.5 et seq., and implementing regulations of the DIR; (iii) keep and retain, and shall cause any consultants and contractors to keep and retain, such records as are necessary to determine if such prevailing wages have been paid as required pursuant to California Labor Code Section 1720 et seq., and apprentices have been employed are required by California Labor Code Section 1777.5 et seq.; (iv) post at the Property, or shall cause the contractor to post at the Property, the applicable prevailing rates of per diem wages. Copies of the currently applicable current per diem prevailing wages are available from DIR; 13 (v) cause contractors and subcontractors performing the Rehabilitation to be registered as set forth in California Labor Code Section 1725.5; (vi) cause its contractors and subcontractors, in all calls for bids, bidding materials and the construction contract documents for the Rehabilitation to specify that: (1) no contractor or subcontractor may be listed on a bid proposal nor be awarded a contract for the Rehabilitation unless registered with the DIR pursuant to California Labor Code Section 1725.5; and (2) the Rehabilitation is subject to compliance monitoring and enforcement by the DIR. (vii) provide the County all information required by California Labor Code Section 1773.3 as set forth in the DIR's online form PWC-100 within 2 days of the award of any contract (https://www.dir.ca.gov/pwc100ext/); (viii) cause its contractors to post job site notices, as prescribed by regulation by the DIR; and (ix) cause its contractors to furnish payroll records required by California Labor Code Section 1776 directly to the Labor Commissioner, at least monthly in the electronic format prescribed by the Labor Commissioner. (b) Borrower shall indemnify, hold harmless and defend (with counsel reasonably acceptable to the County) the County against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity (including Borrower, its contractor and subcontractors) to pay prevailing wages as determined pursuant to California Labor Code Section 1720 et seq., to employ apprentices pursuant to California Labor Code Section 1777.5 et seq., to meet the conditions of California Labor Code Section 1771.4, and implementing regulations of the DIR, or to comply with the other applicable provisions of California Labor Code Sections 1720 et seq., 1777.5 et seq., and 1771.4, and the implementing regulations of the DIR, in connection with the rehabilitation of the Development or any other work undertaken or in connection with the Property. The requirements in this Section survive the repayment of the Loan, and the re-conveyance of the Deed of Trust. Section 3.8 Accessibility. Borrower shall perform the Rehabilitation in compliance with all applicable federal and state disabled persons accessibility requirements including but not limited to the Federal Fair Housing Act; Section 504 of the Rehabilitation Act of 1973 ("Section 504"); Title II and/or Title III of the Americans with Disabilities Act; and Title 24 of the California Code of Regulations (collectively, the "Accessibility Requirements"). Non-substantial alterations must comply with 24 C.F.R. 8.23(b). In compliance with Section 504 Borrower shall provide the County with a 14 certification from Borrower’s architect that to the best of the architect's knowledge, the Residence complies with all federal and state accessibility requirements applicable to the Residence. Borrower shall indemnify, hold harmless and defend (with counsel reasonably acceptable to the County) the County against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity (including Borrower, its architect, contractor and subcontractors) to perform the Rehabilitation in accordance with the Accessibility Requirements. The requirements in this Subsection survive repayment of the Loan and the re-conveyance of the Deed of Trust. Section 3.9 Marketing Plan. (a) No later than six (6) months prior to the date the Rehabilitation is projected to be complete, Borrower shall submit to the County for approval its plan for marketing the Residence to income-eligible households as required by the Regulatory Agreement (the "Marketing Plan"). (b) Upon receipt of the Marketing Plan, the County will promptly review the Marketing Plan and will approve or disapprove it within fifteen (15) days after receipt. If the Marketing Plan is not approved, the County will give Borrower specific reasons for such disapproval and Borrower shall submit a revised Marketing Plan within fifteen (15) days of notification of the County's disapproval. Borrower shall follow this procedure for resubmission of a revised Marketing Plan until the Marking Plan is approved by the County. If the Borrower does not submit a revised Marketing Plan that is approved by the County at least three (3) months prior to the date the Rehabilitation is projected to be complete, Borrower will be in default of this Agreement. Section 3.10 Equal Opportunity. During the performance of the Rehabilitation, discrimination on the basis of race, color, creed, religion, age, sex, sexual orientation, marital status, national origin, ancestry, or disability in the hiring, firing, promoting, or demoting of any person engaged in the construction work is not allowed. Section 3.11 Minority and Women-Owned Contractors. Borrower shall use its best efforts to afford minority-owned and women-owned business enterprises the maximum practicable opportunity to participate in the Rehabilitation. Borrower shall, at a minimum, notify applicable minority-owned and women-owned business firms located in Contra Costa County of bid opportunities for the Rehabilitation. A listing of minority-owned and women-owned businesses located in the County and neighboring counties is available from the County. Documentation of such notifications must be maintained by Borrower and available to the County upon request. Section 3.12 Progress Reports. Until the Completion Date, Borrower shall provide the County with quarterly progress 15 reports regarding the status of the Rehabilitation, including a certification that the actual construction costs to date conform to the Approved Rehabilitation Budget, as it may be amended from time to time pursuant to Section 3.17 below. Section 3.13 Construction Responsibilities. (a) Borrower is responsible for the coordination and scheduling of the work to be performed so that commencement and completion of the Rehabilitation takes place in accordance with this Agreement. (b) Borrower is solely responsible for all aspects of Borrower's conduct in connection with the Rehabilitation, including (but not limited to) the quality and suitability of the plans and specifications, the supervision of construction work, and the qualifications, financial condition, and performance of all architects, engineers, contractors, subcontractors, suppliers, consultants, and property managers. Any review or inspection undertaken by the County with reference to the Rehabilitation is solely for the purpose of determining whether Borrower is properly discharging its obligations to the County, and may not be relied upon by Borrower or by any third parties as a warranty or representation by the County as to the quality of the design or end result. Section 3.14 Mechanics Liens, Stop Notices, and Notices of Completion. (a) If any claim of lien is filed against the Property or a stop notice affecting the Loan is served on the County or any other lender or other third party in connection with the Rehabilitation, then Borrower shall, within twenty (20) days after such filing or service, either pay and fully discharge the lien or stop notice, effect the release of such lien or stop notice by delivering to the County a surety bond in sufficient form and amount, or provide the County with other assurance satisfactory to the County that the claim of lien or stop notice will be paid or discharged. (b) If Borrower fails to discharge any lien, encumbrance, charge, or claim in the manner required in this Section, then in addition to any other right or remedy, the County may (but is under no obligation to) discharge such lien, encumbrance, charge, or claim at Borrower's expense. Alternately, the County may require Borrower to immediately deposit with the County the amount necessary to satisfy such lien or claim and any costs, pending resolution thereof. The County may use such deposit to satisfy any claim or lien that is adversely determined against Borrower. (c) Borrower shall file a valid notice of cessation or notice of completion upon cessation of construction work on the Rehabilitation for a continuous period of thirty (30) days or more, and take all other steps necessary to forestall the assertion of claims of lien against the Property. Borrower authorizes the County, but the County has no obligation, to record any notices of completion or cessation of labor, or any other notice that the County deems necessary or desirable to protect its interest in the Property. Section 3.15 Inspections. 16 Borrower shall permit and facilitate, and shall require its contractors to permit and facilitate, observation and inspection of the Property by the County and by public authorities during reasonable business hours during the Term, for the purposes of determining compliance with this Agreement. Section 3.16 Approved Development Budget; Revisions to Budget. As of the date of this Agreement, the County has approved the Approved Rehabilitation Budget set forth in Exhibit D. Borrower shall submit any required amendments to the Approved Rehabilitation Budget to the County for approval within five (5) days after the date Borrower receives information indicating that actual costs of the Rehabilitation vary or will vary from the costs shown on the Approved Rehabilitation Budget. Written consent of the County will be required to amend the Approved Rehabilitation Budget. Section 3.17 NEPA Mitigation Requirements. Borrower shall comply with any applicable lead or asbestos requirements. ARTICLE 4 LOAN REQUIREMENTS Section 4.1 Reserve Accounts. (a) Replacement Reserve Account. Borrower shall establish and maintain an account that is available for capital expenditures for repairs and replacement necessary to maintain the Property in the condition required by the Loan Documents (the "Replacement Reserve Account"). Borrower shall make annual deposits to the Replacement Reserve Account in the amount of Six Hundred Dollars ($600). In no event shall the annual amount deposited in the Replacement Reserve Account exceed Five Thousand Dollars ($5,000) per unit, increasing by the applicable consumer price index every five (5) years, or such greater amount approved by the County. (b) Operating Reserve Account. Borrower shall establish and maintain an account that is available to fund operating deficits (which is the amount by which Annual Operating Expenses exceed Gross Revenue for any period) (the "Operating Reserve Account"). Borrower shall capitalize the Operating Reserve Account with three months of Annual Operating Expenses. In no event may the amount held in the Operating Reserve Account exceed six (6) months gross rent from the Residence (as such rent may vary from time to time). Section 4.2 Financial Accountings and Post-Completion Audits. No later than ninety (90) days following completion of the Rehabilitation, Borrower shall provide to the County for its review and approval a financial accounting of all sources and uses of funds for the Rehabilitation. 17 Section 4.3 Approval of Annual Operating Budget. At the beginning of each year of the Term, Borrower shall provide to the County an annual budget for the operation of the Residence. The County may request additional information to assist the County in evaluating the financial viability of the Residence. Unless rejected by the County in writing within thirty (30) days after receipt of the budget, the budget will be deemed accepted. If rejected by the County in whole or in part, Borrower shall submit a new or corrected budget within thirty (30) calendar days after notification of the County's rejection and the reasons therefor. The provisions of this Section relating to time periods for resubmission of new or corrected budgets will continue to apply until such budget has been approved by the County. Section 4.4 Information. Borrower shall provide any information reasonably requested by the County in connection with the Property, including (but not limited to) any information required by HUD in connection with Borrower's use of the Loan funds. Section 4.5 Records. (a) Borrower shall keep and maintain at the principal place of business of the Borrower set forth in Section 7.9 below, or elsewhere with the County's written consent, full, complete and appropriate books, records and accounts relating to the Property. Borrower shall cause all books, records and accounts relating to its compliance with the terms, provisions, covenants and conditions of this Agreement to be kept and maintained in accordance with generally accepted accounting principles consistently applied, and to be consistent with requirements of this Agreement. Borrower shall cause all books, records, and accounts to be open to and available for inspection and copying by HUD, the County, its auditors or other authorized representatives at reasonable intervals during normal business hours. Borrower shall cause copies of all tax returns and other reports that Borrower may be required to furnish to any government agency to be open for inspection by the County at all reasonable times at the place that the books, records and accounts of Borrower are kept. Borrower shall preserve such records for a period of not less than five (5) years after their creation in compliance with all HUD records and accounting requirements. If any litigation, claim, negotiation, audit exception, monitoring, inspection or other action relating to the use of the Loan is pending at the end of the record retention period stated herein, then Borrower shall retain the records until such action and all related issues are resolved. Borrower shall cause the records to include all invoices, receipts, and other documents related to expenditures from the Loan funds. Borrower shall cause records to be accurate and current and in a form that allows the County to comply with the record keeping requirements contained in 24 C.F.R. 570.506. Such records are to include but are not limited to: (i) Records providing a full description of the activities undertaken with the use of the Loan funds; (ii) Records demonstrating the eligibility of activities under the CDBG Regulations set forth in 24 C.F.R. 570 et seq., and that use of the CDBG Funds meets one 18 of the national objectives of the CDBG program set forth in 24 C.F.R. Section 570.208; (iii) Records demonstrating compliance with the HUD property standards and lead-based paint requirements; (iv) Records documenting compliance with the fair housing, equal opportunity, and affirmative fair marketing requirements; (v) Financial records as required by 24 C.F.R. 570.502, and 2 C.F.R. Part 200; (vi) Records demonstrating compliance with the CDBG marketing, tenant selection, affordability, and income requirements; (vii) Records demonstrating compliance with MBE/WBE requirements; (viii) Records demonstrating compliance with 24 C.F.R. Part 135 which implements Section 3 of the Housing Development Act of 1968; (ix) Records demonstrating compliance with applicable relocation requirements, which must be retained for at least five (5) years after the date by which persons displaced from the property have received final payments; and (x) Records demonstrating compliance with labor requirements including certified payrolls from Borrower's general contractor evidencing that applicable prevailing wages have been paid. (b) The County shall notify Borrower of any records it deems insufficient. Borrower has fifteen (15) calendar days after the receipt of such a notice to correct any deficiency in the records specified by the County in such notice, or if a period longer than fifteen (15) days is reasonably necessary to correct the deficiency, then Borrower must begin to correct the deficiency within fifteen (15) days and correct the deficiency as soon as reasonably possible. Section 4.6 County Audits. (a) Each year, Borrower shall provide the County with a copy of Borrower's annual audit, which is to include information on all of Borrower's activities and not just those pertaining to the Residence. Borrower shall also follow the applicable audit requirements of 2 C.F.R. Part 200. (b) In addition, the County may, at any time, audit all of Borrower's books, records, and accounts pertaining to the Residence. Any such audit is to be conducted during normal business hours at the principal place of business of Borrower and wherever records are kept. Immediately after the completion of an audit, the County shall deliver a copy 19 of the results of the audit to Borrower. (c) If it is determined as a result of an audit that there has been a deficiency in a loan repayment to the County then such deficiency will become immediately due and payable, with interest at the Default Rate from the date the deficient amount should have been paid. Section 4.7 CDBG Requirements. (a) Borrower shall comply with all applicable laws and regulations governing the use of the CDBG Funds as set forth in 24 C.F.R. Part 570, including the requirements of the Regulatory Agreement and CDBG Project Agreement. In the event of any conflict between this Agreement and applicable laws and regulations governing the use of the Loan funds, the applicable laws and regulations govern. (b) The laws and regulations governing the use of the Loan funds include (but are not limited to) the following: (i) Environmental and Historic Preservation. 24 C.F.R. Part 58, which prescribes procedures for compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4361), and the additional laws and authorities listed at 24 C.F.R. 58.5; (ii) Applicability of Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The applicable policies, guidelines, and requirements of 2 C.F.R. Part 200; (iii) Debarred, Suspended or Ineligible Contractors. The prohibition on the use of debarred, suspended, or ineligible contractors set forth in 24 C.F.R. Part 24; (iv) Civil Rights, Housing and Community Development, and Age Discrimination Acts. The Fair Housing Act (42 U.S.C. 3601 et seq.) and implementing regulations at 24 C.F.R. Part 100; Title VI of the Civil Rights Act of 1964 as amended; Title VIII of the Civil Rights Act of 1968 as amended; Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended; Section 504 of the Rehabilitation Act of 1973 (29 USC 794, et seq.); the Age Discrimination Act of 1975 (42 USC 6101, et seq.); Executive Order 11063 as amended by Executive Order 12259 and implementing regulations at 24 C.F.R. Part 107; Executive Order 11246 as amended by Executive Orders 11375, 12086, 11478, 12107; Executive Order 11625 as amended by Executive Order 12007; Executive Order 12432; Executive Order 12138 as amended by Executive Order 12608; (v) Lead-Based Paint. The requirement of the Lead-Based Paint Poisoning Prevention Act, as amended (42 U.S.C. 4821 et seq.), the Residential Lead- Based Paint Hazard Reduction Act (42 U.S.C. 4851 et seq.), and implementing regulations at 24 C.F.R. Part 35; 20 (vi) Relocation. The requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.), and implementing regulations at 49 C.F.R. Part 24; 24 C.F.R. 570.606; Section 104(d) of the Housing and Community Development Act of 1974 and implementing regulations at 24 C.F.R. 42 et seq.; and California Government Code Section 7260 et seq. and implementing regulations at 25 California Code of Regulations Sections 6000 et seq. If and to the extent that the Rehabilitation results in the permanent or temporary displacement of residential tenants, homeowners, or businesses, then Borrower shall comply with all applicable local, state, and federal statutes and regulations with respect to relocation planning, advisory assistance, and payment of monetary benefits. Borrower shall prepare and submit a relocation plan to the County for approval. Borrower is solely responsible for payment of any relocation benefits to any displaced persons and any other obligations associated with complying with such relocation laws. Borrower shall indemnify, defend (with counsel reasonably chosen by the County), and hold harmless the County against all claims that arise out of relocation obligations to residential tenants, homeowners, or businesses permanently or temporarily displaced by the Rehabilitation; (vii) Discrimination against the Disabled. The requirements of the Fair Housing Act (42 U.S.C. 3601 et seq.) and implementing regulations at 24 C.F.R. Part 100; Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and federal regulations issued pursuant thereto, which prohibit discrimination against the disabled in any federally assisted program, the requirements of the Architectural Barriers Act of 1968 (42 U.S.C. 4151- 4157) and the applicable requirements of Title II and/or Title III of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.), and federal regulations issued pursuant thereto; (viii) Clean Air and Water Acts. The Clean Air Act, as amended, 42 U.S.C. 7401 et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 C.F.R. Part 1500, as amended from time to time; (ix) Uniform Administrative Requirements. The provisions of 24 C.F.R. 570.502 regarding cost and auditing requirements; (x) Training Opportunities. The requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u ("Section 3"), requiring that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the project area and agreements for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in, the areas of the project. Borrower agrees to include the following language in all subcontracts executed under this Agreement: (1) The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, 21 particularly persons who are recipients of HUD assistance for housing. (2) The parties to this contract agree to comply with HUD's regulations in 24 C.F.R. Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. (3) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause; and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference; shall set forth minimum number and job titles subject to hire; availability of apprenticeship and training positions; the qualifications for each; the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. (4) The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 C.F.R. Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 C.F.R. Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 C.F.R. Part 135. (5) The contractor will certify that any vacant employment positions, including training positions, that are filled (A) after the contractor is selected but before the contract is executed, and (B) with persons other than those to whom the regulations of 24 C.F.R. Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 C.F.R. Part 135. (6) Noncompliance with HUD's regulations in 24 C.F.R. Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. (7) With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). 22 (xi) Labor Standards. The labor requirements set forth in 24 C.F.R. 570.603; the prevailing wage requirements of the Davis-Bacon Act and implementing rules and regulations (40 U.S.C. 3141-3148); the Copeland "Anti-Kickback" Act (40 U.S.C. 276(c)) which requires that workers be paid at least once a week without any deductions or rebates except permissible deductions; the Contract Work Hours and Safety Standards Act – CWHSSA (40 U.S.C. 3701-3708) which requires that workers receive "overtime" compensation at a rate of 1-1/2 times their regular hourly wage after they have worked forty (40) hours in one (1) week; and Title 29, Code of Federal Regulations, Subtitle A, Parts 1, 3 and 5 are the regulations and procedures issued by the Secretary of Labor for the administration and enforcement of the Davis-Bacon Act, as amended; (xii) Drug Free Workplace. The requirements of the Drug Free Workplace Act of 1988 (P.L. 100-690) and implementing regulations at 24 C.F.R. Part 24; (xiii) Anti-Lobbying; Disclosure Requirements. The disclosure requirements and prohibitions of 31 U.S.C. 1352 and implementing regulations at 24 C.F.R. Part 87; (xiv) Historic Preservation. The historic preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. Section 470) and the procedures set forth in 36 C.F.R. Part 800. If archeological, cultural, or historic period resources are discovered during construction, all construction work must come to a halt and Borrower shall immediately notify the County. Borrower shall not shall alter or move the discovered material(s) until all appropriate procedures for "post-review discoveries" set forth in Section 106 of the National Historic Preservation Act have taken place, which include, but are not limited to, consultation with the California State Historic Preservation Officer and evaluation of the discovered material(s) by a qualified professional archeologist; (xv) Flood Disaster Protection. The requirements of the Flood Disaster Protection Act of 1973 (P.L. 93-234) (the "Flood Act"). No portion of the assistance provided under this Agreement is approved for acquisition or construction purposes as defined under Section 3(a) of the Flood Act, for use in an area identified by HUD as having special flood hazards which is not then in compliance with the requirements for participation in the national flood insurance program pursuant to Section 201(d) of the Flood Act. The use of any assistance provided under this Agreement for such acquisition or construction in such identified areas in communities then participating in the National Flood Insurance Program is subject to the mandatory purchase of flood insurance requirements of Section 102(a) of the Flood Act. If the Property is located in an area identified by HUD as having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001 et seq., the property owner and its successors or assigns must obtain and maintain, during the ownership of the Property, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under -Section 102(s) of the Flood Act. Such provisions are required notwithstanding the fact that the construction on the Property is not itself funded with assistance provided under this Agreement. (xvi) Religious Organizations. If the Borrower is a religious 23 organization, as defined by the CDBG requirements, the Borrower shall comply with all conditions prescribed by HUD for the use of CDBG Funds by religious organizations, including the First Amendment of the United States Constitution regarding church/state principles and the applicable constitutional prohibitions set forth in 24 C.F.R. 570.200(j); (xvii) Violence Against Women. The requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs; and (xviii) HUD Regulations. Any other HUD regulations present or as may be amended, added, or waived in the future pertaining to the Loan funds. Section 4.8 Hazardous Materials. (a) Borrower shall keep and maintain the Property (including but not limited to, soil and ground water conditions) in compliance with all Hazardous Materials Laws and may not cause or permit the Property to be in violation of any Hazardous Materials Law. Borrower may not cause or permit the use, generation, manufacture, storage or disposal of on, under, or about the Property or transportation to or from the Property of any Hazardous Materials, except such of the foregoing as may be customarily used in construction of structures like the Residence or kept and used in and about residential property of this type. (b) Borrower shall immediately advise the County in writing if at any time it receives written notice of any Hazardous Materials Claims, and Borrower's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property that could cause the Property or any part thereof to be classified as "border-zone property" (as defined in California Health and Safety Code Section 25117.4) under the provision of California Health and Safety Code, Section 25220 et seq., or any regulation adopted in accordance therewith, or to be otherwise subject to any restrictions on the ownership, occupancy, transferability or use of the Property under any Hazardous Materials Law. (c) The County has the right to join and participate in, as a party if it so elects, and be represented by counsel acceptable to the County (or counsel of its own choice if a conflict exists with Borrower) in any legal proceedings or actions initiated in connection with any Hazardous Materials Claims and to have its reasonable attorneys' fees in connection therewith paid by Borrower. (d) Borrower shall indemnify and hold harmless the County and its board members, supervisors, directors, officers, employees, agents, successors and assigns from and against any loss, damage, cost, fine, penalty, judgment, award, settlement, expense or liability, directly or indirectly arising out of or attributable to: (i) any actual or alleged past or present violation of any Hazardous Materials Law; (ii) any Hazardous Materials Claim; (iii) any actual or alleged past or present use, generation, manufacture, storage, release, threatened release, discharge, disposal, transportation, or presence of Hazardous Materials on, under, or about the Property; (iv) any investigation, cleanup, remediation, removal, or restoration work of site conditions of the Property relating to Hazardous Materials (whether on the Property or any 24 other property); and (v) the breach of any representation of warranty by or covenant of Borrower in this Section 4.8, and Section 5.1(l). Such indemnity shall include, without limitation: (x) all consequential damages; (y) the costs of any required or necessary investigation, repair, cleanup or detoxification of the Property and the preparation and implementation of any closure, remedial or other required plans; and (z) all reasonable costs and expenses incurred by the County in connection with clauses (x) and (y), including but not limited to reasonable attorneys' fees and consultant fees. This indemnification applies whether or not any government agency has issued a cleanup order. Losses, claims, costs, suits, liability, and expenses covered by this indemnification provision include, but are not limited to: (1) losses attributable to diminution in the value of the Property, (2) loss or restriction of use of rentable space on the Property, (3) adverse effect on the marketing of any rental space on the Property, and (4) penalties and fines levied by, and remedial or enforcement actions of any kind issued by any regulatory agency (including but not limited to the costs of any required testing, remediation, repair, removal, cleanup or detoxification of the Property and surrounding properties). This obligation to indemnify will survive termination of this Agreement and will not be diminished or affected in any respect as a result of any notice, disclosure, knowledge, if any, to or by the County of Hazardous Materials. (e) Without the County's prior written consent, which will not be unreasonably withheld, Borrower may not take any remedial action in response to the presence of any Hazardous Materials on, under or about the Property, nor enter into any settlement agreement, consent decree, or other compromise in respect to any Hazardous Material Claims, which remedial action, settlement, consent decree or compromise might, in the County's judgment, impair the value of the County's security hereunder; provided, however, that the County's prior consent is not necessary in the event that the presence of Hazardous Materials on, under, or about the Property either poses an immediate threat to the health, safety or welfare of any individual or is of such a nature that an immediate remedial response is necessary and it is not reasonably possible to obtain the County's consent before taking such action, provided that in such event Borrower shall notify the County as soon as practicable of any action so taken. The County agrees not to withhold its consent, where such consent is required hereunder, if: (i) a particular remedial action is ordered by a court of competent jurisdiction; (ii) Borrower will or may be subjected to civil or criminal sanctions or penalties if it fails to take a required action; (iii) Borrower establishes to the satisfaction of the County that there is no reasonable alternative to such remedial action which would result in less impairment of the County's security hereunder; or (iv) the action has been agreed to by the County. (f) Borrower hereby acknowledges and agrees that: (i) this Section is intended as the County's written request for information (and Borrower's response) concerning the environmental condition of the Property as required by California Code of Civil Procedure Section 726.5; and (ii) each representation and warranty in this Agreement (together with any indemnity obligation applicable to a breach of any such representation and warranty) with respect to the environmental condition of the Property is intended by the Parties to be an "environmental provision" for purposes of California Code of Civil Procedure Section 736. (g) In the event that any portion of the Property is determined to be "environmentally impaired" (as that term is defined in California Code of Civil Procedure 25 Section 726.5(e)(3)) or to be an "affected parcel" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(1)), then, without otherwise limiting or in any way affecting the County's or the trustee's rights and remedies under the Deed of Trust, the County may elect to exercise its rights under California Code of Civil Procedure Section 726.5(a) to: (i) waive its lien on such environmentally impaired or affected portion of the Property; and (ii) exercise, (1) the rights and remedies of an unsecured creditor, including reduction of its claim against Borrower to judgment, and (2) any other rights and remedies permitted by law. For purposes of determining the County's right to proceed as an unsecured creditor under California Code of Civil Procedure Section 726.5(a), Borrower will be deemed to have willfully permitted or acquiesced in a release or threatened release of Hazardous Materials, within the meaning of California Code of Civil Procedure Section 726.5(d)(1), if the release or threatened release of Hazardous Materials was knowingly or negligently caused or contributed to by any lessee, occupant, or user of any portion of the Property and Borrower knew or should have known of the activity by such lessee, occupant, or user which caused or contributed to the release or threatened release. All costs and expenses, including (but not limited to) attorneys' fees, incurred by the County in connection with any action commenced under this paragraph, including any action required by California Code of Civil Procedure Section 726.5(b) to determine the degree to which the Property is environmentally impaired, plus interest thereon at the Default Rate, until paid, will be added to the indebtedness secured by the Deed of Trust and is due and payable to the County upon its demand made at any time following the conclusion of such action. Section 4.9 Maintenance; Damage and Destruction. (a) During the course of both rehabilitation and operation of the Residence, Borrower shall maintain the Residence and the Property in good repair and in a neat, clean and orderly condition. If there arises a condition in contravention of this requirement, and if Borrower has not cured such condition within thirty (30) days after receiving a County notice of such a condition, then in addition to any other rights available to the County, the County may perform all acts necessary to cure such condition, and to establish or enforce a lien or other encumbrance against the Property, subject to the provisions provided in subsection (b) below. (b) Subject to the requirements of senior lenders, and if economically feasible in the County's judgment after consultation with Borrower, if any improvement now or in the future on the Property is damaged or destroyed, then Borrower shall, at its cost and expense, diligently undertake to repair or restore such improvement consistent with the plans and specifications approved by the County with such changes as have been approved by the County. Such work or repair is to be commenced no later than the later of one hundred twenty (120) days, or such longer period approved by the County in writing, after the damage or loss occurs or thirty (30) days following receipt of the insurance proceeds, and is to be complete within one (1) year thereafter. Any insurance proceeds collected for such damage or destruction are to be applied to the cost of such repairs or restoration and, if such insurance proceeds are insufficient for such purpose, then Borrower shall make up the deficiency. If Borrower does not promptly make such repairs then any insurance proceeds collected for such damage or destruction are to be promptly delivered by Borrower to the County as a special repayment of the Loan, subject to the rights of the senior lenders, if any. 26 Section 4.10 Fees and Taxes. Borrower is solely responsible for payment of all fees, assessments, taxes, charges, and levies imposed by any public authority or utility company with respect to the Property or the Residence, and shall pay such charges prior to delinquency. However, Borrower is not required to pay and discharge any such charge so long as: (i) the legality thereof is being contested diligently and in good faith and by appropriate proceedings; and (ii) if requested by the County, Borrower deposits with the County any funds or other forms of assurance that the County in good faith from time to time determines appropriate to protect the County from the consequences of the contest being unsuccessful. Section 4.11 Notice of Litigation. Borrower shall promptly notify the County in writing of any litigation that has the potential to materially affect Borrower or the Property and of any claims or disputes that involve a material risk of such litigation. Section 4.12 Operation of Development as Affordable Housing. Borrower shall operate the Residence as affordable housing consistent with: (i) HUD's requirements for use of CDBG Funds; (ii) the Regulatory Agreement; and (iii) any other regulatory requirements imposed on Borrower. Section 4.13 Nondiscrimination. (a) Borrower covenants by and for itself and its successors and assigns that there will be no discrimination against or segregation of a person or of a group of persons on account of race, color, religion, creed, age (except for lawful senior housing in accordance with state and federal law), familial status, disability, sex, sexual orientation, marital status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor may Borrower or any person claiming under or through Borrower establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Property. The foregoing covenant will run with the land. (b) Nothing in this Section prohibits Borrower from requiring the Residence to be available to and occupied by income eligible households in accordance with the Regulatory Agreement. Section 4.14 Transfer. (a) For purposes of this Agreement, "Transfer" means any sale, assignment, or transfer, whether voluntary or involuntary, of: (i) any rights and/or duties under this Agreement; and/or (ii) any interest in the Property, including (but not limited to) a fee simple interest, a joint tenancy interest, a life estate, a partnership interest, a leasehold interest, a security interest, or an interest evidenced by a land contract by which possession of the Property is 27 transferred and Borrower retains title. The term "Transfer" excludes the leasing of the Residence to an occupant in compliance with the Regulatory Agreement. (b) Except as otherwise permitted in this Section 4.14, no Transfer is permitted without the prior written consent of the County, which the County may withhold in its sole discretion. The Loan will automatically accelerate and be due in full upon any Transfer made without the prior written consent of the County. Section 4.15 Insurance Requirements. (a) Borrower shall maintain the following insurance coverage throughout the Term of the Loan: (i) Workers' Compensation insurance to the extent required by law, including Employer's Liability coverage, with limits not less than One Million Dollars ($1,000,000) each accident. (ii) Commercial General Liability insurance with limits not less than Two Million Dollars ($2,000,000) each occurrence combined single limit for Bodily Injury and Property Damage, including coverages for Contractual Liability, Personal Injury, Broadform Property Damage, Products and Completed Operations. (iii) Automobile Liability insurance with limits not less than One Million Dollars ($1,000,000) each occurrence combined single limit for Bodily Injury and Property Damage, including coverages for owned, non-owned and hired vehicles, as applicable. (iv) Builders' Risk insurance during the course of construction, and upon completion of construction, property insurance covering the Residence, in form appropriate for the nature of such property, covering all risks of loss, excluding earthquake, for one hundred percent (100%) of the replacement value, with deductible, if any, acceptable to the County, naming the County as a Loss Payee, as its interests may appear. Flood insurance must be obtained if required by applicable federal regulations. (v) Commercial crime insurance covering all officers and employees, for loss of Loan proceeds caused by dishonesty, in an amount approved by the County, naming the County a Loss Payee, as its interests may appear. (b) Borrower shall cause any general contractor, agent, or subcontractor working on the Development under direct contract with Borrower or subcontract to maintain insurance of the types and in at least the minimum amounts described in subsections (i), (ii), and (iii) above, except that the limit of liability for commercial general liability insurance for subcontractors must be One Million Dollars ($1,000,000), and must require that such insurance will meet all of the general requirements of subsections (d) and (e) below. (c) The required insurance must be provided under an occurrence form, and Borrower shall maintain the coverage described in subsection (a) continuously 28 throughout the Term. Should any of the required insurance be provided under a form of coverage that includes an annual aggregate limit or provides that claims investigation or legal defense costs be included in such annual aggregate limit, such annual aggregate limit must be three times the occurrence limits specified above. (d) Commercial General Liability, Automobile Liability and Property insurance policies must be endorsed to name as an additional insured the County and its officers, agents, employees and members of the County Board of Supervisors. (e) All policies and bonds are to contain: (i) the agreement of the insurer to give the County at least thirty (30) days' notice prior to cancellation (including, without limitation, for non-payment of premium) or any material change in said policies; (ii) an agreement that such policies are primary and non-contributing with any insurance that may be carried by the County; (iii) a provision that no act or omission of Borrower shall affect or limit the obligation of the insurance carrier to pay the amount of any loss sustained; and (iv) a waiver by the insurer of all rights of subrogation against the County and its authorized parties in connection with any loss or damage thereby insured against. Section 4.16 Anti-Lobbying Certification. (a) Borrower certifies, to the best of Borrower's knowledge or belief, that: (i) No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; (ii) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. (b) This certification is a material representation of fact upon which reliance was placed when this Agreement was made or entered into. Submission of this certification is a prerequisite for making or entering into this Agreement imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than Ten Thousand Dollars ($10,000) and no more than One Hundred Thousand Dollars ($100,000) for such failure. Section 4.17 Covenants Regarding Approved Financing. 29 (a) Borrower shall promptly pay the principal and interest when due on any Approved Financing. (b) Borrower shall promptly notify the County in writing of the existence of any default under any documents evidencing Approved Financing whether or not a default has been declared by the lender, and provide the County copies of any notice of default. (c) Borrower may not amend, modify, supplement, cancel or terminate any documents related to any loan that is part of the Approved Financing without the prior written consent of the County except for amendments solely to effectuate Transfers permitted under Section 4.14 above. (d) Borrower may not incur any indebtedness of any kind other than Approved Financing or encumber the Property with any liens (other than liens for Approved Financing approved by the County) without the prior written consent of the County. (e) Borrower may not enter into any contracts with provisions that conflict with the provisions of this Agreement. ARTICLE 5 REPRESENTATIONS AND WARRANTIES OF BORROWER Section 5.1 Representations and Warranties. Borrower hereby represents and warrants to the County as follows and acknowledges, understands, and agrees that the representations and warranties set forth in this Article 5 are deemed to be continuing during all times when any portion of the Loan remains outstanding: (a) Organization. Borrower is duly organized, validly existing and in good standing under the laws of the State of California and has the power and authority to own its property and carry on its business as now being conducted. (b) Authority of Borrower. Borrower has full power and authority to execute and deliver this Agreement and to make and accept the borrowings contemplated hereunder, to execute and deliver the Loan Documents and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement, and to perform and observe the terms and provisions of all of the above. (c) Authority of Persons Executing Documents. This Agreement and the Loan Documents and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement have been executed and delivered by persons who are duly authorized to execute and deliver the same for and on behalf of Borrower, and all actions required under Borrower's organizational documents and applicable governing law for the authorization, execution, delivery and performance of this Agreement and the Loan Documents and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement, have been duly taken. 30 (d) Valid Binding Agreements. The Loan Documents and all other documents or instruments executed and delivered pursuant to or in connection with this Agreement constitute or, if not yet executed or delivered, will when so executed and delivered constitute, legal, valid and binding obligations of Borrower enforceable against it in accordance with their respective terms. (e) No Breach of Law or Agreement. Neither the execution nor delivery of the Loan Documents or of any other documents or instruments executed and delivered, or to be executed or delivered, pursuant to this Agreement, nor the performance of any provision, condition, covenant or other term hereof or thereof, will: (i) conflict with or result in a breach of any statute, rule or regulation, or any judgment, decree or order of any court, board, commission or agency whatsoever that is binding on Borrower, or conflict with any provision of the organizational documents of Borrower, or conflict with any agreement to which Borrower is a party; or (ii) result in the creation or imposition of any lien upon any assets or property of Borrower, other than liens established pursuant hereto. (f) Compliance with Laws; Consents and Approvals. The Rehabilitation will comply with all applicable laws, ordinances, rules and regulations of federal, state and local governments and agencies and with all applicable directions, rules and regulations of the fire marshal, health officer, building inspector and other officers of any such government or agency. (g) Pending Proceedings. Borrower is not in default under any law or regulation or under any order of any court, board, commission or agency whatsoever, and there are no claims, actions, suits or proceedings pending or, to the knowledge of Borrower, threatened against or affecting Borrower or the Development, at law or in equity, before or by any court, board, commission or agency whatsoever which might, if determined adversely to Borrower, materially affect Borrower's ability to repay the Loan or impair the security to be given to the County pursuant hereto. (h) Title to Land. At the time of recordation of the Deed of Trust, Borrower will have good and marketable fee title to the Development and there will exist thereon or with respect thereto no mortgage, lien, pledge or other encumbrance of any character whatsoever other than liens for current real property taxes and liens in favor of the County or approved in writing by the County. (i) Financial Statements. The financial statements of Borrower and other financial data and information furnished by Borrower to the County fairly and accurately present the information contained therein. As of the date of this Agreement, there has not been any material adverse change in the financial condition of Borrower from that shown by such financial statements and other data and information. (j) Sufficient Funds. Borrower holds sufficient funds and/or binding commitments for sufficient funds to complete the rehabilitation of the Development in accordance with the terms of this Agreement. 31 (k) Taxes. Borrower and its subsidiaries have filed all federal and other material tax returns and reports required to be filed, and have paid all federal and other material taxes, assessments, fees and other governmental charges levied or imposed upon them or their income or the Property otherwise due and payable, except those that are being contested in good faith by appropriate proceedings and for which adequate reserves have been provided in accordance with generally accepted accounting principles. There is no proposed tax assessment against Borrower or any of its subsidiaries that could, if made, be reasonably expected to have a material adverse effect on the property, liabilities (actual or contingent), operations, condition (financial or otherwise) or prospects of Borrower and its subsidiaries, taken as a whole, or which could result in (i) a material impairment of the ability of Borrower to perform under any loan document to which it is a party, or (ii) a material adverse effect upon the legality, validity, binding effect or enforceability against Borrower of any Loan Document. (l) Hazardous Materials. To the best of Borrower's knowledge, except as disclosed in writing by Borrower to the County prior to the date of this Agreement: (i) no Hazardous Material has been disposed of, stored on, discharged from, or released to or from, or otherwise now exists in, on, under, or around, the Property; (ii) neither the Property nor Borrower is in violation of any Hazardous Materials Law; and (iii) neither the Property nor Borrower is subject to any existing, pending or threatened Hazardous Materials Claims. ARTICLE 6 DEFAULT AND REMEDIES Section 6.1 Events of Default. Any one or more of the following constitutes an "Event of Default" by Borrower under this Agreement: (a) Failure to Construct. If Borrower fails to obtain permits, or to commence and prosecute the Rehabilitation to completion, within the times set forth in Article 3 above. (b) Failure to Make Payment. If Borrower fails to make any payment when such payment is due pursuant to the Loan Documents. (c) Breach of Covenants. If Borrower fails to duly perform, comply with, or observe any other condition, term, or covenant contained in this Agreement (other than as set forth in Section 6.1(a) and Section 6.1(b), and Section 6.1(d) through Section 6.1(l)), or in any of the other Loan Documents, and Borrower fails to cure such default within thirty (30) days after receipt of written notice thereof from the County to Borrower. (d) Default Under Other Loans. If a default is declared under any other financing for the Development by the lender of such financing and such default remains uncured following any applicable notice and cure period. (e) Insolvency. If a court having jurisdiction makes or enters any 32 decree or order: (i) adjudging Borrower to be bankrupt or insolvent; (ii) approving as properly filed a petition seeking reorganization of Borrower, or seeking any arrangement for Borrower under the bankruptcy law or any other applicable debtor's relief law or statute of the United States or any state or other jurisdiction; (iii) appointing a receiver, trustee, liquidator, or assignee of Borrower in bankruptcy or insolvency or for any of their properties; (iv) directing the winding up or liquidation of Borrower if any such decree or order described in clauses (i) to (iv), inclusive, is unstayed or undischarged for a period of ninety (90) calendar days; or (v) Borrower admits in writing its inability to pay its debts as they fall due or will have voluntarily submitted to or filed a petition seeking any decree or order of the nature described in clauses (i) to (iv), inclusive. The occurrence of any of the Events of Default in this paragraph will act to accelerate automatically, without the need for any action by the County, the indebtedness evidenced by the Note. (f) Assignment; Attachment. If Borrower assigns its assets for the benefit of its creditors or suffers a sequestration or attachment of or execution on any substantial part of its property, unless the property so assigned, sequestered, attached or executed upon is returned or released within ninety (90) calendar days after such event or, if sooner, prior to sale pursuant to such sequestration, attachment, or execution. The occurrence of any of the events of default in this paragraph shall act to accelerate automatically, without the need for any action by the County, the indebtedness evidenced by the Note. (g) Suspension; Termination. If Borrower voluntarily suspends its business or, the partnership is dissolved or terminated, other than a technical termination of the partnership for tax purposes. (h) Liens on Property and the Development. If any claim of lien (other than liens approved in writing by the County) is filed against the Development or any part thereof, or any interest or right made appurtenant thereto, or the service of any notice to withhold proceeds of the Loan and the continued maintenance of said claim of lien or notice to withhold for a period of twenty (20) days, without discharge or satisfaction thereof or provision therefor (including, without limitation, the posting of bonds) satisfactory to the County. (i) Condemnation. If there is a condemnation, seizure, or appropriation of all or the substantial part of the Property. (j) Unauthorized Transfer. If any Transfer occurs other than as permitted pursuant to Section 4.14. (k) Representation or Warranty Incorrect. If any Borrower representation or warranty contained in this Agreement, or in any application, financial statement, certificate, or report submitted to the County in connection with any of the Loan Documents, proves to have been incorrect in any material respect when made. (l) Applicability to General Partner. The occurrence of any of the events set forth in Section 6.1 (e), through Section 6.1 (g) in relation to Borrower's managing general partner, unless the removal and replacement of the Borrower's managing general partner 33 in accordance with Section 4.14(f), within the time frame set forth in Section 6.1(c) cures such a default. Section 6.2 Remedies. Upon the occurrence of an Event of Default and until such Event of Default is cured or waived, the County is relieved of any obligation to disburse any portion of the Loan. In addition, upon the occurrence of an Event of Default and following the expiration of all applicable notice and cure periods the County may proceed with any and all remedies available to it under law, this Agreement, and the other Loan Documents. Such remedies include but are not limited to the following: (a) Acceleration of Note. The County may cause all indebtedness of Borrower to the County under this Agreement and the Note, together with any accrued interest thereon, to become immediately due and payable. Borrower waives all right to presentment, demand, protest or notice of protest or dishonor. The County may proceed to enforce payment of the indebtedness and to exercise any or all rights afforded to the County as a creditor and secured party under the law including the Uniform Commercial Code, including foreclosure under the Deed of Trust. Borrower is liable to pay the County on demand all reasonable expenses, costs and fees (including, without limitation, reasonable attorney's fees and expenses) paid or incurred by the County in connection with the collection of the Loan and the preservation, maintenance, protection, sale, or other disposition of the security given for the Loan. (b) Specific Performance. The County has the right to mandamus or other suit, action or proceeding at law or in equity to require Borrower to perform its obligations and covenants under the Loan Documents or to enjoin acts on things that may be unlawful or in violation of the provisions of the Loan Documents. (c) Right to Cure at Borrower's Expense. The County has the right (but not the obligation) to cure any monetary default by Borrower under a loan other than the Loan. Upon demand therefor, Borrower shall reimburse the County for any funds advanced by the County to cure such monetary default by Borrower, together with interest thereon from the date of expenditure until the date of reimbursement at the Default Rate. Section 6.3 Right of Contest. Borrower may contest in good faith any claim, demand, levy, or assessment the assertion of which would constitute an Event of Default hereunder. Any such contest is to be prosecuted diligently and in a manner unprejudicial to the County or the rights of the County hereunder. Section 6.4 Remedies Cumulative. No right, power, or remedy given to the County by the terms of this Agreement or the other Loan Documents is intended to be exclusive of any other right, power, or remedy; and each and every such right, power, or remedy is cumulative and in addition to every other right, power, or remedy given to the County by the terms of any such instrument, or by any statute or 34 otherwise against Borrower and any other person. Neither the failure nor any delay on the part of the County to exercise any such rights and remedies will operate as a waiver thereof, nor does any single or partial exercise by the County of any such right or remedy preclude any other or further exercise of such right or remedy, or any other right or remedy. ARTICLE 7 GENERAL PROVISIONS Section 7.1 Relationship of Parties. Nothing contained in this Agreement is to be interpreted or understood by any of the Parties, or by any third persons, as creating the relationship of employer and employee, principal and agent, limited or general partnership, or joint venture between the County and Borrower or its agents, employees or contractors, and Borrower will at all times be deemed an independent contractor and to be wholly responsible for the manner in which it or its agents, or both, perform the services required of it by the terms of this Agreement. Borrower has and retains the right to exercise full control of employment, direction, compensation, and discharge of all persons assisting in the performance of services under the Agreement. In regards to the rehabilitation and operation of the Residence, Borrower is solely responsible for all matters relating to payment of its employees, including compliance with Social Security, withholding, and all other laws and regulations governing such matters, and must include requirements in each contract that contractors are solely responsible for similar matters relating to their employees. Borrower is solely responsible for its own acts and those of its agents and employees. Section 7.2 No Claims. Nothing contained in this Agreement creates or justifies any claim against the County by any person that Borrower may have employed or with whom Borrower may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the purchase of the Property, the rehabilitation or operation of the Residence, and Borrower shall include similar requirements in any contracts entered into for the rehabilitation or operation of the Residence. Section 7.3 Amendments. No alteration or variation of the terms of this Agreement is valid unless made in writing by the parties. The County Deputy Director, Department of Conservation and Development is authorized to execute on behalf of the County amendments to the Loan Documents or amended and restated Loan Documents as long as any discretionary change in the amount or terms of this Agreement is approved by the County's Board of Supervisors. Section 7.4 Indemnification. Borrower shall indemnify, defend and hold the County and its board members, supervisors, directors, officers, employees, agents, successors and assigns harmless against any and all claims, suits, actions, losses and liability of every kind, nature and description made against it and expenses (including reasonable attorneys' fees) which arise out of or in connection 35 with this Agreement, including but not limited to the purchase of the Property and the rehabilitation, marketing and operation of the Residence, except to the extent such claim arises from the gross negligence or willful misconduct of the County, its agents, and its employees. The provisions of this Section will survive the expiration of the Term and the reconveyance of the Deed of Trust. Section 7.5 Non-Liability of County Officials, Employees and Agents. No member, official, employee or agent of the County is personally liable to Borrower in the event of any default or breach of this Agreement by the County or for any amount that may become due from the County pursuant to this Agreement. Section 7.6 No Third Party Beneficiaries. There are no third party beneficiaries to this Agreement. Section 7.7 Discretion Retained by County. The County's execution of this Agreement in no way limits any discretion the County may have in the permit and approval process related to the Rehabilitation. Section 7.8 Conflict of Interest. (a) Except for approved eligible administrative or personnel costs, no person described in Section 7.8(b) below who exercises or has exercised any functions or responsibilities with respect to the activities funded pursuant to this Agreement or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, or have a financial interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have immediate family or business ties, during, or at any time after, such person's tenure. Borrower shall exercise due diligence to ensure that the prohibition in this Section 7.8(a) is followed. (b) The conflict of interest provisions of Section 7.8(a) above apply to any person who is an employee, agent, consultant, officer, or elected or appointed official of the County. (c) In accordance with California Government Code Section 1090 and the Political Reform Act, California Government Code section 87100 et seq., no person who is a director, officer, partner, trustee or employee or consultant of Borrower, or immediate family member of any of the preceding, may make or participate in a decision, made by the County or a County board, commission or committee, if it is reasonably foreseeable that the decision will have a material effect on any source of income, investment or interest in real property of that person or Borrower. Interpretation of this section is governed by the definitions and provisions used in the Political Reform Act, California Government Code Section 87100 et seq., its implementing regulations manual and codes, and California Government Code Section 1090. 36 (d) Borrower shall comply with the conflict of interest provisions set forth in 24 C.F.R. 570.611. Section 7.9 Notices, Demands and Communications. All notices required or permitted by any provision of this Agreement must be in writing and sent by registered or certified mail, postage prepaid, return receipt requested, or delivered by express delivery service, return receipt requested, or delivered personally, to the principal office of the Parties as follows: County: County of Contra Costa Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attention: Affordable Housing Program Manager Borrower: Richmond Neighborhood Housing Services 12972 San Pablo Avenue Richmond, CA 94805 Attention: Executive Director Such written notices, demands and communications may be sent in the same manner to such other addresses as the affected party may from time to time designate by mail as provided in this Section. Receipt will be deemed to have occurred on the date shown on a written receipt as the date of delivery or refusal of delivery (or attempted delivery if undeliverable). Section 7.10 Applicable Law. This Agreement is governed by the laws of the State of California. Section 7.11 Parties Bound. Except as otherwise limited herein, this Agreement binds and inures to the benefit of the parties and their heirs, executors, administrators, legal representatives, successors, and assigns. This Agreement is intended to run with the land and to bind Borrower and its successors and assigns in the Property and the Residence for the entire Term, and the benefit hereof is to inure to the benefit of the County and its successors and assigns. Section 7.12 Attorneys' Fees. If any lawsuit is commenced to enforce any of the terms of this Agreement, the prevailing party will have the right to recover its reasonable attorneys' fees and costs of suit from the other party. Section 7.13 Severability. 37 If any term of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions will continue in full force and effect unless the rights and obligations of the parties have been materially altered or abridged by such invalidation, voiding or unenforceability. Section 7.14 Force Majeure. In addition to specific provisions of this Agreement, performance by either party will not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lock- outs, riots, floods, earthquakes, fires, quarantine restrictions, freight embargoes, lack of transportation, or court order. An extension of time for any cause will be deemed granted if notice by the party claiming such extension is sent to the other within ten (10) days from the commencement of the cause and such extension of time is not rejected in writing by the other party within ten (10) days after receipt of the notice. In no event will the County be required to agree to cumulative delays in excess of one hundred eighty (180) days. Section 7.15 Waivers. Any waiver by the County of any obligation or condition in this Agreement must be in writing. No waiver will be implied from any delay or failure by the County to take action on any breach or default of Borrower or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Borrower to perform any obligation under this Agreement does not operate as a waiver or release from any of its obligations under this Agreement. Consent by the County to any act or omission by Borrower may not be construed to be consent to any other or subsequent act or omission or to waive the requirement for the County's written consent to future waivers. Section 7.16 Title of Parts and Sections. Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and are to be disregarded in interpreting any part of the Agreement's provisions. Section 7.17 Entire Understanding of the Parties. The Loan Documents and the CDBG Project Agreement constitute the entire agreement of the parties with respect to the Loan. If there is a conflict between the CDBG Project Agreement and the Loan Documents, the terms of the Loan Documents will prevail. Section 7.18 Multiple Originals; Counterpart. This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. Remainder of Page Left Intentionally Blank 38 The parties are executing this Agreement as of the date first above written. COUNTY: COUNTY OF CONTRA COSTA, a political subdivision of the State of California By: _________________________________ John Kopchik Director, Department of Conservation and Development APPROVED AS TO FORM: SHARON L. ANDERSON County Counsel By: _________________________________ Kathleen Andrus Deputy County Counsel BORROWER: Richmond Housing Neighborhood Services By: _________________________________ Nikki Beasly Executive Director A-1 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY A.P.N.: B-1 EXHIBIT B WORK TO BE PERFORMED C-1 EXHIBIT C NEPA MITIGATIONS C-2 EXHIBIT D APPROVED REHABILITATION BUDGET i TABLE OF CONTENTS ARTICLE 1 DEFINITIONS AND EXHIBITS ......................................................................... 3 Section 1.1 Definitions................................................................................................... 3 Section 1.2 Exhibits. ...................................................................................................... 6 ARTICLE 2 LOAN PROVISIONS ........................................................................................... 6 Section 2.1 Loan. ........................................................................................................... 6 Section 2.2 Interest......................................................................................................... 6 Section 2.3 Use of Loan Funds. ..................................................................................... 7 Section 2.4 Security. ...................................................................................................... 7 Section 2.5 Conditions Precedent to Disbursement of Loan Funds............................... 7 Section 2.6 Conditions Precedent to Disbursement of Retention. ................................. 8 Section 2.7 Repayment Schedule. .................................................................................. 9 Section 2.8 Non-Recourse. .......................................................................................... 10 ARTICLE 3 REHABILITATION OF THE RESIDENCE ..................................................... 10 Section 3.1 Permits and Approvals. ............................................................................. 10 Section 3.2 Bid Package. ............................................................................................. 10 Section 3.3 Construction Contract. .............................................................................. 10 Section 3.4 Commencement of Construction. ............................................................. 11 Section 3.5 Completion of Construction. ..................................................................... 11 Section 3.6 Changes; Construction Pursuant to Plans and Laws. ................................ 11 Section 3.7 State Prevailing Wages. ............................................................................ 12 Section 3.8 Accessibility. ............................................................................................. 13 Section 3.9 Marketing Plan. ......................................................................................... 14 Section 3.10 Equal Opportunity. .................................................................................... 14 Section 3.11 Minority and Women-Owned Contractors. .............................................. 14 Section 3.12 Progress Reports. ...................................................................................... 14 Section 3.13 Construction Responsibilities. .................................................................. 15 Section 3.14 Mechanics Liens, Stop Notices, and Notices of Completion.................... 15 Section 3.15 Inspections. ............................................................................................... 15 Section 3.16 Approved Development Budget; Revisions to Budget. ............................ 16 Section 3.17 NEPA Mitigation Requirements. .............................................................. 16 ARTICLE 4 LOAN REQUIREMENTS .................................................................................. 16 Section 4.1 Reserve Accounts...................................................................................... 16 Section 4.2 Financial Accountings and Post-Completion Audits. ............................... 16 Section 4.3 Approval of Annual Operating Budget. .................................................... 17 Section 4.4 Information. .............................................................................................. 17 Section 4.5 Records. .................................................................................................... 17 Section 4.6 County Audits. .......................................................................................... 18 Section 4.7 CDBG Requirements. ............................................................................... 19 ii Section 4.8 Hazardous Materials. ................................................................................ 23 Section 4.9 Maintenance; Damage and Destruction. ................................................... 25 Section 4.10 Fees and Taxes. ......................................................................................... 26 Section 4.11 Notice of Litigation. .................................................................................. 26 Section 4.12 Operation of Development as Affordable Housing. ................................. 26 Section 4.13 Nondiscrimination..................................................................................... 26 Section 4.14 Transfer. .................................................................................................... 26 Section 4.15 Insurance Requirements. ........................................................................... 27 Section 4.16 Anti-Lobbying Certification. .................................................................... 28 Section 4.17 Covenants Regarding Approved Financing. ............................................. 28 ARTICLE 5 REPRESENTATIONS AND WARRANTIES OF BORROWER ..................... 29 Section 5.1 Representations and Warranties. ............................................................... 29 ARTICLE 6 DEFAULT AND REMEDIES ............................................................................ 31 Section 6.1 Events of Default. ..................................................................................... 31 Section 6.2 Remedies. .................................................................................................. 33 Section 6.3 Right of Contest. ....................................................................................... 33 Section 6.4 Remedies Cumulative. .............................................................................. 33 ARTICLE 7 GENERAL PROVISIONS .................................................................................. 34 Section 7.1 Relationship of Parties. ............................................................................. 34 Section 7.2 No Claims. ................................................................................................ 34 Section 7.3 Amendments. ............................................................................................ 34 Section 7.4 Indemnification. ........................................................................................ 34 Section 7.5 Non-Liability of County Officials, Employees and Agents...................... 35 Section 7.6 No Third Party Beneficiaries. ................................................................... 35 Section 7.7 Discretion Retained By County. ............................................................... 35 Section 7.8 Conflict of Interest. ................................................................................... 35 Section 7.9 Notices, Demands and Communications. ................................................. 36 Section 7.10 Applicable Law. ........................................................................................ 36 Section 7.11 Parties Bound. ........................................................................................... 36 Section 7.12 Attorneys' Fees. ......................................................................................... 36 Section 7.13 Severability. .............................................................................................. 36 Section 7.14 Force Majeure. .......................................................................................... 37 Section 7.15 Waivers. .................................................................................................... 37 Section 7.16 Title of Parts and Sections. ....................................................................... 37 Section 7.17 Entire Understanding of the Parties. ......................................................... 37 Section 7.18 Multiple Originals; Counterpart. ............................................................... 37 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY EXHIBIT B WORK TO BE PERFORMED EXHIBIT C NEPA MITIGATIONS EXHIBIT D APPROVED REHABILITATION BUDGET CDBG LOAN AGREEMENT Between COUNTY OF CONTRA COSTA And Richmond Neighborhood Housing Services, Inc. Dated ___________, 20__ 1 RNHS SINGLE FAMILY HOME REHABILITATION CDBG LOAN AGREEMENT – Senior lender: Cathay Bank ADMINISTRATIVE COVER SHEET (Remove Upon Completion) BLANK LINES: CHECKLIST ______ Property address, p. 1, 3rd line ______ Date of Agreement, p. 1, first sentence ______ Property address, p. 1, Recital C ______ Amount of Loan, p. 1, Recital E ______ Name of Title Company, p. 4 ______ Loan Amount less $5,000, p. 7, Conditions precedent to disbursement ______ Due date, p. 10, first line ______ Date to pull permits, p. 10, Sec 3.1 ______ Date to complete construction, p. 11, Sec 3.5 ______ Signatures, p. 39 2 CDBG LOAN AGREEMENT Richmond Rehabilitation Program [address] Street, Richmond This CDBG Loan Agreement (the "Agreement") is dated ________, 20__, and is between the COUNTY OF CONTRA COSTA, a political subdivision of the State of California (the "County"), and Richmond Neighborhood Housing Services, Inc., a nonprofit public benefit corporation ("Borrower"). RECITALS A. Defined terms used but not defined in these recitals are as defined in Article 1 of this Agreement. B. The County has received funds from the United States Department of Housing and Urban Development ("HUD") under Title I of the Housing and Community Development Act of 1974, as amended ("CDBG Funds"). The CDBG Funds must be used by the County in accordance with 24 C.F.R. Part 570. C. Borrower owns the real property commonly known as [address] Street, located in the City of Richmond, County of Contra Costa, State of California, as more particularly described in Exhibit A (the "Property"). Borrower intends to rehabilitate the single family home currently existing on the Property (the "Residence"), for rental to a very low or low income household. The work being performed to rehabilitate the Residence is described in Exhibit B (such work, the "Rehabilitation"). D. The County and Borrower are parties to a CDBG Project Agreement 18-58-HSG, dated July 1, 2018 (the "CDBG Project Agreement"), pursuant to which the County agreed to lend CDBG Funds to Borrower to assist in the rehabilitation of the Residence. E. In furtherance of the CDBG Project Agreement Borrower desires to borrow from the County _____________ Dollars ($xxx,xxx) of CDBG Funds (the "Loan"). F. The Loan is evidenced by the Note and the Regulatory Agreement and is secured by the Deed of Trust. G. The Loan is being made to finance the Rehabilitation and is intended to maintain the supply of affordable rental housing in Contra Costa County. Due to the assistance provided Borrower through the Loan, the County is designating the Residence as a "County-Assisted Unit.” H. The City has determined the Rehabilitation to be categorically exempt pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) ("CEQA"). 3 I. In accordance with the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321-4347) ("NEPA"), the County has completed and approved all applicable environmental review for the activities proposed to be undertaken under this Agreement. The parties therefore agree as follows: AGREEMENT ARTICLE 1 DEFINITIONS AND EXHIBITS Section 1.1 Definitions. The following terms have the following meanings: (a) "Adjusted Loan" means, to the extent less than the full amount of the Loan is funded, an amount equal to the actual principal amount loaned to Borrower by the County pursuant to this Agreement. If the full amount of the Loan is funded the Adjusted Loan is equal to the Loan. (b) "Agreement" means this CDBG Loan Agreement. (c) "Approved Rehabilitation Budget" means the proforma development budget, including sources and uses of funds, as approved by the County, and attached hereto and incorporated herein as Exhibit D. (d) "Approved Rehabilitation Schedule" means the schedule that (i) is agreed to by County and Borrower, (ii) identifies the work to be accomplished to complete the Rehabilitation and the sequence of that work, and (iii) sets forth the dates by which certain components of the work must be completed. (e) "Bid Package" means the package of documents Borrower is required to distribute to potential bidders as part of the process of selecting contractors for the Rehabilitation. The Bid Package is to include the following: (i) an invitation to bid; (ii) copy of the proposed construction contract; and (iii) all Construction Plans. (f) "Borrower" has the meaning set forth in the first paragraph of this Agreement. (g) "CDBG" means the Community Development Block Grant Program, funded pursuant to Title I of the Housing and Community Development Act of 1974 (42 USC 5301, et seq.). (h) "CDBG Funds" has the meaning set forth in Paragraph B of the Recitals. 4 (i) "CDBG Project Agreement" has the meaning set forth in Paragraph D of the Recitals. (j) "CEQA" has the meaning set forth in Paragraph H of the Recitals. (k) "City" means the City of Richmond, California, a municipal corporation. (l) "Commencement of Construction" has the meaning set forth in Section 3.5. (m) "Completion Date" means the date a final certificate of completion, or equivalent document is issued by the City to certify that the rehabilitated Residence may be legally occupied. (n) "Construction Plans" means all construction documentation upon which Borrower and Borrower's general contractor rely in performing the Rehabilitation, including final architectural drawings, landscaping plans and specifications, final elevations, building plans and specifications (also known as "working drawings"). (o) "County" has the meaning set forth in the first paragraph of this Agreement. (p) "County-Assisted Unit" has the meaning set forth in Paragraph G of the Recitals. (q) "Deed of Trust" means the Deed of Trust with Assignment of Rents, Security Agreement, and Fixture Filing of even date herewith among Borrower, as Trustor, [______________], as trustee, and the County, as beneficiary, that will encumber the Property to secure repayment of the Loan and performance of the covenants of the Loan Documents. (r) "Default Rate" means the lesser of the maximum rate permitted by law and ten percent (10%) per annum. (s) "Event of Default" has the meaning set forth in Section 6.1. (t) "Hazardous Materials" means: (i) any substance, material, or waste that is petroleum, petroleum-related, or a petroleum by-product, asbestos or asbestos-containing material, polychlorinated biphenyls, flammable, explosive, radioactive, freon gas, radon, or a pesticide, herbicide, or any other agricultural chemical, and (ii) any waste, substance or material defined as or included in the definition of "hazardous substances," "hazardous wastes," "hazardous materials," "toxic materials", "toxic waste", "toxic substances," or words of similar import under any Hazardous Materials Law. (u) "Hazardous Materials Claims" means with respect to the Property (i) any and all enforcement, cleanup, removal or other governmental or regulatory actions 5 instituted, completed or threatened against Borrower or the Property pursuant to any Hazardous Materials Law; and (ii) all claims made or threatened by any third party against Borrower or the Property relating to damage, contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials. (v) "Hazardous Materials Law" means any federal, state or local laws, ordinances, or regulations relating to any Hazardous Materials, health, industrial hygiene, environmental conditions, or the regulation or protection of the environment, and all amendments thereto as of this date and to be added in the future and any successor statute or rule or regulation promulgated thereto. (w) "HUD" has the meaning set forth in Paragraph B of the Recitals. (x) "Loan Documents" means this Agreement, the Note, the Regulatory Agreement, and the Deed of Trust. (y) "Loan" has the meaning set forth in Paragraph E of the Recitals. (z) "Marketing Plan" has the meaning set forth in Section 3.9. (aa) "NEPA" has the meaning set forth in Paragraph I of the Recitals. (bb) "Note" means the promissory note of even date herewith that evidences Borrower's obligation to repay the Loan. (cc) "Operating Reserve Account" has the meaning set forth in Section 4.1(b). (dd) "Property" has the meaning set forth in Paragraph C of the Recitals. (ee) "Regulatory Agreement" means the Regulatory Agreement and Declaration of Restrictive Covenants, of even date herewith, between the County and Borrower related to the Loan, to be recorded against the Property. (ff) "Rehabilitation" has the meaning set forth in Paragraph C of the Recitals. (gg) "Replacement Reserve Account" has the meaning set forth in Section 4.1(a). (hh) "Residence" has the meaning set forth in Paragraph C of the Recitals. (ii) "Retention Amount" means Five Thousand Dollars ($5,000) of the Loan, the disbursement of which is described in Section 2.6. 6 (jj) "Senior Loan" has the meaning set forth in Section 2.5. (kk) "Tenant" means the tenant household that occupies the Residence. (ll) "Term" means the period of time that commences on the date of this Agreement, and expires, unless sooner terminated in accordance with this Agreement, on the thirtieth (30th) anniversary of the Completion Date; provided, however, if a record of the Completion Date cannot be located or established, the Term will expire on the thirty-first (31st) anniversary of this Agreement. (mm) "Transfer" has the meaning set forth in Section 4.14 below. Section 1.2 Exhibits. The following exhibits are attached to this Agreement and incorporated into this Agreement by this reference: Exhibit A: Legal Description of the Property Exhibit B: Work To Be Performed Exhibit C: NEPA Mitigations Exhibit D: Approved Rehabilitation Budget ARTICLE 2 LOAN PROVISIONS Section 2.1 Loan. Upon satisfaction of the conditions set forth in Section 2.6 of this Agreement, the County shall lend to Borrower the Loan for the purposes set forth in Section 2.3 of this Agreement. Borrower's obligation to repay the Loan is evidenced by the Note. Section 2.2 Interest. (a) Loan. Subject to the provisions of subsection (b) below, simple interest will accrue on the outstanding principal balance of the Loan at a per annum rate of interest equal to one percent (1%), commencing on the date of disbursement. (b) Default Interest. Upon the occurrence of an Event of a Default, interest on the outstanding principal balance of the Loan will begin to accrue, beginning on the date of such occurrence and continuing until the date the Loan is repaid in full or the Event of Default is cured, at the Default Rate. 7 Section 2.3 Use of Loan Funds. Borrower shall use the Loan for Rehabilitation costs, consistent with the Approved Rehabilitation Budget. Borrower may not use the Loan proceeds for any other purposes without the prior written consent of the County. Section 2.4 Security. In consideration of the Loan, Borrower shall (i) secure its obligation to repay the Loan, as evidenced by the Note, by executing the Deed of Trust, and cause or permit it to be recorded as a lien against the Property, and (ii) execute the Regulatory Agreement, and cause or permit it to be recorded against the Property. Section 2.5 Subordination.Any agreement by the County to subordinate the Deed of Trust to an encumbrance securing and/or evidencing a bank loan will be subject to the satisfaction of each of the following conditions: (a) All of the proceeds of the proposed bank loan, less any transaction costs, are used to finance the acquisition or construction of the Development. (b) The proposed lender of a bank loan (each a "Senior Lender") is a state or federally chartered financial institution that is not affiliated with Borrower or any of Borrower's affiliates, other than as a depositor or a lender. (c) The proposed bank loan must be in an amount not less than $500,000. (d) Borrower must provide to the County, in addition to any other information reasonably required by the County, evidence that demonstrates to the County's satisfaction that subordination of the Deed of Trust is necessary to secure adequate acquisition, construction and/or homebuyer financing to ensure the viability of the Development, including the sale of the Units as affordable housing, as required by the Loan Documents. (e) The subordination agreement(s) is structured to minimize the risk that the Deed of Trust will be extinguished as a result of a foreclosure by the Senior Lender or other holder of the bank loan. To satisfy this requirement, the subordination agreement must provide the County with adequate rights to cure any defaults by Borrower, including: (i) providing the County or its successor with copies of any notices of default at the same time and in the same manner as provided to Borrower; and (ii) providing the County with a cure period of at least sixty (60) days to cure any default. (f) The subordination(s) of the Loan is effective only during the original term of the bank loan, unless the County is notified by Borrower of an extension of the term of the bank loan. (g) The subordination does not limit the effect of the Deed of Trust before a foreclosure, nor require the consent of the Senior Lender prior to the County exercising any remedies available to the County under the Loan Documents. 8 (h) Upon a determination by the County's Deputy Director – Department of Conservation and Development that the conditions in this Section have been satisfied, the Deputy Director – Department of Conservation and Development or his/her designee is authorized to execute the approved subordination agreement without the necessity of any further action or approval. Section 2.6 Conditions Precedent to Disbursement of Loan Funds. The disbursements made pursuant to this Section 2.6 may not exceed [loan amount less $5,000] _________ Dollars ($___________). The County is not obligated to disburse any portion of the Loan, or to take any other action under the Loan Documents unless all of the following conditions have been and continue to be satisfied: (a) There exists no Event of Default nor any act, failure, omission or condition that would constitute an Event of Default under this Agreement; (b) Borrower has delivered to the County a copy of a corporate resolution authorizing Borrower to obtain the Loan and all other Approved Financing, and execute the Loan Documents; (c) There exists no material adverse change in the financial condition of Borrower from that shown by the financial statements and other data and information furnished by Borrower to the County prior to the date of this Agreement; (d) Borrower has furnished the County with evidence of the insurance coverage meeting the requirements of Section 4.15 below; (e) Borrower has executed and delivered to the County the Loan Documents and has caused all other documents, instruments, and policies required under the Loan Documents to be delivered to the County; (f) The Deed of Trust and the Regulatory Agreement have been recorded against the Property in the Office of the Recorder of the County of Contra Costa; (g) A title insurer reasonably acceptable to the County is unconditionally and irrevocably committed to issuing an LP-10 2006 ALTA Lender's Policy of title insurance insuring the priority of the Deed of Trust in the amount of the Loan, subject only to such exceptions and exclusions as may be reasonably acceptable to the County, and containing such endorsements as the County may reasonably require. The Borrower shall provide whatever documentation (including an indemnification agreement), deposits or surety as reasonably required by the title company in order for the Deed of Trust to be senior in lien priority to any mechanics liens in connection with any start of construction that has occurred prior to the recordation of the Deed of Trust against the Property in the Office of the Recorder of the County of Contra Costa. (h) All environmental reviews necessary for the Rehabilitation have been completed, and Borrower has provided the County evidence of planned compliance with all 9 NEPA and CEQA requirements and mitigation measures applicable to construction, and evidence of compliance with all NEPA and CEQA requirements and mitigation measures applicable to preconstruction; (i) The County has determined the undisbursed proceeds of the Loan, together with other funds or firm commitments for funds that Borrower has obtained in connection with the Rehabilitation, are not less than the amount the County determines is necessary to pay for the Rehabilitation and to satisfy all of the covenants contained in this Agreement and the Regulatory Agreement; (j) Borrower has obtained all permits and approvals necessary for the Rehabilitation; (k) The County has received and approved the Bid Package for the subcontractors for the Rehabilitation pursuant to Section 3.2 below; (l) The County has received and approved the general contractor's construction contract that the Borrower has entered or proposed to enter for the Rehabilitation pursuant to Section 3.3 below; (m) The County has received a written draw request from Borrower, including: (i) certification that the condition set forth in Section 2.6(a) continues to be satisfied; (ii) certification that the proposed uses of funds is consistent with the Approved Rehabilitation Budget; (iii) the amount of funds needed; and, (iv) where applicable, a copy of the bill or invoice covering a cost incurred or to be incurred. When a disbursement is requested to pay any contractor in connection with the Rehabilitation, the written request must be accompanied by: (1) certification by the Borrower's architect reasonably acceptable to the County that the work for which disbursement is requested has been completed (although the County reserves the right to inspect the Property and make an independent evaluation); and (2) lien releases and/or mechanics lien title insurance endorsements reasonably acceptable to the County. Section 2.7 Conditions Precedent to Disbursement of Retention. The County is not obligated to disburse the Retention Amount unless the following conditions precedent are satisfied: (a) The County has received a completion report from Borrower setting forth: (i) the income, household size, race, and ethnicity of Tenants of the Residence; (ii) and the unit address, unit size, rent amount and utility allowance for the Residence; (b) The County has received the final accounting of all sources and uses of funds in accordance with Section 4.2; (c) The County has received from Borrower copies of the certificate of occupancy or equivalent final permit sign-offs for the Rehabilitation; 10 (d) The County has received from Borrower current evidence of the insurance coverage meeting the requirements of Section 4.15 below; (e) The County has received from Borrower a form of Tenant lease; (f) The County has received from Borrower a Marketing Plan; (g) The County has received from Borrower evidence of marketing the Residence, such as copies of flyers, list of media ads, list of agencies and organizations receiving information on availability of the units in the Residence, as applicable; (h) The County has received from Borrower all relevant contract activity information, including compliance with Section 3 and MBE/WBE requirements; (i) If Borrower was required to comply with relocation requirements, the County has received from Borrower evidence of compliance with all applicable relocation requirements; (j) The County has received from Borrower evidence of compliance with all NEPA mitigation requirements as set forth in Exhibit C; and (k) The County has received a written draw request from Borrower, including certification that the condition set forth in Section 2.6(a) continues to be satisfied, and setting forth the proposed uses of funds consistent with the Approved Rehabilitation Budget, and, where applicable, a copy of the bill or invoice covering a cost incurred or to be incurred. Borrower shall apply the disbursement for the purpose(s) requested. Section 2.8 Repayment Schedule. (a) No periodic payments are required under this Note. Borrower shall pay the loan on or before [insert 30 years following the loan date]. (b) Payment in Full of Loan. Borrower shall pay all outstanding principal and accrued interest on the Loan, in full, on the earliest to occur of: (i) any Transfer other than as permitted pursuant to Section 4.14; or (ii) an Event of Default. (c) Prepayment. Borrower may prepay the Loan at any time without premium or penalty. However, the Regulatory Agreement and the Deed of Trust will remain in effect for the entire Term, regardless of any prepayment or Transfer. Section 2.9 Non-Recourse. Except as provided below, neither Borrower, nor any partner of Borrower, has any direct or indirect personal liability for payment of the principal of, and interest on, the Loan. Following recordation of the Deed of Trust, the sole recourse of the County with respect to the principal of, or interest on, the Note will be to the property described in the Deed of Trust; provided, however, 11 that nothing contained in the foregoing limitation of liability limits or impairs the enforcement of all the rights and remedies of the County against all such security for the Note, or impairs the right of County to assert the unpaid principal amount of the Note as demand for money within the meaning and intendment of Section 431.70 of the California Code of Civil Procedure or any successor provision thereto. The foregoing limitation of liability is intended to apply only to the obligation to repay the principal and interest on the Note. Except as hereafter set forth; nothing contained herein is intended to relieve Borrower of its obligation to indemnify the County under Sections 3.8, 3.9, 4.7(b)(vi), 4.8, and 7.4 of this Agreement, or liability for: (i) loss or damage of any kind resulting from waste, fraud or willful misrepresentation; (ii) the failure to pay taxes, assessments or other charges which may create liens on the Property that are payable or applicable prior to any foreclosure under the Deed of Trust (to the full extent of such taxes, assessments or other charges); (iii) the fair market value of any personal property or fixtures removed or disposed of by Borrower other than in accordance with the Deed of Trust; and (iv) the misappropriation of any proceeds under any insurance policies or awards resulting from condemnation or the exercise of the power of eminent domain or by reason of damage, loss or destruction to any portion of the Property. ARTICLE 3 REHABILITATION OF THE RESIDENCE Section 3.1 Permits and Approvals. Borrower shall obtain all permits and approvals necessary for the Rehabilitation no later than [___], 20__, or such later date that the County approves in writing. Section 3.2 Bid Package. Not later than thirty (30) days prior to Borrower's proposed date for advertising the Bid Package, Borrower shall submit to the County a copy of Borrower's proposed Bid Package. The County's Assistant Deputy Director, Department of Conservation and Development, or his or her designee, shall approve or disapprove the Bid Package within fifteen (15) days after receipt of the Bid Package by the County. If the County rejects the proposed Bid Package the reasons therefore must be given to Borrower. The Borrower will then have fifteen (15) days to revise the proposed Bid Package and resubmit it to the County. The County will then have fifteen (15) days to review and approve Borrower's new or corrected Bid Package. The provisions of this Section will continue to apply until a proposed Bid Package has been approved by the County. Borrower may not publish a proposed Bid Package until it has been approved by the County. Section 3.3 Construction Contract. (a) Not later than fifteen (15) days prior to the proposed Commencement of Construction, Borrower shall submit to the County for its approval a draft of the proposed construction contract for the Rehabilitation. All construction work and professional services are to be performed by persons or entities licensed or otherwise authorized to perform the applicable construction work or service in the State of California. Each contract that Borrower enters for rehabilitation of the Development is to provide that at least ten percent (10%) of the costs incurred will be payable only upon completion of the rehabilitation, subject to 12 early release of retention for specified subcontractors upon approval by the County. The construction contract will include all applicable CDBG requirements set forth in Section 4.8 below. The County's approval of the construction contract may not be deemed to constitute approval of or concurrence with any term or condition of the construction contract except as such term or condition may be required by this Agreement. (b) Upon receipt by the County of the proposed construction contract, the County shall promptly review same and approve or disapprove it within ten (10) days. If the construction contract is not approved by the County, the County shall set forth in writing and notify Borrower of the County's reasons for withholding such approval. Borrower shall thereafter submit a revised construction contract for County approval, which approval is to be granted or denied in ten (10) days in accordance with the procedures set forth above. Any construction contract executed by Borrower for the Development is to be in the form approved by the County. Section 3.4 Commencement of Construction. Borrower shall cause the Commencement of Construction to occur no later than ________________________, or such later date that the County approves in writing. For the purposes of this Agreement, "Commencement of Construction" means the date work is set to begin on the Rehabilitation, as set forth in the notice to proceed issued by Borrower to Borrower's general contractor. Section 3.5 Completion of Construction. Borrower shall diligently prosecute the Rehabilitation to completion, and shall cause the Rehabilitation to be completed no later than _____, 20__ or such later date that the County approves in writing. Section 3.6 Changes; Construction Pursuant to Plans and Laws. (a) Changes. Borrower shall perform the Rehabilitation in conformance with (i) the plans and specifications approved by the City's Building Inspection Department, and (ii) the Approved Rehabilitation Budget. Borrower shall notify the County in a timely manner of any changes in the work required to be performed under this Agreement, including any additions, changes, or deletions to the plans and specifications approved by the City. Written authorization from the County must be obtained before any of the following changes, additions, or deletions in work may be performed: (i) any change in the work the cost of which exceeds Fifteen Thousand Dollars ($15,000); or (ii) any set of changes in the work the cost of which cumulatively exceeds Twenty-Five Thousand Dollars ($25,000) or ten percent (10%) of the Loan amount, whichever is less; or (iii) any material change in building materials or equipment, specifications, or the structural or architectural design or appearance of the Residence as provided for in the plans and specifications approved by the County. The County's consent to any additions, changes, or deletions to the work does not relieve or release Borrower from any other obligations under this Agreement, or relieve or release Borrower or its surety from any surety bond. 13 (b) Compliance with Laws. Borrower shall cause all work performed in connection with the Rehabilitation to be performed in compliance with: (i) all applicable laws, codes, ordinances, rules and regulations of federal, state, county or municipal governments or agencies now in force or that may be enacted hereafter; and (ii) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction. Borrower may permit the work to proceed only after procurement of each permit, license, or other authorization that may be required by any governmental agency having jurisdiction, and Borrower is responsible to the County for the procurement and maintenance thereof. Section 3.7 State Prevailing Wages. (a) To the extent required by applicable law, Borrower shall: (i) pay, and shall cause any consultants or contractors to pay, prevailing wages in performing the Rehabilitation as those wages are determined pursuant to California Labor Code Sections 1720 et seq.; (ii) cause any consultants or contractors to employ apprentices as required by California Labor Code Section 1777.5 et seq., and the implementing regulations of the Department of Industrial Relations (the "DIR"), and to comply with the other applicable provisions of California Labor Code Sections 1720 et seq., 1777.5 et seq., and implementing regulations of the DIR; (iii) keep and retain, and shall cause any consultants and contractors to keep and retain, such records as are necessary to determine if such prevailing wages have been paid as required pursuant to California Labor Code Section 1720 et seq., and apprentices have been employed are required by California Labor Code Section 1777.5 et seq.; (iv) post at the Property, or shall cause the contractor to post at the Property, the applicable prevailing rates of per diem wages. Copies of the currently applicable current per diem prevailing wages are available from DIR; (v) cause contractors and subcontractors performing the Rehabilitation to be registered as set forth in California Labor Code Section 1725.5; (vi) cause its contractors and subcontractors, in all calls for bids, bidding materials and the construction contract documents for the Rehabilitation to specify that: (1) no contractor or subcontractor may be listed on a 14 bid proposal nor be awarded a contract for the Rehabilitation unless registered with the DIR pursuant to California Labor Code Section 1725.5; and (2) the Rehabilitation is subject to compliance monitoring and enforcement by the DIR. (vii) provide the County all information required by California Labor Code Section 1773.3 as set forth in the DIR's online form PWC-100 within 2 days of the award of any contract (https://www.dir.ca.gov/pwc100ext/); (viii) cause its contractors to post job site notices, as prescribed by regulation by the DIR; and (ix) cause its contractors to furnish payroll records required by California Labor Code Section 1776 directly to the Labor Commissioner, at least monthly in the electronic format prescribed by the Labor Commissioner. (b) Borrower shall indemnify, hold harmless and defend (with counsel reasonably acceptable to the County) the County against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity (including Borrower, its contractor and subcontractors) to pay prevailing wages as determined pursuant to California Labor Code Section 1720 et seq., to employ apprentices pursuant to California Labor Code Section 1777.5 et seq., to meet the conditions of California Labor Code Section 1771.4, and implementing regulations of the DIR, or to comply with the other applicable provisions of California Labor Code Sections 1720 et seq., 1777.5 et seq., and 1771.4, and the implementing regulations of the DIR, in connection with the rehabilitation of the Development or any other work undertaken or in connection with the Property. The requirements in this Section survive the repayment of the Loan, and the re-conveyance of the Deed of Trust. Section 3.8 Accessibility. Borrower shall perform the Rehabilitation in compliance with all applicable federal and state disabled persons accessibility requirements including but not limited to the Federal Fair Housing Act; Section 504 of the Rehabilitation Act of 1973 ("Section 504"); Title II and/or Title III of the Americans with Disabilities Act; and Title 24 of the California Code of Regulations (collectively, the "Accessibility Requirements"). Non-substantial alterations must comply with 24 C.F.R. 8.23(b). In compliance with Section 504 Borrower shall provide the County with a certification from Borrower’s architect that to the best of the architect's knowledge, the Residence complies with all federal and state accessibility requirements applicable to the Residence. Borrower shall indemnify, hold harmless and defend (with counsel reasonably acceptable to the County) the County against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity (including Borrower, its architect, contractor and subcontractors) to perform the Rehabilitation in accordance with the Accessibility Requirements. The requirements in this Subsection survive repayment of the Loan and the re-conveyance of the Deed of Trust. 15 Section 3.9 Marketing Plan. (a) No later than six (6) months prior to the date the Rehabilitation is projected to be complete, Borrower shall submit to the County for approval its plan for marketing the Residence to income-eligible households as required by the Regulatory Agreement (the "Marketing Plan"). (b) Upon receipt of the Marketing Plan, the County will promptly review the Marketing Plan and will approve or disapprove it within fifteen (15) days after receipt. If the Marketing Plan is not approved, the County will give Borrower specific reasons for such disapproval and Borrower shall submit a revised Marketing Plan within fifteen (15) days of notification of the County's disapproval. Borrower shall follow this procedure for resubmission of a revised Marketing Plan until the Marking Plan is approved by the County. If the Borrower does not submit a revised Marketing Plan that is approved by the County at least three (3) months prior to the date Rehabilitation is projected to be complete, Borrower will be in default of this Agreement. Section 3.10 Equal Opportunity. During the performance of the Rehabilitation, discrimination on the basis of race, color, creed, religion, age, sex, sexual orientation, marital status, national origin, ancestry, or disability in the hiring, firing, promoting, or demoting of any person engaged in the construction work is not allowed. Section 3.11 Minority and Women-Owned Contractors. Borrower shall use its best efforts to afford minority-owned and women-owned business enterprises the maximum practicable opportunity to participate in the Rehabilitation. Borrower shall, at a minimum, notify applicable minority-owned and women-owned business firms located in Contra Costa County of bid opportunities for the Rehabilitation. A listing of minority-owned and women-owned businesses located in the County and neighboring counties is available from the County. Documentation of such notifications must be maintained by Borrower and available to the County upon request. Section 3.12 Progress Reports. Until the Completion Date, Borrower shall provide the County with quarterly progress reports regarding the status of the Rehabilitation, including a certification that the actual construction costs to date conform to the Approved Rehabilitation Budget, as it may be amended from time to time pursuant to Section 3.17 below. Section 3.13 Construction Responsibilities. (a) Borrower is responsible for the coordination and scheduling of the work to be performed so that commencement and completion of the Rehabilitation takes place in 16 accordance with this Agreement. (b) Borrower is solely responsible for all aspects of Borrower's conduct in connection with the Rehabilitation, including (but not limited to) the quality and suitability of the plans and specifications, the supervision of construction work, and the qualifications, financial condition, and performance of all architects, engineers, contractors, subcontractors, suppliers, consultants, and property managers. Any review or inspection undertaken by the County with reference to the Rehabilitation is solely for the purpose of determining whether Borrower is properly discharging its obligations to the County, and may not be relied upon by Borrower or by any third parties as a warranty or representation by the County as to the quality of the design or end result. Section 3.14 Mechanics Liens, Stop Notices, and Notices of Completion. (a) If any claim of lien is filed against the Property or a stop notice affecting the Loan is served on the County or any other lender or other third party in connection with the Rehabilitation, then Borrower shall, within twenty (20) days after such filing or service, either pay and fully discharge the lien or stop notice, effect the release of such lien or stop notice by delivering to the County a surety bond in sufficient form and amount, or provide the County with other assurance satisfactory to the County that the claim of lien or stop notice will be paid or discharged. (b) If Borrower fails to discharge any lien, encumbrance, charge, or claim in the manner required in this Section, then in addition to any other right or remedy, the County may (but is under no obligation to) discharge such lien, encumbrance, charge, or claim at Borrower's expense. Alternately, the County may require Borrower to immediately deposit with the County the amount necessary to satisfy such lien or claim and any costs, pending resolution thereof. The County may use such deposit to satisfy any claim or lien that is adversely determined against Borrower. (c) Borrower shall file a valid notice of cessation or notice of completion upon cessation of construction work on the Rehabilitation for a continuous period of thirty (30) days or more, and take all other steps necessary to forestall the assertion of claims of lien against the Property. Borrower authorizes the County, but the County has no obligation, to record any notices of completion or cessation of labor, or any other notice that the County deems necessary or desirable to protect its interest in the Property. Section 3.15 Inspections. Borrower shall permit and facilitate, and shall require its contractors to permit and facilitate, observation and inspection of the Property by the County and by public authorities during reasonable business hours during the Term, for the purposes of determining compliance with this Agreement. Section 3.16 Approved Development Budget; Revisions to Budget. 17 As of the date of this Agreement, the County has approved the Approved Rehabilitation Budget set forth in Exhibit D. Borrower shall submit any required amendments to the Approved Rehabilitation Budget to the County for approval within five (5) days after the date Borrower receives information indicating that actual costs of the Rehabilitation vary or will vary from the costs shown on the Approved Rehabilitation Budget. Written consent of the County will be required to amend the Approved Rehabilitation Budget. Section 3.17 NEPA Mitigation Requirements. Borrower shall comply with any applicable lead or asbestos requirements. ARTICLE 4 LOAN REQUIREMENTS Section 4.1 Reserve Accounts. (a) Replacement Reserve Account. Borrower shall establish and maintain an account that is available for capital expenditures for repairs and replacement necessary to maintain the Property in the condition required by the Loan Documents (the "Replacement Reserve Account"). Borrower shall make annual deposits to the Replacement Reserve Account in the amount of Six Hundred Dollars ($600). In no event shall the annual amount deposited in the Replacement Reserve Account exceed Five Thousand Dollars ($5,000) per unit, increasing by the applicable consumer price index every five (5) years, or such greater amount approved by the County. (b) Operating Reserve Account. Borrower shall establish and maintain an account that is available to fund operating deficits (which is the amount by which Annual Operating Expenses exceed Gross Revenue for any period) (the "Operating Reserve Account"). Borrower shall capitalize the Operating Reserve Account with three months of Annual Operating Expenses. In no event may the amount held in the Operating Reserve Account exceed six (6) months gross rent from the Residence (as such rent may vary from time to time). Section 4.2 Financial Accountings and Post-Completion Audits. No later than ninety (90) days following completion of the Rehabilitation, Borrower shall provide to the County for its review and approval a financial accounting of all sources and uses of funds for the Rehabilitation. Section 4.3 Approval of Annual Operating Budget. At the beginning of each year of the Term, Borrower shall provide to the County an annual budget for the operation of the Residence. The County may request additional information to assist the County in evaluating the financial viability of the Residence. Unless rejected by the County in writing within thirty (30) days after receipt of the budget, the budget will be deemed accepted. If rejected by the County in whole or in part, Borrower shall submit a new or corrected budget within thirty (30) calendar days after notification of the County's rejection and the reasons therefor. The provisions of this Section relating to time periods for 18 resubmission of new or corrected budgets will continue to apply until such budget has been approved by the County. Section 4.4 Information. Borrower shall provide any information reasonably requested by the County in connection with the Property, including (but not limited to) any information required by HUD in connection with Borrower's use of the Loan funds. Section 4.5 Records. (a) Borrower shall keep and maintain at the principal place of business of the Borrower set forth in Section 7.9 below, or elsewhere with the County's written consent, full, complete and appropriate books, records and accounts relating to the Property. Borrower shall cause all books, records and accounts relating to its compliance with the terms, provisions, covenants and conditions of this Agreement to be kept and maintained in accordance with generally accepted accounting principles consistently applied, and to be consistent with requirements of this Agreement. Borrower shall cause all books, records, and accounts to be open to and available for inspection and copying by HUD, the County, its auditors or other authorized representatives at reasonable intervals during normal business hours. Borrower shall cause copies of all tax returns and other reports that Borrower may be required to furnish to any government agency to be open for inspection by the County at all reasonable times at the place that the books, records and accounts of Borrower are kept. Borrower shall preserve such records for a period of not less than five (5) years after their creation in compliance with all HUD records and accounting requirements. If any litigation, claim, negotiation, audit exception, monitoring, inspection or other action relating to the use of the Loan is pending at the end of the record retention period stated herein, then Borrower shall retain the records until such action and all related issues are resolved. Borrower shall cause the records to include all invoices, receipts, and other documents related to expenditures from the Loan funds. Borrower shall cause records to be accurate and current and in a form that allows the County to comply with the record keeping requirements contained in 24 C.F.R. 570.506. Such records are to include but are not limited to: (i) Records providing a full description of the activities undertaken with the use of the Loan funds; (ii) Records demonstrating the eligibility of activities under the CDBG Regulations set forth in 24 C.F.R. 570 et seq., and that use of the CDBG Funds meets one of the national objectives of the CDBG program set forth in 24 C.F.R. Section 570.208; (iii) Records demonstrating compliance with the HUD property standards and lead-based paint requirements; (iv) Records documenting compliance with the fair housing, equal opportunity, and affirmative fair marketing requirements; (v) Financial records as required by 24 C.F.R. 570.502, and 2 19 C.F.R. Part 200; (vi) Records demonstrating compliance with the CDBG marketing, tenant selection, affordability, and income requirements; (vii) Records demonstrating compliance with MBE/WBE requirements; (viii) Records demonstrating compliance with 24 C.F.R. Part 135 which implements Section 3 of the Housing Development Act of 1968; (ix) Records demonstrating compliance with applicable relocation requirements, which must be retained for at least five (5) years after the date by which persons displaced from the property have received final payments; and (x) Records demonstrating compliance with labor requirements including certified payrolls from Borrower's general contractor evidencing that applicable prevailing wages have been paid. (b) The County shall notify Borrower of any records it deems insufficient. Borrower has fifteen (15) calendar days after the receipt of such a notice to correct any deficiency in the records specified by the County in such notice, or if a period longer than fifteen (15) days is reasonably necessary to correct the deficiency, then Borrower must begin to correct the deficiency within fifteen (15) days and correct the deficiency as soon as reasonably possible. Section 4.6 County Audits. (a) Each year, Borrower shall provide the County with a copy of Borrower's annual audit, which is to include information on all of Borrower's activities and not just those pertaining to the Residence. Borrower shall also follow the applicable audit requirements of 2 C.F.R. Part 200. (b) In addition, the County may, at any time, audit all of Borrower's books, records, and accounts pertaining to the Residence. Any such audit is to be conducted during normal business hours at the principal place of business of Borrower and wherever records are kept. Immediately after the completion of an audit, the County shall deliver a copy of the results of the audit to Borrower. (c) If it is determined as a result of an audit that there has been a deficiency in a loan repayment to the County then such deficiency will become immediately due and payable, with interest at the Default Rate from the date the deficient amount should have been paid. Section 4.7 CDBG Requirements. 20 (a) Borrower shall comply with all applicable laws and regulations governing the use of the CDBG Funds as set forth in 24 C.F.R. Part 570, including the requirements of the Regulatory Agreement and CDBG Project Agreement. In the event of any conflict between this Agreement and applicable laws and regulations governing the use of the Loan funds, the applicable laws and regulations govern. (b) The laws and regulations governing the use of the Loan funds include (but are not limited to) the following: (i) Environmental and Historic Preservation. 24 C.F.R. Part 58, which prescribes procedures for compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4361), and the additional laws and authorities listed at 24 C.F.R. 58.5; (ii) Applicability of Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The applicable policies, guidelines, and requirements of 2 C.F.R. Part 200; (iii) Debarred, Suspended or Ineligible Contractors. The prohibition on the use of debarred, suspended, or ineligible contractors set forth in 24 C.F.R. Part 24; (iv) Civil Rights, Housing and Community Development, and Age Discrimination Acts. The Fair Housing Act (42 U.S.C. 3601 et seq.) and implementing regulations at 24 C.F.R. Part 100; Title VI of the Civil Rights Act of 1964 as amended; Title VIII of the Civil Rights Act of 1968 as amended; Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended; Section 504 of the Rehabilitation Act of 1973 (29 USC 794, et seq.); the Age Discrimination Act of 1975 (42 USC 6101, et seq.); Executive Order 11063 as amended by Executive Order 12259 and implementing regulations at 24 C.F.R. Part 107; Executive Order 11246 as amended by Executive Orders 11375, 12086, 11478, 12107; Executive Order 11625 as amended by Executive Order 12007; Executive Order 12432; Executive Order 12138 as amended by Executive Order 12608; (v) Lead-Based Paint. The requirement of the Lead-Based Paint Poisoning Prevention Act, as amended (42 U.S.C. 4821 et seq.), the Residential Lead- Based Paint Hazard Reduction Act (42 U.S.C. 4851 et seq.), and implementing regulations at 24 C.F.R. Part 35; (vi) Relocation. The requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.), and implementing regulations at 49 C.F.R. Part 24; 24 C.F.R. 570.606; Section 104(d) of the Housing and Community Development Act of 1974 and implementing regulations at 24 C.F.R. 42 et seq.; and California Government Code Section 7260 et seq. and implementing regulations at 25 California Code of Regulations Sections 6000 et seq. If and to the extent that the Rehabilitation results in the permanent or temporary displacement of residential tenants, homeowners, or businesses, then Borrower shall comply with all applicable local, state, and federal statutes and regulations with respect to relocation planning, advisory assistance, and 21 payment of monetary benefits. Borrower shall prepare and submit a relocation plan to the County for approval. Borrower is solely responsible for payment of any relocation benefits to any displaced persons and any other obligations associated with complying with such relocation laws. Borrower shall indemnify, defend (with counsel reasonably chosen by the County), and hold harmless the County against all claims that arise out of relocation obligations to residential tenants, homeowners, or businesses permanently or temporarily displaced by the Rehabilitation; (vii) Discrimination against the Disabled. The requirements of the Fair Housing Act (42 U.S.C. 3601 et seq.) and implementing regulations at 24 C.F.R. Part 100; Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and federal regulations issued pursuant thereto, which prohibit discrimination against the disabled in any federally assisted program, the requirements of the Architectural Barriers Act of 1968 (42 U.S.C. 4151- 4157) and the applicable requirements of Title II and/or Title III of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.), and federal regulations issued pursuant thereto; (viii) Clean Air and Water Acts. The Clean Air Act, as amended, 42 U.S.C. 7401 et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 C.F.R. Part 1500, as amended from time to time; (ix) Uniform Administrative Requirements. The provisions of 24 C.F.R. 570.502 regarding cost and auditing requirements; (x) Training Opportunities. The requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u ("Section 3"), requiring that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the project area and agreements for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in, the areas of the project. Borrower agrees to include the following language in all subcontracts executed under this Agreement: (1) The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. (2) The parties to this contract agree to comply with HUD's regulations in 24 C.F.R. Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. (3) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining 22 agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause; and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference; shall set forth minimum number and job titles subject to hire; availability of apprenticeship and training positions; the qualifications for each; the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. (4) The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 C.F.R. Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 C.F.R. Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 C.F.R. Part 135. (5) The contractor will certify that any vacant employment positions, including training positions, that are filled (A) after the contractor is selected but before the contract is executed, and (B) with persons other than those to whom the regulations of 24 C.F.R. Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 C.F.R. Part 135. (6) Noncompliance with HUD's regulations in 24 C.F.R. Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. (7) With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). (xi) Labor Standards. The labor requirements set forth in 24 C.F.R. 570.603; the prevailing wage requirements of the Davis-Bacon Act and implementing rules and regulations (40 U.S.C. 3141-3148); the Copeland "Anti-Kickback" Act (40 U.S.C. 276(c)) which requires that workers be paid at least once a week without any deductions or rebates except permissible deductions; the Contract Work Hours and Safety Standards Act – CWHSSA (40 U.S.C. 3701-3708) which requires that workers receive "overtime" compensation at a rate of 1-1/2 times their regular hourly wage after they have worked forty (40) hours in one (1) week; and Title 29, Code of Federal Regulations, Subtitle A, Parts 1, 3 and 5 are the regulations and procedures issued by the Secretary of Labor for the administration and 23 enforcement of the Davis-Bacon Act, as amended; (xii) Drug Free Workplace. The requirements of the Drug Free Workplace Act of 1988 (P.L. 100-690) and implementing regulations at 24 C.F.R. Part 24; (xiii) Anti-Lobbying; Disclosure Requirements. The disclosure requirements and prohibitions of 31 U.S.C. 1352 and implementing regulations at 24 C.F.R. Part 87; (xiv) Historic Preservation. The historic preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. Section 470) and the procedures set forth in 36 C.F.R. Part 800. If archeological, cultural, or historic period resources are discovered during construction, all construction work must come to a halt and Borrower shall immediately notify the County. Borrower shall not shall alter or move the discovered material(s) until all appropriate procedures for "post-review discoveries" set forth in Section 106 of the National Historic Preservation Act have taken place, which include, but are not limited to, consultation with the California State Historic Preservation Officer and evaluation of the discovered material(s) by a qualified professional archeologist; (xv) Flood Disaster Protection. The requirements of the Flood Disaster Protection Act of 1973 (P.L. 93-234) (the "Flood Act"). No portion of the assistance provided under this Agreement is approved for acquisition or construction purposes as defined under Section 3(a) of the Flood Act, for use in an area identified by HUD as having special flood hazards which is not then in compliance with the requirements for participation in the national flood insurance program pursuant to Section 201(d) of the Flood Act. The use of any assistance provided under this Agreement for such acquisition or construction in such identified areas in communities then participating in the National Flood Insurance Program is subject to the mandatory purchase of flood insurance requirements of Section 102(a) of the Flood Act. If the Property is located in an area identified by HUD as having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001 et seq., the property owner and its successors or assigns must obtain and maintain, during the ownership of the Property, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under -Section 102(s) of the Flood Act. Such provisions are required notwithstanding the fact that the construction on the Property is not itself funded with assistance provided under this Agreement. (xvi) Religious Organizations. If the Borrower is a religious organization, as defined by the CDBG requirements, the Borrower shall comply with all conditions prescribed by HUD for the use of CDBG Funds by religious organizations, including the First Amendment of the United States Constitution regarding church/state principles and the applicable constitutional prohibitions set forth in 24 C.F.R. 570.200(j); (xvii) Violence Against Women. The requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs; and 24 (xviii) HUD Regulations. Any other HUD regulations present or as may be amended, added, or waived in the future pertaining to the Loan funds. Section 4.8 Hazardous Materials. (a) Borrower shall keep and maintain the Property (including but not limited to, soil and ground water conditions) in compliance with all Hazardous Materials Laws and may not cause or permit the Property to be in violation of any Hazardous Materials Law. Borrower may not cause or permit the use, generation, manufacture, storage or disposal of on, under, or about the Property or transportation to or from the Property of any Hazardous Materials, except such of the foregoing as may be customarily used in construction of structures like the Residence or kept and used in and about residential property of this type. (b) Borrower shall immediately advise the County in writing if at any time it receives written notice of any Hazardous Materials Claims, and Borrower's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property that could cause the Property or any part thereof to be classified as "border-zone property" (as defined in California Health and Safety Code Section 25117.4) under the provision of California Health and Safety Code, Section 25220 et seq., or any regulation adopted in accordance therewith, or to be otherwise subject to any restrictions on the ownership, occupancy, transferability or use of the Property under any Hazardous Materials Law. (c) The County has the right to join and participate in, as a party if it so elects, and be represented by counsel acceptable to the County (or counsel of its own choice if a conflict exists with Borrower) in any legal proceedings or actions initiated in connection with any Hazardous Materials Claims and to have its reasonable attorneys' fees in connection therewith paid by Borrower. (d) Borrower shall indemnify and hold harmless the County and its board members, supervisors, directors, officers, employees, agents, successors and assigns from and against any loss, damage, cost, fine, penalty, judgment, award, settlement, expense or liability, directly or indirectly arising out of or attributable to: (i) any actual or alleged past or present violation of any Hazardous Materials Law; (ii) any Hazardous Materials Claim; (iii) any actual or alleged past or present use, generation, manufacture, storage, release, threatened release, discharge, disposal, transportation, or presence of Hazardous Materials on, under, or about the Property; (iv) any investigation, cleanup, remediation, removal, or restoration work of site conditions of the Property relating to Hazardous Materials (whether on the Property or any other property); and (v) the breach of any representation of warranty by or covenant of Borrower in this Section 4.8, and Section 5.1(l). Such indemnity shall include, without limitation: (x) all consequential damages; (y) the costs of any required or necessary investigation, repair, cleanup or detoxification of the Property and the preparation and implementation of any closure, remedial or other required plans; and (z) all reasonable costs and expenses incurred by the County in connection with clauses (x) and (y), including but not limited to reasonable attorneys' fees and consultant fees. This indemnification applies whether or not any government agency has issued a cleanup order. Losses, claims, costs, suits, liability, and expenses covered by this indemnification provision include, but are not limited to: (1) losses attributable to diminution in 25 the value of the Property, (2) loss or restriction of use of rentable space on the Property, (3) adverse effect on the marketing of any rental space on the Property, and (4) penalties and fines levied by, and remedial or enforcement actions of any kind issued by any regulatory agency (including but not limited to the costs of any required testing, remediation, repair, removal, cleanup or detoxification of the Property and surrounding properties). This obligation to indemnify will survive termination of this Agreement and will not be diminished or affected in any respect as a result of any notice, disclosure, knowledge, if any, to or by the County of Hazardous Materials. (e) Without the County's prior written consent, which will not be unreasonably withheld, Borrower may not take any remedial action in response to the presence of any Hazardous Materials on, under or about the Property, nor enter into any settlement agreement, consent decree, or other compromise in respect to any Hazardous Material Claims, which remedial action, settlement, consent decree or compromise might, in the County's judgment, impair the value of the County's security hereunder; provided, however, that the County's prior consent is not necessary in the event that the presence of Hazardous Materials on, under, or about the Property either poses an immediate threat to the health, safety or welfare of any individual or is of such a nature that an immediate remedial response is necessary and it is not reasonably possible to obtain the County's consent before taking such action, provided that in such event Borrower shall notify the County as soon as practicable of any action so taken. The County agrees not to withhold its consent, where such consent is required hereunder, if: (i) a particular remedial action is ordered by a court of competent jurisdiction; (ii) Borrower will or may be subjected to civil or criminal sanctions or penalties if it fails to take a required action; (iii) Borrower establishes to the satisfaction of the County that there is no reasonable alternative to such remedial action which would result in less impairment of the County's security hereunder; or (iv) the action has been agreed to by the County. (f) Borrower hereby acknowledges and agrees that: (i) this Section is intended as the County's written request for information (and Borrower's response) concerning the environmental condition of the Property as required by California Code of Civil Procedure Section 726.5; and (ii) each representation and warranty in this Agreement (together with any indemnity obligation applicable to a breach of any such representation and warranty) with respect to the environmental condition of the Property is intended by the Parties to be an "environmental provision" for purposes of California Code of Civil Procedure Section 736. (g) In the event that any portion of the Property is determined to be "environmentally impaired" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(3)) or to be an "affected parcel" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(1)), then, without otherwise limiting or in any way affecting the County's or the trustee's rights and remedies under the Deed of Trust, the County may elect to exercise its rights under California Code of Civil Procedure Section 726.5(a) to: (i) waive its lien on such environmentally impaired or affected portion of the Property; and (ii) exercise, (1) the rights and remedies of an unsecured creditor, including reduction of its claim against Borrower to judgment, and (2) any other rights and remedies permitted by law. For purposes of determining the County's right to proceed as an unsecured creditor under California Code of Civil Procedure Section 726.5(a), Borrower will be deemed to have willfully permitted or 26 acquiesced in a release or threatened release of Hazardous Materials, within the meaning of California Code of Civil Procedure Section 726.5(d)(1), if the release or threatened release of Hazardous Materials was knowingly or negligently caused or contributed to by any lessee, occupant, or user of any portion of the Property and Borrower knew or should have known of the activity by such lessee, occupant, or user which caused or contributed to the release or threatened release. All costs and expenses, including (but not limited to) attorneys' fees, incurred by the County in connection with any action commenced under this paragraph, including any action required by California Code of Civil Procedure Section 726.5(b) to determine the degree to which the Property is environmentally impaired, plus interest thereon at the Default Rate, until paid, will be added to the indebtedness secured by the Deed of Trust and is due and payable to the County upon its demand made at any time following the conclusion of such action. Section 4.9 Maintenance; Damage and Destruction. (a) During the course of both rehabilitation and operation of the Residence, Borrower shall maintain the Residence and the Property in good repair and in a neat, clean and orderly condition. If there arises a condition in contravention of this requirement, and if Borrower has not cured such condition within thirty (30) days after receiving a County notice of such a condition, then in addition to any other rights available to the County, the County may perform all acts necessary to cure such condition, and to establish or enforce a lien or other encumbrance against the Property, subject to the provisions provided in subsection (b) below. (b) Subject to the requirements of senior lenders, and if economically feasible in the County's judgment after consultation with Borrower, if any improvement now or in the future on the Property is damaged or destroyed, then Borrower shall, at its cost and expense, diligently undertake to repair or restore such improvement consistent with the plans and specifications approved by the County with such changes as have been approved by the County. Such work or repair is to be commenced no later than the later of one hundred twenty (120) days, or such longer period approved by the County in writing, after the damage or loss occurs or thirty (30) days following receipt of the insurance proceeds, and is to be complete within one (1) year thereafter. Any insurance proceeds collected for such damage or destruction are to be applied to the cost of such repairs or restoration and, if such insurance proceeds are insufficient for such purpose, then Borrower shall make up the deficiency. If Borrower does not promptly make such repairs then any insurance proceeds collected for such damage or destruction are to be promptly delivered by Borrower to the County as a special repayment of the Loan, subject to the rights of the senior lenders, if any. Section 4.10 Fees and Taxes. Borrower is solely responsible for payment of all fees, assessments, taxes, charges, and levies imposed by any public authority or utility company with respect to the Property or the Residence, and shall pay such charges prior to delinquency. However, Borrower is not required to pay and discharge any such charge so long as: (i) the legality thereof is being contested diligently and in good faith and by appropriate proceedings; and (ii) if requested by the County, Borrower deposits with the County any funds or other forms of assurance that the County in good faith from time to time determines appropriate to protect the County from the consequences 27 of the contest being unsuccessful. Section 4.11 Notice of Litigation. Borrower shall promptly notify the County in writing of any litigation that has the potential to materially affect Borrower or the Property and of any claims or disputes that involve a material risk of such litigation. Section 4.12 Operation of Development as Affordable Housing. Borrower shall operate the Residence as affordable housing consistent with: (i) HUD's requirements for use of CDBG Funds; (ii) the Regulatory Agreement; and (iii) any other regulatory requirements imposed on Borrower. Section 4.13 Nondiscrimination. (a) Borrower covenants by and for itself and its successors and assigns that there will be no discrimination against or segregation of a person or of a group of persons on account of race, color, religion, creed, age (except for lawful senior housing in accordance with state and federal law), familial status, disability, sex, sexual orientation, marital status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor may Borrower or any person claiming under or through Borrower establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Property. The foregoing covenant will run with the land. (b) Nothing in this Section prohibits Borrower from requiring the Residence to be available to and occupied by income eligible households in accordance with the Regulatory Agreement. Section 4.14 Transfer. (a) For purposes of this Agreement, "Transfer" means any sale, assignment, or transfer, whether voluntary or involuntary, of: (i) any rights and/or duties under this Agreement; and/or (ii) any interest in the Property, including (but not limited to) a fee simple interest, a joint tenancy interest, a life estate, a partnership interest, a leasehold interest, a security interest, or an interest evidenced by a land contract by which possession of the Property is transferred and Borrower retains title. The term "Transfer" excludes the leasing of the Residence to an occupant in compliance with the Regulatory Agreement. (b) Except as otherwise permitted in this Section 4.14, no Transfer is permitted without the prior written consent of the County, which the County may withhold in its sole discretion. The Loan will automatically accelerate and be due in full upon any Transfer made without the prior written consent of the County. Section 4.15 Insurance Requirements. 28 (a) Borrower shall maintain the following insurance coverage throughout the Term of the Loan: (i) Workers' Compensation insurance to the extent required by law, including Employer's Liability coverage, with limits not less than One Million Dollars ($1,000,000) each accident. (ii) Commercial General Liability insurance with limits not less than Two Million Dollars ($2,000,000) each occurrence combined single limit for Bodily Injury and Property Damage, including coverages for Contractual Liability, Personal Injury, Broadform Property Damage, Products and Completed Operations. (iii) Automobile Liability insurance with limits not less than One Million Dollars ($1,000,000) each occurrence combined single limit for Bodily Injury and Property Damage, including coverages for owned, non-owned and hired vehicles, as applicable. (iv) Builders' Risk insurance during the course of construction, and upon completion of construction, property insurance covering the Residence, in form appropriate for the nature of such property, covering all risks of loss, excluding earthquake, for one hundred percent (100%) of the replacement value, with deductible, if any, acceptable to the County, naming the County as a Loss Payee, as its interests may appear. Flood insurance must be obtained if required by applicable federal regulations. (v) Commercial crime insurance covering all officers and employees, for loss of Loan proceeds caused by dishonesty, in an amount approved by the County, naming the County a Loss Payee, as its interests may appear. (b) Borrower shall cause any general contractor, agent, or subcontractor working on the Development under direct contract with Borrower or subcontract to maintain insurance of the types and in at least the minimum amounts described in subsections (i), (ii), and (iii) above, except that the limit of liability for commercial general liability insurance for subcontractors must be One Million Dollars ($1,000,000), and must require that such insurance will meet all of the general requirements of subsections (d) and (e) below. (c) The required insurance must be provided under an occurrence form, and Borrower shall maintain the coverage described in subsection (a) continuously throughout the Term. Should any of the required insurance be provided under a form of coverage that includes an annual aggregate limit or provides that claims investigation or legal defense costs be included in such annual aggregate limit, such annual aggregate limit must be three times the occurrence limits specified above. (d) Commercial General Liability, Automobile Liability and Property insurance policies must be endorsed to name as an additional insured the County and its officers, agents, employees and members of the County Board of Supervisors. 29 (e) All policies and bonds are to contain: (i) the agreement of the insurer to give the County at least thirty (30) days' notice prior to cancellation (including, without limitation, for non-payment of premium) or any material change in said policies; (ii) an agreement that such policies are primary and non-contributing with any insurance that may be carried by the County; (iii) a provision that no act or omission of Borrower shall affect or limit the obligation of the insurance carrier to pay the amount of any loss sustained; and (iv) a waiver by the insurer of all rights of subrogation against the County and its authorized parties in connection with any loss or damage thereby insured against. Section 4.16 Anti-Lobbying Certification. (a) Borrower certifies, to the best of Borrower's knowledge or belief, that: (i) No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; (ii) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. (b) This certification is a material representation of fact upon which reliance was placed when this Agreement was made or entered into. Submission of this certification is a prerequisite for making or entering into this Agreement imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than Ten Thousand Dollars ($10,000) and no more than One Hundred Thousand Dollars ($100,000) for such failure. Section 4.17 Covenants Regarding Approved Financing. (a) Borrower shall promptly pay the principal and interest when due on any Approved Financing. (b) Borrower shall promptly notify the County in writing of the existence of any default under any documents evidencing Approved Financing whether or not a default has been declared by the lender, and provide the County copies of any notice of default. (c) Borrower may not amend, modify, supplement, cancel or terminate 30 any documents related to any loan that is part of the Approved Financing without the prior written consent of the County except for amendments solely to effectuate Transfers permitted under Section 4.14 above. (d) Borrower may not incur any indebtedness of any kind other than Approved Financing or encumber the Property with any liens (other than liens for Approved Financing approved by the County) without the prior written consent of the County. (e) Borrower may not enter into any contracts with provisions that conflict with the provisions of this Agreement. ARTICLE 5 REPRESENTATIONS AND WARRANTIES OF BORROWER Section 5.1 Representations and Warranties. Borrower hereby represents and warrants to the County as follows and acknowledges, understands, and agrees that the representations and warranties set forth in this Article 5 are deemed to be continuing during all times when any portion of the Loan remains outstanding: (a) Organization. Borrower is duly organized, validly existing and in good standing under the laws of the State of California and has the power and authority to own its property and carry on its business as now being conducted. (b) Authority of Borrower. Borrower has full power and authority to execute and deliver this Agreement and to make and accept the borrowings contemplated hereunder, to execute and deliver the Loan Documents and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement, and to perform and observe the terms and provisions of all of the above. (c) Authority of Persons Executing Documents. This Agreement and the Loan Documents and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement have been executed and delivered by persons who are duly authorized to execute and deliver the same for and on behalf of Borrower, and all actions required under Borrower's organizational documents and applicable governing law for the authorization, execution, delivery and performance of this Agreement and the Loan Documents and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement, have been duly taken. (d) Valid Binding Agreements. The Loan Documents and all other documents or instruments executed and delivered pursuant to or in connection with this Agreement constitute or, if not yet executed or delivered, will when so executed and delivered constitute, legal, valid and binding obligations of Borrower enforceable against it in accordance with their respective terms. (e) No Breach of Law or Agreement. Neither the execution nor delivery of the Loan Documents or of any other documents or instruments executed and delivered, or to be executed or delivered, pursuant to this Agreement, nor the performance of any 31 provision, condition, covenant or other term hereof or thereof, will: (i) conflict with or result in a breach of any statute, rule or regulation, or any judgment, decree or order of any court, board, commission or agency whatsoever that is binding on Borrower, or conflict with any provision of the organizational documents of Borrower, or conflict with any agreement to which Borrower is a party; or (ii) result in the creation or imposition of any lien upon any assets or property of Borrower, other than liens established pursuant hereto. (f) Compliance with Laws; Consents and Approvals. The Rehabilitation will comply with all applicable laws, ordinances, rules and regulations of federal, state and local governments and agencies and with all applicable directions, rules and regulations of the fire marshal, health officer, building inspector and other officers of any such government or agency. (g) Pending Proceedings. Borrower is not in default under any law or regulation or under any order of any court, board, commission or agency whatsoever, and there are no claims, actions, suits or proceedings pending or, to the knowledge of Borrower, threatened against or affecting Borrower or the Development, at law or in equity, before or by any court, board, commission or agency whatsoever which might, if determined adversely to Borrower, materially affect Borrower's ability to repay the Loan or impair the security to be given to the County pursuant hereto. (h) Title to Land. At the time of recordation of the Deed of Trust, Borrower will have good and marketable fee title to the Development and there will exist thereon or with respect thereto no mortgage, lien, pledge or other encumbrance of any character whatsoever other than liens for current real property taxes and liens in favor of the County or approved in writing by the County. (i) Financial Statements. The financial statements of Borrower and other financial data and information furnished by Borrower to the County fairly and accurately present the information contained therein. As of the date of this Agreement, there has not been any material adverse change in the financial condition of Borrower from that shown by such financial statements and other data and information. (j) Sufficient Funds. Borrower holds sufficient funds and/or binding commitments for sufficient funds to complete the rehabilitation of the Development in accordance with the terms of this Agreement. (k) Taxes. Borrower and its subsidiaries have filed all federal and other material tax returns and reports required to be filed, and have paid all federal and other material taxes, assessments, fees and other governmental charges levied or imposed upon them or their income or the Property otherwise due and payable, except those that are being contested in good faith by appropriate proceedings and for which adequate reserves have been provided in accordance with generally accepted accounting principles. There is no proposed tax assessment against Borrower or any of its subsidiaries that could, if made, be reasonably expected to have a material adverse effect on the property, liabilities (actual or contingent), operations, condition (financial or otherwise) or prospects of Borrower and its subsidiaries, taken as a whole, or which 32 could result in (i) a material impairment of the ability of Borrower to perform under any loan document to which it is a party, or (ii) a material adverse effect upon the legality, validity, binding effect or enforceability against Borrower of any Loan Document. (l) Hazardous Materials. To the best of Borrower's knowledge, except as disclosed in writing by Borrower to the County prior to the date of this Agreement: (i) no Hazardous Material has been disposed of, stored on, discharged from, or released to or from, or otherwise now exists in, on, under, or around, the Property; (ii) neither the Property nor Borrower is in violation of any Hazardous Materials Law; and (iii) neither the Property nor Borrower is subject to any existing, pending or threatened Hazardous Materials Claims. ARTICLE 6 DEFAULT AND REMEDIES Section 6.1 Events of Default. Any one or more of the following constitutes an "Event of Default" by Borrower under this Agreement: (a) Failure to Construct. If Borrower fails to obtain permits, or to commence and prosecute the Rehabilitation to completion, within the times set forth in Article 3 above. (b) Failure to Make Payment. If Borrower fails to make any payment when such payment is due pursuant to the Loan Documents. (c) Breach of Covenants. If Borrower fails to duly perform, comply with, or observe any other condition, term, or covenant contained in this Agreement (other than as set forth in Section 6.1(a) and Section 6.1(b), and Section 6.1(d) through Section 6.1(l)), or in any of the other Loan Documents, and Borrower fails to cure such default within thirty (30) days after receipt of written notice thereof from the County to Borrower. (d) Default Under Other Loans. If a default is declared under any other financing for the Development by the lender of such financing and such default remains uncured following any applicable notice and cure period. (e) Insolvency. If a court having jurisdiction makes or enters any decree or order: (i) adjudging Borrower to be bankrupt or insolvent; (ii) approving as properly filed a petition seeking reorganization of Borrower, or seeking any arrangement for Borrower under the bankruptcy law or any other applicable debtor's relief law or statute of the United States or any state or other jurisdiction; (iii) appointing a receiver, trustee, liquidator, or assignee of Borrower in bankruptcy or insolvency or for any of their properties; (iv) directing the winding up or liquidation of Borrower if any such decree or order described in clauses (i) to (iv), inclusive, is unstayed or undischarged for a period of ninety (90) calendar days; or (v) Borrower admits in writing its inability to pay its debts as they fall due or will have voluntarily submitted to or filed a petition seeking any decree or order of the nature described in clauses (i) to (iv), inclusive. The occurrence of any of the Events of Default in this paragraph will act to accelerate 33 automatically, without the need for any action by the County, the indebtedness evidenced by the Note. (f) Assignment; Attachment. If Borrower assigns its assets for the benefit of its creditors or suffers a sequestration or attachment of or execution on any substantial part of its property, unless the property so assigned, sequestered, attached or executed upon is returned or released within ninety (90) calendar days after such event or, if sooner, prior to sale pursuant to such sequestration, attachment, or execution. The occurrence of any of the events of default in this paragraph shall act to accelerate automatically, without the need for any action by the County, the indebtedness evidenced by the Note. (g) Suspension; Termination. If Borrower voluntarily suspends its business or, the partnership is dissolved or terminated, other than a technical termination of the partnership for tax purposes. (h) Liens on Property and the Development. If any claim of lien (other than liens approved in writing by the County) is filed against the Development or any part thereof, or any interest or right made appurtenant thereto, or the service of any notice to withhold proceeds of the Loan and the continued maintenance of said claim of lien or notice to withhold for a period of twenty (20) days, without discharge or satisfaction thereof or provision therefor (including, without limitation, the posting of bonds) satisfactory to the County. (i) Condemnation. If there is a condemnation, seizure, or appropriation of all or the substantial part of the Property. (j) Unauthorized Transfer. If any Transfer occurs other than as permitted pursuant to Section 4.14. (k) Representation or Warranty Incorrect. If any Borrower representation or warranty contained in this Agreement, or in any application, financial statement, certificate, or report submitted to the County in connection with any of the Loan Documents, proves to have been incorrect in any material respect when made. (l) Applicability to General Partner. The occurrence of any of the events set forth in Section 6.1 (e), through Section 6.1 (g) in relation to Borrower's managing general partner, unless the removal and replacement of the Borrower's managing general partner in accordance with Section 4.14(f), within the time frame set forth in Section 6.1(c) cures such a default. Section 6.2 Remedies. Upon the occurrence of an Event of Default and until such Event of Default is cured or waived, the County is relieved of any obligation to disburse any portion of the Loan. In addition, upon the occurrence of an Event of Default and following the expiration of all applicable notice and cure periods the County may proceed with any and all remedies available to it under law, this Agreement, and the other Loan Documents. Such remedies include but are not limited to the 34 following: (a) Acceleration of Note. The County may cause all indebtedness of Borrower to the County under this Agreement and the Note, together with any accrued interest thereon, to become immediately due and payable. Borrower waives all right to presentment, demand, protest or notice of protest or dishonor. The County may proceed to enforce payment of the indebtedness and to exercise any or all rights afforded to the County as a creditor and secured party under the law including the Uniform Commercial Code, including foreclosure under the Deed of Trust. Borrower is liable to pay the County on demand all reasonable expenses, costs and fees (including, without limitation, reasonable attorney's fees and expenses) paid or incurred by the County in connection with the collection of the Loan and the preservation, maintenance, protection, sale, or other disposition of the security given for the Loan. (b) Specific Performance. The County has the right to mandamus or other suit, action or proceeding at law or in equity to require Borrower to perform its obligations and covenants under the Loan Documents or to enjoin acts on things that may be unlawful or in violation of the provisions of the Loan Documents. (c) Right to Cure at Borrower's Expense. The County has the right (but not the obligation) to cure any monetary default by Borrower under a loan other than the Loan. Upon demand therefor, Borrower shall reimburse the County for any funds advanced by the County to cure such monetary default by Borrower, together with interest thereon from the date of expenditure until the date of reimbursement at the Default Rate. Section 6.3 Right of Contest. Borrower may contest in good faith any claim, demand, levy, or assessment the assertion of which would constitute an Event of Default hereunder. Any such contest is to be prosecuted diligently and in a manner unprejudicial to the County or the rights of the County hereunder. Section 6.4 Remedies Cumulative. No right, power, or remedy given to the County by the terms of this Agreement or the other Loan Documents is intended to be exclusive of any other right, power, or remedy; and each and every such right, power, or remedy is cumulative and in addition to every other right, power, or remedy given to the County by the terms of any such instrument, or by any statute or otherwise against Borrower and any other person. Neither the failure nor any delay on the part of the County to exercise any such rights and remedies will operate as a waiver thereof, nor does any single or partial exercise by the County of any such right or remedy preclude any other or further exercise of such right or remedy, or any other right or remedy. ARTICLE 7 GENERAL PROVISIONS Section 7.1 Relationship of Parties. Nothing contained in this Agreement is to be interpreted or understood by any of the 35 Parties, or by any third persons, as creating the relationship of employer and employee, principal and agent, limited or general partnership, or joint venture between the County and Borrower or its agents, employees or contractors, and Borrower will at all times be deemed an independent contractor and to be wholly responsible for the manner in which it or its agents, or both, perform the services required of it by the terms of this Agreement. Borrower has and retains the right to exercise full control of employment, direction, compensation, and discharge of all persons assisting in the performance of services under the Agreement. In regards to the rehabilitation and operation of the Residence, Borrower is solely responsible for all matters relating to payment of its employees, including compliance with Social Security, withholding, and all other laws and regulations governing such matters, and must include requirements in each contract that contractors are solely responsible for similar matters relating to their employees. Borrower is solely responsible for its own acts and those of its agents and employees. Section 7.2 No Claims. Nothing contained in this Agreement creates or justifies any claim against the County by any person that Borrower may have employed or with whom Borrower may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the purchase of the Property, the rehabilitation or operation of the Residence, and Borrower shall include similar requirements in any contracts entered into for the rehabilitation or operation of the Residence. Section 7.3 Amendments. No alteration or variation of the terms of this Agreement is valid unless made in writing by the parties. The County Deputy Director, Department of Conservation and Development is authorized to execute on behalf of the County amendments to the Loan Documents or amended and restated Loan Documents as long as any discretionary change in the amount or terms of this Agreement is approved by the County's Board of Supervisors. Section 7.4 Indemnification. Borrower shall indemnify, defend and hold the County and its board members, supervisors, directors, officers, employees, agents, successors and assigns harmless against any and all claims, suits, actions, losses and liability of every kind, nature and description made against it and expenses (including reasonable attorneys' fees) which arise out of or in connection with this Agreement, including but not limited to the purchase of the Property and the rehabilitation, marketing and operation of the Residence, except to the extent such claim arises from the gross negligence or willful misconduct of the County, its agents, and its employees. The provisions of this Section will survive the expiration of the Term and the reconveyance of the Deed of Trust. Section 7.5 Non-Liability of County Officials, Employees and Agents. No member, official, employee or agent of the County is personally liable to Borrower in the event of any default or breach of this Agreement by the County or for any amount that may 36 become due from the County pursuant to this Agreement. Section 7.6 No Third Party Beneficiaries. There are no third party beneficiaries to this Agreement. Section 7.7 Discretion Retained by County. The County's execution of this Agreement in no way limits any discretion the County may have in the permit and approval process related to the Rehabilitation. Section 7.8 Conflict of Interest. (a) Except for approved eligible administrative or personnel costs, no person described in Section 7.8(b) below who exercises or has exercised any functions or responsibilities with respect to the activities funded pursuant to this Agreement or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, or have a financial interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have immediate family or business ties, during, or at any time after, such person's tenure. Borrower shall exercise due diligence to ensure that the prohibition in this Section 7.8(a) is followed. (b) The conflict of interest provisions of Section 7.8(a) above apply to any person who is an employee, agent, consultant, officer, or elected or appointed official of the County. (c) In accordance with California Government Code Section 1090 and the Political Reform Act, California Government Code section 87100 et seq., no person who is a director, officer, partner, trustee or employee or consultant of Borrower, or immediate family member of any of the preceding, may make or participate in a decision, made by the County or a County board, commission or committee, if it is reasonably foreseeable that the decision will have a material effect on any source of income, investment or interest in real property of that person or Borrower. Interpretation of this section is governed by the definitions and provisions used in the Political Reform Act, California Government Code Section 87100 et seq., its implementing regulations manual and codes, and California Government Code Section 1090. (d) Borrower shall comply with the conflict of interest provisions set forth in 24 C.F.R. 570.611. Section 7.9 Notices, Demands and Communications. All notices required or permitted by any provision of this Agreement must be in writing and sent by registered or certified mail, postage prepaid, return receipt requested, or delivered by express delivery service, return receipt requested, or delivered personally, to the principal office of the Parties as follows: 37 County: County of Contra Costa Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attention: Affordable Housing Program Manager Borrower: Richmond Neighborhood Housing Services 12972 San Pablo Ave. Richmond, CA 94805 Attention: Executive Director Such written notices, demands and communications may be sent in the same manner to such other addresses as the affected party may from time to time designate by mail as provided in this Section. Receipt will be deemed to have occurred on the date shown on a written receipt as the date of delivery or refusal of delivery (or attempted delivery if undeliverable). Section 7.10 Applicable Law. This Agreement is governed by the laws of the State of California. Section 7.11 Parties Bound. Except as otherwise limited herein, this Agreement binds and inures to the benefit of the parties and their heirs, executors, administrators, legal representatives, successors, and assigns. This Agreement is intended to run with the land and to bind Borrower and its successors and assigns in the Property and the Residence for the entire Term, and the benefit hereof is to inure to the benefit of the County and its successors and assigns. Section 7.12 Attorneys' Fees. If any lawsuit is commenced to enforce any of the terms of this Agreement, the prevailing party will have the right to recover its reasonable attorneys' fees and costs of suit from the other party. Section 7.13 Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions will continue in full force and effect unless the rights and obligations of the parties have been materially altered or abridged by such invalidation, voiding or unenforceability. Section 7.14 Force Majeure. In addition to specific provisions of this Agreement, performance by either party will not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lock- 38 outs, riots, floods, earthquakes, fires, quarantine restrictions, freight embargoes, lack of transportation, or court order. An extension of time for any cause will be deemed granted if notice by the party claiming such extension is sent to the other within ten (10) days from the commencement of the cause and such extension of time is not rejected in writing by the other party within ten (10) days after receipt of the notice. In no event will the County be required to agree to cumulative delays in excess of one hundred eighty (180) days. Section 7.15 Waivers. Any waiver by the County of any obligation or condition in this Agreement must be in writing. No waiver will be implied from any delay or failure by the County to take action on any breach or default of Borrower or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Borrower to perform any obligation under this Agreement does not operate as a waiver or release from any of its obligations under this Agreement. Consent by the County to any act or omission by Borrower may not be construed to be consent to any other or subsequent act or omission or to waive the requirement for the County's written consent to future waivers. Section 7.16 Title of Parts and Sections. Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and are to be disregarded in interpreting any part of the Agreement's provisions. Section 7.17 Entire Understanding of the Parties. The Loan Documents and the CDBG Project Agreement constitute the entire agreement of the parties with respect to the Loan. If there is a conflict between the CDBG Project Agreement and the Loan Documents, the terms of the Loan Documents will prevail. Section 7.18 Multiple Originals; Counterpart. This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. Remainder of Page Left Intentionally Blank 39 The parties are executing this Agreement as of the date first above written. COUNTY: COUNTY OF CONTRA COSTA, a political subdivision of the State of California By: _________________________________ John Kopchik Director, Department of Conservation and Development APPROVED AS TO FORM: SHARON L. ANDERSON County Counsel By: _________________________________ Kathleen Andrus Deputy County Counsel BORROWER: Richmond Housing Neighborhood Services By: _________________________________ Nikki Beasly Executive Director A-1 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY A.P.N.: B-1 EXHIBIT B WORK TO BE PERFORMED C-1 EXHIBIT C NEPA MITIGATIONS C-2 EXHIBIT D APPROVED REHABILITATION BUDGET i TABLE OF CONTENTS ARTICLE 1 DEFINITIONS AND EXHIBITS ......................................................................... 3 Section 1.1 Definitions................................................................................................... 3 Section 1.2 Exhibits. ...................................................................................................... 6 ARTICLE 2 LOAN PROVISIONS ........................................................................................... 6 Section 2.1 Loan. ........................................................................................................... 6 Section 2.2 Interest......................................................................................................... 6 Section 2.3 Use of Loan Funds. ..................................................................................... 7 Section 2.4 Security. ...................................................................................................... 7 Section 2.5 Conditions Precedent to Disbursement of Loan Funds............................... 7 Section 2.6 Conditions Precedent to Disbursement of Retention. ................................. 9 Section 2.7 Repayment Schedule. ................................................................................ 10 Section 2.8 Non-Recourse. .......................................................................................... 10 ARTICLE 3 REHABILITATION OF THE RESIDENCE ..................................................... 11 Section 3.1 Permits and Approvals. ............................................................................. 11 Section 3.2 Bid Package. ............................................................................................. 11 Section 3.3 Construction Contract. .............................................................................. 11 Section 3.4 Commencement of Construction. ............................................................. 12 Section 3.5 Completion of Construction. ..................................................................... 12 Section 3.6 Changes; Construction Pursuant to Plans and Laws. ................................ 12 Section 3.7 State Prevailing Wages. ............................................................................ 13 Section 3.8 Accessibility. ............................................................................................. 14 Section 3.9 Marketing Plan. ......................................................................................... 15 Section 3.10 Equal Opportunity. .................................................................................... 15 Section 3.11 Minority and Women-Owned Contractors. .............................................. 15 Section 3.12 Progress Reports. ...................................................................................... 15 Section 3.13 Construction Responsibilities. .................................................................. 15 Section 3.14 Mechanics Liens, Stop Notices, and Notices of Completion.................... 16 Section 3.15 Inspections. ............................................................................................... 16 Section 3.16 Approved Development Budget; Revisions to Budget. ............................ 16 Section 3.17 NEPA Mitigation Requirements. .............................................................. 17 ARTICLE 4 LOAN REQUIREMENTS .................................................................................. 17 Section 4.1 Reserve Accounts...................................................................................... 17 Section 4.2 Financial Accountings and Post-Completion Audits. ............................... 17 Section 4.3 Approval of Annual Operating Budget. .................................................... 17 Section 4.4 Information. .............................................................................................. 18 Section 4.5 Records. .................................................................................................... 18 Section 4.6 County Audits. .......................................................................................... 19 Section 4.7 CDBG Requirements. ............................................................................... 19 ii Section 4.8 Hazardous Materials. ................................................................................ 24 Section 4.9 Maintenance; Damage and Destruction. ................................................... 26 Section 4.10 Fees and Taxes. ......................................................................................... 26 Section 4.11 Notice of Litigation. .................................................................................. 27 Section 4.12 Operation of Development as Affordable Housing. ................................. 27 Section 4.13 Nondiscrimination..................................................................................... 27 Section 4.14 Transfer. .................................................................................................... 27 Section 4.15 Insurance Requirements. ........................................................................... 27 Section 4.16 Anti-Lobbying Certification. .................................................................... 29 Section 4.17 Covenants Regarding Approved Financing. ............................................. 29 ARTICLE 5 REPRESENTATIONS AND WARRANTIES OF BORROWER ..................... 30 Section 5.1 Representations and Warranties. ............................................................... 30 ARTICLE 6 DEFAULT AND REMEDIES ............................................................................ 32 Section 6.1 Events of Default. ..................................................................................... 32 Section 6.2 Remedies. .................................................................................................. 33 Section 6.3 Right of Contest. ....................................................................................... 34 Section 6.4 Remedies Cumulative. .............................................................................. 34 ARTICLE 7 GENERAL PROVISIONS .................................................................................. 34 Section 7.1 Relationship of Parties. ............................................................................. 34 Section 7.2 No Claims. ................................................................................................ 35 Section 7.3 Amendments. ............................................................................................ 35 Section 7.4 Indemnification. ........................................................................................ 35 Section 7.5 Non-Liability of County Officials, Employees and Agents...................... 35 Section 7.6 No Third Party Beneficiaries. ................................................................... 36 Section 7.7 Discretion Retained By County. ............................................................... 36 Section 7.8 Conflict of Interest. ................................................................................... 36 Section 7.9 Notices, Demands and Communications. ................................................. 36 Section 7.10 Applicable Law. ........................................................................................ 37 Section 7.11 Parties Bound. ........................................................................................... 37 Section 7.12 Attorneys' Fees. ......................................................................................... 37 Section 7.13 Severability. .............................................................................................. 37 Section 7.14 Force Majeure. .......................................................................................... 37 Section 7.15 Waivers. .................................................................................................... 38 Section 7.16 Title of Parts and Sections. ....................................................................... 38 Section 7.17 Entire Understanding of the Parties. ......................................................... 38 Section 7.18 Multiple Originals; Counterpart. ............................................................... 38 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY EXHIBIT B WORK TO BE PERFORMED EXHIBIT C NEPA MITIGATIONS EXHIBIT D APPROVED REHABILITATION BUDGET CDBG LOAN AGREEMENT Between COUNTY OF CONTRA COSTA And Richmond Neighborhood Housing Services, Inc. Dated ___________, 20__ 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Contra Costa County Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attn: Affordable Housing Program Manger No fee for recording pursuant to Government Code Section 27383 __________________________________________________________________________ REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS (Richmond Rental Rehabilitation) (CDBG Funds) This Regulatory Agreement and Declaration of Restrictive Covenants (the "Agreement") is dated ___, 20__, and is between the County of Contra Costa, a political subdivision of the State of California (the "County"), and Richmond Neighborhood Housing Services, a California nonprofit public benefit corporation ("Borrower"). RECITALS A. Defined terms used but not defined in these recitals are as defined in Article 1 of this Agreement. B. The County has received funds from the United States Department of Housing and Urban Development ("HUD") under Title I of the Housing and Community Development Act of 1974, as amended ("CDBG Funds"). The CDBG Funds must be used by the County in accordance with 24 C.F.R. Part 570. C. Borrower owns the real property commonly known as [address] Street, located in the City of Richmond, County of Contra Costa, State of California, as more particularly described in Exhibit A (the "Property"). Borrower intends to rehabilitate the single family home currently existing on the Property (the "Residence"), for rental to a very low or low income household. The work being performed to rehabilitate the Residence is described in Exhibit B (such work, the "Rehabilitation"). D. Pursuant to a CDBG Loan Agreement by and between the County and Borrower of even date herewith (the "Loan Agreement"), the County is lending Borrower _________ Dollars ($_____00) (the "Loan"). E. The County has the authority to lend the Loan to Borrower pursuant to Government Code Section 26227, which authorizes counties to spend county funds for programs that will further a county's public purposes. In addition, the County has the authority to loan the 2 CBDG Funds pursuant to 24 C.F.R. 570.202. F. The Loan is being made to finance the Rehabilitation and is intended to maintain the supply of affordable rental housing in Contra Costa County. Due to the assistance provided Borrower through the Loan, the County is designating the Residence as a "County-Assisted Unit.” G. In consideration of receipt of the Loan at an interest rate substantially below the market rate, Borrower agrees to observe all the terms and conditions set forth below. The parties therefore agree as follows: AGREEMENT ARTICLE 1 DEFINITIONS 1.1 Definitions. The following terms have the following meanings: (a) "Actual Household Size" means the actual number of persons in the applicable household. (b) "Adjusted Income" means the total anticipated annual income of all persons in the Tenant household as defined in 24 CFR 5.609 and as calculated pursuant to 24 C.F.R. 5.611. (c) "Agreement" has the meaning set forth in the first paragraph of this Agreement. (d) "CDBG" means the Community Development Block Grant Program, funded pursuant to Title I of the Housing and Community Development Act of 1974 (42 USC 5301, et seq.). (e) "CDBG Funds" has the meaning set forth in Paragraph B of the Recitals. (f) "City" means the City of Richmond, California, a municipal corporation. (g) "Completion Date" means the date a final certificate of occupancy, or equivalent document is issued by the City to certify that the Residence may be legally occupied. (h) "County-Assisted Unit" has the meaning set forth in Paragraph F of the Recitals. (i) "Deed of Trust" means the Deed of Trust with Assignment of Rents, Security Agreement and Fixture Filing of even date herewith by and among Borrower, as trustor, _________ Title Company, as trustee, and the County, as beneficiary, that encumbers the Property to secure repayment of the Loan and Borrower's performance of the Loan Documents. 3 (j) "Existing Tenants" means the tenants that occupy the Residence on the date of Borrower's acquisition of the Property. (k) “High HOME Rent” means the lesser of (1) the fair market rent for existing housing for a comparable residence in the area as established by HUD under 24 CFR 888.111, or (2) a rent that does not exceed 30 percent of the adjusted income of a family whose annual income equals 65 percent of the median income for the area, as determined by HUD, with adjustment for number of bedrooms in the Residence. The HOME rents provided by HUD will include average occupancy per unit and adjusted income assumptions. (l) "HUD" has the meaning set forth in Paragraph B of the Recitals. (m) "Loan" has the meaning set forth in Paragraph D of the Recitals. (n) "Loan Agreement" has the meaning set forth in Paragraph D of the Recitals. (o) "Loan Documents" means the documents evidencing the Loan including this Agreement, the Note, the Loan Agreement, and the Deed of Trust. (p) "Low Income Household" means a Tenant with an Adjusted Income that does not exceed eighty percent (80%) of Median Income, as determined by HUD with adjustments for smaller and larger families, except that HUD may establish income ceilings higher or lower than eighty percent (80%) of Median Income if HUD finds that such variations are necessary because of unusually high or low family incomes. (q) "Median Income" means the median gross yearly income, adjusted for Actual Household Size as specified herein, in the County of Contra Costa, California, as published from time to time by HUD. In the event that such income determinations are no longer published, or are not updated for a period of at least eighteen (18) months, the County shall provide Borrower with other income determinations that are reasonably similar with respect to methods of calculation to those previously published by HUD. (r) "Note" means the promissory note that evidences Borrower's obligation to repay the Loan, as such may be amended form time to time. (s) "Property" has the meaning set forth in Paragraph C of the Recitals. (t) "Rent" means the total monthly payments by the Tenant for the following: use and occupancy of the Residence and land and associated facilities, any separately charged fees or service charges assessed by Borrower which are customarily charged in rental housing and required of all Tenants, other than security deposits; an allowance for the cost of an adequate level of service for utilities paid by the Tenant, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuel, but not telephone service or cable TV; and any other interest, taxes, fees or charges for use of the land or associated facilities and assessed by a public or private entity other than Borrower, and paid by the Tenant. 4 (u) "Tenant" means the tenant household that occupies the Residence. (v) "Term" means the term of this Agreement, which commences as of the date of this Agreement and unless sooner terminated pursuant to the terms of this Agreement, expires on the thirtieth (30th) anniversary of the Completion Date; provided, however, if a record of the Completion Date cannot be located or established, the Term will expire on the thirty-first (31st) anniversary of this Agreement. ARTICLE 2 AFFORDABILITY AND OCCUPANCY COVENANTS 2.1 Occupancy Requirements. (a) Low income tenants (b) Disabled Persons Occupancy. Borrower shall operate the Residence at all times in compliance with the provisions of: (i) the Unruh Act, (ii) the California Fair Employment and Housing Act, (iii) Section 504 of the Rehabilitation Act of 1973, (iv) the United States Fair Housing Act, as amended, and (v) the Americans With Disabilities Act of 1990, which relate to disabled persons access. Borrower shall indemnify, protect, hold harmless and defend (with counsel reasonably satisfactory to the County) the County, and its board members, officers and employees, from all suits, actions, claims, causes of action, costs, demands, judgments and liens arising out of Borrower's failure to comply with applicable legal requirements related to housing for persons with disabilities. The provisions of this subsection will survive expiration of the Term or other termination of this Agreement, and remain in full force and effect. (c) Existing Tenants. Borrower shall provide the County a written report of the income and rent amount of the Existing Tenants within thirty (30) days of acquisition of the Residence. Borrower may not increase Existing Tenants’ rent upon completion of the Rehabilitation without the approval of the County. Any Existing Tenant lawfully residing in the Residence as of the date of this Agreement is entitled to remain a resident of the Residence, even if the Tenant does not meet the income criteria of this Section 2.1. If and when a non-qualifying Existing Tenant voluntarily vacates the Residence, Borrower shall rent the Residence to a Low Income Household to satisfy the terms of this Section of this Agreement. 2.2 Allowable Rent. (a) Low Income Rent. Subject to the provisions of Section 2.3 below, the Rent paid by Tenants may not exceed the HOME program “High HOME” Rent. (b) No Additional Fees. Borrower may not charge any fee, other than Rent, to any Tenant for any housing or other services provided by Borrower under this Agreement. 5 2.3 Rent Increases; Increased Income of Tenants. (a) Rent Increases. All Rent increases for the Residence are subject to County approval. The Rent for the Residence may be increased no more than once annually based upon the annual income certification described in Article 3. Tenants are to be given at least thirty (30) days written notice prior to any Rent increase. (b) Non-Qualifying Household. If, upon the annual certification of the Tenant’s income, Borrower determines that the Tenant’s income has increased above the qualifying limit for a Low Income Household, the Tenant may continue to occupy the Residence. Upon the expiration of such Tenant's lease, Borrower may: with thirty (30) days advance written notice, increase the Tenant's Rent to one-twelfth (1/12th ) of thirty percent (30%) of the actual Adjusted Income of the Tenant. (c) Termination of Occupancy. Upon termination of Tenant’s occupancy of the Residence, the Residence will be deemed to be continuously occupied by a household of the same income level as the initial income level of the vacating Tenant, until the Residence is reoccupied, at which time categorization of the Residence will be established based on the occupancy requirements of Section 2.1. 2.4 Residence Available to the Disabled. Borrower shall rehabilitate the Residence in compliance with all applicable federal and state disabled persons’ accessibility requirements including but not limited to the Federal Fair Housing Act; Section 504 of the Rehabilitation Act of 1973; Title II and/or Title III of the Americans with Disabilities Act; and Title 24 of the California Code of Regulations. ARTICLE 3 INCOME CERTIFICATION AND REPORTING 3.1 Income Certification. Borrower shall obtain, complete, and maintain on file, within sixty (60) days before expected occupancy and annually thereafter, income certifications from the Tenant. Borrower shall make a good faith effort to verify the accuracy of the income provided by the applicant or Tenant, as the case may be, in an income certification. To verify the information Borrower shall take two or more of the following steps: (i) obtain a pay stub for the most recent pay period; (ii) obtain an income tax return for the most recent tax year; (iii) conduct a credit agency or similar search; (iv) obtain an income verification form from the applicant's current employer; (v) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies; or (vi) if the applicant is unemployed and does not have a tax return, obtain another form of independent verification. Copies of Tenant income certifications are to be available to the County upon request. 3.2 Reporting Requirements. Borrower shall submit to the County (a) not later than forty-five (45) days after the close of each calendar year, or such other date as may be requested by the County, a statistical report, including income and rent data for the Residence, setting forth the information called for therein, and (b) within fifteen (15) days after receipt of a written 6 request, any other information or completed forms requested by the County in order to comply with reporting requirements of HUD, the State of California, and the County. 3.3 Additional Information. Borrower shall provide any additional information reasonably requested by the County. 3.4 Records. Borrower shall maintain complete, accurate and current records pertaining to the Residence, and shall permit any duly authorized representative of the County to inspect records, including records pertaining to income and household size of each Tenant. All Tenant lists, applications and waiting lists relating to the Residence are to be at all times: (i) separate and identifiable from any other business or rental home of Borrower, (ii) maintained as required by the County, in a reasonable condition for proper audit, and (iii) subject to examination during business hours by representatives of the County. Borrower shall retain copies of all materials obtained or produced with respect to occupancy of the Residence for a period of at least five (5) years. The County may examine and make copies of all books, records or other documents of Borrower that pertain to the Residence. 3.5 On-Site Inspection. The County may perform an on-site inspection of the Residence at least one (1) time per year. Borrower shall cooperate in such inspection. ARTICLE 4 OPERATION OF THE RESIDENCE 4.1 Residential Use. Borrower shall operate the Residence for residential use only. No part of the Residence may be operated as transient housing. 4.2 Compliance with Loan Documents and Program Requirements. Borrower's actions with respect to the Property shall at all times be in full conformity with: (i) all requirements of the Loan Documents; (ii) all requirements imposed on projects assisted with CDBG Funds as contained in 42 U.S.C. Section 5301, et seq., 24 C.F.R. Part 570, and other implementing rules and regulations, and (iii) any other regulatory requirements imposed on the Residence. 4.3 Taxes and Assessments. Borrower shall pay all real and personal property taxes, assessments and charges and all franchise, income, employment, old age benefit, withholding, sales, and other taxes assessed against it, or payable by it, at such times and in such manner as to prevent any penalty from accruing, or any lien or charge from attaching to the Property; provided, however, that Borrower may contest in good faith, any such taxes, assessments, or charges. In the event Borrower exercises its right to contest any tax, assessment, or charge against it, Borrower, on final determination of the proceeding or contest, will immediately pay or discharge any decision or judgment rendered against it, together with all costs, charges and interest. 4.4 Property Tax Exemption. Borrower shall not apply for a property tax exemption for the Property under any provision of law except California Revenue and Taxation Section 214(g) without the prior written consent of the County. 7 ARTICLE 5 PROPERTY MANAGEMENT AND MAINTENANCE 5.1 Management Responsibilities. Borrower is responsible for managing the Residence and its rental, including without limitation the selection of Tenants, certification and recertification of household size and income, evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, and security. The County has no responsibility for managing the Residence. 5.2 Management Agent. Borrower is the “Management Agent” and shall operate the Residence in a manner that will provide decent, safe, and sanitary housing. If Borrower desires to engage an outside company to act as the Management Agent, Borrower shall submit for the County's approval the identity of any proposed management agent. Borrower shall also submit such additional information about the background, experience and financial condition of any proposed management agent as is reasonably necessary for the County to determine whether the proposed management agent meets the standard for a qualified management agent set forth above. If the proposed management agent is approved by the County in its reasonable discretion, the County shall notify Borrower in writing. Unless the proposed management agent is disapproved by the County within thirty (30) days, which disapproval is to state with reasonable specificity the basis for disapproval, it shall be deemed approved. 5.3 Periodic Performance Review. The County reserves the right to conduct an annual (or more frequently, if deemed necessary by the County) review of the management practices and financial status of the Residence. The purpose of each periodic review will be to enable the County to determine if the Residence is being operated and managed in accordance with the requirements and standards of this Agreement. Borrower shall cooperate with the County in such reviews. 5.4 Replacement of Management Agent. If, as a result of a periodic review, the County determines in its reasonable judgment that the Residence is not being operated and managed in accordance with any of the material requirements and standards of this Agreement, the County shall deliver notice to Borrower of its intention to cause the Management Agent to be replaced, including the reasons therefor. Within fifteen (15) days after receipt by Borrower of such written notice, the County staff and Borrower shall meet in good faith to consider methods for improving the financial and operating status of the Residence, including, without limitation, replacing the Management Agent. If, after such meeting, County staff recommends in writing replacing the Management Agent, Borrower shall promptly dismiss the then-current Management Agent, and shall appoint as the Management Agent a person or entity meeting the standards for a management agent set forth in Section 5.2 above and approved by the County pursuant to Section 5.2 above. Any contract for the operation or management of the Residence entered into by Borrower shall provide that the Management Agent may be dismissed and the contract terminated as set forth above. Failure to remove the Management Agent in accordance with the provisions of this Section constitutes a default under this Agreement, and the County may enforce this provision through legal proceedings as specified in Section 6.7 below. 8 5.5 Approval of Management Policies. Borrower shall submit its written management policies with respect to the Residence to the County for its review, and shall amend such policies in any way necessary to ensure that such policies comply with the provisions of this Agreement. 5.6 Property Maintenance. Borrower shall maintain, for the entire Term of this Agreement, all interior and exterior Improvements, including landscaping, on the Property in good condition and repair (and, as to landscaping, in a healthy condition) and in accordance with all applicable laws, rules, ordinances, orders and regulations of all federal, state, county, municipal, and other governmental agencies and bodies having or claiming jurisdiction and all their respective departments, bureaus, and officials, and in accordance with the following maintenance conditions: The County places prime importance on quality maintenance to protect its investment and to ensure that all County and County-assisted affordable housing projects within the County are not allowed to deteriorate due to below-average maintenance. Normal wear and tear of the Residence will be acceptable to the County assuming Borrower agrees to provide all necessary improvements to assure the Residence is maintained in good condition. Borrower shall make all repairs and replacements necessary to keep the improvements in good condition and repair. In the event that Borrower breaches any of the covenants contained in this section and such default continues for a period of five (5) days after written notice from the County with respect to graffiti, debris, waste material, and general maintenance or thirty (30) days after written notice from the County with respect to landscaping and building improvements, then the County, in addition to whatever other remedy it may have at law or in equity, has the right to enter upon the Property and perform or cause to be performed all such acts and work necessary to cure the default. Pursuant to such right of entry, the County is permitted (but is not required) to enter upon the Property and to perform all acts and work necessary to protect, maintain, and preserve the improvements and landscaped areas on the Property, and to attach a lien on the Property, or to assess the Property, in the amount of the expenditures arising from such acts and work of protection, maintenance, and preservation by the County and/or costs of such cure, which amount shall be promptly paid by Borrower to the County upon demand. ARTICLE 6 MISCELLANEOUS 6.1 Lease Provisions. In newly leasing the Residence, Borrower shall use a form of lease approved by the County. The form of lease must comply with all requirements of this Agreement, the other Loan Documents and must, among other matters: (a) provide for termination of the lease for failure to: (i) provide any information required under this Agreement or reasonably requested by Borrower to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy of the Residence in accordance with the standards set forth in this Agreement, or (ii) qualify as a 9 Low Income Household as a result of any material misrepresentation made by such Tenant with respect to the income computation. (b) be for an initial term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no increase in Rent during such year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 (a) above. (c) include a provision that requires a Tenant who resides in an accessible residence pursuant to Section 2.4 and who is not in need of an accessible residence to move to a non-accessible residence when a non-accessible residence becomes available and another Tenant or prospective Tenant is in need of an accessible residence. (d) include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs. 6.2 Lease Termination. Any termination of a lease or refusal to renew a lease for the Residence must be preceded by not less than thirty (30) days written notice to the Tenant by Borrower specifying the grounds for the action. 6.3 Nondiscrimination. (a) If not occupied, the Residence must be available for occupancy on a continuous basis to members of the general public who are income eligible. Borrower may not give preference to any particular class or group of persons in renting the Residence, except to the extent that the Residence must be leased to income eligible households pursuant to this Agreement. Borrower herein covenants by and for Borrower, assigns, and all persons claiming under or through Borrower, that no discrimination exists against, or segregation of, any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, source of income (e.g., SSI), ancestry, or disability, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the Residence, nor will Borrower or any person claiming under or through Borrower, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees of the Residence or in connection with the employment of persons for the rehabilitation, operation or management of the Residence. (b) Borrower shall accept as Tenants, on the same basis as all other prospective Tenants, persons who are recipients of federal certificates for rent subsidies pursuant to the existing housing program under Section 8 of the United States Housing Act, or its successor. Borrower may not apply selection criteria to Section 8 certificate or voucher holders that is more burdensome than criteria applied to all other prospective Tenants, nor will Borrower apply or permit the application of management policies or lease provisions with respect to the Residence that have the effect of precluding occupancy of the Residence by such prospective Tenants. 10 6.4 Term. The provisions of this Agreement apply to the Property for the entire Term even if the Loan is paid in full prior to the end of the Term. This Agreement binds any successor, heir or assign of Borrower, whether a change in interest occurs voluntarily or involuntarily, by operation of law or otherwise, except as expressly released by the County. The County is making the Loan on the condition, and in consideration of, this provision and would not do so otherwise. 6.5 Notice of Expiration of Term. (a) At least six (6) months prior to the expiration of the Term, Borrower shall provide by first-class mail, postage prepaid, a notice to the Tenant containing (i) the anticipated date of the expiration of the Term, (ii) any anticipated increase in Rent upon the expiration of the Term, (iii) a statement that a copy of the notice will be sent to the County, and (iv) a statement that a public hearing may be held by the County on the issue and that the Tenant will receive notice of the hearing at least fifteen (15) days in advance of any the hearing. Borrower shall also file a copy of the above-described notice with the County Deputy Director-Current Planning. (b) In addition to the notice required above, Borrower shall comply with the requirements set forth in California Government Code Sections 65863.10 and 65863.11. Such notice requirements include: (i) a twelve (12) month notice to existing tenants, prospective tenants and Affected Public Agencies (as defined in California Government Code Section 65863.10(a)) prior to the expiration of the Term, (ii) a six (6) month notice requirement to existing tenants, prospective tenants and Affected Public Agencies prior to the expiration of the Term; (iii) a notice of an offer to purchase the Residence to "qualified entities" (as defined in California Government Code Section 65863.11(d)), if the Residence is to be sold within five (5) years of the end of the Term; (iv) a notice of right of first refusal within the one hundred eighty (180) day period that qualified entities may purchase the Residence. 6.6 Covenants to Run With the Land. The County and Borrower hereby declare their express intent that the covenants and restrictions set forth in this Agreement run with the land, and bind all successors in title to the Property, provided, however, that on the expiration of the Term of this Agreement said covenants and restrictions expire. Each and every contract, deed or other instrument hereafter executed covering or conveying the Property or any portion thereof, is to be held conclusively to have been executed, delivered and accepted subject to the covenants and restrictions, regardless of whether such covenants or restrictions are set forth in such contract, deed or other instrument, unless the County expressly releases such conveyed portion of the Property from the requirements of this Agreement. 6.7 Enforcement by the County. If Borrower fails to perform any obligation under this Agreement, and fails to cure the default within thirty (30) days after the County has notified Borrower in writing of the default or, if the default cannot be cured within thirty (30) days, fails to commence to cure within thirty (30) days and thereafter diligently pursue such cure and 11 complete such cure within sixty (60) days, the County may enforce this Agreement by any or all of the following actions, or any other remedy provided by law: (a) Calling the Loan. The County may declare a default under the Note, accelerate the indebtedness evidenced by the Note, and proceed with foreclosure under the Deed of Trust. (b) Action to Compel Performance or for Damages. The County may bring an action at law or in equity to compel Borrower's performance of its obligations under this Agreement, and may seek damages. (c) Remedies Provided Under Loan Documents. The County may exercise any other remedy provided under the Loan Documents. 6.8 Attorneys' Fees and Costs. In any action brought to enforce this Agreement, the prevailing party must be entitled to all costs and expenses of suit, including reasonable attorneys' fees. This section must be interpreted in accordance with California Civil Code Section 1717 and judicial decisions interpreting that statute. 6.9 Recording and Filing. The County and Borrower shall cause this Agreement, and all amendments and supplements to it, to be recorded in the Official Records of the County of Contra Costa. 6.10 Governing Law. This Agreement is governed by the laws of the State of California. 6.11 Waiver of Requirements. Any of the requirements of this Agreement may be expressly waived by the County in writing, but no waiver by the County of any requirement of this Agreement extends to or affects any other provision of this Agreement, and may not be deemed to do so. 6.12 Amendments. This Agreement may be amended only by a written instrument executed by all the parties hereto or their successors in title that is duly recorded in the official records of the County of Contra Costa. 6.13 Notices. Any notice requirement set forth herein will be deemed to be satisfied three (3) days after mailing of the notice first-class United States certified mail, postage prepaid, addressed to the appropriate party as follows: County: County of Contra Costa Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attn: Affordable Housing Program Manager Borrower: Richmond Neighborhood Housing Services 2320 Cutting Boulevard 12 Richmond, CA 94804 Attention: Executive Director Such addresses may be changed by notice to the other party given in the same manner as provided above. 6.14 Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions of this Agreement will not in any way be affected or impaired thereby. 6.15 Multiple Originals; Counterparts. This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. [remainder of page intentionally left blank] 13 Signature page County Regulatory Agreement The parties are signing this Agreement as of the date first written above. COUNTY: COUNTY OF CONTRA COSTA, a political subdivision of the State of California By: __________________ John Kopchik Director, Department of Conservation and Development Approved as to form: SHARON L. ANDERSON County Counsel By: Kathleen Andrus Deputy County Counsel BORROWER: Richmond Housing Neighborhood Services By: _______________________ Nikki Beasly Executive Director STATE OF CALIFORNIA ) ) COUNTY OF __________________ ) On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ______________________________________ Name: ______________________________ Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) COUNTY OF __________________ ) On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ______________________________________ Name: ______________________________ Notary Public A-1 EXHIBIT A Legal Description The land is situated in the State of California, County of Contra Costa, and is described as follows: 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: County of Contra Costa Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attention: Affordable Housing Program Manager No fee for recording pursuant to Government Code Section 27383 CONSTRUCTION DEED OF TRUST WITH ASSIGNMENT OF RENTS, SECURITY AGREEMENT, AND FIXTURE FILING insert property address Richmond, California) THIS CONSTRUCTION DEED OF TRUST WITH ASSIGNMENT OF RENTS, SECURITY AGREEMENT, AND FIXTURE FILING ("Deed of Trust") is made as of insert same date as Note and Loan, by and among Richmond Neighborhood Housing Services, a California nonprofit public benefit corporation ("Trustor"), Insert Name of Title Company Title Company, a California corporation ("Trustee"), and the County of Contra Costa, a political subdivision of the State of California ("Beneficiary"). FOR GOOD AND VALUABLE CONSIDERATION, including the indebtedness herein recited and the trust herein created, the receipt of which is hereby acknowledged, Trustor hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions hereinafter set forth, Trustor's fee interest in the property located in Contra Costa County, State of California, that is described in the attached Exhibit A, incorporated herein by this reference (the "Property"). TOGETHER WITH all interest, estates or other claims, both in law and in equity which Trustor now has or may hereafter acquire in the Property and the rents; TOGETHER WITH all easements, rights-of-way and rights used in connection therewith or as a means of access thereto, including (without limiting the generality of the foregoing) all tenements, hereditaments and appurtenances thereof and thereto; TOGETHER WITH any and all buildings and improvements of every kind and description now or hereafter erected thereon, and all property of the Trustor now or hereafter affixed to or placed upon the Property; TOGETHER WITH all building materials and equipment now or hereafter delivered to said property and intended to be installed therein; 2 TOGETHER WITH all right, title and interest of Trustor, now owned or hereafter acquired, in and to any land lying within the right-of-way of any street, open or proposed, adjoining the Property, and any and all sidewalks, alleys and strips and areas of land adjacent to or used in connection with the Property; TOGETHER WITH all estate, interest, right, title, other claim or demand, of every nature, in and to such property, including the Property, both in law and in equity, including, but not limited to, all deposits made with or other security given by Trustor to utility comp anies, the proceeds from any or all of such property, including the Property, claims or demands with respect to the proceeds of insurance in effect with respect thereto, which Trustor now has or may hereafter acquire, any and all awards made for the taking by eminent domain or by and proceeding or purchase in lieu thereof of the whole or any part of such property, including without limitation, any awards resulting from a change of grade of streets and awards for severance damages to the extent Beneficiary has an interest in such awards for taking as provided in Paragraph 4.1 herein; TOGETHER WITH all of Trustor's interest in all articles of personal property or fixtures now or hereafter attached to or used in and about the building or buildings now erected or hereafter to be erected on the Property which are necessary to the complete and comfortable use and occupancy of such building or buildings for the purposes for which they were or are to be erected, including all other goods and chattels and personal property as are ever used or furnished in operating a building, or the activities conducted therein, similar to the one herein described and referred to, and all renewals or replacements thereof or articles in substitution therefor, whether or not the same are, or shall be attached to said building or buildings in any manner; and TOGETHER WITH all of Trustor's interest in all building materials, fixtures, equipment, work in process and other personal property to be incorporated into the Property; all goods, materials, supplies, fixtures, equipment, machinery, furniture and furnishings, signs and other personal property now or hereafter appropriated for use on the Property, whether stored on the Property or elsewhere, and used or to be used in connection with the Property; all rents, issues and profits, and all inventory, accounts, accounts receivable, contract rights, general intangibles, chattel paper, instruments, documents, notes drafts, letters of credit, insurance policies, insurance and condemnation awards and proceeds, trade names, trademarks and service marks arising from or related to the Property and any business conducted thereon by Trustor; all replacements, additions, accessions and proceeds; and all books, records and files relating to any of the foregoing. All of the foregoing, together with the Property, is herein referred to as the "Security." To have and to hold the Security together with acquittances to the Trustee, its successors and assigns forever. FOR THE PURPOSE OF SECURING: A. Payment of just indebtednesses of Trustor to Beneficiary as set forth in the Note (defined in Article 1 below) until paid or cancelled. Said principal and other payments shall be 3 due and payable as provided in the Note. Said Note and all its terms are incorporated herein by reference, and this conveyance shall secure any and all extensions thereof, however evidenced; and B. Payment of any sums advanced by Beneficiary to protect the Security pursuant to the terms and provisions of this Deed of Trust following a breach of Trustor's obligation to advance said sums and the expiration of any applicable cure period, with interest thereon as provided herein; and C. Performance of every obligation, covenant or agreement of Trustor contained herein and in the Loan Documents (defined in Article 1 below). AND TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES: ARTICLE 1: DEFINITIONS In addition to the terms defined elsewhere in this Deed of Trust, the following terms shall have the following meanings in this Deed of Trust: Section 1.1 The term "Loan Agreement" means that certain Neighborhood Stabilization Program Loan Agreement between Trustor and Beneficiary, of even date herewith, providing for the Beneficiary to loan to the Trustor In Title Case, spell out full loan amount Dollars ($Numerically, insert full loan amount) for the acquisition and rehabilitation of the Property. Section 1.2 The term "Loan Documents" means this Deed of Trust, the Note, the Loan Agreement, and the Program Agreement and any other debt, loan or security instruments between Trustor and the Beneficiary relating to the Property. Section 1.3 The term "Note" means that certain promissory note in the amount of In Title Case, spell out full loan amount Dollars ($Numerically, insert full loan amount), of even date herewith, executed by the Trustor in favor of the Beneficiary, the payment of which is secured by this Deed of Trust. (Copies of the Note are on file with the Beneficiary and terms and provisions of the Note are incorporated herein by reference.) Section 1.4 The term "Principal" means the aggregate of the amounts required to be paid under the Note. Section 1.5 The term "Project Agreement" means the Project Agreement – County of Contra Costa Community Development Block Grant Program dated July 1, 2018 by and between the County and the Borrower. 4 ARTICLE 2: MAINTENANCE AND MODIFICATION OF THE PROPERTY AND SECURITY Section 2.1 Maintenance and Modification of the Property by Trustor. The Trustor agrees that at all times prior to full payment of the sum owed under the Note, the Trustor will, at the Trustor's own expense, maintain, preserve and keep the Security or cause the Security to be maintained and preserved in good condition. The Trustor will from time to time make or cause to be made all repairs, replacements and renewals deemed proper and necessary by it. The Beneficiary shall have no responsibility in any of these matters or for the making of improvements or additions to the Security. Trustor agrees to pay fully and discharge (or cause to be paid fully and discharged) all claims for labor done and for material and services furnished in connection with the Security, diligently to file or procure the filing of a valid notice of cessation upon the event of a cessation of labor on the work or construction on the Security for a continuous period of thirty (30) days or more, and to take all other reasonable steps to forestall the assertion of claims of lien against the Security of any part thereof. Trustor irrevocably appoints, designates and authorizes Beneficiary as its agent (said agency being coupled with an interest) with the authority, but without any obligation, to file for record any notices of completion or cessation of labor or any other notice that Beneficiary deems necessary or desirable to protect its interest in and to the Security or the Loan Documents; provided, however, that Beneficiary shall exercise its rights as agent of Trustor only in the event that Trustor shall fail to take, or shall fail to diligently continue to take, those actions as hereinbefore provided. Upon demand by Beneficiary, Trustor shall make or cause to be made such demands or claims as Beneficiary shall reasonably specify upon laborers, materialmen, subcontractors or other persons who have furnished or claim to have furnished labor, services or materials in connection with the Security. Nothing herein contained shall require Trustor to pay any claims for labor, materials or services which Trustor in good faith disputes and is diligently contesting provided that Trustor shall, within thirty (30) days after the filing of any claim of lien, record in the Office of the Recorder of the County of Contra Costa, a surety bond in an amount 1 and 1/2 times the amount of such claim item to protect against a claim of lien. Section 2.2 Granting of Easements. Trustor may not grant easements, licenses, rights-of-way or other rights or privileges in the nature of easements with respect to any property or rights included in the Security except those required or desirable for installation and maintenance of public utilities including, without limitation, water, gas, electricity, sewer, telephone and telegraph, or those required by law and as approved, in writing, by Beneficiary. Section 2.3 Assignment of Rents. As part of the consideration for the indebtedness evidenced by the Note, Trustor hereby absolutely and unconditionally assigns and transfers to Beneficiary all the rents and revenues of the Property including those now due, past due, or to become due by virtue of any lease or other 5 agreement for the occupancy or use of all or any part of the Property, regardless of to whom the rents and revenues of the Property are payable. Trustor hereby authorizes Beneficiary or Beneficiary's agents to collect the aforesaid rents and revenues and hereby directs each tenant of the Property to pay such rents to Beneficiary or Beneficiary's agents; provided, however, that prior to written notice given by Beneficiary to Trustor of the breach by Trustor of any covenant or agreement of Trustor in the Loan Documents, Trustor shall collect and receive all rents and revenues of the Property as trustee for the benefit of Beneficiary and Trustor to apply the rents and revenues so collected to the sums secured by this Deed of Trust with the balance, so long as no such breach has occurred, to the account of Trustor, it being intended by Trustor and Beneficiary that this assignment of rents constitutes an absolute assignment and not an assignment for additional security only. Upon delivery of written notice by Beneficiary to Trustor of the breach by Trustor of any covenant or agreement of Trustor in the Loan Documents, and without the necessity of Beneficiary entering upon and taking and maintaining full control of the Property in person, by agent or by a court-appointed receiver, Beneficiary shall immediately be entitled to possession of all rents and revenues of the Property as specified in this Section 2.3 as the same becomes due and payable, including but not limited to rents then due and unpaid, and all such rents shall immediately upon delivery of such notice be held by Trustor as trustee for the benefit of Beneficiary only; provided, however, that the written notice by Beneficiary to Trustor of the breach by Trustor shall contain a statement that Beneficiary exercises its rights to such rents. Trustor agrees that commencing upon delivery of such written notice of Trustor's breach by Beneficiary to Trustor, each tenant of the Property shall make such rents payable to and pay such rents to Beneficiary or Beneficiary's agents on Beneficiary's written demand to each tenant therefor, delivered to each tenant personally, by mail or by delivering such demand to each rental unit, without any liability on the part of said tenant to inquire further as to the existence of a default by Trustor. Trustor hereby covenants that Trustor has not executed any prior assignment of said rents, that Trustor has not performed, and will not perform, any acts or has not executed and will not execute, any instrument which would prevent Beneficiary from exercising its rights under this Section 2.3, and that at the time of execution of this Deed of Trust, there has been no anticipation or prepayment of any of the rents of the Property for more than two (2) months prior to the due dates of such rents. Trustor covenants that Trustor will not hereafter collect or accept payment of any rents of the Property more than two (2) months prior to the due dates of such rents. Trustor further covenant that Trustor will execute and deliver to Beneficiary such further assignments of rents and revenues of the Property as Beneficiary may from time to time request. Upon Trustor's breach of any covenant or agreement of Trustor in the Loan Documents, Beneficiary may in person, by agent or by a court-appointed receiver, regardless of the adequacy of Beneficiary's security, enter upon and take and maintain full control of the Property in order to perform all acts necessary and appropriate for the operation and maintenance thereof including, but not limited to, the execution, cancellation or modification of leases, the collection of all rents and revenues of the Property, the making of repairs to the Property and the execution or termination of contracts providing for the management or maintenance of the Property, all on such terms as are deemed best to protect the security of this Deed of Trust. In the event Beneficiary elects to seek the appointment of a receiver for the Property upon Trustor's breach of any covenant or agreement of Trustor in this Deed of Trust, Trustor hereby expressly consents to 6 the appointment of such receiver. Beneficiary or the receiver shall be entitled to receive a reasonable fee for so managing the Property. All rents and revenues collected subsequent to delivery of written notice by Beneficiary to Trustor of the breach by Trustor of any covenant or agreement of Trustor in the Loan Documents shall be applied first to the costs, if any, of taking control of and managing the Property and collecting the rents, including, but not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds, costs of repairs to the Property, premiums on insurance policies, taxes, assessments and other charges on the Property, and the costs of discharging any obligation or liability of Trustor as lessor or landlord of the Property and then to the sums secured by this deed of Trust. Beneficiary or the receiver shall have access to the books and records used in the operation and maintenance of the Property and shall be liable to account only for those rents actually received. Beneficiary shall not be liable to Trustor, anyone claiming under or through Trustor or anyone having an interest in the Property by reason of anything done or left undone by Beneficiary under this Section 2.3. If the rents of the Property are not sufficient to meet the costs, if any, of taking control of and managing the Property and collecting the rents, any funds expended by Beneficiary for such purposes shall become indebtedness of Trustor to Beneficiary secured by this Deed of Trust pursuant to Section 3.3 hereof. Unless Beneficiary and Trustor agree in writing to other terms of payment, such amounts shall be payable upon notice from Beneficiary to Trustor requesting payment thereof and shall bear interest from the date of disbursement at the rate stated in Section 3.3. Any entering upon and taking and maintaining of control of the Property by Beneficiary or the receiver and any application of rents as provided herein shall not cure or waive any default hereunder or invalidate any other right or remedy of Beneficiary under applicable law or provided herein. This assignment of rents of the Property shall terminate at such time as this Deed of Trust ceases to secure indebtedness held by Beneficiary. ARTICLE 3: TAXES AND INSURANCE; ADVANCES Section 3.1 Taxes, Other Governmental Charges and Utility Charges. Trustor shall pay, or cause to be paid, at least fifteen (15) days prior to the date of delinquency, all taxes, assessments, charges and levies imposed by any public authority or utility company which are or may become a lien affecting the Security or any part thereof; provided, however, that Trustor shall not be required to pay and discharge any such tax, assessment, charge or levy so long as (a) the legality thereof shall be promptly and actively contested in good faith and by appropriate proceedings, and (b) Trustor maintains reserves adequate to pay any liabilities contested pursuant to this Section 3.1. With respect to taxes, special assessments or other similar governmental charges, Trustor shall pay such amount in full prior to the attachment of any lien therefor on any part of the Security; provided, however, if such taxes, assessments or charges may be paid in installments, Trustor may pay in such installments. Except as provided in clause (b) of the first sentence of this paragraph, the provisions of this Section 3.1 shall not be construed 7 to require that Trustor maintain a reserve account, escrow account, impound account or other similar account for the payment of future taxes, assessments, charges and levies. In the event that Trustor shall fail to pay any of the foregoing items required by this Section to be paid by Trustor, Beneficiary may (but shall be under no obligation to) pay the same, after the Beneficiary has notified the Trustor in writing of such failure to pay and the Trustor fails to fully pay such items within seven (7) business days after receipt of such notice. Any amount so advanced therefor by Beneficiary, together with interest thereon from the date of such advance at the maximum rate permitted by law, shall become an additional obligation of Trustor to the Beneficiary and shall be secured hereby, and Trustor agrees to pay all such amounts. Section 3.2 Provisions Respecting Insurance. Trustor agrees to provide insurance conforming in all respects to that required under the Loan Documents during the course of construction and following completion, and at all times until all amounts secured by this Deed of Trust have been paid and all other obligations secured hereunder fulfilled, and this Deed of Trust reconveyed. All such insurance policies and coverages shall be maintained at Trustor's sole cost and expense. Certificates of insurance for all of the above insurance policies, showing the same to be in full force and effect, shall be delivered to the Beneficiary upon demand therefor at any time prior to the Beneficiary's receipt of the entire Principal and all amounts secured by this Deed of Trust. The Trustor is aware that California Civil Code Section 2955.5(a) provides as follows: "No lender shall require a borrower, as a condition of receiving or maintaining a loan secured by real property, to provide hazard insurance coverage against risks to the improvements on that real property in an amount exceeding the replacement value of the improvements on the property." Section 3.3 Advances. In the event the Trustor shall fail to maintain the full insurance coverage required by this Deed of Trust or shall fail to keep the Security in accordance with the Loan Documents, the Beneficiary, after at least seven (7) days' prior written notice to Trustor, may (but shall be under no obligation to) take out the required policies of insurance and pay the premiums on the same or may make such repairs or replacements as are necessary and provide for payment thereof; and all amounts so advanced therefor by the Beneficiary shall become an additional obligation of the Trustor to the Beneficiary (together with interest as set forth below) and shall be secured hereby, which amounts the Trustor agrees to pay on the demand of the Beneficiary, and if not so paid, shall bear interest from the date of the advance at the lesser of ten percent (10%) per annum or the maximum rate permitted by law. 8 ARTICLE 4: DAMAGE, DESTRUCTION OR CONDEMNATION Section 4.1 Awards and Damages. All judgments, awards of damages, settlements and compensation made in connection with or in lieu of (1) taking of all or any part of or any interest in the Property by or under assertion of the power of eminent domain, (2) any damage to or destruction of the Property or in any part thereof by insured casualty, and (3) any other injury or damage to all or any part of the Property ("Funds") are hereby assigned to and shall be paid to the Beneficiary by a check made payable to the Beneficiary. The Beneficiary is authorized and empowered (but not required) to collect and receive any funds and is authorized to apply them in whole or in part upon any indebtedness or obligation secured hereby, in such order and manner as the Beneficiary shall determine at its sole option. Following an Event of Default, the Beneficiary shall be entitled to settle and adjust all claims under insurance policies provided under this Deed of Trust and may deduct and retain from the proceeds of such insurance the amount of all expenses incurred by it in connection with any such settlement or adjustment. All or any part of the amounts so collected and recovered by the Beneficiary may be released to Trustor upon such conditions as the Beneficiary may impose for its disposition. Application of all or any part of the Funds collected and received by the Beneficiary or the release thereof shall not cure or waive any default under this Deed of Trust. The rights of the Beneficiary under this Section 4.1 are subject to the rights of any senior mortgage lender. The Beneficiary shall release the Funds to Trustor to be used to reconstruct the improvements on the Property provided that Beneficiary reasonably determines that Trustor (when taking into account the Funds) has sufficient funds to rebuild the improvements in substantially the form such improvements existed prior to the casualty or condemnation. ARTICLE 5: AGREEMENTS AFFECTING THE PROPERTY; FURTHER ASSURANCES; PAYMENT OF PRINCIPAL AND INTEREST Section 5.1 Other Agreements Affecting Property. The Trustor shall duly and punctually perform all terms, covenants, conditions and agreements binding upon it under the Loan Documents and any other agreement of any nature whatsoever now or hereafter involving or affecting the Security or any part thereof. Section 5.2 Agreement to Pay Attorneys' Fees and Expenses. In the event of any Event of Default (as defined below) hereunder, and if the Beneficiary should employ attorneys or incur other expenses for the collection of amounts due or the enforcement of performance or observance of an obligation or agreement on the part of the Trustor in this Deed of Trust, the Trustor agrees that it will, on demand therefor, pay to the Beneficiary the reasonable fees of such attorneys and such other reasonable expenses so incurred by the Beneficiary (including, but not limited to, other professional services fees and costs); and any such amounts paid by the Beneficiary shall be added to the indebtedness secured by the lien 9 of this Deed of Trust, and shall bear interest from the date such expenses are incurred at the lesser of ten percent (10%) per annum or the maximum rate permitted by law. Section 5.3 Payment of the Principal. The Trustor shall pay to the Beneficiary the Principal and any other payments as set forth in the Note in the amounts and by the times set out therein. Section 5.4 Personal Property. To the maximum extent permitted by law, the personal property subject to this Deed of Trust shall be deemed to be fixtures and part of the real property and this Deed of Trust shall constitute a fixtures filing under the California Commercial Code. As to any personal property not deemed or permitted to be fixtures, this Deed of Trust shall constitute a security agreement under the California Commercial Code. The Trustor hereby grants the Beneficiary a security interest in such items. Section 5.5 Financing Statement. The Trustor shall execute and deliver to the Beneficiary such financing statements pursuant to the appropriate statutes, and any other documents or instruments as are required to convey to the Beneficiary a valid perfected security interest in the Security. The Trustor agrees to perform all acts which the Beneficiary may reasonably request so as to enable the Beneficiary to maintain such valid perfected security interest in the Security in order to secure the payment of the Note in accordance with its terms. The Beneficiary is authorized to file a copy of any such financing statement in any jurisdiction(s) as it shall deem appropriate from time to time in order to protect the security interest established pursuant to this instrument. Trustor shall pay all costs of filing such financing statements and any extensions, renewals, amendments, and releases thereof, and shall pay all reasonable costs and expenses of any record searches for financing statements, and releases thereof, as the Beneficiary may reasonably require. Without the prior written consent of the Beneficiary, Trustor shall not create or suffer to be created pursuant to the California Commercial Code any other security interest in the Security, including replacements and additions thereto. Section 5.6 Operation of the Security. The Trustor shall operate the Security (and, in case of a transfer of a portion of the Security subject to this Deed of Trust, the transferee shall operate such portion of the Security) in full compliance with the Loan Documents. Section 5.7 Inspection of the Security. At any and all reasonable times upon seventy-two (72) hours' notice, the Beneficiary and its duly authorized agents, attorneys, experts, engineers, accountants and representatives, shall have the right, without payment of charges or fees, to inspect the Security. 10 Section 5.8 Nondiscrimination. The Trustor herein covenants by and for itself, its heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Security, nor shall the Trustor itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Security. The foregoing covenants shall run with the land. ARTICLE 6: HAZARDOUS WASTE Trustor shall keep and maintain the Property in compliance with, and shall not cause or permit the Property to be in violation of any federal, state or local laws, ordinances or regulations relating to industrial hygiene or to the environmental conditions on, under or about the Property including, but not limited to, soil and ground water conditions. Trustor shall not use, generate, manufacture, store or dispose of on, under, or about the Property or transport to or from the Property any flammable explosives, radioactive materials, hazardous wastes, toxic substances or related materials, including without limitation, any substances defined as or included in the definition of "hazardous substances," hazardous wastes," "hazardous materials," or "toxic substances" under any applicable federal or state laws or regulations (collectively referred to hereinafter as "Hazardous Materials") except such of the foregoing as are used in construction of projects of the improvements on the Property or as may be customarily kept and used in and about residential property. Trustor shall immediately advise Beneficiary in writing if at any time it receives written notice of (i) any and all enforcement, cleanup, removal or other governmental or regulatory actions instituted, completed or threatened against Trustor or the Property pursuant to any applicable federal, state or local laws, ordinances, or regulations relating to any Hazardous Materials, ("Hazardous Materials Law"); (ii) all claims made or threatened by any third party against Trustor or the Property relating to damage, contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials (the matters set forth in clauses (i) and (ii) above are hereinafter referred to as "Hazardous Materials Claims"); and (iii) Trustor's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property that could cause the Property or any part thereof to be classified as "border-zone property" under the provision of California Health and Safety Code, Sections 25220 et seq., or any regulation adopted in accordance therewith, or to be otherwise subject to any restrictions on the ownership, occupancy, transferability or use of the Property under any Hazardous Materials Law. Beneficiary shall have the right to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims and to have its reasonable attorneys' fees in connection therewith paid by Trustor. Trustor shall indemnify and hold harmless Beneficiary and its councilmembers, supervisors, directors, 11 officers, employees, agents, successors and assigns from and against any loss, damage, cost, expense or liability directly or indirectly arising out of or attributable to the use, generation, storage, release, threatened release, discharge, disposal, or presence of Hazardous Materials on, under, or about the Property including without limitation: (a) all foreseeable consequential damages; (b) the costs of any required or necessary repair, cleanup or detoxification of the Property and the preparation and implementation of any closure, remedial or other required plans; and (c) all reasonable costs and expenses incurred by Beneficiary in connection with clauses (a) and (b), including but not limited to reasonable attorneys' fees. Without Beneficiary's prior written consent, which shall not be unreasonably withheld, Trustor shall not take any remedial action in response to the presence of any Hazardous Materials on, under or about the Property, nor enter into any settlement agreement, consent decree, or other compromise in respect to any Hazardous Material Claims, which remedial action, settlement, consent decree or compromise might, in Beneficiary's reasonable judgement, impair the value of the Beneficiary's security hereunder; provided, however, that Beneficiary's prior consent shall not be necessary in the event that the presence of Hazardous Materials on, under, or about the Property either poses an immediate threat to the health, safety or welfare of any individual or is of such a nature that an immediate remedial response is necessary and it is not reasonably possible to obtain Beneficiary's consent before taking such action, provided that in such event Trustor shall notify Beneficiary as soon as practicable of any action so taken. Beneficiary agrees not to withhold its consent, where such consent is required hereunder, if either (i) a particular remedial action is ordered by a court of competent jurisdiction, (ii) Trustor will or may be subjected to civil or criminal sanctions or penalties if it fails to take a required action; (iii) Trustor establishes to the reasonable satisfaction of Beneficiary that there is no reasonable alternative to such remedial action which would result in less impairment of Beneficiary's security hereunder; or (iv) the action has been agreed to by Beneficiary. The Trustor hereby acknowledges and agrees that (i) this Article is intended as the Beneficiary's written request for information (and the Trustor's response) concerning the environmental condition of the Property as required by California Code of Civil Procedure Section 726.5, and (ii) each representation and warranty in this Deed of Trust or any of the other Loan Documents (together with any indemnity applicable to a breach of any such representation and warranty) with respect to the environmental condition of the property is intended by the Beneficiary and the Trustor to be an "environmental provision" for purposes of California Code of Civil Procedure Section 736. In the event that any portion of the Property is determined to be "environmentally impaired" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(3)) or to be an "affected parcel" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(1)), then, without otherwise limiting or in any way affecting the Beneficiary's or the Trustee's rights and remedies under this Deed of Trust, the Beneficiary may elect to exercise its rights under California Code of Civil Procedure Section 726.5(a) to (1) waive its lien on such environmentally impaired or affected portion of the Property and (2) exercise (a) the rights and remedies of an unsecured creditor, including reduction of its claim against the Trustor to judgment, and (b) any other rights and remedies permitted by law. For purposes of determining the Beneficiary's right to proceed as an unsecured creditor under California Code of Civil Procedure Section 726.5(a), the Trustor shall be deemed to have willfully permitted or 12 acquiesced in a release or threatened release of hazardous materials, within the meaning of California Code of Civil Procedure Section 726.5(d)(1), if the release or threatened release of hazardous materials was knowingly or negligently caused or contributed to by any lessee, occupant, or user of any portion of the Property and the Trustor knew or should have known of the activity by such lessee, occupant, or user which caused or contributed to the release or threatened release. All costs and expenses, including (but not limited to) attorneys' fees, incurred by the Beneficiary in connection with any action commenced under this paragraph, including any action required by California Code of Civil Procedure Section 726.5(b) to determine the degree to which the Property is environmentally impaired, plus interest thereon at the lesser of ten percent (10%) or the maximum rate permitted by law, until paid, shall be added to the indebtedness secured by this Deed of Trust and shall be due and payable to the Beneficiary upon its demand made at any time following the conclusion of such action. ARTICLE 7: EVENTS OF DEFAULT AND REMEDIES Section 7.1 Events of Default. The following shall constitute Events of Default: (1) failure to make any payment to be paid by Trustor under the Loan Documents within ten (10) days following written notice that such payment is due; (2) failure to observe or perform any of Trustor's other covenants, agreements or obligations under the Loan Documents, including, without limitation, the provisions concerning discrimination, subject to applicable notice and cure periods, if any, included in the Loan Documents; or (3) failure to make any payment or perform any of Trustor's other covenants, agreements, or obligations under any other debt instruments or regulatory agreement secured by the Property, which default shall not be cured within the times and in the manner provided therein. Section 7.2 Acceleration of Maturity. If an Event of Default shall have occurred and be continuing, then at the option of the Beneficiary, the amount of any payment related to the Event of Default and the unpaid Principal of the Note shall immediately become due and payable, upon written notice by the Beneficiary to the Trustor (or automatically where so specified in the Loan Documents), and no omission on the part of the Beneficiary to exercise such option when entitled to do so shall be construed as a waiver of such right. Section 7.3 The Beneficiary's Right to Enter and Take Possession. If an Event of Default shall have occurred and be continuing, the Beneficiary may: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its security, enter upon the Security and take possession thereof (or any part thereof) and of any of the Security, in its own name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value or marketability of the Property, or part thereof or 13 interest therein, increase the income therefrom or protect the security thereof. The entering upon and taking possession of the Security shall not cure or waive any Event of Default or Notice of Default (as defined below) hereunder or invalidate any act done in response to such Default or pursuant to such Notice of Default and, notwithstanding the continuance in possession of the Security, Beneficiary shall be entitled to exercise every right provided for in this Deed of Trust, or by law upon occurrence of any Event of Default, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof; (c) Deliver to Trustee a written declaration of default and demand for sale, and a written notice of default and election to cause Trustor's interest in the Security to be sold ("Notice of Default and Election to Sell"), which notice Trustee or Beneficiary shall cause to be duly filed for record in the Official Records of County of Contra Costa; or (d) Exercise all other rights and remedies provided herein, in the instruments by which the Trustor acquires title to any Security, or in any other document or agreement now or hereafter evidencing, creating or securing all or any portion of the obligations secured hereby, or provided by law. Section 7.4 Foreclosure By Power of Sale. Should the Beneficiary elect to foreclose by exercise of the power of sale herein contained, the Beneficiary shall give notice to the Trustee (the "Notice of Sale") and shall deposit with Trustee this Deed of Trust which is secured hereby (and the deposit of which shall be deemed to constitute evidence that the unpaid principal amount of the Note is immediately due and payable), and such receipts and evidence of any expenditures made that are additionally secured hereby as Trustee may require. (a) Upon receipt of such notice from the Beneficiary, Trustee shall cause to be recorded, published and delivered to Trustor such Notice of Default and Election to Sell as then required by law and by this Deed of Trust. Trustee shall, without demand on Trustor, after lapse of such time as may then be required by law and after recordation of such Notice of Default and Election to Sell and after Notice of Sale having been given as required by law, sell the Security, at the time and place of sale fixed by it in said Notice of Sale, whether as a whole or in separate lots or parcels or items as Trustee shall deem expedient and in such order as it may determine unless specified otherwise by the Trustor according to California Civil Code Section 2924g(b), at public auction to the highest bidder, for cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed or any matters of facts shall be conclusive proof of the truthfulness thereof. Any person, including, without limitation, Trustor, Trustee or Beneficiary, may purchase at such sale, and Trustor hereby covenants to warrant and defend the title of such purchaser or purchasers. 14 (b) After deducting all reasonable costs, fees and expenses of Trustee, including costs of evidence of title in connection with such sale, Trustee shall apply the proceeds of sale to payment of: (i) the unpaid Principal amount of the Note; (ii) all other amounts owed to Beneficiary under the Loan Documents; (iii) all other sums then secured hereby; and (iv) the remainder, if any, to Trustor. (c) Trustee may postpone sale of all or any portion of the Property by public announcement at such time and place of sale, and from time to time thereafter, and without further notice make such sale at the time fixed by the last postponement, or may, in its discretion, give a new Notice of Sale. Section 7.5 Receiver. If an Event of Default shall have occurred and be continuing, Beneficiary, as a matter of right and without further notice to Trustor or anyone claiming under the Security, and without regard to the then value of the Security or the interest of Trustor therein, shall have the right to apply to any court having jurisdiction to appoint a receiver or receivers of the Security (or a part thereof), and Trustor hereby irrevocably consents to such appointment and waives further notice of any application therefor. Any such receiver or receivers shall have all the usual powers and duties of receivers in like or similar cases, and all the powers and duties of Beneficiary in case of entry as provided herein, and shall continue as such and exercise all such powers until the date of confirmation of sale of the Security, unless such receivership is sooner terminated. Section 7.6 Remedies Cumulative. No right, power or remedy conferred upon or reserved to the Beneficiary by this Deed of Trust is intended to be exclusive of any other right, power or remedy, but each and every such right, power and remedy shall be cumulative and concurrent and shall be in addition to any other right, power and remedy given hereunder or now or hereafter existing at law or in equity. Section 7.7 No Waiver. (a) No delay or omission of the Beneficiary to exercise any right, power or remedy accruing upon any Event of Default shall exhaust or impair any such right, power or remedy, or shall be construed to be a waiver of any such Event of Default or acquiescence therein; and every right, power and remedy given by this Deed of Trust to the Beneficiary may be exercised from time to time and as often as may be deemed expeditious by the Beneficiary. Beneficiary's express or implied consent to breach, or waiver of, any obligation of the Trustor hereunder shall not be deemed or construed to be a consent to any subsequent breach, or further waiver, of such obligation or of any other obligations of the Trustor hereunder. Failure on the part of the Beneficiary to complain of any act or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by the Beneficiary of its right hereunder or impair any rights, power or remedies consequent on any Event of Default by the Trustor. (b) If the Beneficiary (i) grants forbearance or an extension of time for the payment of any sums secured hereby, (ii) takes other or additional security or the payment of an y 15 sums secured hereby, (iii) waives or does not exercise any right granted in the Loan Documents, (iv) releases any part of the Security from the lien of this Deed of Trust, or otherwise changes any of the terms, covenants, conditions or agreements in the Loan Documents, (v) consents to the granting of any easement or other right affecting the Security, or (iv) makes or consents to any agreement subordinating the lien hereof, any such act or omission shall not release, discharge, modify, change or affect the original liability under this Deed of Trust, or any other obligation of the Trustor or any subsequent purchaser of the Security or any part thereof, or any maker, co- signer, endorser, surety or guarantor (unless expressly released); nor shall any such act or omission preclude the Beneficiary from exercising any right, power or privilege herein granted or intended to be granted in any Event of Default then made or of any subsequent Event of Default, nor, except as otherwise expressly provided in an instrument or instruments executed by the Beneficiary shall the lien of this Deed of Trust be altered thereby. Section 7.8 Suits to Protect the Security. The Beneficiary shall have power to (a) institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Security and the rights of the Beneficiary as may be unlawful or any violation of this Deed of Trust, (b) preserve or protect its interest (as described in this Deed of Trust) in the Security, and (c) restrain the enforcement of or compliance with any legislation or other governmental enactment, rule or order that may be unconstitutional or otherwise invalid, if the enforcement for compliance with such enactment, rule or order would impair the Security thereunder or be prejudicial to the interest of the Beneficiary. Section 7.9 Trustee May File Proofs of Claim. In the case of any receivership, insolvency, bankruptcy, reorganization, arrangement, adjustment, composition or other proceedings affecting the Trustor, its creditors or its property, the Trustee and/or the Beneficiary, to the extent permitted by law, shall be entitled to file such proofs of claim and other documents as may be necessary or advisable in order to have the claims of the Beneficiary allowed in such proceedings and for any additional amount which may become due and payable by the Trustor hereunder after such date. Section 7.10 Waiver. The Trustor waives presentment, demand for payment, notice of dishonor, notice of protest and nonpayment, protest, notice of interest on interest and late charges, and diligence in taking any action to collect any sums owing under the Note or in proceedings against the Security, in connection with the delivery, acceptance, performance, default, endorsement or guaranty of this Deed of Trust. 16 ARTICLE 8: MISCELLANEOUS Section 8.1 Amendments. This instrument cannot be waived, changed, discharged or terminated orally, but only by an instrument in writing signed by Beneficiary and Trustor. Section 8.2 Reconveyance by Trustee. Upon written request of Beneficiary stating that all sums secured hereby have been paid or forgiven and all performance secured hereby has been satisfactorily completed, and upon surrender of this Deed of Trust to Trustee for cancellation and retention, and upon payment by Trustor of Trustee's reasonable fees, Trustee shall reconvey the Security to Trustor, or to the person or persons legally entitled thereto. Section 8.3 Notices. If at any time after the execution of this Deed of Trust it shall become necessary or convenient for one of the parties hereto to serve any notice, demand or communication upon the other party, such notice, demand or communication shall be in writing and shall be served personally, by reputable overnight delivery service (which provides a delivery receipt) or by depositing the same in the registered United States mail, return receipt requested, postage prepaid and (1) if intended for Beneficiary shall be addressed to: County of Contra Costa Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attention: Assistant Deputy Director, Conservation and Development and (2) if intended for Trustor shall be addressed to: Richmond Neighborhood Housing Services 12972 San Pablo Avenue Richmond, CA 94805 Attention: Nikki Beasley Any notice, demand or communication shall be deemed given, received, made or communicated on the date personal delivery is effected or, if mailed in the manner herein specified, on the delivery date or date delivery is refused by the addressee, as shown on the return receipt. Either party may change its address at any time by giving written notice of such change to Beneficiary or Trustor as the case may be, in the manner provided herein, at least ten (10) days prior to the date such change is desired to be effective. 17 Section 8.4 Successors and Joint Trustors. Where an obligation is created herein binding upon Trustor, the obligation shall also apply to and bind any transferee or successors in interest. Where the terms of the Deed of Trust have the effect of creating an obligation of the Trustor and a transferee, such obligation shall be deemed to be a joint and several obligation of the Trustor and such transferee. Where more than one entity or person is signing as Trustor, all obligations of Trustor shall be deemed to be a joint and several obligation of each and every entity and person signing as Trustor. Section 8.5 Captions. The captions or headings at the beginning of each Section hereof are for the convenience of the parties and are not a part of this Deed of Trust. Section 8.6 Invalidity of Certain Provisions. Every provision of this Deed of Trust is intended to be severable. In the event any term or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court or other body of competent jurisdiction, such illegality or invalidity shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable. If the lien of this Deed of Trust is invalid or unenforceable as to any part of the debt, or if the lien is invalid or unenforceable as to any part of the Security, the unsecured or partially secured portion of the debt, and all payments made on the debt, whether voluntary or under foreclosure or other enforcement action or procedure, shall be considered to have been first paid or applied to the full payment of that portion of the debt which is not secured or partially secured by the lien of this Deed of Trust. Section 8.7 Governing Law. This Deed of Trust shall be governed by and construed in accordance with the laws of the State of California. Section 8.8 Gender and Number. In this Deed of Trust the singular shall include the plural and the masculine shall include the feminine and neuter and vice versa, if the context so requires. Section 8.9 Deed of Trust, Mortgage. Any reference in this Deed of Trust to a mortgage shall also refer to a deed of trust and any reference to a deed of trust shall also refer to a mortgage. Section 8.10 Actions. Trustor agrees to appear in and defend any action or proceeding purporting to affect the Security. 18 Section 8.11 Substitution of Trustee. Beneficiary may from time to time substitute a successor or successors to any Trustee named herein or acting hereunder to execute this Trust. Upon such appointment, and without conveyance to the successor trustee, the latter shall be vested with all title, powers, and duties conferred upon any Trustee herein named or acting hereunder. Each such appointment and substitution shall be made by written instrument executed by Beneficiary, containing reference to this Deed of Trust and its place of record, which, when duly recorded in the proper office of the county or counties in which the Property is situated, shall be conclusive proof of proper appointment of the successor trustee. Section 8.12 Statute of Limitations. The pleading of any statute of limitations as a defense to any and all obligations secured by this Deed of Trust is hereby waived to the full extent permissible by law. Section 8.13 Acceptance by Trustee. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made public record as provided by law. Except as otherwise provided by law the Trustee is not obligated to notify any party hereto of pending sale under this Deed of Trust or of any action of proceeding in which Trustor, Beneficiary, or Trustee shall be a party unless brought by Trustee. 19 IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the day and year first above written. TRUSTOR: Richmond Neighborhood Housing Services, a California nonprofit public benefit corporation By: __________________________________________ Nikki Beasley Executive Director 863\79\742557.1 STATE OF CALIFORNIA ) ) COUNTY OF CONTRA COSTA ) On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ______________________________________ Name: ______________________________ Name: Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. A-1 863\79\742557.1 EXHIBIT A LEGAL DESCRIPTION 1 PROMISSORY NOTE (CDBG Loan) $__________ Martinez, California ____, 20__ FOR VALUE RECEIVED, the undersigned Richmond Neighborhood Housing Services., a California nonprofit public benefit corporation ("Borrower") hereby promises to pay to the order of the County of Contra Costa, a political subdivision of the State of California ("Holder"), the principal amount of __________ Dollars ($___,000) plus interest thereon pursuant to Section 2 below. All capitalized terms used but not defined in this Note have the meanings set forth in the Loan Agreement. 1. Borrower's Obligation. This Note evidences Borrower's obligation to repay Holder the principal amount of __________ Dollars ($____000) with interest for the funds loaned to Borrower by Holder to finance the rehabilitation of the Property pursuant to the CDBG Loan Agreement between Borrower and Holder of even date herewith (the "Loan Agreement"). 2. Interest. (a) Loan. Subject to the provisions of Subsection (b) below, the Loan bears simple interest at a rate of one percent (1%) per annum from the date of disbursement until full repayment of the principal balance of the Loan. (b) Default Interest. If an Event of Default occurs, interest will accrue on all amounts due under this Note at the Default Rate until such Event of Default is cured by Borrower or waived by Holder. 3. Term and Repayment Requirements. Principal and interest under this Note is due and payable as set forth in Section 2.6 of the Loan Agreement. The unpaid principal balance hereunder, together with accrued interest thereon, is due and payable no later than the date that is the thirtieth (30th) anniversary of the Completion Date; provided, however, if a record of the Completion Date cannot be located or established, the Loan is due and payable on the thirty-first (31st) anniversary of the date of this Note. 4. No Assumption. This Note is not assumable by the successors and assigns of Borrower without the prior written consent of Holder, except as provided in the Loan Agreement. 5. Security. This Note, with interest, is secured by the Deed of Trust. Upon execution, the Deed of Trust will be recorded in the official records of Contra Costa County, California. 2 6. Terms of Payment. (a) Borrower shall make all payments due under this Note in currency of the United States of America to Holder at Department of Conservation and Development, 30 Muir Road, Martinez, CA 94553, Attention: Affordable Housing Program Manager, or to such other place as Holder may from time to time designate. (b) All payments on this Note are without expense to Holder. Borrower shall pay all costs and expenses, including re-conveyance fees and reasonable attorney's fees of Holder, incurred in connection with the payment of this Note and the release of any security hereof. (c) Notwithstanding any other provision of this Note, or any instrument securing the obligations of Borrower under this Note, if, for any reason whatsoever, the payment of any sums by Borrower pursuant to the terms of this Note would result in the payment of interest that exceeds the amount that Holder may legally charge under the laws of the State of California, then the amount by which payments exceed the lawful interest rate will automatically be deducted from the principal balance owing on this Note, so that in no event is Borrower obligated under the terms of this Note to pay any interest that would exceed the lawful rate. (d) The obligations of Borrower under this Note are absolute and Borrower waives any and all rights to offset, deduct or withhold any payments or charges due under this Note for any reason whatsoever. 7. Event of Default; Acceleration. (a) Upon the occurrence of an Event of Default, the entire unpaid principal balance, together with all interest thereon, and together with all other sums then payable under this Note and the Deed of Trust will, at the option of Holder, become immediately due and payable without further demand. (b) Holder's failure to exercise the remedy set forth in Subsection 7(a) above or any other remedy provided by law upon the occurrence of an Event of Default does not constitute a waiver of the right to exercise any remedy at any subsequent time in respect to the same or any other Event of Default. The acceptance by Holder of any payment that is less than the total of all amounts due and payable at the time of such payment does not constitute a waiver of the right to exercise any of the foregoing remedies or options at that time or at any subsequent time, or nullify any prior exercise of any such remedy or option, without the express consent of Holder, except as and to the extent otherwise provided by law. 8. Waivers. (a) Borrower hereby waives diligence, presentment, protest and demand, and notice of protest, notice of demand, notice of dishonor and notice of non-payment of this Note. Borrower expressly agrees that this Note or any payment hereunder may be extended from time to time, and that Holder may accept further security or release any security for this Note, all without in any way affecting the liability of Borrower. 3 (b) Any extension of time for payment of this Note or any installment hereof made by agreement of Holder with any person now or hereafter liable for payment of this Note must not operate to release, discharge, modify, change or affect the original liability of Borrower under this Note, either in whole or in part. 9. Miscellaneous Provisions. (a) All notices to Holder or Borrower are to be given in the manner and at the addresses set forth in the Loan Agreement, or to such addresses as Holder and Borrower may therein designate. (b) Borrower promises to pay all costs and expenses, including reasonable attorney's fees, incurred by Holder in the enforcement of the provisions of this Note, regardless of whether suit is filed to seek enforcement. (c) This Note is governed by the laws of the State of California. (d) The times for the performance of any obligations hereunder are to be strictly construed, time being of the essence. (e) The Loan Documents, of which this Note is a part, contain the entire agreement between the parties as to the Loan. This Note may not be modified except upon the written consent of the parties. IN WITNESS WHEREOF, Borrower is executing this Promissory Note as of the day and year first above written. Richmond Neighborhood Housing Services, a California nonprofit public benefit corporation. By: ___________________________ Nikki Beasley Executive Director RECOMMENDATION(S): ADOPT Resolution No. 2019/37 updating and reaffirming the County Debt Management Policy. FISCAL IMPACT: No specific fiscal impact. BACKGROUND: On December 7, 2006 the Finance Committee reviewed and discussed a report regarding establishing a County Debt Management Policy. The Committee directed staff to report to the full Board on December 19, 2006 the recommendation to adopt a formal County Debt Management Policy. A formal policy was adopted on December 19, 2006 (Resolution No. 2006/773). The Board of Supervisors has worked exceptionally hard to address the County’s financial issues and has set very ambitious and necessary goals for lowering cost growth, balancing the budget, and increasing reserves. These solutions are aimed at addressing both short and long term needs and improving the County’s future ability to maintain public services. The four financial policy areas that have contributed significantly to the Board's goals are the following: APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Hon. Russell V. Watts, Treasurer-Tax Collector, Hon. Robert R. Campbell, Auditor-Controller, Lisa Driscoll, County Finance Director, John Kopchik, DCD Director C. 87 To:Board of Supervisors From:David Twa, County Administrator Date:February 26, 2019 Contra Costa County Subject:ADOPT Resolution No. 2019/37 reaffirming and authorizing updates to the County Debt Management Policy BACKGROUND: (CONT'D) Budget Policy (established November 2006) General Fund Reserve Policy (established December 2005) Facilities Maintenance (included in Budget Policy) Debt Management Policy (established December 2006) The Debt Management Policy establishes debt affordability standards that help the County to evaluate when, why, and how much debt should be issued. In addition, the Debt Management Policy: Establishes parameters for issuing and managing debt; Provides guidance to decision makers so as not to exceed the debt affordability standards; Directs staff on objectives to be achieved both pre- and post-issuance; Promotes objectivity in decision-making and limits the role of political influence; and Facilitates the process by considering and making important policy decisions in advance of an actual financing. Periodically, policies should be revised to keep current with best practices or changes in law. The Debt Affordability Advisory Committee (DAAC) reviews the existing Debt Management Policy on an annual basis and makes recommendations for revisions to the Board of Supervisions. The DAAC met on February 14, 2019 and reviewed proposed amendments to the Debt Mangement Policy and is recommending updates. Specifically, there are three primary updates to the policy and it's appendices for the Board's consideration at today's meeting: Debt Management Policy. The general Debt Management Policy document includes only minor updates to the titles of Appendix 2 and Appendix 3 (discussed) below. 1. Appendix 2, "Post-Issuance Tax Compliance Procedures for Tax-Exempt and Tax-Advantaged Bonds." This Appendix has been updated to reflect the following: Title. Title of policy updated to reflect current market reference to "tax-advantaged bonds". Formerly, this was "...and Build America Bonds", which are a form of tax-advantaged bond; General Navigation. Section titles (i.e. Article I, Section 1, etc.) and a Table of Contents have been added for better document navigation; Article III, Section 2. New subsection (A) added to acknowledge requirement to forward a Report of Proposed Debt Issuance to the California Debt and Investment Advisory Commission (CDIAC) no later than 30 days prior to the sale of any debt issue, pursuant to Government Code section 8855. Article VI, Sections 2 and 3. These sections are newly added and provide guidance on standards for electronic retention of documents and indicates that the Debt Management Policy provisions on retention of records supercede any department level document retention policies. The latter provision is necessary since many County departments maintain records that may be required for production in case of an audit by regulatory agencies. Ministerial updates. Other ministerial updates were made including to formatting of the document and clarifications to existing language for the benefit of the reader. 2. Appendix 3, "Continuing Disclosure Procedures". 3. Title. The Debt Policy document was updated to reflect the title of this Appendix. Definitions. The term "Material Events" has been deleted and replaced with "Listed Events" to be consistent with current market terminology. Article V, Section 4. This section was added to listed new disclosure requirements consistent with a rule change to Rule 15c2-12 promulgated by the U.S. Security and Exchange Commission (SEC). Specifically, the amendments to Rule 15c2-12 add two new Listed Events that must be disclosed by an issuer of bonds to bond holders within ten (10) days of occurence. The two new events are: "Incurrence of a financial obligation of the issuer or obligated person, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the issuer or obligated person, any of which affect security holders, if material." "Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of the financial obligation of the issuer or obligated person, any of which reflect financial difficulties." Article VIII, Section 4. Similar to the addition in Appendix 2 above, a provision has been added stating that the Record Rentetion Policy identified in Article VIII supercedes any department level document rentention policy. This is necessary to preserve documents demonstrating compliance with the Annual Reporting Requirements listed in Exhibit B and listed events required by SEC Rule 15c2-12. Ministerial updates. Other ministerial updates were made including to formatting of the document and clarifications to existing language for the benefit of the reader. CONSEQUENCE OF NEGATIVE ACTION: The policy will not be formally updated and reaffirmed by the Board. AGENDA ATTACHMENTS Resolution 2019/37 Resolution No. 2019/37 - County Debt Management Policy, February 2019 MINUTES ATTACHMENTS Signed Resolution No. 2019/37 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/26/2019 by the following vote: AYE:4 John Gioia Candace Andersen Karen Mitchoff Federal D. Glover NO: ABSENT:1 Diane Burgis ABSTAIN: RECUSE: Resolution No. 2019/37 IN THE MATTER OF: REAFFIRMING AND AUTHORIZEING UPDATES TO THE COUNTY DEBT MANAGEMENT POLICY WHEREAS, the Contra County County Board of Supervisors, acting in its capacity as the Governing Board of the County of Contra Costa and for Special Districts, Agencies and Authorities governed by the Board wishes to reaffirm and authorize updates its Debt Management Policy, currently adopted as Resolution No. 2018/108 NOW, THEREFORE, BE IT RESOLVED that the Contra Costa County Board of Supervisors, acting in its capacity as the Governing Board of the County of Contra Costa and for Special Districts, Agencies and Authorities governed by the Board, takes the following actions: Reaffirms its commitment to prudent debt management practices; and1. Adopts Resolution No. 2019/17, including he County Debt Management Policy as attached; and2. This Resolution supercedes and replaces Resolution No 2018/108 in full.3. Contact: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 26, 2019 , County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Hon. Russell V. Watts, Treasurer-Tax Collector, Hon. Robert R. Campbell, Auditor-Controller, Lisa Driscoll, County Finance Director, John Kopchik, DCD Director Contra Costa County, California Debt Management Policy County Administration 651 Pine Street, 10th Floor Martinez, California 94553 Lisa Driscoll County Finance Director 925-335-1023 lisa.driscoll@cao.cccounty.us Resolution No. 2019/37 Resolution No. 2018/108 Resolution No. 2017/110 Resolution No. 2016/111 Resolution No. 2015/308 Resolution No. 2015/245 Resolution No. 2015/113 Resolution No. 2014/77 Resolution No. 2012/333 Resolution No. 2006/773 DEBT MAN AGEMENT POLICY TABLE OF CONTENTS I. Purpose 1 II. Debt Affordability Advisory Committee 1 III. Comprehensive Capital Planning 2 IV. Planning and Structure of County Indebtedness 2 V. Method of Sale 4 VI. Refinancing of Outstanding Debt 5 VII. Credit Ratings 6 VIII. Management Practices 6 Government Finance Officers Association: Checklist of Debt Policy Considerations Appendix 1 Post-Issuance Tax Com pliance Procedures for Tax Exempt and Tax-Advantaged Bonds Appendix 2 Continuing Disclosure Procedures Appendix 3 Community Facilities Districts Appendix 4 Multifamily Mortgage Revenue Bond Program Policies and Procedures Appendix 5 Successor Agency to the former Contra Costa County Redevelopment Agency Appendix 6 Policies and Procedures - i - 1 Contra Costa County, California Debt Management Policy I. PURPOSE: The County recognizes the foundation of any well-managed debt program is a comprehensive debt policy. A debt policy sets forth the parameters for issuing debt and managing outstanding debt and provides guidance to decision makers regarding the timing and purposes for which debt may be issued, types and amounts of permissible debt, method of sale that may be used and structural features that may be incorporated. The debt policy should recognize a binding commitment to full and timely repayment of all debt as an intrinsic requirement for entry into the capital markets. Adherence to a debt policy helps to ensure that a government maintains a sound debt position and that credit quality is protected. Advantages of a debt policy are as follows: • enhances the quality of decisions by imposing order and discipline, and promoting consistency and continuity in decision making, • provides rationality in the decision-making process, • identifies objectives for staff to implement, • demonstrates a commitment to long-term financial planning objectives, and • is regarded positively by the rating agencies in reviewing credit quality. II. DEBT AFFORDABILITY ADVISORY COMMITTEE A. Purpose. By adoption of this Debt Policy, the Debt Affordability Advisory Committee is established. Its purpose is to annually review and evaluate existing and proposed new County debt and other findings and/or issues the committee considers appropriate. It is the task of this comm ittee to assess the Count y’s ability to generate and repay debt. The committee will issue an annual report to the County Administrator defining debt capacity of the County. This review will be an important element of the budget process and will include recommendations made by the committee regarding how much new debt can be authorized by the County without overburdening itself with debt service payments. B. Members. The committee shall be composed of the Auditor-Controller, Treasurer-Tax Collector, Director/Conservation and Development Department, and County Finance Director. C. Debt Affordability Measures. The committee shall examine specific statistical measures to determine debt capacity and relative debt position and compare these ratios to other counties, rating agency standards and Contra Costa County’s historical ratios to determine debt affordability. From Moody’s Investors Service, the committee will evaluate the County against the following debt ratios from the most recent available national medians for counties in the “Aa” rating tier with populations of at least 1 million: 1. Direct net debt as a percentage of Assessed Valuation; 2. Overall net debt as a percentage of Assessed Valuation; 3. Assessed Valuation per-capita; 4. Available general fund balance as a percentage of revenues; and 5. General fund balance as a percentage of revenues. From Standard and Poor’s, the committee will evaluate the County against the following debt ratios from the most recent available national medians for counties in the “AAA” rating tier: 2 1. Assessed valuation per-capita; 2. Direct debt as percentage of governmental funds revenue; 3. Total government available cash as a percentage of debt service; 4. Total government available cash as a percentage of expenditures; and 5. Total debt service as a percentage of general fund expenditures. The Advisory Committee also evaluates the County against a group of cohort counties, namely, other large, urban counties in California. The Advisory Committee utilizes each respective cohort county’s most recently available CAFR to measure the County’s comparative performance on the various debt measures calculated by Moody’s and S&P as noted above, and also against the additional ratios below: 1. Direct debt per capita; and 2. Debt payments as a percentage of general fund revenues. III. COMPREHENSIVE CAPITAL PLANNING A. Planning. The County Administrator’s Office shall prepare a multi-year capital program for consideration and adoption by the Board of Supervisors as part of the County’s budget process. Annually, the capital budget shall identify revenue sources and expenditures for the coming current year and the next succeeding three fiscal years. The plan shall be updated annually. B. Funding of the Capital Improvement Program. Whenever possible, the County will first attempt to fund capital projects with grants or state/federal funding, as part of its broader capital improvement plan. W hen such funds are insufficient, the County will use dedicated revenues to fund projects. If these are not available, the County will use excess surplus from the reserve and debt financing, general revenues. The County shall be guided by three principles in selecting a funding source for capital improvements: equity, effectiveness and efficiency. 1. Equity: W henever appropriate, the beneficiaries of a project or service will pay for it. For example, if a project is a general function of governm ent that benefits the entire community, such as an Office of Emergency Services, the project will be paid for with general purpose revenues or financed with debt. If, however, the project benefits specific users, such as a building permit facility, the revenues will be derived through user fees or charges, and assessments. 2. Effectiveness: In selecting a source or sources for financing projects, the County will select one or more that effectively funds the total cost of the project. For example, funding a capital project, or the debt service on a project, with a user fee that does not provide sufficient funds to pay for the project is not an effective means of funding the project. 3. Efficiency: If grants or current revenues are not available to fund a project, the County will generally select a financing technique that provides for the lowest total cost consistent with acceptable risk factors and principals of equity and effectiveness. These methods currently consist of County issued debt, special funding programs funded by state or federal agencies, or special pool financing. Examples include funding pools like the Association of Bay Area Governments Participation Certificates. 3 C. Maintenance, Replacement and Renewal/FLIP. The County intends to set aside sufficient current revenues to finance ongoing maintenance needs and to provide periodic replacement and renewal consistent with its philosophy of keeping its capital facilities and infrastructure systems in good repair and to maximize a capital asset’s useful life. D. Debt Authorization. No County debt issued for the purpose of funding capital projects may be authorized by the Board of Supervisors unless an appropriation has been included in the capital budget (Some forms of debt such as Private Activity Bonds for housing, Mello-Roos for infrastructure, and redevelopment bonds for infrastructure/facilities may not be appropriate for inclusion in the County capital improvement program. The policies for such forms of debt are included as Appendixes 4, 5, and 6). IV. PLANNING AND STRUCTURE OF COUNTY INDEBTEDNESS A. Overview . The County shall plan long- and short-term debt issuance to finance its capital program based on its cash flow needs, sources of revenue, capital construction periods, available financing instruments and market conditions. The County Finance Director shall oversee and coordinate the timing, issuance process and marketing of the County’s borrowing and capital funding activities required in support of the capital improvement plan. The County shall finance its capital needs on a regular basis dictated by its capital spending pattern. Over the long-term this policy should result in a consistently low average interest rate. W hen market conditions in any one year result in higher than average interest rates, the County shall seek refinancing opportunities in subsequent years to bring such interest rates closer to the average. The Debt Affordability Advisory Committee shall use the Government Financial Officers Association checklist set forth in Appendix 1 hereto in planning and structuring any debt issuances. B. Financing Team. The County employs outside financial specialists to assist it in developing a debt issuance strategy, preparing bond documents and marketing bonds to investors. The key team members in the County’s financing transactions include its financial advisor and outside bond and disclosure counsel, the underwriter and County representatives (the County Auditor-Controller, Treasurer-Tax Collector, and the County Finance Director, among others). Other outside firms, such as those providing paying agent/registrar, trustee, credit enhancement, verification, escrow, auditing, or printing services, are retained as required. The County will issue Requests for Qualifications (RFQs) for financial advisor, bond & tax counsel, disclosure counsel and underwriters every three years, with the option to renew for a maximum of two additional years. The financing team shall meet at least semi-annually to review the overall financing strategy of the County and make recommendations to the County Administrator. C. Term of Debt Repayment. Borrowings by the County shall mature over a term that does not exceed the economic life of the improvements that they finance and usually no longer than 20 years, unless special structuring elements require a specif ic maximum term to maturity, as is the case with pension obligation bonds. The County shall finance improvements with a probable useful life less than five years using pay-go funding for such needs. Bonds sold for the purchase of equipment with a probable useful life exceeding five years are repaid over a term that does not exceed such useful life. D. Legal Borrow ing Limitations/Bonds and other indebtedness. California Government Code Section 29909 limits General Obligation Bond indebtedness to five percent of the total assessed valuation of all taxable real and personal property within the County, excluding Public Financing Authority lease revenue bonds, Private Activity Bond, Mello-Roos special tax, and Assessment District Debt for which no legal limitations are currently in effect. 4 E. Debt Features. 1. Original issue discount or premium. The County’s bonds may be sold at a discount or premium, in order to achieve effective marketing, achieve interest cost savings or meet other financing objectives. The maximum permitted discount is stated in the Notice of Sale accompanying the County’s preliminary official statement on the Bond Purchase Agreement, as applicable. 2. Debt service structure/Level Debt Service. The County shall primarily finance its long-lived municipal improvements over a 20-year term or less, on a level debt service basis. This policy minimizes long-run impact on a funding department’s budget. The County will seek to continue this practice, unless general fund revenues are projected to be insufficient to provide adequately for this debt service structure. 3. Call provisions. The County shall seek to minimize the protection from optional redemption given to bondholders, consistent with its desire to obtain the lowest possible interest rates on its bonds. The County’s tax-exempt bonds are generally subject to optional redemption. The County seeks early calls at low or no premiums because such features will allow it to refinance debt more easily for debt service savings when interest rates drop. The County and its financial advisor shall evaluate optional redemption provisions for each issue to assure that the County does not pay unacceptably higher interest rates to obtain such advantageous calls. The County shall not sell derivative call options. 4. Interest rates. The County shall first consider the use of fixed-rate debt to finance it capital needs, except for short-term needs (such as short-lived assets) that will be repaid or refinanced in the near term; and may consider variable rate debt under favorable conditions. F. Other Obligations Classified as Debt/Other Post-Employment Benefits (OPEB)/Vested Vacation Benefits. OPEBs and vacation benefits are earned by County employees based on time in service. The County records these vacation benefits as earned in accordance with generally accepted accounting principles as established by the Go vernmental Accounting Board (GASB). The liability f or the benefit is recorded on the Fund level financial statements. The expense is recorded during the conversion to the Government W ide financial statements in accordance with GASB standards. For Enterprise funds the expense and liability are accrued in the respective funds. In this initial policy, the amount of OPEB and vacation benefits will not be in measures used to evaluate the County’s debt affordability. However, the County’s net OPEB obligation is posted to the County’s balance sheet. V. METHOD OF SALE. The County will select a method of sale that is the most appropriate in light of financial, market, transaction-specific and County-related conditions, and explain the rationale for its decision. A. Competitive Sales. Debt obligations are generally issued through a competitive sale. The County and its financial advisor will set the terms of the sale to encourage as many bidders as possible. By maximizing bidding, the County seeks to obtain the lowest possible interest rates on its bonds. Some of the conditions that generally favor a competitive sale include: 1. the market is familiar with the County; 2. the County is a stable and regular borrower in the public market; 3. there is an active secondary market with a broad investor base for the County’s bonds; 4. the issue has a non-enhanced credit rating of A or above or can obtain credit enhancement prior to the competitive sale; 5. the debt structure is backed by the County’s full faith and credit or a strong, known or historically performing revenue stream; 6. the issue is neither too large to be easily absorbed by the market nor too small to attract 5 investors without a concerted sale effort; 7. the issue does not include complex or innovative features or require explanation as to the bonds’ security; 8. the issue can be sold and closed on a schedule that does not need to be accelerated or shortened for market or policy reasons; and 9. interest rates are stable, market demand is strong, and the market is able to absorb a reasonable amount of buying or selling at reasonable price changes. B. Negotiated Sales. When certain conditions favorable for a competitive sale do not exist and when a negotiated sale will provide significant benefits to the County that would not be achieved through a competitive sale, the County may elect to sell its debt obligations through a private placement or negotiated sale, upon approval by the County Board of Supervisors. Such determination shall be made on an issue-by-issue basis, for a series of issues, or for part or all of a specific financing program. The following practices are recommended to be observed in the event of a negotiated sale: 1. ensure fairness by using a competitive underwriter selection process through a request for proposals distributed to the established underwriter pool so that multiple proposals are considered; 2. remain actively involved in each step of the negotiation and sale processes to uphold the public trust; 3. ensure that either an employee of the County and an outside professional other than the issue underwriter, who is familiar with and abreast of the condition of the municipal market, is available to assist in structuring the issue, pricing, and monitoring sales activities; 4. require that the financial advisor used for a particular bond issue not act as underwriter of the same bond issue; 5. require that financial professionals disclose the name or names of any person or firm, including attorneys, lobbyists and public relations professionals compensated in connection with a specific bond issue; 6. request all financial professionals subm itting joint proposals or intending to enter into joint accounts or any fee-splitting arrangements in connection with a bond issue to fully disclose to the County any plan or arrangements to share tasks, responsibilities and fees earned, and disclose the financial professionals with whom the sharing is proposed, the method used to calculate the fees to be earned, and any changes thereto; and 7. review the “Agreement among Underwriters” and insure that it is filed with the County and that it governs all transactions during the underwriting period. VI. REFINANCING OF OUTSTANDING DEBT. The County may undertake refinancing of outstanding debt under the following circumstances: A. Debt Service Savings. The County may refinance outstanding long-term debt when such refinancing allows the County to realize significant debt servic e savings (2% minimum by maturity and a minimum 4% savings overall ) without lengthening the term of refinanced debt and without increasing debt service in any subsequent fiscal year. The County may also consider debt refinancing when a primary objective would be the elimination of restrictive covenants that limit County operations. B. Defeasance. The County may refinance outstanding debt, either by advance refunding to the first call or by defeasance to maturity, when the public policy benefits of replacing such debt outweigh the costs associated with new issuance as well as any increase in annual debt service. VII. CREDIT RATINGS A. Rating Agency Relationships. The County Finance Director, or designee, is responsible for maintaining relationships with the rating agencies that assign ratings to the County’s various debt 6 obligations. This effort includes providing periodic updates on the County’s general financial condition along with coordinating meetings and presentations in conjunction with a new debt issuance. B. Quality of Ratings. The County shall request ratings prior to the sale of securities from at least two major rating agencies for public issuances of municipal bonds. Currently, there are three major rating agencies providing ratings to municipal issuers, including Moody’s Investors Service (“Moody’s), Standard & Poor’s Global Ratings (S&P) and Fitch Ratings. The County is currently rated by Moody’s and S&P. The County shall provide a written and/or oral presentation to the rating agencies to help each credit analyst make an informed evaluation of the County’s financial condition and to present details of the proposed issuance. The County shall make every reasonable effort to maintain its implied general obligation bond credit ratings. The County may, on a case by case basis, decide to obtain one or no ratings prior to a bond issuance if, after consulting with its financial advisor, bond counsel and disclosure counsel, it is determined that this is in the best interest of the County. VIII. MANAGEMENT PRACTICES. The County has instituted sound management practices and will continue to follow practices that will reflect positively on it in the rating process. Among these are the County development of and adherence to long-term financial and capital improvement plans, management of expense growth in line with revenues and maintenance of an adequate level of operating reserves. A. Formal Fiscal Policies. The County shall continue to establish, refine, and follow formal fiscal policies such as: Investment Policy, General Fund Reserve Policy, Budget Policy, and this Debt Management Policy. B. Rebate Reporting and Continuing Covenant Compliance. The County Finance Director, or designee, is responsible for maintaining a system of record keeping and reporting to meet the arbitrage rebate compliance requirements of the federal tax code and/or contracting for such service. This effort includes tracking investment earnings on debt proceeds, calculating rebate payments in compliance with tax law, and remitting any rebatable earnings to the federal government in a timely manner in order to preserve the tax- exempt status of the County’s outstanding debt issues. Additionally, general financial reporting and certification requirements embodied in bond covenants are monitored to ensure that all covenants are comp lied with. C. Reporting Practices. The County will comply with the standards and best practices of the Government Finance Officers Association for financial reporting and budget presentation and the disclosure requirements of federal regulatory agencies including the Securities and Exchange Commission and Internal Revenue Service; state agencies charged with the regulation of municipal securities, including the State Treasurer’s Office; and self-regulatory organizations such as the Municipal Standards Rulemaking Board. D. Post-Issuance Tax Compliance Procedures for Tax-Exempt and Tax-Advantaged Bonds. To assure it manages its debt obligations in accordance with all federal tax requirements, the County will comply with the Post-Issuance Tax Compliance Procedures for Tax-Exempt and Tax- Advantaged Bonds, as set forth in Appendix 2 to this Policy. E. Continuing Disclosure Procedures. To assure it manages its debt obligations in accordance with the terms of Continuing Disclosure Agreements included in individual bond issuances and federal and state regulations, the County has adopted policies and procedures set forth in Appendix 3 hereto. APPENDIX 1 GOVERNMENT FINANCE OFFICERS ASSOCIATION Checklist of Debt Policy Considerations 1. How long is the capital planning period? 2. Have all non-debt sources of funds been considered? 3. How are borrowing plans reviewed internally? 4. What level of debt is manageable in order to maintain or improve the government’s credit quality? 5. How much “pay-as-you-go” financing should be included in the capital plan? 6. How much short-term borrowing will be undertaken, including both operating and capital borrowings? 7. How much debt will be issued in the form of variable-rate securities? 8. How does the redemption schedule for each proposed issue affect the overall debt service requirements of the government? 9. What types of affordability guidelines will be established to help monitor and preserve credit quality? 10. What provisions have been made to periodically review the capital plan and borrowing practices? 11. What is the overlapping debt burden on the taxpayer? 12. How will the formal debt policies be integrated into the capital planning and funding process? 1 APPENDIX 2 County of Contra Costa Post-Issuance Tax Compl iance Procedures for Tax-Exempt and Direct Pay Bonds ARTICLE I - PURPOSE ………………………………………….......................................................................... 2 ARTICLE II - GENERAL PRINCIPLES ................................................................................................................ 2 ARTICLE III - POST-ISSUANCE COMPLIANCE REQUIREMENTS …………………………...………….... 2 Section 1. Timely Reporting of Final Sale ...................................................................................................... 2 Section 2. California Debt and Investment Advisory Commission (CDIAC) ................................................ 2 Section 3. Internal Revenue Services (IRS) .................................................................................................... 2 ARTICLE IV - EXTERNAL ADVISORY AND DOCUMENTATION .................................................................. 3 Section 1. General ........................................................................................................................................... 3 Section 2. Oversight ........................................................................................................................................ 3 Section 3. External Advisors ........................................................................................................................... 3 ARTICLE V - ROLE OF COUNTY AS BOND ISSUER ........................................................................................ 3 Section 1. Custody of Bond Proceeds.............................................................................................................. 3 Section 2. Arbitrage Rebate and Yield ............................................................................................................ 3 Section 3. Use of Bond Proceeds ...…………………………………………………………………………. 4 ARTICLE VI - RECORD RENTENTION POLICY ................................................................................................. 4 Section 1. General Policy ................................................................................................................................ 4 Section 2. Electronic Records Retention ......................................................................................................... 5 Section 3. Department Retention Policies Superseded ................................................................................... 5 2 ARTICLE I PURPOSE The purpose of these Post-Issuance Tax Compliance Procedures is to establish policies and procedures in connection with tax-exempt bonds and other tax-advantaged bonds (such as direct pay “Build America bonds”) (together, the "Bonds") issued by the County of Contra Costa and the County of Contra Costa Public Financing Authority (together, the "County") so as to ensure that the County complies with all applicable post-issuance requirements of federal income tax law needed to preserve the tax-exempt or tax-advantaged status of the Bonds and with certain State law filing requirements. ARTICLE II GENERAL PRINCIPLES Ultimate responsibility regarding post-issuance compliance for all matters relating to County financings and refundings, other than Tax and Revenue Anticipation Notes ("TRANs"), rests with the County Administrator (the "Administrator"). The County Treasurer and County Auditor-Controller are responsible for compliance with respect to TRANs. ARTICLE III POST-ISSUANCE COMPLIANCE FILING REQUIREMENTS Section 1. Timely Reporting of Final Sale. The Administrator and other appropriate County personnel shall file timely any report required by state and federal regulatory agencies notifying those agencies of the final sale of bonds, or receipt of bank loan/private placement proceeds, as required by law. Section 2. California Debt and Investment Advisory Commission (CDIAC) Filings (A) Report of Proposed Debt Issuance. This report details information about the issuer and the bond issuance. This report requires the issuer to certify that it has adopted debt policies concerning the use of debt and that the proposed debt issuance is consistent with those policies. The report is required to be filed no later than 30 days prior to the sale of any debt issue, pursuant to Government Code § 8855. (B) Report of Final Sale. This report details information about the issuer and the bond issuance. The report requires attachment of the Official Statement related to the transaction or other bond documents in the case of a bank loan/private placement. The report is required to be filed within 21 days of closing, pursuant to Government Code § 8855. (C) Special Requirement for Refunding Bonds sold via Negotiated Sale or Private Placement. In addition to the Report of Final Sale identified in Section 2(B) above, if refunding bonds are sold through a negotiated sale or private placement, CDIAC requires submission of a written statement explaining the reasons for not selling those bonds at a public sale or on a competitive basis, as applicable, within 14 days of closing, pursuant to Government Code § 53583(c)(2)(B). Section 3. Internal Revenue Service (IRS) Filings (A) IRS Form 8038-G "Information Return for Tax-Exempt Governmental Obligations”. This filing 3 h details information about the issuer and tax-exempt governmental obligations over $100,000. The report is required to be filed no later than the 15th day of the second calendar month after the close of the calendar quarter in which the bond was issued, pursuant to Internal Revenue Code § 149(e). ARTICLE IV EXTERNAL ADVISORY AND DOCUMENTATION Section 1. General. The Administrator and other appropriate County personnel shall consult with bond counsel and other legal counsel and advisors, as needed, throughout the Bond issuance process to identify requirements and to establish procedures necessary or appropriate so that the Bonds will continue to qualify for the appropriate tax status. Those requirements and procedures shall be documented in a County resolution(s), Tax Certificate(s) and/or other documents finalized at or before issuance of the Bonds. Those requirements and procedures shall include future compliance with applicable arbitrage rebate requirements, private use limitations and all other applicable post-issuance requirements of federal tax law throughout (and in some cases beyond) the term of the Bonds. Section 2. Oversight. The Administrator and other appropriate County personnel also shall consult with bond counsel and other legal counsel and advisors, as needed, following issuance of the Bonds to ensure that all applicable post- issuance requirements in fact are met. This shall include, without limitation, consultation in connection with future contracts with respect to the use of Bond-financed assets and future contracts with respect to the use of output or throughput of Bond-financed assets. Section 3. External Advisors. Whenever necessary or appropriate, the County shall engage expert advisors (each a "Rebate Service Provider") to assist in the calculati on of arbitrage rebate payable in respect of the investment of Bond proceeds. ARTICLE V ROLE OF COUNTY AS BOND ISSUER Section 1. Custody of Bond Proceeds. Unless otherwise provided by County resolutions, unexpended Bond proceeds shall: (A) be held by the County, and the investment of Bond proceeds shall be managed by the Administrator. The Administrator shall maintain records and shall prepare regular, periodic statements to the County regarding the investments and transactions involving Bond proceeds; or (B) if a County resolution provides for Bond proceeds to be administered by a trustee, the trustee shall provide regular, periodic (monthly) statements regarding the investments and transactions involving Bond proceeds. Section 2. Arbitrage Rebate and Yield. Unless a Tax Certificate documents that bond counsel has advised that arbitrage rebate will not be applicable to a specific issue of Bonds, the County shall: (A) the County shall engage the services of a Rebate Service Provider, and the County or Trustee of the Bonds shall deliver periodic statements concerning the investment of Bond proceeds to the Rebate Service Provider on a prompt basis; 4 (B) upon request, the Administrator and other appropriate County personnel shall provide to the Rebate Service Provider additional documents and information reasonably requested by the Rebate Service Provider to allow for complete arbitrage rebate and yield restriction analysis; (C) the Administrator, and other appropriate County personnel, shall monitor efforts of the Rebate Service Provider and assure payment of required rebate amounts, if any, no later than 60 days after each ”rebate computation” date of the Bonds (consistent with relevant law and the Tax Certificate for each Bond issue), and no later than 60 days after the last Bond of each issue is redeemed; and (D) during the construction period of each capital project financed in whole or in part by Bonds, the Administrator and other appropriate County personnel shall monitor the investment and expenditure of Bond proceeds and shall consult with the Rebate Service Provider to determine compliance with any applicable exceptions from the arbitrage rebate requirements during each 6-month spending period up to 6 months, 18 months or 24 months, as applicable, following the issue date of the Bonds. Section 3. Use of Bond Proceeds. The Administrator, and other appropriate County personnel, shall: (A) monitor the use (for this purpose, use means any arrangement including operating contracts, leases and licenses) of Bond proceeds, the use of Bond-financed assets (e.g., facilities, furnishings or equipment) and the use of output or throughput of Bond-financed assets throughout the term of the Bonds (and in some cases beyond the term of the Bonds) to ensure compliance with covenants and restrictions set forth in applicable County resolutions and Tax Certificates; (B) maintain records identifying the assets or portion of assets that are financed or refinanced with proceeds of each issue of Bonds; (C) consult with Bond Counsel and other professional expert advisers in the review of any contracts, leases, licenses or arrangements involving use of Bond-financed facilities to ensure compliance with all covenants and restrictions set forth in applicable County resolutions and Tax Certificates; (D) maintain records for any contracts, leases, licenses or arrangements involving the use of Bond- financed facilities as might be necessary or appropriate to document compliance with all covenants and restrictions set forth in applicable County resolutions and Tax Certificates; (E) meet at least annually with personnel responsible for Bond-financed assets to identify and discuss any existing or planned use of Bond-financed, assets or output or throughput of Bond-financed assets, to ensure that those uses are consistent with all covenants and restrictions set forth in applicable County resolutions and Tax Certificates. ARTICLE VI RECORD RETENTION POLICY Section 1. General Policy. Unless otherwise specified in applicable County resolutions or Tax Certificates, the County shall maintain the following documents for the term of each issue of Bonds (including refunding Bonds, if any) plus five years, or longer if contemplated by a Tax Certificate for a specific issuance: (A) a copy of the Bond closing transcript(s) and other relevant documentation delivered to the County at or in connection with closing of the issue of Bonds; 5 (B) a copy of all material documents relating to capital expenditures financed or refinanced by Bond proceeds, including (without limitation) construction contracts, purchase orders, invoices, trustee requisitions and payment records, as well as documents relating to costs reimbursed with Bond proceeds and records identifying the assets or portion of assets that are financed or refinanced with Bond proceeds; (C) a copy of all contracts and arrangements involving private use of Bond-financed assets or for the private use of output or throughput of Bond-financed assets; and (D) copies of all records of investments, investment agreements, arbitrage reports and underlying documents, including trustee statements. Section 2. Electronic Records Retention. The records outlined above may be retained through an electronic database that meets the requirements of section 4.01 of IRS Revenue Procedure 97-22, incorporated herein by reference, including any updates or successor regulations. County Departments responsible for maintaining records outlined above that choose to retain those records electronically shall coordinate with the Chief Information Officer to ensure that the information technology system used to store those documents satisfies the requirements outlined in by section 4.01 of IRS Revenue Procedure 97-22. Section 3. Department Retention Policies Superseded. This countywide record retention policy related to the County’s debt management program supersedes any departmental document retention policies that may relate to the records indicated above. APPENDIX 3 COUNTY OF CONTRA COSTA CONTINUING DISCLOSURE PROCEDURES ARTICLE I - DEFINITIONS ………….………………………......................................................... 2 ARTICLE II - GENERAL PRINCIPLES ............................................................................................. 4 ARTICLE III - DISCLOSURE REPRESENTATIVES AND COORDINATORS …….………...... 4 Section 1. Appointment of Disclosure Representative .......................................................................... 4 Section 2. Duties of the Disclosure Representative …........................................................................... 4 Section 3. Appointment of Disclosure Coordinator …........................................................................... 4 Section 4. Duties of the Disclosure Coordinator …................................................................................ 5 ARTICLE IV - LISTED EVENTS REQUIREMENTS ...................................................................... 5 Section 1. General. ................................................................................................................................ 5 Section 2. Listed Events for Bonds Issued Prior to December 1, 2010. ................................................ 6 Section 3. Listed Events for Bonds Issued on December 1, 2010 through February 26, 2019.............. 6 Section 4. Listed Events for Bonds Issued on and after February 27, 2019 …...……………………....7 ARTICLE V - ANNUAL REPORT REQUIREMENTS ...................................................................... 9 Section 1. General………....................................................................................................................... 9 Section 2. Financial Statements …………………………………………….......................................... 9 ARTICLE VI - FILING AND NOTICE REQUIREMENTS .............................................................. 9 Section 1. Annual Reports and Event Notices. ....................................................................................... 9 Section 2. California Debt and Investment Advisory Commission......................................................... 9 Section 3. Required Notices. .................................................................................................................. 9 ARTICLE VII - VOLUNTARY DISCLOSURES ................................................................................... 10 ARTICLE VIII - DOCUMENT RETENTION POLICY ..................................................................... 10 Exhibit A: County and Authority Outstanding Debt .......................................................................... A-1 Exhibit B: Required Information for Annual Reports for County and Authority............................... B-1 2 ARTICLE I DEFINITIONS The following capitalized terms shall have the following meanings in these Procedures: “Agency” shall mean the Successor Agency to the former Redevelopment Agency of Contra Costa County. “Annual Report” shall mean any annual report to be filed by the County or the Authority in connection with its obligations under any Continuing Disclosure Certificate executed in accordance with Rule 15c2-12 under the Securities Exchange Act of 1934. “Auditor-Controller” shall mean the Auditor-Controller of the County of Contra Costa. “Authority” shall mean the Contra Costa County Public Financing Authority, a joint exercise of powers authority of which the County of Contra Costa and the Contra Costa County Flood Control and Water Conservation District are members. “Board of Supervisors” shall mean the Board of Supervisors of the County of Contra Costa. “Bonds” shall mean any bonds, certificates of participation, notes or any other evidence of indebtedness issued by or on behalf of the County or the Authority which is subject to Rule 15c2-12. “Bond Insurer” shall mean an issuer of a financial guaranty insurance or municipal bond insurance policy guaranteeing the scheduled payment of principal of and interest on an outstanding issue of Bonds when due. “CDIAC” shall mean the California Debt and Investment Advisory Commission. “Continuing Disclosure Certificate” shall mean each continuing disclosure certificate, undertaking or agreement executed and delivered by the County or the Authority in connection with an issue of Bonds. “County” shall mean the County of Contra Costa, a political subdivision of the State of California. “County Counsel” shall mean an attorney within the Office of the County Counsel of the County of Contra Costa, California. “County Finance Director” shall mean the County Finance Director of the County of Contra Costa in the County Administrator’s Office. “Credit Facility Provider” shall mean a bank providing a direct-pay letter of credit or other security or liquidity instrument in connection with an issue of Bonds which secures the payment of the principal or purchase price, if any, of and interest on an outstanding issue of Bonds when due. “Debt Affordability Advisory Committee” shall mean a committee composed of the Auditor- Controller, Treasurer-Tax Collector, Director of Conservation and Development and the County Finance Director that advise the County Administrator on debt management issues. 3 “Director of Conservation and Development” shall mean the Director of the Department of Conservation and Development of the County of Contra Costa. “Disclosure Coordinator” shall mean the person or persons designated by a Disclosure Representative to assist in taking such action necessary or desirable to comply with the terms of the Continuing Disclosure Certificates, as provided in Article III hereof. “Disclosure Counsel” shall mean a firm of nationally recognized standing in matters pertaining to the disclosure obligations under Rule 15c2-12 of the Securities and Exchange Commission of the United States of America, duly admitted to the practice of law before the highest court of any state of the United States of America. “Disclosure Representatives” shall mean the County Administrator, Director of Conservation and Development and County Finance Director who are collectively responsible for compliance with the terms of the Continuing Disclosure Certificates, as provided in Article III. “EMMA” shall mean the MSRB’s Electronic Municipal Market Access system or any other successor thereto as designated by the SEC or the MSRB. “Event Notice” shall mean any notice of the occurrence of a Listed Event. “Listed Event” shall mean any event described in Article IV hereof. “MSRB” shall mean Municipal Securities Rulemaking Board. “Official Statement” shall mean any Preliminary Official Statement, final Official Statement or any other disclosure document that the County or the Authority prepared in connection with the issuance and sale of any Bonds. “Paying Agent” shall mean any bank, trust company, banking association or financial institution appointed to perform the functions of a paying agent for an issue of Bonds. “Procedures” shall mean these Continuing Disclosure Procedures. “Rating Agency” shall mean each of Moody’s Investor’s Service and Standard & Poor’s Rating Services or any other nationally recognized statistical rating organization registered with the SEC. “Rule 15c2-12” shall mean Rule 15c2-12(b)(5) adopted by the SEC under the Securities Exchange Act of 1934, as the same may be amended from time to time. “SEC” shall mean the United States Securities and Exchange Commission. “Treasurer-Tax Collector” shall mean the Treasurer - Tax Collector of the County of Contra Costa. “Trustee” shall mean the bank, trust company, national banking association or other financial institution appointed as a trustee for an issue of Bonds. 4 ARTICLE II GENERAL PRINCIPLES The County is committed to complete and accurate market disclosure in accordance with the disclosure requirements under the federal securities laws, including rules and regulations promulgated by the SEC and the MSRB. In order to achieve this objective and, in accordance therewith, these Procedures are approved by the Board of Supervisors, as recommended by the Debt Affordability Advisory Committee (DAAC), and may be amended and supplemented from time to time as necessary or desirable, as SEC and MSRB rules are amended, as Bonds mature, or are redeemed, and as Bonds that are subject to Rule 15c2-12 are issued. ARTICLE III DISCLOSURE REPRESENTATIVES AND COORDINATORS Section 1. Appointment of Disclosure Representatives. The County Administrator, Director of Conservation and Development, and County Finance Director are appointed as Disclosure Representatives to fulfill the duties set forth in Section 2 of this Article III. Section 2. Duties of the Disclosure Representatives. (A) The Disclosure Representatives shall: (i) monitor and maintain compliance by the County with its respective Continuing Disclosure Certificates and these Procedures; (ii) serve as the main contact for each Disclosure Coordinator to communicate issues and information that may be included in an Event Notice or an Annual Report; (iii) review and approve all proposed Event Notices, Annual Reports, and other information prepared by any Disclosure Coordinator prior to filing with the EMMA system, and all data, reports, responses, and information prepared by a Disclosure Coordinator prior to filing or submittal to Bond Insurers, Credit Facility Providers, Paying Agents, Rating Agencies, Trustees and CDIAC; (iv) confer with County Counsel and Disclosure Counsel regarding the County’s continuing disclosure undertakings and procedures; (v) maintain the lists attached as Exhibits A and B; (vi) direct the Disclosure Coordinators to file any required documents; and (vii) take such other action as may be necessary or useful to achieve the objectives of these Procedures and to comply with all applicable federal securities laws. Section 3. Appointment of Disclosure Coordinator. The Disclosure Representatives shall appoint one or more Disclosure Coordinators from time to 5 time to fulfill the duties set forth in Section 4 of this Article III. The Disclosure Coordinators may work with employees in various County or Authority offices and departments in order to effectively comply with the objectives of these Procedures. Section 4. Duties of the Disclosure Coordinator. (A) The Disclosure Coordinator shall: (i) file any documents as directed by the Disclosure Representative; (ii) serve as a contact for County staff to communicate issues and information that may be included in an Event Notice or an Annual Report; (iii) maintain correspondence regarding possible Listed Events; (iv) keep informed regarding all of the County’s public disclosures, including disclosures to Bond Insurers, Credit Facility Providers, Rating Agencies, Trustees, and CDIAC; (v) document the County’s continuing disclosure filings by retaining the documents set forth in Article VIII hereof; and (vi) take such other action as may be necessary or useful to achieve the objectives of these Procedures and to comply with all applicable federal securities laws. (B) In addition to the duties set forth above in clause (A), the Disclosure Coordinator shall review the Listed Events regularly to determine whether an event has occurred that may require a filing of an Event Notice. The Disclosure Coordinator shall regularly check the websites of and subscribe to communications (e.g., news alerts, press releases, etc.) from each Rating Agency, Bond Insurer, or Credit Facility Provider in order to be aware of any Rating Change as described in the Continuing Disclosure Certificates. The Disclosure Coordinator shall regularly contact relevant County staff to ascertain whether any events have occurred which would constitute Listed Events under the Continuing Disclosure Certificates. ARTICLE IV LISTED EVENTS REQUIREMENTS Section 1. General. (A) The Continuing Disclosure Certificates entered into by the County or the Authority with respect to Bonds are subject to the following listed events requirements: (i) Continuing Disclosure Certificates entered into prior to December 1, 2010 require Event Notices to be filed upon the occurrence of any event listed in Section 2 of Article IV hereof, if material. Any such Event Notice shall be filed “in a timely manner”. (ii) Continuing Disclosure Certificates entered into on or after December 1, 2010 through February 26, 2019 require Event Notices to be filed upon the occurrence of any event listed in Section 3 of Article IV hereof no later than 10 business days after the occurrence of such Listed Event. 6 (iii) Continuing Disclosure Certificates entered into on or after February 27, 2019 require Event Notices to be filed upon the occurrence of any event listed in Section 4 of Article IV hereof no later than 10 business days after the occurrence of such Listed Event. Section 2. Listed Events for Bonds Issued Prior to December 1, 2010. (A) For Bonds issued prior to December 1, 2010, pursuant to the provisions of the applicable Continuing Disclosure Certificate, the County or Authority shall give, or cause to be given, notice of the occurrence of any of the following events with respect to the outstanding obligation, if material, in a timely manner: (i) principal and interest payment delinquencies; (ii) non-payment related defaults; (iii) unscheduled draws on debt service reserves reflecting financial difficulties; (iv) unscheduled draws on any credit enhancements reflecting financial difficulties; (v) substitution of any credit or liquidity providers, or their failure to perform; (vi) adverse tax opinions or events affecting the tax-exempt status of the securities; (vii) modifications to the rights of security holders; (viii) bond calls; (ix) defeasances; (x) release, substitution, or sale of property securing repayment of the securities; and (xi) rating changes. Section 3. Listed Events for Bonds Issued on and after December 1, 2010 through February 26, 2019. (A) For Bonds issued on or after to December 1, 2010 through February 26, 2019, pursuant to the provisions of the applicable Continuing Disclosure Certificate, the County or Authority shall give, or cause to be given, notice of the occurrence of any of the following Listed Events within ten (10) business days of the occurrence thereof: (i) principal and interest payment delinquencies; (ii) non-payment related defaults, if material; (iii) unscheduled draws on debt service reserves reflecting financial difficulties; (iv) unscheduled draws on credit enhancements reflecting financial difficulties; (v) substitution of credit or liquidity providers, or their failure to perform; 7 (vi) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the security, or other material events affecting the tax status of the security; (vii) modifications to rights of security holders, if material; (viii) bond calls, if material, and tender offers; (ix) defeasances; (x) release, substitution, or sale of property securing repayment of the securities, if material; (xi) rating changes; (xii) bankruptcy, insolvency, receivership or similar event of the obligated person (Note: For the purposes of this event, the event is considered to occur when any of the following occur: The appointment of a receiver, fiscal agent or similar officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the obligated person); (xiii) the consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; (xiv) appointment of a successor or additional trustee or the change of name of a trustee, if material. Section 4. Listed Events for Bonds Issued on and after February 27, 2019. (A) For Bonds issued on or after to February 27, 2019, pursuant to the provisions of the applicable Continuing Disclosure Certificate, the County or Authority shall give, or cause to be given, notice of the occurrence of any of the following Listed Events within ten (10) business days of the occurrence thereof: (i) principal and interest payment delinquencies; (ii) non-payment related defaults, if material; (iii) unscheduled draws on debt service reserves reflecting financial difficulties; (iv) unscheduled draws on credit enhancements reflecting financial difficulties; 8 (v) substitution of credit or liquidity providers, or their failure to perform; (vi) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the security, or other material events affecting the tax status of the security; (vii) modifications to rights of security holders, if material; (viii) bond calls, if material, and tender offers; (ix) defeasances; (x) release, substitution, or sale of property securing repayment of the securities, if material; (xi) rating changes; (xii) bankruptcy, insolvency, receivership or similar event of the obligated person (Note: For the purposes of this event, the event is considered to occur when any of the following occur: The appointment of a receiver, fiscal agent or similar officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the obligated person); (xiii) the consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; (xiv) appointment of a successor or additional trustee or the change of name of a trustee, if material. (xv) incurrence of a financial obligation of the issuer or obligated person, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the issuer or obligated person, any of which affect security holders, if material. (xvii) default, event of acceleration, termination event, modification of terms, or other similar events under the terms of the financial obligation of the issuer or obligated person, any of which reflect financial difficulties. 9 ARTICLE V ANNUAL REPORT REQUIREMENTS Section 1. General Pursuant to the various Continuing Disclosure Certificates, the County and the Authority is required to provide its respective Annual Report with respect to an issue of Bonds by the date set forth in Exhibit B attached hereto. The Disclosure Coordinator shall commence collection of information for each Annual Report at such time as determined necessary or useful in order to timely complete and file the Annual Report. The Disclosure Coordinator shall obtain any information necessary to be included in an Annual Report that is not included in the County’s audited financial statements and is necessary to make the statements contained in the Annual Report not misleading in any material respect. The Annual Report shall include the financial information and other operating data set forth in the respective Continuing Disclosure Certificate as summarized in Exhibit B attached hereto. Section 2. Financial Statements In accordance with the Continuing Disclosure Certificates, if audited financial statements are not available by the date the Annual Report is required to be filed, unaudited financial statements are to be included in such Annual Reports and audited financial statements shall be filed when such statements become available. In addition, the Continuing Disclosure Certificates require the County to file a notice of any failure to provide its Annual Report, on or before the date specified in a Continuing Disclosure Certificate. ARTICLE VI FILING AND NOTICE REQUIREMENTS Section 1. Annual Reports and Event Notices. The Disclosure Representative shall file each Annual Report on such dates as provided in Exhibit B attached hereto and shall file each Event Notice as required pursuant to Article III hereof and the related Continuing Disclosure Certificate. The Disclosure Representative shall submit all filings of Annual Reports and Listed Events through EMMA or any other repository so designated by the MSRB or the SEC, unless the County is otherwise advised by a written opinion of Disclosure Counsel. Section 2. California Debt and Investment Advisory Commission. The Disclosure Representative shall file each periodic report required to be prepared and filed with CDIAC as set forth in statute. This includes, but is not limited to, annual Self-Certifications for direct pay bonds allocated to the County by the State and reports required pursuant to Senate Bill 1029 (Chapter 307, Statutes of 2016) and any subsequent or successor legislation. Section 3. Required Notices. The Disclosure Representative shall file any notice required to be given to any Bond Insurer, Credit Facility Provider, Paying Agent, Rating Agency or Trustee as may be required from time to time. 10 ARTICLE VII VOLUNTARY DISCLOSURES The Disclosure Representative may determine to file voluntary disclosure or information that is not required under the Continuing Disclosure Certificates. The County shall have no obligation to update any voluntary disclosure or information. ARTICLE VIII RECORD RETENTION POLICY Section 1. General In accordance with Article III hereof, the Disclosure Coordinator shall maintain the following documents for the term of each issue of Bonds (including refunding Bonds, if any) plus five years, or longer if contemplated by a Tax Certificate for a specific issuance. Section 2. Refunded Issuances For refunded bonds, documentation relating to the original issuance and all material records related to the refunding issue should be maintained until five years, or more if required by a Tax Certificate, after the final redemption of both bond issues. Section 3. Documents to be Retained (A) At a minimum, the following documentation shall be retained for the durations identified in Sections 1 and 2 of this Article VIII: (i) Continuing Disclosure Certificate: (ii) Annual Reports, including any EMMA transmittal letters and filing receipts; (iii) Event Notices, including any EMMA transmittal letters and filing receipts; (iv) CDIAC transmittal letters and filing receipts, including those related to filing of Annual Debt Transaction Reports (ADTRs), pursuant to Senate Bill 1029 (Chapter 207, Statutes of 2016); (v) Rating Agency reports; and (vi) Such other information as the Disclosure Representative determines necessary or useful in accordance with the Continuing Disclosure Certificates. Section 4. Department Retention Policies Superseded This countywide record retention policy related to the County’s debt management program supersedes any departmental document retention policies that may relate to the records indicated above. EXHIBIT A: COUNTY AND AUTHORITY OUTSTANDING DEBT as of February 7, 2019 Name of Issue Issuing Entity Principal Amount Date of Issue Final Maturity Date CUSIP for Final Maturity Trustee or Paying Agent Annual Report Due Date Disclosure Representative Disclosure Coordinator Lease Revenue Bonds/Obligations: Lease Revenue Bonds, 2017 Series B (Capital Projects) ***Private Placement*** County of Contra Costa Public Financing Authority $ 100,285,000 5/26/2017 6/1/2032 N/A Wells Fargo N/A County Finance Director Chief Asst. CAO Lease Revenue Bonds, 2017 Series A (Refunding and Capital Projects) ***Private Placement*** County of Contra Costa Public Financing Authority $ 99,810,000 3/3/2017 6/1/2027 21226PNH7 Wells Fargo N/A County Finance Director Chief Asst. CAO Lease Revenue Bonds, 2015 Series A (Capital Projects) and 2015 Series B (Refunding) County of Contra Costa Public Financing Authority $ 71,150,000 8/25/2015 6/1/2035 (A) 6/1/2028 (B) 21226PLV8 (A) 21226PMJ4 (B) Wells Fargo 3/31 County Finance Director Chief Asst. CAO Lease Revenue Obligations (Capital Projects Program) 2012 Series A, $13,102,304 ***Private Placement*** County of Contra Costa Public Financing Authority 13,102,304$ 10/11/2012 6/1/2027 N/A Wells Fargo N/A County Finance Director Chief Asst. CAO Lease Revenue Bonds, $58,055,000 comprised of Capital Project I - Tax Exempt Bonds, Series A-1, $6,790,000 and Capital Project I - Taxable Build America Bonds, Series A- 2, $13,130,000 and Capital Project I - Taxable Recovery Zone Bonds, Series A-3, $20,700,000 and 2010 Series B (Refunding), $17,435,000 County of Contra Costa Public Financing Authority 58,055,000$ 11/16/2010 6/1/2020 (A-1) 6/1/2030 (A-2) 6/1/2040 (A-3) 6/1/2025 (B) 21226PJR0 (A-1) 21226PKU1 (A-2) 21226PKE7 (A-3) 21226PKV9 (B) Wells Fargo 3/31 County Finance Director Chief Asst. CAO Pension Obligation Bonds: California Taxable Pension Obligation Bonds, Series 2003A, $322,710,000 Contra Costa County 322,710,000$ 5/1/2003 8/1/2022 212257BV0 Wells Fargo 3/31 County Finance Director Chief Asst. CAO Tax Allocation Bonds: Tax Allocation Refunding Bonds, Series 2017A, $49,530,000 Successor Agency to the Contra Costa County Redevelopment Agency 49,530,000$ 8/16/2017 8/1/2036 212263AM9 US Bank 3/31 DCD Director Asst. Deputy Director - DCD Taxable Tax Allocation Refunding Bonds, Series 2017B, $23,095,000 Successor Agency to the Contra Costa County Redevelopment Agency 23,095,000$ 8/16/2017 8/1/2025 212263AV9 US Bank 3/31 DCD Director Asst. Deputy Director - DCD Special Assessment Districts: 2013 Special Tax Refunding Bonds (Norris Canyon), $5,605,000 County of Contra Costa Community Facilities District No. 2001-1 5,605,000$ 1/24/2013 9/1/2031 212288CT9 BNY Mellon 3/31 DCD Director Asst. Deputy Director - DCD A-1 As of February 7, 2019 - B-1 - EXHIBIT B: REQUIRED INFORMATION FOR ANNUAL REPORTS OF COUNTY AND AUTHORITY Issue Description Due Date Filing Requirements Lease Revenue Bonds: County of Contra Costa Public Financing Authority Lease Revenue Bonds, $71,115,000 consisting of $19,055,000 2015 Series A (Capital Projects) and $52,060,000 2015 Series B (Refunding) Nine months after FYE 6/30 (3/31) (a) The audited financial statements of the County for the prior fiscal year, prepared in accordance with generally accepted accounting principles as promulgated to apply to governmental entities from time to time by the Governmental Accounting Standards Board. If the County’s audited financial statements are not available by the time the Annual Report is required to be filed pursuant to Section 3(a), the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the final Official Statement, and the audited financial statements shall be filed in the same manner as the Annual Report when they become available. (b) Numerical and tabular information for the immediately preceding Fiscal Year of the type contained in the Official Statement under the following captions: 1. The status of the construction and installation of the improvement constituting the 2015 Project, until such time as the 2015 Project is completed; 2. Report of changes in “DEBT SERVICE SCHEDULE;” 3. Table B-1–“County of Contra Costa General Fund Budget Summary;” 4. Table B-2–“County of Contra Costa Summary of Secured Assessed Valuations and Ad Valorem Property Taxation;” 5. Table B-5–“County of Contra Costa General Fund Statement of Revenues, Expenditures and Changes in Fund Balances;” 6. Table B-8–“Contra Costa County Employees’ Retirement Association Schedule of Funded Status;” 7. Table B-16–“Contra Costa County Other Post Employment Benefit Plan Summary of Contributions;” and 8. Table B-19–“Contra Costa County Outstanding Lease Revenue Obligations and Pension Obligation Bonds”). County of Contra Costa Public Financing Authority Lease Revenue Bonds, $58,055,000 consisting of $6,790,000 2010 Series A-1 (Capital Project I – Tax Exempt Bonds); $13,130,000 2010 Series A-2 (Capital Project I – Taxable Build America bonds); $20,700,000 2010 Series A-3 (Capital Project I – Taxable Recovery Zone Bonds); and $17,435,000 2010 Series B (Refunding) Nine months after FYE 6/30 (3/31) (a) The audited financial statements of the County for the prior fiscal year, prepared in accordance with generally accepted accounting principles as promulgated to apply to governmental entities from time to time by the Governmental Accounting Standards Board. If the County’s audited financial statements are not available by the time the Annual Report is required to be filed pursuant to Section 3(a), the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the final Official Statement, and the audited financial statements shall be filed in the same manner as the Annual Report when they become available. (b) Numerical and tabular information for the immediately preceding Fiscal Year of the type contained in the Official Statement under the following captions: 1. The status of the construction and installation of the improvement constituting Capital Project I and Capital Project II until such time as each Capital Project has been completed; 2. Report of changes in “DEBT SERVICE SCHEDULE;” 3. APPENDIX B–“COUNTY FINANCIAL INFORMATION–Recent County General Fund Budgets” (update Table B-1 “COUNTY OF CONTRA COSTA GENERAL FUND BUDGET”); 4. APPENDIX B–“COUNTY FINANCIAL INFORMATION–Ad Valorem Property Taxes” (update Table B-2 “COUNTY OF CONTRA COSTA SUMMARY OF SECURED ASSESSED VALUATIONS AND AD VALOREM PROPERTY TAXATION”); As of February 7, 2019 - B-2 - EXHIBIT B: REQUIRED INFORMATION FOR ANNUAL REPORTS OF COUNTY AND AUTHORITY Issue Description Due Date Filing Requirements 5. APPENDIX B–“COUNTY FINANCIAL INFORMATION–Accounting Policies, Reports and Audits” (update Table B-6 “COUNTY OF CONTRA COSTA GENERAL FUND STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES”); 6. APPENDIX B–“COUNTY FINANCIAL INFORMATION–Pension Plan” (update Table B-9 “CONTRA COSTA COUNTY EMPLOYEES’ RETIREMENT ASSOCIAT OF FUNDED STATUS”); 7. APPENDIX B–“COUNTY FINANCIAL INFORMATION–Other Post-Employment Healthcare Benefits” (update Table B-16 “CONTRA COSTA COUNTY OTHER POST-EMPLOYMENT HEALTHCARE BENEFIT PLAN SUMMARY OF PARTICIPATING EMPLOYEES AND CONTRIBUTIONS”); 8. APPENDIX B–“COUNTY FINANCIAL INFORMATION–Long Term Obligations” (update Table B-22–“CONTRA COSTA COUNTY OUTSTANDING LEASE OBLIGATIONS AND PENSION OBLIGATION BONDS”). As of February 7, 2019 - B-3 - EXHIBIT B: REQUIRED INFORMATION FOR ANNUAL REPORTS OF COUNTY AND AUTHORITY Issue Description Due Date Filing Requirements Pension Obligation Bonds: County of Contra Costa, California Taxable Pension Obligation Bonds, Series 2003A, $322,710,000 Dated: May 1, 2003 Nine months after FYE 6/30 (3/31) 1. The audited financial statements of the County for the prior fiscal year, prepared in accordance with generally accepted accounting principles as promulgated to apply to governmental entities from time to time by the Governmental Accounting Standards Board. If the County's audited financial statements are not available by the time the Annual Report is required to be filed pursuant to Section 3(a), the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the final Official Statement, and the audited financial statements shall be filed in the same manner as the Annual Report when they become available 2. Numerical and tabular information for the immediately preceding Fiscal Year of the type contained in the Official Statement under the following captions: (a) “APPENDIX A – COUNTY ECONOMIC, DEMOGRAGHIC AND FINANCIAL INFORMATION – Recent County General Fund Budgets” (update table entitled “COUNTY OF CONTRA COSTA GENERAL FUND BUDGET”); (b) “APPENDIX A – COUNTY ECONOMIC, DEMOGRAGHIC AND FINANCIAL INFORMATION – Ad Valorem Property taxes” (updated table entitled “COUNTY OF CONTRA COSTA SUMMARY OF ASSESSED VALUATIONS AND AD VALOREM PROPERTY TAXATION”); (c) “APPENDIX A – COUNTY ECONOMIC, DEMOGRAGHIC AND FINANCIAL INFORMATION – Accounting Policies, Reports and Audits” (update table entitled “COUNTY OF CONTRA COSTA GENERAL FUND SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES”); (d) “APPENDIX A – COUNTY ECONOMIC, DEMOGRAGHIC AND FINANCIAL INFORMATION – Long Term Obligations – General Obligation Debt” and “- Lease Obligations” (update table entitled “COUNTY OF CONTRA COSTA OUTSTANDING MARKETABLE LEASE AND PENSION BOND OBLIGATIONS”) Tax Allocation Bonds: Tax Allocation Refunding Bonds, Series 2017A (Tax-Exempt), $49,530,000, Series 2017B (Taxable), $23,095,000 Nine months after FYE 6/30 (3/31) (a) The audited financial statements of the Successor Agency for the prior fiscal year, prepared in accordance with generally accepted accounting principles as promulgated to apply to governmental entities from time to time by the Governmental Accounting Standards Board. If the audited financial statements of the Successor Agency are not available by the time the Annual Report is required to be filed pursuant to Section 3(a), the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the final Official Statement, and the audited financial statements shall be filed in the same manner as the Annual Report when they become available. (b) Numerical and tabular information for the immediately preceding Fiscal Year of the type contained in the Official Statement as follows: (i) Aggregate assessed values, incremental values, and projected Tax Revenues for the Project Areas; (ii) Assessed values for the Ten Largest Property Taxpayers in the Project Areas substantially in the form of Table 8 of the Official Statement; (iii) Information about each resolved and/or open appeal of assessed values in the Project Areas that exceeds 5% of the aggregate assessed value of the Project Areas substantially in the form of Table 9 of the Official Statement; As of February 7, 2019 - B-4 - EXHIBIT B: REQUIRED INFORMATION FOR ANNUAL REPORTS OF COUNTY AND AUTHORITY Issue Description Due Date Filing Requirements (iv) The outstanding principal amount, debt service schedule, and debt service coverage ratios for the Series 2017 Bonds, and any outstanding Parity Debt secured by Tax Revenues; and (v) The balance in the Reserve Account, if a municipal debt service reserve insurance policy is not deposited into the Reserve Account. (c) In addition to any of the information expressly required to be provided under Sections 4(a) and 4(b), the Successor Agency shall provide such other information, if any, necessary to make the required information, in light of the circumstances under which they were made, not misleading. (d) The presentation and format of the Annual Report may be modified from time to time as determined in the sole judgment of the Successor Agency to conform to changes in accounting or disclosure principles or practices and legal requirements followed by or applicable to the Successor Agency to reflect changes in the business, structure, or operations of the Successor Agency; provided that any such modifications shall comply with the requirements of the Rule. (e) Any or all of the items listed in this Section 4 may be included by specific reference to other documents, including official statements of debt issues of the Successor Agency or related public entities, which have been made available to the public on the MSRB website. The Successor Agency shall clearly identify each such other document so included by reference. Special Assessment Districts: 2013 Special Tax Refunding Bonds, $5,605,000 Nine months after FYE 6/30 (3/31) (a) The audited financial statements of the County for the prior fiscal year prepared in accordance with generally accepted accounting principles in effect from time to time by the Governmental Accounting Standards Board to apply to governmental entities. If the audited financial statements are not available by the time the Annual Disclosure Report is required to be filed pursuant to Section 3(a), the Annual Disclosure Report shall contain unaudited financial statements in a format similar to the financial statements contained in the Official Statement, and the audited financial statements shall be filed in the same manner as the Annual Disclosure Report when they become available. (b) The following information with respect to the 2013 Bonds and the District: 1. The principal amount of the 2013 Bonds outstanding. 2. The balances of all funds and accounts established by the Fiscal Agent Agreement as of the end of the next preceding fiscal year. 3. Total assessed value of all parcels subject to the Special Tax. 4. Actual Special Tax levy for the most recent fiscal year, Special Tax and property tax delinquency rate for parcels in the District for the most recent year. 5. Concerning delinquent parcels: (i) number of parcels delinquent in payment of Special Tax, (ii) amount of total delinquency and as a percentage of total Special Tax levy, and (iii) status of the County’s foreclosure proceedings upon delinquent properties. 6. Identity of any delinquent tax payer obligated for more than 10% of the annual Special Tax levy and: As of February 7, 2019 - B-5 - EXHIBIT B: REQUIRED INFORMATION FOR ANNUAL REPORTS OF COUNTY AND AUTHORITY Issue Description Due Date Filing Requirements (i) assessed value of applicable properties, and (ii) summary of results of foreclosure sales, if available. 7. Significant amendments to land use entitlements for property in the District known to the Director of the Department of Conservation and Development. 8. Status of any significant legislative, administrative, and judicial challenges to the construction of the development in the District known to the Director of the Department of Conservation and Development, without independent inquiry, for any year in which construction activity has occurred in the District. APPENDIX 4 CONTRA COSTA COUNTY FINANCING POLICIES FOR COMMUNITY FACILITIES DISTRICTS APPENDIX 4 TABLE OF CONTENTS TABLE OF CONTENTS ....................................................................................................................................... SECTION I: GENERAL POLICY STATEMENT .................................................................................................... 1 A. Community Facilities District Financings .......................................................................................... 1 B. Eligible Facilities ................................................................................................................................ 2 C. Eligible Services ................................................................................................................................. 2 SECTION II: INITIATION OF THE FINANCING ................................................................................................. 2 A. Application ........................................................................................................................................ 2 B. Processing and Formation Fees ........................................................................................................ 3 C. Petition for Formation and Waiver of Time Requirements of the Election ...................................... 4 D. Selection of the Financing Team ....................................................................................................... 4 SECTION III: DEBT AFFORDABILITY ADVISORY COMMITTEE ......................................................................... 5 SECTION IV: ECONOMIC VIABILITY OF THE FINANCING................................................................................ 6 A. Absorption Study .............................................................................................................................. 6 B. Appraisal ........................................................................................................................................... 7 C. Financial Information Required of Applicant .................................................................................... 8 D. Potential Third Party Guarantee of Special Tax Payments During Project Development ................ 9 E. Land Use Approvals ........................................................................................................................... 9 F. Equity Participation by Applicant and Major Participants .............................................................. 10 SECTION V: REVENUE SUPPORTING THE FINANCING ................................................................................. 10 SECTION VI: STRUCTURING THE FINANCING .............................................................................................. 11 A. Limited Obligations of the County .................................................................................................. 12 B. Structuring of Debt Service ............................................................................................................. 12 C. Reserve Funds ................................................................................................................................. 12 D. Capitalized Interest ......................................................................................................................... 12 E. Foreclosure Covenant ..................................................................................................................... 12 F. Underwriter and Original Issue Discount ........................................................................................ 13 SECTION VII: AGREEMENTS WITH AFFECTED PUBLIC ENTITIES .................................................................. 13 A. County Initiated CFD Financings ..................................................................................................... 13 B. CFD Financings Not Initiated by the County ................................................................................... 14 APPENDIX 4 SECTION VIII: CREDIT ENHANCEMENTS ...................................................................................................... 15 SECTION IX: OFFERING STATEMENTS AND DISCLOSURE ............................................................................ 15 SECTION X: ADMINISTRATION .................................................................................................................... 16 A. Debt Administration ........................................................................................................................ 16 B. Notice to Future Property Owners ................................................................................................. 16 C. Annual Reporting ............................................................................................................................ 17 SECTION XI: REFUNDINGS ........................................................................................................................... 17 SECTION XII: AMENDMENTS AND EXCEPTIONS .......................................................................................... 18 G:\CDBG-REDEV\MelloRoosCFD\MelloRoos CFD Policies\Community Facilities Districts Debt Policies 11.30.12.doc 1 SECTION I: GENERAL POLICY STATEMENT Contra Costa County (the "County") has created these goals and policies concerning the use of the Mello- Roos Community Facilities Act of 1982 (Government Code sections 53311 and following), as amended (the “Act”) in providing adequate public services and public infrastructure improvements (the "Policies"). The Policies will apply to all Community Facilities Districts (“CFDs”) and related debt financing. In those cases in which fixed lien special assessment or other types of land based financing is substituted for CFD financing, the County will apply the appropriate provisions of these Policies. These Policies are intended to serve as guidelines to assist all concerned parties in determining the County's approach to CFD financing, provide specific guidance for approval of public financing for provision of public services and public infrastructure improvements and establish the standards and guidelines for the review of proposed development financings. It is the County's intent to support projects which address a public need and provide a public benefit. These Policies are also designed to comply with Section 53312.7(a) of the Government Code. A. Community Facilities District Financings 1. The County encourages the development of residential, commercial and industrial property consistent with the adopted General Plan. The Board of Supervisors will consider the use of CFDs to assist these types of projects. 2. The County will consider the funding of services permitted under the Act if such funding does not create an unreasonable economic burden on the land and special taxpayers. 3. The County encourages the formation of CFDs as acquisition districts. In acquisition districts, a developer is reimbursed for projects only when discrete, useable facilities are deemed by the County to be completed. In construction districts, developers are provided progress payments during the construction of facilities. Acquisition districts provide stronger credit features, and better assure that the public facilities are completed. 4. While recognizing that public facilities proposed to be financed by a CFD are to benefit those properties within the boundaries of the proposed CFD, the Board of Supervisors finds that public benefit can only be "significant" when the benefit is also received by the community at large or are regional in nature but have a benefit to the properties within the proposed CFD. 5. The use of CFDs will be permitted to finance public facilities as described in Paragraph B below, whose useful life will be at least five (5) years and equal to or greater than the term of the bonds. Facilities which are, upon completion, owned, operated or maintained by public agencies will be considered public facilities. Limited exceptions may be made for facilities to be owned, operated or maintained by private utilities, or for facilities which could be owned by public agencies, or utilities. 6. The County is concerned that the proposed project that is to be financed is not premature for the area in which it is to be located. The proposed project must meet the land use approvals listed in Section D. 7. Extending public financing to a proposed project for identified public improvements cannot be G:\CDBG-REDEV\MelloRoosCFD\MelloRoos CFD Policies\Community Facilities Districts Debt Policies 11.30.12.doc 2 done without considering the aggregate public service needs for the project. Upon receipt of an application for public financing, the County will notify the other public entities having responsibility to serve the proposed project and request comment on the application. Periodic meetings, on a regional basis, with all affected public entities will be encouraged by the County to address the issues relative to overlapping debt 8. The Debt Affordability Advisory Committee (described in Section III below) may waive all or some of the provisions of these policies if unique and special circumstances apply to specific CFD financings. B. Eligible Facilities Facilities eligible to be financed by a CFD, upon completion of the construction or acquisition thereof, are intended to be owned by the County, another public agency or a public utility and must have a useful life of five (5) years or more. The list of public facilities eligible to be financed by a CFD may include, but is not limited to the following: streets, highways, and bridges; water, sewer, and drainage facilities; parks; libraries; police and fire stations; traffic signals and street lighting; recreation facilities; governmental facilities; flood control facilities; environmental mitigation measures; and public rights-of-way landscaping. Facilities to be financed must be legally eligible under the Act and federal tax law, if applicable, to the satisfaction of bond counsel. The Board of Supervisors will have the final determination as to the eligibility of any facility for financing under these Policies. C. Eligible Services Services eligible to be funded through a CFD include: police protection services, fire protection and suppression services, ambulance and paramedic services, maintenance and lighting of parks, parkways, streets, roads and open space, flood and storm protection services, and services with respect to the removal or remedial action for the cleanup of any hazardous substance released or threatened to be released in to the environment. The Board of Supervisors will have the final determination as to the prioritization of funding such services. A CFD may not finance public services provided by any other public agency. SECTION II: INITIATION OF THE FINANCING A. Application The proponent of a project must obtain and submit the required application to the initiating County department or related district or agency. The initiating County department with respect to CFD financings is the Department of Conservation and Development (the “Department”). Any application for the establishment of a CFD district will contain such information and be submitted in G:\CDBG-REDEV\MelloRoosCFD\MelloRoos CFD Policies\Community Facilities Districts Debt Policies 11.30.12.doc 3 such form as the Department may require. At a minimum each application must contain: 1. Proof of authorization to submit the application on behalf of the owner of the property proposed for new development for which the application is submitted if the applicant is not the owner of such property; 2. Evidence satisfactory to the Department that the applicant represents or has the consent of the owners of not less than 67% by area, of the property proposed to be subject to the levy of the special tax; 3. For any CFD financing to benefit new development, a business plan for the development of the property within the proposed CFD and such additional information as the Department may deem necessary to adequately review the financial feasibility of the CFD. For any CFD financing to benefit new development, the applicant must demonstrate to the satisfaction of the Department the ability of the owner of the property to be developed to pay the special tax installments for the CFD and any other assessments, special taxes and ad valorem on such property until full build out and sale or lease up of the property. An application must be completed and the necessary information provided, as determined by the initiating County department or related district or agency, before any action will be taken to process the application and initiate financing for a project. B. Processing and Formation Fees Applications are to be accompanied by a processing or formation fee. All costs to the County associated with the proceedings statutorily required to establish a CFD are to be advanced by the applicant and paid prior to the actual sale of any bonds. The applicant will be reimbursed solely from the proceeds of the bonds sold for all monies advanced. An initial deposit in an amount of not less than $35,000 for a CFD is to be attached to the completed application submitted. The initiating County department or related district or agency, in its discretion, may determine a larger deposit amount is appropriate. The deposit will be placed in a separate trust account held by the County. The deposit may be placed in an interest bearing account so long as it is directed to do so by the Board of Supervisors and is allowable under state law. All costs of the County and/or its consultants retained during the formation process are to be paid from this account. If, in the judgment of the initiating County department or related district or agency, the costs incurred or projected will cause the balance in this account to fall below $5,000, a written demand will be made to the applicant to advance monies sufficient to bring the account to a balance that is projected to meet remaining costs required to establish the CFD. Failure to advance the requested monies within ten (10) days of a written demand by the County will result in all processing of the application to cease and no further actions to be taken toward establishing the financing district until the monies have been received. Waiver of this requirement can be made only by formal action of the Board of Supervisors. Monies held in the trust account are to be applied to pay the County and its staff in reviewing and processing the application as well as the costs of the special tax consultant, appraiser, absorption consultant, all publication expenses, and any other costs determined by the County to be necessary to G:\CDBG-REDEV\MelloRoosCFD\MelloRoos CFD Policies\Community Facilities Districts Debt Policies 11.30.12.doc 4 establish the CFD. Accompanying the application will be an agreement governing the processing or formation fee, its deposit in a trust account, the use of the monies, the return to the applicant of any unused portion of the fee or other monies advanced, and reimbursement of all monies advanced from bond proceeds. C. Petition for Formation and Waiver of Time Requirements of the Election The Mello-Roos Community Facilities Act of 1982, as amended, (the "Act") states that one way to request the formation of a proposed community facilities district is through a Petition signed by landowners holding title to ten percent (10%) of the land by area within the proposed community facilities district. The Petition must be submitted to the County before formal action can be commenced to form the CFD. The form of the petition will be supplied by bond counsel once the completed application has been received and initial processing has been completed. The Act also provides that the formation can be shortened if one hundred percent (100%) of the property owners within the proposed boundaries of the CFD execute a waiver regarding the timing of and certain procedures associated with the required special election. The applicant should indicate on the application whether this waiver can be secured. D. Selection of the Financing Team The County will select the bond counsel, financial advisor, underwriter or placement agent or remarketing agent, and fiscal agent/trustee. It will require the retention of underwriter's counsel or disclosure counsel. Providers of letters of credit, liquidity supports and other types of credit enhancements are also subject to the approval of the County. Bond counsel and underwriter or disclosure counsel must be different firms. In addition to the consultants that compose the financing team, as noted above, the County will select a special tax consultant to determine a fair and reasonable method to allocate the special tax required to meet debt service on the bonds and other related expenses of the proposed CFD. Unless satisfactory and current information regarding land values for property within the proposed CFD and subject to the special tax is available, the County will require that a real estate appraiser of its choice be retained and an appraisal made. Additionally, an economist or real estate appraiser or other qualified independent third party may also be retained for the purpose outlined in Section IV.A. In addition, the County reserves the right to retain additional professional consultants that it deems appropriate. G:\CDBG-REDEV\MelloRoosCFD\MelloRoos CFD Policies\Community Facilities Districts Debt Policies 11.30.12.doc 5 SECTION III: DEBT AFFORDABILITY ADVISORY COMMITTEE The Board of Supervisors established the Debt Affordability Advisory Committee (the “Committee”) to review issues relevant to capital markets transactions and to make recommendations to the Board of Supervisors when appropriate. The Committee will be comprised of the County Auditor-Controller, the County Treasurer-Tax Collector, Director of the Department of Conservation and Development, and the Senior Deputy County Administrator/Finance Director. The Committee is charged with the task of reviewing and commenting upon all CFD financing as well as other types of financing proposed to be issued by the County or its related districts or agencies. The Committee is to review each proposed debt issue and provide comment on whether the proposed debt issue is consistent with these Policies. It is to comment on the economic viability and credit worthiness of the proposed debt issue. In performing its function the Committee may, in its sole discretion, review a matter more than once and retain additional consultants to assist in its review. The cost of such consultants is to be borne by the proponent of the debt issue. In addition, the Committee has an ongoing responsibility to monitor the status of debt issued by the County or related districts or agencies. A written summary of the Debt Affordability Advisory Committee's review of the proposed financing is to be prepared and submitted to the Board of Supervisors after it considers the financing. The written summary will state the issues considered by the Committee, whether the financing and the issues considered were consistent with or at variance with these Policies, and its recommendation with regard to each issue and the financing. If the vote of the Committee is not unanimous, the written summary is to so indicate and summarize the position taken by the minority members of the Committee. The following are those matters which at minimum the Debt Affordability Advisory Committee is to review and comment upon with regard to the CFD financings. 1. Prior to the Board of Supervisors considering the resolution of intention to establish a CFD, the Department is to determine that all land use approvals required for the project under Section IV.E. have been fulfilled and that the proposed rate and method of apportionment of the special tax is consistent with Section V.A. of these Policies. Any variation from these Policies is to be noted and a recommendation made to the Board of Supervisors with regard thereto. 2. Prior to the Board of Supervisors considering the resolution authorizing the sale and issuance of bonds, the Debt Affordability Advisory Committee is to determine that: a) A current appraisal and any related absorption study have been prepared consistent with Section IV.A. and IV.B of these Policies and that satisfactory land value to lien ratios exist. b) Each property owner responsible for twenty percent (20%) or more of the debt service on the bonded indebtedness to be incurred has supplied the financial security required by Section IV.C. and IV.D. of these Policies. c) The rate and method of apportionment of the special tax is in compliance with Section V.A. of these Policies. d) The structure of the proposed financing is consistent with the applicable subsections of Section VI of these Policies. G:\CDBG-REDEV\MelloRoosCFD\MelloRoos CFD Policies\Community Facilities Districts Debt Policies 11.30.12.doc 6 e) Each property owner responsible for 20% or more of the debt service in connection with any series of bonds must be current with respect to payment of all general property taxes, and any assessments or special taxes levied. As stated above, any variation from these Policies is to be noted and a recommendation made to the Board of Supervisors with regard thereto. In addition, the Debt Affordability Advisory Committee is to make any comment it deems relevant in determining the economic viability or credit worthiness of the proposed debt issue. The Committee is to make a recommendation to the Board of Supervisors as to whether or not to proceed with the sale and issuance of the bonds. If the proposed financing contemplates that bonds are to be issued in series, then each series is to be reviewed and commented upon by the Debt Affordability Advisory Committee before that series of bonds is considered by the Board of Supervisors for issuance. Any proposal for refunding or defeasing a particular CFD financing is to be reviewed for consistency with Section XI of these Policies and commented on by the Debt Affordability Advisory Committee prior to it being submitted to the Board of Supervisors for consideration. Once issuance of bonds has been approved by the Board of Supervisors and the bonds have been sold, the County department or related district or agency having responsibility for the administration of the bond issue is to annually file with the Auditor Controller of the County a report regarding the status of the bond financing. The occurrence of a technical default, or the likelihood thereof, is to be reported immediately to the Auditor Controller of the County by the administering County department or related district or agency. SECTION IV: ECONOMIC VIABILITY OF THE FINANCING In evaluating the application and the proposed debt issue, the County may require any or all of the following to determine the economic viability of the proposed project and the timing of the sale of any bonds or series thereof. The following requirements would apply to a Services CFD only to the extent determined by the Department. A. Absorption Study Unless waived by the Debt Affordability Advisory Committee, an absorption study of the proposed project will be required for CFD financings. The absorption study will be used: (1) as a basis to verify proposed base pricing of the finished products (lots or completed buildings or dwelling units) subject to the levy of the special tax; (2) to determine the projected market absorption of such finished products and (3) as a basis for verification that the assumptions supporting the special tax formula are appropriate and sufficient revenues can be collected to support the bonded indebtedness to be incurred. The absorption study will also be used to evaluate the timing consideration identified by the applicant and the financing team. The absorption study will be provided to the appraiser and the appraisal required below in Section IV.B. is to reflect consideration of the absorption study. G:\CDBG-REDEV\MelloRoosCFD\MelloRoos CFD Policies\Community Facilities Districts Debt Policies 11.30.12.doc 7 B. Appraisal 1. Definition of Appraisal An appraisal is a written self-contained report independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information. A qualified appraiser is a state certified real estate appraiser, as defined in Business and Professions Code Section 11340. 2. Standards of Appraisal A detailed complete appraisal will be prepared to support any CFD financing. A detailed complete appraisal will reflect nationally recognized appraisal standards including, to the extent appropriate, the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation, the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. An appraisal should also generally conform to the Appraisal Standards for Land - Secured Financings provided by the California Debt and Investment Advisory Commission ("CDIAC"). Appraisals undertaken to establish value-to-lien ratios in CFD’s should value the fee simple estate, subject to special assessment and special tax liens. The estimate of Market Value should be refined to reflect the Retail Value of fully improved and occupied properties and the Bulk Sale Value of all vacant properties, including both unimproved properties and improved or partially improved but unoccupied properties. An appraisal must contain sufficient documentation including valuation data and the appraiser’s analysis of the data to support his or her opinion of value. At a minimum, the appraisal will contain the following items: a) The purpose and/or function of the appraisal, an identification of the property being appraised, the intended use, the identity of the current and intended uses, and a statement of the assumptions and limiting conditions affecting the appraisal. b) An adequate description of the physical characteristics of the property being appraised, location, General Plan/zoning, present use, and an analysis of highest and best use. c) Relevant and reliable approaches to value consistent with commonly accepted professional appraisal practices. If a discounted cash flow analysis is used, it should be supported with at least one other valuation method, such as a market approach using sales that are at the same stage of land development, when possible. If more than one approach is utilized, there will be an analysis and reconciliation of approaches to value that are sufficient to support the appraiser’s opinion of value. d) A description of comparable sales, including a description of all relevant physical, legal and economic factors such as parties to the transaction, source and method of financing, and verification by a party involved in the transaction. e) A statement of the value of real property. f) The effective date of valuation, date of appraisal, signature and certification of the appraiser. G:\CDBG-REDEV\MelloRoosCFD\MelloRoos CFD Policies\Community Facilities Districts Debt Policies 11.30.12.doc 8 3. Community Facilities District Appraisal Premises. The valuation of proposed special tax districts will be based on all of the following three premises: a) Raw Land Value. (Premise #1). The total land within the project will be valued “as is”: (i) Without proposed infrastructure being financed or any future private improvements; (ii) With existing parcel configuration and existing land use entitlements; and (iii) Considering planned densities allowed by the General Plan, specific plan, zoning or other project approvals then in effect This is a typical type of land valuation. b) Project Build-out value. (Premise #2). The total land within the project is valued under projected conditions: (i) With completion of proposed infrastructure being financed; (ii) At the planned densities allowed by the General Plan, specific plan, zoning or other approvals then in effect: and (iii) Land development is at the stage of being marketed to merchant builders or tentative tract maps ready to be filed. This is a projected value based on project plans predicated on market conditions continuing as projected. c) Bulk Land Value. (Premise #3). The total land within the project is valued under projected conditions: (i) With completion of proposed infrastructure being financed; (ii) With existing parcel configuration; and (iii) Considering planned densities allowed by the General Plan, specific plan, zoning or other project approvals then in effect. This premise should consider a discounted or “quick sale” valuation considering time, costs and the possibility of a pre unit value based on the total size of the project. 4. Timeliness of Information. To ensure that the opinion of value is current at the time of any bond sale, the valuation date of the appraisal or an update to the appraisal should be within three months of the bond sale. C. Financial Information Required of Applicant Both at time of application and prior to the sale and issuance of any bonds, the applicant for a CFD debt issue and all property owners owning land within the boundaries of the proposed financing district that will be responsible for twenty percent (20%) or more of the debt service on the bonded indebtedness to be incurred will provide financial statements (preferably audited) for the current and prior two fiscal years. The applicant will also provide all other financial information related to the proposed project that may be requested by the County. Subsequent to the sale and issuance of the bonds, federal and state statutes and/or regulations regarding G:\CDBG-REDEV\MelloRoosCFD\MelloRoos CFD Policies\Community Facilities Districts Debt Policies 11.30.12.doc 9 the financing may require the preparation of periodic reports. The applicant and all major participants in the project will be required to provide that information needed to complete such statutorily required reports. In addition, the County department or related district or agency responsible for the administration of the bonds may require information of the applicant or the major participants in the project to satisfy reporting demands of rating agencies or institutional buyers. D. Potential Third Party Guarantee of Special Tax Payments During Project Development The greatest exposure to default on CFD bonds is the period between the issuance of bonds and project stabilization. The risk of default is increased when only a single or a few property owners are responsible for the special assessment or special tax payments. While the County’s credit is not pledged to support the bonds, a default on CFD bonds can negatively impact the investment community’s perception of the County. To minimize the risk of default, the County may require a third party guarantee for the annual special tax payments within a district while the project is being developed and until there is significant absorption of the new development. The need for, nature and duration of any third party guarantees will be evaluated by the County and its financing team on a case by case basis. However, a third party guarantee would be specifically required of a developer in each year in which the developer owns or leases property within the district which is responsible for 20% or more of the special taxes levied; the guarantee would provide for 100% of the special tax levy due in each applicable fiscal year for property owned or leased by such developer. If required, the commitment letter for the third party guarantee must be provided within five days of the Resolution of Issuance and the third party guarantee must be provided prior to printing the preliminary official statement for the financing. Third party guarantees may include letters of credit (“LOCs”), surety bonds, or some other mechanism which assures payment of special taxes while the project is being developed. When LOCs are provided, they must be in form and substance acceptable to the County from a bank acceptable to the County. E. Land Use Approvals For CFD financings the County will require, at a minimum that the proposed project must 1. be consistent with the County's General Plan; 2. be reviewed by the Director of the Department or designee, and have satisfied or be able to satisfy, all of the relevant land use requirements specified by the Director; and, 3. have had the service levels for the required public facilities established or the exact public facilities required for the project identified. A proposed project that requires: (i) a General Plan amendment, (ii) a change of zone that increases the density or intensity of land use, (iii) a specific plan, or (iv) a specific plan amendment that increases the G:\CDBG-REDEV\MelloRoosCFD\MelloRoos CFD Policies\Community Facilities Districts Debt Policies 11.30.12.doc 10 density or intensity of land use will be referred to the Department’s Community Development Division for evaluation as to whether the project is premature. An appropriate environmental review of the proposed project is to have been completed as part of land use entitlement proceedings that will have addressed all of the public facilities that are to be constructed through the proposed financing. F. Equity Participation by Applicant and Major Participants In evaluating the proposed debt issue, the Debt Affordability Advisory Committee will consider the equity participation of the applicant and the major participants in the proposed project. At the time the application for the proposed financing is received, an analysis will be made as to the equity interest that the applicant has in the proposed project. It will also be required of the applicant that in addition to the financing, the applicant will fund in-tract public infrastructure and may be expected to contribute to other public improvements related to the proposed project. SECTION V: REVENUE SUPPORTING THE FINANCING CFD bonds are termed "limited obligations" whose primary repayment is secured by a special tax. The following are criteria that will be applied in evaluating the revenue stream that will be supporting a proposed CFD bond financing. A. The rate and method of apportionment of the special tax must be both reasonable and equitable in apportioning the costs of the public facilities and services to be financed to each of the parcels within the boundaries of the proposed CFD. B. The rate and method of apportionment must be structured to produce special taxes sufficient to pay scheduled debt service on all bonds (and provide coverage equal to 10% of debt service - see Section V.F. below), pay annual services or maintenance expenses (if applicable), establish or replenish any reserve fund for a bond issue, and pay reasonable and necessary administrative expenses of the CFD. In addition, the rate and method of apportionment may be structured to produce amounts to pay directly the costs of public facilities authorized to be financed by the CFD, the accumulation of funds reasonably required for future debt service, amounts equal to projected deficiencies in special tax payments, any remarketing, credit enhancement or liquidity fees and any other costs or payments permitted by law. C. The rate and method of apportionment of the special tax is to provide for the administrative expenses of the proposed CFD, including, but not limited to, those expenses necessary for the enrollment and collection of the special tax and bond administration. D. All property not otherwise exempted by the Act from taxation will be subject to the special tax. The rate and method of apportionment may provide for exemptions to be extended to parcels that are publicly-owned, held by property owners associations, used for a public purpose such as permanent G:\CDBG-REDEV\MelloRoosCFD\MelloRoos CFD Policies\Community Facilities Districts Debt Policies 11.30.12.doc 11 open space or wetlands, or affected by public utility easements making impractical their use for other than the purposes specified in the easement E. The annual special tax levy on each residential parcel developed to its final land use will not escalate, except that a variation for services and administrative expenses will be allowed. The County will allow an annual escalation factor, not to exceed two percent (2%) per year, on parcels to be developed for commercial or industrial uses. F. The maximum annual special tax, together with ad valorem property taxes, County Service Area charges, special assessments or taxes for an overlapping financing district, or any other charges, taxes or fees payable from and secured by the property, including potential charges, taxes, or fees relating to authorized but unissued debt of public entities other than the County, in relation to the expected assessed value of each parcel upon completion of the private improvements to the parcel is of great importance to the County in evaluating the proposed financing. The objective of the County is to limit the total tax burden, including the ad valorem property taxes levied by the County, special taxes levied by any existing district for the payment of bonded indebtedness or ongoing services, assessments levied for any assessment district or maintenance district for the payment of bonded indebtedness or services and the assigned special tax for the proposed CFD, on any parcel to a maximum of two percent (2%) of the expected assessed value of the parcel upon completion of the private improvements. In evaluating whether this objective can be met, the County will consider the aggregate public service needs for the proposed project. It will consider what public improvements the applicant is proposing be financed in relation to these aggregate needs and decide what is an appropriate amount to extend in public financing to the identified public improvements. G. The total maximum annual special taxes that can be collected from taxable property in a district, taking into account any potential changes in land use or development density or rate, and less all projected administrative expenses, must be equal to at least one hundred ten percent (110%) of the gross annual debt service on any bonds issued by or on behalf of the CFD in each year that said bonds will remain outstanding. H. The rate and method of apportionment of the special tax will include a provision for a back up tax or other assurances to protect against any changes in development that would result in insufficient special tax revenues to meet the debt service requirements of the CFD. Such backup tax or other assurances will be structured in such a manner that it will not violate any provisions of the Act regarding cross-collateralization limitations for residential properties. I. A formula to provide for the prepayment of the special tax may be provided; however, neither the County nor the CFD will be obligated to pay for the cost of determining the prepayment amount which is to be paid by the requesting property owner. SECTION VI: STRUCTURING THE FINANCING G:\CDBG-REDEV\MelloRoosCFD\MelloRoos CFD Policies\Community Facilities Districts Debt Policies 11.30.12.doc 12 In structuring a CFD financing, the County and its financing team will insure that the following issues are addressed in connection with the CFD bond issue. A. Limited Obligations of the County Both the statutory authority providing for the issuance of CFD bonds as well as the proceedings resulting in the sale and issuance of the bonds must ensure the bonds are limited obligations of the County payable only from the revenue source identified and do not require the expenditure of the general funds or any other revenues of the County to satisfy debt service obligations or to replenish any reserve fund established for the bonds. B. Structuring of Debt Service While the County prefers that debt service be structured with approximately level debt service, CFD financings may be structured with level, escalating, or declining debt service. The bonds must mature within forty (40) years of the date of the initial bonds issued. No bonds will be issued with a maturity date greater than the expected useful life of the facilities being financed. C. Reserve Funds The County will require that for CFD financings a reserve fund be established at a required funding level as determined appropriate by the financing team. D. Capitalized Interest Interest will be capitalized for a bond issue only as long as necessary to place the special tax installments on the assessment roll; provided, however, that interest may be capitalized for a longer term to be established in the sole discretion of the County on a case by case basis, not to exceed an aggregate of 18 months, taking into consideration the value to lien ratio for such bonds, the expected timing of initial occupancies of residential dwelling units or nonresidential structures within the CFD, expected absorption and buildout of the property within the applicable Community Facilities District, expected construction and completion schedule for the facilities to be funded from the proceeds of the bonds, the size of the bond issue, the development pro forma and the equity position of the applicant and such other factors as the County may consider relevant. E. Foreclosure Covenant In collecting delinquent special taxes, the County seeks to balance the bondholders’ right to receive timely payment with fairness to property owners within the CFD who, due to extenuating circumstances, may have difficulty paying their special taxes in a timely manner. Because CFD financings generally are repaid from special tax receipts and solely secured by liens against property within the CFD, the G:\CDBG-REDEV\MelloRoosCFD\MelloRoos CFD Policies\Community Facilities Districts Debt Policies 11.30.12.doc 13 investment market expects to see appropriate foreclosure covenants. Foreclosure covenants would compel the County to take action to file a foreclosure action against a parcel with certain delinquency thresholds are reached. For example, a covenant may require the County to institute foreclosure if an individual delinquency exceeds a certain threshold (e.g., $5,000) or the total amount of delinquencies exceeds a specified percentage of the total special taxes to be received (e.g., 5%). Those standards may differ if the reserve fund for the issue remains fully funded. For each bond issue, the County and its financing team will analyze key aspects of the district (e.g., number of parcels, special tax rates, and debt service) to structure foreclosure covenants in a manner that satisfies the bondholders’ need to reduce the likelihood of a shortfall in special taxes to pay debt service with the desire to provide flexibility in treatment of individual special tax payers. F. Underwriter and Original Issue Discount The underwriter's discount will be negotiated and determined solely by the County and will be competitive with and comparable to such discounts on similar financings being issued by the County and other public entities. The County will consider any other compensation the underwriter may be receiving in connection with the bond financing in determining the appropriate amount of the discount. An original issue discount will be permitted only if the County determines that such discount results in a lower true interest cost on the bonds and that, for CFD financings, the use of an original issue discount will not adversely affect the ability of the CFD to construct public facilities identified by the bond documents. SECTION VII: AGREEMENTS WITH AFFECTED PUBLIC ENTITIES A. County Initiated CFD Financings 1. For CFDs, the joint community facilities agreement(s) required with other public entities which will own, maintain or operate the facilities to be financed must be adopted and approved by all parties at or prior to the adoption of the resolution establishing the CFD. 2. Should a CFD bond issue be for the construction of public facilities required to be sized to exceed the service needs of the properties within the boundaries of the financing district, the County will negotiate the following: a) To the extent that the affected public entity's regulations allow, a credit against connection fees or other fees such that the credit will preclude the affected properties from contributing twice toward the cost of the identified public facilities. b) To the extent that the affected public entity's regulations allow, a reimbursement for oversized facilities that will allow the CFD to balance the bonded indebtedness incurred with the level of benefit the properties are to receive from the public facilities that are to be financed. G:\CDBG-REDEV\MelloRoosCFD\MelloRoos CFD Policies\Community Facilities Districts Debt Policies 11.30.12.doc 14 c) Any reimbursements for oversizing received from the affected public entity are to be paid to the CFD and, depending upon date of receipt, will be used either to augment construction proceeds or to reduce the outstanding bonded indebtedness of the financing district as determined appropriate by the County. B. CFD Financings Not Initiated by the County An administrative review will be made by the Department of all non-county initiated CFD financings that will require a joint community facilities agreement with the County to ensure compliance with the following minimum requirements. Only those financings that do not satisfy these minimum requirements will be referred to the Debt Affordability Advisory Committee for review and comment. 1. For CFDs containing residential projects, the rate and method of apportionment of the special tax will not provide for an annually increasing maximum special tax for any residential classification. However, for commercial and industrial projects within the CFD, the County will accept a maximum special tax for such classifications that escalates at a rate not to exceed two percent (2%) per year. 2. For CFDs, the total projected annual special tax revenues, less estimated annual administrative expenses, must exceed the projected annual gross debt service on the bonds by ten percent (10%). In structuring the rate and method of apportionment of the special tax, projected annual interest earnings may also be included as part of the projected annual revenues to satisfy this coverage requirement. Annual bond reserve fund interest earnings will be calculated at a rate to be determined by the County but, in no event greater than the then current passbook savings rate. 3. Whether the projected ad valorem property tax and other direct and overlapping debt for the property within the proposed boundaries of the CFD, including the proposed maximum special tax, does meet the County's objective of not exceeding two percent (2%) of the anticipated assessed value of each improved parcel upon completion of the private improvements as articulated in Section V.E. will be reviewed. This review will include current or estimated County Service Area or Community Service District charges, benefit assessments, levies for authorized but unissued debt and any other anticipated charge which may be included on the property tax bill. 4. With regard to any bonds to be issued, there will be created a reserve fund that will be established for each series of bonds. 5. If the County or its related districts or agencies are to: a) own, operate, or maintain a majority of the facilities to be financed, or, b) be the single largest recipient of the facilities to be financed, or, c) own, operate or maintain facilities having a combined construction cost of $100,000 or more, including design, engineering, construction contingencies and related costs of the G:\CDBG-REDEV\MelloRoosCFD\MelloRoos CFD Policies\Community Facilities Districts Debt Policies 11.30.12.doc 15 construction project, then the County will require that all of the appropriate Policies set forth herein will be adhered to before entering into a joint community facilities agreement. SECTION VIII: CREDIT ENHANCEMENTS Credit enhancements, if required by the County, are to be utilized either to improve the credit worthiness of the proposed financing or to insure that the debt service requirements of the proposed debt issue are met in a timely manner. It is important to the County to minimize the possibility of a debt issue being placed in default and to insure that sufficient cash flows are available to meet debt service requirements. Section IV. D. contains a potential requirement for credit enhancement related to the ownership of 20% or more of the property within a CFD. The County will examine carefully the provider of the required credit facility and the form that the credit facility will take. The rating of the provider, as well as the provider's capitalization, are of principal concern, and a reduction in either during the term of the credit facility to a level unacceptable to the County may require that an alternate credit facility be secured from an acceptable provider. The County reserves the right, in its sole discretion, to determine the acceptability of both the credit facility and its provider. SECTION IX: OFFERING STATEMENTS AND DISCLOSURE It is the intent of the County to comply with all applicable federal or state requirements regarding disclosure to insure that fair and accurate descriptions of debt issues are provided to the purchasers of the bonds. The County and any owner of property within a CFD that has not reached its entitled development and that will be responsible for the payment of special taxes representing such portion (as determined by bond counsel) of annual debt service on an issue of bonds that would cause such person or entity to be an “obligated person” under federal securities law (each, an “Obligated Person”) will use all reasonable means to ensure compliance with applicable federal securities laws in connection with the issuance of debt and the provision of financial information and operating data regarding any CFD established by the County with respect to which bonds have been issued. The County will retain disclosure counsel for any particular land secured or conduit financing having an aggregate principal value of $1,000,000 or more. Decisions as to the adequacy of the disclosure will be determined by the County, its counsel, bond counsel and disclosure counsel. No preliminary or final offering statement for a particular land secured or conduit financing will be released for circulation unless it is deemed final by the County on the advice of its counsel, bond counsel or disclosure counsel. With regard to the initial disclosure, each Obligated Person will be required to provide for inclusion in the official statement or other offering materials distributed in connection with the offering and sale of such bonds, such information as may be required to satisfy any requirements of, or avoid any liability under, any applicable federal or state securities laws. The proponent(s) of a particular land secured or conduit financing and all principal participants therein are expected to provide the information requested by the County, its counsel, the underwriter, its counsel, G:\CDBG-REDEV\MelloRoosCFD\MelloRoos CFD Policies\Community Facilities Districts Debt Policies 11.30.12.doc 16 disclosure counsel, or bond counsel that is deemed necessary for disclosure purposes. Failure on the part of the proponent and any principal participants to comply with such requests will jeopardize completion of the debt issue. With regard to continuing disclosure, each Obligated Person will be required to enter into an Agreement pursuant to which such Obligated Person will agree to provide financial information and operating data, on an ongoing basis, as may be required for the underwriter of such bonds to satisfy the requirements imposed on such Obligated Person pursuant to Rule 15c2-12 under the Securities Exchange Act of 1934. The proponent of a particular land secured or conduit financing and all Obligated Persons will be required to execute those certificates and provide those written opinions of their respective counsel that are required by the terms of the bond purchase agreement. Failure to do so will result in the bonds not being sold and issued. Failure of the proponent of a particular land secured or conduit financing or of any Obligated Person to comply with such proponent’s or Obligated Person’s initial or continuing disclosure obligations pertaining to bonds previously issued for any other CFD will be grounds for denial of the application for the formation of a CFD. Any such failure should be remedied by the time of providing the preliminary official statement and such failure will be disclosed in the preliminary and final official statements as required by bond counsel and/or disclosure counsel. SECTION X: ADMINISTRATION All matters related to administration of issued bonds are to be handled consistent with the terms of the trust indenture or fiscal agent agreement pursuant to which the bonds were sold. Administrative responsibilities with regard to the bonds and the project being financed by bond proceeds will vary depending upon the nature of the project. A. Debt Administration CFD bonds are issued pursuant to bond indentures or fiscal agent agreements which identify the Auditor- Controller of the County to have administrative responsibility for these debt issues. This includes, among other duties, the computation and enrollment of the special tax, payment of principal and interest on the bonds, initiation of foreclosure proceedings with regard to delinquent parcels, and management and investment of monies held in all funds and accounts created by the bond indentures or fiscal agent agreements. B. Notice to Future Property Owners The Act requires that certain disclosure certificates regarding the existence of a CFD and the special tax obligation be provided to those individuals purchasing property within the CFD, including to interim purchasers and merchant builders. The County will require that the statutorily prescribed disclosure be G:\CDBG-REDEV\MelloRoosCFD\MelloRoos CFD Policies\Community Facilities Districts Debt Policies 11.30.12.doc 17 made to the initial purchaser of property within a CFD, and the proponent of the CFD and/or developer will make available the information necessary to complete the disclosure certificate required for secondary transfers. In its sole discretion, the County may require additional disclosure if such disclosure will aid subsequent purchasers to be made aware of the existence of the CFD and the lien obligations created by the special tax. C. Annual Reporting The County departments or related districts or agencies identified in Section X. of these Policies as having responsibility for bond administration will prepare and timely file with the state and federal agencies all statutorily required reports. Consistent with Section III of these Policies, County departments or related districts or agencies having responsibility for bond administration are to prepare and submit annually to the Auditor Controller of the County a report on the status of their respective debt issues on forms to be provided by the Debt Affordability Advisory Committee. The occurrence of technical default, or the likelihood thereof, is to be reported immediately to the Auditor Controller of the County by the administering department or related district or agency. For the purposes of these Policies, the term "technical default" will mean the occurrence of an event or omission that may result in the inability to make timely payment of debt service on the financing or would jeopardize the tax exempt status of the financing (e.g., the need to draw on a reserve fund, the insolvency or bankruptcy of a principal property owner, the insolvency of a provider of a credit enhancement, or insufficient funds to make a required rebate payment). The information contained in these reports will allow the Auditor Controller of the County to prepare an analysis of the outstanding debt of the County and its related districts or agencies. SECTION XI: REFUNDINGS The principal objective of the County in refunding an outstanding debt issue is to secure a public benefit which may include an interest rate savings that will result in both an annual and present value savings to the property owners responsible for paying debt service on the bonds. The actual value of the savings must significantly exceed the costs of the refunding and any increase in the principal amount of bonds that will be outstanding as a result of the refunding. Refunding of a particular CFD financing must at minimum be structured to reflect the following: 1. The refunding bonds will mature on a date not later than the date on which the bonds being refunded (the "prior bonds") mature. 2. Annual debt service savings to be realized from the refunding are to be apportioned over the remaining life of the refunding bonds. 3. The prior bonds (or any portion thereof being refunded) are to be legally defeased in accordance G:\CDBG-REDEV\MelloRoosCFD\MelloRoos CFD Policies\Community Facilities Districts Debt Policies 11.30.12.doc 18 with the indenture or fiscal agent agreement authorizing their issuance. If there is no provision for their defeasance, a defeasance escrow will be established that will contain only cash or direct obligations of the United States. 4. A refunding that results in an increase in the principal amount of bonds outstanding must consider prepayments that have been received prior to the refunding. The County will also consider refunding an outstanding land secured financing to address unacceptable or unworkable bond covenants, debt service schedules or bond maturities. SECTION XII: AMENDMENTS AND EXCEPTIONS The County reserves the right to amend or modify these policies at any time and the right to make exceptions or grant waivers for specific financing projects, as facts and circumstances warrant. APPENDIX 5 Contra Costa County Debt Management Policies For Multifamily Mortgage Revenue Bond Program 1 I. SUMMARY This Appendix 5 provides specific policies and procedures for multifamily mortgage revenue bond (MFMRB) issues, which are in addition to those established by the County in the Contra Costa County, California Debt Management Policy (County Policy). The MFMRB is administered by the County’s Department of Conservation and Development (DCD)1. Federal, state and local legislation authorize issuance of mortgage revenue bonds by local governments to finance the development, acquisition and rehabilitation of multifamily rental housing projects pursuant to Section 52075 of the California Health and Safety Code, and applicable provisions of the Internal Revenue Code. The allocation of private activity bond authority is secured through the California Debt Limit Allocation Committee (CDLAC). The interest on the bonds can be exempt from federal and state taxation. As a result, bonds provide below market financing for qualified rental projects located within Contra Costa County (the “County”)2. In addition the bonds issued under the program can qualify projects for allocations of federal low-income housing tax credits (LIHTC), that provide a significant portion of the funding necessary to develop affordable housing. There is no direct legal liability to the County in connection with the repayment of bonds; there is no pledge of the County’s faith, credit or taxing power and the bonds do not constitute general obligations of the issuer because the security for repayment of bonds is limited to project revenue and other sources specified under each financing. Project loans are, in most cases, secured by a first deed of trust on the bond-financed property. The program is completely self-supporting; developers must secure funding to pay for costs of issuance of the bonds and all other costs under each financing. The bonds may be used for construction, rehabilitation and permanent financing. The effective mortgage rate is the aggregate of the applicable bond rate and the add-on fees charged under the program such as lender, trustee, issuer’s fee, etc. The bond rate, for fixed rate bonds, is determined at the time of a bond sale, and the resulting mortgage rate is approximately 1.5-2 percent below conventional mortgage rates. The project loans generally have a 30-year amortization schedule. The goals of the program include: • Increase and preserve the supply of affordable rental housing; • Encourage economic diversity within residential communities; • Maintain a quality living environment for residents of assisted projects and surrounding properties; and • In the event of provision of public funds towards the project, optimize the effectiveness of those funds by maximizing the leveraging of private sector funds. 1 DCD also manages a single-family mortgage revenue bond (SF MRB) program. It seeks an annual allocation of SFMRB funds and converts the allocation to Mortgage Credit Certificates (MCCs). MCC program information is available on the County website at http://ca- contracostacounty2.civicplus.com/4768/Mortgage-Credit-Certificate-Program. 2 The County receives resolutions from the cities and towns for each transaction prior to seeking a reimbursement resolution from the Board of Supervisors. 2 II. ELIGIBILITY The project must be located within the County and consist of complete rental units, including full kitchens and bathrooms, and cannot be used for transient or student housing. There is no limit on the minimum or maximum project size or number of units. However, smaller size projects (fewer than 40 units or less than $2 million loan) may not find tax exempt financing economically efficient due to the costs of issuance, services of the financial team, rating fees, etc. Proposed combined or pooled projects will be considered on a case by case basis. For projects requiring bond financing greater than $50 million, it will be necessary to obtain a waiver from CDLAC in order to receive an allocation. Loan funds may be used for costs of property acquisition (no more than 25% of bond proceeds can be used for the acquisition of land), construction, rehabilitation, improvements, architectural and engineering services, construction interest, loan fees and other capital costs of the project incurred after the Bond Reimbursement date (specified in Section VII - Financing Process). Pursuant to federal requirements, if bonds are used for acquisition and rehabilitation, at least 15 percent of the portion of the acquisition cost of the building and related equipment financed with the proceeds of the bonds must be used for rehabilitation of the project. No more than two percent of any tax-exempt bond loan can be used to finance costs of issuance, such as the services of the financing team members, rating and printing of bonds, bond allocation, etc. III. COUNTY COMPENSATION The County’s fees are comprised of (1) a non-refundable application fee due prior to drafting a Reimbursement Resolution, (2) an issuance fee due upon bond closing, and (3) an annual fee due in advance to cover costs of monitoring compliance with State and federal law requirements as contained in a Regulatory Agreement. The annual fees may be negotiated, however the standard fee is 1/8 of 1 percent (or 0.125 percent) of the principal amount of bonds outstanding. Annual fees are charged for the full term of the Regulatory Agreement, generally 55 years. At the County’s discretion, annual fees above a $5,000 minimum may be subordinated to payment of debt service. The County fees are summarized in the table below: 3 Issuer Fee Schedule Application (1) Issuance Fee Annual Fee (2) Rate (3) 0.125% Rate (3) 0.125% $2,500 Minimum $5,000 Minimum $5,000 Maximum $75,000 Maximum $25,000 (1) Payable upon request of a Reimbursement Resolution. Amount is applied to Issuance Fee at closing. DCD may waive this requirement in its sole discretion. (2) Amounts above the minimum may be subordinated to bond debt service, at the County’s option. (3) Percentage applied to the initial bond issuance amount. IV. TYPES OF BONDS The County may issue either tax-exempt or taxable bonds. Taxable bonds would generally be issued in combination with tax-exempt bonds. Tax-Exempt Private Activity Bonds (non- refunding) require an allocation of bond authority from CDLAC. To obtain the allocation the County must submit an application to CDLAC on behalf of the developer (Project Sponsor). Submittal of the application is at the discretion of the County, not the Project Sponsor. The Project Sponsor must pay all required CDLAC fees when due. The interest on taxable bonds is not exempt from federal taxation. These bonds are not subject to federal volume “cap” limitations and therefore do not require allocation authority from CDLAC. Taxable bonds can be used in combination with low-income housing tax credits awarded by the Tax Credit Allocation Committee. Taxable bond issues must meet all applicable requirements of this Policy (including rating requirements) and any additional regulations that may be promulgated, from time to time, by the County or as set forth in the County Policy. The County may issue 501(c)(3) bonds on behalf of qualified nonprofit organizations. 501 (c)(3) bonds are tax-exempt and do not require an allocation from CDLAC, but cannot be used with the LIHTC Program. Refunding Bonds will be allowed if the issuance meets the following conditions: 1. The Project Sponsor agrees to cover all costs of the issuer. 2. Projects originally financed by tax-exempt bonds prior to the 1986 Tax Act will have to make a minimum 10 percent of the units affordable to persons earning 50 percent of the median area income with the rents affordable at the same level. 3. The affordability restrictions of the existing bond regulatory agreement are subject to extension and/or additional restrictions. All specifics of refunding proposals must be approved by the County. 4. Default refunding applications require a default refunding analysis (to determine the eligibility for a default refunding). The County shall choose the firm to conduct the analysis. The Project Sponsor will deposit the cost for the study with the County before the study begins. 4 V. AFFORDABILITY REQUIREMENTS A. Term The project must remain as rental housing and continuously meet the affordability requirements for at least 55 years from the date of 50 percent occupancy of the project (the “Qualified Project Period” or “QPP”). At the conclusion of the regulatory period, rent of “in-place” tenants will continue to be governed by the applicable affordability restriction, so long as those tenants continue to live in the development. B. Income Restrictions To be eligible for tax-exempt bond financing, federal and State law require that the project meet one of the following conditions: 1. A minimum of 20 percent of the units in the project must be set aside for occupancy by households whose income does not exceed 50 percent of area median income, as adjusted for family size; or 2. A minimum of 10 percent of the units in the project must be set aside for occupancy by households whose incomes do not exceed 50 percent of area median income, as adjusted for family size AND an additional 40 percent of the units in the project must be set aside for occupancy by households whose incomes do not exceed 60 percent of area median income, as adjusted for family size. Project owners must certify their tenant’s eligibility annually. If at the annual certification it is found that a tenant’s income exceeds 140 percent of the current income limit, the owner must rent the next available unit of comparable size to a new income eligible tenant. The owner may raise the current tenant’s rent to market rent only upon renting the next available unit to a new low-income or very low-income household, as applicable. A unit occupied only by full time students does not count towards the set-aside requirement. C. Rent Restrictions The maximum rents for all the affordable units are equal to 30 percent of the applicable monthly maximum income level, assuming one person in a studio, two persons in a one-bedroom, three persons in a two-bedroom and four persons in a three-bedroom unit. These assumptions differ for projects using LIHTC. In the event that both are used, the more restrictive rents apply. (If applicable, the County may use TCAC rents pursuant to AB 1714.) The maximum rents are further reduced by the amount of the utility allowance applicable to those units, based on unit size. Utility allowances are set by the Housing Authority of the County of Contra Costa (HACCC) and are based solely upon the utilities paid by the tenant. The utility allowance does not include phone, cable or internet connections. The set-aside units must proportionately reflect the mix of all units in the project, be distributed throughout the project, and have the same floor area, amenities, and access to project facilities as market-rate units. D. Regulatory Agreement The rental and affordability unit requirements will be contained in a regulatory agreement that is recorded against the property and must be complied with by 5 subsequent buyers for the minimum rental period. The requirements are terminated at the later of the end of the minimum rental period and repayment in full of the bonds or in the event of total casualty loss or foreclosure. VI. FINANCING TEAM Bond counsel and a municipal advisor, if applicable, specifically represent the interests and concerns of the County in ensuring the integrity of the bond transaction. The Project Sponsor may, at its own expense, add additional members to the finance team to represent its interests. A. Municipal Advisor If deemed necessary, the Municipal Advisor will be designated by DCD. They will prepare a feasibility study of whether it is economically advisable to proceed with the financing, including: evaluations of the financial strength of the project; assumptions regarding income and expenses; sources of security for bonds in addition to the project; Project Sponsors financial situation and experience in operating and managing rental projects; marketability of the bonds; rights and resources of parties to the transaction in the event of default; and provide financial advice on all relevant issues to best protect the interests of the County. The compensation for municipal advisory services to determine whether it is advisable to proceed with a financing will not be contingent on the sale of the bonds. B. Bond Counsel Bond counsel will be designated for each financing by the County Board of Supervisors. Bond counsel will prepare the necessary legal documentation, including provisions regarding compliance with any applicable continuing disclosure requirements, provide an opinion regarding the validity of the bonds and their tax exemption, and provide legal advice on all relevant issues to best protect the interests of the County. (See also Section IV.B, Financing Team in the County Policy.) C. Additional Parties The Bond Underwriter, Remarketing Agent, Private Placement Purchaser, Disclosure Counsel, if any, and Bond Trustee, if required, will be selected by the County in consultation with the project sponsor. The fees for such services will be paid solely out of bond proceeds or otherwise by the project sponsor. VII. THE FINANCING PROCESS A. Request for Financing (New or Refunding) – A letter of request must be sent to the DCD to review for consistency with County and CDLAC policy. The letter and accompanying information must state the desire to use the County’s Multifamily Mortgage Revenue Bond Program. The letter should include: 1. Name of Development Project, 2. Name of Project Sponsor, including the Project Sponsor’s experience with multifamily housing development 3. Location by street address and assessor’s parcel number (if known); 4. Estimated number units, 5. Estimated development costs including land (bonds to be issued cannot exceed this amount), 6 6. Exact legal name of the ownership entity at the time of bond closing (e.g. name of individual, partnership, corporation, etc., 7. If different, name of the operating entity at the time of bond closing, 8. Proposed management company with a statement of experience in managing income restricted housing, 9. Non-refundable application fee of $2,500 to cover the administrative costs of reviewing the project feasibility, Inducement and TEFRA Hearing processes. B. Board of Supervisor Approval of Reimbursement Resolution – The Reimbursement Resolution is a conditional statement of intent on the part of the County to provide tax-exempt financing for the project. The Resolution is non-binding, however it authorizes the submittal of the application to CDLAC by the County and it sets the date (which is 60-days earlier than the Reimbursement Date) from which costs related to the project are eligible for financing. C. Public Hearing/Section 147(f) Resolution (“TEFRA”) – Tax law requires that a public hearing be held to take comment on the nature of and location of the facility proposed to be financed with private activity bonds (Multifamily Mortgage Revenue Bonds included). The hearing must be noticed in a local newspaper of general circulation at least 14 days prior to the hearing. The legislative body then adopts a resolution approving the issuance of bonds pursuant to Section 147(f) of the Tax Code after the hearing is held. This is not the final approval of the bond issuance. The DCD holds the hearing administratively and the Board of Supervisors approves the Section 147(f) Resolution at a subsequent Board meeting. DCD may opt to schedule the required public hearing with the Board of Supervisors. D. Securement of CDLAC Allocation –CDLAC allocation of private activity bond authority is subject to an application process. The application must be submitted to the County for review and comment at least 10 days prior to the CDLAC deadline. The final application must include the current application fee for CDLAC and a performance deposit in the amount of 0.5 percent of the requested allocation amount to be held by the County. The deposit is returned according to CDLAC procedures, but is subject to reversion to CDLAC if the financing does not close according to their procedures. The CDLAC process includes approximately 60 days for review of applications prior to allocation. E. Bond Sale Resolution – When an allocation is received the County and financing parties have 90 days in which to complete the financing and sell and close on the issuance of the bonds. All real estate, lender and bond documents are completed. The Board of Supervisors must approve a Bond Sale Resolution, typically 30 days in advance of the proposed bond closing. VIII. BOND SALE MODES/ISSUING CRITERIA Under its tax exempt financing program the County, as a conduit issuer, facilitates loans secured by a first deed of trust. A fundamental requirement for financings is that the project have loan underwriting and credit enhancement from a third party institution that bears the 7 ultimate risk and responsibility of the loan. The County may consider unrated bonds on a case-by-case basis. Subordinate financing from other federal, state, or local agencies may be integrated into a plan of finance for the project. Early consultation with County staff is encouraged. Any bonds issued under the program that are sold to the public should generally be rated “A”, or its equivalent, or better from a nationally recognized rating agency. The same rating requirement applies in the case of a substitution of existing credit facility for bonds that are outstanding. A preferred way of obtaining the required rating on the bonds is through the provision of additional, outside credit support for the bond issue provided by rated, financially strong private institutions, such as bond insurance companies; domestic and foreign banks and insurance companies; FHA mortgage insurance or co-insurance, etc. The rating on the bonds is based on the credit worthiness of the participating credit enhancement provider. The applicant is required to identify and obtain credit enhancement for each bond issuance. As the primary source of security for the repayment of bonds, the credit enhancement provider reviews and approves the borrower and the project and its feasibility, including the size of the loan and the terms of repayment using their own underwriting criteria. Fixed rate bonds, or their portion, can be issued without credit enhancement if the proposed financing structure results in the required minimum rating on the bonds by a nationally recognized rating agency. Bonds issued without credit enhancement will be sold to institutional investors in minimum $100,000 denominations. Private Placement Bonds Private Placement Bonds are allowed under the following conditions: • The bonds are privately placed with “qualified institutional buyers” under Rule 144A of the Securities Act of 1933, or “accredited investors,” as generally defined under Regulation D of the Securities Act of 1933. • The bonds must be sold in minimum $100,000 denominations. • All initial and subsequent purchasers must be willing to sign a sophisticated investor letter in a form approved by the County. While the bonds remain unrated, their transferability will be restricted to qualified institutional buyers or accredited invested who sign an Investor Letter. • The County may limit the number of investors. • The owner must indemnify the County against any costs incurred by the County, including any lawsuit initiated by the bondholder or any other party, regardless of whether the developer is negligent, and if requested by the County, post a surety bond guaranteeing the same. IX. OTHER Underwriter criteria: See Section V. Method of Sale in the County Policy for underwriter selection criteria. X. OTHER ISSUERS Projects financed with subordinate financing from the County (CDBG, HOME, etc.) will be financed by bonds issued by the County. The County may consent to the use of statewide 8 issuers for private activity bonds (including 501c3 bonds) to finance projects located within the unincorporated County when such projects are part of a common plan of finance with one or more projects located within the County. DCD may waive the limitations on the use of statewide issuers. XII POST-ISSUANCE See County Policy, Post-issuance Tax Compliance Procedures (Appendix 2) and Continuing Disclosure Procedures (Appendix 3). The following policies and procedures are in addition to those procedures and are specific to multifamily mortgage revenue bond issues. Project sponsors are also required to maintain compliance with the CDLAC resolution associated with each bond issuance. A. Change of Ownership The County reserves the right to approve any voluntary change in ownership (i) that results in a transfer of 50% or more of the total equity interests in a developer or (ii) that results in a transfer of any general partner or managing member interest in the developer. Such approval to transfer ownership shall be at the discretion of the County. Transfers made by a limited partner tax credit investor to its affiliates may, at the County’s discretion, be exempted from this requirement. The County shall review proposed owner management practices on current and previously owned properties, inspections, financial statements and credit histories. B. Compliance Post-issuance compliance activities are carried out by DCD staff, including its Redevelopment Housing Specialist, under the supervision of the County’s Assistant Deputy Director. The County currently has a license agreement with Compliance Services for its FOCUS program. Project Sponsors access information and submit reports through FOCUS at http://www.housingcompliance.org/ . (The County reserves the right to change vendors at any time.) 1. Issuance Report: Following bond issuance, Bond Counsel submits the Report of Final Sale pursuant to CDIAC regulations. 2. Qualified Project Period: The QPP begins when the development has achieved 50 percent occupancy. Project Sponsor of new construction project are required to submit a recorded Certificate of Commencement of Qualified Project Period. For acquisition/rehabilitation projects which are at least 50 percent occupied at issuance, the QPP begins upon bond issuance. 3. Quarterly Reports: Upon commencement of the QPP, reports are due 15 days following the end of each quarter based on a calendar year using the form embedded in FOCUS. 4. Annual Reports: Annual reports using the CDLAC Self-Certification Compliance forms are due to the County 45 days prior to the CDLAC report deadline. The County submits its comprehensive reports on all developments prior to the CDLAC deadline. 5. Compliance Verification: a. Rent and income limits are calculated annually and are available to the Project Sponsors through FOCUS. The HACCC utility allowance schedule is uploaded in FOCUS. The Project Sponsors supplies the tenant-paid utilities to the County and to FOCUS. The FOCUS program 9 automatically compares the project rent and income information with the current limits and flags any non-compliance issues. b. Service amenities are included in the CDLAC resolution and are verified by County staff at project completion, through annual reports, and during periodic site visits. c. Site visits are conducted at least once every three years during the compliance period. Staff reviews tenant files to confirm rent and incomes are appropriate and consistent with the on-line reports. Staff also confirms that amenities included in the CDLAC resolution are being provided. Any findings or discrepancies are included in the annual compliance report submitted by the County to CDLAC. d. Non-compliance is reported to CDLAC with the annual reports. The report will include the nature of the non-compliance and County staff’s efforts to remedy the non-compliance. The County requires Regulatory Agreement for each development to include causes of default and enforcement actions. 6. Record Retention: The CDLAC application, County resolutions (TEFRA, reimbursement, and intent to issue), the bond legal documents, and compliance reports are retained for five years following the later of bond defeasance or expiration of the regulatory agreement. 7. Site-based Record Retention: Tenant income certification information for all initial tenants is retained for five years following the later of bond defeasance or expiration of the regulatory agreement. Tenant files for future tenants a retained for five years following tenant move-out. APPENDIX 6 Contra Costa County Debt Management Policies For Successor Agency to the former Contra Costa County Redevelopment Agency This Appendix 6 provides specific policies and procedures for tax allocation bond (TAB) issues, which are in addition to those established by the County in the Contra Costa County, California Debt Management Policy (County Policy). The TABs are administered by the County’s Department of Conservation and Development (DCD). I. Purpose The purpose of this Successor Agency to the former Redevelopment Agency of Contra Costa County (“Agency”) Debt Management Policy is to organize and formalize the Agency’s debt-related policies and practices and establish a framework for administering and potentially refinancing the Agency's debt. The primary objectives of the policy are to: • Promote sound financial management • Assist the Agency in evaluating debt refinancing options • Ensure full and timely repayment of debt • Maintain full and complete financial disclosure and good investor relations • Ensure compliance with applicable state and federal laws II. Responsibility/Approval Process The Director of the Department of Conservation and Development, or designee, shall be responsible for managing and coordinating all activities related to the administration and potential refinancing of the Agency’s debt, including investment of bond proceeds, compliance with bond covenants, continuing disclosure, and arbitrage compliance. III. Debt Issuance Refinancing The Agency may refinance all or a portion of an outstanding debt issue when such refinancing enables the Agency to realize significant debt service savings or other policy goals. In general, refinancing that produces a net present value savings of at least three percent of the refinanced debt, without extending the term of the refinanced debt, will be considered economically viable. Refinancing that produce a net present value savings of less than three percent will be considered on a case-by-case basis if there is a compelling public policy objective that is accomplished by retiring the debt. For example, the Agency may pursue a non-economic refinancing to eliminate undesirable legal covenants in outstanding bond documents, to restructure the debt service profile, or to change the tax status of the debt. IV. Debt Structure Debt Service Reserve Fund The Agency may finance a debt service reserve fund from bond proceeds or other funds, consistent with federal tax law, to enhance the marketability of the bonds and/or to satisfy requirements of outstanding debt covenants. The Agency may purchase a reserve fund equivalent (such as a reserve fund surety) when such purchase is considered to be advantageous to the economics of the debt issuance. Bond Insurance The Agency may purchase bond insurance (or secure a letter of credit) for any proposed financing if the economic benefit of the insurance realized through lower interest costs exceeds the cost of the insurance. The Director of the Department of Conservation and Development, or designee will solicit quotes from providers, and shall have the authority to select a provider whose bid is most cost effective, and whose terms and conditions are satisfactory to the County. Call Provisions In general the bonds will include a call feature that is no longer than 10 years from the date of delivery of the bonds. The Agency will seek to avoid the sale of non-callable bonds absent careful evaluation by the Agency of the value of the call option. Original Issue Discount An original issue discount will be permitted only if the Agency determines that such discount results in a lower true interest cost on the bonds and that the use will not adversely affect the projects to be financed. Interest Rate Mode The Agency shall use only fixed-rate debt to refinance its bonds. VI. Financing Team Bond counsel and a municipal advisor, if applicable, specifically represent the interests and concerns of the Agency in ensuring the integrity of the bond transaction. A. Municipal Advisor If deemed necessary, the Municipal Advisor will be designated by DCD. They will prepare a feasibility study of whether it is economically advisable to proceed with the financing, including: evaluations of the financial strength of the project; assumptions regarding income and expenses; sources of security for bonds in addition to the project. The compensation for municipal advisory services to determine whether it is advisable to proceed with a financing will not be contingent on the sale of the bonds. B. Bond Counsel Bond counsel will be designated for each financing by the County Board of Supervisors. Bond counsel will prepare the necessary legal documentation, including provisions regarding compliance with any applicable continuing disclosure requirements, provide an opinion regarding the validity of the bonds and their tax exemption, and provide legal advice on all relevant issues to best protect the interests of the Agency. C. Additional Parties The Bond Underwriter, Remarketing Agent, Private Placement Purchaser, Disclosure Counsel, if any, and Bond Trustee, if required, will be selected by the Agency in consultation with the municipal advisor. The fees for such services will be paid solely out of bond proceeds or otherwise by the project sponsor. (See also Section IV.B. – Financing Team in the County Policy) VII. Method of Sale The Agency may select a method of sale that is most appropriate for a particular financing or debt program in light of the financial, market, transaction-specific, and Agency-related conditions. The Director of the Department of Conservation and Development, or designee shall be responsible for determining the appropriate manner in which to offer any securities to investors, and may consider negotiated sale, competitive bid or private placement, as appropriate. The Agency’s bonds have traditionally been sold via negotiated sale. This has been reflective of a complex structure which has required significant up-front work by the bond underwriter, and a strong pre-marketing effort at sale. The Agency may elect to privately place its debt if it is demonstrated to result in a cost savings to the Agency relative to other methods of debt issuance. VIII. Debt Administration Investment of Bond Proceeds Investments of bond proceeds shall be consistent with federal tax requirements, the County’s adopted Investment Policy as modified from time to time, and with requirements contained in the governing bond documents. Continuing Disclosure The Agency is committed to full and complete primary and secondary market financial disclosure in accordance with disclosure requirements established by the Securities and Exchange Commission and Municipal Securities Rulemaking Board, as may be amended from time to time. The Agency is also committed to cooperating fully with rating agencies, institutional and individual investors, other levels of government, and the general public to share clear, timely, and accurate financial information. Arbitrage Compliance The Agency shall maintain a system of record keeping and reporting to meet the arbitrage compliance requirements of federal tax law or procure an outside contractor for such service. RECOMMENDATION(S): ACCEPT quarterly report of the Post Retirement Health Benefits Trust Agreement Advisory Body. FISCAL IMPACT: No specific fiscal impact. This is a quarterly report of the County's assets in the Public Agency Retirement Services (PARS) Public Agencies Post-Retirement Health Care Plan Trust. BACKGROUND: On December 14, 2010, the Board of Supervisors directed the formation of a Post Retirement Health Benefits Trust Agreement Advisory Body (consisting of the County Administrator, County Finance Director, Treasurer-Tax Collector, Auditor-Controller, and Health Services Finance Director). APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Robert Campbell, Auditor-Controller, Russell Watts, Treasurer-Tax Collector, Patrick Godley, HSD Chief Financial Officer C. 88 To:Board of Supervisors From:David Twa, County Administrator Date:February 26, 2019 Contra Costa County Subject:Quarterly Report of the Post Retirement Health Benefits Trust Agreement Advisory Body BACKGROUND: (CONT'D) > At its meeting of August 4, 2011, the body discussed and reviewed final report formats with HighMark Capital Management and made recommendations regarding a final standardized quarterly report. The attached report is in the standardized format. The following is the investment summary for the period ending December 31 , 2018: Investment Summary Fourth Quarter 2018 Beginning Value $275,858,092.90 Net Contributions/Withdrawals 4,992,580.98 Fees Deducted -48,392.18 Income Received 5,833,237.10 Market Appreciation -26,299,750.76 Net Change in Accrued Income -108,980.30 Ending Market Value $260,226,787.74 Additional Materials - A Post Retirement Health Benefits Trust Agreement Advisory Body web-page can be found at the following address: http://ca-contracostacounty.civicplus.com/index.aspx?NID=2915. The page describes the function of the body, posts quarterly meeting materials, and all pertinent trust and plan documents. ATTACHMENTS Quarterly Report (Q4, 2018) PARS: County of Contra Costa Fourth Quarter 2018 Presented by Andrew Brown, CFA This presentation has been prepared for the sole use of the intended recipient.While the information contained herein has been obtained from sources believed to be accurate and reliable,any other reproduction or use of this information may necessitate further disclosures in order to ensure that the presentation is accurate,balanced,and conforms to all applicable regulatory requirements. DISCUSSION HIGHLIGHTS U.S.Economic and Market Overview In contrast to 2017’s ultra-low volatility market environment, the pendulum swung in the other direction entering 2018 from a steady freight train of returns into a roller coaster. Only a few weeks into 2018, escalating concerns over rising inflation expectations disrupted the tranquility investors enjoyed throughout the prior year. Leading up to the first equity market correction in late January 2018, the S&P 500 Index h ad not experienced a drop of more the 1% for a record 112 trading days. Worries about inflation faded through the second and third quarters as domestic business and consumer optimism soared. The domestic equity market rallied over the summer on a fragile foundation of sanguine expectations that government policy (both trade and monetary)would not interfere with the economic mojo set in motion by a massive corporate and personal tax cut. Early in the fourth quarter major cracks started to appear in this foundation as investor confidence was shaken by recently appointed Federal Reserve (“Fed”) Chairman Jay Powell when he declared during an interview that interest rates were “a long way from neutral.” The hawkish tone did not sit well with investors and the equity market slide began. Fearing the world’s largest central bank no longer had the stock market’s back, the S&P 500 Index would mark an all-time high close of 2930 on September 20th and, over the course of the quarter, fall to within a hair of an official bear market (a decline of 20% from a peak) before r allying after Christmas. The ups and downs throughout the year netted a -4.4% annual return for the index including dividends –the benchmark’s first calendar year loss since 2008. In a traditional flight to safety trade, Treasury bonds rallied and credit spreads widened. Chairman Powell, perhaps recognizing the gravity of his comments and the potential for financial market volatility to spill over into the real economy, attempted to backtrack in a speech to the Economic Club of New York, saying that “[interest rates] remain just below the broad range of estimates of the level that would be neutral for the economy.” Increasing monetary policy uncertainty was only one punch in the combination that investors endured in the final quarter of the year. The cloud of a trade war also weighed heavily on sentiment with daily headlines creating large market swings in both directions. Of course , one of the very last statements market participants wanted to see following what appeared to be a productive G20 summit in early December was a provocative President Trump tweet “…I am a Tariff Man.” Yet that is exactly what occurred, keeping the equity market on its heels leading up to the Federal Open Market Committee’s (FOMC) final meeting of the year. 3 PARS: County of Contra Costa Confronted with an equity market approaching bear market territory, the Fed pressed on with its fourth Fed Funds rate increase of the year and its ninth since moving off the zero bound in December 2015. Further compounding investor concerns, the Fed continued to forecast the need for future hikes –a policy path the market clearly felt was missing signs that the global economy was softening. Despite Chairman Powell’s attempts to qualify that these projections were subject to “data dependence” and “highly uncertain,” it did not stop market anxiety from deepening. In an unusual move, the President broke with protocol and openly criticized the Fed Chairman by declaring that monetary policy was the “only problem” with the economy. Amid swirling policy uncertainty, global financial markets enter 2019 with a growing wall of worry that has the potential to keep volatility elevated for the foreseeable future. The good news is that policy is controllable and correctable. The big question for the New Year is how quickly a course correction can be taken before more permanent damage is done. Market overview/Performance Discussion Total Plan The County of Contra Costa OPEB Plan returned -7.40%net of investment fees in the fourth quarter,which lagged the Plan Benchmark return of -7.04%.What can you say when the best performing equity segment for the quarter came from REITs,which declined only by -6.15%?It was a difficult quarter to say the least.The majority of the Plan’s equity segments outperformed their benchmark targets,however for the fourth quarter, this merely translated into losing less than the benchmark.There is little solace or exuberance when the Plan’s small cap stocks decline -19.89% compared to the Russell 2000 Index return of -20.2%.Alternatives outperformed their Plan target,but still posted a negative return of -1.11% for the quarter.One positive sign to note,in the month of December when equity markets were significantly down,all three of the alternative managers posted a positive return.One of the expectations from the alternative segment is that in times of significant turbulence,alternatives might provide ‘crisis alpha’.Rarely do we highlight one month of returns,as it does not lend itself to drawing any type of a trend,but it was a welcome sign after the last few quarters.Fixed income was the highest returning segment for the quarter,returning 1.38%relative to the Bloomberg Barclays US Aggregate Index target of 1.64%.Both the internally managed core fixed income portfolio,and our outside fixed income money managers (Pimco,and Prudential)maintained and overweight allocation to corporate bonds,which were under pressure during this risk off period. 4 PARS: County of Contra Costa Domestic Equity The market as measured by the S&P 500 delivered the second largest decline since the fourth quarter of 2008 falling -13.5%.Most US economic data remained solid for the quarter.Domestic Purchasing Managers’Index (PMI)Data was comfortably above the neutral 50 mark.Initial Jobless Claims held steady.The change in Average Hourly Earnings was noteworthy,accelerating from 2.8%to 3.2%.There were some areas of weakness though.Housing continued to soften,retail sales slowed,and credit conditions tightened modestly.Overall,the economic backdrop was supportive.Rather than focusing on the positive elements of the economy,investors instead focused on the Fed’s continued tightening bias, the US/China trade conflict,and the government shutdown as chief concerns that might impact future growth and put an end to the bull market. The market succumbed to these concerns and brushed up against bear market territory with a decline of nearly 20%from September’s peak. The fundamental data for the market decline was evidenced by the reduced S&P 500 2019 earnings growth expectations.In October of 2018, analysts expected 2019 S&P 500 earnings to grow about 9.5%.Steady revisions lower over the last three months have reduced expected 2019 earnings growth to the low-6%range as of the end of January.Compared to the reduced earnings estimates,the market overshot to the downside.As a result,the market decline served up cheaper valuations.The S&P 500 price-to-earnings multiple (P/E)sits at 15.4x,right at its long-term average.Highlighting the divergence in asset classes,the P/E of small cap value (as measured by the Russell 2000 Value index)is now 20%below the medium and is near its 10-year low! From an asset class style perspective,value finally outperformed growth after seven consecutive quarters of growth outperformance.Small cap stocks (Russell 2000 Index)led the decline falling over -20%.The sectors that outperformed were utilities up 1.4%and consumer staples down only -5.2%.Energy and information technology declined the most at -17.3%and -23.8%respectively.In short,the market sold risk and bought safety during the quarter. Our equity market outlook remains unchanged.In our view,recent market turbulence reflects more of a market event than an economic event;in other words,a correction without a recession.We have been more conservative than consensus views regarding domestic economic growth, earnings power,and potential market returns largely because equity markets were underappreciating the trade conflict,tightening monetary policy,and increased political uncertainty.Positive returns are possible going forward but potential headwinds from higher rates and slower growth will dampen the upside potential. 5 PARS: County of Contra Costa •The Plan’s large cap equity segment returned -14.11%in the quarter,which trailed the Russell 1000 Index return of -13.82%. •The iShares Russell 1000 ETF -13.82%in the quarter. •The Columbia Contrarian Core Fund returned -14.78%in the quarter,which lagged the benchmark.The Fund ranked in the 77th percentile of the Morningstar Large Cap Blend Universe. •The Harbor Capital Appreciation Fund returned -16.39%in the quarter,which lagged the Russell 1000 Growth Index’s return of -15.89%.The Fund ranked in the 69th percentile of the Morningstar Large Cap Growth Universe. •The T.Rowe Price Growth Stock Fund returned -14.1%in the quarter,which exceeded the Russell 1000 Growth Index.The Fund ranked in the 25th percentile of the Morningstar Large Cap Growth Universe. •The Dodge and Cox Stock Fund returned -13.57%in the quarter which trailed the Russell 1000 Value Index’s return of -11.72%.The Fund ranked in the 64th percentile of the Morningstar Large Cap Value Universe. •The Vanguard Growth and Income Fund registered a -14.22%return in the quarter,which lagged the Russell 1000 Index.The Fund ranked in the 65th percentile of the Morningstar Large Cap Blend Universe. •The mid cap equity segment returned -15.11%in the quarter,which slightly exceeded the Russell Mid Cap Index return of -15.37%. •The iShares Russell Mid Cap ETF returned -15.33%in the fourth quarter. •The small cap equity segment returned -19.89%in the quarter,which slightly exceeded the Russell 2000 Index return of -20.20%. •The iShares Russell 2000 ETF returned -20.21%in the fourth quarter. •The T.Rowe Price New Horizons Fund returned -17.01%in the quarter,and outperformed the Russell 2000 Growth Index return of -21.65%.The Fund ranked in the 47th percentile of Morningstar’s Small Cap Growth Universe. •The Undiscovered Managers Behavioral Value Fund returned -20.42%in the quarter,and lagged the Russell 2000 Value Index’s return of -18.67%.The Fund ranked in the 68th percentile of Morningstar’s Small Cap Value Universe. 6 PARS: County of Contra Costa Real Estate With the Dow Jones Wilshire REIT Index returning -6.93%for the quarter,REITs had the dubious distinction of being the strongest returning equity segment within the Plan for the fourth quarter.Only two sub-industries within the index registered positive returns in the quarter: healthcare (+3.34%)and self-storage (+2.09%).Large declining sub-industries included lodging and leisure (-20%),data centers (-13.31%), office (-11.97%),and shopping centers (-9.30%).A -6.93%return is far from providing immunity to the Plan in a volatile quarter,but the relative outperformance likely stems from both the ‘hard asset”nature of REITs and strong cash flow dynamics of the sector.Employment data,gains in corporate earnings,and GDP growth,all have been supportive to REIT fundamentals. The Vanguard REIT ETF returned -6.46%which ranked in the 34th percentile. International/Global Equity International equity markets were also lower for the quarter.Developed international markets declined slightly less than the Russell 1000,with the MSCI-EAFE Index returning -12.54%,and emerging markets performed relatively better,declining “only”-7.47%.The end of quantitative easing in Europe was a factor for the declines.But the dominant theme for international weakness was the China trade conflict.China had already begun slowing with expected GDP growth for the fourth quarter decelerating to 6.4%,and for 2020,expectations were calling for a decline to 6%growth.Concerned about the slowdown,China announced a number of fiscal and monetary policy stimulus measures,including tax cuts and a mandate for banks to lend to small businesses. As the world’s second largest economy and a major source of global demand,China’s slowdown is by no means isolated to its economy.Ripple effects are being felt throughout the global economy.During a European Central Bank (ECB)press conference announcing the end of Quantitative Easing (QE)in Europe,President Mario Draghi warned “…the balance of risks is moving to the downside owing to the persistence of uncertainties related to geopolitical factors,the threat of protectionism,vulnerabilities in emerging markets and financial market volatility remain prominent.”(In case you missed it,he basically said “trade war”four separate ways.)The ECB’s plan to gently slow growth by ending QE turned into a hard brake with the trade war being added to the mix. Currently,the U.S.is applying tariffs on $253 billion of Chinese-made goods,or roughly half of total imports from China.Trump and Xi at the G20 summit in December yielded a cease-fire allowing additional time for negotiation.The tariffs on an additional $257 billion of Chinese imports the administration planned to raise were delayed by 60 days.The truce will end March 1 when the final round of tariffs will go into effect if a deal is not reached.The ongoing trade dispute between the world’s two largest economies has remained the focal point of global financial markets. Timing of the tariff implementations have coincided almost perfectly with the deterioration in the Purchasing Manger Indices (PMI’s)data over the past six months with the most recent December reading for China now in contraction territory.Optimism for a deal has increased as the slowdown has brought both parties to the negotiating table. 7 PARS: County of Contra Costa In the international developed markets,all major markets were lower with Japan (-16.91%),Germany (-13.78%),and France (-13.56%) representing the largest declines.The outperformers were Switzerland and Spain,both lower by slightly less than -8%.Emerging markets fared similarly,with the more trade sensitive markets suffering the most with declines in Mexico (-15.38%),Taiwan (-13.09%),Korea (-12.70%),and China (-11.64%).A regime change in Brazil brought out-sized gains for the quarter (+10.77%),and Indonesia rebounded with the prospect of stimulus (+3.94%). •The Plan’s international/global equity segment returned -12.28%in the quarter.This return outperformed the MSCI EAFE Index -12.54%and the MSCI ACWI Index return of -12.75%. •The iShares MSCI EAFE Index ETF returned -12.59%in the quarter. •The Dodge &Cox International Stock Fund returned -12.39%in the quarter and slightly outperformed the MSCI EAFE Index.The Fund ranked in the 43rd percentile of the Foreign Large Blend Universe as measured by Morningstar. •The MFS International Fund returned -11.74%in the quarter and outperformed the MSCI EAFE Index.The Fund ranked in the 19th percentile for foreign large cap growth managers as measured by Morningstar. •The iShares MSCI ACWI Index ETF returned -12.73%in the quarter. •The American Funds New Perspective Fund recorded a -13.15%return in the quarter,which underperformed the MSCI ACWI Index and ranked in the 50th percentile within the Morningstar World Stock Universe •The MFS Global Equity R6 Fund returned -13.30%,which underperformed the benchmark and ranked in the 53rd percentile of the Morningstar World Stock Universe. •The Hartford Schroders Emerging Market Equity Fund returned -8.85%during the quarter and underperformed the MSCI Emerging Market benchmark return of -7.47%.The Fund ranked in the 74th percentile of the Morningstar Emerging Market Universe. •The DFA Large Cap International Fund returned -13.29%in the quarter.We initiated a position in this new manager in the last week of the quarter. Fixed Income As expected, the Federal Reserve raised the funds rate once again in December, to a range of 2¼% to 2½%, the ninth quarter-point increase since the Fed began tightening three years ago. However, by the time of the FOMC meeting in mid-December, treasury yields had fallen more than 40 basis points from their peak as slower global growth and persistently low inflation led investors to believe that the Fed was nearing the end of their tightening campaign. The Fed’s insistence on continuing to raise rates contributed to growing fears that the Fed was about to make a mistake by tightening too much and causing a recession. The result was a nearly 20% decline in the S&P 500, and a furious Tr easury bond rally that took the ten-year Treasury yield from 3¼% to 2½% during the fourth quarter. Although it was a difficult year for investors as most asset classes experienced negative returns, the Bloomberg Barclays U.S. Aggregate Index gained 1.6% for the quarter, and a barely positive 0.01% return for the year. 8 PARS: County of Contra Costa Fixed Income (Cont.) U.S. Treasury securities were one of the few asset classes with positive returns this year, gaining 2.6% for the quarter and 0.9% for the year, despite four hikes in the fed funds rate. Investment-grade corporate bonds, on the other hand, were quite volatile during the year, underperforming comparable duration Treasuries in three of the four quarters, resulting in the worst relative annual performance since 2011, when fears of a break-up of the euro zone drove Greek bond yields above 20%. Lower quality bonds outperformed for much of the year, but that quickly reversed during the fourth quarter as lower quality issues significantly underperformed. High yield bonds, for example,finished the third quarter +327 basis points ahead of similar duration Treasuries, but finished the year –358 basis points behind, a massive shift of nearly –700 basis points in only three months. High yield bonds, for example, finished the third quarter +327 basis points ahead of similar duration Treasuries, but finished the year –358 basis points behind, a massive shift of nearly –700 basis points in only three months. While there was no European debt crisis this year,clearly something caused investors to suddenly avoid risk in the fourth quarter.It seems unlikely that the concern is due to the current state of the economy,as unemployment is near the lowest in 50 years,consumer and business confidence is high,while corporate earnings are expected to be nearly 20%higher for the year.The sudden risk aversion is more likely a result of rising rates combined with much higher debt levels.Investment-grade corporate debt has grown from $2.3 trillion to $6.4 trillion in the last ten years,while total corporate debt is at an all-time high of 46%of GDP.In addition,U.S.Treasury debt has exploded from $5.8 trillion in 2008 to $15.8 trillion today,equating to 76%of GDP this year,and an expected 100%of GDP in a little over ten years,as the debt continues to grow. Projected federal budget deficits of $1 trillion are adding significantly to the demand for funds,while the fed continues to reduce their securities portfolio at a $600 billion annual pace.A highly levered economy is more sensitive to both slower growth and higher rates since elevated debt levels result in an ever growing proportion of income going to debt service.Investors are therefore understandably nervous over the Fed’s plans for tighter monetary policy and/or any signs of slower growth. This sudden aversion to risk was the primary reason the Plan’s fixed income portfolio underperformed this quarter.The portfolio was overweight corporate bonds during a quarter in which investment-grade corporates lagged Treasuries by -308 basis points,the worst performance since the third quarter of 2011.At the end of the third quarter,year-to-date investment-grade corporate bond returns were nearly the same as Treasuries, but the severe underperformance during the fourth quarter caused corporate bonds to finish the year –315 basis points behind Treasuries. Usually such sudden and dramatic underperformance is a result of some event or crisis,or the onset of a recession,but there was nothing particularly alarming to point to this time.The Plan’s duration was shorter than the benchmark,which was a positive for the first three quarters of the year,however the aversion to risk during the fourth quarter drove Treasury yields about 40 basis points lower,causing a slight underperformance.Somewhat offsetting the negative impact of a shorter duration was the focus on the intermediate part of the curve where rates declined even more than for longer maturities. 9 PARS: County of Contra Costa •The Plan’s fixed income segment returned 1.38%in the quarter,which trailed the Bloomberg Barclays Aggregate Index return of 1.64%. •The separately managed fixed income portfolio returned 1.38%which lagged the benchmark.The portfolio would have ranked approximately in the 32nd percentile of the Morningstar Intermediate Term Bond Universe. •The PIMCO Total Return Bond Fund posted a 1.39%return in the quarter,which placed it in the 32nd percentile of Morningstar’s Intermediate-Term Bond Universe.The Fund underperformed the Index. •The Prudential Total Return Bond Fund returned 1.36%in the quarter.This ranked in the 33rd percentile of Morningstar’s Intermediate- Term Bond Universe and underperformed the benchmark. Alternative Investments The Alternatives portion of the Plan returned -1.11%and outperformed the Wilshire Liquid Alternative Index return of -3.72%.According to the managers of The Eaton Vance Global Macro Fund,the team completed their worst year in 20 years (-0.9%for the quarter,-3.29%calendar year return).Argentinian investments hurt the Fund twice in the year.A long position in the Argentine Peso was negatively impacted in May when the IMF began to lend support to the economy (offering austerity measures),this led to locals pulling their local savings –which led to the currency falling over 30%.In the fourth quarter,political fall-out led to another decline in the currency.In the fourth quarter,long currency positions in Iceland also saw weakness when the country enacted restrictions on foreign inflows into the currently,but maintained no restrictions on outflows –which led to the currency being suppressed.On a more positive note,long Japanese Yen positions and long positions in Turkish credit aided returns in the quarter.The AQR Market Neutral Fund (-1.79%)declined in the quarter,however in the month of December the Fund returned +3.67%.Normally we do not highlight a one-month return period,but in that December saw the Russell 1000 decline -9.11%,the theoretical hedge that this Fund offers was welcomed.The manager’s tilt toward high quality stocks (long positions)added to performance.The negative performance during the quarter was driven largely by sentiment factors and momentum.The Blackrock Strategic Income Fund returned -0.52%,the manager’s update was not available at the time of this report. 10 PARS: County of Contra Costa •The alternative investment segment returned -1.11%in the fourth quarter,which exceeded the Wilshire Liquid Alternatives Index return of -3.72%. •The AQR Market Neutral Fund returned -1.79%,which ranked in the 64th percentile of Morningstar’s Market Neutral Universe. The fund exceeded the benchmark. •The BlackRock Strategic Income Opportunity Fund returned -0.52%,which exceed the benchmark,and ranked in the 30th percentile of Morningstar’s Non-Traditional Bond Universe. •The Eaton Vance Global Macro Absolute Return Fund declined -0.90%which ranked in the 37th percentile of Morningstar’s Non- Traditional Universe Asset Allocation/Portfolio Transitions During the quarter we added the DFA Large Cap International Fund as a new manager within international equities.This Fund replaced the Nationwide Bailard Fund,which was eliminated in the third quarter. Small cap equities were reduced by -1.0%,and the global equity position was reduced by -0.5%.We added +0.5%to the REIT position,and we increased large cap domestic by +0.25%and domestic fixed income by +0.25%.Cash also was increased by +0.5%. 11 PARS: County of Contra Costa Manager Watch List Name of Fund Date on watch list Date exiting watch list Recommendation Rationale Columbia Contrarian Core Fund 3Q 2018 Retain on Watch List Annualized return trails the benchmark or median return trails on a 3-year basis for more than three consecutive quarters Dodge & Cox International 3Q 2018 Retain on Watch List Three-year return is now ahead of the benchmark target, as well, the fund ranks in the 40th percentile over the previous 3- year period. The calendar year peer ranking is in the 81st percentile leads us to maintain the manager on watch list for the quarter. AQR Equity Market Neutral I 3Q 2018 Retain on Watch List Unusual tracking error to the benchmark 12 PARS: County of Contra Costa 13 PARS: County of Contra Costa 9/30/2018 9/30/2018 12/31/2018 12/31/2018 Target Asset Allocation Market Value % of Total Market Value % of Total Allocation Large Cap Equities Columbia Contrarian Core Inst3 8,276,291 3.0%7,792,539 3.0%-- iShares Russell 1000 ETF 18,494,126 6.7%17,296,307 6.7%-- Vanguard Growth & Income Adm 8,978,634 3.3%9,111,140 3.5%-- Dodge & Cox Stock Fund 8,230,822 3.0%7,812,908 3.0%-- Harbor Capital Appreciation Retirement 2,785,457 1.0%2,606,511 1.0%-- T. Rowe Price Growth Stock Fund 2,772,223 1.0%2,604,296 1.0%-- Total Large Cap Equities 49,537,552$ 18.0%47,223,700$ 18.2% 17.0% Range Range 13-32% Mid Cap Equities iShares Russell Mid-Cap ETF 15,038,541 5.5%14,579,242 5.6%-- Total Mid Cap Equities 15,038,541$ 5.5%14,579,242$ 5.6%6.0% Range Range 2-10% Small Cap Equities iShares Russell 2000 ETF 15,025,221 5.5%13,267,214 5.1%-- Undiscovered Managers Behavioral Val R6 8,209,000 3.0%6,457,264 2.5% T. Rowe Price New Horizons Fund 4,160,613 1.5%3,913,613 1.5%-- Total Small Cap Equities 27,394,834$ 10.0%23,638,091$ 9.1%8.0% Range Range 4-12% International Equities DFA Large Cap International I ----3,888,931 1.5%-- iShares MSCI EAFE ETF 16,376,479 6.0%11,822,010 4.6%-- Dodge & Cox International Stock Fund 4,114,992 1.5%3,877,351 1.5%-- MFS® International Growth R6 4,154,962 1.5%3,880,226 1.5%-- Hartford Schroders Emerging Mkts Eq Y 4,211,127 1.5%3,844,259 1.5%-- Total International Equities 28,857,561 10.5%27,312,777$ 10.5%9.0% Range Range 4-16% Global Equities MSCI iShares ACWI Index ETF 12,365,033 4.5%10,564,265 4.1% American Funds New Perspective R6 4,137,563 1.5%3,900,791 1.5% MFS Global Equity FD CL R5 #4818 4,122,262 1.5%3,896,959 1.5% Total Global Equities 20,624,857$ 7.5%18,362,015$ 7.1%7.0% Range Range 4-12% Asset Allocation Period Ending December 31, 2018 14 PARS: County of Contra Costa 9/30/2018 9/30/2018 12/31/2018 12/31/2018 Target Asset Allocation Market Value % of Total Market Value % of Total Allocation Real Estate Vanguard REIT ETF 7,608,931 2.8%8,544,081 3.3% 7,608,931$ 2.8%8,544,081$ 3.3%4.0% Range Range 0-8% Fixed Income Core Fixed Income Holdings 72,882,528 26.5%68,245,056 26.3%-- PIMCO Total Return Instl Fund 11,804,866 4.3%11,689,017 4.5%-- Prudential Total Return Bond Q 11,779,177 4.3%11,634,035 4.5%-- Total Fixed Income 96,466,571$ 35.1%91,568,107$ 35.3% 38.0% Range Range 30-50% Alternatives BlackRock Strategic Income Opps K 4,152,727 1.5%6,426,137 2.5%-- Eaton Vance Glbl Macro Abs Ret I 9,657,764 3.5%6,410,095 2.5%-- AQR Equity Market Neutral I 5,602,874 2.0%5,166,588 2.0%-- Total Alternatives 19,413,365$ 7.1%18,002,820$ 6.9% 10.0% Range Range 5-20% Cash Money Market 10,185,042 3.7%10,374,096 4.0%-- Total Cash 10,185,042$ 3.7%10,374,096$ 4.0%1.0% Range Range 0-5% TOTAL 275,127,254$ 100.0% 259,604,930$ 100.0% 100.0% Asset Allocation Period Ending December 31, 2018 *Ending Market Value differs from total market value on the previous page due to differences in reporting methodology. The ab ove ending market value is reported as of trade date and includes accruals. The Asset Allocation total market value is reported as of settlement date. 15 PARS: County of Contra Costa Investment Summary Fourth Quarter 2018 Year to Date 2018 Beginning Value 275,858,092.90 254,664,786.12$ Net Contributions/Withdrawals 4,992,580.98 20,833,234.72 Fees Deducted -48,392.18 -193,402.20 Income Received 5,833,237.10 9,681,815.66 Market Appreciation -26,299,750.76 -24,826,725.70 Net Change in Accrued Income -108,980.30 67,079.14 Ending Market Value*260,226,787.74$ 260,226,787.74$ * Investment Summary Fourth Quarter 2017 Year to Date 2017 Beginning Value 242,319,209.06$ 206,343,794.94$ Net Contributions/Withdrawals 5,008,886.29 20,352,188.04 Fees Deducted -47,932.44 -187,946.90 Income Received 4,459,903.12 7,663,145.17 Market Appreciation 2,815,653.67 20,386,797.05 Net Change in Accrued Income 109,066.42 106,807.82 Ending Market Value*254,664,786.12$ 254,664,786.12$ * Investment Summary Period Ending December 31, 2018 Investment Strategy As of December 31, 2018 Tactical Asset Allocation Asset Class % Portfolio Weighting Rationale Target Current Portfolio Over/Under Weighting Cash 1.0%4.0%+3.0%Current cash yields are becoming competitive with shorter term fixed income maturities,as well as recent alternative segment returns have been disappointing. Fixed Income 38.0%35.50%-2.5%We expect the Fed to move cautiously in 2019 as economic data appears to be softening.We have reduced our base case assumption for 2019 to 1-2 hikes,with the potential for an undershoot if signs of slowing growth accelerate.We believe Fed Funds will peak for the cycle by the end of 2020.Inflation should modestly accelerate as the impact of fiscal stimulus increases aggregate demand and excess capacity is depleted.Our year-end 10-year Treasury forecast calls for a range between 2.75%-3.25%for 2019. Alternatives 10.0%7.0%-3.0%We maintain our underweight to alternatives.While we seek the promise of risk-adjusted returns from alternatives,investment returns over the last several quarters have been disappointing. Real Estate (REITS)4.0%3.25%-0.75%Rising vacancy rates for regional malls and shopping centers,rising interest rate pressures on the sector and declining sales trends for a variety of sectors create a negative backdrop for REITs.However,we began to close our underweight to REITs last quarter due to our forecast of the Federal Reserve increasing the Fed Funds rate only 1-2 times in 2019. Global Equity 7.0%7.0%-The U.S. economy is on solid footing relative to the rest of the world. Economies outside of the U.S. are slowing due in large part to the uncertainties caused by global trade issues. Valuations remain attractive overseas, and if a trade deal is executed, global markets would likely rally. Additionally, global central banks have provided some indication that they may continue ‘easy’ monetary policies –which would be supportive for global equities. International (Developed)9.0%9.0%-Visibility into developed international earnings has become murkier over the past three months.Europe and Japan are economically more sensitive to trade than the U.S.,thus slowing trade/global demand is likely to impact those markets more significantly relative to the U.S. Our equal weight allocation is based on positive relative valuations and the belief that a trade deal will be executed in the near future. International (Emerging)0.0%1.5%+1.5%Attractive valuation offset by increasingly cloudy macro backdrop and deteriorating sentiment.China trade concerns have weighed on by sentiment,and growth within the region. Total Domestic Equity 31.0%32.75%+1.75% Large Cap 17.0%18.25%+1.25%We have lowered our earnings estimates for the S&P500 for 2019,now forecasting a range of between $168-$172/share.Which equates to stocks trading at a reasonable 15.5X level.We maintain the modest overweight based on reasonable valuation. Mid Cap 6.0%5.5%-0.50%We maintain our slight underweight to mid cap equities,preferring to be overweight small cap and large cap. Small Cap 8.0%9.0%+1.0%We maintain an overweight to small cap stocks on the basis of further narrowing in valuation spread relative to domestic large cap.Small caps have better earnings growth,attractive relative valuations and some insulation from the impact of a stronger dollar. 16PARS: County of Contra Costa Inception Date: 02/01/2011 * Benchmark from February 1, 2011 to June 30, 2013: 18% Russell 1000 Index, 6% Russell Midcap Index, 8% Russell 2000 Index, 8 % MSCI ACWI Index, 10% MSCI EAFE Index, 45% Barclays Aggregate Index, 4% DJ Wilshire REIT Index, 1% Citigroup 3 Month T Bill Index. From July 1, 2013 to June 30, 2015: 17% Russell 1000 Index, 6% Russell Midcap Index, 8% Russell 2000 Index, 7% MSCI AC World US Index, 9% MSCI EAFE Index, 38% Barclays Aggregate Index, 4% DJ Wilshire REIT Index, 10% HFRI FOF Market Defensive Index, 1% Citigroup 3 Month T-Bill Index. From July 1, 2015: 17% Russell 1000 Index, 6% Russell Midcap Index, 8% Russell 2000 Index, 7% MSCI AC World Index, 9% MSCI EAFE Index, 38% Barclays Aggregate Index, 4% DJ Wilshire REIT Index, 10% Wilshire Liquid Alternative Index, 1% Citigroup 3 Month T-Bill Index ** Dynamic Alternatives Index represents the HFRI FOF Market Defensive Index from 07/01/2013 until 06/30/2015, and then the W ilshire Liquid Alternatives Index from 07/01/2015 forwards. Returns are gross-of-fees unless otherwise noted. Returns for periods over one year are annualized. The information presented ha s been obtained from sources believed to be accurate and reliable. Past performance is not indicative of future returns. Secu rities are not FDIC insured, have no bank guarantee, and may lose value. 17 PARS: County of Contra Costa 3 Months Year to Date (1 Year) 3 Years 5 Years Inception to Date (94 Months) Cash Equivalents .53 1.72 .92 .56 .36 FTSE 3 Month T-Bill Index .57 1.86 .99 .61 .41 Fixed Income ex Funds 1.38 .14 2.41 2.54 3.14 Total Fixed Income 1.38 .07 2.55 2.59 3.23 BBG Barclays US Aggregate Bd Index 1.64 .01 2.06 2.52 2.81 Total Equities -14.28 -9.19 6.69 4.82 7.50 Large Cap Funds -14.11 -5.43 8.78 7.67 10.14 Russell 1000 Index -13.82 -4.78 9.09 8.21 10.97 Mid Cap Funds -15.11 -8.95 6.96 5.15 8.04 Russell Midcap Index -15.37 -9.06 7.04 6.26 9.59 Small Cap Funds -19.89 -10.13 7.99 5.59 9.81 Russell 2000 Index -20.20 -11.01 7.36 4.41 8.63 International Equities -12.28 -12.29 5.15 1.68 3.80 MSCI AC World Index -12.75 -9.42 6.60 4.26 6.14 MSCI EAFE Index -12.54 -13.79 2.87 .53 3.06 MSCI EM Free Index -7.47 -14.58 9.25 1.65 .59 REIT Funds -6.15 -6.14 1.83 7.40 7.42 Wilshire REIT Index -6.93 -4.84 2.06 7.87 8.05 Alternatives -1.11 -7.43 -1.73 .03 Dynamic Alternatives Index -3.72 -4.24 .96 .75 -.46 Total Managed Portfolio -7.38 -5.50 4.21 3.47 5.06 Total Account Net of Fees -7.40 -5.57 4.12 3.37 4.95 County of Contra Costa -7.04 -4.44 4.54 4.02 5.56 Selected Period Performance PARS/COUNTY OF CONTRA COSTA PRHCP Account 6746038001 Period Ending: 12/31/2018 COUNTY OF CONTRA COSTA 18 PARS: County of Contra Costa 3-Month YTD 1-Year 3-Year 5-Year Fund Name Inception Return Rank Return Rank Return Rank Return Rank Return Rank Columbia Contrarian Core Inst3 (7/13) -14.78 77 -8.81 82 -8.81 82 6.53 78 7.15 47 T. Rowe Price Growth Stock I -14.10 25 -0.89 37 -0.89 37 10.45 28 10.22 19 Harbor Capital Appreciation Retirement -16.39 69 -0.96 37 -0.96 37 10.24 32 10.33 17 Dodge & Cox Stock (10/14) -13.57 64 -7.07 31 -7.07 31 10.07 7 7.06 16 Vanguard Growth & Income Adm (12/16) -14.22 65 -4.61 31 -4.61 31 8.91 28 8.52 9 iShares Russell 1000 ETF (3/15) -13.84 56 -4.91 37 -4.91 37 8.95 26 8.08 23 Russell 1000 TR USD -13.82 ---4.78 ---4.78 --9.09 --8.21 -- iShares Russell Mid-Cap ETF (3/15) -15.33 36 -9.13 30 -9.13 30 6.89 43 6.10 16 Russell Mid Cap TR USD -15.37 ---9.06 ---9.06 --7.04 --6.26 -- Undiscovered Managers Behavioral Val R6 (9/16) -20.42 68 -15.20 49 -15.20 49 5.21 47 4.99 6 Russell 2000 Value TR USD -18.67 ---12.86 ---12.86 --7.37 --3.61 -- T. Rowe Price New Horizons I -17.01 47 4.17 4 4.17 4 13.98 2 10.43 2 Russell 2000 Growth TR USD -21.65 ---9.31 ---9.31 --7.24 --5.13 -- iShares Russell 2000 ETF (3/15) -20.21 66 -11.02 36 -11.02 36 7.38 27 4.45 27 Dodge & Cox International Stock -12.39 43 -17.98 81 -17.98 81 3.24 40 -0.48 43 MFS International Growth R6 -11.74 19 -8.79 9 -8.79 9 7.52 4 3.46 12 MFS Global Equity R6 (3/15) -13.30 53 -10.76 62 -10.76 62 5.95 46 4.08 45 iShares MSCI EAFE ETF (3/15) -12.59 47 -13.83 37 -13.83 37 2.82 50 0.45 40 iShares MSCI ACWI ETF (3/15) -12.73 44 -9.15 45 -9.15 45 6.93 28 4.54 34 American Funds New Perspective R6 (3/15) -13.15 50 -5.56 18 -5.56 18 7.66 19 6.42 11 DFA Large Cap International I (12/18) -13.29 66 -14.14 44 -14.14 44 3.55 32 0.44 41 MSCI EAFE NR USD -12.54 ---13.79 ---13.79 --2.87 --0.53 -- MSCI ACWI NR USD -12.75 ---9.42 ---9.42 --6.60 --4.26 -- Hartford Schroders Emerging Mkts Eq Y (11/12) -8.85 74 -15.42 45 -15.42 45 9.67 17 1.90 20 MSCI EM Free Index -7.47 ---14.58 ---14.58 --9.25 --1.65 -- Data Source: Morningstar, SEI Investments Returns less than one year are not annualized. Past performance is not indicative of future returns. The information presented has been obtained from sources believed accurate and reliable. Securities are not FDIC insured, have no bank guarantee and may lose value. LARGE CAP EQUITY FUNDS MID CAP EQUITY FUNDS SMALL CAP EQUITY FUNDS INTERNATIONAL EQUITY FUNDS For Period Ending December 31, 2018 COUNTY OF CONTRA COSTA PARS: County of Contra Costa 18 3-Month YTD 1-Year 3-Year 5-Year Fund Name Inception Return Rank Return Rank Return Rank Return Rank Return Rank Vanguard Real Estate ETF (6/17) -6.46 34 -5.95 58 -5.95 58 2.32 46 7.40 44 Wilshire REIT Index -6.93 ---4.84 ---4.84 --2.06 --7.87 -- Core Fixed Income Portfolio 1.38 32 .14 24 .14 24 2.41 34 2.54 33 PIMCO Total Return Instl 1.39 32 -0.26 39 -0.26 39 2.47 32 2.56 31 PGIM Total Return Bond R6 (5/16) 1.36 33 -0.63 57 -0.63 57 3.59 5 3.59 3 BBgBarc US Agg Bond TR USD 1.64 --0.01 --0.01 --2.06 --2.52 -- AQR Equity Market Neutral I (2/16) -1.79 64 -11.73 95 -11.73 95 -0.37 73 ---- BlackRock Strategic Income Opps K -0.52 30 -0.47 46 -0.47 46 2.69 53 2.32 31 Eaton Vance Glbl Macr Absolute Return I (7/13) -0.90 37 -3.29 81 -3.29 81 1.60 77 2.09 37 Idx: Dynamic Alternatives -3.72 ---4.24 ---4.24 --0.96 --0.75 -- Data Source: Morningstar, SEI Investments Returns less than one year are not annualized. Past performance is not indicative of future returns. The information presented has been obtained from sources believed accurate and reliable. Securities are not FDIC insured, have no bank guarantee and may lose value. ALTERNATIVE FUNDS REIT EQUITY FUNDS For Period Ending December 31, 2018 BOND FUNDS COUNTY OF CONTRA COSTA 20 PARS: County of Contra Costa . 2018 2017 2016 2015 2014 2013 2012 Fund Name Inception Return Rank Return Rank Return Rank Return Rank Return Rank Return Rank Return Rank Columbia Contrarian Core Inst3 (7/13) -8.81 82 21.89 28 8.77 73 3.25 7 13.14 27 36.04 15 18.68 -- T. Rowe Price Growth Stock I -0.89 37 33.84 15 1.58 63 10.93 --8.83 --39.20 --18.92 -- Harbor Capital Appreciation Retirement -0.96 37 36.68 5 -1.04 --10.99 --9.93 --37.66 --15.69 -- Dodge & Cox Stock (10/14) -7.07 31 18.33 24 21.28 6 -4.49 62 10.40 54 40.55 2 22.01 2 Vanguard Growth & Income Adm (12/16) -4.61 31 20.80 54 12.12 24 2.03 16 14.16 13 32.74 37 17.05 19 iShares Russell 1000 ETF (3/15) -4.91 37 21.53 37 11.91 27 0.82 30 13.08 28 32.93 35 16.27 29 Russell 1000 TR USD -4.78 --21.69 --12.05 --0.92 --13.24 --33.11 --16.42 -- iShares Russell Mid-Cap ETF (3/15) -9.13 30 18.32 27 13.58 61 -2.57 30 13.03 8 34.50 46 17.13 43 Russell Mid Cap TR USD -9.06 --18.52 --13.80 ---2.44 --13.22 --34.76 --17.28 -- Undiscovered Managers Behavioral Val R6 (9/16) -15.20 49 13.53 11 20.97 80 3.52 1 5.83 25 37.72 --23.55 -- Russell 2000 Value TR USD -12.86 --7.84 --31.74 ---7.47 --4.22 --34.52 --18.05 -- T. Rowe Price New Horizons I 4.17 4 31.67 9 7.95 69 4.54 --6.10 --49.11 --16.20 -- Russell 2000 Growth TR USD -9.31 --22.17 --11.32 ---1.38 --5.60 --43.30 --14.59 -- iShares Russell 2000 ETF (3/15) -11.02 36 14.66 24 21.36 43 -4.33 44 4.94 44 38.85 35 16.39 34 Dodge & Cox International Stock -17.98 81 23.94 72 8.26 2 -11.35 98 0.08 9 26.31 8 21.03 16 DFA Large Cap International I (12/18) -14.14 44 25.37 48 3.16 23 -2.86 72 -5.24 49 20.69 39 17.75 58 MFS International Growth R6 -8.79 9 32.58 31 2.79 6 0.40 52 -5.01 57 13.94 78 19.77 29 MFS Global Equity R6 (3/15) -9.51 62 24.04 41 7.43 27 -1.34 48 4.08 33 27.93 34 23.14 -- iShares MSCI EAFE ETF (3/15) -13.83 37 24.94 58 0.96 47 -0.90 46 -5.04 46 22.62 18 17.22 66 iShares MSCI ACWI ETF (3/15) -9.15 45 24.35 39 8.22 21 -2.39 62 4.64 28 22.91 63 15.99 51 American Funds New Perspective R6 (3/15) -5.56 18 29.30 16 2.19 77 5.63 6 3.56 40 27.23 38 21.19 14 MSCI EAFE NR USD -13.79 --25.03 --1.00 ---0.81 ---4.90 --22.78 --17.32 -- MSCI ACWI NR USD -9.42 --23.97 --7.86 ---2.36 --4.16 --22.80 --16.13 -- Hartford Schroders Emerging Mkts Eq Y (11/12) -15.42 45 41.10 18 10.53 ---12.68 ---4.61 ---2.28 --21.73 -- MSCI EM PR USD -16.64 --34.35 --8.58 ---16.96 ---4.63 ---4.98 --15.15 -- Data Source: Morningstar, SEI Investments Returns less than one year are not annualized. Past performance is not indicative of future returns. The information presented has been obtained from sources believed accurate and reliable. Securities are not FDIC insured, have no bank guarantee and may lose value. For Period Ending December 31, 2018 LARGE CAP EQUITY FUNDS MID CAP EQUITY FUNDS SMALL CAP EQUITY FUNDS INTERNATIONAL EQUITY FUNDS COUNTY OF CONTRA COSTA 21 PARS: County of Contra Costa . 2018 2017 2016 2015 2014 2013 2012 Fund Name Inception Return Rank Return Rank Return Rank Return Rank Return Rank Return Rank Return Rank Vanguard Real Estate ETF (6/17) -5.95 58 4.95 57 8.53 17 2.37 65 30.29 33 2.42 27 17.67 30 Wilshire US REIT TR USD -4.84 --4.18 --7.24 --4.23 --31.78 --1.86 --17.59 -- Core Fixed Income Portfolio .14 24 3.49 59 3.63 37 0.78 14 4.74 70 -1.40 41 5.42 69 PIMCO Total Return Instl -0.26 39 5.13 10 2.60 63 0.73 15 4.69 71 -1.92 60 10.36 12 PGIM Total Return Bond R6 (5/16) -0.63 57 6.71 2 4.83 13 0.09 44 7.25 5 -0.91 28 9.96 14 BBgBarc US Agg Bond TR USD 0.01 --3.54 --2.65 --0.55 --5.97 ---2.02 --4.21 -- BlackRock Strategic Income Opps K (7/13) -0.47 46 4.97 37 3.65 ---0.30 --3.89 --3.28 --9.92 -- AQR Equity Market Neutral I (2/16) -11.73 95 5.84 24 5.85 18 17.60 1 -- -- -- -- -- -- Eaton Vance Glbl Macr Absolute Return I (7/13) -3.29 81 4.29 47 4.00 61 2.63 7 3.03 18 -0.24 58 4.11 79 Dynamic Alternatives Index -4.24 --5.07 --2.29 ---5.19 --6.39 --0.54 ---1.67 -- Data Source: Morningstar, SEI Investments Returns less than one year are not annualized. Past performance is not indicative of future returns. The information presented has been obtained from sources believed accurate and reliable. Securities are not FDIC insured, have no bank guarantee and may lose value. REIT EQUITY FUNDS ALTERNATIVE FUNDS For Period Ending December 31, 2018 BOND FUNDS BlackRock Strategic Income Opps K BSIKX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Nontradi�onal Bond 3/28/2016 0.82 33,935.90 6/30/2018 Mul�ple Correla�on Matrix Time Period: 4/1/2016 to 12/31/2018 1 2 3 1.00 0.13 1.00 0.51 ­0.17 1.00 1 BlackRock Strategic Income Opps K 2 BBgBarc US Agg Bond TR USD 3 S&P 500 TR (1989) 1.00 to 0.80 0.80 to 0.60 0.60 to 0.40 0.40 to 0.20 0.20 to 0.00 0.00 to ­0.20 ­0.20 to ­0.40 ­0.40 to ­0.60 ­0.60 to ­0.80 ­0.80 to ­1.00 Return Distribu�on - BlackRock Strategic Income Opps K Time Period: Since Incep�on to 12/31/2018 ­2.0 ­1.0 0.0 1.0 2.0 0.0 4.0 8.0 12.0 16.0 20.0 24.0 BlackRock Strategic Income Opps K US Fund Nontradi�onal BondNumber of PeriodsYTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le BlackRock Strategic Income Opps K US Fund Nontradi�onal Bond ­0.47 ­0.47 ­1.21 ­1.21 2.55 1.40 3.67 2 2 3 3 3 3 3 Drawdown Time Period: 1/1/2014 to 12/31/2018 2014 2015 2016 2017 2018 ­4.5 ­3.8 ­3.0 ­2.3 ­1.5 ­0.8 0.0 BlackRock Strategic Income Opps K US Fund Nontradi�onal Bond Performance Rela�ve to Peer Group Peer Group (5­95%): Open End Funds ­ U.S. ­ Nontradi�onal Bond ­8.0 ­6.0 ­4.0 ­2.0 0.0 YTD 1 year 3 years 5 years 10 years 2.0 4.0 6.0 8.0 10.0 BlackRock Strategic Income Opps K US Fund Nontradi�onal Bond ReturnReturns As of Date: 12/31/2018 Calcula�on Benchmark: US Fund Nontradi�onal Bond Quarter YTD 1 Year 3 Years 5 Years 10 Years ­3.0 ­2.3 ­1.5 ­0.8 0.0 0.8 1.5 2.3 3.0 3.8 4.5 ­0.5 ­0.5 ­0.5 ­1.7 ­1.2 ­1.2 2.6 1.4 3.7 BlackRock Strategic Income Opps K US Fund Nontradi�onal Bond ReturnRisk-Reward Time Period: 1/1/2016 to 12/31/2018 Std Dev 0.0 2.0 4.0 6.0 8.0 ­1.0 1.0 3.0 5.0 7.0 BlackRock Strategic Income Opps K US Fund Nontradi�onal BondReturn BlackRock Strategic Income Opps K - Risk Time Period: Since Incep�on to 12/31/2018 Calcula�on Benchmark: US Fund Nontradi�onal Bond Inv Bmk1 +/­ Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 2.79 1.70 0.00 0.00 1.00 100.00 0.95 0.00 3.15 1.50 0.66 0.80 0.72 65.44 1.31 1.09 0.36 ­0.19 0.66 0.80 ­0.28 ­34.56 0.36 1.09 Monthly Es�mated Fund-Level Net Flow Time Period: 3/1/2016 to 12/31/2018 2016 2017 2018 ­1,500M ­750M 0M 750M 1,500M BlackRock Strategic Income Opps K Es�mated Fund­ L e v e l Monthly Return Source: Morningstar Direct, as of December 31, 2018. Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. 22 DFA Large Cap Interna�onal I DFALX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Foreign Large Blend ÙÙÙ 7/17/1991 0.24 4,787.26 11/30/2018 Mul�ple Asset Alloca�on % Cash 1.4 US Equity 1.5 Non­US Equity 97.1 Other 0.0 Total 100.0 Holdings­Based Style Map Micro Small Mid Large Giant Deep­Val Core­Val Core Core­Grth High­Grth DFA Large Cap Interna�onal I 11/30/2018 MSCI World ex USA NR USD 12/31/2018 US Fund Foreign Large Blend 12/31/2018 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le DFA Large Cap Interna�onal I MSCI ACWI Ex USA NR USD US Fund Foreign Large Blend ­14.20 ­14.20 ­14.59 ­14.59 2.55 4.48 0.68 0.12 5.84 6.57 ­14.14 ­14.14 3.55 0.44 6.162212 2 2 2 1 1 1 2 2 2 2 2 Rolling Returns Time Period: 1/1/2014 to 12/31/2018 Peer Group (5­95%): Open End Funds ­ U.S. ­ Foreign Large Blend Rolling Window: 3 Years 3 Monthsshi� Calcula�on Benchmark: MSCI World ex USA NR USD 01 02 03 04 05 06 07 08 09 10 11 12 2018 01 02 03 04 05 06 07 08 09 10 11 12 ­5.0 0.0 5.0 10.0 DFA Large Cap Interna�onal I MSCI World ex USA NR USDReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Open End Funds ­ U.S. ­ Foreign Large Blend ­25.0 ­20.0 ­15.0 ­10.0 ­5.0 YTD 1 year 3 years 5 years 10 years 0.0 5.0 10.0 DFA Large Cap Interna�onal I MSCI World ex USA NR USD US Fund Foreign Large Blend ReturnReturns As of Date: 12/31/2018 Calcula�on Benchmark: MSCI ACWI Ex USA NR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years ­25.0 ­20.0 ­15.0 ­10.0 ­5.0 0.0 5.0 10.0 15.0 ­13.3­14.1­14.13.60.46.2­11.5­14.2­14.24.50.76.6­12.7­14.6­14.62.50.15.8DFA Large Cap Interna�onal I MSCI ACWI Ex USA NR USD US Fund Foreign Large Blend ReturnRisk­Reward Time Period: 1/1/2014 to 12/31/2018 Peer Group (5­95%): Open End Funds ­ U.S. ­ Foreign Large Blend Calcula�on Benchmark: MSCI ACWI Ex USA NR USD Std Dev 0.0 3.0 6.0 9.0 12.0 15.0 18.0 ­4.0 ­3.0 ­2.0 ­1.0 0.0 1.0 2.0 3.0 ReturnDFA Large Cap Interna�onal I ­ Risk Time Period: 1/1/2014 to 12/31/2018 Calcula�on Benchmark: MSCI World ex USA NR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 0.34 11.66 0.00 0.00 1.00 100.00 ­0.03 0.00 0.44 11.48 1.26 0.09 0.97 97.72 ­0.02 1.76 Monthly Es�mated Fund­Level Net Flow Time Period: 1/1/2014 to 12/31/2018 2014 2016 2018 ­200M ­100M 0M 100M 200M DFA Large Cap Interna�onal I US Fund Foreign Large Blend Es�mated Fund­ L e v e l N e t F l o w Monthly Return Source: Morningstar Direct, as of December 31, 2018 Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. 23 Dodge & Cox Interna�onal Stock DODFX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Foreign Large Value ÙÙÙÙ 5/1/2001 0.63 48,107.51 12/31/2018 Mul�ple Asset Alloca�on % Cash 0.7 US Equity 8.1 Non­US Equity 90.4 Other 0.7 Total 100.0 Holdings­Based Style Map Micro Small Mid Large Giant Deep­Val Core­Val Core Core­Grth High­Grth Dodge & Cox Interna�onal Stock 12/31/2018 MSCI EAFE NR USD 12/31/2018 US Fund Foreign Large Value 12/31/2018 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le Dodge & Cox Interna�onal Stock MSCI ACWI Ex USA Value NR USD US Fund Foreign Large Value ­17.98 ­17.98 3.24 ­0.48 7.72 ­13.97 ­13.97 4.75 ­0.38 5.95 ­15.38 ­15.38 2.20 ­0.63 5.19 3 3 1 2 1 1 1 1 2 1 1 1 2 2 2 Rolling Returns Time Period: 1/1/2014 to 12/31/2018 Peer Group (5­95%): Open End Funds ­ U.S. ­ Foreign Large Value Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: MSCI EAFE NR USD 01 02 03 04 05 06 07 08 09 10 11 12 2018 01 02 03 04 05 06 07 08 09 10 11 12 ­5.0 0.0 5.0 10.0 Dodge & Cox Interna�onal Stock MSCI EAFE NR USDReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Open End Funds ­ U.S. ­ Foreign Large Value ­25.0 ­20.0 ­15.0 ­10.0 ­5.0 YTD 1 year 3 years 5 years 10 years 0.0 5.0 10.0 Dodge & Cox Interna�onal Stock MSCI EAFE NR USD US Fund Foreign Large Value ReturnReturns As of Date: 12/31/2018 Calcula�on Benchmark: MSCI ACWI Ex USA Value NR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years ­30.0 ­25.0 ­20.0 ­15.0 ­10.0 ­5.0 0.0 5.0 10.0 15.0 ­12.4­18.0­18.03.2­0.57.7­10.7­14.0­14.04.7­0.46.0­12.4­15.4­15.42.2­0.65.2Dodge & Cox Interna�onal Stock MSCI ACWI Ex USA Value NR USD US Fund Foreign Large Value ReturnRisk­Reward Time Period: 1/1/2014 to 12/31/2018 Peer Group (5­95%): Open End Funds ­ U.S. ­ Foreign Large Value Calcula�on Benchmark: MSCI ACWI Ex USA Value NR USD Std Dev 0.0 3.0 6.0 9.0 12.0 15.0 18.0 ­6.0 ­4.0 ­2.0 0.0 2.0 4.0 ReturnDodge & Cox Interna�onal Stock ­ Risk Time Period: 1/1/2014 to 12/31/2018 Calcula�on Benchmark: MSCI EAFE NR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 0.53 11.78 0.00 0.00 1.00 100.00 ­0.01 0.00 ­0.48 13.90 3.66 ­0.80 1.10 86.82 ­0.08 5.19 Monthly Es�mated Fund­Level Net Flow Time Period: 1/1/2014 to 12/31/2018 2014 2016 2018 ­2,000M ­1,000M 0M 1,000M 2,000M Dodge & Cox Interna�onal Stock US Fund Foreign Large Value Es�mated Fund­ L e v e l N e t F l o w Monthly Return Source: Morningstar Direct, as of December 31, 2018 Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. 24 Dodge & Cox Stock DODGX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Large Value ÙÙÙÙ 1/4/1965 0.52 63,004.69 12/31/2018 Mul�ple Asset Alloca�on % Cash 3.7 US Equity 83.7 Non­US Equity 12.6 Total 100.0 Holdings­Based Style Map Micro Small Mid Large Giant Deep­Val Core­Val Core Core­Grth High­Grth Dodge & Cox Stock 12/31/2018 S&P 500 TR USD 12/31/2018 US Fund Large Value 12/31/2018 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le Dodge & Cox Stock Russell 1000 Value TR USD US Fund Large Value ­8.27 ­8.27 6.95 5.95 11.18 ­7.07 ­7.07 10.07 7.06 13.17 ­8.60 ­8.60 6.73 5.13 10.45 2 2 1 1 1 2 2 2 2 2 2 2 2 3 3 Rolling Returns Time Period: 1/1/2014 to 12/31/2018 Peer Group (5­95%): Open End Funds ­ U.S. ­ Large Value Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: S&P 500 TR USD 01 02 03 04 05 06 07 08 09 10 11 12 2018 01 02 03 04 05 06 07 08 09 10 11 12 7.5 10.0 12.5 15.0 17.5 Dodge & Cox Stock S&P 500 TR USDReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Open End Funds ­ U.S. ­ Large Value ­15.0 ­10.0 ­5.0 0.0 5.0 YTD 1 year 3 years 5 years 10 years 10.0 15.0 Dodge & Cox Stock S&P 500 TR USD US Fund Large Value ReturnReturns As of Date: 12/31/2018 Calcula�on Benchmark: Russell 1000 Value TR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years ­25.0 ­20.0 ­15.0 ­10.0 ­5.0 0.0 5.0 10.0 15.0 20.0 ­13.6­7.1­7.110.17.113.2­11.7­8.3­8.37.05.911.2­12.5­8.6­8.66.75.110.5Dodge & Cox Stock Russell 1000 Value TR USD US Fund Large Value ReturnRisk­Reward Time Period: 1/1/2014 to 12/31/2018 Peer Group (5­95%): Open End Funds ­ U.S. ­ Large Value Calcula�on Benchmark: Russell 1000 Value TR USD Std Dev 0.0 3.0 6.0 9.0 12.0 15.0 18.0 0.0 2.0 4.0 6.0 8.0 10.0 ReturnDodge & Cox Stock ­ Risk Time Period: 1/1/2014 to 12/31/2018 Calcula�on Benchmark: S&P 500 TR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 7.06 12.71 3.26 ­1.75 1.08 85.93 0.50 4.85 8.49 10.94 0.00 0.00 1.00 100.00 0.71 0.00 Monthly Es�mated Fund­Level Net Flow Time Period: 1/1/2014 to 12/31/2018 2014 2016 2018 ­1,000M ­500M 0M 500M Dodge & Cox Stock US Fund Large Value Es�mated Fund­ L e v e l N e t F l o w Monthly Return Source: Morningstar Direct, as of December 31, 2018 Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. 25 Eaton Vance Glbl Macr Absolute Return I EIGMX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Nontradi�onal Bond ÙÙ 6/27/2007 0.74 4,214.47 7/31/2018 Mul�ple Correla�on Matrix Time Period: 7/1/2007 to 12/31/2018 1 2 3 1.00 0.25 1.00 0.36 0.01 1.00 1 Eaton Vance Glbl Macr Absolute Return I 2 BBgBarc US Agg Bond TR USD 3 S&P 500 TR (1989) 1.00 to 0.80 0.80 to 0.60 0.60 to 0.40 0.40 to 0.20 0.20 to 0.00 0.00 to ­0.20 ­0.20 to ­0.40 ­0.40 to ­0.60 ­0.60 to ­0.80 ­0.80 to ­1.00 Return Distribu�on - Eaton Vance Glbl Macr Absolute Retur Time Period: Since Incep�on to 12/31/2018 ­6.0 ­5.0 ­4.0 ­3.0 ­2.0 ­1.0 0.0 1.0 2.0 3.0 4.0 5.0 6.0 0.0 10.0 20.0 30.0 40.0 50.0 60.0 70.0 80.0 Eaton Vance Glbl Macr Absolute Return I US Fund Nontradi�onal BondNumber of PeriodsYTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le Eaton Vance Glbl Macr Absolute Return I US Fund Nontradi�onal Bond ­1.21 ­1.21 ­3.29 ­3.29 2.55 1.60 1.40 2.09 3.67 2.944442 4 3 3 3 3 3 Drawdown Time Period: 1/1/2014 to 12/31/2018 2014 2015 2016 2017 2018 ­4.5 ­3.8 ­3.0 ­2.3 ­1.5 ­0.8 0.0 Eaton Vance Glbl Macr Absolute Return I US Fund Nontradi�onal Bond Performance Rela�ve to Peer Group Peer Group (5­95%): Open End Funds ­ U.S. ­ Nontradi�onal Bond ­8.0 ­6.0 ­4.0 ­2.0 0.0 YTD 1 year 3 years 5 years 10 years 2.0 4.0 6.0 8.0 10.0 Eaton Vance Glbl Macr Absolute Return I US Fund Nontradi�onal Bond ReturnReturns As of Date: 12/31/2018 Calcula�on Benchmark: US Fund Nontradi�onal Bond Quarter YTD 1 Year 3 Years 5 Years 10 Years ­5.0 ­4.0 ­3.0 ­2.0 ­1.0 0.0 1.0 2.0 3.0 4.0 5.0 ­0.9 ­3.3 ­3.3 1.6 2.1 2.9 ­1.7 ­1.2 ­1.2 2.6 1.4 3.7 Eaton Vance Glbl Macr Absolute Return I US Fund Nontradi�onal Bond ReturnRisk-Reward Time Period: 1/1/2016 to 12/31/2018 Std Dev 0.0 2.0 4.0 6.0 8.0 ­1.0 1.0 3.0 5.0 7.0 Eaton Vance Glbl Macr Absolute Return I US Fund Nontradi�onal BondReturn Eaton Vance Glbl Macr Absolute Return I - Risk Time Period: Since Incep�on to 12/31/2018 Calcula�on Benchmark: US Fund Nontradi�onal Bond Inv Bmk1 +/­ Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 1.75 3.70 0.00 0.00 1.00 100.00 0.30 0.00 3.25 2.65 1.62 2.13 0.40 31.81 0.98 3.16 1.50 ­1.06 1.62 2.13 ­0.60 ­68.19 0.68 3.16 Monthly Es�mated Fund-Level Net Flow Time Period: 1/1/2014 to 12/31/2018 2014 2016 2018 ­1,500M ­1,000M ­500M 0M 500M Eaton Vance Glbl Macr Absolute Return I Es�mated Fund­ L e v e l Monthly Return Source: Morningstar Direct, as of December 31, 2018. Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. 26 Harbor Capital Apprecia�on Instl HACAX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Large Growth ÙÙÙÙ 12/29/1987 0.66 28,266.56 9/30/2018 Mul�ple Asset Alloca�on % Cash 0.1 US Equity 89.5 Non­US Equity 10.3 Total 100.0 Holdings­Based Style Map Micro Small Mid Large Giant Deep­Val Core­Val Core Core­Grth High­Grth Harbor Capital Apprecia�on Instl 9/30/2018 Russell 1000 Growth TR USD 12/31/2018 US Fund Large Growth 12/31/2018 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le Harbor Capital Apprecia�on Instl Russell 1000 Growth TR USD US Fund Large Growth ­1.51 ­1.51 11.15 10.40 15.29 ­2.18 ­2.18 8.87 8.03 13.19 ­1.03 ­1.03 10.18 10.29 15.272221 1 2 2 1 1 1 3 3 3 3 3 Rolling Returns Time Period: 1/1/2014 to 12/31/2018 Peer Group (5­95%): Open End Funds ­ U.S. ­ Large Growth Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: Russell 1000 Growth TR USD 01 02 03 04 05 06 07 08 09 10 11 12 2018 01 02 03 04 05 06 07 08 09 10 11 12 5.0 10.0 15.0 20.0 25.0 Harbor Capital Apprecia�on Instl Russell 1000 Growth TR USDReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Open End Funds ­ U.S. ­ Large Growth ­10.0 ­5.0 0.0 5.0 10.0 YTD 1 year 3 years 5 years 10 years 15.0 20.0 Harbor Capital Apprecia�on Instl Russell 1000 Growth TR USD US Fund Large Growth ReturnReturns As of Date: 12/31/2018 Calcula�on Benchmark: Russell 1000 Growth TR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years ­30.0 ­22.5 ­15.0 ­7.5 0.0 7.5 15.0 22.5 ­16.4­1.0­1.010.210.315.3­15.9­1.5­1.511.110.415.3­15.4­2.2­2.28.98.013.2Harbor Capital Apprecia�on Instl Russell 1000 Growth TR USD US Fund Large Growth ReturnRisk­Reward Time Period: 1/1/2014 to 12/31/2018 Peer Group (5­95%): Open End Funds ­ U.S. ­ Large Growth Calcula�on Benchmark: Russell 1000 Growth TR USD Std Dev 0.0 3.0 6.0 9.0 12.0 15.0 18.0 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 ReturnHarbor Capital Apprecia�on Instl ­ Risk Time Period: 1/1/2014 to 12/31/2018 Calcula�on Benchmark: Russell 1000 Growth TR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 10.29 13.75 3.61 ­0.72 1.08 89.02 0.70 4.67 10.40 11.96 0.00 0.00 1.00 100.00 0.81 0.00 Monthly Es�mated Fund­Level Net Flow Time Period: 1/1/2014 to 12/31/2018 2014 2016 2018 ­1,000M ­500M 0M 500M Harbor Capital Apprecia�on Instl US Fund Large Growth Es�mated Fund­ L e v e l N e t F l o w Monthly Return Source: Morningstar Direct, as of December 31, 2018 Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. 27 Har�ord Schroders Emerging Mkts Eq Y HHHYX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Diversified Emerging Mkts 10/24/2016 1.11 3,268.41 11/30/2018 Mul�ple Asset Alloca�on % Cash 3.3 Non­US Equity 96.7 Total 100.0 Holdings­Based Style Map Micro Small Mid Large Giant Deep­Val Core­Val Core Core­Grth High­Grth Har�ord Schroders Emerging Mkts Eq Y 11/30/2018 MSCI EM NR USD 12/31/2018 US Fund Diversified Emerging Mkts 12/31/2018 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le Har�ord Schroders Emerging Mkts Eq Y MSCI EM NR USD US Fund Diversified Emerging Mkts ­14.58 ­14.58 9.25 1.65 8.02 ­15.42 ­15.42 ­16.14 ­16.14 6.88 0.43 7.08 2 2 2 2 1 2 2 2 2 2 3 3 Rolling Returns Time Period: 1/1/2014 to 12/31/2018 Peer Group (5­95%): Open End Funds ­ U.S. ­ Diversified Emerging Mkts Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: MSCI EM NR USD 01 02 03 04 05 06 07 08 09 10 11 12 2018 01 02 03 04 05 06 07 08 09 10 11 12 ­5.0 0.0 5.0 10.0 15.0 Har�ord Schroders Emerging Mkts Eq Y MSCI EM NR USDReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Open End Funds ­ U.S. ­ Diversified Emerging Mkts ­25.0 ­20.0 ­15.0 ­10.0 ­5.0 YTD 1 year 3 years 5 years 10 years 0.0 5.0 10.0 15.0 Har�ord Schroders Emerging Mkts Eq Y MSCI EM NR USD US Fund Diversified Emerging Mkts ReturnReturns As of Date: 12/31/2018 Calcula�on Benchmark: MSCI EM NR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years ­25.0 ­20.0 ­15.0 ­10.0 ­5.0 0.0 5.0 10.0 15.0 ­8.8­15.4­15.4­7.5­14.6­14.69.21.68.0­7.5­16.1­16.16.90.47.1Har�ord Schroders Emerging Mkts Eq Y MSCI EM NR USD US Fund Diversified Emerging Mkts ReturnRisk­Reward Time Period: 1/1/2014 to 12/31/2018 Peer Group (5­95%): Open End Funds ­ U.S. ­ Diversified Emerging Mkts Calcula�on Benchmark: MSCI EM NR USD Std Dev 0.0 3.0 6.0 9.0 12.0 15.0 18.0 21.0 ­4.0 ­2.0 0.0 2.0 4.0 ReturnHar�ord Schroders Emerging Mkts Eq Y ­ Risk Time Period: 1/1/2014 to 12/31/2018 Calcula�on Benchmark: MSCI EM NR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 1.65 15.19 0.00 0.00 1.00 100.00 0.06 0.00 Monthly Es�mated Fund­Level Net Flow Time Period: 10/1/2016 to 12/31/2018 2017 2018 ­200M 0M 200M 400M Har�ord Schroders Emerging Mkts Eq Y US Fund Diversified Emerging Mkts Es�mated Fund­ L e v e l N e t F l o w Monthly Return Source: Morningstar Direct, as of December 31, 2018 Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. 28 MFS Interna�onal Growth I MQGIX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Foreign Large Growth ÙÙÙÙ 1/2/1997 0.90 7,103.75 11/30/2018 Mul�ple Asset Alloca�on % Cash 1.4 US Equity 6.4 Non­US Equity 92.3 Total 100.0 Holdings­Based Style Map Micro Small Mid Large Giant Deep­Val Core­Val Core Core­Grth High­Grth MFS Interna�onal Growth I 11/30/2018 MSCI ACWI Ex USA Growth NR USD 12/31/2018 US Fund Foreign Large Growth 12/31/2018 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le MFS Interna�onal Growth I MSCI ACWI Ex USA Growth NR USD US Fund Foreign Large Growth ­8.86 ­8.86 7.41 3.35 8.62 ­14.17 ­14.17 3.15 1.28 7.50 ­14.43 ­14.43 4.19 1.69 7.15 1 1 1 1 1 2 2 2 2 3 2 2 2 2 2 Rolling Returns Time Period: 1/1/2014 to 12/31/2018 Peer Group (5­95%): Open End Funds ­ U.S. ­ Foreign Large Growth Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: MSCI ACWI Ex USA Growth NR USD 01 02 03 04 05 06 07 08 09 10 11 12 2018 01 02 03 04 05 06 07 08 09 10 11 12 ­5.0 0.0 5.0 10.0 15.0 MFS Interna�onal Growth I MSCI ACWI Ex USA Growth NR USDReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Open End Funds ­ U.S. ­ Foreign Large Growth ­25.0 ­20.0 ­15.0 ­10.0 ­5.0 YTD 1 year 3 years 5 years 10 years 0.0 5.0 10.0 15.0 MFS Interna�onal Growth I MSCI ACWI Ex USA Growth NR USD US Fund Foreign Large Growth ReturnReturns As of Date: 12/31/2018 Calcula�on Benchmark: MSCI ACWI Ex USA Growth NR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years ­25.0 ­20.0 ­15.0 ­10.0 ­5.0 0.0 5.0 10.0 15.0 ­11.7­8.9­8.97.43.48.6­12.2­14.4­14.44.21.77.1­13.9­14.2­14.23.21.37.5MFS Interna�onal Growth I MSCI ACWI Ex USA Growth NR USD US Fund Foreign Large Growth ReturnRisk­Reward Time Period: 1/1/2014 to 12/31/2018 Peer Group (5­95%): Open End Funds ­ U.S. ­ Foreign Large Growth Calcula�on Benchmark: MSCI ACWI Ex USA Growth NR USD Std Dev 0.0 3.0 6.0 9.0 12.0 15.0 18.0 ­2.0 0.0 2.0 4.0 6.0 ReturnMFS Interna�onal Growth I ­ Risk Time Period: 1/1/2014 to 12/31/2018 Calcula�on Benchmark: MSCI ACWI Ex USA Growth NR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 3.35 11.49 1.67 1.69 0.94 94.22 0.23 2.84 1.69 11.79 0.00 0.00 1.00 100.00 0.09 0.00 Monthly Es�mated Fund­Level Net Flow Time Period: 1/1/2014 to 12/31/2018 2014 2016 2018 ­400M ­200M 0M 200M 400M MFS Interna�onal Growth I US Fund Foreign Large Growth Es�mated Fund­ L e v e l N e t F l o w Monthly Return Source: Morningstar Direct, as of December 31, 2018 Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. 29 MFS Global Equity R6 MWEMX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund World Large Stock ÙÙÙ 6/1/2012 0.83 2,682.67 11/30/2018 Mul�ple Asset Alloca�on % Cash 0.6 US Equity 55.2 Non­US Equity 44.2 Total 100.0 Holdings­Based Style Map Micro Small Mid Large Giant Deep­Val Core­Val Core Core­Grth High­Grth MFS Global Equity R6 11/30/2018 MSCI World NR USD 12/31/2018 US Fund World Large Stock 12/31/2018 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le MFS Global Equity R6 MSCI ACWI NR USD US Fund World Large Stock ­9.70 ­9.70 5.85 ­9.42 ­9.42 3.65 6.60 9.23 4.26 9.46 ­9.51 ­9.51 6.44 4.36222 2 2 2 2 2 2 2 2 2 3 3 Rolling Returns Time Period: 1/1/2014 to 12/31/2018 Peer Group (5­95%): Open End Funds ­ U.S. ­ World Large Stock Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: MSCI World NR USD 01 02 03 04 05 06 07 08 09 10 11 12 2018 01 02 03 04 05 06 07 08 09 10 11 12 0.0 5.0 10.0 15.0 MFS Global Equity R6 MSCI World NR USDReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Open End Funds ­ U.S. ­ World Large Stock ­20.0 ­15.0 ­10.0 ­5.0 0.0 YTD 1 year 3 years 5 years 10 years 5.0 10.0 15.0 MFS Global Equity R6 MSCI World NR USD US Fund World Large Stock ReturnReturns As of Date: 12/31/2018 Calcula�on Benchmark: MSCI ACWI NR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years ­20.0 ­15.0 ­10.0 ­5.0 0.0 5.0 10.0 15.0 ­12.1­9.5­9.56.44.4­12.8­9.4­9.46.64.39.5­12.9­9.7­9.75.83.79.2MFS Global Equity R6 MSCI ACWI NR USD US Fund World Large Stock ReturnRisk­Reward Time Period: 1/1/2014 to 12/31/2018 Peer Group (5­95%): Open End Funds ­ U.S. ­ World Large Stock Calcula�on Benchmark: MSCI ACWI NR USD Std Dev 0.0 3.0 6.0 9.0 12.0 15.0 18.0 ­1.0 1.0 3.0 5.0 7.0 9.0 ReturnMFS Global Equity R6 ­ Risk Time Period: 1/1/2014 to 12/31/2018 Calcula�on Benchmark: MSCI World NR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 4.56 10.77 0.00 0.00 1.00 100.00 0.36 0.00 4.36 11.07 1.76 ­0.15 1.00 94.45 0.33 2.61 Monthly Es�mated Fund­Level Net Flow Time Period: 1/1/2014 to 12/31/2018 2014 2016 2018 ­200M ­100M 0M 100M 200M MFS Global Equity R6 US Fund World Large Stock Es�mated Fund­ L e v e l N e t F l o w Monthly Return Source: Morningstar Direct, as of December 31, 2018 Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. 30 T. Rowe Price New Horizons I PRJIX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Mid­Cap Growth ÙÙÙÙÙ 8/28/2015 0.65 23,325.03 9/30/2018 Henry M. Ellenbogen Asset Alloca�on % Cash 5.5 US Equity 81.6 Non­US Equity 12.7 US Bond 0.1 Other 0.0 Total 100.0 Holdings­Based Style Map Micro Small Mid Large Giant Deep­Val Core­Val Core Core­Grth High­Grth T. Rowe Price New Horizons I 9/30/2018 Russell 2000 Growth TR USD 12/31/2018 US Fund Mid­Cap Growth 12/31/2018 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le T. Rowe Price New Horizons I Russell Mid Cap Growth TR USD US Fund Mid­Cap Growth ­4.75 ­4.75 8.59 7.42 15.12 ­6.65 ­6.65 7.11 5.38 12.74 4.17 4.17 13.9811 1 2 2 2 1 1 3 3 3 3 3 Rolling Returns Time Period: 1/1/2014 to 12/31/2018 Peer Group (5­95%): Open End Funds ­ U.S. ­ Mid­Cap Growth Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: Russell 2000 Growth TR USD 01 02 03 04 05 06 07 08 09 10 11 12 2018 01 02 03 04 05 06 07 08 09 10 11 12 5.0 10.0 15.0 20.0 25.0 T. Rowe Price New Horizons I Russell 2000 Growth TR USDReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Open End Funds ­ U.S. ­ Mid­Cap Growth ­20.0 ­15.0 ­10.0 ­5.0 0.0 YTD 1 year 3 years 5 years 10 years 5.0 10.0 15.0 20.0 T. Rowe Price New Horizons I Russell 2000 Growth TR USD US Fund Mid­Cap Growth ReturnReturns As of Date: 12/31/2018 Calcula�on Benchmark: Russell Mid Cap Growth TR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years ­30.0 ­22.5 ­15.0 ­7.5 0.0 7.5 15.0 22.5 ­17.04.24.214.0­16.0­4.8­4.88.67.415.1­17.6­6.6­6.67.15.412.7T. Rowe Price New Horizons I Russell Mid Cap Growth TR USD US Fund Mid­Cap Growth ReturnRisk­Reward Time Period: 1/1/2014 to 12/31/2018 Peer Group (5­95%): Open End Funds ­ U.S. ­ Mid­Cap Growth Calcula�on Benchmark: Russell Mid Cap Growth TR USD Std Dev 0.0 3.0 6.0 9.0 12.0 15.0 18.0 21.0 0.0 2.0 4.0 6.0 8.0 10.0 12.0 ReturnT. Rowe Price New Horizons I ­ Risk Time Period: 1/1/2014 to 12/31/2018 Calcula�on Benchmark: Russell 2000 Growth TR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 5.13 16.30 0.00 0.00 1.00 100.00 0.27 0.00 Monthly Es�mated Fund­Level Net Flow Time Period: 8/1/2015 to 12/31/2018 2015 2016 2017 2018 ­400M ­200M 0M 200M 400M T. Rowe Price New Horizons I US Fund Mid­Cap Growth Es�mated Fund­ L e v e l N e t F l o w Monthly Return Source: Morningstar Direct, as of December 31, 2018 Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. 31 T. Rowe Price Growth Stock I PRUFX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Large Growth ÙÙÙÙ 8/28/2015 0.52 50,273.64 9/30/2018 Joseph B. Fath Asset Alloca�on % Cash 0.0 US Equity 93.4 Non­US Equity 6.4 Other 0.2 Total 100.0 Holdings­Based Style Map Micro Small Mid Large Giant Deep­Val Core­Val Core Core­Grth High­Grth T. Rowe Price Growth Stock I 9/30/2018 S&P 500 TR USD 12/31/2018 US Fund Large Growth 12/31/2018 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le T. Rowe Price Growth Stock I Russell 1000 Growth TR USD US Fund Large Growth ­0.89 ­0.89 ­2.18 ­2.18 8.87 10.45 8.03 13.19 ­1.51 ­1.51 11.15 10.40 15.29 2 2 1 2 2 1 1 1 3 3 3 3 3 Rolling Returns Time Period: 1/1/2014 to 12/31/2018 Peer Group (5­95%): Open End Funds ­ U.S. ­ Large Growth Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: S&P 500 TR USD 01 02 03 04 05 06 07 08 09 10 11 12 2018 01 02 03 04 05 06 07 08 09 10 11 12 5.0 10.0 15.0 20.0 T. Rowe Price Growth Stock I S&P 500 TR USDReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Open End Funds ­ U.S. ­ Large Growth ­10.0 ­5.0 0.0 5.0 10.0 YTD 1 year 3 years 5 years 10 years 15.0 20.0 T. Rowe Price Growth Stock I S&P 500 TR USD US Fund Large Growth ReturnReturns As of Date: 12/31/2018 Calcula�on Benchmark: Russell 1000 Growth TR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years ­25.0 ­20.0 ­15.0 ­10.0 ­5.0 0.0 5.0 10.0 15.0 20.0 25.0 ­14.1 ­0.9 ­0.9 10.5 ­15.9 ­1.5 ­1.5 11.1 10.4 15.3 ­15.4 ­2.2 ­2.2 8.9 8.0 13.2 T. Rowe Price Growth Stock I Russell 1000 Growth TR USD US Fund Large Growth ReturnRisk­Reward Time Period: 1/1/2014 to 12/31/2018 Peer Group (5­95%): Open End Funds ­ U.S. ­ Large Growth Calcula�on Benchmark: Russell 1000 Growth TR USD Std Dev 0.0 3.0 6.0 9.0 12.0 15.0 18.0 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 ReturnT. Rowe Price Growth Stock I ­ Risk Time Period: 1/1/2014 to 12/31/2018 Calcula�on Benchmark: S&P 500 TR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 8.49 10.94 0.00 0.00 1.00 100.00 0.71 0.00 Monthly Es�mated Fund­Level Net Flow Time Period: 8/1/2015 to 12/31/2018 2016 2017 2018 ­2,250M ­1,500M ­750M 0M 750M T. Rowe Price Growth Stock I US Fund Large Growth Es�mated Fund­ L e v e l N e t F l o w Monthly Return Source: Morningstar Direct, as of December 31, 2018 Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. 32 PGIM Total Return Bond R6 PTRQX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Intermediate­Term Bond ÙÙÙÙÙ 12/27/2010 0.41 36,310.24 12/31/2018 Mul�ple PGIM Total Return Bond R6 ­ Fixed­Inc Sectors (Morningsta Por�olio Date: 12/31/2018 % Government 5.8 Government Related 59.6 Municipal Taxable 0.3 Bank Loan 0.4 Corporate Bond 14.7 Agency Mortgage­Backed 0.7 Non­Agency Residen�al Mortgage­Backed 0.6 Commercial Mortgage­Backed 5.1 Asset­Backed 11.8 Cash & Equivalents 0.5 Other 0.3 Total 100.0 Morningstar Style Box ­ PGIM Total Return Bond R6 Por�olio Date: 12/31/2018 Morningstar Fixed Income Style Box™High Med Low Ltd Mod Ext Fixed­Income Stats Average Eff Dura�on 6.2 Average Eff Maturity ­ Average Coupon ­ Average Price ­ YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le PGIM Total Return Bond R6 BBgBarc US Agg Bond TR USD US Fund Intermediate­Term Bond ­0.63 ­0.63 3.59 3.59 0.01 0.01 2.06 2.52 3.48 ­0.52 ­0.52 2.14 2.24 4.29 3 3 1 1 1 1 3 2 4 2 2 2 3 3 Rolling Returns Time Period: 1/1/2014 to 12/31/2018 Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: BBgBarc US Agg Bond TR USD 01 02 03 04 05 06 07 08 09 10 11 12 2018 01 02 03 04 05 06 07 08 09 10 11 12 1.0 2.0 3.0 4.0 5.0 PGIM Total Return Bond R6 BBgBarc US Agg Bond TR USD US Fund Intermediate­Term BondReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Open End Funds ­ U.S. ­ Intermediate­Term Bond Calcula�on Benchmark: BBgBarc US Agg Bond TR USD ­4.0 ­2.0 0.0 2.0 4.0 YTD 1 year 3 years 5 years 10 years 6.0 8.0 PGIM Total Return Bond R6 BBgBarc US Agg Bond TR USD US Fund Intermediate­Term Bond ReturnReturns As of Date: 12/31/2018 Calcula�on Benchmark: BBgBarc US Agg Bond TR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years ­1.5 ­0.8 0.0 0.8 1.5 2.3 3.0 3.8 4.5 5.3 1.4 ­0.6 ­0.6 3.6 3.6 1.6 0.0 0.0 2.1 2.5 3.5 0.9 ­0.5 ­0.5 2.1 2.2 4.3 PGIM Total Return Bond R6 BBgBarc US Agg Bond TR USD US Fund Intermediate­Term Bond ReturnRisk­Reward Time Period: 1/1/2014 to 12/31/2018 Std Dev 0.0 1.0 2.0 3.0 4.0 0.0 1.0 2.0 3.0 4.0 5.0 ReturnPGIM Total Return Bond R6 ­ Risk Time Period: 1/1/2014 to 12/31/2018 Calcula�on Benchmark: BBgBarc US Agg Bond TR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Informa�on Ra�o (geo) Tracking Error 3.59 3.22 0.58 0.88 1.10 90.32 1.00 1.05 2.52 2.79 0.00 0.00 1.00 100.00 0.00 Monthly Es�mated Fund­Level Net Flow Time Period: 1/1/2014 to 12/31/2018 2014 2016 2018 ­750M 0M 750M 1,500M 2,250M PGIM Total Return Bond R6 Source: Morningstar Direct, as of December 31, 2018. Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. 33 PIMCO Total Return Instl PTTRX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Intermediate­Term Bond ÙÙÙÙ 5/11/1987 0.55 65,630.90 9/30/2018 Mul�ple PIMCO Total Return Instl ­ Fixed­Inc Sectors (Morningstar) Por�olio Date: 9/30/2018 % Government 5.0 Government Related 27.2 Bank Loan 0.3 Corporate Bond 9.5 Agency Mortgage­Backed 21.8 Non­Agency Residen�al Mortgage­Backed 1.8 Asset­Backed 5.3 Cash & Equivalents 15.0 Swap 1.3 Forward/Future 11.8 Other 1.0 Total 100.0 Morningstar Style Box ­ PIMCO Total Return Instl Por�olio Date: 9/30/2018 Morningstar Fixed Income Style Box™ Not Available Fixed­Income Stats Average Eff Dura�on 4.7 Average Eff Maturity 5.7 Average Coupon 4.1 Average Price 105.4 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le PIMCO Total Return Instl BBgBarc US Agg Bond TR USD US Fund Intermediate­Term Bond ­0.26 ­0.26 2.47 2.56 4.71 0.01 0.01 2.06 2.52 3.48 ­0.52 ­0.52 2.14 2.24 4.29 2 2 2 2 2 1 1 3 2 4 2 2 2 3 3 Rolling Returns Time Period: 1/1/2014 to 12/31/2018 Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: BBgBarc US Agg Bond TR USD 01 02 03 04 05 06 07 08 09 10 11 12 2018 01 02 03 04 05 06 07 08 09 10 11 12 0.8 1.5 2.3 3.0 3.8 PIMCO Total Return Instl BBgBarc US Agg Bond TR USD US Fund Intermediate­Term BondReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Open End Funds ­ U.S. ­ Intermediate­Term Bond Calcula�on Benchmark: BBgBarc US Agg Bond TR USD ­4.0 ­2.0 0.0 2.0 4.0 YTD 1 year 3 years 5 years 10 years 6.0 8.0 PIMCO Total Return Instl BBgBarc US Agg Bond TR USD US Fund Intermediate­Term Bond ReturnReturns As of Date: 12/31/2018 Calcula�on Benchmark: BBgBarc US Agg Bond TR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years ­1.5 ­0.8 0.0 0.8 1.5 2.3 3.0 3.8 4.5 5.3 1.4 ­0.3 ­0.3 2.5 2.6 4.7 1.6 0.0 0.0 2.1 2.5 3.5 0.9 ­0.5 ­0.5 2.1 2.2 4.3 PIMCO Total Return Instl BBgBarc US Agg Bond TR USD US Fund Intermediate­Term Bond ReturnRisk­Reward Time Period: 1/1/2014 to 12/31/2018 Std Dev 0.0 1.0 2.0 3.0 4.0 0.0 1.0 2.0 3.0 4.0 ReturnPIMCO Total Return Instl ­ Risk Time Period: 1/1/2014 to 12/31/2018 Calcula�on Benchmark: BBgBarc US Agg Bond TR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Informa�on Ra�o (geo) Tracking Error 2.56 2.92 1.06 0.17 0.93 79.06 0.03 1.36 2.52 2.79 0.00 0.00 1.00 100.00 0.00 Monthly Es�mated Fund­Level Net Flow Time Period: 1/1/2014 to 12/31/2018 2014 2016 2018 ­40,000M ­20,000M 0M 20,000M PIMCO Total Return Instl Source: Morningstar Direct, as of December 31, 2018. Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. 34 AQR Equity Market Neutral R6 QMNRX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Market Neutral ÙÙ 10/7/2014 2.11 1,113.13 9/30/2018 Mul�ple Correla�on Matrix Time Period: 11/1/2014 to 12/31/2018 1 2 3 1.00 0.24 1.00 ­0.11 ­0.18 1.00 1 AQR Equity Market Neutral R6 2 BBgBarc US Agg Bond TR USD 3 S&P 500 TR (1989) 1.00 to 0.80 0.80 to 0.60 0.60 to 0.40 0.40 to 0.20 0.20 to 0.00 0.00 to ­0.20 ­0.20 to ­0.40 ­0.40 to ­0.60 ­0.60 to ­0.80 ­0.80 to ­1.00 Return Distribu�on - AQR Equity Market Neutral R6 Time Period: Since Incep�on to 12/31/2018 ­6.0 ­5.0 ­4.0 ­3.0 ­2.0 ­1.0 0.0 1.0 2.0 3.0 4.0 5.0 6.0 0.0 4.0 8.0 12.0 16.0 20.0 24.0 28.0 AQR Equity Market Neutral R6 US Fund Market NeutralNumber of PeriodsYTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le AQR Equity Market Neutral R6 US Fund Market Neutral ­11.65 ­11.65 ­0.33 ­0.74 ­0.74 1.20 0.79 0.27 4 4 3 3 3 3 3 3 Drawdown Time Period: 1/1/2014 to 12/31/2018 2014 2015 2016 2017 2018 ­20.0 ­15.0 ­10.0 ­5.0 0.0 AQR Equity Market Neutral R6 US Fund Market Neutral Performance Rela�ve to Peer Group Peer Group (5­95%): Open End Funds ­ U.S. ­ Market Neutral ­12.5 ­10.0 ­7.5 ­5.0 ­2.5 YTD 1 year 3 years 5 years 10 years 0.0 2.5 5.0 7.5 10.0 AQR Equity Market Neutral R6 US Fund Market Neutral ReturnReturns As of Date: 12/31/2018 Calcula�on Benchmark: US Fund Market Neutral Quarter YTD 1 Year 3 Years 5 Years 10 Years ­14.0 ­12.0 ­10.0 ­8.0 ­6.0 ­4.0 ­2.0 0.0 2.0 4.0 ­1.8 ­11.7 ­11.7 ­0.3­0.5 ­0.7 ­0.7 1.2 0.8 0.3 AQR Equity Market Neutral R6 US Fund Market Neutral ReturnRisk-Reward Time Period: 1/1/2016 to 12/31/2018 Std Dev 0.0 2.0 4.0 6.0 8.0 10.0 ­4.0 ­2.0 0.0 2.0 4.0 6.0 8.0 AQR Equity Market Neutral R6 US Fund Market NeutralReturn AQR Equity Market Neutral R6 - Risk Time Period: Since Incep�on to 12/31/2018 Calcula�on Benchmark: US Fund Market Neutral Inv Bmk1 +/­ Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 0.90 1.31 0.00 0.00 1.00 100.00 0.07 0.00 4.89 6.67 3.68 4.00 1.91 14.56 0.61 6.38 3.99 5.36 3.68 4.00 0.91 ­85.44 0.54 6.38 Monthly Es�mated Fund-Level Net Flow Time Period: 10/1/2014 to 12/31/2018 2016 2018 ­200M 0M 200M 400M AQR Equity Market Neutral R6 Es�mated Fund­ L e v e l Monthly Return Source: Morningstar Direct, as of December 31, 2018. Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. 35 American Funds New Perspec�ve R6 RNPGX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund World Large Stock ÙÙÙÙ 5/1/2009 0.45 78,214.71 12/31/2018 Mul�ple Asset Alloca�on % Cash 3.9 US Equity 51.8 Non­US Equity 42.9 US Bond 1.3 Other 0.0 Total 100.0 Holdings­Based Style Map Micro Small Mid Large Giant Deep­Val Core­Val Core Core­Grth High­Grth American Funds New Perspec�ve R6 12/31/2018 MSCI ACWI NR USD 12/31/2018 US Fund World Large Stock 12/31/2018 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le American Funds New Perspec�ve R6 MSCI ACWI NR USD US Fund World Large Stock ­5.56 ­5.56 7.66 6.42 ­9.42 ­9.42 6.60 4.26 9.46 ­9.70 ­9.70 5.85 3.65 9.23 1 1 1 1 2 2 2 2 2 2 2 2 3 3 Rolling Returns Time Period: 1/1/2014 to 12/31/2018 Peer Group (5­95%): Open End Funds ­ U.S. ­ World Large Stock Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: MSCI ACWI NR USD 01 02 03 04 05 06 07 08 09 10 11 12 2018 01 02 03 04 05 06 07 08 09 10 11 12 0.0 5.0 10.0 15.0 20.0 American Funds New Perspec�ve R6 MSCI ACWI NR USDReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Open End Funds ­ U.S. ­ World Large Stock ­20.0 ­15.0 ­10.0 ­5.0 0.0 YTD 1 year 3 years 5 years 10 years 5.0 10.0 15.0 American Funds New Perspec�ve R6 MSCI ACWI NR USD US Fund World Large Stock ReturnReturns As of Date: 12/31/2018 Calcula�on Benchmark: MSCI ACWI NR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years ­20.0 ­15.0 ­10.0 ­5.0 0.0 5.0 10.0 15.0 ­13.1­5.6­5.67.76.4­12.8­9.4­9.46.64.39.5­12.9­9.7­9.75.83.79.2American Funds New Perspec�ve R6 MSCI ACWI NR USD US Fund World Large Stock ReturnRisk­Reward Time Period: 1/1/2014 to 12/31/2018 Peer Group (5­95%): Open End Funds ­ U.S. ­ World Large Stock Calcula�on Benchmark: MSCI ACWI NR USD Std Dev 0.0 3.0 6.0 9.0 12.0 15.0 18.0 ­1.0 1.0 3.0 5.0 7.0 9.0 ReturnAmerican Funds New Perspec�ve R6 ­ Risk Time Period: 1/1/2014 to 12/31/2018 Calcula�on Benchmark: MSCI ACWI NR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 4.26 10.87 0.00 0.00 1.00 100.00 0.33 0.00 6.42 11.11 1.96 2.17 0.98 91.85 0.52 3.19 Monthly Es�mated Fund­Level Net Flow Time Period: 1/1/2014 to 12/31/2018 2014 2016 2018 ­1,000M ­500M 0M 500M American Funds New Perspec�ve R6 US Fund World Large Stock Es�mated Fund­ L e v e l N e t F l o w Monthly Return Source: Morningstar Direct, as of December 31, 2018 Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. 36 Columbia Contrarian Core Inst SMGIX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Large Blend ÙÙÙÙ 12/14/1992 0.77 9,357.57 12/31/2018 Guy W. Pope Asset Alloca�on % Cash 0.0 US Equity 98.3 Non­US Equity 1.7 Total 100.0 Holdings­Based Style Map Micro Small Mid Large Giant Deep­Val Core­Val Core Core­Grth High­Grth Columbia Contrarian Core Inst 12/31/2018 Russell 1000 TR USD 12/31/2018 US Fund Large Blend 12/31/2018 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le Columbia Contrarian Core Inst Russell 1000 TR USD US Fund Large Blend ­6.24 ­6.24 7.52 ­4.78 ­4.78 6.28 9.09 11.43 8.21 13.28 ­8.97 ­8.97 6.37 6.96 13.554442 1 2 2 1 1 1 3 3 3 3 3 Rolling Returns Time Period: 1/1/2014 to 12/31/2018 Peer Group (5­95%): Open End Funds ­ U.S. ­ Large Blend Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: Russell 1000 TR USD 01 02 03 04 05 06 07 08 09 10 11 12 2018 01 02 03 04 05 06 07 08 09 10 11 12 5.0 10.0 15.0 20.0 Columbia Contrarian Core Inst Russell 1000 TR USDReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Open End Funds ­ U.S. ­ Large Blend ­15.0 ­10.0 ­5.0 0.0 5.0 YTD 1 year 3 years 5 years 10 years 10.0 15.0 Columbia Contrarian Core Inst Russell 1000 TR USD US Fund Large Blend ReturnReturns As of Date: 12/31/2018 Calcula�on Benchmark: Russell 1000 TR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years ­25.0 ­20.0 ­15.0 ­10.0 ­5.0 0.0 5.0 10.0 15.0 20.0 ­14.8­9.0­9.06.47.013.5­13.8­4.8­4.89.18.213.3­13.5­6.2­6.27.56.311.4Columbia Contrarian Core Inst Russell 1000 TR USD US Fund Large Blend ReturnRisk­Reward Time Period: 1/1/2014 to 12/31/2018 Peer Group (5­95%): Open End Funds ­ U.S. ­ Large Blend Calcula�on Benchmark: Russell 1000 TR USD Std Dev 0.0 3.0 6.0 9.0 12.0 15.0 0.0 2.0 4.0 6.0 8.0 10.0 ReturnColumbia Contrarian Core Inst ­ Risk Time Period: 1/1/2014 to 12/31/2018 Calcula�on Benchmark: Russell 1000 TR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 6.96 8.21 11.21 11.01 1.75 0.00 ­1.16 1.00 0.00 96.50 1.00 0.56 100.00 2.11 0.68 0.00 Monthly Es�mated Fund­Level Net Flow Time Period: 1/1/2014 to 12/31/2018 2014 2016 2018 ­500M ­250M 0M 250M 500M Columbia Contrarian Core Inst US Fund Large Blend Es�mated Fund­ L e v e l N e t F l o w Monthly Return Source: Morningstar Direct, as of December 31, 2018 Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. 37 Undiscovered Managers Behavioral Val L UBVLX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Small Value ÙÙÙÙÙ 12/28/1998 0.78 5,115.40 11/30/2018 Mul�ple Asset Alloca�on % Cash 0.3 US Equity 98.8 Non­US Equity 0.4 Other 0.4 Total 100.0 Holdings­Based Style Map Micro Small Mid Large Giant Deep­Val Core­Val Core Core­Grth High­Grth Undiscovered Managers Behavioral Val L 11/30/2018 Russell 2000 Value TR USD 12/31/2018 US Fund Small Value 12/31/2018 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le Undiscovered Managers Behavioral Val L Russell 2000 Value TR USD US Fund Small Value ­12.86 ­12.86 7.37 3.61 10.40 ­15.27 ­15.27 5.11 4.89 14.79 ­15.38 ­15.38 5.10 2.20 10.66 2 2 2 1 1 1 1 1 1 3 2 2 2 3 3 Rolling Returns Time Period: 1/1/2014 to 12/31/2018 Peer Group (5­95%): Open End Funds ­ U.S. ­ Small Value Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: Russell 2000 Value TR USD 01 02 03 04 05 06 07 08 09 10 11 12 2018 01 02 03 04 05 06 07 08 09 10 11 12 5.0 10.0 15.0 20.0 Undiscovered Managers Behavioral Val L Russell 2000 Value TR USDReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Open End Funds ­ U.S. ­ Small Value ­25.0 ­20.0 ­15.0 ­10.0 ­5.0 YTD 1 year 3 years 5 years 10 years 0.0 5.0 10.0 15.0 Undiscovered Managers Behavioral Val L Russell 2000 Value TR USD US Fund Small Value ReturnReturns As of Date: 12/31/2018 Calcula�on Benchmark: Russell 2000 Value TR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years ­37.5 ­30.0 ­22.5 ­15.0 ­7.5 0.0 7.5 15.0 22.5 ­20.4­15.3­15.35.14.914.8­18.7­12.9­12.97.43.610.4­19.2­15.4­15.45.12.210.7Undiscovered Managers Behavioral Val L Russell 2000 Value TR USD US Fund Small Value ReturnRisk­Reward Time Period: 1/1/2014 to 12/31/2018 Peer Group (5­95%): Open End Funds ­ U.S. ­ Small Value Calcula�on Benchmark: Russell 2000 Value TR USD Std Dev 0.0 3.0 6.0 9.0 12.0 15.0 18.0 21.0 ­4.0 ­2.0 0.0 2.0 4.0 6.0 8.0 ReturnUndiscovered Managers Behavioral Val L ­ Risk Time Period: 1/1/2014 to 12/31/2018 Calcula�on Benchmark: Russell 2000 Value TR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 3.614.89 15.18 0.00 13.76 4.01 0.00 1.00 100.00 0.19 0.00 1.66 0.85 87.22 0.31 5.45 Monthly Es�mated Fund­Level Net Flow Time Period: 1/1/2014 to 12/31/2018 2014 2016 2018 ­500M ­250M 0M 250M 500M Undiscovered Managers Behavioral Val L US Fund Small Value Es�mated Fund­ L e v e l N e t F l o w Monthly Return Source: Morningstar Direct, as of December 31, 2018 Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. 38 Vanguard Growth & Income Adm VGIAX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Large Blend ÙÙÙÙ 5/14/2001 0.23 9,746.98 9/30/2018 Mul�ple Asset Alloca�on % Cash 2.5 US Equity 97.0 Non­US Equity 0.5 US Bond 0.0 Other 0.0 Total 100.0 Holdings­Based Style Map Micro Small Mid Large Giant Deep­Val Core­Val Core Core­Grth High­Grth Vanguard Growth & Income Adm 9/30/2018 S&P 500 TR USD 12/31/2018 US Fund Large Blend 12/31/2018 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le Vanguard Growth & Income Adm Russell 1000 TR USD US Fund Large Blend ­4.78 ­4.78 ­4.61 ­4.61 9.09 8.91 8.21 8.52 13.28 12.92 ­6.24 ­6.24 7.52 6.28 11.43 1 1 1 1 1 2 2 1 1 1 3 3 3 3 3 Rolling Returns Time Period: 1/1/2014 to 12/31/2018 Peer Group (5­95%): Open End Funds ­ U.S. ­ Large Blend Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: S&P 500 TR USD 01 02 03 04 05 06 07 08 09 10 11 12 2018 01 02 03 04 05 06 07 08 09 10 11 12 7.5 10.0 12.5 15.0 17.5 Vanguard Growth & Income Adm S&P 500 TR USDReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Open End Funds ­ U.S. ­ Large Blend ­15.0 ­10.0 ­5.0 0.0 5.0 YTD 1 year 3 years 5 years 10 years 10.0 15.0 Vanguard Growth & Income Adm S&P 500 TR USD US Fund Large Blend ReturnReturns As of Date: 12/31/2018 Calcula�on Benchmark: Russell 1000 TR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years ­25.0 ­20.0 ­15.0 ­10.0 ­5.0 0.0 5.0 10.0 15.0 20.0 ­14.2­4.6­4.68.98.512.9­13.8­4.8­4.89.18.213.3­13.5­6.2­6.27.56.311.4Vanguard Growth & Income Adm Russell 1000 TR USD US Fund Large Blend ReturnRisk­Reward Time Period: 1/1/2014 to 12/31/2018 Peer Group (5­95%): Open End Funds ­ U.S. ­ Large Blend Calcula�on Benchmark: Russell 1000 TR USD Std Dev 0.0 3.0 6.0 9.0 12.0 15.0 0.0 2.0 4.0 6.0 8.0 10.0 ReturnVanguard Growth & Income Adm ­ Risk Time Period: 1/1/2014 to 12/31/2018 Calcula�on Benchmark: S&P 500 TR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 8.52 10.91 8.49 0.66 10.94 0.00 0.07 0.99 99.22 0.00 0.72 0.97 1.00 100.00 0.71 0.00 Monthly Es�mated Fund­Level Net Flow Time Period: 1/1/2014 to 12/31/2018 2014 2016 2018 ­750M 0M 750M 1,500M 2,250M Vanguard Growth & Income Adm US Fund Large Blend Es�mated Fund­ L e v e l N e t F l o w Monthly Return Source: Morningstar Direct, as of December 31, 2018 Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. 39 RECOMMENDATION(S): ADOPT Resolution No. 2019/57, approving the attached three side letters, dated February 8, 2019, between Contra Costa County and the Deputy Sheriffs Association: Rank and File Unit to modify Section 2 – Association Security of the Memorandum of Understanding pursuant to AB 119, SB 866 and the Janus Supreme Court decision. Management Unit to modify Section 2 – Association Security of the Memorandum of Understanding pursuant to AB 119, SB 866 and the Janus Supreme Court decision. Probation and Probation Supervisors Units to modify Section 2 – Association Security, Section 44.5 - Temporary Employee Grievances and delete Section 44.6 – APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/26/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Diane Burgis, District III 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: David Livingston, Sheriff-Coroner, Dianne Dinsmore, Human Resources Director C. 89 To:Board of Supervisors From:David Twa, County Administrator Date:February 26, 2019 Contra Costa County Subject:Resolution No. 2019/57 - Deputy Sheriffs Association Side Letters to Modify MOUs Pursuant to AB 119, SB 866 and Janus Supreme Court Decision RECOMMENDATION(S): (CONT'D) Association Dues of the Memorandum of Understanding pursuant to AB 119, SB 866 and the Janus Supreme Court decision. FISCAL IMPACT: This change to the administrative process has no direct fiscal impact. BACKGROUND: AB 119, which mandates union access to new employee orientations, was passed on June 27, 2017 and took effect immediately. The bill places an affirmative burden on public agencies to immediately begin doing three things: Providing 10 days advance notice of any new employee orientation (Gov. Code §3556);1. Providing to the union the name, job title, department, work location, work, home, personal cellular telephone number, personal email address, and home address of any new employee within 30 days of hire or by the first pay period of the month following hire (Gov. Code §3558); 2. Providing to the union the information in #2 every 120 days for all employees (Gov. Code §3558).3. Several of our bargaining groups, including the Deputy Sheriffs Association requested that the County bargain over the structure, time, and manner of access of the union to a new employee orientation. Janus v. American Federation of State, County, and Municipal Employees, Council 31 was decided by the United States Supreme Court in June of 2018. The decision declared “agency shop” provisions unconstitutional, which required a public sector employee to pay dues to either join a union or pay a service fee to the union as a condition of employment. As a result of this decision, the County may no longer collect service fees from non-union members as a condition of employment. The attached side letters update the MOUs to remove the agency shop provisions and update the dues deductions provisions of the MOUs to be consistent with the Janus decision. SB 866 was passed in June of 2018. SB 866 amended the Government Code to require public agencies to honor union requests to deduct union membership dues from employee wages, and to rely on union certifications that the union has and will maintain member dues authorizations (Gov. Code §§ 1152, 1157.3). The attached side letters update the MOUs to reflect this change in the law. The County and the Deputy Sheriffs Association Rank and File Unit and the Deputy Sheriffs Association Management Unit agree to incorporate the attached side letters into their respective Memorandums of Understanding, both titled Section 2 – Association Security. The Deputy Sheriffs Association Probation and Probation Supervisors Units agree to incorporate the attached side letter into Section 2 – Association Security of the Memorandum of Understanding. Section 44.5 – Temporary Grievances is being amended to remove references to agency shop. Section 44.6 – Association Dues is being removed in its entirety and will be covered under Section 2 – Association Security. CONSEQUENCE OF NEGATIVE ACTION: If the side letter of agreement is not approved, language regarding dues deductions and other association security will be inconsistent with current law until an alternative process is adopted. AGENDA ATTACHMENTS Resolution 2019/57 DSA Management Unit Side Letter dated 2-8-19 DSA Rank and File Unit Side Letter dated 2-8-19 DSA Probation and Probation Supervisors Units Side Letter dated 2-8-19 MINUTES ATTACHMENTS Signed Resolution No. 2019/57 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/26/2019 by the following vote: AYE:4 John Gioia Candace Andersen Karen Mitchoff Federal D. Glover NO: ABSENT:1 Diane Burgis ABSTAIN: RECUSE: Resolution No. 2019/57 In The Matter Of: Approving the Side Letters between Contra Costa County and the Deputy Sheriffs Association (DSA), Management Unit, Rank and File Unit, and Probation and Probation Supervisors Units to incorporate changes to Association Security, Temporary Employee Grievances, and Association Dues in the DSA Memoranda of Understanding. The Contra Costa County Board of Supervisors acting in its capacity as Governing Board of the County of Contra Costa and all districts of which it is the ex-officio governing Board RESOLVES THAT: Effective after approval by the Board of Supervisors, the three attached Side Letters of Agreement dated February 8, 2019, between Contra Costa County and the Deputy Sheriffs Association, Management Unit, Rank and File Unit, and Probation and Probation Supervisors Units 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: February 26, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: David Livingston, Sheriff-Coroner, Dianne Dinsmore, Human Resources Director