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HomeMy WebLinkAboutMINUTES - 12152009 - Full Minutes PacketCALENDAR 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 SUSAN A. BONILLA, CHAIR , 4th DISTRICT JOHN GIOIA, 1st DISTRICT GAYLE B. UILKEMA, 2nd DISTRICT MARY N. PIEPHO, 3rd DISTRICT FEDERAL D. GLOVER, 5th DISTRICT DAVID J. TWA, CLERK OF THE BOARD AND COUNTY ADMINISTRATOR, (925) 335-1900 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. AGENDA December 15, 2009            9:00 A.M. Convene and announcement adjournment to Closed Session in Room 101. Present: District I Supervisor John Gioia District II Supervisor Gayle B. Uilkema District III Supervisor Mary N. Piepho District IV Supervisor Susan A. Bonilla District V Supervisor Federal D. Glover Attendees: David J. Twa Closed Session Agenda : A. CONFERENCE WITH LABOR NEGOTIATORS 1. Agency Negotiators: Ted Cwiek and Keith Fleming. Employee Organizations: Contra Costa County Employees’ Assn., Local No. 1; Am. Fed., State, County, & Mun. Empl., Locals 512 and 2700; Calif. Nurses Assn.; Service Empl. Int’l Union, Local1021; District Attorney’s Investigators Assn.; Deputy Sheriffs Assn.; United Prof. Firefighters, Local 1230; Physicians’ & Dentists’ Org. of Contra Costa; Western Council of Engineers; United Chief Officers Assn.; Service Empl. Int’l Union United Health Care Workers West; East County Firefighters’ Assn.; Contra Costa County Defenders Assn.; Probation Peace Officers Assn. of Contra Costa County; Contra Costa County Deputy District Attorneys’ Assn.; and Prof. & Tech. Engineers, Local 21, AFL-CIO. 2. Agency Negotiators: David Twa and Keith Fleming. Unrepresented Employees: All unrepresented agency management employees. B. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Gov. Code, § 54956.9(a)) 1. Marita Mayer v. County of Contra Costa, C.C.C. Superior Court No. MSC 08-02630 2. Lugo, et. al., v. County of Contra Costa, et. al., C.C.C. Superior Court No. CIVMSN09-1117 3. Letha Hackett v. Christopher Farnitano C.C.C. Superior Court No. MSC 08-00368 C. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to Gov. Code, § 54956.9(c): One potential case.    County Counsel announced that from the Closed Session, a settlement agreement was approved in the matter of Lugo, et. al., v. County of Contra Costa, et. al., C.C.C. Superior Court No. CIVMSN09-1117, by unanimous vote, with all Supervisors present. The settlement recognizes the actions taken by the Board of Supervisor's in October 2009 to reinstate 17 employee positions in the General Assistance program in order to manage the significant influx of applications. The current economic recession has resulted in a backlog of applications too large for staff to process in the usual time period. The Board also authorized a simplified application procedure. The staff and the new application procedure are now in place. The petitioners pay will be retroactive to the appropriate date and they will be compensated for the delay in processing of their applications.   9:30 A.M. Call to order and opening ceremonies. Inspirational Thought - “What does love look like? It has the hands to help others. It has the feet to hasten to the poor and needy. It has eyes to see misery and want. It has the ears to hear the sighs and sorrows of men. That is what love looks like.” ~ Saint Augustine   CONSIDER CONSENT ITEMS (Items listed as C.1 through C. 103 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 this section will be considered with the Short Discussion Items.   PRESENTATIONS   PR.1 PRESENTATION on the results of the 2009 Countywide Combined Charities Campaign. (Silvano Marchesi, County Counsel)       Vote: 5 - 0 PR.2 PRESENTATION honoring County Counsel Silvano B. Marchesi upon the occasion of his retirement, for his 40 years of exemplary and dedicated service to Contra Costa County. (Supervisor Bonilla) (See C.20)    Vote: 5 - 0 PR.3 PRESENTATION to proclaim December 1, 2009 as World AIDS Day in Contra Costa County. (Supervisor Bonilla) (See C.13)    Mr. Douglas J. Hartsough, Hemophilia Foundation of Northern California accepted the proclamation.    Vote: 5 - 0 PR.4 PRESENTATION of the 2009 Chair of the Board Award to Mike van Hofwegen of the Michael Chavez Center for Economic Opportunity. (Supervisor Bonilla)    Vote: 5 - 0 PR.5 PRESENTATION by Supervisor Bonilla reviewing the Board's activities for 2009.       Vote: 5 - 0 SHORT DISCUSSIONS ITEMS   SD.1 PUBLIC COMMENT (3 Minutes/Speaker)    The following people spoke on the proposed reduction in pension benefits for In-Home Support Services employees: Daniel Villarosa, resident of Concord; Elba Lira, resident of Pittsburg; Hilda Martinez, resident of Antioch; Maria C. Reyes, resident of El Sobrante; Nina Soeganda, resident of Oakley; Suheir Khalaf, resident of San Pablo; Hardial Singh Mann, resident of Hercules; Ry Kumar Singh, resident of Hercules; Maria Ramirez, resident of Antioch; Martha Paz, resident of Pittsburg; Alfred Radovan, resident of Antioch; Rosa Cerda, resident of Pittsburg; Mark Siddall, resident of Bay Point; Fidel Lucero, resident of El Sobrante; Maria Munoz, resident of Pittsburg; Gladys Lopez, resident of Bay Point; Jimi Williams, resident of San Pablo; Westley Duffy, resident of Pittsburg; Eusebia Meijia, resident of San Pablo; and Mary Harms. Captain David R. Frey (U.S. Navy, Retired), requested that Contra Costa adopt the patient care model in which appointments are not set for dental patients: patients line up at the clinic to be seen for care on the day on which they arrive.   SD.2 CONSIDER Consent Items previously removed.   SD. 3 HEARING on the appeal of a decision by the Contra Costa County Health Services Department, Environmental Health Division, to deny a request for variance of the Contra Costa County Health Officer Regulations for well setback requirements and well protection requirements at 18615 Marsh Creek Road, Brentwood. (George S. Arata, Applicant & Owner) (Sherman Quinlan, Health Services Environmental Health)       Chair Bonilla opened the hearing and called for comment. The following people spoke: George Arata, Appellant; Ray Lochhead, resident of Brentwood; Verna Kruse, resident of Concord; Brian Kruse, resident of Brentwood; Troy Bristol, Save Mt. Diablo. Mr. Arata said he did not understand the all of the technical impacts of the requested variance, but did not wish to adversely affect his neighbors property in any way. The Environmental Health Division of Health Services will meet further Mr. Arata to resolve and clarify issues related to a variance for the well. Therefore, The Board: CONTINUED the open hearing to January 19, 2010 at 9:30 a.m.    Vote: 5 - 0 SD. 4 HEARING to consider adoption of Resolution No. 2009/559 approving new and revised fees for land development and other services. (Catherine Kutsuris, Conservation and Development Director)       ADOPTED the recommendations and Resolution No. 2009/559 as amended today to exclude affordable housing restrictions on rental units.    Vote: 5 - 0 SD. 5 HEARING to consider adoption of Ordinance No. 2009-34 establishing a $1 fee on each recorded document in order to implement and operate an electronic recording delivery system as recommended by the Clerk-Recorder. (Steve Weir, Clerk-Recorder)       Vote: 5 - 0  Vote: 5 - 0 SD. 6 HEARING to consider adoption of Resolution No. 2009/551 establishing a fee of $10 for recording and indexing the first page of every document required or permitted to be recorded. (Steve Weir, Clerk Recorder)       Vote: 5 - 0 SD. 7 CONSIDER adoption of Resolution No. 2009/583, approving the Side Letter Agreement between Contra Costa County and Public Employees Union, Local One regarding contract with The P.C. Professional Incorporation and approving and authorizing the Health Services Director, or designee, to execute the contract in an amount not to exceed $378,000 for the period from November 1, 2009 through October 31, 2010. (100% Enterprise I Fund) (Ted Cwiek, Human Resources Director)       Vote: 5 - 0 SD. 8 CONSIDER adopting the FY 2010/11 Recommended Budget development schedule. (David Twa, County Administrator)       Vote: 5 - 0 SD. 9 CONSIDER adopting Resolution No. 2009/556 declaring a position of support for the dual ballot measures proposed by Repair California to convene a State Constitutional Convention in California to revise the guiding document of our great state. (Supervisor Bonilla)       Vote: 5 - 0 SD.10 HEARING to consider adoption of Traffic Resolution No. 2009/4304 to extend the closure of Carquinez Scenic Drive (Road No. 2191B), beginning at the Martinez City limit and proceeding northwesterly for 1.7 miles, from sunset to sunrise daily for an additional 18 months, as recommended by the Public Works Director, Martinez area. (Mark de la O, Public Works Department) (No Fiscal Impact)       Vote: 5 - 0 SD.11 CONSIDER accepting report from the Finance Committee on the 30-40 Muir Road Building in Martinez and approving its remodel for use by the Department of Conservation and Development. (100% Land Development fees) (Supervisor Gioia)       Vote: 5 - 0 SD.12 CONSIDER accepting the report acknowledging Contra Costa Television for 15 years of serving County residents and approving the amended Office of Communications and Media Policy and Procedures. (Patricia Burke, County Administrator's Office)       Vote: 5 - 0 SD.13 CONSIDER accepting report from the Transportation, Water and Infrastructure Committee on the Impacts of the Proposed Municipal Regional Permit, as recommended by the Public Works Director, Countywide. (100% Stormwater Utility Area 17 Funds) (Rich Lierly, Public Works Department)       Vote: 5 - 0 Closed Session    Rollie Katz, Public Employee's Union Local 1, spoke on the matter of missed deadlines in regard to the conversion of long-term tempory employees to permanent employee status with benefits, particularly those in the Health Services Department. Mr. Twa noted that a board order addressing this issue would be placed on the agenda in January 2010.   1:00 P.M. Adjourn to Special Meeting of the Contra Costa County Housing Authority   1:15 P.M.   DELIBERATION ITEMS   D. 1 CONSIDER accepting report on Delta-Water legislative bills and activity and oral report on Delta Counties Coalition lobbying trip to Washington, D.C.; and determining action to be taken regarding a response to any Delta-related issues. (Supervisor Piepho)       Vote: 5 - 0 1:30 P.M.   D. 2 HEARING on the recommendation of the County Planning Commission to approve the amendment to the Conditions of Approval for Land Use Permit #LP2054-92 to add Condition of Approval No. 6.17 to facilitate the collection of a Local Enforcement Agency fee in the Richmond area. (West Contra Costa Sanitary Landfill- Applicant & Owner) (Catherine Kutsuris, Conservation and Development Director)       Vote: 5 - 0 D. 3 CONSIDER reports of Board members.    There were no reports at this time.   CONSENT ITEMS   Road and Transportation   C. 1 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute an agreement with BNSF Railway Company for an estimated amount of $101,622 for the installation of a railroad crossing surface at Viera Avenue, Antioch area. (100% Bicycle Transportation Alliance Grant Funds)       Vote: 5 - 0 C. 2 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a Right of Way Contract - Temporary Construction Easement from Feasible Properties, Buchanan, LLC, a California Limited Liability Company, and APPROVE payment in the amount of $42,110 by the Contra Costa Transportation Authority in connection with the State Route 4 East, Somersville Road to State Route 160 Project, Antioch area. (100% Contra Costa Transportation Authority Funds)       Vote: 5 - 0 Engineering Services   C. 3 ADOPT Resolution No. 2009/571 accepting completion of warranty period and release of cash deposit for faithful performance for the Subdivision Agreement (Right-of-Way Landscaping) RA 05-01187, for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (No Fiscal Impact)       Vote: 5 - 0  Vote: 5 - 0 C. 4 ADOPT Resolution No. 2009/572 accepting completion of private improvements, for MS 90-00141, for project being developed by Charles M. Farr and Lorraine A. Farr, as recommended by the Public Works Director, San Ramon area. (No Fiscal Impact)       Vote: 5 - 0 C. 5 APPROVE and AUTHORIZE the execution of Joint Exercise of Powers Agreement for the Maintenance of the Diablo Vista Middle School Playfields with the Town of Danville and the San Ramon Unified School District, as recommended by the Public Works Director, Danville area. (100% Countywide Landscape and Lighting District AD1979-3 (LL-2), Zone 71 Funds)       Vote: 5 - 0 Special Districts & County Airports   C. 6 ACCEPT Status Report on the Street Light Coordination effort among PG&E, County and cities for street light maintenance, as recommended by the Public Works Director, Countywide. (No Fiscal Impact)       Vote: 5 - 0 C. 7 APPROVE and AUTHORIZE the Assignment of Easement to East Bay Regional Park District over a portion of County road right-of-way, known as Feeder Trail No. 1, located between Dutra Road and Ferndale Road, as recommended by the Public Works Director, Martinez area. (No fiscal impact)       Vote: 5 - 0 C. 8 ADOPT Resolution No. 2009/567 accepting as complete the contracted work performed by Asbestos Management Group of CA, Inc., for Phase 9 asbestos abatement of the Orbisonia Heights Redevelopment Project, as recommended by the Public Works Director, Bay Point area. (No impact to general fund)       Vote: 5 - 0 C. 9 APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute an amendment to an existing Joint Exercise of Powers Agreement with the Town of Danville, effective December 15, 2009, to refer issues to the Alamo Municipal Advisory Council for advice in place of the Advisory Committee for County Service Area R-7A, as recommended by the Public Works Director, Danville and Alamo areas. (No fiscal impact)       Vote: 5 - 0 C.10 APPROVE and AUTHORIZE the Chair, Contra Costa County Board of Supervisors, to sign a letter to the California Energy Commission regarding the proposed construction of a power plant in Alameda County in close proximity to the Byron Airport, requesting that specific scientific studies be completed to ensure that the proposed location of power plant would not pose any hazards to aeronautical activities. (No fiscal impact)       Vote: 5 - 0 C.11 APPROVE the proposed summary vacation of an excess road right of way along Feeder Trail No. 1, located between Dutra Road and Ferndale Road, and ADOPT related findings under the California Environmental Quality Act, as recommended by the Public Works Director, Martinez area. (No fiscal impact)       Vote: 5 - 0 Claims, Collections & Litigation Claims, Collections & Litigation   C.12 DENY claims by Christopher Madrid; Bridget E. Robinson; Pamela Lee Bourne; Tryphena Smith; Juan Jose Salazar; Billie Whittaker, individually and as representative of the Estate of Barry Whittaker, decedent; David Golick and Lorna Golick; Justin Midyett; Daniel Greaves; Dion Simoni; John G. Hanlin and Yoshabel Clements; Late Claims for Monica Meadors-Washington; and Patricia Bynum; and amended claim for John G. Hanlin and Yoshabel Clements individually and as natural guardians ad litem for Gavin Hanlin, Chayton Hanlin and Alcon Hanlin, minor children.       Vote: 5 - 0 Honors & Proclamations   C.13 ADOPT Resolution No. 2009/577 to proclaim December 1, 2009 as World AIDS Day in Contra Costa County, as recommended by Supervisor Bonilla. (See PR.3)       Vote: 5 - 0 C.14 ADOPT Resolution No. 2009/575 recognizing Officer Roger Young upon his retirement for his years of service, as recommended by Supervisor Piepho.       Vote: 5 - 0 C.15 ADOPT Resolution No. 2009/576 recognizing Office Richard Gomez upon his retirement for his years of service, as recommended by Supervisor Piepho.       Vote: 5 - 0 C.16 ADOPT Resolution No. 2009/577 recognizing Officer Pete Sciarretta upon his retirement for his years of service with California Highway Patrol, as recommended by Supervisor Piepho.       Vote: 5 - 0 C.17 ADOPT Resolution No. 2009/578 recognizing Officer Mike Nelson upon his retirement and for his years of service with California Highway Patrol, as recommended by Supervisor Piepho.       Vote: 5 - 0 C.18 ADOPT Resolution No. 2009/579 recognizing Sergeant Keith Marsden upon his retirement and for his years of service with California Highway Patrol, as recommended by Supervisor Piepho.       Vote: 5 - 0 C.19 ADOPT Resolution No. 2009/580 recognizing Uri Eliahu as the American Society of Engineers' Engineer of the Year, as recommended by Supervisor Piepho.       Vote: 5 - 0 C.20 ADOPT Resolution No. 2009/951 honoring County Counsel Silvano B. Marchesi, upon his retirement, for his many years of exemplary and dedicated service to Contra Costa County, as recommended by Supervisor Bonilla. (See PR.2)       Vote: 5 - 0 Appointments & Resignations   C.21 APPOINT Jake Sloan to the District I seat on the County Planning Commission, as recommended by    C.21 APPOINT Jake Sloan to the District I seat on the County Planning Commission, as recommended by Supervisor Gioia.       Vote: 5 - 0 C.22 DECLARE vacant the District I seat on the Contra Costa County Commission for Women due to the resignation of Debra Dias, and DIRECT the Clerk of the Board to post the vacancy, as recommended by Supervisor Gioia.       Vote: 5 - 0 C.23 APPOINT Joanne Sidwell to the District I seat on the Contra Costa County Merit Board, as recommended by Supervisor Gioia.       Vote: 5 - 0 C.24 APPOINT Cecilia Valdez to the West County Elected Official seat on the Contra Costa Inter-jurisdictional Council on Homelessness Advisory Board for a term expiring March 31, 2010, as recommended by Supervisor Gioia.       Vote: 5 - 0 C.25 APPOINT Sean Duckworth to the At Large #11 seat on the Contra Costa Commission for Women, as recommended by the County Administrator.       Vote: 5 - 0 Appropriation Adjustments   C.26 Sheriff-Coroner (0255): APPROVE Appropriations and Revenue Adjustment No. 5023 authorizing new revenue in the Sheriff's Office in the amount of $602,579 from the California Office of Traffic Safety "Avoid the 25" DUI (Driving Under the Influence) campaign and appropriating it for DUI enforcement equipment and activities. (100% State; No County match)       Vote: 5 - 0 C.27 Sheriff-Coroner (0255): APPROVE Appropriations and Revenue Adjustment No. 5030 authorizing new revenue in the Sheriff's Office in the amount of $178,268 from the U.S. Department of Homeland Security, Infrastructure Protection Program - 2007 Port Security Grant and appropriating it for the purchase of marine patrol equipment. (100% Federal; Grant match satisfied)       Vote: 5 - 0 C.28 Cooperative Extension (0630): APPROVE and AUTHORIZE Appropriation and Revenue Adjustment No. 5022 to increase revenue in the Cooperative Extension program in the amount of $114,252 and appropriate it for on-going personnel and operating expenses, as recommended by Supervisors Glover and Piepho.       Vote: 5 - 0 Personnel Actions   C.29 ADOPT Position Adjustment Resolution No. 20679 to reclassify one Health Services Department Community Health Worker II position and its incumbent to Community Health Worker Specialist. (100% Federally Qualified Health Care Facility)       Vote: 5 - 0 C.30 ADOPT Position Adjustment Resolution No. 20661 to reclassify one Network Administrator I position (represented) and its incumbent to Network Administrator II (represented) position in the Health Services Department/IT Division.       Vote: 5 - 0 C.31 ADOPT Resolution No. 2009/546 authorizing the deletion of certain positions and laying off employees in the General Services Department. (County cost savings)       Vote: 5 - 0 C.32 DIRECT the Human Resources Department to conduct classification studies with the goal of establishing the following classes in the County Clerk-Recorder Division: Clerk-Recorder Services Technician, Clerk-Recorder Services Specialist, Clerk-Recorder Services Supervisor, and Clerk-Recorder Services Manager. (No fiscal impact)       Vote: 5 - 0 C.33 ADOPT Position Adjustment Resolution No. 20756 to cancel one Deputy Sheriff position and add one Sergeant position in the Office of the Sheriff. (100% Military Ocean Terminal Concord contract)       Vote: 5 - 0 C.34 ADOPT Position Adjustment Resolution No. 20759 to cancel one (1) Chief of Property Conservation position (represented), and add three (3) Senior Building Inspector (represented) positions in the Conservation and Development Department. (100% Land Development fees)       Vote: 5 - 0 C.35 ADOPT Resolution No. 2009/491, amending Resolution No. 2009/298, which amended Resolution No. 2009/112, to revise the effective date for the abolishment of one position in Cooperative Extension, from December 31, 2009 to June 30, 2010, as recommended by Supervisors Glover and Piepho. (Budgeted)       Vote: 5 - 0 Leases   C.36 DECLARE 205 41st Street, Richmond, as surplus and APPROVE and AUTHORIZE the General Services Director, or designee, to execute a lease with RYSE, Inc., for approximately 6,600 square feet of building space for the five-year period July 1, 2009 through June 30, 2014, for the operation of a Community Youth Center by RYSE, Inc.; and ADOPT related California Environmental Quality Act findings. (Those building expenses not paid for by RYSE have been budgeted in the General Services Department's FY 2009/10 budget.)       Vote: 5 - 0 Grants & Contracts   APPROVE and AUTHORIZE execution of agreements between the County and the following agencies for receipt of fund and/or services:   C.37 APPROVE project design and scope of work documents (including drawings and specifications) for    C.37 APPROVE project design and scope of work documents (including drawings and specifications) for the 4th Floor Remodel project at the Wakefield Taylor Courthouse located at 725 Court Street, Martinez; AUTHORIZE the General Services Director, or designee, to execute a memorandum of understanding with the Judicial Council of California, Administrative Office of the Courts (AOC), and the Contra Costa County Superior Court pursuant to which AOC will pay the County an amount not to exceed $550,000 to renovate the 4th floor of the Wakefield Taylor Courthouse; AUTHORIZE the General Services Director, or designee, to advertise for bids for trade contracts; and MAKE related findings under the California Environmental Quality Act. (100% State AOC funding)       Vote: 5 - 0 C.38 AWARD and AUTHORIZE the General Services Director, or designee, to execute a contract with Kel-Tec Builders, Inc., the lowest responsive and responsible bidder, in the amount of $217,244 for the Pharmacy Area remodel, Building One, 2500 Alhambra Avenue, Martinez for the Contra Costa County Health Services Department. (Health Services Department Enterprise Fund)       Vote: 5 - 0 C.39 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to apply for and accept the Contra Costa County Department of Conservation and Development, Redevelopment and Economic Division, Community Development Block Grant Program funding in an amount not to exceed $30,000 for a two-year period ($15,000 each year) to provide substance abuse and mental health services at the Bay Point and North Richmond Service Integration Team sites for the period July 1, 2010 through June 30, 2012. (No County match)       Vote: 5 - 0 C.40 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to apply for and accept Contra Costa County Department of Conservation and Development, Redevelopment and Economic Development Division Community Development Block Grant funding in an amount not to exceed $30,000 for a two year period ($15,000 each year) to support the Bay Point Works Community Career Center for the period of July 1, 2010 through June 30, 2012. (No County match)       Vote: 5 - 0 C.41 APPROVE and AUTHORIZE the County Clerk-Recorder, or designee, to execute a Help America Vote Act (HAVA) grant funds contract and subsequent addendums for participating in State VoteCal Project activities for a total amount not to exceed $100,000 for the period January 1, 2010 through December 31, 2011, in conformance with State grant requirements. (100% HAVA grant)       Vote: 5 - 0 C.42 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a novation contract with Golden Rain Foundation of Walnut Creek, to pay County an amount not to exceed $13,400 to provide congregate meal services for County’s Senior Nutrition Program, for the period July 1, 2009 through June 30, 2010, with a three-month automatic extension through September 30, 2010, in an amount not to exceed $3,350. (No County match)       Vote: 5 - 0 C.43 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to apply for and accept a grant from the California Department of Boating and Waterways Equipment grant in an amount not to exceed $36,000 for the purchase of equipment in the Marine Patrol Unit for the period July 1, 2009 through September 30, 2010. (100% State; No County match)       Vote: 5 - 0 C.44 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to apply for and accept a grant from    C.44 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to apply for and accept a grant from the California Department of Boating and Waterways in an amount not to exceed $100,000 for the abatement of abandoned vessels on County waterways for the period November 1, 2009 through October 31, 2010. (90% State, 10% County match; Budgeted)       Vote: 5 - 0 C.45 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute grant award contract with the San Francisco Foundation, to pay the County an amount not to exceed $30,000 towards providing the Family Maternal and Child Health Program, Building Economic Security Today (BEST), for the period December 1, 2009 through November 30, 2010. (No County match)       Vote: 5 - 0 C.46 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to enter into contracts, including mutual indemnification, with the Contra Costa Central Narcotics Enforcement Team and the Contra Costa West Narcotics Enforcement Team, each to pay the County the amount of $15,000 to provide evidence storage services for the period January 1 through December 31, 2010. (100% Reimbursement revenue; Budgeted)       Vote: 5 - 0 C.47 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with the California Department of Public Health, to pay the County an amount not to exceed $1,641,903 for the Public Health Emergency Preparedness Comprehensive Program, Public Health Emergency Response Phase Three, for the period July 31, 2009 through July 30, 2010. (No County match)       Vote: 5 - 0 C.48 ADOPT Resolution No. 2009/581 authorizing the Sheriff-Coroner, or designee, to accept additional grant funding for the State of California, 2007 Buffer Zone Protection Program (BZPP) grant in an amount not to exceed $63,050 to build security and risk management capabilities enhancing the security of California water systems for the period of January 1, 2008 through January 31, 2010. (100% Federal) (Catalog of Federal Domestic Assistance No. 97.078)       Vote: 5 - 0 C.49 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute an amendment to the Grant Agreement with the California Environmental Protection Agency, effective January 1, 2010, to increase payment to County by $10,281, to a new total not to exceed $106,155, for continuation of the County’s Health Services Hazardous Materials, Aboveground Petroleum Storage Act Program, and to extend the term of the agreement from March 1, 2010 through May 1, 2011. (No County match required)       Vote: 5 - 0 C.50 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with the First 5 Contra Costa Children and Families Commission, to pay County an amount not to exceed $12,000 to provide the Bridges to Care Program for the period October 5, 2009 through June 30, 2010. (No County match)       Vote: 5 - 0 C.51 ADOPT Resolution No. 2009/582 approving and authorizing the Sheriff-Coroner, or designee, to apply for and accept the 2008 Buffer Zone Protection Program (BZPP) grant from the State of California in an amount not to exceed $207,834 to build security and risk management capabilities enhancing the security of California water systems for the period of January 1, 2009 through March 31, 2011. (100% Federal) (Catalog of Federal Domestic Assistance No. 97.078)       Vote: 5 - 0  Vote: 5 - 0 C.52 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a grant award contract with Education, Training, and Research Associates, to pay the County an amount not to exceed $35,000 for the Family, Maternal & Child Health Program, “Working to Institutionalize Sexuality Education Project”, for the period September 25, 2009 through August 31, 2011. (No County match)       Vote: 5 - 0 APPROVE and AUTHORIZE execution of agreement between the County and the following parties as noted for the purchase of equipment and/or services:   C.53 APPROVE and AUTHORIZE the County Administrator, or designee, to execute contracts totaling $210,000 with the following agencies for the County Dispute Resolution Program for calendar year 2010 (100% Restricted Dispute Resolution Funds): Agency Amount Center for Human Development $102,500 Congress of Neutrals $107,500 2010 Program Total $210,000       Vote: 5 - 0 C.54 APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute a Purchase Order with McCain Traffic Supply in the amount of $350,000 to purchase and install 36 traffic signal controllers for the Town of Danville. (100% Town of Danville funding)       Vote: 5 - 0 C.55 APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract extension agreement with AtPac, Inc. to extend the contract term from December 31, 2009 to December 31, 2010, for services related to the Social Security Number Truncation Program back conversion, Countywide (100% Recorder Redaction Program funds)       Vote: 5 - 0 C.56 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Employment and Human Services Department, a purchase order with CompuCom Systems, Inc., in an amount not to exceed $556,400 for the third installment of the Microsoft Enterprise Agreement Renewal for 2009. (11% County General Fund, 89% State funding)       Vote: 5 - 0 C.57 AMEND Board action of October 6, 2009 (Item C.47), which authorized the Purchasing Agent to execute a purchase order with Sharp Business Systems, to include Leasesource Financial Service, Inc., as equipment financier and to change the term to a period of 48 months commencing with the execution of Lease Agreement documents, with no change in the payment limit of $3,800,000, as recommended by the Employment and Human Services Director. (40% State, 40% Federal, 20% County General Fund)       Vote: 5 - 0 C.58 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with    C.58 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Intratek Computer, Inc., in an amount not to exceed $260,000 to provide hardware and software support services for the period January 1 through December 31, 2010. (100% Enterprise Fund I)       Vote: 5 - 0 C.59 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Discovery Counseling Center of the San Ramon Valley, Inc., effective November 1, 2009, to increase the payment limit by $35,000 to a new payment limit of $119,988 to provide additional hours of alcohol and drug abuse prevention services, with no change in the original term of July 1, 2009 through June 30, 2010. (100% Federal Substance Abuse Prevention and Treatment)       Vote: 5 - 0 C.60 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a novation contract with Anka Behavioral Health, Inc., in an amount not to exceed $801,802 to provide mental health outreach services for the homeless mentally ill for the period July 1, 2009 through June 30, 2010, with a six-month automatic extension through December 31, 2010 in an amount not to exceed $400,901. (51% Federal Medi-Cal, 35% Substance Abuse/Mental Health Services Act, 15% Project for Assistance in Transition from Homelessness)       Vote: 5 - 0 C.61 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Uzma Anwer, M.D., in an amount not to exceed $156,250 to provide psychiatric services in East Contra Costa County, for the period January 1 through December 31, 2010. (100% Mental Health Realignment)       Vote: 5 - 0 C.62 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract amendment with Behavioral Interventions, Inc., to increase the payment limit by $191,000 to a new payment limit of $533,600 and expand the scope of services to include electronic home detention equipment with cellular connectability, with no change to the contract term. (100% Participant fees)       Vote: 5 - 0 C.63 AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Department, a purchase order with GE Healthcare, Inc., in an amount not to exceed $158,294 for nine G.E. Giraffe Infant Warmers, for use at by Contra Costa Regional Medical Center's Labor and Delivery Department. (100% Enterprise I Fund)       Vote: 5 - 0 C.64 AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Department, a purchase order and maintenanace contract with GE Healthcare, Inc., in the amount of $443,827 to provide service and maintenance for imaging systems at the Contra Costa Regional Medical Center, Richmond Health Center, and Pittsburg Health Center, for the period December 1, 2009 through November 30, 2013. (100% Enterprise I Fund)       Vote: 5 - 0 C.65 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Staff Care, Inc., in an amount not to exceed $850,000 to provide temporary physician services for the Contra Costa Regional Medical Center and Contra Costa Health Centers, for the period January 1 through December 31, 2010. (100% Enterprise Fund I)       Vote: 5 - 0 C.66 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with    C.66 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Jackson & Coker LocumTenens, LLC in an amount not to exceed $250,000 to provide temporary help physicians for the Contra Costa Regional Medical Center and Contra Costa Health Centers and the County’s Main Detention Facility, for the period January 1 through December 31, 2010. (100% Enterprise Fund I)       Vote: 5 - 0 C.67 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with Metropolitan Van and Storage, Inc., in an amount not to exceed $350,000 to provide archival records storage and office furniture and equipment storage for the period February 1, 2010 through January 31, 2011. (20% County General Fund; 40% State; 40% Federal)       Vote: 5 - 0 C.68 APPROVE and AUTHORIZE the Health Services Director, to execute a contract with Contra Costa Regional Health Foundation, in an amount not to exceed $125,000, to provide professional consultation services to the Health Services Director with regard to the Contra Costa Regional Medical Center and Contra Costa Health Centers, for the period from October 1, 2009 through September 30, 2010. (100% Enterprise Fund I)       Vote: 5 - 0 C.69 RATIFY the actions taken by the Health Services Director, or designee, to execute a contract to use the San Ramon Valley Conference Center in the amount of $4,105, for the seasonal and H1N1 flu vaccination clinic held on November 21, 2009, as recommended by the Health Services Director.       Vote: 5 - 0 C.70 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Total Healthcare Management, Inc., effective November 30, 2009, to increase the payment limit by $130,000 to a new payment limit of $380,000 to extend the term from November 30, 2009 through May 31, 2010 to continue providing claims process and negotiation services for Contra Costa Health Plan. (Percentage of savings)       Vote: 5 - 0 C.71 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Oliver Wyman Actuarial Consulting, Inc., in an amount not to exceed $195,000, to provide actuarial consulting services for the Contra Costa Health Plan, for the period December 1, 2009 through November 30, 2010. (100% Local Initiative Funds)       Vote: 5 - 0 C.72 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Nadhan, Inc. (dba Creekside Convalescent Hospital and Mental Health Rehabilitation Program), in an amount not to exceed $255,500 to provide sub-acute care for seriously and persistently mentally ill adults for the period January 1 through December 31, 2010. (100% Mental Health Realignment)       Vote: 5 - 0 C.73 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Victor Kogler in an amount not to exceed $125,938 to provide consultation, technical assistance, and operational support to the Alcohol and Other Drugs Services Division for the period January 1 through December 31, 2010. (100% Federal Prevention Set-Aside and Substance Abuse & Crime Prevention Act of 2000 Grant Funds)       Vote: 5 - 0 C.74 APPROVE and AUTHORIZE the Sheriff-Coroner, or desginee, to execute a contract amendment with    C.74 APPROVE and AUTHORIZE the Sheriff-Coroner, or desginee, to execute a contract amendment with URS Corporation Americas to extend the contract term from December 31, 2009 to February 28, 2010 for development of a County-wide Earthquake Response Plan, with no change in payment limit of $325,000. (100% State Homeland Security Grant Program funding)       Vote: 5 - 0 C.75 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Cheryl Adams-Woodford in an amount not to exceed $119,808, to provide project management, consultation and technical assistance with regard to the PeopleSoft General Ledger System, for the period December 1, 2009 through November 30, 2010. (100% Enterprise Fund I)       Vote: 5 - 0 C.76 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Richard D. Baldwin, M.D., in an amount not to exceed $186,300 to provide geriatric psychiatric services for the period January 1 through December 31, 2010. (100% Mental Health Realignment funding)       Vote: 5 - 0 C.77 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Miller Pacific Engineering Group, in an amount not to exceed $150,000 for on-call geotechnical engineering services for the period December 15, 2009 through December 14, 2011, Countywide. (Various Project Funds)       Vote: 5 - 0 C.78 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Engeo Incorporated in an amount not to exceed $150,000 for on-call geotechnical engineering services for the period December 15, 2009 through December 14, 2011, Countywide. (Various Project Funds)       Vote: 5 - 0 C.79 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Hultgren-Tillis Engineers, in an amount not to exceed $150,000 for on-call geotechnical engineering services for the period December 15, 2009 through December 14, 2011, Countywide. (Various Project Funds)       Vote: 5 - 0 Other Actions   C.80 APPROVE the delegation of authority to the County Treasurer for investing and reinvesting County funds and the funds of other depositors in the County Treasury, or to sell or exchange securities so purchased, pursuant to section 53607 of the State Government Code.       Vote: 5 - 0 C.81 ACCEPT the North Richmond Waste & Recovery Mitigation Fee Joint Expenditure Planning Committee Annual Report for 2009, as recommended by the Conservation and Development Director. (No fiscal impact)       Vote: 5 - 0 C.82 RATIFY the actions taken by the Workforce Development Board of Contra Costa Director to provide program services through the Contra Costa Office of Education for the West County summer youth program and APPROVE and AUTHORIZE the Contra Costa County Auditor-Controller to pay the Contra Costa County Office of Education up to $33,000 for services delivered in the West County summer youth program from May 1, 2008 through October 30, 2008. (100% Federal)       Vote: 5 - 0 C.83 ACKNOWLEDGE receipt of the Auditor-Controller’s Annual Supplemental Law Enforcement Services Fund (SLESF) Summary Report for the 2008/09 fiscal year.       Vote: 5 - 0 C.84 RATIFY the actions taken by the Health Services Director, or designee, to execute an Application For Permit to use the common area at Hilltop Mall for the seasonal and H1N1 vaccination clinic held on November 7, 2009, as recommended by the Health Services Director.       Vote: 5 - 0 C.85 ADOPT Resolution No. 2009/574 approving the appropriation of up to $50,000 from the County Redevelopment Agency for a public improvement study program by the Rodeo Sanitary District for the period June 1, 2009 through June 30, 2010, and ADOPT findings pursuant to Health and Safety Code Section 33445, as recommended by the Conservation and Development Director, Rodeo.(100% Redevelopment funds) (Consider with C.101)       Vote: 5 - 0 C.86 DECLARE as surplus and AUTHORIZE the Purchasing Agent, or designee, to dispose of vehicles no longer needed for public use as recommended by the General Services Director. (No fiscal impact)       Vote: 5 - 0 C.87 ACCEPT report from the Local Child Care and Development Planning Council on activities during calendar year 2009 relating to the implmentation of the Comprehensive Countywide Child Care Plan for 2008-2011 and the 2009 Annual Report, as recommended by the Family and Human Services Committee.       Vote: 5 - 0 C.88 ACCEPT report on the activities and achievements of the Contra Costa County Service Integration Program, as recommended by the Family and Human Services Committee.       Vote: 5 - 0 C.89 ACCEPT report from the Health Services Department, Public Health Division, on the Needle Exchange Program and on efforts to prevent the spread of HIV infections and other diseases, as recommended by the Family and Human Services Committee.       Vote: 5 - 0 C.90 ACCEPT the recommendations from the Family and Human Services Committee to carry forward 21 referrals from the 2009 Family and Human Services Committee to the 2010 Committee.       Vote: 5 - 0 C.91 RATIFY the Health Services Director or his designee, actions in executing an Application with Contra Costa Community College District for use of its Los Medanos College parking lot for seasonal and H1N1 flu vaccination clinic, held on December 6, 2009.       Vote: 5 - 0 C.92 APPROVE the providers recommended by the Contra Costa Health Plan's Peer Review and Credentialing Committee at its November 17, 2009 meeting, and by the Health Services Director, as required by the State Departments of Health Care Services and Managed Health Care, and the Centers for Medicare and Medicaid Services.       Vote: 5 - 0  Vote: 5 - 0 C.93 DIRECT the Auditor-Controller to reimburse the Employment and Human Service Department’s Revolving Fund in the amount of $55, as recommended by the Employment and Human Services Director. (70% State, 30% County General Fund)       Vote: 5 - 0 C.94 APPROVE the Preliminary 2010/2011 North Richmond Waste and Recovery Mitigation Fee Expenditure Plan developed by the North Richmond Waste & Recovery Mitigation Fee Joint Expenditure Planning Committee. which specifies recommended allocations of the revenues projected to be derived from 2010/210 Mitigation Fee, as recommended by the Conservation and Development Director.       Vote: 5 - 0 C.95 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute an unpaid student training agreement with Contra Costa Community College District to provide field instruction in the Health Services Department for the University’s students, for the period September 1, 2009 through August 31, 2012. (Non financial agreement)       Vote: 5 - 0 C.96 APPROVE the Notice of Intention to Purchase Real Property located at 20 Allen Street, Martinez for the sum of $1,900,000, declaring that this Board will meet on January 19, 2010, at 9:30 a.m. or thereafter, to consider consummation of the purchase, and directing the Clerk of the Board to publish notice of the acquisition pursuant to Government Code Section 6063, as recommended by the Health Services Director. (100% Enterprise I Fund)       Vote: 5 - 0 C.97 ACKNOWLEDGE and AFFIRM the purpose and use of special revenue mitigation funds, as recommended by Supervisors Piepho and Bonilla.       Vote: 5 - 0 C.98 ADOPT Resolution No. 2009/950 allowing the County to reimburse certain expenditures for capital improvements to 20 Allen Street, Martinez, for the Health Services Department, as recommended by the County Administrator.       Vote: 5 - 0 C.99 APPROVE the Conflict of Interest Code for the Measure J Traffic Congestion Relief Agency dba TRAFFIX. (No fiscal impact)       Vote: 5 - 0 C.100 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to enter into Memoranda of Understanding with the County of Alameda and the City of Oakland to participate in the ARIES Integrated Justice System for the purpose of sharing and integrating criminal justice information from July 1, 2009 through June 30, 2010.       Vote: 5 - 0 C.101 DIRECT the County Administrator to report to the Board on County procedures governing employee involvement in contracts with prospective employers.       ADOPTED the recommendation; and REFERRED the matter to the Internal Operations Committee for development of a clear policy.   Redevelopment Agency Redevelopment Agency   C.102 ADOPT Resolution No. 2009/573 approving the appropriation of up to $50,000 for a public improvement study program by the Rodeo Sanitary District, ADOPT findings pursuant to Health and Safety Code Section 33445, and AUTHORIZE the Redevelopment Director, on behalf of the of the Redevelopment Agency, to execute a Public Facilities Design Funding Agreement with Rodeo Sanitary District, in the amount up to $50,000 for a public improvements study program in Downtown Rodeo and the Rodeo Marina with a term of June 1, 2009 to June 30, 2010. (100% Redevelopment funds) (Consider with C.85)       Vote: 5 - 0 C.103 APPROVE and AUTHORIZE the Redevelopment Director to execute a Purchase and Sale Agreement between Contra Costa County Redevelopment Agency and 1546 Third Street, LLC. for property rights for Parcel No. 409-080-020, and Accept the Grant Deed for said property rights in connection with the Grove Point Unified Development Program, Richmond (100% Redevelopment Agency Funds)       Vote: 5 - 0   GENERAL INFORMATION The Board meets in all its capacities pursuant to Ordinance Code Section 24-2.402, including as the Housing Authority and 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. Requests for reconsideration of a land use (planning) decision must be submitted in writing to the Clerk of the Board of Supervisors within 10 days of the Board's decision, and must identify the new information which was not before the Board of Supervisors when the decision was made. 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 taped 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 The Closed Session agenda is available each week upon request from the Office of the Clerk of the Board, 651 Pine Street, Room 106, Martinez, California, and may also be viewed on the County’s Web Page. STANDING COMMITTEES The Airport Committee (Supervisors Mary N. Piepho and Susan A. Bonilla) meets on the first Monday of the month at 9:00 a.m. at Director of Airports Office, 550 Sally Ride Drive, Concord. The Family and Human Services Committee (Supervisors Federal D. Glover and Gayle B. Uilkema) meets on the third Monday of the month at 1:00 p.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Finance Committee (Supervisors John Gioia and Susan A. Bonilla) meets on the first Monday of the month at 1:00 p.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Internal Operations Committee (Supervisors Gayle B. Uilkema and Mary N. Piepho) meets on the third Monday of the month at 9:00 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Legislation Committee (Supervisors Susan A. Bonilla and Mary N. Piepho) meets on the first Monday of the month at 10:30 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Public Protection Committee (Supervisors Federal D. Glover and John Gioia) meets on the first Monday of the month at 2:30 p.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Transportation, Water & Infrastructure Committee (Supervisors Mary N. Piepho and Federal D. Glover) meets on the third Monday of the month at 10:30 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. Airport Committee See above Family & Human Services Committee See above Finance Committee January 4, 2010 See above Internal Operations Committee See above Legislation Committee See above Public Protection Committee See above Transportation, Water & Infrastructure Committee See above AD HOC COMMITTEE Ad Hoc committees of the Board of Supervisors meet on an as-needed basis at the direction of the committee chair. Please contact the offices of the committee chairs for meeting times and information. Municipal Advisory Council Review Committee PERSONS WHO WISH TO ADDRESS THE BOARD MAY BE LIMITED TO THREE (3) MINUTES 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 BAAQMD Bay Area Air Quality Management District BART Bay Area Rapid Transit District 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 (CCCPFD) 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 EBMUD East Bay Municipal Utility District ECCFPD East Contra Costa Fire Protection District ECCRPC East Contra Costa Regional Planning Commission 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 Department 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 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 SRVRPC San Ramon Valley Regional Planning Commission 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 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 report on the results of the 2009 Countywide Combined Charities Campaign from Campaign Chair Silvano Marchesi, County Counsel, and Co-Chair Ted Cwiek, Human Resources Director. FISCAL IMPACT: None. BACKGROUND: The 2009 Contra Costa County Combined Charities Campaign ran from October 1 through October 30, 2009. A total of 1,026 County employees participated in this year's campaign, and their donations total $254,628. The generosity of county employees is remarkable and is greatly appreciated by the participating charities. The participating charity federations associated with the campaign included Community Health Charities of California (the lead organization), Bay Area Black United Fund, Local Independent Charities, Earth Share of California, and United Way of the Bay Area. Significant donations also were accepted for several non-profit agencies managed by County departments and agencies that support APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Silvano Marchesi, 335-1810 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: David Twa, County Administrator PR.1 To:Board of Supervisors From:Silvano B. Marchesi, County Counsel Date:December 15, 2009 Contra Costa County Subject:2009 Contra Costa County Combined Charities Campaign Report BACKGROUND: (CONT'D) activities and services for County residents. The following tables reflect disbursements of campaign donations, the top five donor departments, the top five donor departments per number of employees, and the 2009 Campaign coordinators. Finally, I thank and express the gratitude of the Board, the charity federations, and the individual charities themselves, for our very generous County employees, who made significant donations during this time of uncertainty and concern to them. ATTACHMENTS Campaign Statistics 2009 Contra Costa County Combined Charities Campaign Disbursements to Charitable Organizations of Campaign Donations Community Health Charities of California $33,114 Bay Area Black United Fund $10,294 Local Independent Charities $19,352 Earth Share of California $61,064 United Way of the Bay Area $49,145 Donor Choice $81,659 Top Five Donor Departments Employment & Human Services $58,419 Health Services $54,242 Public Works $26,298 Conservation & Development $12,163 Child Support Services $11,895 Top Five Departments Per Employee Donating Child Support Services $476 Animal Services $427 County Administrator $396 County Counsel $343 Assessor $319 2009 Contra Costa County Combined Charities Campaign Department Coordinator Agriculture Department Matthew Slattergren Animal Services Department Jan Millar Assessor Debra McClanahan Auditor-Controller Joanne Barton Board of Supervisors - Chief Clerk Jane Pennington Board of Supervisors, District 1 Terrence Cheung Board of Supervisors, District 3 Marion Murphy Board of Supervisors, District 4 Suzette Madrid Board of Supervisors, District 5 Lynn Reichard Child Support Services Louise Britton Clerk-Recorder Elaine Baird Conservation & Development Department Barbara Melton County Administrator Nancy Yee County Counsel Noel Plummer Employees' Retirement Association Charice Hester District Attorney Bruce T. Flynn Employment & Human Services Department Ann Struthers Contra Costa County Fire Protection District Dan Yaworsky General Services Department Stacy Ruthrauff Health Services Department – Alcohol & Other Drug Services Mary McLain Health Services – Ambulatory Care Sharyn Owens Health Services Department – CCHP Pam Gomez Health Services Department – Emergency Medical Services Pam Dodson Health Services Department – Environmental Health Lori Braunesreither Health Services Department – Finance Administration Jackie Peterson Department Coordinator Health Services Department – Hazardous Materials Lacey Friedman Health Services Department – Hospital Medical Staff Dana Stephens Health Services Department – Mental Health Jeannie DeTomasi Health Services Department – Mental Health Robin Draper-Praetz Health Services Department – Personnel Mary Kooyman Health Services Department – Public Health Dave Shoemaker Housing Authority Laurie Lewis/ Kathy Sosa Human Resources Department Debbie Nejedlo Dept. of Information Technology (DoIT) Kathy Duhaime/ Marcia Malmgren Law Library Naomi Little Library Shannon LaDage Local Agency Formation Commission (LAFCO) Kate Sibley Probation Department Todd Billeci/Jim Morphy Public Defender Donna Broussard Public Works Department Gary Huisingh/ Diane Favero Revenue Collection Department Gene Williams Risk Management Department Aretha Chandler Risk Management Joan Staley Sheriff-Coroner Jim Bickert Treasurer-Tax Collector Susan Chavez Veterans Service Office Luinda Dayak RECOMMENDATION(S): ACCEPT presentation by Supervisor Bonilla reviewing the Board's activities for 2009. FISCAL IMPACT: None. BACKGROUND: . CONSEQUENCE OF NEGATIVE ACTION: CHILDREN'S IMPACT STATEMENT: APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor 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: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: PR.5 To:Board of Supervisors From:Supervisor Susan A. Bonilla Date:December 15, 2009 Contra Costa County Subject:2009 Year in Review for Chair Bonilla and Board of Supervisors ATTACHMENTS 2009 BOS in Review Dear Friend: This has been a year of change, cooperation, and opportunity. I believe the residents of Contra Costa County have not only persevered through this hardship but have succeed in laying the foundation for a new era. Our local government is smaller and performing as best it can to deliver vital services to the many people in need of training and a job. While our state government is continuing to face challenges amidst an escalating budget deficit, I believe the solutions lie in doing what is best for our community, making government more efficient and responsive, and helping our constituents go back to school, receive training, and find jobs. In 2007, when I first started my term on the Board of Supervisors, I encountered a system of government in need of reform, innovation, and responsiveness. This year, the Board of Supervisors approved my recommended action of shifting to a two-year budget cycle to better prepare for impending cuts and to inform our constituents and employees what to expect in terms of available resources. In addition the Board of Supervisors approved to annually adopt budget balancing principles and having a conversation with constituents to identify our top funding priorities. Finally, the Board of Supervisors adopted my recommendation of performing a sustainability audit of our county hospital. It is my belief that by working more efficiently, we can perform at a level that meets or exceeds our constituents’ needs’ while saving taxpayer money. Working together with employees, managers, and my colleagues on the Board of Supervisors we were able to agree on a unprecedented contract agreement based on shared sacrifice. This contract agreement effectively eliminated the substantial retiree health care liability of $2.6 billion the County would have owed over the next 30 years. Furthermore, the Board of Supervisors approved my action of reducing our salaries in conjunction with our employees, as I believe that leaders should never ask those around them to do more than they would themselves. (Continued on Page 3) Contra Costa County Supervisor 2151 Salvio Street, Suite R Concord, CA 94520 Dist4@bos.cccounty.us Phone: 925.521.7100 Fax: 925.646.5202 Winter 2009, Page 1 Susan A. Bonilla 2009 Year in Review www.SusanBonilla.org Supervisor Susan Bonilla and the Contra Costa County Board of Supervisor’s presented Dr. Brian O’Neill, Director of the VA Northern California Health Care System, with a resolution during the 2009 Veterans ceremony. Winter 2009, Page 2 The federally mandated census occurs every 10 years and the next one is scheduled for April 2010. The census aims to count every person living in the United States. Data collected from the census is then used to distribute Congressional seats to states, apportion more than $400 billion in federal grants to tribal, state and local government, and help guide decisions at every level of government that will impact our communities – for example, where to put more schools, libraries, hospital, senior services, etc. With the economic challenges everyone is faced with today, there is so much at stake for us not to take the census seriously. We in Contra Costa County are committed to making the census a top priority. We need to reach out to every resident in the county and send a very strong and loud message that they each must be counted to make a difference. Special efforts will be made to reach out to the undercounted population, especially those that are linguistically isolated and living in low-income households. As part of our census efforts, a Complete Count Committee will be created which will have regional sub-committees made up of local and respected experts in the community – community agencies, faith-based organizations, business and city leaders, local school representatives, media – all working together collaboratively in the community to raise awareness of the importance of the census and achieving an accurate count. The county will be relying on you - our community partners - to play a big role in the local census outreach. Our success will depend on building a strong partnership with our community; after all, the census is a community-wide effort. We invite you to join Contra Costa County in our census campaign. Make a difference and help shape the future of our communities! More information will follow in the weeks ahead. Please contact Kristine Solseng at (925) 313-4371 for any questions. CENSUS 2010: It’s a Community Effort and We Need You Contra Costa County Quick Facts and Figures 2007 CITY POPULATION CITY POPULATION Antioch 100,150 Oakley 31,906 Brentwood 48,907 Orinda 17,517 Clayton 10,781 Pinole 19,234 Concord 123,519 Pittsburg 63,004 Danville 42,601 Pleasant Hill 33,117 El Cerrito 23,194 Richmond 103,828 Hercules 23,975 San Pablo 30,965 Lafayette 23,953 San Ramon 58,035 Martinez 36,179 Walnut Creek 65,384 Moraga 16,165 County Total 1,042,341 District IV Spotlight on: Contra Costa Commission for WomenWorking on Behalf of Women and Girls in Contra Costa CountyBy Carlyn Obringer The Contra Costa County Commission for Women has been busy! Comprised of 15 energetic women, the Commission is currently focusing on two big projects. Recognizing that there is a proliferation of girl-on-girl violence within schools throughout the country, the Commission is currently surveying all of the high school, middle school and elementary school principals in the County about the number and nature of incidents of girl-on-girl violence at their schools. Once this research is complete, the Commission will compile a report, to be presented to the Board of Supervisors and made available to all participating schools and interested parties. The Commission will then facilitate community workshops to educate parents and teachers about the rise in girl-on-girl violence and how to prevent and deal with this issue. The Commission is also conducting outreach to Contra Costa County’s female Hispanic population regarding the U.S. 2010 Census. The idea is to build trust among undocumented Latinas amid growing concern that those individuals in the county illegally will be afraid to be counted. Since Census information affects the numbers of seats California occupies in the U.S. House of Representatives, and what portion of federal funding will be spent on infrastructure and public services in California each year, the Commissioners know that it is important to connect with the County’s Latina population and alleviate any fears they might have about participating in the 2010 Census. Want to learn more about the work of the Commission?Please visit the Contra Costa Women’s Commission’s web site at www.WomensCommission.com or e-mail WomensCommission@gmail.com. Winter 2009, Page 3 A Message From Susan....(Continued from Page 1)The core purpose of the Board of Supervisors is to further policy that will protect and improve the quality of life for the people, neighborhoods, and diverse communities of Contra Costa County. I am proud of the partnerships my office has created and strengthened to help our neighbors stay the course in this difficult time. The Assistance League of Diablo Valley, the Blue Star Moms, the Monument Crisis Center, the Michael Chavez Center for Economic Opportunity, Foster A Dream, and many other organizations are providing incredible programs and services thereby filling the gaps created by the county’s cuts in services. The construction of the Contra Costa Centre Transit Village and the arrival of the northern headquarters of the California State Automobile Association (CSAA) have brought much needed jobs to our community. Their work is commendable and I honor our partnerships and know they will continue in the spirit of making our community stronger. My tenure as Chair of the Board has been inspiring and challenging. It is my hope that I leave the position as Chair in a much better place for my colleagues and constituents. I look forward to continuing to serve Contra Costa County and I am always encouraged by the dedication and perseverance that I see in many of our outstanding employees who have dedicated their lives to public service. This coming year will require continued perseverance and strong leadership among all of our partners in government, non-profits, and businesses. As we continue to work together, we will see a new era of growth and opportunity emerge in Contra Costa County. Best Regards, Susan Bonilla JOIN US FOR:The 10th Annual Women’s Hall of Fame Awards Dinner When: Thursday, March 18, 2010 Where: Crowne Plaza Hotel in Concord Women displaying leadership in the following categories will be honored: Women Demonstrating LeadershipWomen Creating CommunityWomen Working for JusticeWomen Preserving the EnvironmentWomen Improving Health CareWomen Contributing to the ArtsWomen Innovating in Science/Technology Proceeds will benefit Community Violence Solutions Please contact Teresa Inman at (925) 351-6988 for information. Winter 2009, Page 4 Supervisor Susan Bonilla Celebrates Grand Opening and Dedication of the Michael Chavez Center for Economic Opportunity The Grand Opening and Dedication of the Michael Chavez Center for Economic Opportunity in Concord’s Monument Corridor area provided a chance for community leaders and supporters of the Chavez Center to see the finished transformation of the center and to learn about the many valuable programs offered to community residents. “The Michael Chavez Center provides an invaluable service to residents of the Monument Community, the City of Concord and Contra Costa County. The programs and services offered through the Chavez Center are essential to our community and are excellent examples of the power of public and private partnerships,” Chair of the Contra Costa County Board of Supervisors, Susan Bonilla said. Executive Director of the Michael Chavez Center for Economic Opportunity since February 2009, Mike Van Hofwegen said, “coming alongside men and women of our community and supporting them in recognizing, developing and utilizing their abilities is incredibly gratifying. The Michael Chavez Center does this in a way that helps people to both take specific steps out of poverty and at the same time give back to their community.” The Michael Chavez Center’s mission is to transform the community through economic opportunities and to train and develop skills in technology and literacy as well as business development. These programs develop the human, social and economic capital that enables individuals to become self-sufficient and contribute to their families and the community in meaningful ways. Esperanza Flores is a member of the recently launched Green and Clean Professional House-cleaning Services which is a women-owned cooperative, dedicated to making homes safe, clean, and healthy. “The Michael Chavez Center gave me the tools and support to rise to another level and become independent. It is a center that is open to those who have a desire to learn and to improve their lives,” said Flores. Michael Chavez, a 27-year Concord resident and business owner, was elected to the City Council in November 2006. His wife, Vikki, continues to operate Charisma Salon on Clayton Road in Concord, the business they co-founded in 1979. Councilmember Chavez chaired the Concord City Council Housing & Economic Development Committee and served on the Neighborhood & Community Services Committee. Chavez was a pioneer in making inroads for the underprivileged people of Concord. The Michael Chavez Center, formerly known as Monument Futures, desires to continue the work he began and carry out his vision. Questions? Comments? Concerns?We Want to Hear from You Phone: 925.521.7100 2151 Salvio Street, Suite RConcord, CA 94520 Chief of Staff: Luis Quinonez lquin@bos.cccounty.us Deputy Chief of Staff: Lauren Brosnan lauren.brosnan@bos.cccounty.us Director of Constituent Services: Laura Case lcase@bos.cccounty.us Admin. Assistant: Suzette Adkins suzette.adkins@bos.cccounty.us Executive Assistant: Jill Ryan jryan@bos.cccounty.us RECOMMENDATION(S): CONDUCT hearing on the appeal of a decision by the Contra Costa County Health Services Department, Environmental Health Division, to deny a request for variance of the Contra Costa County Health Officer Regulations for well setback requirements and well protection requirements at 18615 Marsh Creek Road, Brentwood. (George S. Arata, Applicant & Owner) FISCAL IMPACT: None. BACKGROUND: On July 7, 2009 Contra Costa Environmental Health received an application for soil borings (well test holes) for the property located at 18615 Marsh Creek Road, Brentwood. The application was reviewed, and permit approved on July 9, 2009 based on information provided with the application packet. On August 14, 2009 Contra Costa Environmental Health received applications to develop two of the soil borings into water wells, and an application for a request for variance of Health Officer Regulations, submitted APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: John Wiggins, 925-692-2570 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: SD. 3 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 15, 2009 Contra Costa County Subject:Hearing on the Appeal of Denial of Request for Variance BACKGROUND: (CONT'D) by George S. Arata Sr., requesting that one well be allowed with a setback of 8 feet from the neighboring property line, and the second well to have an annular seal of less than 50 feet in depth. Both variance requests were denied on September 4, 2009 and a letter informing the applicant of the decision was sent on October 1, 2009. The reasons for the denial of the variance requests are as follows: 1. The request for the first well to be setback 8 feet from the property line instead of 50 feet, as required by Contra Costa Health Officer Regulations, Section 414-1.220, was denied because the reduced setback would place the well in such close proximity to the neighboring property that the neighboring property owner would be faced with restrictions including, but not limited to, placement of septic systems, water wells, and livestock areas. 2. Section 414-1.222 of the Contra Costa Health Officer Regulations requires water wells to have seals at least 50 feet in depth to prevent contamination from surface sources. The request for both the first and second wells to have annular seals less than 50 feet in depth was denied because a 50 foot seal is possible, and the wells would still achieve estimated production rates which meet the well yield requirements for an individual water system as set forth in Section 414-4.601 of the Ordinance Code of Contra Costa County. In addition, the allowance of a seal less than 50 feet in depth would enable water interchange between aquifers which may result in water degradation in one or more of the aquifers. On October 28, 2009 the County received a request for an appeal hearing from Mr. George S. Arata for the denial of the variances. CLERK'S ADDENDUM Chair Bonilla opened the hearing and called for comment. The following people spoke: George Arata, Appellant; Ray Lochhead, resident of Brentwood; Verna Kruse, resident of Concord; Brian Kruse, resident of Brentwood; Troy Bristol, Save Mt. Diablo. Mr. Arata said he did not understand the all of the technical impacts of the requested variance, but did not wish to adversely affect his neighbors property in any way. The Environmental Health Division of Health Services will meet further Mr. Arata to resolve and clarify issues related to a variance for the well. Therefore, The Board: CONTINUED the open hearing to January 19, 2010 at 9:30 a.m. RECOMMENDATION(S): ACCEPT the report from the Director of the Department of Conservation and Development related to adjustments to the Land Development Fee Schedule to implement the following: Incorporate the $500 service fee for the processing and maintenance of requests for Impact Fee Deferral as established by Ordinance No. 2009-14 authorizing the deferral of certain impact fees; Modify the inclusionary housing in lieu fee, as approved by th Board on July 21, 2009, to more accurately reflect changes to median homes sales prices and median rent in the area; Establish fees related to the processing of financing, refinancing, mortgage credit certificates and re-issuance of mortgage credit certificates for multi-family and single-family housing; Incorporate the fees adopted by the Board on June 16, 2009 for the Montalvin Manor Planned-Unit District and provide for the Amnesty Program until December 31, 2011 on building permit fees for specified structures; and, Update the Building Valuation source document, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Louise Aiello, 313-4303 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: SD. 4 To:Board of Supervisors From:Catherine Kutsuris, Conservation & Development Director Date:December 15, 2009 Contra Costa County Subject:Adopt New and Revised Fees for Land Development and Other Services RECOMMENDATION(S): (CONT'D) the hourly rates for additional plan checking services, and the per trip costs for code compliance site reviews. OPEN the public hearing, ACCEPT any written or oral public testimony related to the proposed fee changes, and CLOSE the public hearing; DETERMINE for the purposes of compliance with the California Environmental Quality Act, that the project is Exempt pursuant to CEQA Guidelines Section 15273 (fees established by public agencies to meet operating expenses); ADOPT Resolution #2009/559 which incorporates revisions to the fee schedule; and, DIRECT staff to file a Notice of Exemption from CEQA with the County Clerk. FISCAL IMPACT: It is anticipated that any General Fund revenue loss resulting from the Impact Fee Deferral Program will be offset by increased economic activity within the county resulting from these actions. All other fee adjustments will have no impact on the General Fund. BACKGROUND: Development Impact Fee Realignment Program Fee On June 2, 2009, the Board of Supervisors adopted Ordinance No. 2009-14 authorizing the realignment of certain impact fees by allowing for the deferral of specified fee payments for residential development projects through December 31, 2011. Fees included in this program are Area of Benefit Fees, Child Care Fees, Inclusionary Housing Fees, Park Impact Fees, Police Services Fees (Minor subdivisions), and Traffic Impact Fees. Special district and regional authority fees are not included in this program. Fees not included are: multi-jurisdictional fees involving joint powers agencies, fire district fees, school impact fees, fees derived from conditions of approval rather than by ordinance, fee program funding services (e.g. Dougherty Valley Transit Fee Program), planning/engineering application fees, and building permit fees. The Ordinance requires that a developer apply to participate in the deferral program, and execute an agreement that will be recorded as a lien on the property. The developer will be required to pay a $500 one-time service fee. This fee will help to off-set staff costs incurred in processing the application, monitoring the development, and ensuring that the fee is paid when the development is complete. Inclusionary Housing Ordinance In-Lieu Fee On October 24, 2006, the Board of Supervisors adopted County Ordinance 2006-43 Inclusionary Housing (IHO). The IHO is applicable to all new residential developments of five or more units, as well as condominium conversions. Fifteen percent of all the residential units are required to be affordable. The IHO provides some alternative compliance options, including the payment of fees in-lieu of developing affordable units (“in-lieu fee”), allowing the affordable units to be developed on a separate site, and allowing a developer to convey land suitable for affordable housing development to a qualified affordable housing developer. In addition, the County may consider any other reasonable alternative that a developer proposes. On July 21, 2009, the Board directed staff to update the Department of Conservation and Development’s Fee Schedule to reflect changes in the area median income, median home sales price, and median rent. Upon adoption of the Fee Schedule, the in-lieu fee for for-sale developments will be $3,874.89 per market rate unit, and $26,774.55 per market rate unit in rental developments. Affordable Housing Program Loan Subordination Request Review and Document Preparation Fee. 1. Fees For Subordination To Multi-Family Refinances The Board of Supervisors has allocated Community Development Block Grant, HOME Investment Partnerships Act, and Housing Opportunities for Persons with HIV/AIDS, and Redevelopment Agency funds to developers of affordable housing over the past 30 years. Over the past year, the County has received requests from some of the project owners to assist in refinancing by subordinating to a new first mortgage. Some of these transactions are straightforward and require minimal County staff time. Other transactions are quite complex and require significant staff time as well as new or modified legal documents. These costs can exceed $5,000 per transaction. A deposit of $1,000 plus time and materials will assist in offsetting costs and allow the Department to maintain a balanced budget for affordable housing programs. 2. Fees For Subordination To Single-Family Refinances The Board of Supervisors has provided homeownership opportunities through below market priced homes and silent second loan programs. The County has frequent requests from homeowners to subordinate the County Deeds of Trust to a new first mortgage. Some of these transactions are straightforward and require minimal County staff time. Other transactions are quite complex. In addition to County staff time, it is sometimes necessary to draft new legal agreements. These costs are $350 per transaction at a minimum. A flat fee of $350 for subordination requests for County financed affordable single-family housing will assist in offsetting costs and allowing the Department to maintain a balanced budget for affordable housing programs. 3. Fees Related to Refinancing and Issuance of Mortgage Credit Certificates for Affordable Multi-Family and Single-Family Housing Staff and legal costs for time in reviewing requests and for preparing and processing documents related to refinancing and mortgage credit certificates can also be $5,000 or more. The following fees will assist in covering these staff and legal costs: Multi-Family Affordable Housing Refinancing Fee $1,000 deposit plus time and materials Single-Family Affordable Housing Refinancing Fee $350 Mortgage Credit Certificate Issuance $300 Re-Issuance of Mortgage Credit Certificate $300 Replacement of Lost Mortgage Credit Certificate or Reissued Mortgage Credit Certificate $100 Lender/Broker Mortgage Credit Certificate Participation $400 Lender/Broker Mortgage Credit Certificate Participation Annual Fee $200 Montalvin Manor Planned-Unit District Fee Schedule and Amnesty Program On June 16, 2009, the Board of Supervisors adopted the Montalvin Manor Planned-Unit District rezoning. This action provides for a streamlined application process for many types of development applications. The fees adopted by the Board for the Montalvin Manor Planned-Unit Zoning District reflect the actual charges for staff time needed to review administrative permits in this new zoning district. These fees are consistent with the Bay Point, Rodeo and North Richmond Planned-Unit Zoning Districts. The deposits for Land Use Permit and Development Plan applications for both of these areas cover the standard processing costs. Time and Materials are charged to all applicants that exceed the cost of the initial application fees and/or deposits. At the same time as the adoption of the Montalvin Manor Fee Schedule, the Board also adopted an Amnesty Program exempting certain structures within Montalvin Manor from building permit fees through December 31, 2011. The exempt structures include: roof conversions from flat to pitch; porch covers/roof extensions; second story additions; room additions to the rear of the dwelling; carport conversions to garage or living space; garage conversions to living space. All building codes and standards and health and safety standards as well as the Montalvin Manor Planned Unit District requirement must be met. Update Building Inspection Services Section of the Fee Schedule The last update to the Building Inspection Services section of the Land Development Fee Schedule was in 1997. Changes to both costs of doing business and to various building valuation source information have occurred. In 1997, building valuation data was published by the International Conference of Building Officials (ICBO) in a monthly magazine. In the intervening years, the ICBO has been replaced by the International Code Conference (ICC) and the building valuation data is now published in the ICC’s monthly journal. The fee schedule needs to be modified to allow for any future organizational changes but still retain use of the internationally recognized data on building valuation. Additionally, the Fee Schedule needs to be modified to reflect the consolidation of departments into the Department of Conservation and Development. Both hourly rates for staff and costs for vehicle trips to sites requiring code enforcement inspections have changed since 1997. Modifications to the Fee Schedule increase the vehicle trip charges for code enforcement from $25 per trip to $50 per trip. Also, the new Fee Schedule eliminates the hourly rate listed for Additional Processing for Permit Processing but provides for using the hourly rate in effect at the time the additional plan check services are required. CONSEQUENCE OF NEGATIVE ACTION: The Land Development Fee Schedule will not reflect actions already taken by the Board of Supervisors, and the fees charged will not cover the cost of the service. CLERK'S ADDENDUM ADOPTED the recommendations and Resolution No. 2009/559 as amended today to exclude affordable housing restrictions on rental units.  ATTACHMENTS Resolution No. 2009/559 3244_Exhibit_A THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/15/2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSE: Resolution No. 2009/559 NEW AND REVISED FEES FOR LAND DEVELOPMENT ACTIONS AND OTHER RELATED SERVICES. The Board of Supervisors of Contra Costa County RESOLVES as follows: A. BACKGROUND FINDINGS: 1. The County of Contra Costa has conducted an analysis of its services, the costs reasonably borne of providing those services, the beneficiaries of those services, and the revenues produced by those paying fees and charges for special services. 2. The County wishes to comply with both the letter and the spirit of Article XIIIB of the California Constitution and limit the growth of taxes. 3. The County’s policy is to recover the full costs reasonably borne of providing special services of a voluntary and limited nature, so that general taxes are not diverted from general services of a broad nature and used to unfairly and inequitably subsidize special services. 4. Heretofore, the Board of Supervisors has, by ordinance, established its policy on the recovery of costs, particularly, the percentage of costs reasonably borne from users of County services and directed staff as to the methodology for implementing said ordinance. 5. It is the intention of the Board of Supervisors to develop, as necessary, a revised schedule of fees and charges based on the County’s budgeted and projected costs reasonably borne, for each fiscal year. 6. Pursuant to Government Code Section 66016, the specific fees to be charged for services may be adopted by the Board of Supervisors by Resolution, after providing notice of and holding a public hearing at which oral and written presentations may be made, and providing an opportunity to review the supporting data upon which the fees are based at least ten days before the hearing. This Board finds that all of the requirements of Government Code Section 66016 have been met. 7. Pursuant to Government Code Section 66018 other fees for services may be charged after providing notice pursuant to Government Code Section 6062a and holding a public hearing at which oral and written representations may be made. This Board finds that all of the requirements of Government Code Section 66018 have been met. B. ADOPTION OF FEE: 1. Fee Schedule Adoption. The fees set forth in Exhibit A, attached hereto and incorporated herein by this reference, are hereby adopted and shall be charged and collected for the services enumerated therein. 2. Separate Fee for Each Process. All fees set by this resolution are for each identified process. Additional fees shall be required for each additional process or service that is requested or required. Where fees are indicated on a per unit of measurement basis, the fee is for each identified unit or portion thereof within the indicated ranges of such unit. 3. Added Fees and Refunds. One and one half times the set fee shall be charged for accelerated processing. Where additional fees must be charged and collected for completed staff work, or where a refund of excess deposited monies is due, and where such charge or refund is ten dollars ($10.00) or less, a charge or refund need not be made, pursuant to and provided the requirements of Government Code Sections 29373.1 and 29375.1 and amendments thereto are met. Where a fee payment is over 60 days past due, the departments shall seek a court judgment against the debtor and will charge interest at a rate of 10% from the date of judgment. 4. Establishment of a Trust Fund. The Auditor-Controller shall establish a trust fund for joint Community Development/Public Works application review fees, and the Treasurer shall invest said deposits with interest to accrue in the trust fund. 5. Defining and Timing of Fee Schedule. Definitions regarding and the timing of the implementation of the herein enumerated fee schedule shall be as set forth herein and in Ordinance No. 98/196, as said ordinance is amended from time to time. 6. Interpretation. This Resolution may be interpreted by the several involved County department heads in consultation with the County Administrator. The department heads may reasonably and consistently modify a fee calculation methodology such that the resulting fee amount more closely reflects the cost reasonably borne for providing a service. If there is a conflict between two fees, the lower in dollar amount of the two shall be applied. 7. Severability. If any portion of this resolution is declared invalid or unenforceable by a court of competent jurisdiction, the Board of Supervisors hereby declares that it would have adopted the remainder of this Resolution regardless of the absence of the invalid part(s). 8. Repealer. All resolutions and other actions of the Board of Supervisors in conflict with the contents of this Resolution, including Resolution No. 95-636, are repealed to the extent of any conflict, on the operative date of the conflicting provisions hereof. Obligations existing under any resolution or other Board action repealed by this section shall not be affected and shall remain in full force and effect. 9. Effective. This Resolution is effective immediately upon adoption subject to any applicable terms and conditions of Ordinance No. 98/196, as amended, except that fees imposed herein on development projects (Gov. Code, §66000) become effective 60 days after adoption. 10. Supercedes. This Resolution supercedes Resolution No. 2007/12. The fees for land development applications, permits, inspections, plan checking, map checking, and other related services shown on the attached fee schedule are approved. Contact: Louise Aiello, 313-4303 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: EXHIBIT A Page 1 of 23 FEE SCHEDULE S-001 Permit Processing and Issuance Program A. Plan Review 65% of Building Permit Fee. Applicable when plans are required beyond a plot or site plan. B. Permit Review and Processing 25% of Building Permit Fee. Applicable when review for compliance can be determined through a plot or site plan, or references to a master plan previously reviewed and approved by the department. C. Additional Processing Applicable when additional plan review is required due to: 1) incomplete or unacceptable follow-through by applicant on deficiencies found in the initial plan review; 2) significant revisions submitted after plan review is well underway; or 3) revisions submitted during construction to reflect field changes. Fees for such reviews shall be at the hourly rates in effect at the time of plan review. D. Refinery and Chemical Plant Fee 1. Yearly Building/ Grading Permit 10% of the actual annual valuation of building construction and grading activity. Excluded from this category are all expenditures for which individual building or grading permits are applicable. 2. Individual Building/ Grading Permit For new construction, additions, or major alterations of buildings, the fees charged will be consistent with other sections of this fee schedule. For all other construction work the valuation will be based upon the actual cost of materials and labor associated with the installation of foundations and other structural items only. The permit will be calculated as per Table No. 1-A. 3. Yearly Electrical Permit 1% of the actual valuation of electrical construction activity. S-002 Construction Inspection Program A. Building Inspection 1. Building Permit The Building Permit fee shall be as set forth in the Fee Schedule (Table No. 1-A) of the 1994 Uniform Building Code, or $62.25, whichever is greater. 2. Energy Compliance 25% of Building Permit and Plan Review or processing fees. Applicable on all structures with heated or air-conditioned space. 3. Access Compliance 25% of Building Permit and Plan Review or processing fees. Deleted: following hourly rates: Structural Engineers - $70; Plans Examiners - $50; Inspectors - $60 EXHIBIT A Page 2 of 23 FEE SCHEDULE Applicable on all buildings except residential use buildings with fewer than 4 dwelling units. Additions and alterations to an exempt building, and accessory structures on the same parcel with an exempt building, also are exempt from this fee. B. Earthquake Fee Residential: $10 per each $100,000 of building valuation. Commercial: $20 per each $100,000 of building valuation. Valuation. The determination of value or valuation under any provisions of the County Building Code shall be made by the Director of Conservation and Development. The total valuation to be used with the Fee Schedule shall be determined using the Building Valuation Data contained in the Building Safety Journal, published by the International Code Council (ICC) or in the Successor magazine published by the ICC or its Succesor organization. The data in the March- April issue of each year shall be used for the ensuing fiscal year. Work not listed in the Building Valuation Data shall be valued per the Building Valuation Data Supplement below, which may be modified administratively by the Director of Conservation and Development to clarify or cover additional types of work and situations. The valuation to be used in computing the building permit fee shall be the total valuation of all construction work for which the permit is issued, as well as all finish work, painting, roofing, mechanical, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems, and any other permanently installed equipment. For industrial facilities, the value of process equipment and heavy machinery supported by the structure or by its own foundation shall be included. Contractor overhead and profit shall be included. The valuation of grading, retaining walls, paving and other site work, and any demolition work, shall be included unless such work was included in other permits issued by the Department of Conservation and Development. The valuation data is used to establish consistent criteria for calculating permit fees, and the calculated total valuation does not necessarily reflect actual costs. The County Assessor does not rely on this cost, but performs independent assessments of the permitted work. BUILDING VALUATION DATA SUPPLEMENT The work listed in this supplement shall be valued based on the gross square footage of the work, or where noted, as a lump sum. Where actual costs are higher, those costs shall be used for the valuation. $/Sq.Ft. 1. Residential addition -Good Quality -Average Quality 94.80 69.04 Deleted: Building Inspection Deleted: Standards Magazine Deleted: Conference of Building Officials, Whittier, California Deleted: expanded Deleted: Building Inspection Deleted: Building Inspection Department EXHIBIT A Page 3 of 23 FEE SCHEDULE 2. Residential remodel (to existing floor areas) If bathrooms are added or remodeled, for each one, add lump sum of If kitchen is remodeled, add lump sum of 47.40 5,000.00 15,000.00 3. Residential use conversion from garage, basement or unfinished area -Good Quality -Average Quality If bathrooms or kitchen added, include lump sum(s) as for residential remodel 56.50 33.90 4. Sun room with >60% glazing, cabanas, other similar structures If conditioned space and integrated with main structure, add 37.10 58.30 5. Patio cover (includes pre-fab types, usually with ICBO research listing) If enclosed with walls or glazing, add 16.27 31.80 6. Deck 15.90 7. Retaining wall (projected sq.ft. areas of wall and footing) -concrete or CMU -wood 10.60 5.30 8. Freestanding fence (projected area) -concrete or CMU -wood, chainlink 5.30 3.18 9. Swimming pool, lump sum of 25,000.00 10. Remodel or tenant improvement work in commercial buildings Type I and II Construction Type III, IV and V Construction If restrooms are added or relocated - add lump sum for each If commercial kitchen is added - add lump sum of 31.80 26.50 10,000.00 30.000.00 11. Reroofing -Built up, composition shingles, foam -Treated wood, metal and proprietary products -Tile - masonry, clay, concrete 3.18 3.71 4.77 12. Mobile home on permanent foundation (based on square footage of mobile home) 10.60 13. Moved building (for existing s.f. any added s.f. shall be at "average quality" valuation) 31.80 14. Agricultural/husbandary buildings -Pole construction -Wood construction -Steel construction 9.00 14.00 16.00 B. Electrical Inspection Fees EXHIBIT A Page 4 of 23 FEE SCHEDULE 1. New dwelling 15% of the Building Permit Fee. 2. Addition or alteration to dwelling unit 20% of the Building Permit Fee, $62.25 minimum. 3. New commercial building 25% of the Building Permit Fee, $62.25 minimum. 4. Shell building 5% of the Building Permit Fee, $62.25 minimum. 5. Commercial alterations & tenant improvements 20% of the Building Permit Fee, $62.25 minimum. 6. Electrical Permit $62.25 minimum. See * note. * An electrical permit is required for all electrical work regulated by the Electrical Code. Fees for work not included in Items 1 - 5 above shall be calculated using Table 1-A of the Building Code, and based on the contract amount of the electrical work. Where such electrical work is performed in conjunction with a building permit, the fee may be added to that permit, and a separate electrical permit is not required. C. Mechanical Inspection Fees 1. New dwelling 10% of the Building Permit Fee. 2. Addition or alteration to dwelling unit. 15% of the Building Permit Fee, $62.25 minimum. 3. New commercial building 15% of the Building Permit Fee, $62.25 minimum. 4. Shell building 5% of the Building Permit Fee, $62.25 minimum. 5. Commercial alterations & tenant improvements 10% of the Building Permit Fee, $62.25 minimum. 6. Mechanical Permit $62.25 minimum. See * note below. * A mechanical permit is required for all mechanical work regulated by the Mechanical Code. Fees for work not included in Items 1 - 5 above shall be calculated using Table 1-A of the Building Code, and based on the contract amount of the mechanical work. Where such mechanical work is performed in conjunction with a building permit, the fee may be added to that permit, and a separate mechanical permit is not required. D. Plumbing Inspection Fees 1. New dwelling 15% of the Building Permit Fee. EXHIBIT A Page 5 of 23 FEE SCHEDULE 2. Addition or alteration to dwelling unit. 20% of the Building Permit Fee, $62.25 minimum. 3. New commercial building 20% of the Building Permit Fee, $62.25 minimum. 4. Shell building 5% of the Building Permit Fee, $62.25 minimum. 5. Commercial alterations & tenant improvements 15% of the Building Permit Fee, $62.25 minimum. 6. Plumbing Permit $62.25 minimum. See * note below. * A plumbing permit is required for all plumbing work regulated by the Plumbing Code. Fees for work not included in Items 1 - 5 above shall be calculated using Table 1-A of the Building Code, and based on the contract amount of the work. Where such plumbing work is performed in conjunction with a building permit, the fee may be added to that permit, and a separate plumbing permit is not required. E. Miscellaneous Fees 1. Reinspections. When return trips to the site by an inspector are necessary as specified below, a reinspection fee shall be charged as follows: a. For building permits with total valuations not exceeding $5,000, $25 per trip. b. For building permits with total valuations of more than $5,000, $60 per trip. c. For electrical, mechanical and plumbing permits on residential buildings, $25 per trip. d. For electrical, mechanical and plumbing permits on non-residential buildings, $60 per trip. Situations where reinspection fees shall be applicable include the following: a. When the work for a called inspection is not ready or not accessible to the inspector. b. When extra inspections are necessary due to deficient or defective work through fault or error of the owner or contractor. One such extra inspection will be made for each phase of work that requires inspection (i.e. foundation, rough electric, etc.) under the regular fees prescribed in this section. A reinspection fee shall be charged for each additional visit or inspection thereafter. c. When more than one inspection is made on a phase of work (i.e. "partial inspections") that normally is inspected in one trip. The fee may be waived when partial inspections are necessary due to the large size of the project, or when the inspections do not adversely affect the efficiency of the inspector. EXHIBIT A Page 6 of 23 FEE SCHEDULE 2. Owner-requested inspection of an existing building. The fee shall be based on an hourly rate @ $60 per hour, with 1 hour minimum. If overtime is required the rate shall be $180 per hour with a one hour minimum. 3. Inspection for Change of Occupancy. The fee shall be based on an hourly rate @ $60 per hour, with 1 hour minimum. 4. Investigation of work without permit. When a Stop Work Notice is issued for work being performed without permits or performed beyond the scope of existing permits, a special investigation and inspection shall be made before permits may be issued for such work. An investigation fee shall be charged equal to two times the amount of all permit fees required by this ordinance, with a minimum of $100. The fee is additive to the permit fees. This provision shall not apply to emergency work when it can be proven to the satisfaction of the Director of Building Inspection that such work was urgently necessary, that it was not practical to obtain a permit before the work was commenced, and that a permit was applied for as soon as practical. 5. Abatement of code violations. Building: Abatement costs: When an RF (Report Form) is issued as a result of an inspection of a property, and compliance is required to correct violations found, or permits are required to legalize work previously performed without building permits, a code enforcement cost shall be charged equal to two times the amount of all permit fees required by this ordinance, with a minimum of $100. Where repeat visits are required before the owner complies or obtains the required permits, a reinspection cost of $50 per trip shall be charged after the second trip. Where repeat visits are necessary after compliance or permit issuance to enforce the abatement work, a reinspection cost of $50 per trip shall be charged after the second trip. The costs in this section are additive to the permit fees. Zoning: When Code Enforcement activities are required as a result of an inspection of a property and compliance is required to correct violations found, or permits are required for compliance, a code enforcement cost shall be charged equal to the amount of all permit fees required by this ordinance, with a minimum of $100. Where repeat visits are required before the owner complies or obtains the required permits, a reinspection cost of $50 per trip shall be charged. Where repeat visits are necessary after compliance or permit issuance to enforce the abatement work, a reinspection cost of $50 per trip shall be charged. The costs in this section are additive to the permit fees. 6. Renewal fee for an expired permit: • For Final Inspection: 10% of the current building valuation will be used as the basis for the calculation of the building permit fee. • For permits that have expired within one year after issuance date: the permit fee will be 50% of the sum of the original building, electrical, mechanical and plumbing fees. • For permits that have expired more than one year from issuance date: full fee is applicable. Deleted: 25 Deleted: 25 Deleted: 25 Deleted: 25 EXHIBIT A Page 7 of 23 FEE SCHEDULE S-003 Grading Plan Check/Inspection Improvement Value: $100,000 or less $100,001 to $1,000,000 Over $1,000,000 Additional fee if: Work goes over 1 year Work goes over 2 years Fee: The greater of 5% or $100. $5,000 plus 4% of amount in excess of $100,000. $41,000 plus 3% of amount in excess of $1,000,000. 1% of uncompleted work + $100. 2% of uncompleted work + $100. S-004 Building Demolition Review $60 permit. S-005 Mobile Home Park Annual Inspection $25 plus $2 per lot for licensing, plus $4 per mobile home lot for annual inspection. S-006 Mobile Home Permit Inspection Application - $20. Inspection - $100 plus $30 for each half hour over one hour. Reinspection - $60 plus $30 for each half hour over one hour. S-007 Permanent Mobile Home Inspection Same as construction inspection. (S-002) S-008 R-Form Complaint Investigation Costs are offset by a portion of the 40% surcharge collected on building permit fees. To the extent surcharge revenues are insufficient, costs are absorbed by the operations reserve. S-009 R-Form Site Investigation $200 per investigation plus County's fully burdened hourly rates for travel time outside the County. S-010 County Code Compliance $200 per report. S-011 Records Information Research Retrieval/research fee: $60 per hour, $15 minimum. Photocopy charges at published rates. Documents requested to be certified have an additional charge: First page $4.50 Add'l pages $1.00 each S-012 Subpoena Services Evidence reproduction: $60 per hour, $15 minimum Witness summons: Time and materials plus mileage, $150 deposit. S-013 Certificate of Compliance Review/Determination of Legal Lot $1,000 minimum deposit, time and materials. EXHIBIT A Page 8 of 23 FEE SCHEDULE S-014 Development Plan Review (Multiple Family/ Commercial/Office/Industrial) $6,000 minimum deposit plus Multiple family: $195 per unit. Commercial, Office, Industrial: $.20 sq.ft. Time and materials. S-015 Development Plan Review (Exterior Change) $2,900 minimum deposit. Time and materials. S-016 Development Plan Review (No Exterior Change) $2,000 minimum deposit. Time and materials. S-017 Time Extension (Administrative) $200 fee. S-018 Time Extension (Public Hearing) $600 fee. S-019 General Plan Amendment Review $5,000 plus $100 per acre minimum deposit. Time and materials. $3,500 non refundable fee for General Plan Maintenance. S-019A Specific Plan Amendment $5,000 minimum deposit. Time and materials. S-019B General Plan Amendment Feasibility Request $750 fee credited towards subsequent General Plan Amendment application. S-020 General Plan Maintenance Costs are offset by the 40% surcharge on building permit fees. To the extent such fees are insufficient, costs will be absorbed by the operations reserve. S-021 Land Use Permit (Quarry) $5,600 minimum deposit plus $75 per acre. Time and materials. S-022 Land Use Permit (Quarry Reclamation Plan) $1,780 minimum deposit plus $75 per acre. Time and materials. S-023 Land Use Permit (Caretaker Mobile Home) $2,000 minimum deposit. Time and materials. S-024 Land Use Permit (Family Member Mobile Home) $750 minimum deposit. Time and materials. $150 with proof of financial hardship of property owner. S-025 Land Use Permit (Residential Care Facility) $3,000 minimum deposit. Time and materials. S-026 Land Use Permit (Home Occupation) $300 minimum deposit. Time and materials. EXHIBIT A Page 9 of 23 FEE SCHEDULE S-027 Land Use Permit (Take Out Food) $2,700 minimum deposit. Time and materials. S-027A Land Use Permit (Second Unit) $1,000 minimum deposit. Time and materials. S-027B Land Use Permit (Additional Residence) $2,000 minimum deposit. Time and materials. S-028A Land Use Permit (Development Plan Combination) $2,000 minimum deposit plus Development Plan deposit. Time and materials. S-028B Land Use Permit (Development Plan Combo, Minor Revisions/Amendments) $500 minimum deposit. Time and materials. S-029 Land Use Permit (Other) $2,700 minimum deposit plus ½ % of value of project over $100,000. Time and materials. S-029A Land Use Permit (Solid Waste Disposal Review) $10,000 minimum deposit. Time and materials. S-030 Land Use Permit (Administrative Permit - Gas Well) $570 minimum deposit. Time and materials. S-031 Land Use Permit (Gas Well Ordinance) $2,060 minimum deposit. Time and materials. S-032 Lot Line Adjustment Review $50 per adjusted parcel. $500 minimum. S-033 Tentative Subdivision Map Review - Major 5-30 lots/units $5,490 minimum deposit plus $185 per lot/unit 5-30. Time and materials. 31-100 lots/units $11,500 minimum deposit plus $96 per lot/unit 31-100. Time and materials. 101 or more lots/units $18,200 minimum deposit plus $64 per lot/unit 101 and up. Time and materials. S-033A Development Agreement $1,000 minimum deposit. Time and materials. S-033B Development Impact Fee Deferral $ 500 – Agreement must be executed and recorded as lien on property for deferral of Area of Benefit, Child Care, Inclusionary Housing, Park Impact, Police Services, and Traffic Impact Fees. Sunsets December 31, 2011. S-034 Tentative Subdivision Map Review - Minor $4,800 minimum deposit plus $300 per lot/unit. Time and materials. Formatted: Justified EXHIBIT A Page 10 of 23 FEE SCHEDULE S-034A Reversion to Acreage $1,500 minimum deposit. Time and materials. S-035 Condo Conversion Tentative Map 1 - 30 lots/units $1,910 minimum deposit plus $140 per lot/unit 1 - 30. 31 - 100 lots/units $6,104 minimum deposit plus $105 per lot/unit 31 - 100. 101/or more lots/units $13,454 minimum deposit plus $70 per lot/unit 101 and up. Time and materials. S-036 Lot Split $2,000 minimum deposit. Time and materials. S-036A Undersized Lot Review $150 fee. If public hearing, $500 minimum deposit in addition to review fee. Time and materials. S-037 Planned Unit Development Rezoning Review - Residential 1-30 units $4,185 minimum deposit plus $128 per unit. 1-100 units $8,025 minimum deposit plus $96 per unit 31 - 100. 1-101/up $14,745 minimum deposit plus $64 per unit 101 and up. Time and materials. S-038 Planned Unit Development Rezoning Review - Commercial/Industrial $6,200 minimum deposit plus $.15 per sq.ft. of floor area over 25,000 sq. ft. Time and materials. S-039A Planned Unit Development Final Development Plan Review/New $3,500 minimum deposit. Time and materials. S-039B Planned Unit Development Final Development Plan Review/Non-Substantial Modification $1,000 minimum deposit. Time and materials. S-039C Planned Unit Development Final Development Plan Review/Substantial Modification $3,000 minimum deposit. Time and materials. S-040 Planned Unit Development Tentative Subdivision Map Review $2,850 minimum deposit. Time and materials. S-041 Rezoning Review - Commercial/Industrial $6,500 minimum deposit. Time and materials. S-042 Rezoning Review - Other $2,500 minimum deposit. Time and materials. S-043 Police Services District Formation $800 fee. EXHIBIT A Page 11 of 23 FEE SCHEDULE S-044 Zone Variance $550 fee. If public hearing, time and materials with a $1,000 deposit in addition to variance review fee. S-045 Sign Review Minor modification $550 fee. Public hearing Additional $800 deposit towards time and materials. S-045A Address Change/Private Road Name Change $500 fee plus $100 per address over 10. S-046 Request for Determination $200 fee. S-046A Accelerated Review Non-refundable deposit equal to 30% of amount of consultant contract plus time and materials. S-047A Zoning Administrator Appeal - Land Use Permit $125 filing fee. Time and materials charged to applicant. S-047B Zoning Administrator Appeal - Minor Subdivision $125 filing fee. Time and materials charged to applicant. S-047C Zoning Administrator Appeal - Major Subdivision $125 filing fee. Time and materials charged to applicant. S-047D Zoning Administrator Appeal - Other $125 filing fee. Time and materials charged to applicant. S-047E Planning Commission Agenda Mailing Service $25 per year plus $5 per year for each additional agenda. S-048 Fish and Game - Posting Fee Administrative Fee $25 fee. $25 fee. S-048A Appeal to the Board - Land Use Permit $125 filing fee. Time and materials charged to applicant. S-048B Appeal to the Board - Minor Subdivision $125 filing fee. Time and materials charged to applicant. S-048C Appeal to the Board - Major Subdivision $125 filing fee. Time and materials charged to applicant. S-048D Appeal to the Board - Other $125 filing fee. Time and materials charged to applicant. EXHIBIT A Page 12 of 23 FEE SCHEDULE S-049 Reconsideration Review $125 filing fee. Time and materials. S-049A Condition of Approval Modification Review $500 fee. Time and materials with $1,000 deposit if modification goes to public hearing. S-049B Modification of Official Document $250 fee. S-050 Agricultural Preserve Rezoning Review $1,000 minimum deposit. Time and materials. S-050A Agricultural Preserve Contract $500 deposit. Time and materials. S-051 Agricultural Preserve Cancellation Review $5,400 minimum deposit. Time and materials. S-051A Preapplication Review Minor Subdivision, Minor Land Use Permit, Development Permit (Not more than one building) Major Subdivision up to 100 lots 101 - 250 lots Major Residential, Commercial or Industrial Development (More than one building) $500 fee. All additional costs charged to future application, credit given for fee paid. $750 fee. All additional costs charged to future application, credit given for fee paid. $950 fee. All additional costs charged to future application, credit given for fee paid. $1,000 fee. All additional costs charged to future application, credit given for fee paid. S-051B Agricultural Preserve Non-Renewal Notice $300 minimum deposit. Time and materials. S-051C Annual Review of Quarry Reclamation $1,000 fee plus $2 per acre. S-051D Permit for Alteration of Protected Trees (multiple) $300 fee plus $50 per tree over 6 trees up to a maximum of $550. If public hearing additional $1,000 plus time and materials. S-051E Permit for Alteration of Protected Tree (single) $25/tree. Time and materials. EXHIBIT A Page 13 of 23 FEE SCHEDULE S-051F Heritage Tree (appeal) $50 minimum deposit plus time and materials. S-051G Heritage Tree (nomination) $100 fee per tree. S-051H Heritage Tree (removal permit) $1,000 minimum deposit plus time and materials. S-051J Heritage Tree (encroachment permit) $500 minimum deposit plus time and materials. S-052 Planning Surcharge 40% surcharge on building permits. S-052A Fee Services Clerical Costs to be offset by a portion of the Planning Surcharge. To the extent such revenues are insufficient, costs will be absorbed by the operations reserve. S-052B Notification List Services $1.50 per address plus $30. S-053 Mitigation/ Condition of Approval Compliance Monitoring $1,500 minimum deposit plus time and materials. S-056 Hazardous Waste Application Review Determination Monitoring 86/100 Mitigation Monitoring (non 86/100) $2,440 minimum deposit plus time and materials. $2,900/year minimum deposit plus time and materials. Time and materials. S-057 Environmental Impact Review Contract amount plus 30% administrative surcharge. Time and materials. S-059 County Water Agency Wetland Review $500 minimum deposit. Time and materials. S-060 Records Information Research Retrieval/research fee: $60 per hour, $15 minimum. Photocopy charges at published rates. Documents requested to be certified have an additional charge: First page $4.50. Add'l pages $1.00 each. EXHIBIT A Page 14 of 23 FEE SCHEDULE S-060A Geologic Review Contract amount. Time and materials. Major Subdivision: Deposit of $750 Minor Subdivision: Deposit of $1,500 Others: Deposit based on estimated contract amount. Deposit to be paid at submittal application or submittal of soil report whichever is earlier. S-060B Landscaping and Tree Protection Agreement Time and materials charged against $100 minimum initial deposit. S-060C COA Compliance Check for Building Permit Issuance Minor Developments - Major Developments - $500 minimum deposit. Time and materials. $1,000 minimum deposit. Time and materials. S-060D Liquor License Site Determination $525 fee S-060E Gun Ordinance Annual License $250 fee. S-060F Deemed Approved Annual Fee $400 yearly fee per ABC license S-060G Subpoena Services Evidence reproduction: $60 per hour, $15 minimum. Witness summons: Time and materials plus mileage, $150 deposit. S-060H Temporary Events $150 Deposit – Time and materials - $2,500 cap. S-061 Growth Management Task Force Review Costs offset by portion of 40% surcharge on Building Review Permit fees. To the extent such revenues are insufficient, costs will be absorbed by the operations reserve. S-062 Growth Management Plan CCTA funds program annually, as long as County was in compliance in prior year. Allocation of funding internally is determined by the Board of Supervisors. Excess costs over annual funding determined by Board of Supervisors is offset by 40% surcharge on building permit fees and the operations reserve. S-063 California Environmental Quality Act Review County Projects - Non EIR Time and materials excluding general overhead. S-064 California Environmental Quality Act Review County Projects -EIR Time and materials excluding general overhead. S-065 Child Care Application Review $1,000 minimum deposit. Time and materials. EXHIBIT A Page 15 of 23 FEE SCHEDULE S-066 Code Enforcement Costs are offset by 40% surcharge on building permit fees. To the extent such revenues are insufficient, costs will be absorbed by the operations reserve. S-066A Late Filing of Development Permit Application Non refundable penalty equal to 50% of application fee or deposit amount. S-067 Counter Information Costs are offset by 40% surcharge on building permit fees. To the extent such revenues are insufficient, costs will be absorbed by the operations reserve. FEES FOR NORTH RICHMOND PLANNED-UNIT DISTRICT AREA S-NR01 Administrative Permits $150 fee, plus time and materials. S-NR02 Land Use Permit – Automotive Uses $1,000 deposit, plus time and materials. S-NR03 Land Use Permit $500 deposit, plus time and materials. S-NR04 Development Permit $1,000 deposit, plus time and materials. S-NR05 Lot Line Adjustment $150 fee per parcel, plus time and materials. S-NR06 Annual Monitoring Fee $50 fee, plus time and materials. S-NR07 Home Occupation $50 fee, plus time and materials. FEES FOR RODEO PLANNED-UNIT DISTRICT AREA S-RD01 Administrative Permits $150 fee, plus time and materials. S-RD02 Land Use Permit – Automotive Uses $1,000 deposit, plus time and materials. S-RD03 Land Use Permit $500 deposit, plus time and materials. S-RD04 Development Permit $1,000 deposit, plus time and materials. S-RD05 Lot Line Adjustment $150 fee per parcel, plus time and materials. S-RD06 Annual Monitoring Fee $50 fee, plus time and materials. S-RD07 Home Occupation $50 fee, plus time and materials. FEES FOR BAY POINT PLANNED-UNIT DISTRICT AREA EXHIBIT A Page 16 of 23 FEE SCHEDULE S-BP01 Administrative Permits $150 fee, plus time and materials. S-BP02 Land Use Permit - Automotive Uses $1,000 deposit, plus time and materials. S-BP03 Land Use Permit $500 deposit, plus time and materials. S-BP04 Development Permit $1,000 deposit, plus time and materials. S-BP05 Lot Line Adjustment $150 fee per parcel, plus time and materials. S-BP06 Annual Monitoring Fee $50 fee, plus time and materials. S-BP07 Home Occupation $50 fee, plus time and materials. FEES FOR MONTALVIN MANOR PLANNED-UNIT DISTRICT AREA * S- MM01 Administrative Permits $150 fee, plus time and materials. S- MM02 Land Use Permit – Automotive Uses $1,000 deposit, plus time and materials. S- MM03 Land Use Permit $500 deposit, plus time and materials. S- MM04 Development Permit $1,000 deposit, plus time and materials. S- MM05 Lot Line Adjustment $150 fee per parcel, plus time and materials. S- MM06 Annual Monitoring Fee $50 fee, plus time and materials. S- MM07 Home Occupation $50 fee, plus time and materials. *Effective July, 2009 to June, 2010 roof conversions (flat to pitch), porch cover/roof extensions, second-story additions, room additions to rear of dwelling, carport conversions to garage, carport conversions to living space, and garage conversions to living space are exempt from building permit fees but must comply with all required building codes and standards, health and safety standards, and the requirements of the Montalvin Manor P-1 zoning district. AFFORDABLE HOUSING REFINANCING PROCESS FEES EXHIBIT A Page 17 of 23 FEE SCHEDULE S- HM01 Multi-Family Affordable Housing Refinancing Fee $1,000 deposit plus time and materials. S-HS01 Single-Family Affordable Housing Refinancing Fee $350 deposit plus time and materials. S- MCC01 Mortgage Credit Certificate Insurance $300 deposit plus time and materials. S- RMCC 1 Reissued Mortgage Credit Certificate $300 deposit plus time and materials. S- MCC02 Replacement lost mortgage credit and reissued mortgage credit certificate $100 deposit plus time and materials. S- MCC03 $400 deposit plus time and materials. S- MCC04 $200 deposit plus time and materials. IN-LIEU FEES FOR INCLUSIONARY HOUSING ORDINANCE – APPLIES TO PROJECTS WITH 5 THROUGH 125 UNITS ONLY. FEES ARE NOT ALLOWED ON PROJECTS WITH MORE THAN 125 UNITS EXCEPT FOR FRACTIONAL UNITS Fees are one option for compliance. See Ordinance for requirements and options for any project of five or more units. Fees may be paid on a fraction of a unit if the calculation of the required number of inclusionary units in a project results in a fraction of a unit. Developments of 5 or more units must provide 15% of the units as affordable. For-sale developments must have 80% of the inclusionary units (12% of total units) as affordable to moderate income households and 20% of the inclusionary units (3% of total units) as affordable to lower income households. Rental developments must have 80% of the inclusionary units (12% of total units) as affordable to lower income households and 20% of the inclusionary units (3% of total units) as affordable to very-low income households. Refer to Ordinance for income definitions. Fee amounts are based on the formula in Section 822.4404(b) of the ordinance. S-IH1 FOR SALE HOUSING Fee equals 12% of total number of units in the development times $0 plus 3% of total number of units in the development times $129,163; i.e., [(0.12 x total units)($0) + (0.03 x total units)($129,163) or $3,874.89 per market rate unit.] EXHIBIT A Page 18 of 23 FEE SCHEDULE S-IH2 RENTAL HOUSING Fee equals 12% of total number of units in the development times $151,965 plus 3% of total number of units in the development times $284,625; i.e., [(0.12 x total units)($151,965) + (0.03 x total units)($284,625) or $26,774.55 per rental unit.] S-068 Final Map Check (Major) Deposit of $1,500 plus $25 per lot. 50% surcharge for accelerated review if available. Lot line revisions after the first check $25 per affected lot. Time and materials. S-069 Parcel Map Check Deposit of $1,500 plus $25 per lot. 50% surcharge for accelerated review if available. Lot line revisions after the first check are $25 per affected lot. Time and materials. S-070 Record of Survey Check The fee is actual time at the County's fully burdened hourly rates charged against an initial deposit of $500, and additional deposits as necessary. The minimum fee is $200. S-072 Public Improvement Plan Check (Major) Based on Improvement Value: $25,000 or less $25,001-$50,000 More than $50,000 Deposit of: $1,500 + 8% of improvement value. $3,500 + 6% of amount over $25,000. $5,000 + 2% of amount over $50,000. Time and materials. 50% surcharge for accelerated review if available. S-073 Public Improvement Plan Check (Minor) Based on Improvement Value: $25,000 or less $25,001-$50,000 More than $50,000 Deposit of: $1,500 + 8% of improvement value. $3,500 + 6% of amount over $25,000. $5,000 + 2% of amount over $50,000. Time and materials. 50% surcharge for accelerated review if available. S-074A Public Improvement Plan Check (LUP) Based on Improvement Value: $25,000 or less $25,001-$50,000 More than $50,000 Deposit of: $1,500 + 8% of improvement value. $3,500 + 6% of amount over $25,000. $5,000 + 2% of amount over $50,000. Time and materials. 50% surcharge for accelerated review if available. EXHIBIT A Page 19 of 23 FEE SCHEDULE S-075 Public Improvement Plan Check (Development Plan) Based on Improvement Value: $25,000 or less $25,001-$50,000 More than $50,000 Deposit of: $1,500 + 8% of improvement value. $3,500 + 6% of amount over $25,000. $5,000 + 2% of amount over $50,000. Time and materials. 50% surcharge for accelerated review if available. S-076 Drainage Review (No Improvement Plan) $700 deposit. Time and materials. S-076A Condition of Approval Compliance Check (No Improvement Plan) $1,000 deposit. Time and materials. S-076B Improvement Agreement Extension $250 if documents signed and submitted 21 days before agreement expires, $400 thereafter. S-076C Public Improvement Plan -Bridge/Major Structure $2,000 + 6% of improvement value. Time and materials. S-077 Public Improvement Inspection (Major) Based on Improvement Value: $100,000 or less $100,001 or more Deposit of: $1,500 + 6.5% of improvement value. $3,500 + 4.5% of amount over $101,000. Time and materials. M & T Lab retests at scheduled test prices. S-077A Public Improvement Inspection - Bridge/Major Structure Deposit of: $1,500 + 7% of improvement value. Time and materials. M & T Lab retests at scheduled test prices. S-078 Public Improvement Inspection (Minor) Based on Improvement Value: $100,000 or less $100,001 or more Deposit of: $1,500 + 6.5% of improvement value. $8,000 + 4.5% of amount over $100,000. Time and materials. M & T Lab retests at scheduled test prices. EXHIBIT A Page 20 of 23 FEE SCHEDULE S-079 Public Improvement Inspection (Land Use Permit) Based on Improvement Value: $100,000 or less $100,001 or more Deposit of: $1,500 + 6.5% of improvement value. $8,000 + 4.5% of amount over $100,000. Time and materials. M & T Lab retests at scheduled test prices. S-080A Public Improvement Inspection (Development Plan) Based on Improvement Value: $100,000 or less $100,001 or more Deposit of: $1,500 + 6.5% of improvement value. $8,000 + 4.5% of amount over $100,000. Time and materials. M & T Lab retests at scheduled test prices. S-081C Public Improvement Plan Review - Landscaping $500 deposit plus 2% of improvement value. Time and materials. S-081D Subdivision Monument Check 1 -2 monuments $500.00 3 -5 monuments $750.00 6-9 monuments (per monument) $125.00 10 or more monuments (per monument) $120.00 Time and materials. S-081E Application Review - Encroachment Permit (small) (driveway, sidewalk repairs, small retaining walls, sewer laterals or water service by property owner, etc.) $35.00 fee plus $500 cash bond required for work in the street. S-081F Application Review - Encroachment Permit (large) Deposit determined by staff based on valuation with a $300 initial deposit. One hour minimum. Time and materials at fully burdened hourly rates. Bond may be required. S-081G Application Review - Encroachment Permit (utilities) Time and materials using fully burdened hourly rates. One hour minimum. "Blanket" permit style services are available upon request for routine utility work within the right of way. S-082B Public Improvement Inspection - Landscaping $500 plus 8% of improvement value. Time and materials. EXHIBIT A Page 21 of 23 FEE SCHEDULE S-082C Encroachment Permit Inspection (small) (driveways, sidewalk repairs, small retaining walls, etc.) $100 fee. Unpermitted inspection fee is double inspection and permit fee. Non-notification for inspection: $100 plus time and materials. S-082D Encroachment Permit Inspection (large) (If engineering plans required for street excavation) Time and materials. One hour minimum. $300 + $1,000 initial deposit charged at time and materials. Non-notification for inspection: $100 plus time and materials. S-082E Encroachment Permit Inspection (utilities) Time and materials. One hour minimum. $300 + $1,000 initial deposit charged at time and materials. Non-notification for inspection: $100 plus time and materials. S-083 Flood Control District Encroachment Construction Permit Review - Time and materials. $400 initial deposit. Inspections - Time and materials. Initial deposit is the larger of $1,000 or 10% of project valuation. Temporary Right of Entry - Time and materials. $400 initial deposit. Non-inspection Notification for Permitted Work - $100 plus actual cost of inspection. S-084A Drainage Permit Application Time and materials against initial deposit determined by staff. $100 minimum. S-084B Drainage Permit Inspection Time and materials against initial deposit determined by staff. $100 minimum. S-085A Miscellaneous Road Permit Application (house move) Time and materials. $500 initial deposit. S-085B Miscellaneous Road Permit Application (house move inspection) Time and materials. $500 initial deposit. S-085C Miscellaneous Road Permit Application (extra legal load) Permit fee set by State. Premium billing service $100 per year plus $100 security deposit. EXHIBIT A Page 22 of 23 FEE SCHEDULE S-085D Miscellaneous Road Permit Application (temporary road closure - construction) For-profit applicant $300.00 Not-for-profit applicant $35.00 S-085E Miscellaneous Road Permit Application (temporary road closure - special events) For-profit applicant $300.00 Not-for-profit applicant $35.00 S-085F Miscellaneous Road Permit Application (extension/modification) $125 per extension/modification. S-085G Road Acceptance Plan Review Same as S-072, S-073, S-074A, S-075 as applicable. Time and materials. S-085H Road Acceptance Inspection Same as S-077, S-078, or S-080A as applicable. Time and materials. S-086 Street Vacation Review If an in-use area: Actual time spent at County's fully burdened hourly rates charged against a $1,700 deposit. If an unused area: Actual time spent at County's fully burdened hourly rates charged against a $900 deposit. Additional mapping fee if map is required, as follows: If map exists: Actual time spent at County's fully burdened hourly rates charged against a $1,000 deposit. If no map exists: Time and materials against a $2,700 deposit. S-086A Floodplain Management Compliance $30 per parcel. S-086B Flood Zone/Base Flood Elevation Determination Flood Zone Determination: $50 per lot, $300 maximum for a group of adjacent lots. If site visit required: $250 plus $50 per lot; $550 maximum for a group of adjacent lots. Base Flood Elevation: Time and materials, initial deposit determined by staff based upon complexity of project. S-086C Floodplain Management Permit Application $325 per application. Time and materials. S-086D Floodplain Elevation Certification $200 per lot. S-086E Floodplain Map Revision/Amendment Floodplain Map Amendment: $500. Base map revision, $35 per lot. Time and materials. EXHIBIT A Page 23 of 23 FEE SCHEDULE S-087 Assessment District Bond Segregation Segregation initiated by owner or County: $1,000 + $30 per lot. Segregation initiated by developer’s engineer: time and materials. $200 initial deposit. $100 minimum. S-088 Certificate of Correction Time and materials. $500.00 initial deposit. S-088A Adopt-a-Road $500 per application. S-088B Adopt-a-Park $250 per application. S-088C Road Name Change (public road) $200 plus $200 installation charge for first intersection, $50 per intersection thereafter. S-088D Corner Record Check Fee same as fee for recording a document at the Recorder's Office. S-088F Base Map Revision $25 per lot. This fee is waived if the parcel maps or final maps are submitted on computer disk. S-088H Amended Map Revision Time and materials plus base map revision fee of $25 per lot for altered lots. $1,000 initial deposit. S-088I Records Information Research/ Survey Assistance Retrieval/Research fee: $60 per hour, $15 minimum. Photocopy charges at published rates. Documents requested to be certified have an additional charge: First page $4.50 Add'l pages $1.00 each S-088J Subpoena Services Evidence reproduction: $60 per hour, $15 minimum. Witness summons: Time and materials plus mileage, $150 deposit. S-088L Computer Map and Data Requests Prices to be set using time and materials, including the cost of data development. RECOMMENDATION(S): OPEN the public hearing on Ordinance No. 2009-34, RECEIVE testimony, and CLOSE the hearing. ADOPT Ordinance NO. 2009-34 establishing a $1 fee on each recorded document in order to implement and operate an electronic recording delivery system. FISCAL IMPACT: This fee will generate approximately $300,000 per year to pay for the implementation and ongoing costs of the Electronic Recording Delivery System. BACKGROUND: AB 578 established the Electronic Recording Delivery Act of 2004 (Article 6 of Chapter 6 of Part 3 of Division 4 of Title 1 of the Government Code). This act provided for the California Attorney General's office to develop and adopt regulations for review, approval, and APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: B. Chambers 335-7910 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: SD. 5 To:Board of Supervisors From:Stephen L. Weir, Clerk-Recorder Date:December 15, 2009 Contra Costa County Subject:Public Hearing and adoption of Ordinance for Electronic Recording Delivery System BACKGROUND: (CONT'D) oversight of electronic recording delivery systems. These regulations provide for system certification and security audits of the system and the users. Electronic Recordng Delivery System means a system to electronically deliver for recording, and to return to the party requesting recording, digitized or digital electronic records. In order to pay costs under this section, Government Code sections 27397 allows a county to impose a fee in an amount up to and including one dollar ($1.00) for each instrument that is recorded by a county. The funds generated by the fee can only be used to pay for the implementation and operation of the electronic recording delivery system, the delivery and approval of vendors and potential authorized submitters, security testing as required by Government Code sections 27300 through 27399, and reimbursement to the California Attorney General for regulation and oversight of the electronic recording delivery system. CONSEQUENCE OF NEGATIVE ACTION: The Clerk-Recorder would have to fund the electronic recording delivery system by another funding mechanism (potentially with General Fund monies) or not participate in this time and cost saving new technology. CHILDREN'S IMPACT STATEMENT: ATTACHMENTS ERDS Ordinance RECOMMENDATION(S): 1. OPEN the public hearing on Resolution No. 2009/551, RECEIVE testimony, and CLOSE the hearing. 2. ADOPT Resolution No. 2009/551 establishing a $10 base fee for recording and indexing the first page of every document required or permitted to be recorded. FISCAL IMPACT: The increase in fees will generate approximately $1,800,000 in new revenues each year, depending on the volume of documents that are recorded. BACKGROUND: An analysis was conducted with the assistance of the Auditor/Controller to determine the current costs associated with processing documents to be recorded and indexed. The analysis shows that Contra Costa County does not recover the full costs it incurs in providing those services. Adoption of the new fees will allow APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: B. Chambers 335-7910 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: SD. 6 To:Board of Supervisors From:Stephen L. Weir, Clerk-Recorder Date:December 15, 2009 Contra Costa County Subject:SB 676 Recording fees BACKGROUND: (CONT'D) the County to recover most of the costs of providing the mandated duties of recording and indexing documents for the public record. Tables showing the Recorder fee calculations were made available to the public before the introduction of this resolution. SB 676 (Chapter 606) Section 2 Government Code 27361 is amended to read: 27361. (a) The fee for recording and indexing every instrument, paper or notice required or permitted by law to be recorded shall not exceed ten dollars ($10) for recording the first page and three dollars ($3) for each additional page, to reimburse the county for the costs of services rendered pursuant to this subdivision. CONSEQUENCE OF NEGATIVE ACTION: Failure to increase the base recording fee will cause the county to not be able to collect new revenues, customer service will remain at the reduced level and the County will not be able to recover most of the cost to provide the recording and indexing services. CHILDREN'S IMPACT STATEMENT: ATTACHMENTS Resolution No. 2009/551 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/15/2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSE: Resolution No. 2009/551 A resolution of the Contra Costa County Board of Supervisors to increase recording and indexing fees. Whereas: Effective January 1, 2010, Government Code section 27361 authorizes the County Clerk-Recorder to charge a maximum base fee of $10 for recording and indexing the first page of every instrument, paper, or notice required or permitted to be recorded; Whereas: The County Clerk-Recorder has conducted a fee study that determines that charging a base fee of $10 for recording and indexing the first page of every instrument, paper, or notice required or permitted by law to be recorded, and charging a base fee of $3 for recording and indexing each additional page, does not exceed the amount required to provide the service of recording and indexing every instrument, paper, or notice required or permitted to be recorded. The Clerk-Recorder currently charges a base fee of $4 for recording and indexing the first page of every instrument, paper, or notice required or permitted to be recorded and a base fee of $3 for recording each additional page; Whereas: This resolution is adopted pursuant to the procedures set forth in Government Code section 66018. All required notices have been properly given and public hearings held. NOW, THEREFORE, BE IT RESOLVED: On and after February 1, 2010, or on and after the adoption date of this resolution, whichever is later, the following base fee is adopted and shall be charged and collected for the service set forth below: Service Fee Recording and indexing the first page of every instrument, paper, or notice required or permitted by law to be recorded $10 2. All other Clerk-Recorder fees remain in full force and effect, including the $3 base fee for recording and indexing each additional page of a document following the first page. 3. The Clerk-Recorder fee schedule shall be revised to be consistent with this resolution. Contact: B. Chambers 335-7910 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: RECOMMENDATION(S): ADOPT Resolution No. 2009/583, approving the Side Letter between Contra Costa County and Public Employees Union, Local One regarding the County's decision to enter into a contract with The P.C. Professional Incorporation and approving and authorizing the Health Services Director, or his designee to execute the contract in an amount not to exceed $378,000 for the period from November 1, 2009 through October 31, 2010. (100% Enterprise Fund I) FISCAL IMPACT: The contract is funded 100% by Enterprise Fund I revenues. BACKGROUND: The contract encompasses subcontracted work that is arguably within the Local One Bargaining Unit. The parties have met and conferred and agreed to allow limited subcontracting to continue. The Department requires temporary supplemental personnel when needed to complete projects that require computer technical services in a timely manner. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Ted J. Cwiek, 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: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: County Administrator, County Counsel, Auditor-Controller, Human Resources Department, Human Resources Department SD. 7 To:Board of Supervisors From:Ted Cwiek, Human Resources Director Date:December 15, 2009 Contra Costa County Subject:Side Letter Agreement Between Contra Costa County and Public Employees Union, Local One - Contract with The P.C. Professional Incorporation BACKGROUND: (CONT'D) On December 9, 2008, the Board of Supervisors approved Contract #23 423 1 (as amended by Amendment Agreement #23-423-2) with the PC Professional Incorporation to provide consultation and technical assistance to the Department’s Information Systems Unit with regard to technical support services, as requested by County, for the period from November 1, 2008 through October 31, 2009. Approval of Contract #23-423-3 will allow the Contractor to continue to provide services, through October 31, 2010. Services requested under this contract will be in compliance with the side letter. ATTACHMENTS Resolution No. 2009/583 Side Letter THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/15/2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSE: Resolution No. 2009/583 SUBJECT: In the Matter of Adopting the Side Letter Agreement between Contra Costa County and Public Employees Union, Local One WHEREAS the contract with P.C. Professional Incorporation encompasses subcontracted work that is arguably within the Local One Bargaining Unit. The parties have met and conferred and agreed to allow limited subcontracting to continue. Now, Therefore, Be It Resolved that the Board of Supervisors of Contra Costa County ADOPT the Side Letter Agreement between Contra Costa County and Public Employees Union, Local One. Contact: Ted J. Cwiek, 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: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: County Administrator, County Counsel, Auditor-Controller, Human Resources Department, Human Resources Department RECOMMENDATION(S): DECLARE the Board’s intent to adopt a FY 2010/11 General Fund budget that balances annual expenses and revenues; 1. ACKNOWLEDGE that significant progress had been made in recent years towards restoring the County’s fiscal health; 2. ACKNOWLEDGE that significant economic stresses have reduced reserves recently;3. ACKNOWLEDGE that restoration of reserves and an improved credit rating is a priority; 4. ACKNOWLEDGE that due to State deficit projections, State revenue reductions to counties are likely to be significant; 5. RE-AFFIRM the Board’s Policy prohibiting back-filling State cuts with General Purpose Revenue;6. DIRECT Department Heads to work closely with the County Administrator to achieve a balanced budget that minimizes net County cost while continuing core service delivery levels; 7. DIRECT Departments, in cooperation with Labor Relations, to begin if necessary the meet and confer process with employee representatives regarding the impact of potential program reductions on the terms and conditions of employment for affected employees; 8. 9. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes:Speaker: Rollie Katz, Public Employees' Union, Local 1. VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lisa Driscoll, County Finance Director, 925-335-1023 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: All County Departments, Lisa Driscoll, County Finance Director, Laura Strobel, Budget System Administrator, Marie Rulloda, Budgets/Auditor-Controller SD. 8 To:Board of Supervisors From:David Twa, County Administrator Date:December 15, 2009 Contra Costa County Subject:FY 2010/11 Recommended Budget Development RECOMMENDATION(S): (CONT'D) DIRECT the County Administrator to return to the Board April 20 with a FY 2010/11 Recommended Budget that meets the above requirements; DESIGNATE Tuesday, April 20 for FY 2010/11 budget hearings (including Bielenson hearings if needed); and Tuesday, May 11 for adoption of the FY 2010/11 County and Special District Budgets; and DIRECT the Clerk of the Board to publish notice of the budget hearings and availability of budget documents. FISCAL IMPACT: None. However, the result of the recommendations herein, if implemented, will improve the County’s overall fiscal stability and multi-year outlook. BACKGROUND: The recommended actions today will direct the County Administrator to return April 20 with a Recommended Budget that balances expenses with revenues for the 2010/11 fiscal year. This action follows both the Budget and Reserve Policy. Building on labor concessions made this year, we plan an approach that will minimize service reductions as much as possible. Unfortunately, the fiscal projection does not yet appear to provide the opportunity to rebuild services and reserves. Especially in light of a projected State deficit of $20 billion. Recommended Budget Development There are many challenges that the County will face in the coming fiscal year, not all of which stem from the State budget. The County Administrator believes there will be further decline in local property tax and other general purpose and program revenues used to fund the baseline cost of services into FY 2010/11. Although the County has sustained most of the structural cuts that balanced the last five County budgets, many one-time solutions were used to balance the current fiscal year, which creates a gap for FY 2010/11. Additionally, there are factors over which the County has little or no control (such as Federal and State budgets, economic changes, and demographics) that will affect the ultimate size of the baseline budget and ultimately the County’s budget challenge. Department Heads will be expected to work closely with the County Administrator to achieve a balanced budget that restricts net County cost growth while minimizing service delivery cuts. Wherever possible, categorical/ program revenues will be increased to offset increased cost of doing business. Restrictions on increases in net County cost needed to balance the budget may result in the loss of federal and State program revenues, and this added loss may cause program reductions. Meet and Confer Departmental budget requests are due to the County Administrator’s Office on February 22. At that time Department Heads will know which, if any, positions may be affected by reductions necessary to balance the budget. Departments, in cooperation with Labor Relations, will if necessary, begin the meet and confer process with employee representatives regarding the impact of potential program reductions on the terms and conditions of employment for affected employees. Early planning will allow Departments a reasonable period of time to meet and confer, and permit them to implement all budgetary required actions prior to July 1, 2010. As with the last four fiscal years, this progress will allow the County to adopt a budget that is balanced from the first day of the new fiscal year. Public Notice The County Budget Act requires that the Board of Supervisors publish a notice in a newspaper of general circulation throughout the county, stating when budget documents will be available and the date of Budget Hearings. The FY 2010/11 Proposed Budget document will be available to the public on April 9, 2010. Conclusion The County Administrator will return to the Board on April 20 with a FY 2010/11 Recommended Budget that meets the requirements listed above. Tuesday, April 20 will be reserved for FY 2010/11 budget hearings including Bielenson hearings if needed. Additionally, it is recommended that the County Administrator return to the Board of Supervisors on Tuesday, May 11 for adoption of the FY 2010/11 County and Special District Budgets, including any changes the Board makes on April 20. CONSEQUENCE OF NEGATIVE ACTION: CHILDREN'S IMPACT STATEMENT: FISCAL IMPACT: None APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes:Speaker: Rollie Katz, Public Employees' Union, Local 1. VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Luis Quinonez 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: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: SD. 9 To:Board of Supervisors From:Susan A. Bonilla, District IV Supervisor Date:December 15, 2009 Contra Costa County Subject:Support Repair California's efforts to convene a limited Constitutional Convention ATTACHMENTS Resolution No. 2009/556 Repair CA Fact Sheet Repair CA FAQ Repair CA Delegate Selection Repair CA Polling Place In the matter of:Resolution No. 2009/556 CONTRA COSTA COUNTY SUPPORT FOR REPAIR CALIFORNIA’S BALLOT MEASURES CONVENING A STATE CONSTITUTIONAL CONVENTION WHEREAS, the Bay Area Council, a business sponsored, public policy organization for the some of the largest employers in California has created Repair California, a non-partisan, statewide coalition of individuals and organizations, which advocates for convening a limited Constitutional Convention to repair California’s governance; and WHEREAS, California has one of the oldest state Constitutions still in use today and is the world’s third longest Constitution. With 512 amendments, the Constitution of California is eight times the length of the U.S. Constitution. When our Constitution was written, the state’s population was nearly 8,000 residents. Now our state possesses more than 7,000 units of government and more than 36 million residents. Due to our constitutional challenges, there is no “silver bullet” reform; and WHEREAS, Repair California will seek to place two measures on the ballot which will be the first systematic reform of the guiding document of our great state since 1879; WHEREAS, the first ballot measure will amend the state Constitution to allow for the electorate to call a Constitutional Convention; the second measure will call and convene a limited state Constitutional Convention focused on issues of governance; and WHEREAS, the judicially-enforceable, limited Constitutional Convention will focus solely on issues of governance, defined as elections, the budget process, revenue distribution, and restoring the balance of power between the state and local governments; and WHEREAS, designed to offer certain protection to the people of the Golden state, California’s Constitution has largely been ignored in Sacramento, where the choice has been made to balance the budget by using property tax revenues, siphoning gas tax money, and halting important projects by taking redevelopment funds. Numerous punitive articles shifting power and revenue away from local governments are permanently locked into the current state Constitution. NOW, THEREFORE BE IT RESOLVED, that the Contra Costa Board of Supervisors declares its support for the dual ballot measures proposed by Repair California to convene a State Constitutional Convention in California to revise the guiding document of our great state. ___________________ SUSAN A. BONILLA Chair, District IV Supervisor ______________________________________ JOHN GIOIA GAYLE B. UILKEMA District I Supervisor District II Supervisor ______________________________________ MARY N. PIEPHO FEDERAL D. GLOVER District III Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, By: ____________________________________, Deputy       Constitutional Convention Ballot Measures Fact Sheet    • Repair California filed two ballot measures on October 28, 2009, to call for a limited  state Constitutional Convention.  They are currently awaiting title and summary from  the Attorney General.    • The first ballot measure, the Citizens’ Constitutional Convention Act, amends Article 18,  Section 2 of the California Constitution to allow the citizens of California to call for a  Constitutional Convention by the vote of simple majority in a state‐wide election ballot.      o It specifies that a Call for a Convention can be made through the initiative  process, so long as no convention has convened within ten years of such an  election.      o It stipulates that whether a Convention is called through the Legislature (the  current route to a Convention) or through the initiative process (the new route  to a Convention), the Convention call may prescribe judicially enforceable limits  (a limited scope), it authorizes the Convention to propose both a revision or  separate amendments to the Constitution and finally, it allows the call to outline  a fair methods for selecting or electing delegates.    • The second ballot measure, The Call for a Citizens’ Limited Constitutional Convention,  would call for the Convention and set forth the following rules and principals:    o Forms the Constitutional Convention Commission, made up of the Fair Political  Practices Commission or their designees, which will:  Incur all costs of the  Convention; determine the date and location of the Convention; hire the  Constitutional Convention Clerk and other staff and counsel; be the final arbiter  of delegate qualification; provide for the training of delegates; determine if  required deadlines should be extended; and, provide any additional assistance as  determined by the Convention.    o Outlines the duties of the Constitutional Convention Clerk who will:  Prepare and  manage the Convention budget; establish Convention rules for adoption; serve  as interim‐Chair for Convention until the delegates elect a Chair; hires staff and  provides analysis for the delegates’ deliberation (provided that the delegates  may also call upon the state’s Legislative Analyst or other sources of  information); establish and maintain Convention website; and, oversee the  administration of Convention and other duties determined by the Commission or  the Convention.        o Describes the three different types of delegates to be selected: Assembly District  delegates, County delegates and Indian Tribe delegates.    ƒ There will be 240 Assembly District delegates, three from each district.  ƒ There will be one County delegate for each 175,000 residents of that  County. If a County has less than 175,000 residents, it will have one  delegate.    ƒ There will be four Indian Tribe delegates, serving as representatives of  the federally recognized Indian Tribes in the State.    o Outlines the process by which each type of delegate is selected. (see Delegate  Selection paper)    o Limits the scope of the Convention to the following four categories:  ƒ Government Effectiveness, with emphasis on establishing a method for  ensuring government efficiency.  ƒ Elections and the Initiative Process, with a focus on reducing special  interest influence.  ƒ Spending and Budgeting, relating to the process, term and balancing of  the budget, voting thresholds and mandating spending.  ƒ Governance, including the relationship between the state and local  governments and the structure of the legislative and executive branches.    o Further limits the scope of the Convention by dictating that the Convention may  not propose direct tax or fee increases nor shall it address social issues or other  issues related to increasing taxes and changes that could threaten protections on  civil rights.    o Requires the Convention commence no later than May 20, 2011 and the  delegate’s package of proposals will be voted upon no later than at the  November 2012 general election.    o Outlines quorum, voting rules and order of business responsibilities.    o Ensures that all proceedings of the Convention are free and open to the public  and sets forth rules to ensure openness and transparency.    o Note: The parameters governing the proposed Convention set forth in this  initiative and inserted as statutory government code will expire on December 31,  2012, unless otherwise extended by the Legislature.          Repair California: We are a broad‐based coalition of Californians dedicated to achieving real  reforms that are needed to get California functioning again.     Frequently Asked Questions » What is a Constitutional Convention? A Constitutional Convention is a gathering of delegates for the purpose of revising an existing constitution or writing a new constitution. » Why should a Constitutional Convention be convened? We think it is undeniable that California’s government suffers from drastic dysfunction – our financing system is bankrupt, our prisons overflow, our water system teeters on collapse, our once proud schools are criminally poor, our democracy produces ideologically‐ extreme legislators that can pass neither budget nor reforms, and we have no recourse in the system to right these wrongs. Most of these problems are a byproduct of the outdated system and rules of governance enshrined in our current constitution. California’s constitution was always meant to be a living document that could adjust to the times, but it hasn’t been systematically reformed since 1879. Our constitution needs serious structural reforms, chosen and authorized by the people, and a Constitutional Convention is the only politically viable means to achieve those reforms. » What is your new process to call a California Constitutional Convention? We submitted two ballot measures to call for a limited Convention. One would give the right to call a Convention to the people and the other would call the Convention and set the timeline, process and scope. (Prop 1 | Prop 2) This voter‐driven Convention would have the same powers as a Convention created by the legislature, and the product of the Convention would still be subject to majority approval by the voters in order to take effect. It is worth noting that one of the fundamental statements of the California Constitution is: All political power is inherent in the people. Government is instituted for their protection, security, and benefit, and they have the right to alter or reform it when the public good may require. » Could the amendment allowing voters to call a California Constitutional Convention and the actual call be on the same ballot? Yes. According to our legal counsel, the amendment to allow the voters to directly call a Constitutional Convention and an immediate call for a constitutional convention can be on the same ballot. For example, “Proposition 1” would amend the Constitution to allow voters to call a Convention and “Proposition 2” would ask voters if the Convention should be called now. Article 2, section 10 (A) of the Constitution states “An initiative statute or referendum approved by a majority of votes thereon takes effect the day after the election, unless the measure provides otherwise.” 1 » What is the timeline to a California Constitutional Convention in 2010? On October 28, 2009 we submitted our ballot measures to the Attorney General for title and summary. The Attorney General has until November to issue titles and summaries for our measures. That starts the race to collect enough signatures to get the measures on the ballot. We have 150 days to get nearly 1.4 million signatures for the two initiatives. » What revisions could be made during the Constitutional Convention? In our initiative language, we outlined the scope of the Convention to address: Government Effectiveness, including a method for periodically reviewing each State agency, department, board and commission to determine whether it is performing its functions to meet the needs of the people of the State and whether it should have its enabling legislation modified, be merged into another new or existing entity, or cease to exist. • Elections and Reduction of Special Interest Influence, including the initiative and referendum process, the election of state office holders, campaign finance, term limits, and ways to increase legislative responsiveness, reduce gridlock and produce full representation of all Californians. • Spending and Budgeting, including the budget process and related requirements, the term and balancing of a budget, voting thresholds, mandated spending, and ways to increase fiscal accountability and efficiency. • Governance, including the relationship between the state and local governments, and the structure of the legislative and executive branches of government. • » Can the topics of a Constitutional Convention be limited? Other states have ruled convincingly that, yes, Conventions may be limited to consider only certain subjects; and second, the Convention may be limited from considering certain subjects. According to state Constitutional Convention experts at Rutgers University: Questions always arise about whether state Constitutional Conventions can actually be limited, or whether there is a possibility of a “runaway” state Constitutional Convention. These are, of course, legitimate questions but the law in the United States seems to be clear that if the proper procedures are followed to impose limitations on a state Constitutional Convention those limits will be legally enforceable. This precedent applies both to Conventions emanating from the legislature or directly from the people by initiative. The limitations would need to placed in the enabling legislation that the people vote on. Sometimes delegates are obliged to take an oath that they will confine themselves to the issues committed to them by the Convention call. » Who are the delegates in a Constitutional Convention? Click here to view the delegate selection process outlined in our initiative language. The makeup of the Convention in California is not stipulated, except that delegates geographically represent proportionate amounts of population. In the 1878 Convention, there were 152 delegates: 3 from each Senate district and 32 at‐large delegates. Courts across the U.S. have ruled that delegates do not necessarily need to be elected to Constitutional Conventions since a Convention is not a “governing body” but simply a “recommending body” whose only authority is to propose amendments to be submitted to a vote of the people. » What is the history of Constitutional Conventions in California? California has had two previous Constitutional Conventions: in 1849 and in 1878, which produced our current system. In 1962, the constitution had grown to 75,000 words, which at that time was longer than any other state constitution but Louisiana. That year, the electorate approved the creation of a “California Constitution Revision Commission,” which worked on the constitution from 1964 to 1976. The legislature placed revisions emanating from the Commission on the ballot. The electorate ratified the Commission's revisions in 1966, 1970, 1972, and 1974. In the end, the Commission managed to remove about 40,000 words from the constitution, but otherwise made only minor changes. 2 » What happens in other states? Constitutional Conventions are fairly common in the United States. Indeed, in 14 other states, voters are automatically asked every 10‐20 years whether to authorize a Constitutional Convention and 25 percent of the time the voters have said “yes” to a Convention. In seven other states a simple majority of the legislature may call a Constitutional Convention. Click here for more information on Conventions in other States. » Where and when will the Constitutional Convention meet? To ensure that a Convention is held in a timely fashion once it is authorized, the Convention call should specify a date on which and a place at which the Convention must first meet. The Convention of 1849 met in Colton Hall in Monterey, and the Convention of 1878 met in the Assembly Chambers in Sacramento. Some have proposed holding the Convention in the Assembly Chambers again, but that might interfere with the regular operation of the Assembly. Most likely a neutral location in Sacramento would be most appropriate, but other locations could be considered, or the Convention could move around the state. » How long would the Constitutional Convention meet? Other states typically specify an ending date as well as a beginning date in their enabling legislation. The deadline for conclusion of the Convention's work serves as a spur to action, reduces the cost of holding a Convention, and ensures sufficient time for public consideration of proposals before the ratification vote. One study of Conventions from 1938‐1968 found that their average duration was 2.6 months. The 1878‐1879 Convention, which rewrote the entire California Constitution met for five months and four days. The duration of a California Constitutional Convention would likely be determined by the time period between the authorization vote and enough time to place the revision on the next convenient statewide election ballot. » What are the approximate costs of a Constitutional Convention? This question would be best answered by the California Legislative Analyst. Illinois’s Legislative Analyst estimated costs up to $23 million for a Convention in Illinois in 2008. This sounds high, but the cost for, the budget delay in California are $ 40 million each day. The last budget negotiation was so late it added $9 billion to the budget shortfall. Help Grow the Movement Main Navigation The Coalition Sign up to receive updates about the latest developments with the campaign, and find us on twitter, facebook, and YouTube to network with other activists. Repair California, Sponsored by the Bay Area Council Design by Lion Interactive About the Convention Upcoming Events Multimedia Press Donate to the Cause Join Our Cause About Us Contact Us 3 County DelegatesAssembly District DelegatesHow it works...How it works...Routes to become a Delegate to the California Constitutional ConventionThe County Delegate Selection Committee of each County will hold public meetings to select, by major-ity vote, County delegates to the convention. Any person interested can and should apply. The State Auditor randomly selects the names of 400 people in each Assembly District across California.Those 400 people, per district, will receive informa-tion by mail about becoming a delegate. If they are interested in serving, they respond to the Auditor. Of those who responded favorably, 50 individuals per assembly district will be invited to attend a presentation to learn more about duties and responsibilities of a delegate. At the meeting of 50, following discussion and deliberation, they will vote for three in their own ranks to represent the Assembly District as delegates to the Constitutional Convention.www.repaircalifornia.orgIn each County there will be a Delegate Selection Committee made up of fi ve people: Two members of the Board of Supervisors, two mayors and a school board or board of education member. Each California County will have one delegate for every 175,000 residents. If a County has a population of less than 175,000, they will have one delegate. Recent population esti-mates show that there would be 221 County Delegates.The three cities that have a population of over one million (Los Angeles, San Diego & San Jose) will have their share of delegates chosen at the city level by the members of the City Council, under the same process the County Delegate Selection Committee. In addition, the four federally recognized Indian Tribes will also ap-point their own delegates.Each California Assembly District will have three delegates. In total, there will be 240 Assembly District Delegates.California Constitutional ConventionStep OneStep OneStep TwoStep TwoStep Three221240** Based on population estimates Contact: John Grubb O: 415-946-8705 C: 415-847-6320 CALIFORNIANS WOULD VOTE TO AUTHORIZE AND CALL CONSTITUTIONAL CONVENTION, NEW STATEWIDE POLL OF 1000 VOTERS FINDS Support Remarkably Consistent Across Party Lines, Age Groups, and Voting Propensity CALIFORNIA, September 16, 2009 — Californians appear ready to support two measures to call a limited citizen’s Constitutional Convention to reform the state’s failed governance system, according to a poll conducted by EMC Research for Repair California. After explaining basic details of the proposal, such as who could serve as delegates and what issues would or would not be considered, more than two-thirds of Californians (69 percent) would vote yes on “Proposition 1,” or the Citizen’s Constitutional Convention Act, which would allow the voters of California to directly call a Convention. A similar supermajority of 71 percent would vote yes on “Proposition 2,” or the Call for a Citizen’s Constitutional Convention, which would immediately call a limited Constitutional Convention to assemble a representative cross section of people of the state to propose reforms to the state’s governance structure. Both measures only require a simple majority of 50 percent of voters to win on Election Day. The poll was conducted September 8-13, 2009 with 1000 registered California voters and has a margin of error of 3.1 percent. “These results confirm what we have heard from Californians across the state who are intensely frustrated with the failure of state government – and the damage it has caused – and are ready to take power into their own hands to fix it,” said Jim Wunderman, President and CEO of the Bay Area Council and a member of Repair California. “We are ecstatic to see support runs deep across party lines, ethnicities and age groups.” After sharing details of the Convention, and subjecting voters to opponent and supporter messages, 70 percent of registered Republicans would call the Convention, 71 percent of Democrats and 74 percent of decline to state voters would vote yes. In age groups, support was highest among young 18-34 year-old voters with 73 percent reporting they would vote yes, but 71 percent of those 55 years-old or higher would also approve the measures. Turnout is often considered a key political factor for ballot measures, but the Constitutional Convention measures are strong with low propensity voters (71 percent) and with high propensity voters (70 percent). Support for the Constitutional Convention was particularly high with Latino voters (80 percent). Men registered as decline to state voters were least supportive, with 67 percent saying they would support the measure. Voters are extremely pessimistic about the direction of California. Only 14 percent think the state is on the right track and 77 percent think the state is on the wrong track. Voters were asked what their highest priority would be if they were a delegate to a Constitutional Convention limited to governance reform. Their highest priorities were limiting the influence of special interests, reducing waste and bureaucracy, and controlling spending. Their lowest priority was changing Prop. 13. If the election were held today, without any basic information or positive or negative campaigning, just rudimentary ballot language, the two measures still look strong with 57 percent voting yes on Proposition 1 and 34 percent voting no. Sixty-three percent would vote yes on Proposition 2 and 28 percent would vote no. Repair California is finalizing two ballot measures to submit to the Attorney General for the November 2010 ballot. The first measure would amend the Constitution to give the voters the right to call a Constitutional Convention, a right currently reserved only for the Legislature. The second measure would call the Convention. As has been successfully and legally done in many other states, the measure would limit the Convention to issues of governance, specifically delineated as (1) the budget process, (2) the election and initiative process, (3) the relationship between state and local governments, and (4) management of state bureaucracy. Delegates would be barred from proposing any tax increases. If called, the Convention would gather in early 2011, then propose a revised system of governance to the voters in a special election in late 2011. “We want to make one thing very clear: This effort is as diverse as the state of California,” said Wunderman. “We are working with Republicans, Democrats, Greens, Libertarians and Nonpartisans. We are working with every gender, ethnicity and age group. Part of our systemic failure is our dissension into narrower and narrower interests. This Convention can unite us again.” # # # About Repair California Repair California is a broad-based coalition of Californians dedicated to achieving real reforms that are needed to get California functioning again. While the movement was initiated by the Bay Area Council, it has rapidly spread to include individuals and groups from around the state. RECOMMENDATION(S): ADOPT Traffic Resolution No. 2009/4304 closing Carquinez Scenic Drive (Road No. 2191B) daily from sunset to sunrise the following day, for safety concerns, as recommended by the Public Works Director, Martinez area. FISCAL IMPACT: There will be a reduction in the costs of removing refuse and trash from the road. BACKGROUND: Due to landslides in the early 1980s the Board of Supervisors closed Carquinez Scenic Drive from the Ozol Fuel Facility (owned by the United States of America) to the Contra Costa Brick Works Plant. The Carquinez Strait Regional Shoreline Park abuts both sides of the Carquinez Scenic Drive from the Martinez Cemetery to the Ozol Fuel Facility. Nighttime activities along the road generate refuse, trash, and human waste. On November 20, 2004, Traffic Resolution No. 2004/4093 was adopted, which gave the East Bay Regional Park District permission from the County to close the road overnight, to install a gate, and to close APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jerry Fahy, (925) 313-2276 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: SD.10 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:December 15, 2009 Contra Costa County Subject:Traffic Resolution No. 2009/4304 extending the closure of Carquinez Scenic Drive, Martinez area BACKGROUND: (CONT'D) the gate daily from sunset to sunrise the following day. On December 19, 2006 Traffic Resolution No. 2006/4189 was adopted, which gave the East Bay Regional Park District permission to close the road overnight for an additional 18 months. On August 19, 2008 Traffic Resolution No. 2008/4266 was adopted which gave the East Bay Regional Park District permission to close the road overnight for another 18 months. The County Public Works Department, California Highway Patrol and the County Sheriff's Department support the Park District’s request to extend the closure for an additional 18 months and recommends that the Board of Supervisors support the Park District’s request and that they approve Traffic Resolution No. 2009/4304, based on the followng: 1) There is serious and continual criminal activity on Carquinez Scenic Drive (Road No. 2191B), beginning at the Martinez City Limit and proceeding northwesterly for 1.7 miles; 2) Carquinez Scenic Drive has not been designated as a through highway or arterial street; 3) Vehicular traffic on Carquinez Scenic Drive contributes to the criminal activity; 4) The 18-month overnight closure extension of Carquinez Scenic Drive will not substantially adversely affect traffic flow, safety on the adjacent streets or in the surrounding neighborhoods, the operation of emergency vehicles, the performance of municipal or public utility services, or the delivery of freight by commercial vehicles in the area of the section of Carquinez Scenic Drive that is proposed to be temporarily closed. CONSEQUENCE OF NEGATIVE ACTION: The East Bay Regional Park District would not be able to close the road at night and the nighttime activities that are occurring along the road would continue. ATTACHMENTS Traffic Resolution 2009/4304 TRAFFIC RESOLUTION NO. 2009/4304 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Traffic Resolution on December 15, 2009 by the following vote: AYES: NOES: ABSENT: TRAFFIC RESOLUTION NO. 2009/4304 ABSTAIN: Supervisorial District II SUBJECT: Extend the overnight closure of Carquinez Scenic Drive (Road No.2191B) daily from sunset to sunrise the following day, for safety concerns. The Contra Costa Board of Supervisors RESOLVES that: Based on the recommendations by the County Public Works Department's Transportation Engineering Division, and pursuant to State of California Vehicle Code Section 21101.4, the following traffic regulation is established (and other action taken as indicated): Pursuant to Section 21101.4 of the State of California Vehicle Code declaring a road closure from sunset to sunrise the following day, daily on Carquinez Scenic Drive (Road No. 2191B), starting at the Martinez city limit and proceeding northwesterly for 1.7 miles, Martinez area. MO:jcw G:\TransEng\2008\BO-TR\4266-2191B.doc Orig. Dept.: Public Works (Traffic) Contact: Jerry Fahy (313-2276) cc: California Highway Patrol Sheriff’s Department East Bay Regional Park District City of Martinez, PWD I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: DAVID TWA, Clerk of the Board of Supervisors and County Administrator By , Deputy RECOMMENDATION(S): Accept the Report from the Finance Committee on the re-use of the 30 and 40 Muir Road building complex to reduce by over 50% the estimated costs from the $45 million previously approved development at the Summit Center site located on Arnold Drive down to $18 million which includes $15 million for the remodel, $1.2 million for the County debt service on the buildings, and approximately $1.5 million for energy efficiency, other green construction measures and information technology improvements; Approve the re-use and remodel of the 30-40 Muir Road building complex for occupancy by the Department of Conservation and Development (DCD) as a means to support the consolidation of DCD’s four Martinez office sites in order to further the streamlining of municipal services directed by the Board with the merger of the Building Inspection (BI) and Community Development (CDD) Departments; Authorize the General Services Department (GSD) to carry out the necessary processes to expedite the remodel and re-use of the 30-40 Muir Road building complex including improvements for energy efficiency and other “green” construction in collaboration with the Department of Conservation and Development and to provide the Board APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Catherine Kutsuris (925) 335-1221 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: SD.11 To:Board of Supervisors From:Finance Committee Date:December 15, 2009 Contra Costa County Subject:Report on 30-40 Muir Road Building and Approve Remodel for Use by the Department of Conservation and Development RECOMMENDATION(S): (CONT'D) with status reports on the project at six month intervals. FISCAL IMPACT: Re-use of the 30-40 Muir Road building complex by the Conservation and Development Department relieves the County General Fund of a $1.2 million debt service liability as well as the annual maintenance costs for this building complex. No General Fund money will be used for the renovation. Costs will be covered by that portion of the land development fees determined in the 1991 Cost/Revenue analysis completed by Management Services Institute, Incorporated (MSI) and approved by the Board of Supervisors as necessary for facility requirements and operations. Additionally, the improved energy efficiency will assist in reducing overall County energy costs. BACKGROUND: In 2006, the Board authorized GSD to work with the then Building Inspection (BI) and Community Development Departments (CDD) in obtaining consulting services and completing a needs assessment and site comparison for a new building to be used by the two departments. Based upon a previous review of county facilities conducted by GSD, the Board recognized the increasing deterioration of the North Wing of the 651 Pine Street, Martinez building occupied by BI and CDD and the increasing costs to maintain this facility. Over the next 20 years, the cost to maintain the North Wing facility was projected to be $15 million. This projected cost did not include renovations to the Application and Permit Center to accommodate customers and the public or any other renovations to support streamlining of services between and within various work groups. Moreover, the $15 million did not include the increased facilities costs resulting from the need to relocate both the Redevelopment Agency staff and the Business and Information Services staff to other sites within the Martinez area. The building needs assessment and site comparison resulted in a recommendation for use of a vacant site on the Summit Center property along Arnold Drive in Martinez. Construction of a new building and the needed site improvements to accommodate the building and customers were estimated to cost from $45 million to $48 million. Use of this site was approved by the Board in late 2007 with direction that GSD, BI and CDD return to the Board with report on design and build processes to be used. The merger of Building Inspection and Community Development Department in 2008 combined with the severe economic downturn prompted the Department of Conservation and Development to initiate discussions with the General Services Department regarding possible alternative buildings already owned by the County that would meet the Development's needs and would reduce the overall costs. A review of available existing County facilities resulted in a more detailed consideration of the 30-40 Muir Road building complex for use by the Department. Based upon the review with GSD, the Department of Conservation and Development has concluded that the 30 & 40 Muir Road facility will meet their needs in terms of location and parking, and will provide greater program integration and work efficiencies intended with the Board’s merging of the two departments. Currently DCD is using, or will be using in the next few months, approximately 62,000 square feet of space at four different locations in the Martinez area. DCD occupies 37,500 square feet in the North Wing and Main Administration Building at 651 Pine Street. An additional 5,000 square feet is rented office space at 600 Main Street. The Redevelopment staff occupies 7,500 square feet at the Summit Center on Arnold Drive. The Weatherization Program currently occupies another 7,500 square feet on Glacier Drive at the Probation/Juvenile Hall complex which is used both by staff and for storage of equipment and supplies used for weatherization of homes; it is anticipated that expansion of the weatherization program will require another 1,000 feet of materials storage. Additionally, DCD has recently vacated public storage facilities and relocated files and other land use documents into 3,500 square feet located on the Probation/Juvenile Hall site. Use of the 30-40 Muir Road site by DCD would allow consolidation of all department operations and storage into one facility. The DCD operations would take up the entire square footage available in the Muir Road buildings. COST CONSIDERATION The estimated cost of building a new 64,000 square foot building located at the Summit Center on Arnold Drive is $45 million to $48 million. The estimated cost of improvements for both Muir Road buildings with 63,000 square feet is approximately $15 million with an additional $1.5 million for energy efficiency measures and technology upgrades to the buildings and $1.2 million in existing County debt service on the two buildings. Moreover, the monthly occupancy cost for DCD in its current locations averages out to be $0.75 per square foot. The monthly occupancy cost at 30 & 40 Muir Road would be approximately $0.72 per square foot. Occupancy costs include utilities, insurance, custodial, grounds, garbage pickup, and ongoing building maintenance and repairs. GSD has estimated that over the next 20 years, maintenance costs for DCD at 651 Pine Street will be $15 million. DCD would also have to cover an additional $1.9 million in rent costs over the next 20 years for the space at 600 Main Street and for the 3500 square feet of file storage on Glacier Drive based upon the current rental charges. The combined costs of $16.9 million for maintenance and rent on existing space not only fully cover the costs for the improvements to the Muir Road buildings but also provides DCD with space that can be used to more efficiently serve customers and the general public. Estimated Cost to Renovate Occupancy Expenses (20-Yr.) Maintenance Cost Rent Costs Energy Efficient and IT Improvements Re-Use/ Repair Base Cost Total 20-Year Cost 20-Year Occupancy 30/40 Muir Road $15m $10.8m $1.5m $16.5m $27.3m Remain in Existing Space $10.2m $15m $1.9m $16.9m $27.1m Cost Savings <$400,000>$200,000 20-YEAR COST COMPARISON TO RENOVATE AND RE-USE 30/40 MUIR ROAD FOR DCD *Costs do not include $1.2 million in existing County debt service that will be covered by DCD BENEFITS As noted, DCD is currently located in four separate sites in the Martinez area. Within the 651 Pine Street buildings, DCD is located on 4 floors within the North Wing and one floor of the Main Administration Building. Relocation of DCD into the 30-40 Muir Road buildings would both eliminate delays in work processing due to travel times between the buildings as well as allow more effective location of various staff groups to better serve the public. For example, proximity of Transportation Planning, Conservation, Solid Waste and Recycling programs to Current and Advance Planning, the Application and Permit Center, Redevelopment, New Construction, Neighborhood Preservation, Weatherization and Code Enforcement would provide opportunities for greater integration of these services. Improving the awareness of the broad spectrum of programs and resources available within DCD on the part of all DCD staff will assure that they are able to better assist customers and members of the general public in accessing programs. CONSEQUENCE OF NEGATIVE ACTION: DCD will continue to struggle with the inefficiencies caused by work in multiple locations. The County $1.2 million debt service on 30 – 40 Muir Road will not be retired. Full integration of DCD programs will be hindered by fragmentation inherent in multiple work locations. RECOMMENDATION(S): ACCEPT report acknowledging CCTV (Contra Costa Television) for 15 years of service to County residents; and APPROVE the amended CCTV Operating Policy and Procedures. FISCAL IMPACT: None BACKGROUND: Contra Costa Television (CCTV) was established by the Contra Costa County Board of Supervisors in 1994 as a Governmental and Educational Access cable television channel airing programming twenty four hours a day, seven days a week. Programming in English, Spanish, Laotian, Mien and Chinese has been produced and aired amounting to 8,736 hours of local programming per year. CCTV reaches over 1 million residents in Contra Costa County on Comcast , Channel 27 and Astound Channel 32. It also reaches Alameda, Santa Clara, San Mateo, San Francisco, Marin, Napa, Solano and Sonoma counties on the AT&T U-Verse system Channel 99. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Burke, 313-1183 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: SD.12 To:Board of Supervisors From:David Twa Date:December 15, 2009 Contra Costa County Subject:Accept Report on CCTV's 15 years or service to County residents BACKGROUND: (CONT'D) CCTV airs the Board of Supervisors meetings, other community meetings, events of countywide interest, election forums, and NASA programming, as well as, award-winning locally originated programming. Some of the 94+ award-winning programs aired by CCTV include: Most Wanted Deadbeat Parent; Senior Information Journal; Newcomers Task Force; Youth Vote 96’; Ask the Doctor; Family Secrets: Domestic Violence Revealed; Star Drug Court: Jonnya’s Story; Every Woman Counts Every Year; For the Record; Mental Health Perspectives; Vida Sana En Vivo! (Healthy Life, Live!); Language of Sound and Movement; East Bay Stand Down for Homeless Veterans; Get Ready, Get Healthy; The Time of Your Life; Demolition of Golden 7 Liquor Store; and Elections Preview – District 5. To its list of accomplishments CCTV adds its award winning CountyNet information bulletin board. In addition to LIVE broadcasts of the Board of Supervisors meetings, CCTV now streams the Board of Supervisors LIVE on the Internet and provides a video link for agenda items. Several CCTV programs are also aired quarterly on Comcast's Video On Demand service. Having successfully negotiated a 15 year franchise agreement with Comcast in 2006 that added an additional Government, Education and Public Access channel, CCTV has recently been authorized by the Board of Supervisors to operate the second shared government channel for the Cities of Clayton, Martinez and Pleasant Hill. Future plans include asking the Board to support legislation that allows PEG funding to be used for operations, web streaming of all programming on the channel and the establishment of a public access channel. In order to update CCTV policies, Office of Communications & Media (CCTV) Operating Policy and Procedures has been amended to include local goverment adivisory bodies among those eligible to use the channel in Section A. 1. , has clearly defined the types of tapes that can be duplicated in Section F. 1. and has clarified the types of candidate programming that can be done during an election cycle Section G. County Counsel has reviewed these amendments. Staff recommends their approval. ATTACHMENTS CCTV Policy & Procedures Amended 12/15/2009 1 CONTRA COSTA TELEVISION (CCTV) OPERATING POLICY AND PROCEDURES OFFICE OF COMMUNICATIONS & MEDIA MISSION: Contra Costa Television (CCTV), A Governmental/Educational Access channel, is a public service of the Board of Supervisors com mitted to producing and televising quality programming on issues of countywide interest or concern. A. PURPOSE OF ACCESS AND ELIGIBILITY 1. Governmental Access is intended to make cable available for use by local governments. Access is made available upon requests submitted in accordance with the established criteria and procedure herein, to: a. Local government bodies and agencies (other than educational), including their advisory boards, commissions, and committees, located in Contra Costa County for use in connection with official government activities. b. State and Federal government bodies and agencies (other than educational) for use in connection with their official government activities that affect the interests of the citizens of Contra Costa County. c. Officials and representatives of the above for use in their official government activities. This includes State and Federal legislators who represent the districts in Contra Costa County. However, use of government access for political advertising or to promote or oppose a candidate for public office is not permissible Government Access use. 2. Educational Access is intended for use by local public educational institutions for transmission of instructional programming and other educational purposes. Access is made available, upon request submitted in accordance with the criteria and procedures herein, to: a. Educational institutions and authorities located in Contra Costa County. b. State educational authorities and agencies. c. Officials and representatives of the above. The purpose of the use must be transmission of public instructional programming or for other educational purposes. Amended 12/15/2009 2 B. GOVERNMENTAL / EDUCATIONAL ACCESS REQUESTS 1. Request for Use of CCTV Airing Time, Facilities or Equipment: Requests must be made in writing by an eligible applicant to the Director of the Office of Communications & Media. Program requests should be made on Form A (attached). 2. Charge for Use of CCTV Airing Time, Facilities or Equipment: CCTV will not charge eligible applicants for the use of channel time, facilities or equipment when the applicant is producing a program for airing on the Governmental/Educational Access channel. C. PROGRAM REVIEW 1. Evaluation Criteria: Programs submitted from eligible applicants for airing on CCTV will be evaluated to determine if the proposed program is: a. of countywide interest, b. of a governmental or educational nature, c. of broadcast quality, and d. within acceptable community standards and mores. D. PROGRAM CONTENT 1. Program Criteria: Program content will be reviewed for the following: a. The program shall contain no obscene or indecent matter; b. The program shall contain no libelous or slanderous matter; c. The program shall contain no matter, the use of which is su bject to copyright, except where the applicant demonstrates compliance with applicable laws; d. Except as provided in “f” below the program shall contain no commercial matter. “Commercial matter” shall include: (I) any advertising material designed to promote the sale of any products or services, including advertising by or behalf of candidates for public office; (ii) any audio or visual reference to any business enterprises, service or product for which any economic consideration was received by anyone in exchange for the display, announcement and/or reference to such business, enterprise, product or service, or (iii) any material used or designed for use to solicit funds, support or other property of value, directly or indirectly, for any business or ente rprise for commercial purposes, or for any political party or candidate for office; and e. The program shall contain no advertisement of or information concerning any lottery, gift enterprise, or similar scheme offering prizes drawn or awarded by means of any such lottery, gift enterprise or scheme, whether said list contains any part or all of such prizes. Amended 12/15/2009 3 f. It is recognized that grants and/or other types of support may be made available to individuals, groups or entitles for the purpose of underwriting the cost of production. In such instances, a standard “patron’s acknowledgment” may be placed at the end of the subject presentation (e.g., “This program was made possible by a contribution from the XYZ Corporation”). E. USE OF PRODUCTION FACILITIES AND EQUIPMENT 1. Scheduling Use of the Production Facility and/or Equipment : Following approval by the Director of the Office of Communications & Media of a request to use the facility or equipment, and subject to availability, the Production Manager will be responsible for scheduling the use of the facility and equipment on a first-come, first-serve basis. Users will be required to sign the appropriate form(s). (See Forms “B” and “C” attached.) 2. Responsibility for the Production Facility and/or Equipment: The individual or group using the facility will bear all costs for repairing any damage done to the facility during their use. The individual or group checking out the equipment will bear all costs if the equipment must be repaired or replaced due to damage, theft or abuse. CCTV may refuse to allow use of the facility or equipment to individuals or groups who have misused the facility or equipment, failed to return equipment on time, or in any way abused the privilege. 3. Rental of Facility: In the event that groups other than governmental or educational request use of the facility to produce programming or an eligible governmental or educational group requests use of the facility to produce a program which can not be aired on CCTV, either group will be subject to procedures detailed in the County Administrative Bulletin entitled “County Services” No. 3.1 dated 10/9/74 including any subsequent amendments thereto. These groups will be required to pay the appropriate rental fees and sign the “Temporary Permit to Use County Facility” Form. (See attached.) F. CCTV SERVICES 1. Tape and DVD Duplication: For a reasonable fee, CCTV can make duplications of material that has been produced by CCTV or can be duplicated under provisions of fair use. (See “Rate Card.”or “Duplication Request Form.”) 2. Production Services: CCTV is available to provide production services on an “as available“ basis. A production agreement will be drafted and signed by both parties and reviewed by County Counsel. A reasonable rate , sufficient to cover County costs and overhead, will be charged pursuant to the policies described in Section E, “Use of County Facilities,” above. Amended 12/15/2009 4 G. PROGRAMMING DURING AN ELECTION CYCLE 1. Voter Education Forums: Within an election cycle, 45 days immediately before a primary or special election or 60 days immediately before a general election on which a candidate/issue may appear, only independent, inclusive events which cover or affect a large portion of the County may be aired where: a. All candidates/sides are invited to participate; b. An independent moderator leads the program; c. Questions are not pre-screened unless the event is covered live; (For live coverage, indecent or obscene questions cannot be aired.) and d. The event is open to the public with occasional restrictions due to limited space. 2. Candidate Appearances: Within the above stated election cycles, no event coverage may be aired where a candidate appears as a participant, unless the event is part of the candidate’s official governmental duties. H. APPEALS PROCESS 1. Written Appeal: In the event an applicant wishes to appeal the decision of the Director of the Office of Communications & Media to deny the request, a written appeal can be made, within ten days after the initial request has been denied, to the County Administrator with a copy to the Director of the Office of Communications & Media. If the County Administrator denies the appeal, a written appeal for review of the request can be made, within ten days after such subsequent denial, to the Board of Supervisors with a copy to the County Administrator and the Director of the Office of Communications & Media. RECOMMENDATION(S): The Transportation, Water and Infrastructure Committee makes the following recommendations for consideration and approval by the full Board: • ACCEPT the following report on the recently adopted Municipal Regional Permit (MRP) issued by the Regional Water Quality Control Board (RWQCB). • DIRECT the County Administrator and the Public Works Director/ex officio Chief Engineer (for the Flood Control District) to work with other affected departments to determine the impacts on their work processes and budget, and to seek appropriate revenue sources to offset the additional costs of compliance to the greatest extent possible. FISCAL IMPACT: Depending on how various provisions are interpreted and enforced, the APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Greg Connaughton 313-2271 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: David Twa, Catherine Kutsuris, Silvano Marchesi, Jim Kennedy, Mitch Avalon, Greg Connaughton, Don Freitas, Rich Lierly, David Swartz SD.13 To:Board of Supervisors From:Transportation, Water & Infrastructure Comm. Date:December 15, 2009 Contra Costa County Subject:Report on the Impacts of the Proposed Municipal Regional Permit FISCAL IMPACT: (CONT'D) MRP will have significant impacts on Contra Costa County, Contra Costa County Flood Control and Water Conservation District (FCD) and the citizens and businesses we serve. The impacts include a potential $28 million demand for new funds (possibly from the General Fund) over the next five years of the MRP’s term for County activities and more than $5 million for FCD activities. Although the Public Works Department will bear the brunt of the fiscal impacts, other departments will also be significantly impacted. Currently, the Public Works Department’s annual cost to implement the NPDES permit is approximately $3 million (excluding certain substantial costs that are funded by grants). The estimated total additional cost for the five year NPDES permit period is approximately $28 million. Attachments A, B, and C contain more detail regarding the costs to the Public Works Department for implementing the MRP. BACKGROUND: INTRODUCTION The San Francisco Bay Regional Water Quality Control Board (RWQCB) on October 14, 2009, re-issued the National Pollutant Discharge Elimination System (NPDES) permit that affects Contra Costa County. This permit, which has been in the works for almost 5 years, is known as the Municipal Regional Permit (MRP), will regulate unincorporated Contra Costa County, the Contra Costa County Flood Control and Water Conservation District (FCD), all the cities within Contra Costa County and most jurisdictions in the greater San Francisco Bay Area. The MRP was originally released for public comment on December 14, 2007. The Public Works Department, County Watershed Program (CWP), analyzed the MRP and presented a report on its impacts to the Transportation, Water and Infrastructure Committee (TWIC) on February 11, 2008, and the Contra Costa County Board of Supervisors on February 26, 2008. A comment letter from the Board of Supervisors was submitted to the RWQCB on February 29, 2008 and Supervisor Uilkema (along with many other elected officials and municipal staff) gave testimony at the March 11, 2008, public hearing. The MRP was then revised and released for public comment on February 11, 2009. The effects of the MRP were analyzed again and a report was submitted to the TWIC on March 30, 2009 and the full Board of Supervisors on March 31, 2009. Again significant testimony, including that of Supervisor Piepho, was provided to the RWQCB on May 13, 2009. Based on the testimony the MRP was again revised, this time without the option for additional written comments. On October 14, 2009 the RWQCB voted to adopt this final MRP and, withstanding appeals, it is scheduled to become effective on December 1, 2009. Due to our (and others’) previous comments and testimony, this adopted MRP is an improvement over the prior two versions. However, there are still very significant issues and costs associated with this MRP. This report highlights the effects that this MRP is anticipated to have on County and County Flood Control District operations. The MRP is quite lengthy (125 pages plus 152 pages of attachments) and at times complicated and confusing. One of our major concerns remains that some sections of the MRP seem to be in conflict with other sections. We also feel that this MRP still attempts to regulate on a “one size fits all” basis. Despite our concerns, the MRP is now law and we will be required to comply with it to the best of our ability. With these new issues in mind this report will attempt to analyze the MRP and highlight impacts it will have on our normal business and how we plan to comply with the MRP. This MRP, as opposed to our existing NPDES permit, adds significant requirements on the FCD. Even though our existing NPDES permit names the FCD as a co-permittee, the FCD has very limited requirements. This would be expected since the FCD has no land use authority, is non-population based, and merely builds, operates and maintains stormwater conveyance facilities. Where appropriate, this report will highlight the new FCD requirements. REASONS FOR RECOMMENDATIONS AND BACKGROUND The MRP becomes effective on December 1, 2009. Therefore, the County and the FCD need to strategize as to how to meet the MRP requirements in the most effective and cost efficient means possible. Since the MRP is a regional permit we are proposing that some of the requirements can more effectively be addressed at the regional level. History: In an effort to stop pollution of the “Waters of the United States,” the Federal Government passed the Clean Water Act (CWA) in 1972. Initially, the U.S. Environmental Protection Agency’s (USEPA) implementation of the CWA emphasized control of pollution from Point Sources (e.g. industry, sewage treatment plants, etc. with pipe outfalls). In 1987, the scope of the CWA was expanded to regulate Non-Point Source Pollution (pollution primarily conveyed by stormwater runoff from urban, suburban and agricultural lands). For Contra Costa County, this is generally the stormwater (originating on both public and private property) that is carried in the public drainage system (underground pipes, drainage channels, etc.) to the “Waters of the U.S.” (natural creek systems, the Delta, the San Francisco Bay and eventually the Pacific Ocean). In 1993, the RWQCB, issued Contra Costa County its first NPDES permit. The NPDES permit required the County, its cities and the Flood Control District to act jointly to implement the permit conditions. The responsibility for unincorporated County compliance with the permit was assigned to the Public Works Department (PWD), which created the County Watershed Program to manage the overall implementation and administration of NPDES compliance. Since 1993, our NPDES permit has been reissued once (1999), and one major revision has been made to the permit (adding the development/redevelopment Provision C.3 in 2003). The MRP represents the third NPDES permit for Contra Costa County. Permit “Approach”: With each new NPDES permit the requirements have grown more stringent and the related costs have increased. The MRP retains the educational focus of previous permits, expands enforcement of violations, increases the regulation of municipal operations and new development, and also specifies various targeted pollutants, the most publicized being trash, that must be remediated. The MRP requires that permittees evaluate these targeted pollutants to determine their current levels of concentration and then take specific actions to reduce, and in some instances, eliminate them. The MRP affects virtually all of our business practices, from the way the County offices are maintained to the way we issue business licenses, the County will benefit from a “team approach” to complying with the permit. The Public Works Department’s CWP will continue to oversee the County’s NPDES compliance, but the challenges of complying with the new permit will involve a substantially higher level of day-to-day cooperation with other County Departments and Special Districts. Consequences of Non-Compliance: If the County is found to be out of compliance with our MRP, the penalties can be as high as $35,000 per day per violation (each area of non compliance could be viewed as a separate violation), plus $10 per gallon of stormwater discharged into the “Waters of the United States.” In addition, if found to be out of compliance with the permit, the County would be vulnerable to 3rd party lawsuits from environmental and “watchdog” groups. The results of these lawsuits could far exceed the penalties that may be imposed by the RWQCB or the USEPA. It should be noted that this MRP drew significant input from the environmental community and several of these groups were not pleased that the MRP was not more strictly written than it is. As a result, it is expected that these groups will be “scrutinizing” permittees to make sure that they are in strict compliance with the MRP. MRP REGULATORY AREA The MRP differs from the County’s current NPDES permit in that the MRP will uniformly regulate most of the Bay Area. In addition to Contra Costa County, and its incorporated cities and special districts, this MRP also regulates Alameda, Santa Clara, and San Mateo Counties, and several cities and agencies in Solano County including Fairfield-Suisun and Vallejo. Given the regulatory reach of the new permit, we expect increased potential for cooperation among agencies to find regional solutions to our common regulatory requirements. MRP TIMING The MRP was adopted on October 14, 2009, with implementation to commence on December 1, 2009. Under this schedule, the five year MRP will be in effect until at least December 1, 2014 (or until the next reissuance of the NPDES permit). It should be noted that many components of the MRP are phased in, becoming more comprehensive over the five year permit period. Other provisions require immediate implementation upon commencement of the permit and will remain consistent over time. Some MRP provisions do not require additional action by the County until the second, third, fourth or fifth year(s) of the permit. We have provided in the attachments both the anticipated costs and the implications/challenges associated with each phase of provision implementation. HIGHLIGHTS OF MAJOR AREAS OF IMPACT TO COUNTY GOVERNMENT The MRP will affect many County operations. Some of the MRP’s proposed changes are simply “ratcheting up” of current provisions and best management practices, while other provisions will require significant revisions, and the construction of significantly different infrastructure. In addition, business practices, program definitions and areas of responsibility may need to be expanded and modified. For example, it may be necessary for the definition of public health to be expanded to include the “health” of the natural environment, thereby enabling the areas of responsibility of some departments to expand to include environmental protection. The MRP will also require a number of changes to County policies and Ordinances. These changes range from regulating property uses, such as swimming pools (construction of pools and discharges), to requiring heightened enforcement activities by the County (by requiring the County to issue citations for a wide variety of water quality infractions). In addition, the MRP requires the County to consider potential water quality impacts in prioritizing all new construction including new County offices and road maintenance projects and in operations of our storm drainage and Flood Control infrastructure. The departments anticipated to be significantly impacted by the MRP include: 1. Public Works Department 2. Contra Costa County Flood Control and Water Conservation District 3. Department of Conservation and Development 4. General Services Department 5. Health Services Department 6. County Counsel’s Office 7. District Attorney’s Office 8. Department of Agriculture 9. Department of the Sheriff COMPARISON OF MRP REQUIREMENTS WITH OUR EXISTING NPDES PERMIT Our current NPDES permit has five major provisions, (for example C.2 “Municipal Operations” is one provision with several components. An example of a component is C.2a “Street Sweeping”). The MRP expands, revises and in some instances “eliminates” components in each of these five provisions and also adds nine new provisions. The key new/modified requirements include trash capture, increased scope of Provision C.3 (“New Development and Redevelopment”), developing the authority to regulate and enforce additional uses, increased monitoring and reporting, and development of TMDLs (total maximum daily loads) for targeted pollutants. The two significant components that “appear” to have been removed are street sweeping and catch basin cleaning. They are removed from the requirements of provision C.2 “Municipal Operations”, but at the same time they are effectively “required” in provisions C.10 “Trash Reduction”,C.11 “Mercury Controls”, and C.12 “Polychlorinated Biphenols (PCBs) Controls”. Street Sweeping and catch basin cleaning are two of the most effective means of removing pollutants. In fact, the Water Board’s own Finding 16 (of the MRP) concedes specific extraneous pollutants found in urban run-off, including heavy metals, dioxin and PBDE’s, are most commonly found deposited on paved and other impervious surfaces. At present the most effective way to capture these pollutants is with effective street sweeping. Our current County street sweeping program captures and removes 1632 cubic yards of material, which contains significant amounts of PCBs, Mercury, Copper, Lead, Nickel, Zinc and Petroleum Hydrocarbons in addition to almost 9,000 pounds of oil and grease! Without this highly effective practice, the pollutants would not be captured and would be released into the environment doing further damage. Similarly, catch basins capture pollutants in the catch basin before being released into the environment. Our current catch basin cleaning program removes over 100 cubic yards of material which again contains significant amounts of Copper, Lead, Zinc and almost 600 pounds of oil and grease! Without this highly effective best management practice, these pollutants would not be captured and would be released into our waterways to damage the environment. The RWQCB staff is aware of the fact that street sweeping and catch basin cleaning are two of our most successful Best Management Practices (BMPs) at removing pollutants. Even though these two provisions (street sweeping and catch basin cleaning) are no longer specifically required by the MRP, we are recommending to continue to maintain and provide these very effective and valuable services. In order to provide a better understanding of the MRP and its requirements, we have developed a spreadsheet (see Attachment B), that lays out the major permit provisions by section, identifies where each provision can be found in the permit itself, describes significant components of each provision, and compares how our old permit’s requirements relate to the requirements of the MRP. The document evaluates both the policy ramifications and the financial impacts that the MRP is anticipated to have on County government (including the Flood Control district), businesses, and residents. Three things should be noted about this spreadsheet: 1) The costs reported are rough estimates and are intended to provide the scale of budget impacts or “ball park” numbers. Important assumptions are listed both throughout the document and in the “Notes” section at the bottom of the spreadsheet. Since many MRP provisions contain vague and unclear language, and others are entirely new, more accurate estimates will continue to be developed and refined as we continue to develop strategies for compliance both within the County and the FCD, and by working with the County wide Clean Water Program and the regional clean water program - the association of Bay Area Stormwater Management Agencies Association (BASMAA). 2) The MRP has fifteen provisions. Only the major provision changes (ones that will have the greatest impact on our business practices) are included at this time. 3) Increased County costs associated with private developments will likely be passed on to the developer/builder in the form of higher permit (pay-for-services) fees and are therefore not accounted for in this report. In addition to this spreadsheet, we have also provided a bar graph (Attachment C). The bar graph shows the relationship between annual costs for NPDES compliance activities (for our existing NPDES permit) and estimated costs (based on the MRP) for each year of the MRP permit period. Current Actions being taken to insure compliance with the MRP The PWD - County Watershed Program (CWP) will continue to work with all affected County departments and special districts (including FCD) to assist them in understanding how the MRP will affect their operations and in achieving compliance with the MRP. The CWP will continue working with the Contra Costa Clean Water Program (County wide) and BASMAA (region wide) to pool resources in an effort to more efficiently comply with some of the MRP provisions. The CWP will continue to revise and expand its normal activities to comply with the expanded and modified MRP provisions. The CWP will continue to seek opportunities to leverage its resources to meet the MRP requirements, In particular by supporting non-profit groups (for example creek groups) to help in meeting some of the provisions utilizing volunteer labor (for example trash assessments and clean-up). We will also seek out and apply for Federal or State grants that might pay for some of the implementation costs. The CWP recently acquired a part time Stormwater Inspector to help the County and the FCD meet the expanded inspection and reporting requirements of the MRP. Due to the comprehensive scope of the proposed MRP, it will only be possible to reach full compliance by addressing the challenges from many different angles, and by seeking cooperation from many different partners. The County Administrator and the Public Works Department should meet with other affected departments to identify appropriate and potential sources of revenue to fund implementation of the MRP and reduce the potential liability to the General Fund. The CWP has been working with the Contra Costa Clean Water Program by conducting preliminary activities for a ballot measure to develop additional funding for clean water purposes (pursuant to Proposition 218). These activities include conducting public education outreach and opinion polls. The Contra Costa Clean Water Program has been setting aside $300,000 per year toward the approximately $1.5 million cost associated with putting a measure on the ballot. Petition for Review of the MRP At the November 16, 2009, Transportation, Water & Infrastructure Committee meeting it was reported that on November 12, 2009, Contra Costa County joined with all the other 19 co-permittees and most of the other municipalities in the Bay Area in submitting to the State Water Resources Control Board a Petition for Review. This petition is basically an insurance policy that will help the County in two major ways: 1st - The petition puts the State Board on notice that we have significant issues with the MRP and allows us to activate the petition and request a formal review and appeal of the MRP at some later date. This might be our strategy if some of the provisions of the MRP (that we have been named in the petition) turn out to be impossible or overly burdensome to implement. 2nd - If a third party or agency appeals the MRP the petition will require that the State Board notify us of the appeal and will more importantly give us a “place at the table” and allow us to be involved in any discussions about revising the MRP due to the 3rd party appeal. ATTACHMENTS Impacts of Proposed MRP Attachment RECOMMENDATION(S): 1. ACCEPT report on Delta-Water legislative bills and activity. 2. CONSIDER oral report on Delta Counties Coalition lobbying trip to Washington, D.C. 3. CONSIDER providing direction to staff on a response to any Delta-related issues. FISCAL IMPACT: The changes proposed for the Delta will last for generations and will have a tremendous impact on the lives of the four million people that live in Delta counties and the economies of the Delta communities. BACKGROUND: At a press conference in Los Angeles on November 6, 2009, Governor Schwarzenegger signed SBX7 6 and SBX7 8 by Senate President Pro Tem Darrell Steinberg and expressed his support for the entire Delta/ water reform legislative package approved by the Legislature, in the early morning hours of November 4. (The Governor subsequently signed the three remaining bills in the package.) The agreement came less than one month into the special session on water called by the Governor in mid-October. The package includes five bills and includes an $11.14 billion bond bill that will head to the November 2010 ballot to be approved by voters. The bills address a variety of water issues including the management of the Delta, groundwater monitoring, water conservation, water diversion/use reporting, and governance of the Delta. Intense closed-door negotiations surrounded the package up until the final hour. The last two sticking points of the APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: L. DeLaney, 5-1097 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D. 1 To:Board of Supervisors From:Supervisor Mary N. Piepho Date:December 15, 2009 Contra Costa County Subject:Delta Water Legislative Update all-night session related to the water rights enforcement measure and the further parsing out of the water bond dollars. In the end, the controversial water rights language was dropped, and other provisions regarding water diversions in the Delta were amended into another bill. In the end, the water bond gained the necessary support with the addition $1 billion sought by Los Angeles for conservation and monitoring. The package makes substantial changes to the management of the Delta, and while it does not specifically authorize a peripheral canal, the package sets the stage for major decisions on Delta conveyance. The legislation does create a new Sacramento-San Joaquin Delta Conservancy, a new Delta Stewardship Council, and establishes a statewide water conservation program, among other things. Specifically to counties, the package includes a new statewide groundwater monitoring program. The program would require groundwater monitoring by local agencies, the county, water replenishment districts, or a groundwater management agency or association. If these entities choose not to perform the monitoring, they would exclude themselves from receiving any water grants or loans administered by the state, and the Department of Water Resources would assume the responsibility of monitoring. There is an exemption included in the language from this penalty for a service area that qualifies as a disadvantaged community. The legislation also calls for an increased level of regulation of local agencies land use activities by the Delta Stewardship Council, the newly-created state governing body, in addition to that provided by the Delta Protection Commission. Conversely, the Habitat Conservation Plan (HCP)/Natural Community Conservation Plan (NCCP) process for the Canal facility, known as the Bay Delta Conservation Plan (BDCP), requires no such oversight. Additional detail on these bills is provided later in this report. Due to the closed-door nature of these legislative negotiations, Contra Costa County’s efforts through the Delta Counties Coalition to seek a number of important changes to these bills were, unfortunately, unsuccessful. (Although early efforts resulted in bill language that remained largely intact, language in other areas was modified significantly from what the Delta Counties Coalition had proposed, and other proposals were not considered.) Our state legislative delegation showed their support for Delta interests by voting against SB 1 (Governance) and SB 2 (Water Bond). For additional information on the impacts of the legislative package on counties and Delta counties specifically, see Attachment A “Impacts of Water Legislation on California Counties,” prepared by Solano County Supervisors Reagan and Vasquez. BACKGROUND: (CONT'D) Federal Activity In light of the passage of this package of legislation, federal interest and activity regarding the Delta, and additional federal assistance needed for the Delta and its communities, the Delta Counties Coalition arranged a trip to Washington, D.C. for December 2-4, 2009 to meet with key congressional representatives and agency staff. Supervisor Piepho represented Contra Costa County. (See also Attachment B, DCC Schedule/Notes.) Prior to the trip, the Delta Counties Coalition (DCC) had agreed to promote the following near-term recommendations to our federal delegation and agency staff: 1) Establish a process through which the DCC can engage with the administration, and the delegation, on an on-going basis. The DCC must be central to the development of proposals to address Sacramento-San Joaquin Delta issues in a comprehensive, sustainable manner. We also request that representatives from the appropriate federal agencies actively participate on the entities established in California’s recently enacted Delta/Water legislative package, including but not limited to, the Delta Stewardship Council, the Delta Protection Commission, the Delta Conservancy, and the Science Advisory Board. 2) Secure funding support in the 2010-2011 federal budget and appropriations processes to: a) Assist the DCC in analyzing aspects of the Bay Delta Conservation Plan (BDCP) that will not be covered in the NEPA and CEQA analyses, notably the socio-economic, environmental and hydrologic impacts of BDCP on the region; b) Provide resources to permit the DCC to participate with the BDCP as it is developed in order to avoid conflicts and provide implementable outcomes. 3) Secure federal support for the local and regional habitat management plans in the five Delta counties, particularly those adjacent to the BDCP and assist federal regulatory agencies and counties in integration of local terrestrial habitat management plans in the five Delta counties with the aquatic habitat being created by Delta Smelt and Salmon Biological Opinions. 4) Accelerate federal studies associated with developing storage options and implementing water conservation, recycling, re-use, and regional self sufficiency as part of an improved statewide storage, flood management, and water supply systems. a) Immediate funding to study minimum in-stream flow requirements, as well as salinity in-flows/intrusion and how they affect federal project operation. b) Evaluate the impacts of BDCP and an alternative water conveyance facility (i.e., the Peripheral Canal) on existing project levees and other federal water projects and facilities. c) Develop and fund a new regional landscape level management program or model specifically for the Delta – such as those developed for the Great Lakes, Puget Sound, Everglades, or Chesapeake Bay programs. 5) Provide additional resources for infrastructure projects and emergency response projects such as the completion of through Delta transportation corridor studies and levee improvements; and an increase in funding to the Public Safety Interoperability grant program to assist Delta Counties with emergency response and recovery. In addition to these efforts, the Delta Counties Coalition also recently submitted to our federal delegation a request for support of a project in the 2010 Water Resources Development Act (WRDA) related to the Delta: the Sacramento-San Joaquin Delta Water Infrastructure Authority. This project is intended to serve as the beginning of discussions on how best to align the authorities of the Army Corps of Engineers with efforts to develop and implement a comprehensive solution to the water resource problems facing the Delta. Among other things, our proposal seeks to provide the Corps with the authority to participate in levee improvement, water supply and water quality projects as well as critical ecosystem and habitat restoration initiatives. Project Description: In partnership with Sacramento-San Joaquin Delta counties and communities, authorize the U.S. Army Corps of Engineers to provide financial and other assistance to Delta counties and communities in protecting and enhancing water quality and quantity, enhancing habitat and the environment for all species in the Delta, improving flood control and protection, and protect Delta counties and communities, their economies, and their quality of life in restoring the Delta for endangered species and water supplies. Summary of State Water Legislative Package The following is a summary from CSAC staff of the five bills approved by the Legislature in Special Session 7X on water. Comments from County staff in this summary are shown in italics. ________________________________________ SBX7 1 (Simitian) – Delta Management – Public Resources As Amended on November 4, 2009 SBX7 1, the Delta management reform bill by Senator Joe Simitian, would make changes to the management of the Delta and establish guidelines for the creation of a new Delta plan. Specifically, the bill would do the following: • Place into statute the concept of co-equal goals; providing a more reliable water supply for California and protecting and restoring the Delta eco¬system. • Make changes to the Delta Protection Commission (DPC), including changes to its membership and scope. The DPC would be required to develop an economic sustainability plan for the Delta and will study and recommend whether to change the boundaries of the Primary Zone. The DPC will retain its existing authority to consider appeals of Primary Zone land-use decisions. • Create a new Sacramento-San Joaquin Delta Conservancy. The conservancy would be charged primarily with Delta eco-system restoration. Funding for the conservancy would be appropriated from Proposition 84 and 1E funds, with no ongoing source of funding identified. • Repeal the Bay-Delta Authority Act. • Create a new Delta Stewardship Council (Council), and establish the legal framework for the management of the Delta. The Council would be a regulatory agency charged with developing a Delta plan, to further the co-equal goals, promote a reliable water supply, promote conservation, and attempt to reduce risks to people, property, and state interests in the Delta. • The DPC would also be charged with ensuring consistency of the Delta Plan. The Council can review and advise local and regional agencies on the consistency of their plans with the Delta Plan. State and local agencies that propose to implement actions that occur within the legal Delta would be required to submit consistency certifications to the Council. The Council would review the certification to determine whether the project is consistent with the Delta Plan . There are exemptions to this consistency determination, including routine operation and maintenance, state regulatory actions, regional transportation plans, and State Water Project and / Central Valley Project operations. Additionally, the bill contains an exemption for any plan, program, project, or activity within the secondary zone of the Delta that the applicable metropolitan planning organization (MPO), pursuant to SB 375, has determined is consistent with either a sustainable communities strategy or an alternative planning strategy, and ARB determines meets the greenhouse gas reduction targets. The bill specifically defines “consistent with” to mean, “the use designation, density, building intensity, transportation plan, and applicable policies specified for the area in the sustainable communities strategy or the alternative planning strategy, and any infrastructure necessary to support the plan, program, project, or activity.” The bill requires the State Water Board, in consultation with the DPC, to appoint a Delta Watermaster to provide timely monitoring and enforcement of Board actions. This authority is limited to diversions in the Delta or actions that apply to conditions in the Delta. • Create a Delta Independent Science Board and Delta Science Program. • Require the Council to consider the Bay-Delta Conservation Plan (BDCP) for incorporation into the larger Delta Plan. ________________________________________ SBX7 2 (Cogdill) – Bond Bill – Safe, Clean and Reliable Drinking Water Supply Act of 2010 As Amended on November 4, 2009 SBX7 2, by Senator Dave Cogdill, would place before the voters an $11.14 billion bond for the purposes of financing a variety of water programs, including water supply, Delta sustainability, water system operational improvement, conservation and watershed protection, groundwater protection, water storage, drought relief, and water recycling. The bond does not explicitly include any funding for the proposed peripheral canal (but leaves the door open to potential mitigation cost coverage). The bond would also be issued in at least two stages, by authorizing the sale of no more than half of the bond by 2015. CSAC will take a position on the bond measure next year following review and approval by the CSAC Agriculture and Natural Resources Policy Committee, Executive Committee, and CSAC Board of Directors. The following is a summary of the bond’s funding categories: WATER BOND -- SBX7 2 (Cogdill) CHAPTER 5 - Drought Relief $455,000,000 - Drought Relief Projects $90,000,000 - Economic Impact from Drought $90,000,000 - Small Community Wastewater $75,000,000 - Safe Drinking Water Revolving Loan $80,000,000 - New River $20,000,000 - Local and Regional Projects in San Diego $100,000,000 CHAPTER 6 - Regional Supply $1,400,000,000 - IRWMP - allocated $1,000,000,000 - (Unallocated/Interregional) $50,000,000 - Local Conveyance $350,000,000 CHAPTER 7 - Delta $2,250,000,000 - Projects $750,000,000 - Ag Economy (out of project pot) [$250,000,000] - Eco/ BDCP $1,500,000,000 CHAPTER 8 - Statewide Flexibility/Storage $3,000,000,000 CHAPTER 9 - Watershed and Water Quality $1,785,000,000 CHAPTER 10 - Groundwater $1,000,000,000 CHAPTER 11 - Recycling $1,250,000,000 Recycling $1,000,000,000 Conservation $250,000,000 TOTALS $11,140,000,000 ________________________________________ SBX7 6 (Steinberg) –Groundwater Monitoring As Amended on November 4, 2009 SBX7 6, by Senator Darrell Steinberg creates a statewide groundwater monitoring program. The bill states legislative intent to have systematic monitoring and public reporting of groundwater information in all groundwater basins and sub-basins. However, the bill does authorize the Department of Water Resources (DWR) to prioritize groundwater basins for the purposes of monitoring. Specifically, this bill allows local groundwater management entities, including counties, water replenishment districts, local agencies, groundwater management agencies, or associations to volunteer to assume the responsibility of monitoring all or part of a basin. SBX7 6 does not specifically require counties to assume this responsibility. However, if local entities, including counties, choose not to assume this responsibility they would exclude themselves from receiving water grants and loans administered by the state, and DWR would assume the responsibility of groundwater monitoring. There is an exemption included in the bill for disadvantaged communities. Additionally, the bill requires DWR, if no local agency volunteers, to directly perform groundwater monitoring functions and charge well owners for the costs of such activity. County staff understands that Section 10933.5(c) expressly prohibits DWR from assessing a fee or charge to recover costs for groundwater monitoring. Section 10936 authorizes DWR to recover all its costs under this statute to unallocated 2006 water bond revenue. CSAC communicated to the Legislature and the Administration its concerns with the bill’s approach to groundwater monitoring. Although SBX7 6 now names DWR as the default groundwater monitor, the bill still penalizes counties and other local entities over situations in which they have no control. ________________________________________ SBX7 7 (Steinberg) – Water Conservation As Amended on November 4, 2009 SBX7 7, by Senate Pro Tem Darrell Steinberg, would set water conservation targets. Specifically, this bill would: • Require the state to achieve a 10% reduction in urban per capita water use in California by December 31, 2015, and a 20% statewide reduction by December 31, 2020. • Require each urban retail water supplier to develop urban water use targets and an interim urban water use target by July 1, 2011, and specifies methodologies for achieving the targets. Public hearing requirements are also included to allow community input on the supplier’s water use target implementation plan. • Prohibit urban suppliers from requiring changes that reduce process water and allows urban water supplier to exclude process water from the development of the urban water target if substantial amount of its water deliveries are for industrial use, but allows for reductions in emergencies. “Process water" is defined as water used for producing a product or product content. • Require, on or before July 31, 2012, agricultural water suppliers to implement efficient water management practices. Mandated practices are limited to installing water meters and charging for water according to the amount used. Suppliers are exempt from additional specified practices if the supplier documents that such practices are not locally cost effective or technically feasible. • Require the Department of Water Resources (DWR) to prepare reports to the Legislature regarding the progress of urban water management plans and agricultural efficient water management practices. • Require DWR to promote implementation of regional water resources management practices. • Require DWR to promote implementation of regional water resources management practices. • Condition state water grants/loans for urban and agricultural water suppliers on compliance with provisions of the bill, but allow funding for water conservation under certain conditions and funding by the federal American Recovery and Reinvestment Act of 2009. • Provide that all costs incurred by a water utility, as a result of the bill’s requirements, may be recoverable in rates subject to review and approval by the Public Utilities Commission. • Reauthorize the Agricultural Water Management Planning Program. • Exempt from the bill’s water conservation and water management planning requirements any agricultural supplier serving less than 25,000 of irrigated land if the state does not provide funding for those purposes. • Provide an exemption from the bill’s provisions for agricultural water suppliers that are parties to the Colorado River Quantification Settlement Agreement. (This enables irrigators to sell water to municipalities.) ________________________________________ SBX7 8 (Steinberg) – Water Diversion Reporting/Reallocation of Bond Funding As Amended on November 4, 2009 SBX7 8, by Senate Pro Tem Darrell Steinberg, authorizes the State Water Resources Control Board and DWR to adopt emergency regulations for the filing of reports of water diversion or use. Specifically, the bill would: • Repeal water diversion reporting exemptions for diverters in the Sacramento-San Joaquin Delta. • Increase fines and penalties relating to reporting of diversions. • Redirect funds from Proposition 84 (2006) and 1E (2006) to pay for various Delta-related projects and purposes. This includes $250 million in grants to local public agencies to implement Integrated Regional Water Management Plans and $222 million to DWR for levee and flood control projects. This includes $250 million in grants to local public agencies to implement Integrated Regional Water Management Plans and $222 million to DWR for levee and flood control projects. • Authorize the addition of 25 water rights enforcement staff at the State Water Resources Control Board, to be paid for from the Water Rights Fee Fund. ATTACHMENTS DCC Schedule Notes Attachment A DELTA COUNTIES COALITION MEETING SCHEDULE / NOTES (DECEMBER 2-4, 2009) WASHINGTON, DC REVISED 12-7-09 SUMMARY OF NEXT STEPS 1. Draft Letter to DOI/CEQ from DCC (cc: Rep. Miller, etc.) requesting full participating in BDCP, without pre-conditions, and requesting technical assistance from one or more Federal Bay-Delta Leadership Committee members. Target Completion Date: 12/9/009 2. Draft Thank You Letters. Target Completion Date: 12/9/009 3. Dirk Brazil to schedule follow-up meeting with Ed Burton, State Conservationist, California, NRCS, the week of December 21st or sooner. Target Completion Date: 12/9/009 4. Modify existing WRDA proposal to include specific project recommendations, per request of Rep. George Miller. Target Completion Date: 12/11/09 5. Review CALFED Bay-Delta Authorization Act and other legislative proposals to identify existing proposals that could be strengthened and meet DCC objectives. Target Completion Date: December, 2009 6. Secure updated list of opponents to the State legislation from Senator Lois Wolk’s office and circulate updated document with those offices that received the earlier version. Target Completion Date: December, 2009 7. Develop recommendations regarding comprehensive Delta legislation for Senator Feinstein’s office. Target Completion Date: January, 2010 8. Schedule follow-up meeting with DeeDee D’Adamo, District Director, Office of Representative Dennis Cardoza. Target Completion Date: January, 2010 9. Schedule follow-up meeting with Frank Piccola, head of planning in the Sacramento District Office of the Corps of Engineers. He can be reached at 916-557-6735 or via email at Francis.c.piccola@usace.army.mil. Target Completion Date: January, 2010 10. Identify a target date for a follow-up trip to DC. Target Completion Date: TBD 11. Schedule meeting with David Nawi, Senior Advisor to the Secretary of the Department of the Interior for California and Nevada. Target Completion Date: TBD 12. Develop consensus DCC appropriations request(s) for the FY 2011 appropriations process that address DCC joint objectives. Target Completion Date: January, 2010 13. Draft letter to Senator Boxer describing the specific requests of the DCC in future federal legislation or through future federal administrative action. Target Completion Date: January or early February, 2010 Wednesday, December 2 8:00 a.m. Breakfast Briefing at Dubliner (reservation under Larry Ruhstaller for 12 people) All Phoenix Park Hotel 520 N. Capitol Street, NW Phone (202) 638-6900 9:30 a.m. Congressman Gerald McNerney All Andrew Horowitz, Legislative Director 312 Cannon House Office Building Phone (202) 225-1947 Agenda: DCC joint interests regarding concerns related to federal-state initiatives that seek to achieve the co-equal, long-term goals of sustainable water supply and environmental restoration in the Delta Key Points/Follow-up: Rep. McNerney expressed strong, unconditional support for DCC objectives; pledged to be of assistance in any manner possible. Rep. McNerney said that Rep. Oberstar, Chairman of the House Transportation and Infrastructure Committee, which has jurisdiction over the Corps of Engineers, among a number of other agencies, may be able to help the Delta congressional delegation free up resources to assist the DCC in its efforts to seek federal support for BDCP analysis. The implication was that the Corps could be a source of funds. 10:30 a.m. Congressman John Garamendi Larry, Ken, Mel Josh Franco, Legislation and Policy Mike, Roger 2459 Rayburn House Office Building Phone (202) 225-1880 Key Points/Follow-up: Rep. Garamendi supports reconstruction/improvements of the levees in the Delta; referenced possible funding source to support local Delta projects that might be secured in a second stimulus package or from Build America Bonds. Rep. Garamendi expressed strong support for water re- use: 1 million acre feet of water/equivalent of the third largest river in California could be created through expanded water reuse. He also expressed support for expanding real-time management of California rivers, expanded modeling, to improve the efficient use of existing supplies. 11:30 a.m. Lunch at Monocle (reservation under Paul Schlesinger) All 107 D St NE Phone (202) 546-4488 1:15 p.m. Senator Barbara Boxer All Lynn Abramson, Ph.D., Legislative Assistant 112 Hart Senate Office Building Phone (202) 224-3553 Agenda: DCC joint interests regarding concerns related to federal-state initiatives that seek to achieve the co-equal, long-term goals of sustainable water supply and environmental restoration in the Delta Key Points/Follow-up: Senator Boxer expressed serious reservations about BDCP process, in particular, the exclusion of Delta Counties (need memo on documents that include the citation that any participant in the BDCP Steering Committee would have to agree, in advance, to accept construction of a conveyance facility). Senator Boxer asked the DCC to send her a letter outlining the issues to be addressed at the federal level that were not properly dealt with in the State legislation. She asked that DCC reach out to other groups that opposed the State legislation and seek to secure their support for the DCC package of changes, if possible. She wants it stated in terms of the DCC wants the following assurances that were provided during the 1982 peripheral canal debate and a modest list other improvements (she referenced the 1982 assurances and three or four other improvements, as an example). She indicated support for encouraging DOI and Commerce to work more closely with the DCC and indicated that she would support a specific request for her assistance in making that happen. Finally, Senator Boxer’s office indicated a willingness to work with the DCC on both a WRDA request and on a single, unified DCC request for the FY 2011 appropriations process. 2:00 p.m. David Wegner, Staff Director, Water and Power Subcommittee All Kiel Weaver, Minority Staff Director, Water and Power Subcommittee Tyler Kruzich, Majority Legislative Staff, Water and Power Subcommittee House Committee on Natural Resources 1327 Longworth House Office Building Phone (202) 225-8331 (Robyn Fischer) Agenda: DCC joint interests regarding concerns related to federal-state initiatives that seek to achieve the co-equal, long-term goals of sustainable water supply and environmental restoration in the Delta Key Points/Follow-up: NAS panel will be announced the week of December 7th. Wegner and Weaver both indicated support for the concerns of the DCC members and the importance of making certain that the DCC members have a stronger role in the BDCP process. 4:15 p.m. Senator Dianne Feinstein All Leah Russin, Natural Resources Counsel John Watts, Legislative Director 331 Hart Senate Office Building Phone (202) 224-3841 Agenda: DCC joint interests regarding concerns related to federal-state initiatives that seek to achieve the co-equal, long-term goals of sustainable water supply and environmental restoration in the Delta Key Points/Follow-up: Senator Feinstein emphasized that she is focused on getting something done/solving problems in the Delta. Levee improvements should occur (she focused initially on encouraging the Counties to force the levee owners to make improvements in the levees, themselves). She was not aware of the requirements that BDCP had imposed that all steering committee members agree, in advance, to support conveyance, regardless of what the study effort yielded. She expressed some concern about the loss of land use authority (develop a list of land use authority reductions/changes from BDCP???). She encouraged DCC to find a way to become a “significant facilitator.” She encouraged the Counties to “float a bond” to help pay for Delta improvements. She was not aware that there was a 50/50 cost-share required in the bond language for mitigation projects (follow-up memo on this???). She talked about her broad Delta legislation. She expects to have a draft ready for circulation in the late winter, early spring; targeting introduction in April of next year. She is also expecting to push for hearings next year. Senator Feinstein asked the DCC members to work with her office on the legislation, including a recreation title and a substitute program for the proposed Heritage Area designation for the Delta region. The DCC members extended an invitation to Senator Feinstein and her staff to tour the Delta Counties with them as she prepares her legislative package. Thursday, December 3 8:00 a.m. Briefing All Phoenix Park Hotel - 520 N. Capitol Street, NW 9:00 a.m. Tanya Trujillo, Counsel All Josh Johnson, Professional Staff Member Senate Energy and Natural Resources Committee 304 Dirksen Senate Office Building Phone (202) 224-4971 Agenda: DCC joint interests regarding concerns related to federal-state initiatives that seek to achieve the co-equal, long-term goals of sustainable water supply and environmental restoration in the Delta Key Points/Follow-up: Josh Johnson recommended that the DCC go through the CALFED Bay-Delta Authorization Act to identify provisions that the DCC supports and potentially could be strengthened. He also recommended that the DCC make contact with Betsy Cody at the Congressional Research Service, to discuss the DCC’s policy objectives/concerns. 11:00 a.m. Anne MacMillan, Senior Policy Advisor to Speaker Pelosi (Ag issues) Larry,Leslie, Terry Karen Wayland, Senior Policy Advisor to Speaker Pelosi on (Energy issues) Dirk, Roger, Kevin, Joe H-232 Capitol Building Phone (202) 225-0100 Agenda: DCC joint interests regarding concerns related to federal-state initiatives that seek to achieve the co-equal, long-term goals of sustainable water supply and environmental restoration in the Delta Key Points/Follow-up: Requested that the DCC follow-up with her on the outcome of the joint Member meeting. She emphasized that the Speaker’s office is interested in deliverables that work for the Delta and those south of the Delta, as well. 11:30 a.m. Congressman Jim Costa Supervisors, Mel, Keith Jaclyn Murray, Legislative Assistant 1314 Longworth House Office Building Phone (202) 225-3341 Agenda: DCC joint interests regarding concerns related to federal-state initiatives that seek to achieve the co-equal, long-term goals of sustainable water supply and environmental restoration in the Delta Key Points/Follow-up: Rep. Costa indicated a desire to work with the DCC to protect the Delta while at the same time creating the opportunity to make improvements that will allow more water to move south of the Delta. 12:45 p.m. Joint Congressional Meeting Meet at 2205 Rayburn (Rep. George Miller’s office) to be escorted to Supervisors 1:00 p.m. meeting at HC-7 Capitol Building with the following Members. Congressman George Miller, Congresswoman Doris Matsui, Congressman John Garamendi, Congressman Mike Thompson and Congressman Gerald McNerney Agenda: DCC joint interests regarding concerns related to federal-state initiatives that seek to achieve the co-equal, long-term goals of sustainable water supply and environmental restoration in the Delta Key Points/Follow-up: Rep. Miller requested that DCC write a letter to DOI and CEQ requesting that the counties be permitted to participate in BDCP without pre-conditions and that DOI/CEQ work to provide technical assistance to help the Counties participate fully and constructively in that process. Rep. Miller also indicated that he and the balance of the Delta delegation would like to work with the DCC on a revised WRDA proposal, and requested that the DCC generate a list of specific projects that could be authorized for funding in WRDA. Reps. Miller and Garamendi, among others, expressed strong support for expanding federal efforts to promote water recycling. 1:00 p.m. Congressman Thomas McClintock Ken/Terry/lobbyists Igor Birman, Chief of Staff/Policy Advisor Kristen Glenn, Legislative Director 508 Cannon House Office Building Phone (202) 225-2511 Agenda: DCC joint interests regarding concerns related to federal-state initiatives that seek to achieve the co-equal, long-term goals of sustainable water supply and environmental restoration in the Delta Key Points/Follow-up: Rep. McClintock said he would work with the DCC. He expressed his opposition to water recycling programs and his strong support for surface water storage. He also stressed his strong support for protecting and preserving water rights, viewing them as a critical property right that provides the economic foundation for transfers and the more efficient use of water. 2:00 p.m. Congressman Dennis Cardoza Ken/Terry/lobbyists Callie Varner, Senior Legislative Assistant Marilyn Shapley, Legislative Assistant 1224 Longworth House Office Building Phone (202) 225-6131 Agenda: DCC joint interests regarding concerns related to federal-state initiatives that seek to achieve the co-equal, long-term goals of sustainable water supply and environmental restoration in the Delta Key Points/Follow-up: Rep. Cardoza’s office indicated strong support for the DCC’s WRDA proposal and stressed their desire to work with the DCC to protect the Delta while at the same time creating the opportunity to make near-term improvements that will allow more water to move south of the Delta. Rep. Cardoza’s office requested that DCC organize a meeting with DeeDee D’Adamo, Rep. Cardoza’s District Director, to work with her on DCC initiatives/concerns. 2:30 p.m. Congressman Dan Lungren All Peter Tateishi , Deputy Chief of Staff Sandra Wiseman, Senior Legislative Assistant 2262 Rayburn House Office Building Phone (202) 225-5716 Agenda: DCC joint interests regarding concerns related to federal-state initiatives that seek to achieve the co-equal, long-term goals of sustainable water supply and environmental restoration in the Delta Key Points/Follow-up: Rep. Lungren’s office expressed strong concern regarding the lack of local involvement in BDCP. They offered to follow-up with CEQ and DOI to encourage them to include the Counties fully in their deliberations. 3:30 p.m. Michael Boots, Associate Director for Ecosystems, Lands and Water, All Council on Environmental Quality Matt Klasen, Presidential Management Fellow Council on Environmental Quality Matthew Siegel, Program Examiner, Water and Power Branch, Energy, Science and Water Division, Natural Resources Programs, Office of Management and Budget Roger Gorke, Senior Policy Advisor, Office of Water, Environment Protection Agency Kira Finkler, Deputy Commissioner, Office of External and Intergovernmental Affairs Department of Interior Kelly Denit, NOAA Department of Commerce Jason Weller, Chief of Staff, Natural Resources Conservation Service Department of Agriculture Jim Townsend Army Corps of Engineers 722 Jackson Place, N.W. Phone (202) 395-5750 (Courtney Hight 395-2308) Agenda: DCC joint interests regarding concerns related to federal-state initiatives that seek to achieve the co-equal, long-term goals of sustainable water supply and environmental restoration in the Delta Key Points/Follow-up: The meeting brought together representatives of each of the departments/agencies participating in the Federal Bay-Delta Leadership Committee. Matt Klasen requested a single point of contact for the DCC to keep the group informed of developments and/or solicit input. 5:00 p.m. DCC Briefing All Phoenix Park Hotel - 520 N. Capitol Street, NW Friday, December 4 8:30 a.m. Dave White, Chief, Natural Resources Conservation Service Mary, Keith, Leslie, Mike, Jason Weller, Chief of Staff for Dave White, NRCS Jim, Dirk, Paul, Roger, Joe Ed Burton, CA State Conservationist, NRCS 1400 Independence Ave, SW, 5th Floor Phone (202) 720-7246 Agenda: DCC joint interests regarding concerns related to federal-state initiatives that seek to achieve the co-equal, long-term goals of sustainable water supply and environmental restoration in the Delta Key Points/Follow-up: Dave White said he was very sympathetic to the DCC’s concerns that the Counties were relegated to a very limited, unofficial role in the BDCP process. He stressed that NRCS works on a consensus basis and works closely with local government jurisdictions in the areas in which they operate. He stressed that NRCS is a small player in the Delta, but said there were several near-term opportunities for NRCS to assist the Delta Counties: competing for funding under NRCS’s Conservation Innovation Grants program and negotiating one or more cooperative agreements for NRCS technical assistance funding. Ed Burton offered to hold a half day meeting with the Delta Counties to discuss the above mentioned funding opportunities in more detail and explore ways NRCS can work with the DCC going forward. 10:30 a.m. Special Assistant Let Mon Lee, Deputy Assistant Secretary of the Army Mary, Keith, Leslie, Mike, Civil Works Jim, Dirk, Paul, Joe Department of the Army Lee Conference Room, Pentagon TBD Phone (703) 697-9809 Agenda: DCC joint interests regarding concerns related to federal-state initiatives that seek to achieve the co-equal, long-term goals of sustainable water supply and environmental restoration in the Delta Recommend that you plan to all arrive outside the Pentagon at the Pentagon Metro Entrance NLT 30 minutess before the start of the meeting. Once you all arrive outside the Pentagon Metro Entrance, call our office (703-697-9809) or (703-614-3977), to advise us that you've all arrived outside the Pentagon. At that point, you should then enter the security screening line outside the Pentagon. On average, it will take you 15 minutes to process thru this security screening and move into a security holding area inside the Pentagon, where you'll have to wait for a member of our office to meet you. On average, it also takes a member of our office 15 minutes to walk from our office to the security holding area inside the Pentagon. Once a member of our office links up w/your group in the security holding area inside the Pentagon, you will each receive a badge from security personnel, there. Once each of you have your badge, you'll be escorted by the member of our office from that area to our Sec Darcy's office where this meeting will be held. Each member of your group will need two picture IDs. Key Points/Follow-up: Let Mon Lee requested that the DCC meet with Frank Piccola, the head of planning in the Sacramento District Office of the Corps of Engineers. He can be reached at 916-557- 6735 or by email at Francis.c.piccola@usace.army.mil. Corps wants to work with the DCC on issues, such as the Delta Islands and Levee Stabilization Study. DCC Attendees Cell Phones Supervisor Mary Piepho, Contra Costa County (925) 250-7183 Keith DeVore, Director, Water Resources, Sacramento County (916) 747-8070 Leslie McFadden, Legislative Advocate, Sacramento County (916) 600-4349 Supervisor Larry Ruhstaller, San Joaquin County (209) 670-4464 Supervisor Ken Vogel, San Joaquin County (209) 598-0119 Mel Lytle, Water Resources Coordinator, San Joaquin County (209) 612-3147 Terry Dermody, Water Counsel, San Joaquin County (209) 489-5978 Supervisor Mike Reagan, Solano County (707) 344-2705 Supervisor Jim Provenza, Yolo County (530) 554-7331 Dirk Brazil, Deputy County Administrator, Yolo County (530) 219-5930 DCC Lobbyists Paul Schlesinger, Alcade & Fay Contra Costa County (703) 508-6700 Kevin Fay, Alcade & Fay (Thursday Only) Contra Costa County (703) 801-3233 Roger Gwinn, The Ferguson Group SJC and Sacramento County (202) 255-5759 Joe Krahn, Waterman and Associates Solano County (703) 967-9521 1 WATER COMMITTEE Michael J. Reagan (Dist. 5) 675 Texas Street, Suite 6500 Water Committee Chair Fairfield, CA 94533-6342 (707) 784-6130 FAX (707) 784-6665 mjreagan@solanocounty.com http://www.co.solano.ca.us John M. Vasquez (Dist. 4) (707) 784-6128 jmvasquez@solanocounty.com IMPACTS OF WATER LEGISLATION ON CALIFORNIA COUNTIES CSAC Policy Direction on State Water Proposals Approved by the CSAC Board of Directors on September 11, 2008, the CSAC Policy Direction on State Water Proposals recognizes that California faces many complicated a nd compelling water resource issues. CSAC has supported statutory protection of counties of origin and watershed areas, support for existing water rights, the need for new and expanded water resources, and the need for local water conservation efforts. C SAC also acknowledged the reliance of counties on the Delta as a water delivery system, and the urgency with which all of the Delta partners, including the State must act to resolve and fund infrastructure, environmental and supply issues. Delta/Water Strategy: Solano County along with Contra Costa, Sacramento, San Joaquin and Yolo Counties came together to form the Delta Counties Coalition (DCC). These counties did so because they realized there were several statewide Delta/Water efforts in play that would potentially result in significant impacts to the Delta Counties. This is in keeping with CSAC’s existing policy that recognizes the Delta as a critical region of statewide importance encompassing vital water, transportation, energy, land use, agriculture and economic interests. Legislative Results: Governance: CSAC believes that any proposed Delta solutions be implemented in a manner that ensures Delta counties’ status as voting members of any proposed Delta governance structure. The DCC sought representation on the Delta Stewardship Council, the Delta Protection Commission (DPC) and the Delta Conservancy. As a result of efforts to date, all five Delta Counties have Supervisors who serve on two of three governance bodies (the Sacramento-San Joaquin Delta Conservancy and the DPC). The Delta counties collectively have one seat on the Delta Stewardship Council, which was not part of the origi nally proposed council membership and are looking to the Governor and Legislative appointments to include greater Delta representation on the Stewardship Council. A dditionally, the membership of the DPC was modified to balance and strengthen local government perspective on the Commission. Definition of the Delta: CSAC policy calls for the demonstration of clearly evidenced public benefit to any proposed changes to the boundaries of the Delta. The policy also accords special recognition and advances the economic vitality of “heritage” or “legacy” communities in the Delta. During negotiations, there was a proposal to change the definition of the Delta; to 2 include the primary zone, legacy communities and at times parts if not all of the secondary zone. The DCC fought to confine State usurpation of land use authority by defining what constituted “the Delta” to include only the primary zone. This definition of primary zone held in the legislation, as passed. A study will be commissioned to review the secondary zone. This is consistent with CSAC policy regarding changes to the boundaries. Local County Authority: CSAC believes that any proposed Delta solutions be implemented in a manner that e nsures consistency with affected counties adopted policies and plans and that respects the affected counties’ land use authority, revenues, public health and safety, economic development, water rights, and agricultural viability. The Legislative package sends troubling messages on this. It provides for the development of State Plans by State Boards for the Delta and then requires that local government land use plans be made consistent with these State Plans. The DCC argued for enhanced representation on these governing bodies in order to ensure the Delta counties, cities and special districts are treated fairly. The Delta Counties believe that the Delta Protection Commission is the appropriate body to establish land use policies for the Delta. The new legislation reforms the Commission so that a majority of the eleven member body is composted of city and county elected officials. However, the new legislation also allows the De lta Stewardship Council to nullify the land use decisions of cities or counties in the Delta, without consultation with the Delta Protection Commission. The Delta Protection Commission or its policies need to be considered in the land use actions that are brought to the Delta Stewardship Council for a determination of consistency with the Delta Plan. Bond Monies: CSAC believes that any proposed Delta solutions be implemented in a manner that secures financial support for flood management, improved emergenc y response, preservation of agriculture, protection of water resources, and enhancement and restoration of habitat. The bond package, if approved by the voters, does have some monies for some of these programs. The DCC sought to have parity in the proposed bond financing between in-Delta ecosystem restoration and local sustainability projects. While the bond designations for these projects went from as high as $2 billion for ecosystem and nothing for Delta communities; ultimately, $1.5 billion was approved for ecosystem restoration and $750 million for local sustainability, including upstream wastewater treatment and economic mitigation for lost agricultural production. This was more than was originally proposed in the bond measures , but is inadequate to mitigate local impacts. Further, the DCC argued that previously approved bond monies needed to be expended for Delta projects immediately. This need was recognized and it is hoped that projects for a variety of programs, including levees, will move more quickly – with a positive benefit to the Delta. Conservancy: CSAC believes that any proposed Delta solutions be implemented in a manner that improves and protects the Delta ecosystem, water quality, flows and supply; and that promotes recreation and environmental protection. The DCC was able to write bill language for the Conservancy. This language held throughout the legislative process and ultimately was 3 the language approved by the Governor. It will require the Conservancy to support efforts that advance both environmental protection and the economic well -being of Delta residents in a complementary manner, including protecting and preserving Delta agriculture, assisting the Delta regional economy through the operation of the Conservancy’s programs and, protecting, conserving, and restoring the region’s physical, agricultural, cultural, historical, and living resources. Water Rights/Diversion: CSAC believes that any proposed Delta solutions be implemented in a manner that respects the affected counties’ water rights. The DCC also expressed strong concern about the need to protect local water rights. Stronger area -of-origin protections in the Delta were successfully incorporated into the legislative package. Conservation and Groundwater Monitoring: CSAC believes that any proposed Delta solutions be implemented in a manner that support development of adequate water supply for the south, utilizing the concept of "Regional Self Sufficiency" whereby each region maximizes conservation and recycled water use, implements storage (surface and groundwater) and considers desalination, as necessary. The DCC expressed concerns about water conservation measures that disproportionately impacted Delta Counties. Conservation language for residential uses did get included in the package signed by the Governor; however, the Legislature is expected to revisit this topic to provide cleanup language. The new legislation makes counties ultimately responsible for any needed groundwater monitoring. Unfortunately, the legislation provides no mechanism for counties to fund this new mandate. Counties that fail to perform needed groundwater monitoring will be ineligible to receive certain grant funds. The Delta Counties believe legislation should provide counties with a mechanism to fund this groundwater monitoring or eliminate the penalty if a county is unable to provide the data. Delta County Issues with the Legislation: The DCC actively participated in the legislative process this year and offered many solutions that were consistent with the Delta Vision's coequal goals of ecosystem restoration and water supply reliability and with the DCC's adopted 11 Principles. While some of DCC's concerns were addressed in legislation, as summarized above, the DCC remained opposed to t he final package because the Delta counties never received adequate assurance that Delta communities would not be adversely harmed. The DCC continues to have major concerns with the financing of the package, the powers and governance of the new Council, an d the new water conservation requirements, as described below: 1. There is no assurance in the five-bill package that there will be adequate, reliable ongoing funding for restoring and protecting the Delta; operating either the new governance bodies or the ongoing Delta Protection Commission; or providing a sufficient supply of clean water. Funds for Delta Sustainability to help mitigate the impacts to Delta counties are not guaranteed or sufficient. Delta Counties are being asked to provide matching funds for projects to repair the damage done to the Delta as a result of its role in the State’s water supply system. This is distressing because the counties are not responsible for the failing condition of the Delta and do not have the funds need ed to complete the match. Delta funding is 4 contingent on passage of $11.1 billion in general obligation bonds – another battle yet to fight. If the bonds do pass, Senate Bill X7 -2 authorizes, but does not require, $250 million to provide assistance to local governments due to loss of productive agricultural lands for habitat and ecosystem restoration within the Delta. Moreover, the $750 million that is set aside for Delta Sustainability does not allocate a specific amount to counties, cities or impacted special districts. The bond further limits the amount of funding that we can receive from the state for sustaining the Delta to 50% of total project costs. We question where the balance of the needed funding will be found. 2. The new Stewardship Council in Senate Bill X7 -1 does not have sufficient oversight or authority over the development, approval, and implementation of the Bay Delta Conservation Plan (BDCP). Further, the package does not provide adequate protection to Delta communities from adverse direct and indirect impacts the BDCP can cause due to the construction of new water conveyance facilities or habitat restoration. Funding for either upfront or ongoing mitigation related to the BDCP is missing from this package. 3. While the Delta Counties agree that water conservation is an important part of the solution to the water crisis, we have concerns that the targets set in Senate Bill X7 -7 prejudice our Delta Counties for the water th at we are responsibly using and conserving now. Because we are not short of water, due to prudent planning and substantial investment in our local water infrastructure, this legislation may cause us to have to conserve disproportionately more water than other parts of the state at an unreasonable cost to our local ratepayers. Moreover, this bill requires us to undertake conservation measures even if they are not locally cost-effective. Next Steps: It is in the best interest of CSAC to maintain a proactive approach on Water and the Delta, which will ensure the best possible result for all counties in California. There continue to be many statewide initiatives – such as the Bay Delta Conservation Plan, the Central Valley Flood Protection Program and the State Water Plan – that will impact counties. And, the Federal Government is becoming more involved in Delta water issues which will require additional diligence on CSAC’s behalf. Going forward, CSAC should remain committed to the existing CSAC Policy Direction on State Water Proposals and continue to focus on ensuring the best possible f uture for California Counties. This platform will benefit all California counties. Without a sustainable Delta, water will not be able to be distributed through the Delta to the rest of California . Delta Counties would like CSAC to make every effort to ensure counties maintain: The maximum amount of meaningful authority over governance and local land use, The greatest number of reliable assurances to protect County interests including water rights, and Adequate funding to support mitigating impacts to counties especially Delta counties, and other local governments, and residents from State and Federal initiatives. Resolution No. AIR-3274   Deliberation 25. BOS Agenda Meeting Date:12/15/2009 Time (Duration):10 Minutes   Amend County File # LP2054-92 adding Condition of Approval #6.17 for the collection of a Local Enforcement Agency fee Submitted For: Catherine Kutsuris, Conservation & Development Director  Department:Conservation & Development Division:CD - Senior Planning Noticed Public Hearing: Yes  Official Body: Board of Supervisors Presenter/Phone, if applicable: Audio-Visual Needs: Handling Instructions: District: District I Contact, Phone: John Oborne, 925-335-1207 Recommendation(s): 1. OPEN the public hearing and take testimony on the proposed land use permit amendment. 2. CLOSE the public hearing. 3. FIND that the action is exempt from CEQA pursuant to Section 15061 (b) (3); the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment.  4. ACCEPT the recommendation of the County Planning Commission contained in Resolution No. 29-2009 (attached as Exhibit 1).  5. APPROVE an amendment to Land Use Permit No. 2054-92 (attached as Exhibit 2), adding Condition of Approval No. 6.17 (attached as Exhibit 3) to facilitate the collection of fees to fund the County's Local Enforcement Agency. 6. Direct the Conservation and Development Department to post the Notice of Exemption with the County Clerk. Fiscal Impact: The approval of this amendment would facilitate the collection of a Local Enforcement Agency fee of $353,010.00. Background: The Environmental Health Division of Contra Costa Health Services is certified by the California Integrated Waste Management Board to be the Local Enforcement Agency (“County LEA”) of Contra Costa County with the exception of the City of Pittsburg. The County LEA is authorized to collect tonnage fees established by the Contra Costa Board of Supervisors from solid waste facility operators to fund the cost of the County LEA’s solid waste enforcement activities.  In July 1993, the County Board of Supervisors approved a Land Use Permit (LUP 2054-92) allowing West Contra Costa Sanitary Landfill (“WCCSL”) (Applicant & Operator) to construct and operate a bulk material processing and resource recovery center at the landfill site in North Richmond. In December 2004, amendments to the Use Permits issued by the County and City of Richmond were approved allowing expansion of various permitted resource recovery operations on-site as well as a new solid waste transfer station, know referred to as the Golden Bear Transfer Station (“Golden Bear”). In or about September of 2006, active landfill disposal operations at the West County Landfill ended and utilization of the In or about September of 2006, active landfill disposal operations at the West County Landfill ended and utilization of the Golden Bear facility to manage and transfer solid wastes began. No LEA tonnage fees were remitted to the County for the solid waste deposited at Golden Bear from October 1, 2006 through January 31, 2008. The accrued LEA fees for this period are $353,010.00. Representatives of Republic Services Inc. (Republic) , the parent company of the owner and operator of Golden Bear Transfer Station (West County Landfill, Inc. and Golden Bear Transfer Services, Inc., respectively) have advised that fees were not collected from waste haulers or other customers with which to pay LEA tonnage fee to the County. County staff and representatives of Republic have developed a mechanism by which the County can recover the past due LEA fees. The applicant filed a land use permit amendment to add a condition which requires an additional tonnage fee be paid to the County at the rate $0.50/ton on a monthly basis until the sum of $353,010.00 has been paid in full. At that time, the condition will become null and void. The permit amendment will not become effective, however, unless and until the Board’s approval of a settlement agreement among the County and the owner and operator of Golden Bear which is currently being drafted.  The County Planning Commission conducted a public hearing on December 1, 2009 and unanimously recommended the Board approve the land use permit amendment. Budget Information Information about available funds Budgeted: Funds Available: Adjustment: Amount Available: Unbudgeted: Funds NOT Available: Amendment: Account Code(s) for Available Funds 1: Fund Transfers Attachments Exhibit 1-Res. No. 29-2009 Exhibit 2-COAs for LP 2054-92 Exhibit 3-COA No. 6.17 Minutes Attachments No file(s) attached. RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute an agreement with BNSF Railway Company for the installation of a railroad crossing surface at Viera Avenue. FISCAL IMPACT: There is no impact to the General Fund. The estimated total cost of these railroad crossing improvements is $101,622.00. The actual cost will be determined with a final invoice payment upon completion of the improvements. The County will pay the final actual cost within 30 days of receipt of invoice. This work will be funded by a Bicycle Transportation Alliance (BTA) Grant. (100%). BACKGROUND: The Public Works Department is proposing to construct bike lanes along Viera Avenue in the Antioch area which requires BNSF to install a wider railroad crossing surface plus minor pavement widening and conform work in order to accommodate the new bike lanes. At the County's request, BNSF Railway Company will provide all services to construct these improvements. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Larry Theis, 313-2166 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: EMY L. SHARP, Deputy cc: Adelina Huerta, Joellen Water C. 1 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:December 15, 2009 Contra Costa County Subject:APPROVE a Crossing Surface Installation Agreement with BNSF Railway Company for the Viera Avenue Bike Lane Project. Project No.: 0662-6R4088 CONSEQUENCE OF NEGATIVE ACTION: If this agreement is not approved, the construction of this county project will be delayed. ATTACHMENTS BNSF Railway Co. agreement RECOMMENDATION(S): APPROVE the Right of Way Contract – Temporary Construction Easement from Feasible Properties, Buchanan, LLC, a California Limited Liability Company (Feasible Properties), dated November 30, 2009, for the required property rights located at 1600 Buchanan Road, Antioch, Assessor’s Parcel No.: 076-440-004. AUTHORIZE the Public Works Director, or designee, to execute said Right of Way Contract – Temporary Construction Easement on behalf of Contra Costa County (County). APPROVE payment of $42,110 for said property rights and DIRECT Contra Costa Transportation Authority Funds (CCTA) to make payment to Feasible Properties, Buchanan, LLC, a California Limited Liability Company, c/o Lawrence Cahn, 1319 Barrows Road, Oakland, CA 94610. FISCAL IMPACT: There is no impact to the County General Fund. The activity is funded by CCTA (100%) (ACQ/3540). APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Olivia Reynolds, 313-2306 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: EMY L. SHARP, Deputy cc: C. 2 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:December 15, 2009 Contra Costa County Subject:State Route 4/Somersville Road to State Route 160, Antioch area. Project No.: 4660-6X4168 BACKGROUND: These property rights are required for the State Route 4 East, Somersville Road to State Route 160 project in accordance with the approved plans and specifications. The property owner required indemnification language in the right of way contract. The Environmental Clearance Number is SCH No. 2004092135. CONSEQUENCE OF NEGATIVE ACTION: The project will not have sufficient land rights to allow construction in accordance with the approved plans and specifications. ATTACHMENTS Right of Way RECOMMENDATION(S): ADOPT Resolution No. 2009/571 accepting completion of warranty period and release of cash deposit for faithful performance for the Subdivision Agreement (Right-of-Way Landscaping), for RA 05-01187 (cross reference SD 99-08306), project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. FISCAL IMPACT: No fiscal impact. BACKGROUND: The landscape improvements have met the guarantee performance standards for the warranty period following completion and acceptance of improvements. CONSEQUENCE OF NEGATIVE ACTION: The developer, Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, will not receive a refund of their cash deposit, the Subdivision Agreement (Right-of-Way Landscaping) and performance/maintenance surety bond will not be exonerated, and the billing account will not be liquidated and closed. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: J. LaRocque - 3-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: EMY L. SHARP, Deputy cc: D. Favero, Engineering Services,, A. Bell, Construction, , E. Sanders, M & T Lab, , P. Edwards, Engineering Services, , C. Sumpter, Current Planning, Department of Conservation and Development, , C. Low, City of San Ramon, , C. Taylor, Windemere BLC, Land Company LLC, C. 3 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:December 15, 2009 Contra Costa County Subject:Accepting completion of warranty period and release of cash deposit for Subdivision Agreement RA 05-01187 ATTACHMENTS Resolution No. 2009/571 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/15/2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSE: Resolution No. 2009/571 Accepting completion of warranty period and release of cash deposit for faithful performance for the Subdivision Agreement (Right-of-Way Landscaping), RA 05-01187 (cross reference SD 99-08306), project being developed by Shapell Homes, a Division of Shapell Industries, Inc. a Delaware Corporation, as recommended by the Public Works Director, San Ramon area. On December 16, 2003, this Board resolved that the landscape improvements in RA 05-01187 (cross reference SD 99-08306) were completed as provided in the Subdivision Agreement (Right-of-Way Landscaping) with Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, and now on the recommendation of the Public Works Director; The Board hereby FINDS that the landscape improvements have satisfactorily met the guaranteed performance standards for the period following completion and acceptance. NOW THEREFORE BE IT RESOLVED that the Public Works Director is AUTHORIZED to: • REFUND the 2,200.00 cash deposit (Auditor’s Deposit Permit No. 502197, dated May 1, 2008) plus interest to Shapell Homes, a Division of Shapell Industries, Inc. a Delaware Corporation in accordance with Government Code Section 53079 (if appropriate), Ordinance Code Section 94-4.406, and the subdivision agreement. BE IT FURTHER RESOLVED that upon completion of the warranty and maintenance period, the San Ramon City Council shall accept the landscape improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the warranty period has been completed and the Subdivision Agreement (Right-of-Way Landscaping) and surety bond, Bond No. 929 412 140, dated April 11, 2008, issued by The Continental Insurance Company, are exonerated. Contact: J. LaRocque - 3-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: D. Favero, Engineering Services,, A. Bell, Construction, , E. Sanders, M & T Lab, , P. Edwards, Engineering Services, , C. Sumpter, Current Planning, Department of Conservation and Development, , C. Low, City of San Ramon, , C. Taylor, Windemere BLC, Land Company LLC, RECOMMENDATION(S): ADOPT Resolution No. 2009/572 accepting completion of private improvements, for MS 90-00141, for project being developed by Charles M. Farr and Lorraine A. Farr, as recommended by the Public Works Director, San Ramon area. FISCAL IMPACT: No fiscal impact. BACKGROUND: The developer completed the private improvements required of the minor subdivision. CONSEQUENCE OF NEGATIVE ACTION: The private improvements will not be accepted as complete, the developer will not receive a refund of their cash deposit, the Subdivision Agreement and performance/maintenance surety (letter of credit) will not be exonerated. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes:Seven Speakers, Matt Trost, Michael Warholic, James A. Warholic, Patrick WarholicCharles Farr, Michael L. Rains, and Lori Farr, VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: J. LaRocque - 3-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: EMY L. SHARP, Deputy cc: D. Favero, Engineering Services,, A. Bell, Construction,, E. Sanders, M & T Lab,, P. Edwards, Engineering Services, C. 4 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:December 15, 2009 Contra Costa County Subject:Accepting completion of improvements, MS 90-00141, San Ramon area. ATTACHMENTS Resolution No. 2009/572 Recorded at the request of:Contra Costa County Board of Supervisors Return To:Public Works -Engineering Services THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/15/2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSE: Resolution No. 2009/572 Accepting completion of improvements, MS 90-00141, as recommended by the Public Works Director, San Ramon area. These improvements are approximately located off Bollinger Canyon Road. The Public Works Director has notified this Board that the private improvements in MS 90-00141 have been completed as provided in the Subdivision Agreement with Charles M. Farr and Lorraine A. Farr, heretofore approved by this Board in conjunction with the filing of the Subdivision Map. NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of December 15, 2009, thereby establishing the six month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT August 15, 2006 NAME OF BANK Fremont Bank BE IT FURTHER RESOLVED the payment (labor and materials) surety for $139,550.00, Letter of Credit No. 3140282 issued by the above bank be RETAINED for the six month lien guarantee period until June 15, 2010, at which time the Public Works Director is AUTHORIZED to arrange for the return of the Letter of Credit less the amount of any claims on file. BE IT FURTHER RESOLVED that the private improvements have been COMPLETED and are NOT ACCEPTED NOR DECLARED as County Roads, at this time. BE IT FURTHER RESOLVED that there is no warranty period required, and the Public Works Director is AUTHORIZED to refund the $2,791.00 cash security for performance (Auditor's Deposit Permit No. 467997, dated July 27, 1996) plus interest in accordance with Government Code Section 53079, if appropriate, to Charles M. Farr and Lorraine A. Farr pursuant to the requirements of the Ordinance Code; and the Subdivision Agreement and performance surety for $276,309.00 Letter of Credit No. 3140282, dated July 26, 2006, are exonerated. Contact: J. LaRocque - 3-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: D. Favero, Engineering Services,, A. Bell, Construction,, E. Sanders, M & T Lab,, P. Edwards, Engineering Services, RECOMMENDATION(S): APPROVE and AUTHORIZE execution of Joint Exercise of Powers Agreement for the Maintenance of the Diablo Vista Middle School Playfields (“JEPA”) with the Town of Danville and the San Ramon Unified School District, as recommended by the Public Works Director in the form attached hereto as Exhibit 1. FISCAL IMPACT: There will be no impact on the General Fund. Funds that the County would be required to distribute to the San Ramon Unified School District pursuant to the JEPA are derived from assessments paid by property owners in certain subdivisions in the Danville area. County administrative staff costs are also funded with these assessment revenues. {Project No. 7843-6X5237, Countywide Landscape and Lighting District AD1979-3 (LL-2), Zone 71 Funds} BACKGROUND: In 2002, the County approved and certified a final environmental impact report for the Alamo Creek and Intervening Properties/Remaining Intervening Properties projects (collectively known as the “Integrated Project”), involving the development of 1,396 units APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: T. Rie - 3-2363 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: EMY L. SHARP, Deputy cc: D. Favero, Engineering Services, T. Rie, Flood Control,, W. Quever, Finance,, S. Cohen, Special Districts, C. 5 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:December 15, 2009 Contra Costa County Subject:Approve and Authorize the execution of Joint Exercise of Powers Agreement with the Town of Danville and San Ramon Unified School District BACKGROUND: (CONT'D) in three subdivisions along Camino Tassajara near Danville. Shortly thereafter, the Town of Danville (“Danville”) filed a lawsuit challenging the County’s approval of the Integrated Projects under the California Environmental Quality Act. The following year, Danville again sued, alleging the County’s approval of the Integrated Project violated a 1994 settlement agreement concerning the 11,000-unit Dougherty Valley project south of Danville. In 2004, the County, Danville and developers Windemere BLC Land Company, Contra Costa RE Investors, LLC, successor in interest to Braddock & Logan Group II, L.P. (“Braddock”) Shapell Industries, Inc. (“Shapell”), and Ponderosa Homes, II, Inc. (“Ponderosa”), entered into a Comprehensive Agreement to Settle Litigation (“Settlement Agreement”) to resolve these lawsuits. The Settlement Agreement dealt primarily with traffic, childcare and park issues. Among other things, the Settlement Agreement required developers Braddock, Shapell and Ponderosa to use diligent and good faith efforts to cause the imposition of a $75 annual assessment on Integrated Project property owners to be used to maintain 15 acres of playfields at Diablo Vista Middle School Playfields (“Playfields”) to Danville’s playfield standards. Pursuant to this requirement, the County conducted an assessment ballot proceeding in 2005 on the proposed formation of a new zone, Zone 71, of Countywide Landscape and Lighting District AD 1979-3 (LL-2), and imposition of a $80 annual assessment, to include the $75 for the Playfields maintenance and an additional $5 for the County’s administrative and engineering costs. All of the ballots cast were in favor of the proposal, and the County began collecting the assessments on the Fiscal Year 2005-2006 tax roll. As of June 2009 approximately $169,000 has been collected. The Settlement Agreement required the County to make the assessment revenues intended for the maintenance of the Playfields (“Additional Maintenance Funding”) to Danville or, at Danville’s request, to the San Ramon Unified School District (“District”). In the proposed JEPA among the County, Danville, and the District, Danville would assign its right to receive the Additional Maintenance Funding to the District. The proposed JEPA would then set up a mechanism by which the County would disburse the Additional Maintenance Funding directly to the District. In return for receipt of the Additional Maintenance Funding, the District would be obligated to spend the maintenance funding only for the purpose for which it was collected, i.e., the maintenance of the Playfields to Danville’s standards, as opposed to the baseline maintenance that would otherwise be provided by the District. Attachment A to the JEPA sets forth Danville’s standards, referred to in the attachment as “Additional Maintenance.” Danville’s standards generally require a higher frequency of mowing, weeding, irrigation repair, fertilization, rodent control, etc., than the District’s baseline maintenance standards. The JEPA would require the County to disburse the Additional Maintenance Funding to the District twice per year, on January 15 and May 15. The JEPA would also require the District to report to the County and Danville annually by March 30 as to the District’s collection and expenditures of, and interest earned on the Additional Maintenance Funding. Additionally, all parties would be required to indemnify each other for liabilities arising from their own actions in performing their respective obligations under the Agreement. CONSEQUENCE OF NEGATIVE ACTION: If the JEPA is not approved, the County would retain the Additional Maintenance Funding and the District would be unable to use these funds to maintain the Playfields to Danville’s standards, contrary to the intent of the Settlement Agreement. ATTACHMENTS JEPA RECOMMENDATION(S): ACCEPT Status Report on the Street Light Coordination effort between PG&E, the County, and Cities for street light maintenance, as recommended by the Public Works Director. FISCAL IMPACT: None. BACKGROUND: The Transportation, Water and Infrastructure Committee, on April 29, 2009, asked staff to report back to the Committee before December 2009, on the status of street light coordination efforts with PG&E. Staff reported to Committee on November 16, 2009 and were instructed to share this information with the Board of Supervisors. Continuing the original effort initiated in May 2008 and since reporting last spring, the County Public Works Department and Cities continued to meet on a bimonthly basis to discuss street light issues. Initially meetings focused on daily maintenance and issues related to completion of calls for service. Discussions then focused on subjects such as Global Information Systems (GIS), Light Emitting Diode (LED) technology, Smart Meters and policy issues. The bimonthly meetings have helped to successfully address a number of issues related to street light maintenance and operations. The February 2008 Letter of Understanding (LOU) between PG&E and the County spells out agreed upon, acceptable service standards for the various items originally presented as concerns from the County and Cities including: APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Michelle Parella (925) 313-2286 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: EMY L. SHARP, Deputy cc: Brian Balbas, Deputy Director, Gary Huisingh, Enginnering Services, Susan Cohen, Special Districts, Marlon Epps, SD / Environmental C. 6 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:December 15, 2009 Contra Costa County Subject:Accept Report on Pacific Gas and Electric Company Coordination Efforts for Street Light Maintenance with Cities and County of Contra Costa. • Street light problem reporting and tracking • Response times for repairs: 14-day and Electric Corrective (EC) 90-day (outages and knockdowns to be completed in 90 days) • Pole painting • Group re-lamping (5 year plan) • New product choices Regular coordination meetings have been held at which County staff, PG&E and interested City staff discuss current issues related to street lights. The meeting topics include: • Response time and tracking of routine repairs (e.g. light burn outs) • Response time and tracking of more complex outages • Light Emitting Diode (LED) technology • Smart Meter technology • Global Information System (GIS) and mapping street lights • PG&E policy with regard to vandalism and repair of vandalized street lights Progress has been made on these items. Below are some of the issues that have been addressed and completed: • Response [time and customer] tracking systems for routine repairs: o Response time for most routine repairs continues to be within 14 days as stated in the LOU. When an outage repair will take longer, PG&E has been consistent with notification. This issue has been satisfactorily addressed and re-confirmed repeatedly since last spring report to TWIC. o PG&E now provides monthly outage reports to all of the agencies with outstanding and completed repairs listed in the 14-day and EC 90-day categories. Agencies can track outages and repairs and also be informed of outages of which they were previously unaware which allows them to follow up, as needed. For the 14-day repairs, these reports have proven adequate and this issue has been satisfactorily addressed. • Customer Communications: PG&E has initiated and published a new e-mail address ( BACKGROUND: (CONT'D) PGEStrlightBilling@pge.com) for street light related billing and data questions. In the past, an agency might have one contact person to whom all street light questions went. This e-mail tool is another means to direct questions to the most appropriate person. Although in its infancy, this additional line of communication may prove to be very efficient for those who use it. • New product choices: At the May 2009 Street Light Coordination meeting, PG&E introduced their plans for LED street lights in the County. Attended by 23 people representing 12 Cities and several County agencies, this meeting was well-timed for upcoming grant programs and much appreciated by the Cities. PG&E followed up with the introduction of a complete turnkey program to expedite the upgrading of the street lights including rebates and reduced rates. Agencies, including Public Works, are now able to get quotes and feedback pertinent to their Energy Efficient and American Recovery and Redevelopment Act (ARRA) grant applications. In October 2009, the Town of Danville completed a major retrofit with the installation of 276 LED lights along Camino Tassajara setting the example of what we too can do in the County areas. There are a few key areas that require continued attention including: • Completion of repair of Electric Corrective (EC) 90-day cases: PG&E is working to assure that these repairs are completed within the 90-day period. There has been improvement demonstrated by the fact that the number of EC cases that extend beyond 90 days has been reduced. There remain a few cases, however, that need follow-up and continued effort. • Tracking on 90-day cases: This remains an area of needed effort. Once a repair moves from routine maintenance to Construction, the flow of information is sometimes lacking, making it difficult and time consuming for PG&E to locate and convey the status of a particular job. PG&E’s reporting agency, the Resource Management Center (RMC), is challenged to produce accurate reports based on the information they receive from other PG&E departments. It appears that internal communication between Construction (the PG&E department responsible for 90-day repairs) and the RMC is in need of improvement. In summary: Staff from the County, participating cities, and PG&E, are committed to the ongoing effort to operate a well organized and efficient system for street lights and appreciate the improvements that have been made over the past 18 months. As a result of regular coordination meetings and increased communications, the response times and tracking of the 14-day repairs has improved. Various emerging tools been discussed and information provided by PG&E has been very useful for Cities and the County. Monthly outage reports are greatly improved for the 14-day repairs. The 90-day repairs still require attention for timely completion and consistent tracking of outstanding cases. Staff recommends, based on the feedback from participants in the bimonthly meetings, that Street Light Coordination meetings continue but reduce their frequency to quarterly. This will enable PG&E, County Staff, and the Cities to continue the good work and collaboration on street light issues and to continue to develop improvements in getting repairs done on schedule and with adequate communications to customers. CONSEQUENCE OF NEGATIVE ACTION: No consequences. Informational only. RECOMMENDATION(S): APPROVE and AUTHORIZE the Assignment of Easement on behalf of Contra Costa County (County) to East Bay Regional Park District (EBRPD) over a portion of County road right of way, known as Feeder Trail No. 1, located between Dutra Road and Ferndale Road in the Martinez area. AUTHORIZE the Chair, Board of Supervisors, to execute said Assignment of Easement on behalf of the County. A description of the area to be assigned is attached hererto as Exhibit “A” and incorporated herein by reference located in the Martinez area. DIRECT the Real Property Division to deliver a certified copy of this Board Order and the Assignment of Easement to EBRPD for acceptance and recording in the office of the County Recorder. FISCAL IMPACT: The County will save the cost of maintenance and repairs required along the trail and road right of way. There is no impact to the County General Fund. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes:Two Speakers, Jim Townsend and Bern Smith. VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Carmen Piña-Sandavol, 313-2012 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: EMY L. SHARP, Deputy cc: C. 7 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:December 15, 2009 Contra Costa County Subject:Assignment of easement over a segment of Feeder Trail No. 1 to EBRPD. Project No. 0676-6P1600 (CP#09-60) BACKGROUND: Feeder Trial No. 1 is a 4.5-mile segment of the historic California State Riding and Hiking Trail established by Mr. George Cardinet and other local equestrians. Feeder Trail No. 1 is also part of the proposed Bay Area Ridge Trail. In 2008, the East Bay Municipal Utility District dedicated and opened a connecting 7.5-mile segment of the Bay Area Ridge Trail on its adjacent Pinole Valley watershed. The County holds a roadway easement over a portion of Feeder Trial No. 1 which has not been regularly maintained and is threatened by encroachments which could sever the right of way and eliminate public access. EBRPD has requested that the County assign its interest in the trail so it can be maintained and patrolled by EBRPD for improved safety and active public use. EBRPD has had the development of Feeder Trail No. 1 on their Master Plan for more than twenty years. CONSEQUENCE OF NEGATIVE ACTION: The County would be responsible for maintenance and repairs to Feeder Trail No. 1 located in the Martinez area and the trail may end up being exposed to motor vehicles. ATTACHMENTS Assignment of Easement RECOMMENDATION(S): ADOPT Resolution No. 2009/567 accepting as complete the contracted work performed by Asbestos Management Group of CA, Inc., for Phase 9 asbestos abatement of the Orbisonia Heights Redevelopment Project, as recommended by the Public Works Director, Bay Point area. FISCAL IMPACT: There is no impact to the County General Fund. This project is fully funded by the Contra Costa County Redevelopment Agency. 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 complete as of November 23, 2009, for 581 S. Broadway Avenue in Bay Point. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lisa Dalziel, 313-2223 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: EMY L. SHARP, Deputy cc: C. 8 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:December 15, 2009 Contra Costa County Subject:Accepting and Giving Notice of Completion of Contract for abatement of property, Bay Point area. Project No. 4500-6X5489 ATTACHMENTS Resolution No. 2009/567 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/15/2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSE: Resolution No. 2009/567 In the matter of accepting as complete the contracted work performed by Asbestos Management Group of CA, Inc., for Phase 9 asbestos abatement of the Orbisonia Heights Redevelopment Project, as recommended by the Public Works Director, Bay Point area. The County of Contra Costa on November 13, 2009 issued a Notice to Proceed with Asbestos Management Group of CA, Inc., for the Orbisonia Heights Redevelopment Project for Phase 9 asbestos abatement to be performed on the grounds of the Contra Costa County Redevelopment Agency property; and The Public Works Director reports that said work has been inspected and complies with the approved special provisions and specifications and recommends its acceptance as complete as of November 23, 2009. Now, therefore, be it resolved said work is ACCEPTED as complete on said date, and the Clerk shall file with the County Recorder a copy of this Resolution and Notice as a Notice of Completion for said contract. Contact: Lisa Dalziel, 313-2223 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: RECOMMENDATION(S): APPROVE and AUTHORIZE the Chair, Board of Supervisors to execute an amendment to an existing Joint Powers Agreement with the Town of Danville effective December 15, 2009 to refer to Alamo MAC in place of the Advisory Committee for County Service Area R-7A with no substantive changes to the Joint Powers Agreement, in order for the Alamo MAC to perform the functions of the Advisory Committee for County Service Area R-7A, (Danville, Alamo area). FISCAL IMPACT: This Joint Exercise of Powers Agreement (JEPA) amendment allows for Alamo MAC to replace the Advisory Committee for County Service Area R-7A. There is no impact to the General Fund. BACKGROUND: On August 11, 2009 the Board of Supervisors adopted Resolution 2009/398 which established the Alamo Municipal Advisory Council (MAC) and eliminated the Advisory Committee for County Service Area R-7A effective December 31, 2009. The MAC for Alamo was established to provide a focused voice to advise the District 3 Supervisor on issues and concerns related to services provided APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Susan Cohen (925) 313-2160 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: EMY L. SHARP, Deputy cc: David Twa, CAO, Silvano Marchesi, County Counsel, Stephen Ybarra, Auditor controller, Brian Balbas, Deputy Public Works, Gary Huisingh, Supervising Civil Engineer, Marlon Epps, Engineering Services C. 9 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:December 15, 2009 Contra Costa County Subject:Amendment to an existing Joint Powers Agreement with Town of Danville, Alamo area. (CSA R-7A Funds) (District III) BACKGROUND: (CONT'D) by the County or other local agencies located within its boundary, including parks, recreation and landscaping. The advisory functions currently being provided by the County Service Area R-7A Advisory Committee are to be assumed by the Alamo MAC. On October 20, 2009 the Board of Supervisors appointed the members of the Alamo MAC. Commencing January 1, 2010, the Alamo MAC will perform those functions of the JPA that were previously assigned to the CSA R-7A Advisory Committee. The Joint Powers Agreement between Contra Costa County and the Town of Danville must be modified to assign the advisory functions currently provided by CSA R-7A to the Alamo MAC (see revised Amendment to JPA Agreement attached). The JPA refers to Magee Park which is commonly referred to and known as Hap Magee Park. The existing Joint Powers Agreement with Town of Danville was established May 14, 1987. At the time of the establishment of this agreement, the Advisory Committee for CSA R-7A performed the advisory functions required by the Agreement. This amendment changes references to the Advisory Committee for County Service Area R-7A to the Alamo Municipal Advisory Council, in accordance with the Board of Supervisor’s resolution on August 11, 2009 which established the Alamo MAC to perform functions including those assigned by this Joint Powers Agreement for park maintenance and operations of Hap Magee Park. Once this resolution is approved by the Board of Supervisors, the Alamo MAC will be empowered to have representatives appointed to the Magee Ranch Joint Planning & Operations Committee, effective January 1, 2010. CONSEQUENCE OF NEGATIVE ACTION: Negative action will result in the delay for the Alamo Municipal Advisory Council to perform functions previously in the purview of the Advisory Committee for County Service Area R-7A which will be disbanded effective December 31, 2009. CHILDREN'S IMPACT STATEMENT: ATTACHMENTS hap magee jpa 1 Amendment to Joint Powers Agreement (Magee Park) RECITALS This Amendment to Joint Powers Agreement (Magee Park) is based on the following facts and circumstances: A. At the time the Parties entered the original Joint Powers Agreement (Magee Park) (“Agreement”) the Advisory Committee for County Service Area R-7A performed the County advisory functions for County Service Area R-7A, including those functions required by the Agreement; B. On August 11, 2009, the Board of Supervisors eliminated the Advisory Committee for County Service Area R-7A effective December 31, 2009, created the Alamo Municipal Advisory Council, and charged the Council with performing the advisory functions previously performed by the Advisory Committee for County Service Area R-7A effective January 1, 2010; C. On October 20, 2009, the Board of Supervisors appointed the members of the Alamo Municipal Advisory Council; D. Commencing January 1, 2010, the Alamo Municipal Advisory Council will perform those functions under the Agreement that were previously performed by the Advisory Committee for County Service Area R-7A. NOW, THEREFORE, the Parties agree: 1. Parties. The County of Contra Costa, a political subdivision of the State of California (“COUNTY”), and the Town of Danville, a municipal corporation (“TOWN”) are the parties to this Amendment to Joint Exercise of Powers Agreement. 2. Effective Date. The effective date of this Amendment to Joint Powers Agreement (Magee Park) is December 31, 2009. 3. Amendment Specifications. The Joint Powers Agreement (Magee Park) between COUNTY and TOWN, effective May 26, 1987, is amended as follows: A. Section 5. Administration and Decision-Making shall be deleted in its entirety and replaced with the following: 5. Administration and Decision-Making. a. Staff Members and Advisory Bodies. The advisory bodies for parks and 2 recreation matters for the parties are the Alamo Municipal Advisory Council for COUNTY and Parks and Leisure Services Commission for TOWN. These two groups, together with their respective staffs, will provide administrative and support services for the Park project. b. Joint Planning and Operations Committee. The parties shall appoint a Joint Planning and Operations Committee (the “Joint Committee”). The Joint Committee shall be selected and shall serve as follows: the COUNTY Board of Supervisors shall appoint two members from the Alamo Municipal Advisory Council. TOWN shall also appoint two members to serve on the Joint Committee. Each of the four members shall serve for a two-year term, except that in order to establish staggered terms one of the first appointees from COUNTY and one of the first appointees from TOWN shall serve a one-year term. The four appointed members shall select (by unanimous vote) a fifth member who is not a member of the COUNTY Alamo Municipal Advisory Council or the TOWN Parks and Leisure Services Commission. The fifth member must have a demonstrated interest in park and recreation matters. The fifth member will serve for a one-year term and may be re-appointed to one or more successive terms. The Joint Committee shall meet semi-annually, or more frequently if necessary. Its meetings shall be noticed and open to the public as required by the Ralph M. Brown Act (Government Code § 54590 et seq.). Consensus decision- making is encouraged. The duties of the Joint Committee are to: $ develop the master plan and recommend adoption to the Park and Leisure Services Commission, the Alamo Municipal Advisory Council, the Danville TOWN Council and the Board of Supervisors; $ review construction documents; $ review operations and solicit general community comments; $ review and recommend to the Danville Park and Leisure Services Commission, the Alamo Municipal Advisory Council, the Danville TOWN Council and the Board of Supervisors: – annual operating budget – future capital development projects – annual service level changes for rental rate adjustments; $ other functions assigned to it by the Board of Supervisors and Danville TOWN Council. c. Governing Bodies. All final decisions on site planning and expenditures are reserved to the governing bodies of the parties: the COUNTY Board of Supervisors and Danville TOWN Council. 3 4. Signatures. The following signatures attest the parties’ agreement hereto: APPROVED BY: TOWN OF DANVILLE By: _______________________________ ATTEST:____________________ Mayor Town Clerk Approved as to Form: ______________________ Town Attorney COUNTY OF CONTRA COSTA By: ________________________________ ATTEST: Chair, Board of Supervisors David Twa, County Administrator and Clerk of the Board of Supervisors By: ______________________ Deputy Approved as to Form: Silvano B. Marchesi County Counsel By: ____________________ Deputy County Counsel G:\spdist\CSA R-7A\Hap Magee Ranch Park\hap magee jpa amendment 12-1-09 D (2).doc RECOMMENDATION(S): APPROVE and AUTHORIZE the Chair, Contra Costa County Board of Supervisors, to sign a letter to the California Energy Commission (CEC) regarding the proposed construction of a power plant in Alameda County approximately 2.66 miles southeast of the Byron Airport. The letter requests that specific scientific studies be completed to ensure that the proposed location of this power plant would not pose any hazards to aeronautical activities. FISCAL IMPACT: There are no expected financial impacts from this action. BACKGROUND: Diamond Energy Company has proposed, through the CEC, building a power plant approximately 2.66 miles southeast of the Byron Airport. The power plant would be located in Alameda County. Airport staff has identified some areas of concern regarding other power plants that have been constructed near airports. Local pilots and pilot associations have also expressed similar concerns. The focus of these concerns relate to possible disruption of flight caused by the power APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes:Continued to Undetermined Date. VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Keith Freitas, (925) 646-5722 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: EMY L. SHARP, Deputy cc: C.10 To:Board of Supervisors From:Keith Freitas, Airports Director Date:December 15, 2009 Contra Costa County Subject:APPROVE and AUTHORIZE the Contra Costa County Board of Supervisors Chair to sign a letter to the California Energy Commission. BACKGROUND: (CONT'D) plant exhaust plumes. Additionally, there are other areas of concern that should be evaluated, i.e. would the power plants operation be a bird attractant. This letter to the CEC requests that scientific analysis be conducted for each of these areas of concern before a final decision is made by the CEC. It appears that the CEC has sole authority in determining whether or not to approve the construction of the proposed power plant. This letter expresses the County’s goals of protecting both the future utility of the Byron Airport and the safety of the aeronautical users in the area. On November 2, 2009, the Airport Committee reviewed and supported the attached letter and requested that it be sent to the full Board for approval. During their October and November meetings, the Aviation Advisory Committee reviewed this issue and also supported the attached letter. Finally, the Contra Costa County Airport Land Use Commission has prepared their own letter to the CEC on the matter, which outlines similar concerns. CONSEQUENCE OF NEGATIVE ACTION: The County will not provide input into the CEC process that details the County’s concerns and additional studies warranted to address those concur (related to the possible construction of a power plant near the Byron Airport), which ultimately may impact the Airport’s utility and or the safety of aeronautical operations in the area. ATTACHMENTS CEC letter Attachment A Attachment B Attachment C Attachment D Attachments E through I Attachments J through N Attachment O December 15, 2009 Ms. Julia Levin, Commissioner California Energy Commission 1516 Ninth Street, MS-15 Sacramento, CA 95814 RE: Mariposa Energy Project Power Plant Licensing Case (Docket #09-AFC-03) Dear Ms. Levin, Contra Costa County would like to first thank the California Energy Commission (CEC) for the opportunity to provide input into the proposed Mariposa Energy Power Plant project. The proposed project would be located in Alameda County approximately 2.6 miles southeast of Contra Costa County’s Byron Airport. In the early 1980’s Contra Costa County identified the need for a second airport site within its boundaries. Contra Costa County operated a large reliever airport, called Buchanan Field, in Concord. The previously privately operated Byron Airpark was ultimately selected by Contra Costa County as the site for the new Byron Airport. With more than $21,000,000 of Federal, State and County funding the new Byron Airport was constructed and opened to the public in 1994. Byron Airport is currently home to more than 100 aircraft ranging in size from ultra-light to medium size corporate jet aircraft. The airfield is also home to the Northern California Soaring Association (gliders) and Bay Area Skydiving (parachute) operations. There are numerous flight training operators in the Bay Area that utilize Byron Airport for flight training purposes. The Airport has approximately 50,000 annual operations. We believe Bryon Airport is, and will continue to develop as, a significant part of the transportation system in Contra Costa County and the region. As a result, we want to ensure, prior David J. Twa Clerk of the Board and County Administrator (925) 335-1080 The Board of Supervisors County Administration Building 651 Pine Street, Room 106 Martinez, California 94553-4068 John Gioia, District I Gayle B. Uilkema, District II Mary N. Piepho, District III Susan A. Bonilla, District IV Federal D. Glover, District V Contra Costa County Ms. Julia Levin, Commissioner December 15, 2009 Page 2 to approval, that the proposed Mariposa Energy Power Plant project will not degrade the safety or utility of the Byron Airport. Our research has identified credible concerns related to the placement of power plants near airports. County staff has reviewed studies, reports and letters that highlight aeronautical concerns associated with exhaust stack and power line heights, exhaust plume temperatures/vertical velocity, exhaust stack emissions, and hazard attractants, as follows: Federal Aviation Administration Study (FAA) – Safety Risk Analysis of Aircraft Overflight of Industrial Exhaust Plumes (see Attachment A). Australian Civil Aviation Safety Authority Study – Guidelines for Conducting Plume Rise Assessment (see Attachment B). California Energy Commission Power Plant Determination– Final Decision for Eastshore Energy Center-denied (see Attachment C). Letter from U.S. Congressman Pete Stark – Letter expressing concerns about a proposed power plant adjacent to the Hayward Airport (see Attachment D). Aviation Accidents/Incidents - Aviation accidents/incidents associated with power plants near airports (see Attachments E through J). Local jurisdictions – Several jurisdictions voicing concerns regarding proposed power plants near airports (see Attachments K through M). Since the proposed Mariposa Energy Power Plant project is in close proximity to, approximately 2.66 miles southeast, the Byron Airport we have identified several specific areas of concern that we believe deserve further analysis prior to project approval consideration: 1. The analysis should confirm that the site will not pose a hazard to aeronautical activities due to its close proximity to the main precision instrument runway (Runway 30) nor hinder future instrument approach upgrades to any runway (see Attachment N); 2. The analysis should confirm that the site will not pose a hazard to aeronautical activities due to its close proximity to the established Byron Airport traffic pattern, both downwind leg and 45 degree pattern entrance, for Runways 5 and 23. As well as the departure path for Runway 12; 3. The analysis should confirm that the site will not pose a hazard to any of the various aeronautical activities at Byron Airport that include vintage military jet aircraft, corporate jet aircraft, single and twin piston aircraft, light sport aircraft, motorized parasail, ultra-light and skydiving; 4. The analysis should confirm that the site will not attract wildlife, i.e. birds, which are hazardous to aircraft operating near an airport. Ms. Julia Levin, Commissioner December 15, 2009 Page 3 Contra Costa County requests that airspace, instrument approach modeling, exhaust plume and wildlife analysis be completed, by an independent consultant, prior to the final consideration of the proposed Mariposa Energy Power Plant. Unless the findings are conclusive that there are no aeronautical hazards or detriment to the airport utility, related to the placement of this power plant near the Byron Airport, Contra Costa County will not be in a position to support the Mariposa Power Plant proposal. Yours Truly, Susan Bonilla Chair, Contra Costa County Board of Supervisors cc: Contra Costa County Board of Supervisors Alameda County Board of Supervisors David Twa, County Administrator Keith Freitas, Director of Airports Contra Costa County Airport Land Use Commission Alameda County Airport Land Use Commission Aviation Advisory Committee Byron Municipal Advisory Committee RECOMMENDATION(S): DETERMINE that this summary vacation of an excess right of way of a street or highway is no longer required for street or highway purposes, is made pursuant to Division 9, Part 3, Chapter 4 of the Streets and Highways Code, commencing with Section 8330, et. seq. A description of the area to be vacated is attached hereto as Exhibit "A" and incorporated herein by reference located in the Martinez area. DETERMINE that this vacation request is for an excess right of way of a street or highway not required for street or highway purposes. (S&H Code Section 8334(a)) DETERMINE that the proposed vacation will not have a significant effect on the environment, and that it has been determined to be exempt from the California Environmental Quality Act (CEQA) under State CEQA guidelines pursuant to Article 5, Section 15061 (b)(3), and DIRECT the Director of Department of Conservation and Development (DCD) to file a Notice of Exemption with the County Clerk, and DIRECT the Public Works Director to arrange for payment of a $50.00 fee to the County Clerk for filing and $25.00 fee to DCD for processing the Notice of Exemption. DECLARE that the hereinabove APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Please provide 4 embossed copies to Sherri Reed at PW I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: EMY L. SHARP, Deputy cc: C.11 To:Board of Supervisors From:Julie Bueren, Public Works Director Date:December 15, 2009 Contra Costa County Subject:Summary vacation of an excess county road right of way interest. Project No. 0676-6P1600 (CP#09-60) RECOMMENDATION(S): (CONT'D) described proposed vacation area is HEREBY ORDERED VACATED subject to any reservation and exception described in attached Exhibit "A". From and after the date this Board Order is recorded, the area vacated no longer constitutes a public highway. DIRECT the Real Property Division to record a certified copy of this Board Order in the office of the County Recorder. FISCAL IMPACT: There is no impact to the County General Fund. BACKGROUND: A portion of Feeder Trail No. 1 is no longer required for road purposes. CONSEQUENCE OF NEGATIVE ACTION: The County would be responsible for the maintenance and repairs to a portion of right of way along Feeder Trail No. 1 located in the Martinez area. ATTACHMENTS CEQA Exhibit A RECOMMENDATION(S): DENY claims by Christopher Madrid; Bridget E. Robinson; Pamela Lee Bourne; Tryphena Smith; Juan Jose Salazar; Billie Whittaker, individually and as representative of the Estate of Barry Whittaker, decedent; David Golick and Lorna Golick; Justin Midyett; Daniel Greaves; Dion Simoni; John G. Hanlin and Yoshabel Clements; late Claims for Monica Meadors-Washington; and Patricia Bynum; and amended claim for John G. Hanlin and Yoshabel Clements individually and as natural guardians ad litem for Gavin Hanlin, Chayton Hanlin and Alcon Hanlin, minor children. FISCAL IMPACT: . BACKGROUND: . APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Janet Gricius, 335-1907 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: EMY L. SHARP, Deputy cc: C.12 To:Board of Supervisors From:Clerk of the Board Date:December 15, 2009 Contra Costa County Subject:Claims for December 15, 2009 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Laura Case 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: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: C.13 To:Board of Supervisors From:Susan A. Bonilla, District IV Supervisor Date:December 15, 2009 Contra Costa County Subject:Proclaim December 1, 2009 as World AIDS Day in Contra Costa County ATTACHMENTS Resolution No. 2009/557 In the matter of:Resolution No. 2009/557 RECOGNIZING BLOOD SAFETY AND AWARENESS ON WORLD AIDS DAY 2009 WHEREAS, World AIDS Day is observed every year on December 1st; and WHEREAS, the World Health Organization established World AIDS Day in 1988 to ensure renewed and continual constructive attention to the grave threat posed by both HIV-AIDS and the debilitating medical conditions, pain, suffering and social-familial-economic hardships associated with HIV infection; and WHEREAS, World AIDS Day provides governments, national AIDS programs, faith organizations, community organizations, and individuals with the opportunity to raise awareness and focus attention on the global AIDS epidemic; and WHEREAS, in the United States, The Centers for Disease Control reports that there are more than 1 million people currently living with HIV infection, and more than 40,000 Americans become infected with HIV annually; and WHEREAS, among the individuals whose lives have been shattered by HIV, approximately ten thousand have been affected by bleeding disorders, specifically people with hemophilia, have contracted HIV (as well as Hepatitis C and other viruses) as a result of tainted blood products prescribed for use during the 1980’s and 1990’s; and WHEREAS, family members of infected persons with bleeding disorders have contracted HIV from the infected persons who, at the time, were unaware of their seroconversion; and WHEREAS, among the infected, no less than eight thousand have died; and WHEREAS, the prognosis is hopeful for people living with HIV and related infections but they must confront daily the fear of disease, pain and suffering associated with HIV, as well as financial and social challenges; and WHEREAS, improved safety and monitoring of blood, blood products and other medications is essential for patients with chronic illness who depend on safe, available medications. Now, therefore, be it resolved that the Board of Supervisors proclaims December 1, 2009 as World AIDS Day in Contra Costa County and marks this solemn occasion by identifying the need to address issues of blood safety and security at all levels of government. ___________________ SUSAN A. BONILLA Chair, District IV Supervisor ______________________________________ JOHN GIOIA GAYLE B. UILKEMA District I Supervisor District II Supervisor ______________________________________ MARY N. PIEPHO FEDERAL D. GLOVER District III Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, By: ____________________________________, Deputy RECOMMENDATION(S): RECOGNIZING OFFICER ROGER YOUNG AND HIS YEARS OF SERVICE WITH CALIFORNIA HIGHWAY PATROL FISCAL IMPACT: None BACKGROUND: None APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Marion Murphy 820-8683 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: C.14 To:Board of Supervisors From:Mary N. Piepho, District III Supervisor Date:December 15, 2009 Contra Costa County Subject:RECOGNIZING OFFICER ROGER YOUNG AND HIS YEARS OF SERVICE ATTACHMENTS Resolution No. 2009/575 In the matter of:Resolution No. 2009/575 RECOGNIZING OFFICER ROGER YOUNG UPON HIS RETIREMENT FOR HIS YEARS OF SERVICE WITH CALIFORNIA HIGHWAY PATROL WHEREAS, the California Highway Patrol recognize the dedication and selfless sacrifices of Officer Roger Young who has been a part of a long and noble profession that reflects the highest degree of honor, strength, respect and distinction; and WHEREAS, throughout our history, members of the California Highway Patrol have proudly donned their uniforms and willingly risked their lives to carry out their duties and serve their communities with tireless effort; and WHEREAS, knowing full well the unforeseen dangers and challenges they might face each day, as they protect and serve their fellow man with the greatest degree of honor and dignity; and WHEREAS, California Highway Patrol are citizen-focused, courageous in nature, responding to the needs of individuals and communities; and WHEREAS, Individuals in this line of work must have good judgment and be able to make important decisions quickly; and WHEREAS, this occasion marks the 32nd year that Officer Roger Young has served his state and community; and NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors recognizes the talents and commitment of Officer Roger Young and the positive impact of his work in his many years of service to the California Highway Patrol. ___________________ SUSAN A. BONILLA Chair, District IV Supervisor ______________________________________ JOHN GIOIA GAYLE B. UILKEMA District I Supervisor District II Supervisor ______________________________________ MARY N. PIEPHO FEDERAL D. GLOVER District III Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, By: ____________________________________, Deputy RECOMMENDATION(S): ADOPT RESOLUTION NUMBER 2009/576 RECOGNIZING OFFICER RICHARD GOMEZ AND HIS YEARS OF SERVICE WITH CALIFORNIA HIGHWAY PATROL FISCAL IMPACT: None BACKGROUND: None APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Marion Murphy 820-8683 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: C.15 To:Board of Supervisors From:Mary N. Piepho, District III Supervisor Date:December 15, 2009 Contra Costa County Subject:RECOGNIZING OFFICER RICHARD GOMEZ AND HIS YEARS OF SERVICE ATTACHMENTS Resolution No. 2009/576 In the matter of:Resolution No. 2009/576 RECOGNIZING OFFICER RICHARD GOMEZ UPON HIS RETIREMENT FOR HIS YEARS OF SERVICE WITH CALIFORNIA HIGHWAY PATROL WHEREAS, the California Highway Patrol recognize the dedication and selfless sacrifices of Officer Richard Gomez who has been a part of a long and noble profession that reflects the highest degree of honor, strength, respect and distinction; and WHEREAS, throughout our history, members of the California Highway Patrol have proudly donned their uniforms and willingly risked their lives to carry out their duties and serve their communities with tireless effort; and WHEREAS, knowing full well the unforeseen dangers and challenges they might face each day, as they protect and serve their fellow man with the greatest degree of honor and dignity; and WHEREAS, California Highway Patrol are citizen-focused, courageous in nature, responding to the needs of individuals and communities; and WHEREAS, Individuals in this line of work must have good judgment and be able to make important decisions quickly; and WHEREAS, this occasion marks the 29th year that Officer Richard Gomez has served his state and community; and NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors recognizes the talents and commitment of Officer Richard Gomez and the positive impact of his work in his many years of service to the California Highway Patrol. ___________________ SUSAN A. BONILLA Chair, District IV Supervisor ______________________________________ JOHN GIOIA GAYLE B. UILKEMA District I Supervisor District II Supervisor ______________________________________ MARY N. PIEPHO FEDERAL D. GLOVER District III Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, By: ____________________________________, Deputy RECOMMENDATION(S): ADOPT RESOLUTION NUMBER 2009/577 RECOGNIZING OFFICER PETE SCIARRETTA AND HIS YEARS OF SERVICE WITH CALIFORNIA HIGHWAY PATROL. FISCAL IMPACT: None BACKGROUND: None APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Marion Murphy 820-8683 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: C.16 To:Board of Supervisors From:Mary N. Piepho, District III Supervisor Date:December 15, 2009 Contra Costa County Subject:RECOGNIZING OFFICER PETE SCIARRETTA AND HIS YEARS OF SERVICE ATTACHMENTS Resolution No. 2009/577 In the matter of:Resolution No. 2009/577 RECOGNIZING OFFICER PETE SCIARRETTA UPON HIS RETIREMENT FOR HIS YEARS OF SERVICE WITH CALIFORNIA HIGHWAY PATROL WHEREAS, the California Highway Patrol recognize the dedication and selfless sacrifices of Officer Pete Sciarretta who has been a part of a long and noble profession that reflects the highest degree of honor, strength, respect and distinction; and WHEREAS, throughout our history, members of the California Highway Patrol have proudly donned their uniforms and willingly risked their lives to carry out their duties and serve their communities with tireless effort; and WHEREAS, knowing full well the unforeseen dangers and challenges they might face each day, as they protect and serve their fellow man with the greatest degree of honor and dignity; and WHEREAS, California Highway Patrol are citizen-focused, courageous in nature, responding to the needs of individuals and communities; and WHEREAS, Individuals in this line of work must have good judgment and be able to make important decisions quickly; and WHEREAS, this occasion marks the 28th year that Officer Pete Sciarretta has served his state and community; and NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors recognizes the talents and commitment of Officer Pete Sciarretta and the positive impact of his work in his many years of service to the California Highway Patrol ___________________ SUSAN A. BONILLA Chair, District IV Supervisor ______________________________________ JOHN GIOIA GAYLE B. UILKEMA District I Supervisor District II Supervisor ______________________________________ MARY N. PIEPHO FEDERAL D. GLOVER District III Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, By: ____________________________________, Deputy RECOMMENDATION(S): ADOPT RESOLUTION NUMBER 2009/578 RECOGNIZING OFFICER MIKE NELSON AND HIS YEARS OF SERVICE WITH CALIFORNIA HIGHWAY PATROL. FISCAL IMPACT: None BACKGROUND: None APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Marion Murphy 820-8683 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: C.17 To:Board of Supervisors From:Mary N. Piepho, District III Supervisor Date:December 15, 2009 Contra Costa County Subject:RECOGNIZING OFFICER MIKE NELSON AND HIS YEARS OF SERVICE ATTACHMENTS Resolution No. 2009/578 In the matter of:Resolution No. 2009/578 RECOGNIZING OFFICER MIKE NELSON UPON HIS RETIREMENT AND FOR HIS YEARS OF SERVICE WITH CALIFORNIA HIGHWAY PATROL WHEREAS, the California Highway Patrol recognize the dedication and selfless sacrifices of Officer Mike Nelson who has been a part of a long and noble profession that reflects the highest degree of honor, strength, respect and distinction; and WHEREAS, throughout our history, members of the California Highway Patrol have proudly donned their uniforms and willingly risked their lives to carry out their duties and serve their communities with tireless effort; and WHEREAS, knowing full well the unforeseen dangers and challenges they might face each day, as they protect and serve their fellow man with the greatest degree of honor and dignity; and WHEREAS, California Highway Patrol are citizen-focused, courageous in nature, responding to the needs of individuals and communities; and WHEREAS, Individuals in this line of work must have good judgment and be able to make important decisions quickly; and WHEREAS, this occasion marks the 28th year that Officer Mike Nelson has served his state and community; and NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors recognizes the talents and commitment of Officer Mike Nelson and the positive impact of his work in his many years of service to the California Highway Patrol. ___________________ SUSAN A. BONILLA Chair, District IV Supervisor ______________________________________ JOHN GIOIA GAYLE B. UILKEMA District I Supervisor District II Supervisor ______________________________________ MARY N. PIEPHO FEDERAL D. GLOVER District III Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, By: ____________________________________, Deputy RECOMMENDATION(S): ADOPT RESOLUTION NUMBER 2009/579 RECOGNIZING SERGEANT KEITH MARSDEN AND HIS YEARS OF SERVICE WITH CALIFORNIA HIGHWAY PATROL. FISCAL IMPACT: None BACKGROUND: None APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Marion Murphy 820-8683 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: C.18 To:Board of Supervisors From:Mary N. Piepho, District III Supervisor Date:December 15, 2009 Contra Costa County Subject:RECOGNIZING SERGEANT KEITH MARSDEN AND HIS YEARS OF SERVICE ATTACHMENTS Resolution No. 2009/579 In the matter of:Resolution No. 2009/579 RECOGNIZING SERGEANT KEITH MARSDEN UPON HIS RETIREMENT AND FOR HIS YEARS OF SERVICE WITH CALIFORNIA HIGHWAY PATROL WHEREAS, the California Highway Patrol recognize the dedication and selfless sacrifices of Sergeant Keith Marsden who has been a part of a long and noble profession that reflects the highest degree of honor, strength, respect and distinction; and WHEREAS, throughout our history, members of the California Highway Patrol have proudly donned their uniforms and willingly risked their lives to carry out their duties and serve their communities with tireless effort; and WHEREAS, knowing full well the unforeseen dangers and challenges they might face each day, as they protect and serve their fellow man with the greatest degree of honor and dignity; and WHEREAS, California Highway Patrol are citizen-focused, courageous in nature, responding to the needs of individuals and communities; and WHEREAS, Individuals in this line of work must have good judgment and be able to make important decisions quickly; and WHEREAS, this occasion marks the 13th year that Sergeant Keith Marsden has served his state and community; and NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors recognizes the talents and commitment of Sergeant Keith Marsden and the positive impact of his work in his many years of service to the California Highway Patrol. ___________________ SUSAN A. BONILLA Chair, District IV Supervisor ______________________________________ JOHN GIOIA GAYLE B. UILKEMA District I Supervisor District II Supervisor ______________________________________ MARY N. PIEPHO FEDERAL D. GLOVER District III Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, By: ____________________________________, Deputy RECOMMENDATION(S): RECOGNIZING URI ELIAHU AS THE AMERICAN SOCIETY OF CIVIL ENGINEER OF THE YEAR AS NAMED BY THE AMERICAN SOCIETY OF CIVIL ENGINEERS FISCAL IMPACT: None BACKGROUND: None APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Marion Murphy 820-8683 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: C.19 To:Board of Supervisors From:Mary N. Piepho, District III Supervisor Date:December 15, 2009 Contra Costa County Subject:RECOGNIZING URI ELIAHU AS THE AMERICAN SOCIETY OF CIVIL ENGINEER OF THE YEAR AS NAMED BY THE AMERICAN SOCIETY OF CIVIL ENGINEERS ATTACHMENTS Resolution No. 2009/580 In the matter of:Resolution No. 2009/580 RECOGNIZING URI ELIAHU AS THE AMERICAN SOCIETY OF CIVIL ENGINEER OF THE YEAR AS NAMED BY THE AMERICAN SOCIETY OF CIVIL ENGINEERS WHEREAS, Uri Eliahu, President of San Ramon-based Engeo Incorporated, and his achievement of being named Engineer of the Year by the the American Society of Civil Engineer’s; and WHEREAS, this honor recognizes the professional achievements, leadership, management abilities, exceptional dedication and service of civil engineers working in the private-sector; and WHEREAS, Engeo Incorporated is a comprehensive provider of geotechnical, environmental, hydrologic, and geologic engineering, and construction testing and inspection services; and WHEREAS, Uri Eliahu has gained this honor because of his leadership with innovative engineering solutions, his integration of a successful “servant leadership” model at Engeo; and WHEREAS, his foresight and enthusiasm to advance the civil engineering profession; and WHEREAS, the American Society of Civil Engineer’s recognizes Uri Eliahu for his leadership of Engeo and for his significant impact in the world of civil and geotechnical engineering; and NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors recognizes the talents and commitment of Uri Eliahu and the positive impact of his work in his years of service to Engeo Incorprtaed and to the American Society of Civil Engineer’s. ___________________ SUSAN A. BONILLA Chair, District IV Supervisor ______________________________________ JOHN GIOIA GAYLE B. UILKEMA District I Supervisor District II Supervisor ______________________________________ MARY N. PIEPHO FEDERAL D. GLOVER District III Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, By: ____________________________________, Deputy APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: JULIE ENEA (925) 335-1077 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 , County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: C.20 To:Board of Supervisors From:Susan A. Bonilla Date:December 15, 2009 Contra Costa County Subject:HONORING COUNTY COUNSEL SILVANO B. MARCHESI UPON HIS RETIREMENT FROM COUNTY SERVICE ATTACHMENTS Resolution No. 2009/951_Silvano Marchesi The Board of Supervisors of Contra Costa County, California In the Matter of the Retirement of ) Silvano B. Marchesi, County Counsel ) RESOLUTION NO. 2009/951 WHEREAS Silvano B. Marchesi will retire from his position as County Counsel of Contra Costa County on December 31, 2009 after 40 years of County service and so it is appropriate at this time to acknowledge his many achievements and to publicly recognize his professional and civic leadership; and WHEREAS Silvano graduated from University of San Francisco Law School in 1968 and joined the Contra Costa County Counsel's Office as an attorney in the fall of 1969. WHEREAS, while attending college and law school, Silvano worked a variety of jobs, including shoe salesman, cannery worker, radio announcer and producer, college tutor, mail carrier, and shipping clerk, and after securing employment as a Deputy County Counsel I with the County in 1969 at a monthly salary of $860, he married his wife Gerarda in January 1970; and WHEREAS Silvano progressed through the ranks of the County Counsel’s Office, being promoted to Assistant County Counsel in August 1984, Chief Assistant County Counsel in January 1999 and, ultimately, to County Counsel – the third in County history – by the Board of Supervisors in February 2001, after 31 years with the office; and WHEREAS Silvano’s long and illustrious career is distinguished by his negotiation of construction and purchase agreements for the two major recycled water facilities in Pittsburg, role as lead counsel in the condemnation trial that resulted in the Pine Creek Detention Basin and in the lawsuit that defeated constitutional and environmental challenges to building the Martinez Detention Facility, and as in-house counsel in the Acme Fill litigation that ultimately allowed the County to close the landfill in Martinez and recover the costs of the closure clean -up from the County's insurance carriers; and WHEREAS Silvano’s stature in the legal community is exemplified by his membership on the Executive Committee of the Public Law Section of the State Bar and on the Board of Directors of the Contra Costa County Bar Association, and his active participation in the City Attorney's Association and in the County Counsels' Association, of which he served as the president in 2009; and WHEREAS, Silvano completed 38 years as a member of the J udge Advocate General (JAG) Detachment, U.S. Army Reserve, retiring at the rank of Colonel, and, as such, set high professional and ethical conduct standards for the office that extended to office attire; and WHEREAS in a departure from his professional music career, Silvano famously lent his musical talents as a bassoonist to the County’s “Not Ready for Prime Time” players, which entertained at County functions; and WHEREAS Silvano is the exemplar of a dedicated public agency attorney and serves as an inspiration to all who know him for his legacy of hard work, team spirit, quick intellect, moral fortitude, and unwavering dedication to Contra Costa County government and its citizens throughout his 40 years of public service to the County, providing leadership, thoughtful guidance and mentoring, and the demonstrated ability to find solutions, work creatively, and ascribe to a high level of professional ethics; and WHEREAS Silvano is a consummate gentleman, even-tempered and good-natured, patient down to his fingertips – the sort who never would, never could, let an insulting remark es cape his lips; NOW, THEREFORE, BE IT RESOLVED that this Board takes great pleasure in congratulating Silvano B. Marchesi on his valuable service to County government and his profession, and wishes him many wonderful, exciting, and fulfilling years of retirement. PASSED by a unanimous vote of the Board of Supervisors members present this 15th day of December, 2009. __________________________________ SUSAN A. BONILLA Chair District IV Supervisor ___________________________________ ___________________________________ JOHN GIOIA GAYLE B. UILKEMA District I Supervisor District II Supervisor ___________________________________ ___________________________________ MARY N. PIEPHO FEDERAL D. GLOVER District III Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown: AT ATTESTED: December 15, 2009 DAVID TWA, Clerk of the Board of Supervisors and County Administrator By By _________________________________, Deputy RECOMMENDATION(S): Appoint Jake Sloan to the District I seat on the County Planning Commission, as recommended by Supervisor Gioia. FISCAL IMPACT: None. BACKGROUND: Supervisor Gioia recruits for board advisory positions via word-of-mouth, eblast, his newsletter, and local newspapers. Supervisor Gioia reviews all applications received for his commission openings, before making a selection and has recommended Jake Sloan. Jake Sloan 6321 Jerilyn Ave., San Pablo, Ca 94896 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 510-374-3231 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Janet Gricius, Deputy cc: C.21 To:Board of Supervisors From:John Gioia, District I Supervisor Date:December 15, 2009 Contra Costa County Subject:Appoint Jake Sloan to the District One seat on County Planning Commission. CONSEQUENCE OF NEGATIVE ACTION: CHILDREN'S IMPACT STATEMENT: ATTACHMENTS Candidate Application RECOMMENDATION(S): DECLARE vacant the District I seat on the Contra Costa County Commission for Women due to the resignation of Debra Dias, and DIRECT the Clerk of the Board to post the vacancy, as recommended by Supervisor Gioia. FISCAL IMPACT: None BACKGROUND: Debra Dias has resigned from the District One seat of the Contra Costa County Commission for Women. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 510-527-6426 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Janet Gricius, Deputy cc: C.22 To:Board of Supervisors From:John Gioia, District I Supervisor Date:December 15, 2009 Contra Costa County Subject:Vacate Debra Dias from the District One seat on the Contra Costa County Commission for Women RECOMMENDATION(S): Appoint Joanne Sidwell to the District One seat on the Contra Costa County Merit Board to finish the term ending June 30, 2013, as recommended by Supervisor Gioia. FISCAL IMPACT: None. BACKGROUND: Supervisor Gioia recruits for board advisory positions via word-of-mouth, eblast, his newsletter, and local newspapers. Supervisor Gioia reviews all applications received for his commission openings, before making a selection and has recommended Joanne Sidwell. She has previously served on the Merit Board. Joanne Sidwell 433 Golden Gate Ave. Richmond, Ca 94801 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 510-374-3231 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Janet Gricius, Deputy cc: C.23 To:Board of Supervisors From:John Gioia, District I Supervisor Date:December 15, 2009 Contra Costa County Subject:Appoint Joanne Sidwell to the District One seat on the Contra Costa County Merit Board. RECOMMENDATION(S): Appoint Cecilia Valdez to the West County Elected Official seat on the Contra Costa Inter-jurisdictional Council on Homelessness Advisory Board. FISCAL IMPACT: None. BACKGROUND: The Contra Costa Inter-jurisdictional Council on Homelessness (CCICH) was established on March 11, 2008, combining the efforts of the Contra Costa County Homeless Continuum of Care Board and the Homeless Inter-Jurisdictional Inter-Departmental Work Group. CCICH is charged with providing a forum for communication and coordination about the overall implementation of the Ten Year Plan to End Homelessness and providing advice and input on the operations of homeless services. CCICH meets on a regular basis to discuss issues surrounding homelessness throughout the County and is made up of representatives from city and county government, health care, law enforcement, service providers and consumers. The following appointment to the West County Elected Official seat is recommended: APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 510-374-3231 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Janet Gricius, Deputy cc: C.24 To:Board of Supervisors From:John Gioia, District I Supervisor Date:December 15, 2009 Contra Costa County Subject:Appoint Cecilia Valdez to the West County seat on the Contra Costa County Inter-jurisdictional Council on Homelessness BACKGROUND: (CONT'D) Cecilia Valdez 110 Santa Rita Court San Pablo, CA 94806 RECOMMENDATION(S): Appoint Sean Duckworth to the At Large Seat 11 on the Contra Costa Commission for Women for a term ending February 28, 2012. FISCAL IMPACT: No fiscal impact. BACKGROUND: The Contra Costa Commission for Women was formed to educate the community and advise the Contra Costa County Board of Supervisors and other entities on the issues relating to the changing social and economic conditions of women in the County, with particular emphasis on the economically disadvantaged. The Committee consists of 25 members and one alternate, including: • Five district representatives; (one from each supervisorial; districts) • Twenty at large members; and • One at large alternate. The five district representatives are nominated for a three year term by each other the APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Dorothy Sansoe, 925-335-1009 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: C.25 To:Board of Supervisors From:Dorothy Sansoe, County Administrator Date:December 15, 2009 Contra Costa County Subject:Appointment to the Contra Costa Commission for Women BACKGROUND: (CONT'D) five members of the Board of Supervisors. The twenty at large members and one at large alternate are nominated by the CCCW membership committee and forwarded to the full CCCW. All nominated appointments to the CCCW are reviewed by the Internal Operations Committee (IOC) and referred to the Board of Supervisors for approval. CCCW terms are for three years and they are staggered across the membership. A current CCCW roster, as of January 15, 2008, is attached for your information (Attachment A). Current Status of Appointments The CCCW has been recruiting applicants on an ongoing basis to fill the vacant seats. A press release was distributed to major news media in the County and posted on County bulletin boards. The Commission received two applications and invited all applicants to be interviewed. On October 20, 2009, the CCCW membership committee interviewed one applicant. The committee assessed the applicant based on the following criteria: • Familiarity with and understanding of the diverse issues facing women in the county • Specific experience, knowledge or interest in women’s issues in the county • The potential to expand the CCCW’s experience and capacity to develop recommendations for the activities of the Commission • Potential for conflicts of interest • Diversity with respect to ethnic background, gender, and geographic representation The membership committee unanimously approved the above recommendation for a new appointment. As of October 21, 2009 there are 11 at large vacancies, the at large alternate seat and the District I seat is vacant. These vacancies have the following terms: At Large #14, #15, 20 February 28, 2011 At Large #12, #16, 17, Alternate February 28, 2012 At Large #3, #9, #10, #18, District I February 28. 2010 If the appointment recommended in this memorandum are ultimately approved, one seat would be filled. The vacancies remaining after approval would be ten at large seats, one alternate and the District I. At Large #12, #16, 17, Alternate February 28, 2012 At Large #3, #9, #10, #18, District 1 February 28. 2010 At Large #14, #15, #20 February 28, 2011 Since May 2004, the CCCW has had extremely limited staff support and no budget provided by the County. However, the CCCW membership committee is continuing its recruiting efforts and plans to fill the remaining vacancies within the next few months. RECOMMENDATION(S): APPROVE Appropriations Adjustment No. 5023 authorizing new revenue in the Sheriff's Office (0255) in the amount of $602,579 from the California Office of Traffic Safety, "Avoid the 25" DUI campaign and appropriating it for DUI enforcement equipment and activities. FISCAL IMPACT: This action increases revenue and appropriations by $602,579. There is no change in net county cost. BACKGROUND: On March 11, 2008, the Board approved and authorized the Sheriff-Coroner to apply for and accept a State of California Office of Traffic Safety Avoid the 25 Program grant to help fund a comprehensive, multi-jurisdictional driving under the influence (DUI) enforcement campaign (item C.64). This program is designed to decrease the number of DUI related traffic collisions and fatalities by increasing the number of DUI arrests. Additionally, the "Avoid the 25" program is intended to reduce collisions and fatalities through greater public awareness and education APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Liz Arbuckle, 335-1601 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: EMY L. SHARP, Deputy cc: Frank Scudero, Beth Kilian, Tim Ewell C.26 To:Board of Supervisors From:Warren Rupf, Sheriff-Coroner Date:December 15, 2009 Contra Costa County Subject:Appropriation Adjustment - Avoid the 25 Grant BACKGROUND: (CONT'D) from media coverage of the program. The program has proven to be effective in three additional Bay Area counties, and has resulted in an increase in DUI arrests with a reduction in DUI related collisions. The original grant award was $662,473 and approximately $59,894 was claimed in fiscal year 2008/09, resulting in a grant balance of $602,579. This request reflects the remaining balance of the grant award, which has not been appropriated in the department's fiscal year 2009/10 operating budget. CONSEQUENCE OF NEGATIVE ACTION: CHILDREN'S IMPACT STATEMENT: ATTACHMENTS TC27 Avoid the 25 TC24 Avoid the 25 AUDITOR-CONTROLLER USE ONLY CONTRA COSTA COUNTY FINAL APPROVAL NEEDED BY: APPROPRIATION ADJUSTMENT X BOARD OF SUPERVISORS T/C 27 COUNTY ADMINISTRATOR ACCOUNT CODING BUDGET UNIT: Sheriff's Office EXPENDITURE ORGANIZATION SUB-ACCOUNT Option EXPENDITURE ACCOUNT DESCRIPTION <DECREASE>INCREASE 2526 1013 Temporary Salaries 1,000 00 2526 1014 Permanent Overtime 100,000 00 2526 1042 F.I.C.A.1,000 00 2526 1044 Retirement Expense 30,000 00 2526 1060 Employee Group Insurance 10,000 00 2526 1063 Unemployment Insurance 1,000 00 2526 1070 Workers Compensation Ins 10,000 00 2526 2100 Office Expense 1,000 00 2526 2103 Postage 1,000 00 2526 2303 Other Travel Employees 1,000 00 2526 2310 Non Cnty Prof Spclzd Svcs 100,000 00 2526 2479 Other Special Dpmtal Exp 336,579 00 2526 5011 Reimbursements-Gov/Gov 10,000 00 0990 6301 Reserve for Appropriations 602,579 00 0990 6301 Appropriate New Revenue 602,579 00 TOTALS 602,579 00 1,205,158 00 APPROVED EXPLANATION OF REQUEST AUDITOR-CONTROLLER: BY:______________________________ DATE___________ COUNTY ADMINISTRATOR: BY:______________________________ DATE___________ BOARD OF SUPERVISORS: YES: NO: 10/30/2009 SIGNATURE TITLE DATE APPROPRIATION APOO 5023 BY:______________________________ DATE___________ADJ. JOURNAL NO. To appropriate new revenue for Avoid the 25 Grant Sheriff's Fiscal Officer (Deputy) (M129 Rev 2/86) CONTRA COSTA COUNTY ESTIMATED REVENUE ADJUSTMENT T/C 24 ACCOUNT CODING BUDGET UNIT: Sheriff's Office REVENUE ORGANIZATION ACCOUNT REVENUE ACCOUNT DESCRIPTION INCREASE <DECREASE> 2526 9595 Misc Govt Agencies 602,579 00 TOTALS 602,579 00 0 00 APPROVED EXPLANATION OF REQUEST AUDITOR-CONTROLLER: BY:______________________________ DATE___________ COUNTY ADMINISTRATOR: BY:______________________________ DATE___________ BOARD OF SUPERVISORS: YES: NO: 10/30/2009 SIGNATURE TITLE DATE REVENUE ADJ. RAOO 5023 BY:______________________________ DATE___________JOURNAL NO. To appropriate new revenue for Avoid the 25 Grant Sheriff's Fiscal Officer (Deputy) (M 8134 Rev. 2/86) RECOMMENDATION(S): APPROVE Appropriation Adjustment No. 5030 authorizing new revenue in the Sheriff's Office (0255) in the amount of $178,268 from the U.S. Department of Homeland Security, Infrastructure Protection Program - 2007 Port Security Grant and appropriating it for the purchase of marine patrol equipment. FISCAL IMPACT: No net County costs. This action increases revenue and appropriations by $178,268, reflecting the balance of remaining from the original grant award. (CFDA No. 97.056) BACKGROUND: On September 11, 2007 (Item C.99), the Board authorized the Sheriff's Office to apply for and accept the 2007 Port Security Grant. The U.S. Department of Homeland Security (DHS) awarded the 2007 Port Security Grant to the Sheriff's Office to provide a combined security deterrence and response capability in the water, air and land, in cooperation with the U.S. Coast Guard, allied agencies and industry. A key element of the grant was the funding of equipment to enhance APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Liz Arbuckle, 335-1601 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: EMY L. SHARP, Deputy cc: Frank Scudero, Tim Ewell, Beth Kilian, Will Duke C.27 To:Board of Supervisors From:Warren Rupf, Sheriff-Coroner Date:December 15, 2009 Contra Costa County Subject:Appropriation Adjustment - 2007 Port Security Grant BACKGROUND: (CONT'D) security deterrence capabilities established with the 2006 Port Security Grant, including the replacement of a Forward Looking Infrared (FLIR) on the Sheriff's STARR II helicopter and the purchase of a Coda Underwater Inspection System (UIS) for use in the Marine Patrol Unit. The original grant award was $1,120,000; $840,000 Federal and $280,000 County match. The County match was satisfied by the purchase of the FLIR system described above. The remaining balance of this grant being appropriated today requires no further match dollars. ATTACHMENTS TC24 Port Security TC27 Port Security CONTRA COSTA COUNTY ESTIMATED REVENUE ADJUSTMENT T/C 24 ACCOUNT CODING BUDGET UNIT: Sheriff's Office REVENUE ORGANIZATION ACCOUNT REVENUE ACCOUNT DESCRIPTION INCREASE <DECREASE> 2507 9362 St Aid Crime Control 178,268 00 TOTALS 178,268 00 0 00 APPROVED EXPLANATION OF REQUEST AUDITOR-CONTROLLER: BY:______________________________ DATE___________ COUNTY ADMINISTRATOR: BY:______________________________ DATE___________ BOARD OF SUPERVISORS: YES: NO: 12/2/2009 SIGNATURE TITLE DATE REVENUE ADJ. RAOO 5030 BY:______________________________ DATE___________JOURNAL NO. To appropriate remaining 2007 revenue from Port Security Grant Chief of Mgmt Svcs (Deputy) (M 8134 Rev. 2/86) AUDITOR-CONTROLLER USE ONLY CONTRA COSTA COUNTY FINAL APPROVAL NEEDED BY: APPROPRIATION ADJUSTMENT X BOARD OF SUPERVISORS T/C 27 COUNTY ADMINISTRATOR ACCOUNT CODING BUDGET UNIT: Sheriff's Office EXPENDITURE ORGANIZATION SUB-ACCOUNT Option EXPENDITURE ACCOUNT DESCRIPTION <DECREASE>INCREASE 2507 2310 Non Cnty Prof Spclzd Svcs 88,268 00 2507 4952 Institutionl Equip & Furn 90,000 00 0990 6301 Reserve for Appropriations 178,268 00 0990 6301 Appropriate New Revenue 178,268 00 TOTALS 178,268 00 356,536 00 APPROVED EXPLANATION OF REQUEST AUDITOR-CONTROLLER: BY:______________________________ DATE___________ COUNTY ADMINISTRATOR: BY:______________________________ DATE___________ BOARD OF SUPERVISORS: YES: NO: 12/2/2009 SIGNATURE TITLE DATE APPROPRIATION APOO 5030 BY:______________________________ DATE___________ADJ. JOURNAL NO. To appropriate remaining 2007 revenues from Port Security Grant Chief of Mgmt Svcs (Deputy) (M129 Rev 2/86) RECOMMENDATION(S): APPROVE and AUTHORIZE Appropriation and Revenue Adjustment No. 5022 to increase revenue in the Cooperative Extension program in the amount of $114,252 and appropriate it for on-going personnel and operating expenses, as recommended by Supervisors Glover and Piepho. FISCAL IMPACT: This Appropriation Adjustment will increase authorized revenue and expenditures by $114,252 to cover the normal on-going expenses for the program through June 30, 2010. Included in this amount is an expenditure transfer of $50,00 from 100% general purpose revenue from transient occupancy taxes received from the Renaissance Club Sport Hotel and designated to the CCFutures Fund. Revenues includes $100,000 from the Livable Communities Trust, $5,622 in outside donations, $4,216 in revenue received from U.C. Davis under a contract for services, and $4,414 award from the California State Fair. BACKGROUND: Additional funding has been approved by the Board of Supervisors for various sources including the CCFutures Fund, Livable Communities Trus, donations, and an award from the California State Fair. This funding will allow the program, previousl scheduled for closure effective December 31, 2009, to continue through June 30, 2010. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Dorothy Sansoe, 925-335-1009 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: EMY L. SHARP, Deputy cc: C.28 To:Board of Supervisors From:Dorothy Sansoe, County Administrator Date:December 15, 2009 Contra Costa County Subject:Appropriation and Revenue Adjustment for Cooperative Extension ATTACHMENTS Appr Adj 5022 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 20679 to reclassify a Community Health Worker II (VKVB) Position #9799 and it's incumbent from salary level QT5 1043 ($3,000-$3,647.72) to Community Health Worker Specialist (VKTA) at salary level QT5 1103 ($3,184.68-$3,870.99) in the Health Services Department, Healthy Start Unit. FISCAL IMPACT: Upon approval, this action will result in an annual cost of $3,889 which is 100% funded by Federally Qualified Health Care Facility funds. This action will result in no net County cost. BACKGROUND: Human Resources has conducted a classification desk audit to review the incumbent's job duties currently being performed. This action is requested on the basis that the incumbent has assumed a level of independence and is performing higher-level responsibilities appropriate for the Community Health Worker Specialist classification. This action will be accomplished under provisons of the Personnel Management Regulations, Section 503 Promotion by Reclassification without Examination. Both the incumbent and the action proposed meet all requirements imposted by that Section. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: J.Linares HS - (925) 957-5246 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: EMY L. SHARP, Deputy cc: otilia parra, joanne linares C.29 To:Board of Supervisors From:Ted Cwiek, Human Resources Director Date:December 15, 2009 Contra Costa County Subject:Reclassify a Community Health Worker II position and incumbent to Community Health Worker Specialist CONSEQUENCE OF NEGATIVE ACTION: If this request is not approved, the incumbent will continue to perform duties outside the scope of her current classification and will not be appropriately compensated. ATTACHMENTS P 300 #20679 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 20661 to RECLASSIFY a Network Administrator I (LNSA) Position #9726 and it's incumbent from salary level ZA5 1694 ($5,717.43 - $6,949.58) to Network Administrator II (LNSB) at salary level ZA5 1787 ($6,268.91 - $7,619.90) in the Health Services Department/IT Division. FISCAL IMPACT: Upon approval, this action will result in an annual cost of $11,675.00 which will be funded 100% by third party revenue. This action will result in no net County cost. BACKGROUND: The Human Resources Department has conducted a classification desk audit to review the incumbent's job duties currently being performed. This action is requested on the basis that the incumbent has assumed a level of independence and is performing higher-level responsibilities appropriate for the Network Administrator II classification. This action will be accomplished under provisons of the Personnel Management Regulations, Section 503 Promotion by Reclassification without Examination. Both the incumbent and the action proposed meet all requirements imposted by this Section. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: T. Manor (HS) 957-5248 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: EMY L. SHARP, Deputy cc: Human Resources, Human Resources, Health Services C.30 To:Board of Supervisors From:Ted Cwiek, Human Resources Director Date:December 15, 2009 Contra Costa County Subject:Reclassify one Network Administrator I and Incumbent to Network Administrator II ATTACHMENTS P 20661 (Health Services) RECOMMENDATION(S): ADOPT Resolution No. 2009/546 authorizing the deletion of certain positions and laying off employees in the General Services Department. FISCAL IMPACT: Two full-time, filled positions are recommended for elimination. In the Capital Facilities Division, salary savings of $139,036 will be generated annually due to the elimination of one Sr. Capital Facilities Project Manager position. Expenditure reductions are offset by reductions in revenue received from other departments, therefore there will be no impact on the County general fund; however, if this action is not taken and project hours are not available for charge out, the cost of the employee becomes an unplanned General Fund expense. In the Administrative Division, the elimination of the Information Systems Specialist II position will generate salary savings of $95,891 annually. In the future, the technical systems support will be handed through a service level agreement with the Department of Information Technology (DOIT). The net future year County general fund savings due to the elimination of this position are estimated at $45,891 per year. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Barbara Riveira 335-1018 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: EMY L. SHARP, Deputy cc: C.31 To:Board of Supervisors From:David Twa, County Administrator Date:December 15, 2009 Contra Costa County Subject:Lay Off Resolution No. 2009/546 effective January 31, 2010 for the General Services Department BACKGROUND: The General Services Department, Capital Facilites Division projects have diminished to the point that the department is not able to sustain the current staffing level, and no new projects have been identified at this time. The elimination of the Sr. Capital Facilities Project Manager position and the layoff of the incumbent is recommended due to these workload reductions. The General Services Department has also partnered with Department of Information Technology as part of the county-wide centralization plan. Department of Information Technology will perform all of the General Services Department information technology support needed at a reduced cost to the General Services Department, resulting in on-going budget savings for the General Services Department. Therefore, the elimination of one Information Systems Specialist II position and the layoff of the incumbent is recommended. ATTACHMENTS Resolution No. 2009/546 GSD Lay Off 013109 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/15/2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSE: Resolution No. 2009/546 In the Matter of Abolishing positions and laying off certain County employees in the General Services Department. WHEREAS, the Board has considered the financial impact on the General Services Departments of reduced funding and increased funding requirements, and has considered the position and staff reduction/retention plans submitted by the departments; and WHEREAS, department head has issued layoff or displacement notices, as the case may be, and have given notice to the affected employees of the Board’s action; and WHEREAS, to the extent that the subjects of this Resolution are within the scope of representation pursuant to the Meyers-Milias-Brown Act (Government Code Section 3500 et seq.), this Board has offered to meet with recognized employee organizations upon request concerning this resolution, THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS, in its capacity as governing Board of the County and all of its dependent districts RESOLVES THAT: In order to keep expenditures within available funding, it is necessary to make position adjustments, including abolishing the positions set forth in the list attached hereto (Attachment A) and to lay off employees accordingly. Said list is incorporated herein by reference, and said positions are hereby abolished effective on the dates indicated. Contact: Barbara Riveira 335-1018 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: Attachment A DEPARTMENT: General Services Department Pos #Classification Class Code Org # FT/PT Vacant/ Filled 1756 Senior Capital Facilities Project Manager NEHA 4011 1.0 Filled 6548 Information Systems Specialist II LTVA 0149 1.0 Filled CONTRA COSTA COUNTY POSITIONS TO BE ABOLISHED/REDUCED Effective: January 31, 2010 (Unless Otherwise Noted) RECOMMENDATION(S): DIRECT the Human Resources Department to conduct classification studies with the goal of establishing the following classes in the County Clerk-Recorder Division: Clerk-Recorder Services Technician, Clerk-Recorder Services Specialist, Clerk-Recorder Services Supervisor, and Clerk-Recorder Services Manager. FISCAL IMPACT: None at this time. Funding for the new positions will come from additional revenues generated by the fee increase through SB 676. BACKGROUND: SB 676 was recently passed. allowing counties to increase the base fee charged for recording and indexing documents - from $4 per document to up to $10 per document effective January 1, 2010. The opportunity emerged with the passage of SB 676 to restructure the Clerk-Recorder organization that will bring tremendous improvement APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Debi Cooper/Steve Weir 335-7899 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: EMY L. SHARP, Deputy cc: C.32 To:Board of Supervisors From:Stephen L. Weir, Clerk-Recorder Date:December 15, 2009 Contra Costa County Subject:Personnel Actions Related to SB 676 Recording and Indexing Fees Increase BACKGROUND: (CONT'D) in customer service, streamline operations, as well as reduce the general fund dependence of this department. The objective is to create a new, higher trained and more technical classification structure so that all front line employees in the Clerk-Recorder division can competently assist any customer, instead of the bifurcated system that has been in place for many years. Recent budget issues and position cuts have further reduced customer service, and SB 676 provides the department a means to improve its operations. Though it will take several years for the operations to be fully integrated to the new structure, immediate improvements are expected to be seen in the amount of time customers wait in line to be helped, the amount of available parking (because customers will be in and out of the office faster), and the quality of service. This is an opportunity for the county to take better care of its constituents. This Board Order is a request for the Human Resources Department to initate necessary steps to facilitate the reorganization at the Clerk-Recorder, by conducting classification studies that will ultimately result in the establishment of several classications deemed more appropriate for the needs of the Clerk-Recorder Department. As part of the study, Human Resources will also conduct salary reviews to determine the appropriate salary range for various classifications in the Clerk-Recorder Division. CONSEQUENCE OF NEGATIVE ACTION: Failure to increase the recording and indexing fee and to make the requested position changes will cause the county to lose approximately $1,800,000 annually in revenues that can be utilized for recording- and indexing-related activities The Clerk-Recorder division will continue with a bifurcated system of staff either helping with Clerk functions or recording functions, which often leave customers for one or the other group in long lines, waiting for service. Parking will continue to be an issue for both staff and customers. The Clerk-Recorder will lose an opportunity to increase positive support to county constituents. ATTACHMENTS POSITION ADJUSTMENT REQUEST NO. DATE 12/1/09 Department No./ Department Clerk-Recorder Budget Unit No. 0355 Org No. 0355 Agency No. 24 Action Requested: Create classifications of Clerk-Recorder Services Technician (add 6), Clerk -Recorder Services Specialist (add 5), Clerk -Recorder Services Supervisor (add 2), Clerk-Recorder Services Manager (add one), Chief Deputy Clerk - Recorder (add one). Eliminate ten vacant positions (now if positions are vacant, or as soon as they become vacant). Reallocate Assistant Recorder Exempt ALB3, Assistant Registrar Exempt ALB1, Election Services Manager EBSA on the salary schedule. Add one Network Administrator I LNSA and eliminate one vacant Network Tech I LNWA (position 12453). Proposed Effective Date: 1/1/2010 Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary) associated with request: $0.00 Estimated total cost adjustment (salary / benefits / one time): Total annual cost 784,762 Net County Cost 784,762 Total this FY 392,381 N.C.C. this FY 392,381 SOURCE OF FUNDING TO OFFSET ADJUSTMENT SB 676, effective 1/1/2010, will provide apx. $1,800,000 in new annual revenue. After these actions, there will still be an annual General Fund savings of apx. $1,105,238. Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. 1/1/2010(Date) ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Other: ____________________________________________ ___________________________________ (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 RECOMMENDATION(S): ADOPT Personnel Adjustment Resolution No. 20756 to cancel one (1) permanent, full-time Deputy Sheriff – 40 hour (6XWA) position # 3039, and add one permanent, full-time (1) Sergeant (6XTA) position to the Patrol Division – Military Ocean Terminal Concord (MOTCO), in the Office of the Sheriff. FISCAL IMPACT: This action is 100% funded by the U.S. Army, Military Ocean Terminal Concord (MOTCO). No General Fund monies. BACKGROUND: The Office of the Sheriff provides law enforcement and security services to the U.S. Army – Military Ocean Terminal Concord through a contractual agreement. In November 2009, the Office of the Sheriff received notice from the U.S. Army, Military Ocean Terminal Concord (MOTCO), requesting the cancellation of one Deputy Sheriff position and addition of one Sergeant position to the staffing levels at MOTCO. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Eileen Devlin, 925-335-1557 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: EMY L. SHARP, Deputy cc: Eileen Devlin, Karen Todd, Barbara Vargen C.33 To:Board of Supervisors From:Warren Rupf, Sheriff-Coroner Date:December 15, 2009 Contra Costa County Subject:Cancel one (1) Deputy Sheriff position and add one (1) Sergeant position- MOTCO ATTACHMENTS P300 #20756 - Office of the Sheriff POSITION ADJUSTMENT REQUEST NO. 20756 DATE 11/19/2009 Department No./ Department Office of the Sheriff Budget Unit No. 0255 Org No. 2543 Agency No. 25 Action Requested: CANCEL one (1) full-time, permanent Deputy Sheriff position (6XWA position #3039) and ADD one (1) full-time, permanent Sergeant position (6XTA) to Field Operations Bureau - Patrol Division - Military Ocean Terminal Concord (MOTCO). Proposed Effective Date: 12/1/2009 Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary) associated with request: $0.00 Estimated total cost adjustment (salary / benefits / one time): Total annual cost $24,428.00 Net County Cost $0.00 Total this FY $14,252.00 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT Funded by U.S. Department of Arm y - MOTCO contract Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Eileen Devlin ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT TME for RJS 11/23/2009 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE CANCEL one (1) full-time, permanent Deputy Sheriff position (6XWA position #3039) and ADD one (1) full-time, permanent Sergeant position (6XTA) in the Office of the Sheriff. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Other: ____________________________________________ ___________________________________ (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 3/16/2015 No. xxxxxx 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year -to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.) c. Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c. financial implications 7. Briefly describe the alternative approaches to delivering the services which you have consi dered. 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): ADOPT Position Adjustment Resolution No. 20759 to cancel Chief of Property Conservation (FADG) (Position No. 930), and ADD three (3) Senior Building Inspector (FATE) full time permanent positions at salary level QS5 1800 ($6,350-$7,001). FISCAL IMPACT: Annual cost savings of approximately $130,827 resulting from the cancellation of the Chief of Property Conservation position and the subsequent cancellation of the 3 vacated positions after promotional appointments are finalized. Funded 100% by Land Development Fees. BACKGROUND: The Department of Conservation and Development is trying to flatten the organization and develop future leadership. With the retirement of the Chief of Property Conservation in September, an opportune timing has been presented to the Department to pursue its goal of reorganization and leadership development. In line with this, the Department will cancel the Chief of Property Conservation position and replace it with 3 Senior Building Inspectors who will provide lead APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Laura Glass, 5-1178 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: EMY L. SHARP, Deputy cc: Tanya Stulken, Eva Barrios, Laura Glass - Department of Conservation and Development C.34 To:Board of Supervisors From:Catherine Kutsuris, Conservation & Development Director Date:December 15, 2009 Contra Costa County Subject:CANCEL Position # 930, Chief of Property Conservation. ADD three (3) Senior Building Inspectors. BACKGROUND: (CONT'D) direction for the Property Conservation Section. These three (3) Senior Building Inspectors will report to the Department of Conservation and Development Deputy Director, Building Inspection Division. These 3 new positions will be filled through a promotional exam and will come from the Building Inpector II pool. Upon the successful promotional appointments, the Department will cancel the positions being vacated. The Department will process the P300 to cancel all three (3) vacated positions as soon as the promotional appointments have been made. Once the entire plan is executed, the net effect to the Department will be one less FTE (Chief of Property Conservation). CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the Department of Conservation and Development will be unable to continue reorganizing and streamlining its staffing levels. ATTACHMENTS Worksheet calculation P300#20759 DCD Cancel:Add:Savings Incurred by the Net Savings 1 Chief, Property Conservation 3 Senior BI Cancellation of positions vacated (actual costs used)(3 Building Inspection IIs) Highest Pay, Monthly (8,175)7,001 (6,474) Include Benefits (5,494)12,252 (11,330) Convert to Annual Cost (164,028)147,021 (135,954) x Number of Positions (164,028)441,063 (407,862)(130,827) POSITION ADJUSTMENT REQUEST NO. 20759 DATE 12/8/2009 Department No./ Department Conservation & Development Budget Unit No. 0280 Org No. 2671/ Agency No. 38 Action Requested: CANCEL Position # 930, Chief of Property Conservation (FADG). ADD three (3) Senior Building Inspectors (FATE). Promotional exam only. Positions vacated after promotion will be cancelled (P300 for cancellation will be submitted separately). Proposed Effective Date: 1/1/2010 Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary) associated with request: $0.00 Estimated total cost adjustment (salary / benefits / one time): Total annual cost ($130,827.00) Net County Cost $0.00 Total this FY ($65,413.50) N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT Land Development Fees Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Approved by Jason Crapo ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT RS & LD 12/7/09 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 12/08/2009 ADD three (3) permanent full-time Senior Building Inspector (FATE) positions at salary level QS5 1800 ($6,350-$7,001) and CANCEL one (1) full-time Chief Property Conservation (FADG) vacant position #930 in the Department of Conservation and Development. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Other: ____________________________________________ ___________________________________ (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 3/16/2015 No. xxxxxx 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronym s i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year -to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.) c. Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c. financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resources Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY RECOMMENDATION(S): ADOPT Resolution 2009/491, amending Resolution 2009/298, which amended Resolution 2009/112, to revise the effective date for the abolishment of one position in Cooperative Extension, from December 31, 2009, to June 30, 2010 as recommended by Supervisors Glover and Piepho. All other provision of Resolution 2009/112 remain in full force and effect. FISCAL IMPACT: Additional funding has been been approved by the Board of Supervisors from various sources, including the CC Futures Fund, Livable Communities, donations, and an award from the California State Fair. This funding will allow the extension of the position through the end of the fiscal year. BACKGROUND: On April 7, 2009, the Board approved and adopted Position Adjustment Resolution No. 2009/112 incorporating the position eliminations identified in the FY 2009-10 Recommended Budget as modified on March 31, 2009. The Resolution adjusted and/or eliminated positions in the following County departments: Animal Services, Assessor, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Dorothy Sansoe, 335-1009 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: EMY L. SHARP, Deputy cc: C.35 To:Board of Supervisors From:David Twa, County Administrator Date:December 15, 2009 Contra Costa County Subject:Amendment to Resolution 2009/298 Deleting Certain Positions and Laying Off Employees BACKGROUND: (CONT'D) Board of Supervisors, Clerk-Recorder, Conservation and Development, Cooperative Extension, County Administration, Office of Revenue Collection, Department of Information Technology, District Attorney, Employment and Human Services, General Services, Health Services, Human Resources, Library, Probation, Public Defender, Public Works, Risk Management, Sheriff-Coroner, and Treasurer-Tax Collector. The County Administrator is requesting that the Board revise the effective date for one position in Cooperative Extension from December 31, 2009 to June 30, 2010. This revision will reflect on-going efforts to identify and obtain outside funding to sustain the program services. All other provisions of Resolutions 2009/112 and 2009/298 remain in full force and effect. ATTACHMENTS Resolution No. 2099/491 Attachment A to Resolution THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/15/2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSE: Resolution No. 2099/491 SUBJECT: Changing the Effective Date for the Delection of Positions and the Layoff of Employees in Cooperative Extension WHEREAS, the Board adopted Resolution 2009/298 on June 23, 2009, amending the effective dates of the abolishment of certain positions in affected County Departments and establishing layoff dates; and WHEREAS, the Board adopted Resolution 2009/112 on April 7, 2009, abolishing certain positions in affected County Departments and establishing layoff date; and WHEREAS, additional funding has become available to extend the layoff dates for one position in Cooperative Extension (i.e. Office Manager); THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS, in its capacity as governing Board of the County and all of its dependent districts RESOLVES THAT: 1. Resolution 2009/298, which amended Resolution 2009/112, is hereby amended to change the effective date to abolish the positions of Office Manager in Cooperative Extension from December 31, 2009 to June 30, 2010, as shown on Attachment A6 Second Revision, attached hereto. 2. All other provisions of Resolutions No. 2009/112 and 2009/298 remain in full force and effect. Contact: Dorothy Sansoe, 335-1009 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: CONTRA COSTA COUNTY POSITIONS TO BE ABOLISHED Effective: April 30, 2009 (Unless Otherwise Noted) DEPARTMENT: Cooperative Extension A-6 Second Revision Pos # Classification Class Code Org # FT/PT Vacant/Filled The following position will be abolished at the end of business on June 30, 2009 2008 Clerk - Experienced Level JWXB 0630 32/40 Filled The following position will be abolished at the end of business on December 31, 2009 2009 Clerk - Experienced Level JWXB 0630 40/40 Filled The following position will be abolished at the end of business on June 30, 2010 10420 Office Manager JJHC 0630 40/40 Filled RECOMMENDATION(S): 1. DECLARE that the County-owned property at 205 41st Street, Richmond is surplus property not needed for the County's immediate use, and APPROVE a Lease with RYSE, Inc. for that property for a five year term beginning July 1, 2009, and ending June 30, 2014, for approximately 6,600 square feet of building space, at a monthly rent of $1 for the operation of a Community Youth Center under the terms and conditions set forth in the Lease. 2. AUTHORIZE the Director of General Services, or designee, to EXECUTE the Lease on behalf of the County, and EXERCISE any additional options to the Lease. 3. DETERMINE that the project is a Class 1(a) Section 15301 Categorical Exemption under the California Environmental Quality Act (CEQA). 4. DIRECT the Department of Conservation and Development Director, or designee, to file a Notice of Exemption with the County Clerk, and DIRECT the Director of General Services, or designee, to arrange for the payment of the handling fees to the Department of Conservation and Development and County Clerk for filing of the Notice of Exemption. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Mike Lango, General Services Director, 925.313.7100, Gail Myers, RES, 925.313.7262 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: EMY L. SHARP, Deputy cc: GSD Administration, GSD Accounting, GSD RES Div Manager, GSD RES Agent, GSD RES Clerical, County Counsel's Office, County Administrator's Office, Risk Manager C.36 To:Board of Supervisors From:Michael J. Lango, General Services Director Date:December 15, 2009 Contra Costa County Subject:Lease with RYSE, Inc., for the County-owned Premises at 205 41st Street, Richmond RECOMMENDATION(S): (CONT'D) FISCAL IMPACT: County will realize a cost avoidance of approximately $30,000 in fiscal year 2009/2010 and approximately $156,274 over the five year term of the lease due to RYSE paying for various building expenses. BACKGROUND: The County has not used the building at 205 41st Street since July 2006. Government Code Section 25372 (b) authorizes the County to lease County-owned surplus property to non-profit entities organized for the care, teaching, or training of youth. RYSE has informed the County that it is a California non-profit corporation that meets the criteria set forth in Government Code 25372 (b) and will operate a Youth Center and provide outreach services to support the community of Richmond from the 205 41st Street location. RYSE will pay for janitorial, landscaping, telephone, natural gas, electricity and refuse collection services to the Premises. County will pay for water, sewer, and alarm service, and will maintain the HVAC and interior utility systems, and the structural integrity of the Building. CONSEQUENCE OF NEGATIVE ACTION: RYSE will not provide Community Youth Center and outreach services at this location and the County-owned building will remain vacant. RECOMMENDATION(S): 1. APPROVE the project design and scope of work, including drawings, specifications, and work descriptions, for the 4th Floor Remodel project, Wakefield Taylor Courthouse, 725 Court Street, Martinez. 2. DETERMINE that the project is a Class 1(a) Section 15061(b)(3) Categorical Exemption under the California Environmental Quality Act (CEQA). 3. APPROVE and AUTHORIZE the General Services Director, or his designee, to execute, on behalf of the County, a memorandum of understanding with the Judicial Council of California, Administrative Office of the Courts (“AOC”), and the Superior Court of California, Contra Costa County, pursuant to which the AOC will pay the County an amount not to exceed $550,000, for the renovation of the fourth floor of the Wakefield Taylor Courthouse as described in the scope of work, during the period January 4 through May 7, 2010, subject to approval by County Counsel as to the form of the memorandum of understanding. 4. AUTHORIZE the General Services Director or designee to advertise for bids for trade contracts. 5. DELEGATE authority to the General APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: (925) 313-7163 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: GSD - Admin Services, County Administrator, County Counsel C.37 To:Board of Supervisors From:Michael J. Lango, General Services Director Date:December 15, 2009 Contra Costa County Subject:Memorandum of Understanding with the Judicial Council of California, Administrative Office of the Courts and the Superior Court of Contra Costa RECOMMENDATION(S): (CONT'D) Services Director, or his designee, to evaluate bids received for trade contracts and, pursuant to County Ordinance Code Section 1108-3.208, to award trade contracts to the lowest responsive and responsible bidders for portions of the work described in the scope of work. 6. AUTHORIZE the General Services Director or designee to exonerate any bid bonds posted by the bidders, after execution of the trade contracts. 7. AUTHORIZE the General Services Director or designee to sign any escrow agreements prepared for this project to permit the direct payment of retentions into escrow or the substitution of securities for moneys withheld by the County to ensure performance under the trade contracts, pursuant to Public Contract Code Section 22300. 8. AUTHORIZE the General Services Director or designee to order changes or additions to the contract work pursuant to Public Contract Section 20142. 9. DELEGATE to the General Services Director or designee, pursuant to Public Contract Code Section 4114, the Board's functions under Public Contract Code Sections 4107 and 4110 with regards to subletting and subcontracting. 10. DIRECT the Conservation and Development Director, or designee, to file a Notice of Exemption with the County Clerk, and DIRECT the Director of General Services, or designee, to arrange for the payment of the handling fees to the Department of Conservation and Development and County Clerk for filing of the Notice of Exemption. FISCAL IMPACT: Approval of this memorandum of understanding will allow the AOC to pay the County an amount not to exceed $550,000 as reimbursement for all costs (including labor and materials) incurred in the renovation of the fourth floor of the Wakefield Taylor Courthouse. BACKGROUND: On March 31, 2009, the Board of Supervisors approved a transfer of responsibility and title to the Wakefield Taylor Courthouse to the AOC, pursuant to The Trial Court Facilities Act of 2002. The County retained an equity interest in the fourth floor of the Wakefield Taylor Courthouse. Under the Equity Exchange Agreement approved by the Board of Supervisors on December 1, 2009, the County will transfer its equity interest in theWakefield Taylor Courthouse to the AOC in consideration for the Superior Court vacating the County Finance Building (625 Court Street, Martinez) and the AOC relinquishing its equity interest in the Finance Building. The Court needs to have the fourth floor renovated before it is able to vacate the Finance Building, and has asked the County to provide services needed to renovate the interior space on the 4th floor of the Wakefield Taylor Courthouse in accordance with the scope of work. This memorandum of understanding will allow the County to quickly prepare the 4th floor of the Wakefield Taylor Courthouse for occupancy by the Court. As outlined above, the County proposes to enter into a memorandum of understanding pursuant to which the AOC will pay the County to renovate the 4th floor of the Wakefield Taylor Courthouse for occupancy by the Court. The minor interior alterations will involve negligible or no expansion of use beyond the existing uses. As determined by the initial study, it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. Therefore, staff recommends that the Board find that the proposed project is categorically exempt from the provisions of CEQA pursuant to the CEQA Guidelines section 15061 (b) (3). CONSEQUENCE OF NEGATIVE ACTION: Without this memorandum of understanding, Court staff will not be able to occupy the fourth floor of the Wakefield Taylor Courthouse, thus delaying its vacancy of space in the Finance Building. CHILDREN'S IMPACT STATEMENT: ATTACHMENTS Sup Ct Notice to Proceed 4th Fl Renovation Plan Pt1 4th Fl Renovation Plan Pt2 CEQA Findings/Determination RECOMMENDATION(S): 1. AWARD a contract in the amount of $217,244 to Kel-Tec Builders, Inc. ("Kel-Tec"), Martinez, the lowest responsive and responsible bidder for the subject project, and AUTHORIZE the General Services Director, or designee, to execute the contract. 2. DETERMINE that Kel-Tec, as the lowest responsive and responsible bidder, has documented an adequate good faith effort to comply with the specifications and requirements of the County's Outreach Program. 3. AUTHORIZE the General Services Director, or designee, to exonerate any bid bond posted by the bidder after execution of the contract. 4. AUTHORIZE the General Services Director, or designee, to sign any escrow agreements prepared for this project to permit the direct payment of retentions into escrow or the substitution of securities for monies withheld by the County to ensure performance under the contract, pursuant to Public Contract Code Section 22300. 5. AUTHORIZE the General Services Director, or designee to order changes or additions to the contract work pursuant to Public Contact Code Section 20142. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Mike Lango, (925)313-7100 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: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: GSD Administration, GSD Accounting, GSD CPM Division Manager, GSD CPM Project Manager, GSD CPM Clerical, Auditor's Office, County Counsel's Office, County Administrator's Office, County Administrator's Office, Murakami/Nelson Architectural Corp. (via CPM), Kel-Tec Builders Inc. (via CPM) C.38 To:Board of Supervisors From:Michael J. Lango, General Services Director Date:December 15, 2009 Contra Costa County Subject:Award of Construction Contract for Pharmacy Area Remodel, Building One, 2500 Alhambra Avenue, Martinez (WW0689) RECOMMENDATION(S): (CONT'D) 6. DELEGATE, pursuant to Public Contract Code Section 4114, the Board's functions under Public Contract Code Sections 4107 and 4110, with regards to subletting and subcontracting, to the General Services Director, or designee. FISCAL IMPACT: The construction cost of $217,244 will be funded from the Health Services Department Enterprise Fund (EF-1), current fiscal year 2009-2010 budget. BACKGROUND: The relocation of the Antepartum Testing room from the hospital building at the Contra Costa Regional Medical Center ("CCRMC") to Building One will allow an additional labor and delivery room to be built (in the future as a separate project) in the space currently occupied by Antepartum Testing. The hospital has a shortage of labor and delivery rooms. The subject project scope involves remodeling the pharmacy area in Building One, including building a new Antepartum Testing room and support spaces. In addition, the project scope includes upgrades to the air filtration for the chemotherapy room and new emergency power backup for the medicine refrigeration equipment in the pharmacy. The project plans and specifications were previously filed with and approved by the Board of Supervisors and bids were duly invited from general contractors. Eleven bids were received and opened by the General Services Department on November 12, 2009, and the bid results are as follows: BIDDER BID Kel-Tec Builders Inc., Martinez $217,244 Murray Building Inc., Sonoma $240,000 Page Construction Company, Novato $246,583 Euro Style Management Inc., North Highlands $263,800 Eric F. Anderson Inc., San Leandro $267,332 Codding, Rohnert Park $271,000 Sausal Corporation, San Leandro $274,000 W.E. Lyons Construction, Oakland $274,986 Albay Construction, Martinez $286,000 BC Construction, Ceres $291,041 River View Construction, Inc. West Sacramento $367,700 All bids were below the architect's estimate of $574,000. Kel-Tec submitted the lowest responsive and responsible bid, which is $22,756 lower than the next lowest bid. Staff recommends that the contract be awarded to Kel-Tec. The general prevailing rates of wages, which shall be the minimum rates paid on this project, are on file with the Clerk of the Board and copies are available to any party upon request. Kel-Tec submitted its documentation of good faith efforts to comply with the specifications and requirements of the County's Outreach Program. Based on the outreach performed by Kel-Tec and the documentation submitted, staff recommends that the Board determine that Kel-Tec has documented an adequate good faith and is in compliance. CONSEQUENCE OF NEGATIVE ACTION: If the Contract is not awarded, the antepartum testing will remain in the hospital and prevent the construction of an If the Contract is not awarded, the antepartum testing will remain in the hospital and prevent the construction of an additional labor and delivery room. Without the additional labor and delivery room, the CCRMC will be unable to meet service demands. In addition, the extra space available in the pharmacy area of Building One will remain underutilized. RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to apply for and accept Contra Costa County Department of Conservation and Development, Redevelopment and Economic Development Division, Community Block Grant Program funding in an amount not to exceed $30,000 for a two-year period ($15,000 for fiscal year (FY) 2010-2011 and FY 2011 through 2012) to provide substance abuse and mental health services at the Bay Point and North Richmond Service Integration Team sites for the period July 1, 2010 through June 30, 2012. FISCAL IMPACT: If granted, County to receive $30,000 over a two (2) year period ($15,000 for FY 2010-2011 and $15,000 for FY 2011-2012) for Service Integration Team (SIT) Substance Abuse and Mental Health services at the Bay Point and North Richmond SIT sites. BACKGROUND: The Community Development Block Grant funded Substance Abuse Mental Health (SAMH) component is an integral part of the Service Integration Team (SIT) model because many of the clients served by SIT staff have mental health and/or substance abuse issues. The SAMH counselor APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Paul Buddengen, 313-1793 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: C.39 To:Board of Supervisors From:Joe Valentine, Employment & Human Services Director Date:December 15, 2009 Contra Costa County Subject:Contra Costa County Department of Conservation & Development, Redevelopment & Economic Development Division Community Development Block Grant Program BACKGROUND: (CONT'D) receives referrals from other SIT site staff, such as the CalWORKS, MediCal, Food Stamps, Employment Specialists, Children and Family Services workers, probation officers, Public Health nurses and school resource workers. Within the multidisciplinary approach, the SIT SAMH counselor provides the following services: 1. Assessment and short-term counseling; 2. Crisis intervention; 3. Clinical case management; 4. Substance abuse education; and 5. Consultation with SIT staff. The objective of the SIT SAMH services component is to help at least 70 unduplicated local residents achieve economic self-sufficiency and improved family functioning by reducing or eliminating their substance abuse and/or mental health barriers. This project employs five key strategies: 1. Inter-agency collaboration to increase the efficiency and effectiveness of service delivery; 2. Early intervention to prevent the need for more intensive, expensive and restrictive services over a long term; 3. Community based service delivery to ensure that services are accessible and help build community capacity for addressing current and future need; 4. Comprehensive integrated services based on the knowledge that the target population faces multiple barriers and that addressing this broader constellation of issues will increase chances of success; and 5. Emphasis on the family and not just the individual, in recognition that each individual exists within a broader family structure that can undermine or support the individuals's chance of success in any treatment program. CHILDREN'S IMPACT STATEMENT: The Substance Abuse and Mental Health services provided at the Bay Point and North Richmond SIT sites will support all of the community out comes established in the Children's Report Card: (1) Children Ready for and Succeeding in School; 2) Children and Youth Healthy and Preparing for Productive Adulthood; 3) Families that are Economically Self Sufficient; 4) Families that are Safe, Stable and Nurturing; and, 5) Communities that are Safe and Provide a High Quality of Life for children and Families by addressing the barriers of substance abuse and mental health and by promoting & moving families toward self sufficiency and supporting the family unit . RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to apply for and accept Contra Costa County Department of Conservation and Development, Redevelopment and Economic Development Division Community Development Block Grant funding in an amount not to exceed $30,000 for a two year period ($15,000 for fiscal year (FY) 2010-2011 and $15,000 for FY 2011 through 2012) to support the Bay Point Works Community Career Center for the period of July 1, 2010 through June 30, 2012. FISCAL IMPACT: If granted, County to receive $30,000 over a two (2) year period ($15,000 for FY 2010-2011 an $15,000 for FY 2011-2012) to support the Bay Point Works Community Career Center. BACKGROUND: The objective of the Community Development Block Grant (CDBG) funded Bay Point Works Community Center program is to help at least 140 Bay Point residents get jobs and succeed in the world of work. To meet this objective, Bay Point Works (BPW) provides community residents APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Paul Buddenhagen, 313-1793 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: C.40 To:Board of Supervisors From:Joe Valentine, Employment & Human Services Director Date:December 15, 2009 Contra Costa County Subject:Contra Costa County Department of Conservation & Developmentnt, Redevelopment & Economic Development Division, Community Development Block Grant BACKGROUND: (CONT'D) with a wide range of job related resources and services such as developing high quality resumes, offering access to internet connected computers for job searches and success to basic technology such as fax machines, printers, copiers, and telephones. The Career Center is offered as a place for employer and other agencies to do outreach and connect with potential employees. For example, the Contra Costa County Office of Education does assessment testing and intake with youth at BPW, offering them a convenient and central location to meet. Another popular service offered at the Career Center is the Volunteer Income Tax Assistance (VITA) program. Last year more than 300 people were assisted by preparing their taxes for free. Finally, responding to newly employed working poor residents who have difficulty paying for child care during school holidays YAP/gap was developed, an innovative enriched educational child care service. CHILDREN'S IMPACT STATEMENT: The Bay Point Community Career Center supports three of the five community outcomes established in the Children's Report Card: 3) Families that are Economically Self Sufficient; 4) Families that are Safe, Stable, and Nurturing; and, 5) Communities that are Safe and Provide a High Quality of Life for Children and Families by assisting individuals in obtaining and maintaining employment and by encouraging and supporting self sufficiency. RECOMMENDATION(S): APPROVE and AUTHORIZE the County Clerk-Recorder, or designee, to execute a contract and subsequent addendums to said contract with the Secretary of State for reimbursement with Federal Help America Vote Act (HAVA) grant funds of costs incurred for participating in activities necessary to deploy VoteCal, the statewide voter registration data base system, for the period January 1, 2010 through December 31, 2011. FISCAL IMPACT: There is no County match required for these grant funds. BACKGROUND: The County Clerk-Recorder has received a contract to allow reimbursement of county costs incurred for the first group of activities under the State VoteCal Project. This contract will cover only the initial county expenses, up to $19,594.87. The contract also describes a number of VoteCal reimbursable activities that will follow. It is the Secretary of State's intent to amend this contract to add funding for the other APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Candy Lopez 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: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: Debi Cooper, Candy Lopez, Jeanine Mangewala C.41 To:Board of Supervisors From:Stephen L. Weir, Clerk-Recorder Date:December 15, 2009 Contra Costa County Subject:APPROVE and AUTHORIZE the County Clerk-Recorder, or designee, to execute a Help America Vote Act (HAVA) grant funds contract for VoteCal activities BACKGROUND: (CONT'D) activities as the VoteCal Project progresses and the level of each county’s required participation is determined. Every contract with the State requires documentation of the authorization by the County Board of Supervisors to enter into the contract. The initial contract and any amendment to the contract cannot be fully executed until such documentation is received by the Secretary of State. It is requested that the Board of Supervisors approve the County Clerk-Recorder, or designee, to sign the contract and future amendments not to exceed a total of $100,000 relating to VoteCal activities, as described in the contract. This advance approval for the addendums will facilitate the process and insure that the County does not miss the opportunity to be reimbursed for county-incurred expenses as the project progresses. CONSEQUENCE OF NEGATIVE ACTION: The County will miss the opportunity to be reimbursed for County-incurred expenses as the State VoteCal Project progresses. VoteCal activities will proceed on schedule whether the contract for reimbursement has been completed or not. Reimbursement cannot be made for expenses incurred outside of the effective dates of the contract and subsequent addendums. CHILDREN'S IMPACT STATEMENT: ATTACHMENTS HAVA contract RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee (Wendel Brunner, MD) to execute,on behalf of the County, Novation Contract #28–644–8 with Golden Rain Foundation of Walnut Creek, a non-profit corporation, to pay County an amount not to exceed $13,400, to provide congregate meal services for County’s Senior Nutrition Program, for the period from July 1, 2009 through June 30, 2010. This Contract includes a three-month automatic extension through September 30, 2010, in an amount not to exceed $3,350. FISCAL IMPACT: No County funds required. BACKGROUND: This Contract meets the social needs of County’s population by providing an average of 190 congregate meals per week for senior citizens at its Congregate Senior Nutrition site at the Golden Rain Dining Room in Walnut Creek. On July 27, 2008, the Board of Supervisors approved Novation Contract #28 644 7 with Golden Rain Foundation of Walnut Creek, for the period from July 1, 2008 through June 30, 2009, which included a three-month APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Wendel Brunner, MD 313-6712 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: L Smith, B Borbon C.42 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 15, 2009 Contra Costa County Subject:Novation Contract #28–644–8 with Golden Rain Foundation of Walnut Creek BACKGROUND: (CONT'D) automatic extension through September 30, 2009, for the provision of congregate meal services for County’s Senior Nutrition Program. Approval of Novation Contract #28 644 8 replaces the automatic extension under the prior Contract and allows Contractor to continue providing services through June 30, 2010. RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to apply for and accept a grant from the California Department of Boating and Waterways Equipment grant in an amount not to exceed $36,000 for the purchase of equipment in the Marine Patrol Unit for the period July 1, 2009 through September 30, 2010. FISCAL IMPACT: No net County costs. $36,000 in new revenue; 100% State. BACKGROUND: The California Department of Boating and Waterways (DBW) is prepared to award an equipment grant to the Office of the Sheriff to increase the Sheriff's Marine Patrol capabilities. The grant funds shall be used to purchase a marine radar/GPS system for a Sheriff's patrol vessel, a marine thermal imaging (FLIR) system for a Sheriff's patrol vessel, U.S. Coast Guard approved personal flotation devices for marine enforcement personnel and replacement sponsons (vessel shell) for the Sheriff's Marine Patrol rigid hull inflatable patrol vessel. The increased capabilities APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Eileen Devlin, (925) 335-1557 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: C.43 To:Board of Supervisors From:Warren Rupf, Sheriff-Coroner Date:December 15, 2009 Contra Costa County Subject:California Department of Boating and Waterways Equipment Grant BACKGROUND: (CONT'D) available through this grant will provide the necessary equipment to maintain maritime patrol and response, and thus protect life and property on the waterways within Contra Costa County. DBW recognizes the critical importance of the Marine Patrol boating safety and enforcement mission within Contra Costa County. No matching fund requirement exists. 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. RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to apply for and accept a grant from the California Department of Boating and Waterways in an amount not to exceed $100,000 for the abatement of abandoned vessels on County waterways for the period November 1, 2009 through October 31, 2010. FISCAL IMPACT: $100,000; 90% State, 10% County. County match will come from existing appropriations in the Office of the Sheriff operating budget. BACKGROUND: The California Department of Boating and Waterways (DBW) is prepared to award an Abandoned Watercraft Abatement Program 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 numerous 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: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Eileen Devlin, (925) 335-1557 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: C.44 To:Board of Supervisors From:Warren Rupf, Sheriff-Coroner Date:December 15, 2009 Contra Costa County Subject:California Department of Boating and Waterways Abandoned Watercraft Abatement Program 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. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee (Wendel Bruner, M.D.), to execute, on behalf of the County, Grant Award #28-807 (#65053) from the San Francisco Foundation, a non-profit corporation, to pay the County an amount not to exceed $30,000, for the Family Maternal and Child Health Program, Building Economic Security Today (BEST) Project, for the period from December 1, 2009 through November 30, 2010. FISCAL IMPACT: Approval of this Grant Award will result in $30,000 from the San Francisco Foundation for the County’s Family Maternal and Child Health Program (FMCH), Building Economic Security Today (BEST) project. BACKGROUND: In 2005, the FMCH Program launched the Building Economic Security Today (BEST) Project. It was designed to reduce disparities in birth outcomes, change the health of a general and bring about a paradigm shift in the planning, delivery, and evaluation of maternal, child, and adolescent health services . (BEST) is an asset development pilot project that utilizes innovative APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Wendel Brunner, M.D. 313-6712 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: J Pigg, B Borbon C.45 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 15, 2009 Contra Costa County Subject:Grant Award #28-807 from San Francisco Foundation BACKGROUND: (CONT'D) strategies to reduce disparities and inequities in health outcomes for low-income Contra Costa Families by improving their financial security and stability, for this and future generations. The goal of the project will provide one-on-one support to families in all of FMCH home visiting programs, financial education classes for WIC clients, and asset development educational materials and referrals for all clients. Approval of this Grant Award #28-807 will provide funding for this project to allow FMCH to train staff to deliver BEST services to home visiting and WIC clients in Richmond and East Contra Costa County, including agreeing to indemnify and hold the Grantor harmless for claims arising out of the County’s performance under this Agreement. RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to enter into contracts, including mutual indemnification, with the following agencies to pay the County up to the amounts listed for evidence storage services for the period January 1, 2010 through December 31, 2010: Agency Payment Limit Contra Costa Central Narcotics Enforcement Team $15,000 Contra Costa West Narcotics Enforcement Team $15,000 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 5-1553 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: C.46 To:Board of Supervisors From:Warren Rupf, Sheriff-Coroner Date:December 15, 2009 Contra Costa County Subject:Evidence Storage Agreements with Contra Costa Central and West Narcotics Enforcement Teams FISCAL IMPACT: $30,000 Revenue; Budgeted. Each contract will provide up to $15,000 for a total of $30,000. BACKGROUND: The Office of the Sheriff-Coroner's Property and Evidence Unit provides storage and disposal of evidence, seizures, and found property for the Contra Costa Central Narcotics Enforcement Team (C-NET) and the Contra Costa West Narcotics Enforcement Team (W-NET). The Property and Evidence Unit assists with the intake of evidence, the transfer of evidence to the court and the forensics laboratory, as well as requests to view evidence by prosecution and defense teams. Evidence is stored as required by the Department of Justice. The contracts include a mutual indemnification clause between the parties that has been reviewed and approved by County Counsel. CONSEQUENCE OF NEGATIVE ACTION: Evidence currently being stored by County will need to be transferred to another facility resulting in the delay in processing forensics and raise chain-of-custody concerns that may slow cases at trial and slow investigations. Loss of revenue. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee (Wendel Brunner, M.D.), to execute, on behalf of the County, Agreement #28-700-8 (State #EPO P3-08) with the California Department of Public Health, to pay the County an amount not to exceed $1,641,903 for the Public Health Emergency Preparedness Comprehensive Program, Public Health Emergency Response (PHER), Phase three (3), for the period from July 31, 2009 through July 30, 2010. FISCAL IMPACT: Approval of this Agreement will result in $1,641,903 of funding for the Public Health Emergency Preparedness Response Program. No County funds are required. BACKGROUND: On November 3, 2009, the Board of Supervisors approved Agreement #28-700-7 with the California Department of Public Health to fund multiple Public Health Emergency Preparedness activities including, but not limited to, the Centers for Disease Control (CD) preparedness activities, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Wendel Brunner, M.D. 313-6712 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: J Pigg, B Borbon C.47 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 15, 2009 Contra Costa County Subject:Agreement #28-700-8 with the California Department of Public Health BACKGROUND: (CONT'D) the Cities Readiness Initiative (CRI) activities, Pandemic Influenza preparedness and ASPR Hospital Preparedness Program activities, for the County’s Public Health Emergency Preparedness Response Program, Phase one (1) and Phase two (2) through August 9, 2010. Recently in November of 2009, the County Public Health Division was notified by the California Department of Public Health of additional funds to be used to respond to the Phase three (3) of the H1N1 pandemic flu outbreak in Contra Costa County. Approval of this Agreement #28-700-8 will provide additional funds for the PHER, to address gaps in capabilities for the H1N1 mass vaccination program and support activities related to implementation of the mass vaccination program, through July 30, 2010. RECOMMENDATION(S): ADOPT Resolution No. 2009/581 authorizing the Sheriff-Coroner, or designee, to accept additional grant funding for the State of California, 2007 Buffer Zone Protection Program (BZPP) grant in an amount not to exceed $63,050 to build security and risk management capabilities enhancing the security of California water systems for the period of January 1, 2008 through January 31, 2010. FISCAL IMPACT: No net County costs. Revenue; 100% Federal; $63,050. The Buffer Zone Protection Program grant is a State pass-through of Federal funding. (CFDA #97.078) BACKGROUND: On June 5, 2007 (Item C.57), the Board of Supervisors approved and authorized the Sheriff-Coroner, or designee, to apply for and accept this grant in the amount of $192,500 from the State of California. The grant was awarded at a reduced amount of $182,875. The State is prepared to augment the Buffer Zone Protection Program (BZPP) grant for equipment purchases and training APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Eileen Devlin, (925) 335-1557 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: C.48 To:Board of Supervisors From:Warren Rupf, Sheriff-Coroner Date:December 15, 2009 Contra Costa County Subject:Resolution No. 2009/581 2007 Buffer Zone Protection Program Grant Augmentation BACKGROUND: (CONT'D) or planning activities that are designed to protect our State's water systems. The revised total of the 2007 BZPP allocation provided to the County by the U.S. Department of Homeland Security and sub-granted through the State of California is $245,925. The attached Resolution is to comply with specific State of California reequirements for Governing Body authorization. ATTACHMENTS Resolution No. 2009/581 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/15/2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSE: Resolution No. 2009/581 IN THE MATTER OF: The 2007 Buffer Zone Protectrion Program (BZPP) Grant WHEREAS, this Resolution approves an augmentation of grant funding in the amount of $63,050 from the State of California; NOW, THEREFORE, BE IT RESOLVED that Warren E. Rupf, Sheriff-Coroner, or Eileen Devlin, Sheriff's Chief of Management Services, is hereby authorized to execute for and on behalf of Contra Costa County, a public entity established under the laws of the State of California, any actions pertaining to this grant award augmentation. BE IT FURTHER RESOLVED that this grant award augmentation requires no match of any kind from Contra Costa County. Contact: Eileen Devlin, (925) 335-1557   I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors   By: , Deputy cc: RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee (Randy Sawyer) to execute on behalf of the County, Grant Agreement (Amendment) #28-313-2 with the California Environmental Protection Agency, effective January 1, 2010, to increase payment to County by $10,281, from $95,874, to a new total not to exceed $106,155, for the continuation of County’s Health Services Hazardous Materials, Aboveground Petroleum Storage Act Program, and to extend the term of the agreement from March 1, 2010 through May 1, 2011. FISCAL IMPACT: Approval of this grant will result in an increase in amount not to exceed $10,281, for the County’s Aboveground Petroleum Storage Act Program. No County match is required. BACKGROUND: Contra Costa Health Services, Hazardous Materials Programs is the Certified Unified Program Agency (CUPA) for Contra Costa County. In collaboration with the California Environmental Protection Agency, the Contra Costa County’s Health Services Certified Unified Program APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Randy Sawyer 646-2886 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: J. Pigg, B. Borbon C.49 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 15, 2009 Contra Costa County Subject:Grant Agreement (Amendment) #28-313-2 with the California Environmental Protection Agency BACKGROUND: (CONT'D) Agency (CUPA) and the State Water Resources Control Board staff, through two Aboveground Petroleum Storage Act (APSA) work groups, has determined the process and formula for allocating the moneys from the Environmental Protection Trust Fund to the CUPA’s. On June 3, 2008, the Board of Supervisors approved Grant Agreement #28-313-1 with the California Environment Protection Agency to fund County’s Hazardous Materials Program, to set up and implement the APSA Program throughout Contra Costa County regulated businesses and sites, including but not limited to inspections and compliance with all program requirements, training on policies, checklist, questionnaires, violations, quality contract process and enforcement guidelines, through March 1, 2010. Approval of Grant Agreement #28-313-2 will allow the County to continue the Aboveground Petroleum Storage Act Program through May 1, 2011. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee (Wendel Brunner, MD), to execute, on behalf of the County, Interagency Agreement #28-809 (#10–527) with the First 5 Contra Costa Children and Families Commission, to pay County an amount not to exceed $12,000, for the Family, Maternal & Child Health (FMCH) Program, “Bridges to Care Project”, for the period from October 5, 2009 through June 30, 2010. FISCAL IMPACT: This agreement will result in $12,000 from the First 5 Contra Costa Children and Families Commission for FMCH “Bridges to Care Project”. No County funds are required. BACKGROUND: Proposition 10 was passed in 1998 by California voters. On June 15, 1999, the Contra Costa County Board of Supervisors established the First 5 Contra Costa Children and Families Commission to implement the provisions of Proposition 10 (Ordinance 99-15). The purpose of this Ordinance is to support local programs and services designed to help children ages 0-5 reach their APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Wendel Brunner, M.D. (313-6712) I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: J. Pigg, B. Borbon C.50 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 15, 2009 Contra Costa County Subject:Interagency Agreement #28-809 with the First 5 Contra Costa Children and Families Commission BACKGROUND: (CONT'D) greatest potential in school and life through the development of a seamless, comprehensive system of information and services. Approval of this Agreement #28-809 will allow funding to support outreach and distribute materials for Bridges to Care Project for pregnant women through June 30, 2010. RECOMMENDATION(S): ADOPT Resolution No. 2009/582 approving and authorizing the Sheriff-Coroner, or designee, to apply for and accept the 2008 Buffer Zone Protection Program (BZPP) grant from the State of California in an amount not to exceed $207,834 to build security and risk management capabilities enhancing the security of California water systems for the period of January 1, 2009 through March 31, 2011. FISCAL IMPACT: No net County costs. New revenue of $207,834, 100% Federal. The Buffer Zone Protection Program grant is a State pass-through of Federal funding. (CFDA #97.078) BACKGROUND: The State of California is prepared to award the 2008 Buffer Zone Protection Program (BZPP) grant to the County for equipment purchases and related equipment training or planning activities that are designed to protect California's 1,200 miles of publicly and privately-owned water conveyance systems and related assets. 2008 BZPP funding will enable the Sheriff-Coroner APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Eileen Devlin, (925) 335-1557 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: C.51 To:Board of Supervisors From:Warren Rupf, Sheriff-Coroner Date:December 15, 2009 Contra Costa County Subject:Resolution No. 2009/582 2008 Buffer Zone Protection Program Grant BACKGROUND: (CONT'D) to implement significant improvements, enhancements, and modernization of equipment and technologies that are fundamental to the protection of California's water resources. The total allocation provided to the County by the U.S. Department of Homeland Security and sub-granted through the State of California is $207,834. The attached Resolution is to comply with specific State of California requirements for Governing Body authorization. ATTACHMENTS Resolution No. 2009/582 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/15/2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSE: Resolution No. 2009/582 IN THE MATTER OF: The 2008 Buffer Zone Protection Program (BZPP) Grant WHEREAS, this Resolution approves an application for funding and authorizes the execution of a grant award in the amount of $207,834 and any amendments thereto, with the State of California, for the 2008 Buffer Zone Protection Program grant; NOW, THEREFORE, BE IT RESOLVED that Warren E. Rupf, Sheriff-Coroner, or Eileen Devlin, Sheriff's Chief of Management Services, is hereby authorized to execute for and on behalf of Contra Costa County, a public entity established under the laws of the State of California, any actions pertaining to this grant award. BE IT FURTHER RESOLVED that this grant award requires no match of any kind from Contra Costa County. Contact: Eileen Devlin, (925) 335-1557   I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors   By: , Deputy cc: RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee (Wendel Brunner, MD), to execute, on behalf of the County, Grant Award Agreement #28-810 with Education, Training, and Research Associates, to pay County an amount not to exceed $35,000, for the Family, Maternal & Child Health (FMCH) Program, “Working to Institutionalize Sexuality Education Project”, for the period from September 25, 2009 through August 31, 2011. FISCAL IMPACT: This agreement will result in $35,000 from the Education, Training, and Research Associates, for FMCH “Working to institutionalize Sexuality Project”. No County funds are required. BACKGROUND: The County’s Health Services Family, Maternal & Child Health Programs in collaboration with Education, Training, and Research Associates, West Contra Costa Unified School District, and Mt Diablo Unified School District are working together to develop a comprehensive sexuality education program for youth in Contra Costa County. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Wendel Brunner, M.D. 313-6712 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: J. Pigg, B. Borbon C.52 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 15, 2009 Contra Costa County Subject:Grant Award Agreement #28-810 with the Education, Training, and Research Associates BACKGROUND: (CONT'D) Approval of this Grant Award Agreement #28-810 will allow FMCH to assess youth within Contra Costa County to be served, establish program goals and education protocols for both school districts, and develop and deliver training program, and develop and deliver a training of educators, through August 31, 2011. RECOMMENDATION(S): APPROVE and AUTHORIZE the County Administrator, or designee, to execute contracts totaling $210,000 with the following agencies for the County Dispute Resolution Program for the calendar year 2010: Agency Amount Center for Human Development General Dispute Resolution $55,000 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Tim Ewell, 335-1036 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair , Deputy cc: N. Patel, Auditor-Controller C.53 To:Board of Supervisors From:David Twa, County Administrator Date:December 15, 2009 Contra Costa County Subject:CY 2010 COUNTY DISPUTE RESOLUTION PROGRAM CONTRACTS RECOMMENDATION(S): (CONT'D) Guardianship Mediation $47,500 Sub-Total $102,500 Congress of Neutrals General Dispute Resolution $12,500 Small Claims/Unlawful Detainer/ Civil Harassment Mediation $95,000 Sub-Total $107,500 2010 Program Total $210,000 FISCAL IMPACT: $210,000; 100% Restricted Dispute Resolution funds; Budgeted. No Net County Costs. Program costs offset by $8.00 filing fee on civil actions filed in the Superior Court. BACKGROUND: The Dispute Resolution Program Act of 1986 (Business and Professional Code Sections 465, et seq.) provided for the establishment and funding, at County option, of local dispute resolution services as an alternative to formal court proceedings. The Act authorized participating counties to increase Superior, Municipal and Justice Courts filing fees from one to three dollars for the purpose of funding local dispute resolution programs. On January 1, 1987, the Board approved the County’s participation in the program and authorized a three dollar increase in court filing fees. The Dispute Resolution Advisory Committee was created by the Board to consider implementation strategies and funding guidelines appropriate for Contra Costa County. From 1989 through 1998, the Advisory Committee solicited proposals for funding under the Dispute Resolution Programs Act of 1986. The purpose of the funding is to encourage the establishment and use of local dispute resolution services as an alternative to formal Court proceedings. The program operates under the provisions of the Dispute Resolution Programs Act. In 1998, the State updated the California Dispute Resolution Program Act and authorized counties to allocate up to $8.00 from filing fees to generate new revenues for these local programs. Effective January 1, 1999, the dispute resolution portion of the civil filing fee in Contra Costa County increased from $3.00 to $8.00. The increase was approved by the Board of Supervisors pursuant to a request by the Superior Court. The Dispute Resolution Advisory Committee received two applications in response to a Request for Proposals (RFP) issued on October 31, 2008 for two calendar years (2009 & 2010). The Committee met on December 5, 2008, to consider the funding and program composition of the County’s dispute resolution programs and voted to fund both agencies at the levels described below. The following is a brief description of each program: Center for Human Development - $102,500 General Dispute Resolution – Community Mediation Project will provide mediation and conciliation to landlords and tenants, consumers and merchants, neighbors, public agencies, citizen groups, families, animal disputes, family transition, and organizations. Specialty services include group facilitation, mediator training, real estate mediation, conflict resolution skills training for agencies, and business mediation and consultation. ($55,000) Guardianship Mediation will continue to offer mediation services with a panel of two mediators to clients referred by the Courts for resolution of child custody and visitation issues in Guardianship Matter. Mediations will be held in the Martinez Family Law Building. Services include referral, telephone conciliation, and mediation. ($47,500) Congress of Neutrals - $107,500 General Dispute Resolution – Self Represented Litigants (SRL) Mediation will provide certified law student and volunteer mediators to assist the Small Claims Advisor in the community to provide information, assistance and case development for mediation and Alternative Dispute Resolution in the community, and where requested, to provide mediations for said litigants. In 2010, this program will continue to work with court officers in Civil and Limited Civil hearings to offer dispute resolution services prior to the beginning of hearings. ($12,500) Small Claims/Civil Harassment/Unlawful Detainer Mediation for all branches of the Superior Court; to improve court efficiency; assist court staff and reduce court caseload. Introduce disputants to the principles of conciliation and negotiated settlement; mediations will be done at the court, prior to the court hearing and/or on the day of the court hearing. The Congress will recruit and train community volunteers, certified law students and attorneys as mediators. This project will continue the Superior Court’s high quality of Alternative Dispute Resolution and conflict management programs. ($95,000) CONSEQUENCE OF NEGATIVE ACTION: CHILDREN'S IMPACT STATEMENT: RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute a purchase order with McCain Traffic Supply to purchase and install 36 traffic controllers for the Town of Danville. FISCAL IMPACT: The estimated cost of $350,000 will be paid by the Town of Danville. BACKGROUND: The General Services Department provides traffic signal maintenance to the Town of Danville and has been asked to replace 36 traffic controllers. Six companies responded to the competitively bid solicitation with bids ranging between $8,811 to $18,720 per controller. McCain Traffic Supply was determined to be the lowest responsible bidder as noted in the following bid tabulation. Vendor APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 313-7120 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: Becky Eaton, Barbara Hodges, Barbara Riveira C.54 To:Board of Supervisors From:Michael J. Lango, General Services Director Date:December 15, 2009 Contra Costa County Subject:Approval of Purchase Order for Traffic Controllers for the Town of Danville BACKGROUND: (CONT'D) Unit Price McCain, Inc.$8,811 Econolite 9,548 Western Systems Inc.11,987 JAM Services 13,890 Western Pacific Signal, LLC 16,820 Traffic Parts, Inc.18,720 In accordance with Administrative Bulletin No. 611, County Departments are required to get Board approval for single item, integrated systems or single product purchases over $100,000. The County Administrator's Office has reviewed this request and recommends approval. CONSEQUENCE OF NEGATIVE ACTION: Replacement of the traffic signal controllers is required by the Town of Danville. If the controllers are not replaced, the traffic signals may not operate effectively and jeopardize public safety. RECOMMENDATION(S): APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract extension agreement with AtPac, Inc. for the Social Security Number Truncation Program back conversion to extend the contract end date from December 31, 2009 to December 31, 2010. FISCAL IMPACT: There is no change in the contract limits. The program is funded by the dedicated (non general fund) Recorder Redaction Program. BACKGROUND: SB 1168 requires the County Recorder to create a public record wherein only the last four digits of a social security number are displayed. The first five digits of a social security number must be redacted. The bill requires the County Recorder to handle this redaction in descending chronological order from January 1, 1980 through December 31, 2008. This extends the contract term to allow for the continuation of the descending chronological order back conversion of the social security number truncation program. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Barbara Chambers 335-7919 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: C.55 To:Board of Supervisors From:Stephen L. Weir, Clerk-Recorder Date:December 15, 2009 Contra Costa County Subject:Social Security Number Truncation Program Extenstion of contract CONSEQUENCE OF NEGATIVE ACTION: Failure to continue with the back conversion redaction of the Social Security Number Truncation Program will cause Contra Costa County to not be in compliance with the law and could leave the County open to legal action. ATTACHMENTS SS # Truncation - Extension RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent to execute a purchase order with CompuCom Systems, Inc., on behalf of the Employment and Human Services Department, Information Technology Unit, in the amount of $556,399.27 for the third installment of the Microsoft Enterprise Agreement Renewal for 2009. FISCAL IMPACT: $556,399.27: 11% County Funding; 89% State Funding BACKGROUND: The Employment and Human Services Department, Information Technology Unit (IT), purchases the license to use Microsoft software to operate department computer systems. This renewal is necessary for the department to continue using Microsoft software. In accordance with Administrative Bulletin No. 611.0, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 925.313.1648 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: David Eisenlohr, Michael Roetzer, Earl Maciel C.56 To:Board of Supervisors From:Joe Valentine, Employment & Human Services Director Date:December 15, 2009 Contra Costa County Subject:Authorize Purchasing Agent to Execute Purchase Order BACKGROUND: (CONT'D) County Departments are required to get Board approval for single item purchases of $100,000. RECOMMENDATION(S): AMEND Board action of October 6, 2009 (Item C.47), which authorized the Purchasing Agent to execute a purchase order with Sharp Business Systems, to change the Vendor to include Leasesource Financial Service Inc. as equipment financier and to change the term to read for a period of forty-eight months commencing with the execution of Lease Agreement documents with no change in the payment limit of $3,800,000. FISCAL IMPACT: $3,800,000: Administrative overhead (20% County; 40% State; 40% Federal) BACKGROUND: The Board order, as originally written, did not include the vendor providing equipment financing. The purpose of this amendment is to include Leasesource Financial Services, Inc., as equipment financier. The lease agreement documentation states that Leasesource Financial Services, Inc., will assign all rights, title, and interest in the lease agreement to West America Bank, the parent company of Leasesource Financial Services, Inc. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 925.313.1648 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: Larry Jones, Michael Roetzer, Earl Maciel C.57 To:Board of Supervisors From:Joe Valentine, Employment & Human Services Director Date:December 15, 2009 Contra Costa County Subject:Amend Board Action of October 6, 2009, Item #C.47. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee (Patrick Godley), to execute, on behalf of the County, Contract #23–399–6 with Intratek Computer, Inc., a corporation, in an amount not to exceed $260,000, to provide hardware and software support services, for the period from January 1, 2010 through December 31, 2010. FISCAL IMPACT: This Contract is funded 100% by Enterprise Fund I. BACKGROUND: On December 16, 2008, the Board of Supervisors approved Contract #23–399–5 with Intratek Computer, Inc., for the period from January 1, 2009 through December 31, 2009, for the provision of ergonomic hardware and software services, routine maintenance on the Department’s scanners and printers, and technical assistance with the Department’s LANDesk® software. Approval of Contract #23–399–6 will allow the Contractor to continue providing services through December 31, 2010. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes:Speaker: Rollie Katz, Public Employees' Union, Local 1. VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patrick Godley 957-5410 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: L Smith, B Borbon C.58 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 15, 2009 Contra Costa County Subject:Contract #23–399–6 with Intratek Computer, Inc. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee (Haven Fearn), to execute, on behalf of the County, Contract Amendment Agreement #24–535–30 with Discovery Counseling Center of the San Ramon Valley, Inc., a non-profit corporation, effective November 1, 2009, to amend Contract #24–535–29, to increase the payment limit by $35,000, from $84,988 to a new payment limit of $119,988, with no change in the original term of July 1, 2009 through June 30, 2010. FISCAL IMPACT: This Contract is funded 100% by Federal Substance Abuse Prevention and Treatment. BACKGROUND: In July 2009, the County Administrator approved, and the Purchasing Services Manager executed Contract #24–535–29 with Discovery Counseling Center of the San Ramon Valley, Inc. for the period from July 1, 2009 through June 30, 2010, for the provision of alcohol and drug abuse prevention services. Approval APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Haven Fearn 313-6350 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: L Smith, B Borbon C.59 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 15, 2009 Contra Costa County Subject:Amendment #24–535–30 with Discovery Counseling Center of the San Ramon Valley, Inc. BACKGROUND: (CONT'D) of Contract Amendment Agreement #24–535–30 will allow the Contractor to provide additional hours of prevention services through June 30, 2010. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee (Donna Wigand), to execute, on behalf of the County, Novation Contract #24–385–34 with Anka Behavioral Health, Incorporated, a non-profit corporation, in an amount not to exceed $801,802, to provide mental health outreach services for the homeless mentally ill for the period from July 1, 2009 through June 30, 2010. This Contract includes a six-month automatic extension through December 31, 2010, in an amount not to exceed $400,901. FISCAL IMPACT: This Contract is funded 51% by Federal FFP Medi-Cal, 35% by Substance Abuse/Mental Health Services Act (SAMHSA), and 15% by a Project for Assistance in Transition from Homelessness (PATH) Grant. BACKGROUND: This Contract meets the social needs of County’s population by providing ongoing operational funding for mental health homeless outreach facilities in West, Central, and East County. On January 27, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Donna Wigand 957-5111 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: L Smith, B Borbon C.60 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 15, 2009 Contra Costa County Subject:Novation Contract #24–385–34 with Anka Behavioral Health, Incorporated BACKGROUND: (CONT'D) 2009, the Board of Supervisors approved Novation Contract #24–385–33 with Anka Behavioral Health, Incorporated, for the period from July 1, 2008 through June 30, 2009, which included a six-month automatic extension through December 31, 2009, for the provision of mental health outreach services for the homeless mentally ill. Approval of Novation Contract #24–385–34 replaces the automatic extension under the prior Contract and allows the Contractor to continue providing services through June 30, 2010. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee (Donna Wigand), to execute, on behalf of the County, Contract #74–338–1 with Uzma Anwer, MD, a self-employed individual, in an amount not to exceed $156,250, to provide psychiatric services, for the period from January 1, 2010 through December 31, 2010. FISCAL IMPACT: This Contract is funded 100% by County Mental Health Realignment. BACKGROUND: For a number of years the County has contracted with Medical, Dental and Mental Health Specialists to provide specialized professional services, which are not otherwise available. On March 17, 2009, the Board of Supervisors approved Contract #74–338 with Uzma Anwer, MD, for the period from March 1, 2009 through December 31, 2009, for the provision of psychiatric services to Seriously and Persistently Mentally Ill (SPMI) adults in East Contra Costa County. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Donna Wigand 957-5111 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: L Smith, B Borbon C.61 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 15, 2009 Contra Costa County Subject:Contract #74–338–1 with Uzma Anwer, MD BACKGROUND: (CONT'D) Approval of Contract #74–338–1 will allow Contractor to continue providing services through December 31, 2010. RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to enter into a contract amendment with Behavioral Interventions, Inc. increasing the payment limit by $191,000 from $342,600 to a new payment limit of $533,600 and expand the scope of services to include electronic home detention equipment with cellular connect-ability with no change to the contract term. FISCAL IMPACT: No net County Costs, 100% Participant fees. BACKGROUND: On June 26, 2007 the Board of Supervisors authorized the Sheriff-Coroner to enter into a contract with Behavioral Interventions, Inc. (Item C.155) in an amount not to exceed $310,600 for electronic home detention (EHD) monitoring services for the period June 25, 2007 through June 30, 2010. Since that time, the Board has authorized the Sheriff-Coroner to amend the contract on two occasions; once on July 8, 2008 (Item C.92) increasing the payment limit by $32,000 to $342,600 and adding new products to the list of available EHD systems and once on April 21, 2009 (Item APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Eileen Devlin, 925-335-1557 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: Eileen Devlin, Todd McCown, Karen Todd C.62 To:Board of Supervisors From:Warren Rupf, Sheriff-Coroner Date:December 15, 2009 Contra Costa County Subject:Electronic Home Detention Equipment BACKGROUND: (CONT'D) C.60) adding new products to the list of available EHD systems. Due to the increase in the number of inmates participating in the Electronic Home Detention Program, the Sheriff-Coroner is requesting a third amendment increasing the payment limit by $191,000 to a new payment limit of $533,600. In addition the proposed amendment would add the HomeGuard Digital Cell Unit (HG206) to the EHD systems available to the department through this contract. Currently, a land-line must be used in conjunction with EHD equipment; however, increased use of cellular phones has resulted in the need for more contemporary EHD systems. The equipment described above will allow the department more flexibility in EHD monitoring options. Two spare units will be provided at no charge. CONSEQUENCE OF NEGATIVE ACTION: Negative action will result in the Sheriff’s Office having to put inmates on active global positioning system monitoring at a higher unit cost or keep inmates in physical custody at a substantial County expense. RECOMMENDATION(S): AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department, to purchase nine (9) G.E. Giraffe Infant Warmers from GE Healthcare, Inc. in the amount of $158,293.42, for use at Contra Costa Regional Medical Center (CCRMC) Labor and Delivery Unit. FISCAL IMPACT: 100% Funded by Enterprise Fund I Budget. BACKGROUND: CCRMC's current nine (9) Hill Rom Stabilet Infant Warmers are subject to an FDA Class 1 medical device recall. An Infant Warmer is a microprocessor-controlled device intended to supply supplementary heat to a newborn neonate. A class 1 recall is the most serious type of FDA recall and involves situations in which there is a reasonable probability that use of these products will cause serious injury or death. GE and Drager are the leading infant warmer manufacturers in the US. The CCRMC Labor and Delivery Dept. (L&D) attempted to trial both vendors’ products but Drager was unable to provide a loaner to trial. L&D did trial GE’s Giraffe infant warmer and the clinical staff found it met and exceeded expectations. As Drager was unable to support us in a trial the clinical staff decided to choose the GE Giraffe unit for purchase. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Anna Roth, 370-5101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: Tasha Scott, Barbara Borbon, Dave Duet C.63 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 15, 2009 Contra Costa County Subject:Purchase of Infant Warmers for Labor and Delivery and Nursery Department of Contra Costa Regional Medical Center RECOMMENDATION(S): AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department, to execute Maintenance Agreement with GE Healthcare, Inc. in the amount of $443,827 to provide service and maintenance for imaging systems at Contract Costa Regional Medical Center, Richmond Health Center and Pittsburg Health Center, for the period from December 1, 2009 through November 30, 2013. FISCAL IMPACT: 100% Enterprise Fund I. BACKGROUND: This service/maintenance agreement is a renewal of the existing agreement. The existing agreement expires as of November 30, 2009. GE Healthcare, Inc.l has been the primary service/maintenance provider for our imaging systems. GE service engineers provide specific and specialized knowledge and training in the care of the imaging systems at our facilities. The technology involved with these systems requires specialized service engineers to support the systems' operations. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Anna Roth, 370-5101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: Tasha Scott, Barbara Borbon, Darrell Williams C.64 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 15, 2009 Contra Costa County Subject:Maintenance Agreement with GE Healthcare, Inc. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute on behalf of the County, Contract #26-294-22 with Staff Care, Inc., a corporation, in an amount not to exceed $850,000, to provide temporary physician services for Contra Costa Regional Medical Center and Contra Costa Health Centers, for the period from January 1, 2010 through December 31, 2010. FISCAL IMPACT: Funding for this Contract is 100% Enterprise Fund I included in the Health Services Departments Budget. As appropriate, patients and/or third-party payors will be billed for services. BACKGROUND: For many years, the County has contracted with registries to provide temporary qualified personnel to assist the Department during peak workloads, temporary absences and emergency situations. On December 9, 2008, the Board of Supervisors approved Contract #26-294-21 with Staff Care, Inc., for the period APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Steven Tremain, 370-5122 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: Tasha Scott, Barbara Borbon C.65 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 15, 2009 Contra Costa County Subject:Contract #26-294-22 with Staff Care, Inc. BACKGROUND: (CONT'D) from January 1, 2009 through December 31, 2009, to provide locum tenens physicians to work as temporary employees to provide vacation, sick leave, and extended leave relief for County-employed physicians at Contra Costa Regional Medical Center and Contra Costa Health Centers. Approval of Contract #26-294-22 will allow the Contractor to continue to provide temporary physician services, through December 31, 2010. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #26-429-16 with Jackson & Coker LocumTenens, LLC, a limited liability company, in an amount not to exceed $250,000, for the provision of temporary help physicians for Contra Costa Regional Medical Center and Contra Costa Health Centers and the County’s Main Detention Facility, for the period from January 1, 2010 through December 31, 2010. FISCAL IMPACT: This Contract is funded 100% by Enterprise Fund I. BACKGROUND: For many years, the County has contracted with registries to provide temporary qualified personnel to assist the Department during peak work loads, temporary absences and emergency situations. On January 6, 2009, the Board of Supervisors approved Contract #26-429-15 with Jackson & Coker LocumTenens, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Steven Tremain, 370-5122 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: Tasha Scott, Barbara Borbon C.66 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 15, 2009 Contra Costa County Subject:Contract #26-429-16 with Jackson & Coker LocumTenens, LLC BACKGROUND: (CONT'D) LLC, for the period from January 1, 2009 through December 31, 2009, for the provision of temporary physician services to cover vacation, sick leave, and extended leave relief for County-employed physicians at the Contra Costa Regional Medical Center and Contra Costa Health Centers and County’s Main Detention Facility. Approval of Contract #26-429-16 will allow the Contractor to continue to provide temporary physician services through December 31, 2010. RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designnee, to execute a contract with Metropolitan Van and Storage, Inc., in an amount not to exceed $350,000 to provide archival records storage and office furniture and equipment storage for the period February 1, 2010 through January 31, 2011. FISCAL IMPACT: $350,000: Administrative Overhead (20% County; 40% State; 40% Federal) BACKGROUND: Metropolitan Van and Storage, Inc., has been providing archival records storage and furniture storage services to the Employment and Human Services Department (EHSD) for a number of years. Contractor maintains a clean, safe, and secure facility, and they are very responsive to EHSD needs. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 925.313.1648 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: Larry Jones, Michael Roetzer, Earl Maciel C.67 To:Board of Supervisors From:Joe Valentine, Employment & Human Services Director Date:December 15, 2009 Contra Costa County Subject:Contract with Metropolitan Van and Storage, Inc. RECOMMENDATION(S): Approve and authorize the Health Services Director, to execute, on behalf of the County, Contract #23-400-3 with Contra Costa Regional Health Foundation, a non-profit corporation, in an amount not to exceed $125,000, to provide professional consultation services to the Health Services Director with regard to the Contra Costa Regional Medical Center and Contra Costa Health Centers, for the period from October 1, 2009 through September 30, 2010. FISCAL IMPACT: This Contract is included in the Health Services Department Enterprise Fund I. BACKGROUND: On October 23, 2007, the Board of Supervisors approved Contract #23-400-1 with Contra Costa Regional Health Foundation, for the period from October 1, 2007 through September 30, 2008, to provide professional consultation services to the Health Services Director with regard to the Contra Costa Regional Medical Center and Contra Costa Health Centers including, but not limited to, increasing community awareness of services provided, developing fundraising goals, policies APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: William Walker, M.D. 957-5410 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: J Pigg, B. Borbon C.68 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 15, 2009 Contra Costa County Subject:Contract #23-400-3 with Contra Costa Regional Health Foundation BACKGROUND: (CONT'D) and procedures, and by-laws and working closely with the Contra Costa Regional Medical Center and Contra Costa Health Center’s administrative and medical staff to develop "Application Guidelines" for requesting funding. Due to lengthy negotiations, between the parties, the Contract was not renewed in a timely manner. During this process, the Contractor as agreed upon by the County continued to provide services in good faith. Approval of Contract #23-400-3 will allow the Contractor to continue to provide services through September 30, 2010. RECOMMENDATION(S): Ratify the actions taken by the Health Services Director, or his designee (Wendel Brunner, M.D.), to execute, an agreement to use the San Ramon Valley Conference Center in the amount of $4,104.94, for the seasonal and H1N1 flu vaccination clinic, held on November 21, 2009. FISCAL IMPACT: 100% Federal Grant Funds. BACKGROUND: On November 21, 2009, Contra Costa County Health Services Department’s Public Health Division, Flu Immunization Program administered the seasonal and H1N1 flu vaccination to priority groups living in Contra Costa County at the San Ramon Valley Conference Center in San Ramon. Due to the emergent nature of responding to the H1N1 pandemic flu outbreak in Contra Costa County, staff were frequently faced with making logistics decisions about mass vaccination clinic locations, supplies and security within short time frames. Consequently, the Department is requesting the Board ratify this agreement. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Wendel Brunner, M.D., 313-6712 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: Tasha Scott, Barbara Borbon, Kim Cox C.69 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 15, 2009 Contra Costa County Subject:Use of the San Ramon Valley Conference Center for flu clinic BACKGROUND: (CONT'D) In exchange for renting its facilities to County, it was required to indemnify and hold harmless the San Ramon Valley Conference Center and tenants for claims arising out of use of the facility. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee (Patricia Tanquary), to execute, on behalf of the County, Contract Amendment/Extension Agreement #27-599-8 with Total Healthcare Management, Inc., a corporation, effective November 30, 2009, to amend Contract #27-599-7, to increase the payment limit by $130,000, from $250,000 to a new payment limit of $380,000 and to extend the term from November 30, 2009 through May 31, 2010. FISCAL IMPACT: This is a contingency fee contract. Contractor receives a percentage of the savings received from their actions. BACKGROUND: On December 16, 2008, the Board of Supervisors approved Contract #27-599-7 with Total Healthcare Management, Inc., for the period from December 1, 2008 through November 30, 2009, for the provision of claims processing and negotiations services for the Contra Costa Health Plan including acting as billing agent to negotiate discounted rates, reviewing the documentation of medical claims, and electronically transmitting claims from out-of-network medical providers. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary, 313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: Tasha Scott, Barbara Borbon C.70 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 15, 2009 Contra Costa County Subject:Amendment/Extension #27-599-8 with Total Healthcare Management, Inc. BACKGROUND: (CONT'D) Approval of Contract Amendment/Extension Agreement #27-599-8 will allow the Contractor to continue to provide services, through May 31, 2010. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee (Patricia Tanquary), to execute, on behalf of the County, Contract #27–764–1 with Oliver Wyman Actuarial Consulting, Inc., a corporation, in an amount not to exceed $195,000, to provide actuarial consulting services for the Contra Costa Health Plan, for the period from December 1, 2009 through November 30, 2010. FISCAL IMPACT: This Contract is funded 100% by State Local Initiative. BACKGROUND: The Health Services Department and the Contra Costa Health Plan are required by state and federal regulation to provide various certified actuarial documents in order to maintain its authorization to provide health care services to its members and recipients. This Contractor has an established record of providing this expertise. On March 17, 2009, the Board of Supervisors approved Contract #27–764 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary 313-6008 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: L Smith, B Borbon C.71 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 15, 2009 Contra Costa County Subject:Contract #27–764–1 with Oliver Wyman Actuarial Consulting, Inc. BACKGROUND: (CONT'D) with Oliver Wyman Actuarial Consulting, Inc., for the period from December 1, 2008 through November 30, 2009, for the provision of actuarial consulting services. Approval of Contract #27–764–1 will allow the Contractor to continue providing services through November 30, 2010, including changes to County’s standard indemnification language. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee (Donna Wigand), to execute, on behalf of the County, Contract #74–294–5 with Nadhan, Inc., dba Creekside Convalescent Hospital and Mental Health Rehabilitation Program, a corporation, in an amount not to exceed $255,500, to provide Sub-Acute Care for Seriously and Persistently Mentally Ill Adults, for the period from January 1, 2010 through December 31, 2010. FISCAL IMPACT: This Contract is funded 100% by Mental Health Realignment. BACKGROUND: This Contract meets the social needs of County’s population by providing Subacute Care for Seriously and Persistently Mentally Ill (SMPI) Adults. The terms of this Contract will allow County to place medically compromised mental health consumers at Contractor’s Creekside Mental Health Rehabilitation Center due to closure of an inpatient unit at Contra Costa Regional Medical Center. On December 16, 2008, the Board of Supervisors APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Donna Wigand, 957 5111 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: D Morgan, B Borbon C.72 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 15, 2009 Contra Costa County Subject:Contract #74–294–5 with Nadhan, Inc.dba Creekside Convalescent Hospital and Mental Health Rehabilitation Program BACKGROUND: (CONT'D) approved Contract #74 294-3, (as amended by Contract Amendment Agreement #74 294 4) with Nadhan, Inc., dba Creekside Convalescent Hospital and Mental Health Rehabilitation Program, for the period from January 15, 2009 through December 31, 2009, for the provision of sub-acute care for SMPI Adults. Approval of Contract #74-294-5 will allow the Contractor to continue providing services through December 31, 2010. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee (Haven Fearn), to execute, on behalf of the County, Contract #24-942-13 with Victor Kogler, a self-employed individual, in an amount not to exceed $125,938, to provide consultation, technical assistance and operational support to the Alcohol and Other Drugs Services (AODS) Division with regard to the Division’s System of Care, for the period from January 1, 2010 through December 31, 2010. FISCAL IMPACT: This Contract is funded 100% by Federal Prevention Set-Aside and Substance Abuse & Crime Prevention Act of 2000 (Prop 36, SACPA) Grant funds. BACKGROUND: On December 16, 2008, the Board of Supervisors approved Contract #24-942-12 with Victor Kogler for the provision of consultation and technical assistance to the Department with regard to the Division’s System of Care including, but not limited to, reviewing and making recommendations with regard to client services and levels of care, collecting and analyzing data APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Haven Fearn, 313-6350 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: B Borbon, D Morgan C.73 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 15, 2009 Contra Costa County Subject:Contract #24-942-13 with Victor Kogler BACKGROUND: (CONT'D) for the client satisfaction surveys and providing written recommendations to the AODS Director, for the period from January 1, 2009 through December 31, 2009. Approval of Contract #24-942-13 will allow the Contractor to continue providing services through December 31, 2010. RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or desginee, to enter into a contract amendment with URS Corporation Americas extending the contract termination date from December 31, 2009 to February 28, 2010 for development of a County-wide Earthquake Response Plan with no change in payment limit of $325,000. FISCAL IMPACT: $325,000; 100% funded by State Homeland Security Grant Program funds, budgeted. This extension does not increase the payment limit. BACKGROUND: On June 2, 2009 the Board of Supervisors authorized the Sheriff-Coroner to enter into a contract with URS Corporation Americas to prepare and develop an Earthquake Response Plan for the County (Item C.41). Extension of the contract will enable the contractor to complete deliverables. The emphasis of study have been the specific critical areas that are likely to require assistance from State and Federal authorities. The Plan provides an overview based on the County's existing Emergency Operations Plan, the plans of incorporated cities and other relevant agencies APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 5-1553 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: C.74 To:Board of Supervisors From:Warren Rupf, Sheriff-Coroner Date:December 15, 2009 Contra Costa County Subject:AMEND contract with URS Corporation Americas for County-wide Earthquake Plan BACKGROUND: (CONT'D) (the Regional Emergency Coordination Plan (RECP), and the Federal Emergency Management Agency's Bay Area Catastrophic Earthquake Concept Plan. Further, the County Earthquake Response plan will provide incorporated cities and other entities a mechanism to refine their earthquake plans. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee (Pat Godley), to execute, on behalf of the County, Contract #23-322-11 with Cheryl Adams-Woodford, a self-employed individual, in an amount not to exceed $119,808, to provide project management, consultation, and technical assistance to the Department with regard to the PeopleSoft General Ledger System for the period from December 1, 2009 through November 30, 2010. FISCAL IMPACT: This Contract is 100% Enterprise Fund I. BACKGROUND: On October 28, 2008, the Board of Supervisors approved Contract #23-322-10 with Cheryl Adams-Woodford, for the period from December 1, 2008 through November 30, 2009, for the provision of project management, consultation and technical assistance to the Department with regard to the PeopleSoft General Ledger System, including assistance with upgrades and enhancements, applying patches and fixes, system analysis, and disaster recovery. Approval of Contract #23-322-11 will allow the Contractor to continue APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: David Runt, 313-6228 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: Tasha Scott, Barbara Borbon C.75 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 15, 2009 Contra Costa County Subject:Contract #23-322-11 with Cheryl Adams-Woodford BACKGROUND: (CONT'D) providing services through November 30, 2010. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee (Donna Wigand), to execute, on behalf of the County, Contract #74–343-1 with Richard D. Baldwin, M.D., a self-employed individual, in an amount not to exceed $186,300, to provide professional geriatric psychiatric services for County’s Adult Mental Health Clinics, for the period from January 1, 2010 through December 31, 2010. FISCAL IMPACT: This Contract is funded 100% Mental Health Realignment Fund. BACKGROUND: For a number of years the County has contracted with Medical, Dental and Mental Health Specialists to provide specialized professional services, which are not otherwise available in its Hospital and Health Centers. On January 6, 2009, the Board of Supervisors approved Contract #74-343 with Richard D. Bladwin, M.D. to provide geriatric psychiatric services for seriously and persistently mentally ill older APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Donna Wigand, 957-5111 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: Tasha Scott, Barbara Borbon C.76 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 15, 2009 Contra Costa County Subject:Contract #74–343-1 with Richard D. Baldwin, M.D. BACKGROUND: (CONT'D) adults at the County’s Adult Mental Health Clinics, for the period from January 1, 2009 through December 31, 2009. Approval of Contract #74-343-1 will allow the Contractor to continue providing services, through December 31, 2010. RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a Consulting Services Agreement with Miller Pacific Engineering Group in an amount not to exceed $150,000 for on-call geotechnical engineering services for the period December 15, 2009 through December 14, 2011. FISCAL IMPACT: There is no impact to the General Fund. Work performed under this on-call agreement is funded by developer fees; road, flood control and airport project funds. BACKGROUND: The Public Works Department is involved in various projects in the County which require geotechnical engineering services for road, flood control, and airport projects. After a solicitation process, this firm was selected, as one of three firms, to provide geotechnical engineering services on an “on-call” basis. The consultant will augment Public Works design staff on an as-needed basis. They will be used as an extension of County Public Works design staff during busy times when in-house expertise is not available. This on-call agreement will be in effect for two years. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jason Chen, 313-2299 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: C.77 To:Board of Supervisors From:Angela Bell, Public Works Date:December 15, 2009 Contra Costa County Subject:APPROVE and AUTHORIZE the Public Works Director to execute a Consulting Services Agreement with Miller Pacific Engineering Group CONSEQUENCE OF NEGATIVE ACTION: Without approval from the Board of Supervisors there will be possible delay in completing projects requiring geotechnical engineering services. Executing this contract will facilitate the process of design and construction for various Public Works projects requiring a geotechnical engineering expertise. ATTACHMENTS CSA Miller Pacific Engineering RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a Consulting Services Agreement with Engeo Incorporated, in an amount not to exceed $150,000 for on-call geotechnical engineering services for the period December 15, 2009 through December 14, 2011. FISCAL IMPACT: There is no impact to the General Fund. Work performed under this on-call agreement is funded by developer fees; road, flood control and airport project funds. BACKGROUND: The Public Works Department is involved in various projects in the County which require geotechnical engineering services for road, flood control, and airport projects. After a solicitation process, this firm was selected, as one of three firms, to provide geotechnical engineering services on an “on-call” basis. The consultant will augment Public Works design staff on an as-needed basis. They will be used as an extension of County Public Works design staff during busy times when in-house expertise is not available. This on-call agreement will be in effect for two years. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jason Chen, 313-2299 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: C.78 To:Board of Supervisors From:Angela Bell, Public Works Date:December 15, 2009 Contra Costa County Subject:APPROVE and AUTHORIZE the Public Works Director to execute a Consulting Services Agreement with Engeo Incorporated CONSEQUENCE OF NEGATIVE ACTION: Without approval from the Board of Supervisors there will be possible delay in completing projects requiring geotechnical engineering services. Executing this contract will facilitate the process of design and construction for various Public Works projects requiring a geotechnical engineering expertise. ATTACHMENTS CSA Engeo RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a Consulting Services Agreement with Hultgren-Tillis Engineers, in an amount not to exceed $150,000 for on-call geotechnical engineering services for the period December 15, 2009 through December 14, 2011. FISCAL IMPACT: There is no impact to the General Fund. Work performed under this on-call agreement is funded by developer fees; road, flood control and airport project funds. BACKGROUND: The Public Works Department is involved in various projects in the County which require geotechnical engineering services for road, flood control, and airport projects. After a solicitation process, this firm was selected, as one of three firms, to provide geotechnical engineering services on an “on-call” basis. The consultant will augment Public Works design staff on an as-needed basis. They will be used as an extension of County Public Works design staff during busy times when in-house expertise is not available. This on-call agreement will be in effect for two years. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jason Chen, 313-2299 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: C.79 To:Board of Supervisors From:Angela Bell, Public Works Date:December 15, 2009 Contra Costa County Subject:APPROVE and AUTHORIZE the Public Works Director to execute a Consulting Services Agreement with Hultgren-Tillis Engineers CONSEQUENCE OF NEGATIVE ACTION: Without approval from the Board of Supervisors there will be possible delay in completing projects requiring geotechnical engineering services. Executing this contract will facilitate the process of design and construction for various Public Works projects requiring a geotechnical engineering expertise. ATTACHMENTS CSA Hultgren-Tillis RECOMMENDATION(S): APPROVE the delegation of authority to the County Treasurer for investing and reinvestng County funds and the funds of other depositors in the County Treasury, or to sell or exchange securities so purchased, pursuant to section 53607 of the State Government Code. FISCAL IMPACT: The County Treasurer manages and invests the funds of all County Agencies, 19 Special Districts, 19 School Districts, and 1 Community College District. Centralizing this function creates a dedicated staff of investment professionals and creates greater efficiency, economies of scale, and greater investment power. BACKGROUND: State law provides that the Board of Supervisors may delegate to the County Treasurer the authority "to invest or to reinvest funds of a local agency, or to sell or exchange securities so purchased" for a one year period. It is recommended that this delegation be renewed through the calendar year 2010. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Meredith Boeger 957-2806 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Lisa Driscoll, County Finance Director C.80 To:Board of Supervisors From:William J. Pollacek, Treasurer-Tax Collector Date:December 15, 2009 Contra Costa County Subject:Delegation of Investment Authority to the County Treasurer CONSEQUENCE OF NEGATIVE ACTION: If the Delegation of Authority is not approved each of the County Agencies, 19 Special Districts, 19 School Districts, and 1 Community College District would have to invest and manage their own funds. This would be less cost efficient for all entities. RECOMMENDATION(S): RECEIVE the North Richmond Waste & Recovery Mitigation Fee Joint Expenditure Planning Committee Annual Report for 2009. FISCAL IMPACT: No impact to the County General Fund. BACKGROUND: On June 18, 2002, the Board of Supervisors adopted Resolution No. 2002/377, which requires that each regular and ongoing board, commission, or committee shall annually report to the Board of Supervisors on its activities, accomplishments, membership attendance, required training/certification (if any), and proposed work plan or objectives for the following year, on the second Tuesday in December. The 2009 Annual Report for the North Richmond Waste & Recovery Mitigation Fee Joint Expenditure Planning Committee (Committee) is attached as Exhibit A. This Committee was formed in 2006, pursuant to the terms of a Memorandum of Understanding between the County and the City of Richmond, for the purpose of facilitating City and County coordination regarding the use of revenue generated from the North APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Deidra Dingman (925) 335-1224 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: LaShonda Wilson, City of Richmond C.81 To:Board of Supervisors From:Catherine Kutsuris, Conservation & Development Director Date:December 15, 2009 Contra Costa County Subject:BOARD ADVISORY BODY ANNUAL REPORT FOR 2009 - NORTH RICHMOND MITIGATION FEE JOINT EXPENDITURE PLANNING COMMITTEE BACKGROUND: (CONT'D) Richmond Waste & Recovery Mitigation Fee which is subject to the joint-control of the City and County. The Waste & Recovery Mitigation Fee was established by the City and County as a result of the Environmental Impact Report (EIR) prepared in 2003, as a means of mitigating potential impacts on North Richmond from the proposed expansion of waste processing and resource recovery operations located at the foot of Parr Boulevard in North Richmond. One of the mitigation measures in this EIR called for establishment of a Mitigation Fee to defray annual costs associated with collection and disposal of illegally dumped waste and associated impacts in North Richmond and adjacent areas. The Committee is charged with preparing recommended two year Expenditure Plans as a means of City and County jointly administering this funding for the benefit of unincorporated and incorporated North Richmond. Each Expenditure Plan is subject to final approval of the Richmond City Council and the Contra Costa County Board of Supervisors. A copy of the current two-year Expenditure Plan for 2008/2009 is attached as Exhibit B. ATTACHMENTS Exhibit A: 2009 Annual Report Exhibit B: 2008/2009 Expenditure Plan 2009 Advisory Body Annual Report Advisory Body Name: North Richmond Waste & Recovery Mitigation Fee Joint Expenditure Planning Committee (NRMFC) Advisory Body Meeting Time/Location: Meet generally scheduled on a quarterly basis, however may be held more or less often based on need. The specific meeting dates and times are reflected in Section 3 on the next page. Meetings are held at Richmond City Hall, which was located at 1401 Marina Way South in Richmond until July when it moved back to 440 Civic Center Drive in Richmond. Chair (during the reporting period): Nathaniel Bates, Richmond City Council Member Staffpersons (during the reporting period): Contra Costa County Department of Conservation & Development: • Deidra Dingman & Matthew Kelley Richmond City Manager’s Office: • Janet Schneider & LaShonda Wilson Reporting Period: January 1, 2009 – December 31, 2009 1. Activities Committee staff worked with multiple City & County Departments, agencies and non-profit organizations to effectively: • Continue implementation of existing strategies carried over from the 2008/2009 Mitigation Fee Expenditure Plan. • Initiate new programs and services under the 2010/2011 Mitigation Fee Expenditure Plan. 2. Accomplishments In 2009, the Committee considered and recommended amendments to the 2008/2009 Expenditure Plan. The Committee also provided direction and received periodic updates regarding the implementation of the 2008/2009 Expenditure Plan as amended (current version attached as Exhibit B). Below are some highlights pertaining to the implementation of certain strategies funded under the Plan: • Neighborhood Clean Up - On Saturday, November 7, 2009, the City of Richmond held a community clean up for the residents of North Richmond. Volunteers were sought from the Young Adult Empowerment Center (YAEC), and the Senior Center to work at the drop-off locations, participate in trash pick-up along neighborhood streets, and distribute handouts with information about local disposal and recycling resources, including details about Disposal Voucher and Bulky-Item Pickup programs. • Public Outreach - Created, updated and distributed outreach materials including bilingual versions of printed materials (e.g. flyers and brochures) as well as updated/expanded our North Richmond specific StopDumping.org website. Created new website called NrGreen.org and linked to StopDumping.org. • Community Services Coordinator & Bilingual Outreach Services Coordinator – Positions are filled through non-profit entities in North Richmond and intended to serve as effective liaisons and advocates for the community providing them with information, and receiving input about Expenditure Plan programs and related services available to residents of North Richmond. They have taken the lead to spearhead efforts to establish local Community Gardening Project as well as an education and marketing campaign called “North Richmond Green”. G:\Conservation\Matthew\N. Richmond Mitigation Fee\BOS Annual Report - 2008\NRMFC Annual Report_2009.doc • Code Enforcement Officer & Illegal Dumping Investigator/Officer - The Sheriff’s Office employed a new Resident Deputy Team approach in North Richmond consisting of three pairs of deputies assigned to one of three shifts effective April 27, 2009. All six deputies have the same overall “Roles & Responsibilities” which include issuing citations for illegal dumping, littering, no parking uncovered/unsecured loads, and criminal offenses as well as providing routine patrols and community involvement/assistance. There are now two Resident Deputies assigned to the Day Shift that routinely patrol the entire North Richmond Mitigation Funding Area as well as periodically conduct investigations and surveillance to address illegal dumping. On October 26, 2009, the Committee voted to recommend that the City and County approve the preliminary 2010/2011 North Richmond Waste and Recovery Mitigation Fee Expenditure Plan (see Exhibit B). The Plan is subject to final approval by the County Board of Supervisors and Richmond City Council and consideration has been scheduled for their meetings in December 2009. 3. Attendance/Representation All but one Committee seat (appointed by the City of Richmond) was filled for the duration of 2009, as shown in the below table. The seven member Committee is comprised of three Richmond City Council members, one member of the Board of Supervisors, two North Richmond Municipal Advisory Council (MAC) members that are residents of unincorporated North Richmond, and one incorporated North Richmond (NR) resident. To minimize problems obtaining quorums, Bylaws were approved for this Committee in 2008, which included designation of alternates and procedures for removal of members based upon number of absences without prior notification. The level of participation for each Committee member is outlined in the table below as well as the status of a quorum being achieved on each meeting date. 2009 Meeting Dates & Attendance Committee Members & Alternates 5/6 3-5pm 7/8 1:30-3pm 8/5 1-3pm 9/24 1:30-3:30pm 10/26 3-5pm Nathaniel Bates, Richmond City Council Yes Yes Yes Yes Yes Mayor Gayle McLaughlin, Richmond City Council Yes Yes Yes Yes Yes Maria Viramontes, Richmond City Council No No No No No John Gioia, Board of Supervisors* Yes Yes Yes Yes No Lee Jones, Incorporated NR resident Yes VACANT VACANT VACANT VACANT Dr. Henry Clark, North Richmond MAC Member* Yes Yes Yes Yes Yes Joe Wallace, North Richmond MAC Member* Yes Yes No No Yes Jim Rogers, Alternate - Richmond City Council No No No No No Luz Gomez, Alternate - Board of Supervisors* Yes Yes Yes No Yes Johnny White, Alternate - Incorporated NR resident No Yes Yes No Yes Maricella Navarro, Alternate - NR MAC Member* No Yes Yes No No Quorum achieved Yes Yes Yes Yes Yes * Denotes the Committee members that are appointed by County Board of Supervisors, remainder appointed by Richmond City Council. 4. Training/Certification No trainings were provided or certifications received during the 2009 reporting year. 5. Proposed Work Plan/Objectives for Next Year Next spring, the Committee will consider and recommend an amendment to the 2010/2011 Expenditure Plan in order to incorporate supplemental funding allocations for the balance of unexpended funding that was received in 2008/2009. For the remainder of the year, the Committee will receive updates from staff and potentially provide direction regarding the implementation of strategies contained in the 2010/2011 Expenditure Plan as amended. Revised: July 8, 2009 2008/2009 Third Amended North Richmond Waste & Recovery Mitigation Fee Expenditure Plan INTRODUCTION The Waste & Recovery Mitigation Fee was established as a result of the Draft Environmental Impact Report (EIR) dated November 2003 for the WCCSL Bulk Materials Processing Center (BMPC) and Related Actions (Project). The Project involved new and expanded processing and resource recovery operations on both the incorporated and unincorporated area of the Project site, which the EIR concluded would impact the host community. To mitigate this impact Mitigation Measure 4-5 called for a Mitigation Fee to benefit the host community, described as follows: “Mitigation Fee. The facility operator shall pay a Mitigation Fee of an amount to be determined by the applicable permitting authority(ies) to defray annual costs associated with collection and disposal of illegally dumped waste and associated impacts in North Richmond and adjacent areas. The mitigation fee should be subject to the joint-control of the City and County and should be collected on all solid waste and processible materials received at the facility consistent with the existing mitigation fee collected at the Central IRRF.” In July 2004, the City of Richmond and Contra Costa County entered into a Memorandum of Understanding (MOU) agreeing to jointly administer Mitigation Fee monies collected from the BMPC for the benefit of the incorporated and unincorporated North Richmond area. This North Richmond Waste & Recovery Mitigation Fee Joint Expenditure Planning Committee (Committee) was formed pursuant to the terms of the MOU for the specific purpose of preparing a recommended two year Expenditure Plan. This Expenditure Plan provides a means to jointly administer the Mitigation Fee funding for the benefit of the host community, as described in the EIR. The Expenditure Plan is subject to final approval of the Richmond City Council and the Contra Costa County Board of Supervisors. BUDGET The attached Budget Table is incorporated herein by reference. The Budget was developed based on revenue estimates with multiple variables (e.g. number of tons of recovered materials vs. solid waste, per ton gate rate charged and amount of CPI- adjusted per ton Mitigation Fee). Revenue projections may deviate from those provided by Republic and used to prepare the attached Budget Table. Exhibit B 2008/2009 North Richmond Waste & Recovery Mitigation Fee Expenditure Plan Revised: July 8, 2009 Page 2 of 11 Printed: 7/9/2009 It is likely that some adjustments will be necessary to accommodate variations between estimated and actual revenue as well as disparity between estimated and actual costs for non-fixed cost strategies. Adjustments may be needed due to under-utilization of a particular program if estimated expenditure was based on per unit cost. If the number of units allocated to a particular line item is not exhausted, the remaining funding would need to be redistributed within that expenditure category. This Expenditure Plan has been designed to maximize efficiency in the administration of the Plan. The Budget includes some line items that are based on fixed costs, however to provide flexibility other line items can be adjusted if needed. Strategies fall under one of these three expenditure categories: Prevention & Education, Abatement & Enforcement and Community Investment. This Expenditure Plan authorizes Staff to make adjustments for certain line items if needed to account for budget shortfalls or overages. This flexibility will allow the City and County to avoid the delays and costs associated with amending the Expenditure Plan. Additional amendments would only be proposed by Staff if absolutely necessary which will require Staff to convene this Committee as well as seek the approval of the City Council and Board of Supervisors. DESCRIPTION OF STRATEGIES RECOMMENDED FOR FUNDING Funding allocations for each strategy can be found in the attached Budget Table. The funding allocation amounts are for the two-year Expenditure Plan period. STAFF COSTS Due the staff time necessary for staffing this committee and Expenditure Plan development, implementation and oversight, $100,000 is allocated to accommodate staff costs for both the City and County for calendar years 2008 and 2009. PREVENTION & EDUCATION 1. Bulky Clean-ups • Fund subsidy program to provide residents, non-profits and/or commercial enterprises in the Mitigation Fee Primary Funding Area with on-call pick- up service for bulky items that are not accepted in the current on-call clean-ups through Richmond Sanitary Service (RSS) • Recommended allocation of $5,000 would fund approximately 120 bulky item pick-ups (at a flat pick-up fee of $41) and must be used in conjunction with disposal vouchers 2. Neighborhood Clean-ups • Fund one or more neighborhood and/or creek clean-up events in the Mitigation Fee Primary Funding Area • Recommended allocation of $25,000 would fund at least two clean-up events (one of which will likely be co-sponsored by the City) 2008/2009 North Richmond Waste & Recovery Mitigation Fee Expenditure Plan Revised: July 8, 2009 Page 3 of 11 Printed: 7/9/2009 3. Voucher System • Fund subsidy program to provide residents non-profits and/or commercial enterprises in the Mitigation Fee Primary Funding Area with vouchers for disposal at Republic’s transfer station on Parr Blvd. • Residents allowed up to twelve $5 vouchers per household per year upon request, residents must prove residency when picking up vouchers (vouchers expire after six months, RSS only receives the subsidy for vouchers that are actually redeemed) • Recommended allocation of $7,500 would fund 1,500 vouchers ($5 each) 4. Community Services Coordinator • Fund full-time Community Services Coordinator to be overseen by a non- profit or public agency. • Community Services Coordinator handles various responsibilities related to illegal dumping and blight in North Richmond including but not limited to: o respond to 1-800-No Dumping calls regarding illegal dumping in North Richmond, o coordinate with RSS & Sheriff’s Office to identify/notify individuals potentially responsible for illegal dumping within the Mitigation Fee area, o maintain database to track illegal dumping locations and when needed refer details to RSS or City Public Works for removal, o provide outreach to the community including implementation and staffing of a Community Block Program, and o act as liaison between the community, RSS, City and County regarding illegal dumping and related issues. • Recommended allocation of $144,262 would fund this position (including salary/benefits/overhead) and related costs for calendar years 2008 and 2009 5. Bilingual Outreach Services/Coordinator • Fund bilingual outreach and translation service and/or coordinator on a contract basis to: o prepare Spanish education, outreach and meeting materials o perform specific clerical duties o provide translation services at community meetings o handle Spanish speaking calls to 1-800-No Dumping from North Richmond area o identify opportunities to involve Hispanic community (e.g. attend Hispanic community meetings/events) in fight against illegal dumping and blight • Recommended allocation of $56,000 would fund the Bilingual Outreach Coordinator position (including salary/benefits/overhead and related costs) and translation services on an as-need basis 2008/2009 North Richmond Waste & Recovery Mitigation Fee Expenditure Plan Revised: July 8, 2009 Page 4 of 11 Printed: 7/9/2009 6. North Richmond Green Outreach Campaign • Fund establishment of a public outreach campaign and/or materials directed at reducing illegal dumping and blight in North Richmond • Print/distribute periodic community newsletter and other materials about illegal dumping/blight issues prepared by Community Services Coordinator • Hire private consultant to help define approach and design campaign as appropriate/needed • Elements of the public outreach campaign may include, but are not necessarily limited to: o emphasis on increased enforcement/prosecution o door-to-door outreach effort targeting areas subject to frequent dumping requesting community’s assistance to report illegal dumping and/or independent hauler activities o inform community members regarding exact details needed when reporting illegal dumping and who to contact o billboards in community which is changed periodically highlighting on-call clean-ups, HHW facility, how to report illegal dumping, etc. o public service announcements (PSAs) in English, Spanish and Laotian and broadcast on CCTV and cable networks o printed education & outreach materials in English, Spanish and Laotian, which could include: West County specific guide similar to Contra Costa Reuse and Recycling Guide, new/revised brochures (e.g. County’s Illegal Dumping Brochures & Richmond’s Good Neighbor Brochure), advertisements in Contra Costa Times and other West County publications (listing illegal dumping prosecutions, highlighting educational information that is targeted for season or current events, etc.) o identify most effective methods of distribution (eliminate approaches that have not been effective enough in the past) • Recommended allocation of $50,000 could be adjusted if needed to fit within the budget (e.g. reduced to accommodate revenue below the projected amount) 2008/2009 North Richmond Waste & Recovery Mitigation Fee Expenditure Plan Revised: July 8, 2009 Page 5 of 11 Printed: 7/9/2009 ABATEMENT & ENFORCEMENT 7. City/County Pick-up from Right-of-Way • Fund consolidated pick-up program for illegal dumping in the public right- of-way located within the Mitigation Fee Primary Funding Area to supplement similar services provided by RSS in the designated Hot Spot Route • Consolidating pick-up within the right of way in unincorporated & incorporated areas using the City of Richmond Public Works staff helps create a stable level of service, minimize delays and maximize efficiencies • City handles pick-up of items from public right-of-way when the items are not suitable for collection in the compactor truck used to service the RSS Hot Spot Route (Hot Spot Route referrals are provided to the City by the Community Services Coordinator) • Recommended allocation of $120,000 would fund incremental cost for City to provide pick-up in the unincorporated & incorporated areas for an average of 24 hours per week and to cover the cost of mileage, administrative costs and renting equipment as needed 8. Vacant and Abandoned Lot and Properties Clean-up • Fund clean-up of illegal dumping on vacant/abandoned lots and properties within the Mitigation Fee Primary Funding Area where existing code enforcement processes, staffing levels, and/or funding prove to be inadequate • As appropriate, obtain summary abatements, place liens on properties, require property owners to sign contract agreeing to fence their property and/or sign waivers allowing clean-up of waste on property • Recommended allocation of $ 40,000 would fund clean-up of an undetermined number of vacant and abandoned lots and properties depending on the amount of illegally dumped waste on each property 9. Vacant and Abandoned Lot Fencing • Fund fencing of vacant and/or abandoned lots where chronic dumping occurs within the Mitigation Fee Primary Funding Area when existing fencing ordinance provisions and/or code enforcement processes, staffing levels and/or funding prove to be inadequate • Establish process to expedite the fencing of certain vacant/abandoned lots as needed to address unique circumstances (e.g. ordinance provisions require delay and specific location poses high-risk, repeated dumping of particularly harmful wastes, etc.) • Prior to fencing vacant/abandoned lots, require property owners to sign contract agreeing to maintain fence and sign waivers allowing installation of fence on their property, as appropriate • Recommended allocation of $57,000 would fund fencing of an undetermined number of vacant/abandoned lots 2008/2009 North Richmond Waste & Recovery Mitigation Fee Expenditure Plan Revised: July 8, 2009 Page 6 of 11 Printed: 7/9/2009 10. Code Enforcement Staff • Fund additional full-time County code enforcement position, to assist with vacant/abandoned lot abatements and fencing as well as other health/building/zoning violations related to illegal dumping throughout the Mitigation Funding Area (incorporated & unincorporated) • Recommended allocation of $313,514 would fund a full-time position (including salary/benefits) and related vehicle costs for calendar years 2008 and 2009 11. Graffiti Abatement • Fund consolidated graffiti abatement program for graffiti visible from the public right-of-way located within the Mitigation Fee Primary Funding Area • Consolidating graffiti abatement services through the City of Richmond Public Works staff creates a stable level of service, minimizes delays and maximizes efficiencies • Funding removal of graffiti is not intended to replace existing local ordinance requirements (e.g. holding property owner or parent responsible for clean-up when feasible) • Prior to removing graffiti located on private property, written approval of property owner shall be obtained when required by local ordinance(s) • Recommended allocation of $58,240 would fund incremental cost for City to provide graffiti abatement services in the unincorporated & incorporated areas an average of 15 hours per week and would cover administrative cost, mileage and the purchase or rental of necessary equipment and materials 12. Illegal Dumping Investigator/Officer • Fund full-time illegal dumping investigator/officer to work within the Mitigation Fee Primary Funding Area to: o conduct illegal dumping surveillance and investigations o build & file cases specific to instances of illegal dumping, which are suitable for prosecution o conduct targeted sting operations to catch illegal dumpers (law enforcement strike-team(s) may also be available to conduct sting operations) • Recommended allocation of $274,808 would fund a full-time Sheriff Deputy (including salary/benefits/overtime/uniform) and offset related costs (e.g. cell phone, equipment, fuel, insurance and vehicle purchase and maintenance) for calendar years 2008 and 2009 13. Increase Nighttime Patrols & Investigations • Fund increased nighttime patrols and investigations within the Mitigation Fee Primary Funding Area to target specific locations/timeframes where illegal dumping occurs most regularly 2008/2009 North Richmond Waste & Recovery Mitigation Fee Expenditure Plan Revised: July 8, 2009 Page 7 of 11 Printed: 7/9/2009 • As needed, use City and/or County law enforcement officer(s) or a private security firm for nighttime patrols as a means of supplementing existing patrols by local law enforcement • Recommended allocation of $100,000 would fund staff timefor City and/or County law enforcement officer(s) or one private security officer 14. Surveillance Cameras • Fund surveillance camera program within the Mitigation Fee Primary Funding Area to target specific locations where illegal dumping occurs most regularly • Funding allocated would cover the purchase of cameras, camera infrastructure, and costs related to maintenance, repair & relocation of cameras • Recommended allocation of $260,000 could be adjusted if needed to fit within the budget (e.g. reduced to accommodate revenue below the projected amount) 15. Illegal Dumping Prosecutor • Fund portion of community prosecutor to work within the Mitigation Fee Primary Funding Area to build cases related to illegal dumping with special emphasis on instances of commercial dumping as well as other quality of life issues (e.g. alcohol abatement, environmental crimes) • City has budgeted to fund a community prosecutor which could dedicate a portion of time to work on cases within the Mitigation Fee Primary Funding Area • Recommended allocation of $65,149 would fund 15% of the full-time salary (including benefits) for the community prosecutor for calendar years 2008 and 2009 COMMUNITY INVESTMENT 16. Beautification A. Neighborhood Landscaping and Gardening Projects • Fund landscaping projects within the Mitigation Fee Primary Funding Area, specific projects would be selected after taking the following into consideration: o beautification projects that do not have existing funding sources o regular pruning to maintain any vegetation that is compromising visibility in locations used for illegal dumping • Fund the establishment of new community gardens on vacant and unused lots subject to dumping or blight which will: o rely on partnerships with local residents, non-profit and community based organizations, school groups and other community groups to start and maintain projects 2008/2009 North Richmond Waste & Recovery Mitigation Fee Expenditure Plan Revised: July 8, 2009 Page 8 of 11 Printed: 7/9/2009 o provide community with educational/outreach opportunities, healthy foods, and community building • Recommended allocation of $68,000 would fund purchase of materials, equipment and related maintenance costs as well as related administrative oversight of the projects which could be adjusted if needed to fit within the budget B. Servicing, Maintenance and Moving/Removal of Street Cans • Fund collection services, maintenance and removal (as needed) for four street cans within the Mitigation Fee Primary Funding Area • Recommended allocation of $3,962.40 would fund weekly collection for four street cans and maintenance and removal as needed 17. Community Involvement A. Stipends and Mentorship Program • Fund stipend programs for West Contra Costa Unified School District students, Young Adult Empowerment Center Advisory Council, Youth Build members and other groups as identified and approved by Committee staff for illegal dumping abatement and beautification programs within the Mitigation Fee Primary Funding Area • Fund the Mentoring Program at the Young Adult Empowerment Center to aid in efforts to combat illegal dumping and blight within the Mitigation Fee Primary Funding Area • Recommended allocation of $118,000 for both programs could be adjusted if needed to fit within the budget (e.g. reduced to accommodate revenue below the projected amount) B. Parks Rehabilitation Initiative • Fund various park and related projects at Third Street Ballfield, Shields-Reid Park and other areas within the Mitigation Fee Primary Funding Area • Elements of the Parks Rehabilitation Initiative may include but are not limited to: o purchase and installation of new light fixtures and necessary infrastructure as well as restoration of existing light fixtures and infrastructure o repair, replacement and maintenance of damaged portions of sod or installation of turf o repair of existing and/or new irrigation system o installation of park benches, additional playground equipment and fencing o other landscaping and beautification efforts 2008/2009 North Richmond Waste & Recovery Mitigation Fee Expenditure Plan Revised: July 8, 2009 Page 9 of 11 Printed: 7/9/2009 • Recommended allocation of $175,000 is an estimated one-time fixed cost and could be adjusted if needed to fit within the budget (e.g. reduced to accommodate revenue below the projected amount) C. North Richmond Greening Project • Fund the planning, installation and maintenance of Greening Project which would consist of the following components/phases: o Planning – Hiring landscape consulting firm to work with community stakeholders to create greening plan. The plan would include multiple options at varying cost levels. o Installation – Contract with landscape firm to carry out installation of selected design plan. o Maintenance – Contract with private landscape maintenance firm in coordination with appropriate City/County Departments • Recommended allocation of $90,000 could be adjusted if needed to fit within the budget (e.g. reduced to accommodate revenue below the projected amount) D. New Street Can and/or Tile Art Project • Fund the purchase, installation, maintenance and servicing for up to 4 street cans in the Mitigation Funding Area. City/County will select can locations based on a site survey in the community to be conducted by CHDC • The tile art painting project will be based on the themes of anti-littering and environmental stewardship. The hand-painted tiles will be created by local Verde Elementary School students and will be placed on each can and/or in other areas of the community (such as sidewalks) • Recommended allocation of $8,000 could be adjusted if needed to fit within the budget (e.g. reduced to accommodate revenue below the projected amount) E. Senior Center Improvements • Fund beautification and/or structural enhancements on the exterior of the Neighborhood House Multicultural Family Senior Center • Staff will communicate the needs of the building to other entities that may be able to provide funding for this project, specifically for interior improvements. • Improvements that would be covered by Mitigation Fee funding may include: new lighting, landscaping, fencing and/or painting. • Recommended allocation of $15,000 could be adjusted if needed to fit within the budget (e.g. reduced to accommodate revenue below the projected amount) F. Safe Routes Program & Community Mural Project • Funding to institute a Safe Routes Program and Community Mural Project in North Richmond (Proposal submitted by Harold Beaulieu, 2008/2009 North Richmond Waste & Recovery Mitigation Fee Expenditure Plan Revised: July 8, 2009 Page 10 of 11 Printed: 7/9/2009 founder of the Art Department, a nonprofit organization that coordinates community based art projects in the Bay Area) • The Safe Routes Program uses a “Popsicle Index” as a gauge for safety along routes traveled by community youth. The Safe Routes program will be implemented in conjunction with CHDC’s block club initiative by coordinating code enforcement education, community art & beautification projects, trash & graffiti clean up efforts and violence prevention activities for block groups and along designated routes. • The Community Mural Project would train local residents in the mural planning process and support those residents in painting murals at blighted and graffiti prone sites selected in the Mitigation Fee Area. • Recommended allocation of $15,000 could be adjusted if needed to fit within the budget (e.g. reduced to accommodate revenue below the projected amount) G. West County Watershedz Program • Fund the design and implementation of a rehabilitation project within the Wildcat Creek riparian zone and trail corridor near Verde Elementary School (Proposal submitted by The Urban Creeks Council) • Project will employ North Richmond youth to carry out restoration work • The rehabilitation project is one component of a larger environmental educational and beautification endeavor being implemented by UCC in the North Richmond community • Recommended allocation of $15,000 could be adjusted if needed to fit within the budget (e.g. reduced to accommodate revenue below the projected amount) H. Wildcat and San Pablo Creek Enhancements • Fund portion of one or more of the following projects (Proposal submitted by Contra Costa County Flood Control & Water Conservation District) • Fish Passage Enhancement: Preparation of project scope to obtain grant funding for reconstruction of desiltation ponds & fish ladder to allow improved fish migration • Water Quality Enhancement: Purchase of trash separation mechanism to treat polluted water before water is processed through pump stations into Wildcat Creek • Habitat Management Plan: Creation of plan to designate portions of creek channel for habitat preservation • Recommended allocation of $20,000 could be adjusted if needed to fit within the budget (e.g. reduced to accommodate revenue below the projected amount) I. Capital Improvement Projects • Fund various capital improvement projects within the Mitigation Fee Primary Funding Area 2008/2009 North Richmond Waste & Recovery Mitigation Fee Expenditure Plan Revised: July 8, 2009 Page 11 of 11 Printed: 7/9/2009 • Projects could include but are not limited to: ƒ Street and sidewalk improvements (as related to railroads and railroad crossings) ƒ Lighting ƒ Street medians • Recommended allocation of $103,707 could be adjusted if needed to fit within the budget (e.g. reduced to accommodate revenue below the projected amount) ATTACHMENT: Budget Table – North Richmond Mitigation Fee Expenditure Plan (2008-2009) D:\Illegal Dumping\BMPC Mitigation Fee Committee\2008-2009 Exp Plan\Third Amended Expenditure Plan 2008-2009.doc Budget Table - 2008-2009 Third Amended Expenditure Plan #Strategy Approved Biannual Expenditure (2008-2009) Recommended Expenditure Changes (2008-2009) Recommended Biannual Expenditures (2008-2009) Committee Administration/Staffing 100,000$ -$ 100,000$ 1 Bulky Clean-ups 10,000$ (5,000)$ 5,000$ 2 Neighborhood Clean-ups 15,000$ 10,000$ 25,000$ 3 Voucher System 15,000$ (7,500)$ 7,500$ 4 Community Services Coordinator 144,262$ -$ 144,262$ 5 Bilingual Outreach Services Coordinator 56,000$ -$ 56,000$ 6 North Richmond Green Outreach Campaign 71,000$ (21,000)$ 50,000$ 7 City/County Pick-up from Right-of-Way 120,000$ -$ 120,000$ 8 Vacant and Abandoned Lot Clean-up 40,000$ -$ 40,000$ 9 Vacant and Abandoned Lot Fencing 90,000$ (33,000)$ 57,000$ 10 Code Enforcement Staff 313,504$ -$ 313,504$ 11 Graffiti Abatement 58,240$ -$ 58,240$ 12 Illegal Dumping Investigator/Officer 274,808$ -$ 274,808$ 13 Increase Nighttime Patrols 40,000$ 60,000$ 100,000$ 14 Surveillance Cameras 260,000$ -$ 260,000$ 15 Illegal Dumping Prosecutor 65,149$ -$ 65,149$ 16 Beautification 16a Neighborhood Landscaping & Gardening Projects 12,000$ 56,000$ 68,000$ 16b Street Cans - Servicing, Maintenance & Moving 2,462$ 1,500$ 3,962.40$ 17 Community Involvement 17a Stipends and Mentorship Program 118,000$ -$ 118,000$ 17b Parks Rehabilitation Initiative 175,000$ -$ 175,000$ 17c North Richmond Greening Project 150,000$ (60,000)$ 90,000$ 17d New Street Can Project 14,000$ (6,000)$ 8,000$ 17e Senior Center Improvements 10,000$ 5,000$ 15,000$ 17f Safe Routes Program & Community Mural Project 15,000$ -$ 15,000$ 17g West County Watershedz Program 15,000$ -$ 15,000$ 17h Wildcat and San Pablo Creek 20,000$ -$ 20,000$ Prevention & EducationAbatement & EnforcementCommunity InvestmentPage A-1 Revised: 07/8/2009 Printed: 7/9/2009 Budget Table - 2008-2009 Third Amended Expenditure Plan #Strategy Approved Biannual Expenditure (2008-2009) Recommended Expenditure Changes (2008-2009) Recommended Biannual Expenditures (2008-2009) 17i Capital Improvement Projects 103,707$ -$ 103,707$ Total Projected Mitigation Fee Revenue for 2008/2009 1,361,456$ 946,676$ 2,308,132$ Committee Administration/Staffing 4.33%4.33%100,000$ Prevention & Education 13.49%12.47%287,762$ Abatement & Enforcement 54.66%55.83%1,288,701$ Community Investment 27.52%27.37%631,669$ Grand Total *100.00%100.00%2,308,132$ * Projected revenue split after deducting the $100,000 allocated for staff costs: Prevention & Education 13.03% Abatement & Enforcement 58.36% Community Investment 28.61% Estimated Remaining 2006/2007 Revenue to be allocated in 2008 (projections as of 12/31/2007) Estimated Mitigation Fee Revenue to be allocated in 2008/2009 (2006/2007 remainder + 2008/2009) Page A-2 Revised: 07/8/2009 Printed: 7/9/2009 RECOMMENDATION(S): RATIFY the actions taken by the Workforce Development Board of Contra Costa Director to provide program services through the Contra Costa Office of Education for the West County summer youth program and APPROVE and AUTHORIZE the Contra Costa County Auditor-Controller to pay the Contra Costa County Office of Education up to $33,000 for services delivered in the West County summer youth program from May 1, 2008 through October 30, 2008. FISCAL IMPACT: $33,000 % Federal, Workforce Investment Act (WIA) Youth Funds BACKGROUND: In 2008, the Employment and Human Services Department, Workforce Development Board collaborated with the Contra Costa County (CCC) Office of Education to deliver summer youth program services in West County. The services provided by the CCC Office of Education included payroll, case management, employability workshops, and orientations to participating employers. Due to an oversight, no contract (California Government Code section 26227) was developed for the delivery APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Michael Roetzer, 3-1582 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.82 To:Board of Supervisors From:Joe Valentine, Employment & Human Services Director Date:December 15, 2009 Contra Costa County Subject:Ratification of Service Delivery BACKGROUND: (CONT'D) of the services. The West County youth program was developed and implememnted and served 37 Workforce Investment Act eleigible youth from May 1, 2008 through October 8, 2008, resulting in CCC Office of Education unpaid expenses of up to $33,000. CONSEQUENCE OF NEGATIVE ACTION: CHILDREN'S IMPACT STATEMENT: RECOMMENDATION(S): Acknowledge receipt of the Auditor-Controller’s Annual Supplemental Law Enforcement Services Fund (SLESF) Summary Report for the 2008/09 fiscal year. FISCAL IMPACT: None BACKGROUND: Government Code Section 30063 requires the County Auditor-Controller to file a public consolidated report, annually with the Supplemental Law Enforcement Oversight Committee and the Board of Supervisors detailing allocations from the SLESF for the entirety of the immediately preceding fiscal year. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Analiza Alejandrino, 646-1248 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Timothy Ewell, County Administration, Alaliza Alejandrino, Special Accounting C.83 To:Board of Supervisors From:Stephen Ybarra, Auditor-Controller Date:December 15, 2009 Contra Costa County Subject:Acknowledge Receipt of Annual Summary Report on Supplemental Law Enforcement Services Fund Activity ATTACHMENTS SLESF Annual Report Summary 2008-09 FY 08-09 Summary Comparison Revenue and Expenditure Summary Supplemental Law Enforcement Fund Fund 114300 - Supplemental Law Enforcement Fund BUDGET DESCRIPTION UNIT REVENUE EXPENDITURES NET DA - Criminal Prosecution 0241 $218,615.74 $447,579.60 -$228,963.86 Sheriff - Jail Construction & Ops 0262 $216,015.74 $1,524.51 $214,491.23 Front Line Enforcement - County 0263 $116,444.82 $894,832.62 -$778,387.80 Front Line Enforcement - Cities 0264 $2,000,000.00 $2,000,000.00 $0.00 Probation - Juvenile 0311 $2,089,639.33 $2,089,639.00 $0.33 TOTAL $4,640,715.63 $5,433,575.73 -$792,860.10 The attached reports show the revenue and expenditure detail for the 2008/09 fiscal year, as reported here. 1) All 2008/09 revenue and expenditure transactions posted between 07/01/08 - 07/13/09 appear in the revenue and expenditure ledgers for each budget unit. 2) The 2008/09 year-end adjustments and journals for the period of 07/14/09 - 09/03/09 appear in the revenue and expenditure details for each budget unit. The final revenue and expenditure ledgers listing all 2008/09 transactions will not be available until December 2009; therefore, in order to meet the reporting requirements set forth in statute, the above revenue and expenditure information has been derived from the most current and comprehensive information available at this time. We do not expect any material changes to occur between now and the final closing of the books. 2008/09 Comparison 2008-2009 Revenue and Expenditure Comparison Supplemental Law Enforcement Fund Fund 114300 - Supplemental Law Enforcement Fund DESCRIPTION UNIT REVENUE EXPENDITURES feeds fr rev & exp sum fr oversight committee sum feeds fr rev & exp sum BUDGET PER REV DETAIL PER O C SUMMARY DIFFERENCE PER EXP DETAIL DA - Criminal Prosecution 0241 $218,615.74 $220,220.76 ($1,605.02)[2]$447,579.60 Sheriff - Jail Construction & Ops 0262 $216,015.74 $218,285.12 ($2,269.38)[2]$1,524.51 Front Line Enforcement - County 0263 $116,444.82 $103,404.09 $13,040.73 [2]$894,832.62 Front Line Enforcement - Cities 0264 $2,000,000.00 $2,000,000.00 [1]$0.00 Not enough information for comparison TOTAL $2,551,076.30 $2,541,909.97 $9,166.33 $1,343,936.73 Analysis of Discrepancies [1] State funding only, does not include interest and other revenues [2] For FY 08/09, all Interest Revenue was booked under 0263 in finance, coding shall be corrected moving forward. [3] Expenditures for budget unit 0262 were erroneously coded under budget unit 0263 in finance. Coding shall be corrected moving forward. The revenue and expenditure detail reports used for this comparison is dated 9/3/09, which is the most current for fiscal year 08-09 as of to date. Page 2 Comparison EXPENDITURES PER O C SUMMARY DIFFERENCE $447,580.00 -$0.40 $450,545.39 -$449,020.88 [3] $445,811.74 $449,020.88 [3] Not enough information for comparison N/A $1,343,937.13 -$0.40 Page 3 RECOMMENDATION(S): Ratify the actions taken by the Health Services Director, or his designee (Wendel Brunner, M.D.), to execute, an Application For Permit to use common area at Hilltop Mall for the seasonal and H1N1 vaccination clinic, held on November 7, 2009. FISCAL IMPACT: None. BACKGROUND: On November 7, 2009, Contra Costa County Health Services Department’s Public Health Division, Flu Immunization Program administered the H1N1 flu vaccination to priority groups living in Contra Costa County in the common area at the Hilltop Mall in Richmond. Due to the emergent nature of responding to the H1N1 pandemic flu outbreak in Contra Costa County, staff were frequently faced with making logistics decisions about mass vaccination clinic locations, supplies and security within short time frams. Consequently, the Health Services Department is requesting the Board ratify this application after the fact. In exchange for renting its facilities to County, it was required to indemnify and APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Wendel Brunner, M.D., 313-6712 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Tasha Scott, Barbara Borbon, Kim Cox C.84 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 15, 2009 Contra Costa County Subject:Use of Hilltop Mall for flu clinic BACKGROUND: (CONT'D) hold harmless the management, the owners and tenants of the Hilltop Mall for claims arising out of use of the facility. ATTACHMENTS RECOMMENDATION(S): As the Board of Supervisors, ADOPT Resolution No. 2009/574 consenting to an allocation of up to $50,000 from the Contra Costa County Redevelopment Agency to the Rodeo Sanitary District to fund a public improvements study program in the Rodeo downtown/waterfront area, and MAKE findings required by Health and Safety Code Section 33445 of public benefit, financial need, and blight elimination as recommended by the Redevelopment Director. FISCAL IMPACT: The project budget is $50,000. No General Funds would be utilized. Rodeo redevelopment funds have been budgeted for this purpose. BACKGROUND: A key objective of the Rodeo Redevelopment program is to rehabilitate and upgrade public infrastructure in Downtown Rodeo and at the Rodeo Marina. The Agency has budgeted $4.7 million for Rodeo downtown/waterfront infrastructure improvements. The Rodeo Sanitary District (RSD) would be responsible for preparing preliminary engineering plans and a budget for sanitary sewer improvements that would be included in the larger program. The recommended action will provide the APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Vincent Manuel 335-7232 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.85 To:Board of Supervisors From:Jim Kennedy, County Redevelopment Director Date:December 15, 2009 Contra Costa County Subject:Facilities Design Funding Agreement, Rodeo Sanitary District BACKGROUND: (CONT'D) Rodeo Sanitary District with the necessary funds to accomplish the preliminary engineering studies related to the sanitary sewer improvement design. The Public Facilities Design Funding Agreement (the "Design Funding Agreement") provides $50,000 for the following tasks: Existing Information Review: Proposed Marina Layout Topography RSD Infrastructure Annexation of Marina: LAFCO requirements Other Agency Requirements Number and Type of Connections RSD Fee Requirements Sewage Conveyance: Evaluation of options (gravity flow vs. pumped) Costs for Options Cost/Benefit Analysis of Options Recommendation Pursuant to California Redevelopment Law the Agency may fund public improvements owned by another public agency with the consent of the Board, if the Board finds and determines that : (1) the public improvement will be of benefit to the project area, (2) no other reasonable means of financing the public improvement is available to the community, (3) the public improvement will assist in the elimination of one or more blighting conditions inside the project area; and (4) Agency assistance for the public improvement is consistent with the Agency’s current Implementation Plan. (Section 33445 of the Health & Safety Code). The Design Funding Agreement will help the RSD pay for the cost of the study of necessary sanitary sewer public improvements for the Rodeo Marina. The Design Funding Agreement will allow the RSD to accomplish the preliminary engineering studies related to the sanitary sewer improvement design. The necessary public improvements will benefit the Project Area by helping to spur the redevelopment of a site that is an integral part of the Project Area’s waterfront. The public improvements may lead to the renovation and expansion of the Rodeo Marina, thereby stimulating and expanding the existing uses in the waterfront. The RSD has conducted an analysis of its financial capability to fund the Design Funding Agreement and due to limited availability of general funds, the State’s budget crisis, and the RSD’s funding priorities, the RSD does not currently have sufficient funds to pay for the costs of the preliminary engineering studies related to the sanitary sewer improvement design. On December 8, 2009, the District’s Board of Directors met and approved a resolution making the required finding that the District has no other reasonable means of funding the public improvements. The study and future construction of sanitary sewer improvements in the Rodeo Marina will lead to the renovation and expansion of the Rodeo Marina Facilities to accommodate multiple uses, which may include: a restaurant, marine repair facility, boat docks, boat storage, boat launch, a new harbor master building, lodging, mixed use commercial, and public access. Restoration of the Rodeo Marina would stimulate redevelopment activities in the waterfront area by expanding the existing uses, thus eliminating blighting conditions in the Project Area. The funding of the Design Funding Agreement is consistent with the goals and objectives of the Agency’s current Implementation Plan, including the desire to create and implement a Downtown/Waterfront Improvement Program for the older and more historic section of the Project Area, and to initiate development planning processes for specific reuse sites in the Project Area. Therefore the recommendation includes two actions: 1. As the legislative body for the County, the Board of Supervisors is consenting to the use of Redevelopment funds to pay for studies related to the sanitary sewer improvement design i of the Rodeo Sanitary District, and making the required findings pursuant to Section 33445. In making these findings the Board is, in part, relying on findings made by the Rodeo Sanitary District at its meeting of December 8, 2009; and 2. As the Governing Board of the Redevelopment Agency making certain findings pursuant to Section 33445 of the Health and Safety Code, and approving and authorizing execution of the Design Funding Agreement (a separate Board Order is being submitted for this action). CONSEQUENCE OF NEGATIVE ACTION: If this contract is not authorized, the proposed scope of work will not be able to be accomplished. ATTACHMENTS Resolution No. 2009/574 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/15/2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSE: Resolution No. 2009/574 (1) Approving the appropriation of Fifty Thousand Dollars ($50,000) by the Redevelopment Agency of Contra Costa County (the "Agency") to disburse to the Rodeo Sanitary District (the "District") for the cost of funding a public improvements design program. 2) Making certain findings pursuant to Health and Safety Code Section 33445 in connection with the approval of the assistance by the Agency to the District. Pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.); the "CRL"), the Board of Supervisors of the County of Contra Costa (the "County") has adopted and the Agency is responsible for implementing, among other redevelopment plans, the Redevelopment Plan (the "Redevelopment Plan") for the Rodeo Redevelopment Project Area (the "Project Area"), as adopted by Ordinance No. 90-50 on July 10, 1990, and amended by Ordinance No. 94-66, adopted on December 6, 1994; as further amended by Ordinance No. 99-08, adopted on February 23, 1999; and further amended by Ordinance No. 2002-16, adopted on May 21, 2002. The Redevelopment Plan sets forth a plan for redevelopment of the Project Area. The Agency is responsible for administering the Redevelopment Plan to cause redevelopment of the Project Area, including removal of blighting conditions in the Project Area. To assist in implementing the Redevelopment Plan and the County's other redevelopment plans, the Agency has adopted and amended a five-year implementation plan (the "Implementation Plan") pursuant to Section 33490 of the Redevelopment Law. The approximately 12.8 acre Rodeo Marina site, formerly known as Bennett’s Marina, is owned by Rodeo LLC, a California limited liability company, and is an integral part of the Rodeo Project Area’s waterfront. Rodeo LLC, intends to renovate and expand the existing Rodeo Marina facilities to accommodate multiple uses, which may include: a restaurant, marine repair facility, boat docks, boat storage, boat launch, a new harbor master building, lodging, mixed use commercial, and public access. The restoration of the Rodeo Marina would stimulate redevelopment activities in the waterfront area by expanding the existing uses, thus eliminating blighting conditions. Rodeo Marina is in need of capital improvements in order create a redevelopment catalyst site within the Rodeo Project Area. Without such rehabilitation and upgrading, the task of redevelopment of the Rodeo Project Area will be impeded. The District lacks the capital resources to fund the design and implementation of the necessary rehabilitation and upgrading of the necessary sewer facilities required to redevelop the Rodeo Marina. To implement the Redevelopment Plan in a manner consistent with the Implementation Plan, and to further the Agency's and District’s mutual objectives for the rehabilitation and upgrading of public improvements in Downtown Rodeo and the Rodeo Marina and in furtherance of the elimination of blight in the Rodeo Project Area, the Agency intends to allocate an amount up to Fifty Thousand Dollars ($50,000) to provide a public facility design grant to pay for the costs associated with the design of the rehabilitation and upgrading of public improvements in Downtown Rodeo and the Rodeo Marina in accordance with the scope of work for designing the needed public improvements (the "Design Program") set forth in the Public Facilities Design Funding Agreement for Rodeo Sanitary District (the "Design Funding Agreement") The funding of the Design Program pursuant to the requirements set forth in the Design Funding Agreement will address the goals and objectives of the Redevelopment Plan for the Project Area by alleviating blighting conditions and stimulating redevelopment activities in Downtown Rodeo and the Rodeo Marina. The approval and funding of the Design Funding Agreement is consistent with and will promote the goals and objectives identified in the Agency's Implementation Plan. In connection with the Board's consideration of this resolution, a staff report (the "Staff Report", incorporated herein by reference), which sets forth facts supporting the findings made in this resolution pursuant to Section 33445 of the CRL, has been prepared to accompany this resolution. Pursuant to Section 33445 of the CRL, the Agency is authorized, with the consent of the County and the District, to pay part or all of the value of the cost of the Design Program for the public improvements pursuant to the terms of the Design Funding Agreement. By Resolution No. 2009/573, the Agency is concurrently giving its consent to pay the cost of the Design Program and made the required findings pursuant to Section 33445 of the CRL. On December 8, 2009, by Resolution No. 2009/05, the District gave its consent to the Agency to pay the cost of the Design Program and made the required findings pursuant to Section 33445 of the CRL. NOW, THEREFORE, BE IT RESOLVED, that the Board finds that the above recitals are accurate. BE IT FURTHER RESOLVED, that the Board hereby finds and determines that: (a) the Design Program will be of benefit to the Project Area; (b) no other reasonable method of financing the funding of the Design Program is available to the community; (c) the Design Program will assist in the elimination of one or more blighting conditions inside the Project Area; and (d) Agency assistance for the Design Program is consistent with the Agency's current Implementation Plan. The factual and analytical basis used by the Board in making these findings and determinations is set forth in the Staff Report, and materials regarding the Design Program provided to the Board. BE IT FURTHER RESOLVED, that the Board hereby approves the granting of Agency Funds to the District for the Design Program as set forth in this resolution. BE IT FURTHER RESOLVED, that the approval of this Resolution, the Design Program, and the Design Funding Agreement is categorically exempt from the requirements of the California Environmental Quality Act pursuant to 14 California Code of Regulations Section 15262, in that the project only involves feasibility or planning studies for possible future actions which have not been approved, adopted or otherwise funded by the County. BE IT FURTHER RESOLVED, that the Board designates the Redevelopment Director as the custodian of the documents and other material which constitute the record of proceedings upon which the decision herein is based. These documents may be found at 2530 Arnold Drive, Suite 190, Martinez, CA 94553. BE IT FURTHER RESOLVED, that this Resolution shall take immediate effect from and after its passage. Contact: Vincent Manuel 335-7232 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: RECOMMENDATION(S): DECLARE as surplus and AUTHORIZE the Purchasing Agent, or designee, to dispose of vehicles no longer needed for public use as recommended by the General Services Director. FISCAL IMPACT: There is no fiscal impact associated with approval of recommended action. BACKGROUND: Section 1108-2.212 of the County Ordinance Code authorizes the Purchasing Agent to dispose of any personal property belonging to Contra Costa County and found by the Board of Supervisors not to be required for public use. The property for disposal is either obsolete, worn out, beyond economical repair, or damaged beyond repair. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 925-313-7120 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: GSD - Administration, GSD - Accounting, GSD - Fleet Svs., Auditor - Controller, County Administrator, GSD - Purchasing, GSD - Surplus C.86 To:Board of Supervisors From:Michael J. Lango, General Services Director Date:December 15, 2009 Contra Costa County Subject:Disposal of Surplus Property ATTACHMENTS Surplus Vehicles ATTACHMENT TO BOARD ORDER Department Description/Unit/Make/Model Serial No. Condition A. Obsolete B. Worn Out C. Beyond economical repair D. Damaged beyond repair EHS 2000 CHEVY #0452 (35096 Miles) 1G1ND52J3Y6319973 C GSD 1995 CHEVY #1420 (83481 Miles) 1G1LD55M2SY252887 C GSD 1998 FORD #4493 (120796 Miles) 1FTPE24L5WHB92106 B Health Services 1998 FORD #4477 (101989 Miles) 1FBNE31L3WHA90390 B Sheriff 2006 FORD #0755 (116397 Miles) 1FAFP53U66A145568 C Sheriff 2005 CROWN #2504 (93863 Miles) 2FAFP71W15X135472 B Sheriff 1999 CHEVY #5199 (37656 Miles) 1GCCS14X8XK229724 C RECOMMENDATION(S): ACCEPT report from the Local Child Care and Development Planning Council on activities during calendar year 2009 relating to the implmentation of the Comprehensive Countywide Child Care Plan for 2008-2011 and the 2009 Annual Report, as recommended by the Family and Human Services Committee. FISCAL IMPACT: None BACKGROUND: On November 16, 2009 the Family and Human Services Committee received a report fromt he Local Child Care Planning Council for Child Care and Development on the Countywide Child Care Plan and their 2009 annual report. The Committee accepted both reports, thanked the Local Child Care Planning Council and requested that the reports be submitted to the Board of Supervisors for their acceptance. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Dorothy Sansoe, 925-335-1009 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.87 To:Board of Supervisors From:Family and Human Services Committee Date:December 15, 2009 Contra Costa County Subject:Local Planning Council Plan Update and Annual Report ATTACHMENTS LPC Report Page 1 of 3 M E M O R A N D U M DATE: November 16, 2009 TO: Family and Human Services Committee Supervisor Federal D. Glover, District V, Chair Supervisor Gayle B. Uilkema, District II, Vice Chair Contra Costa County Office of Education Dr. Joseph A. Ovick, Contra Costa County Superintendent of Schools FROM: Dr. Susan Magnone, Associate Superintendent, Educational Services on behalf of Ruth Fernández, LPC Coordinator/Manager, Educational Services SUBJECT: 1) Contra Costa County Local Planning Council for Child Care and Development Countywide Child Care Plan Update - Referral # 92 2) Annual Report and Self Evaluation from the Contra Costa County Local Planning Council for Child Care and Development (LPC). RECOMMENDATION(S): 1. ACCEPT the below written report of activities during calendar year 2009 for the Contra Costa County Local Planning Council for Child Care and Development (LPC) as they relate to the implementation of the Comprehensive Countywide Child Care Plan 2008-2011 in the following goal areas: 1) Promote Access to Quality Child Care, 2) Develop and Nurture A Trained Workforce, 3) Foster and Promote Coordination and Collaboration with the Community, 4) Advise Sponsoring Entities on Local Issues and Priorities in Child Care and Development. MAJOR ACTIVITIES AND ACCOMPLISHMENTS DURING REPORTING PERIOD (JUNE 2009-OCTOBER 2009) 1. Promote Access to Quality Child Care The LPC implemented the requirements of California Education Code (EC) Section 8275.5 known as the Voluntary, Temporary Transfer of Funds program. This legislation requires the LPC to facilitate a process in which funds from an agency under earning their contract slots can be transferred to an agency over earning their contract slots. The purpose of the program is to ensure that all of the state allocated funds are used to provide child care services where needed. To implement this program the LPC first reviewed the Conflict of Interest clause of the LPC by- laws and then approved a policy outlining the process. On October 19, 2009 the LPC Coordinator conducted an informational meeting on the transfer process for State-funded Program Administrators. Page 2 of 3 2. Develop and Nurture a Trained Workforce For the past eight years the LPC has provided a variety of financial incentives to individuals completing courses, permits and degrees in early care. Since July of 2009 the AB212 Professional Development Program has undergone major changes. First, the amount of funds available for incentives was reduced by half due to budget cuts. A new and limited menu of incentives was developed based on priorities set by the LPC. Course completion is the first priority with degree completion the second priority. The incentive dollar amount for these priorities was reduced by 1/3. The intent of the incentive menu is to give some incentive to as many individuals as possible even though it will be a smaller incentive than in the past. Another important change in Professional Development this year is the piloting of a Center-Based Team Model. The Center-Based Model strives to support state-funded programs in identifying areas for staff growth based on the needs of the children they serve. Five centers have received grants to implement the professional development plan they submitted to the LPC. The amount of the grants range from $4,000 to $7,990. This is a pilot year for the Centered-Based Program and it will be monitored and evaluated to determine the success of the program and ways to improve it. 3. Foster and Promote Coordination and Collaboration with the Child Care Community Collaboration is an ongoing process for the LPC members and the COE staff members. Examples include attendance at Cross Agency Coordinating meetings, Professional Development planning meetings with the community colleges and First 5, involvement in the Water cooler Workforce Development, co-sponsorship of the Walnut Creek Arts event for young children, serving on the California Preschool Instructional Network Advisory Board and participation in developing the Preschool Makes a Difference pilot. 4. Advise Sponsoring Entities on Local Issues and Priorities in Child Care and Development The LPC held a very successful Sixth Annual Young children’s Issues Forum on October 17th 2009 at Diablo Valley College. The elected officials and representatives on the panel included Barbara Johnson, District Director for Congressman George Miller, Senator Mark DeSaulnier, Senator Loni Hancock, Assemblymember Joan Buchanan, Craig Cheslog, District Director for Assemblymember Tom Torlakson, Joseph A. Ovick, Contra Costa County Superintendent of Schools, Joe Valentine, Director Employment & Human Services Dept., Cheri Pies, Director Family, Maternal & Child Health Programs. The program began with statements by Joe Valentine, Cherie Pies and Joe Ovick on the status of children in Contra Costa County. The elected officials and representatives each responded to the issues raised. The audience then asked questions of the panel members. The format allowed for issues of importance to both the audience and the elected officials to be presented and discussed. The LPC continues to implement the Comprehensive Countywide Child Care Plan and to inform the County Board of Supervisors and the County Superintendent of Schools of progress in meeting the objectives. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): California Education Code (EC) Section 8231 requires the LPCs to prepare a comprehensive countywide child care plan designed to mobilize public and private resources to address identified needs. Page 3 of 3 RECOMMENDATION(S): 2. ACCEPT the attached LPC Annual Report and LPC Summary of Self Evaluation from the Contra Costa Local Planning Council for Child Care and Development (LPC). The findings are a reflection of activities undertaken from 7/1/2009-10/31/2009. The attached report was reviewed, discussed and approved by the LPC Executive Committee at the meeting held on November 9, 2009 from 9:00-11:00 a.m. at the Contra Costa County Office of Education. Attached is a copy of the sections of the California Education Code (EC) that pertain to the Key Dimensions in each compliance item of the LPC Summary of Self Evaluation. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Per CDE/CDD, the LPC Annual Report form (CD-2934) and the LPC Summary of Self Evaluation form (CD-2935) must be submitted to the CDD by November 15, 2009. Failure to comply with this requirement may be considered a noncompliance issue and subject the contractor to possible termination of the contract. RECOMMENDATION(S): ACCEPT report on the activities and achievements of the Contra Costa County Service Integration Program, as recommended by the Family and Human Services Committee. FISCAL IMPACT: None. BACKGROUND: On November 16, 2009 the Family and Human Services Committee received a report from the Employment and Human Services Department, Service Integration Program on the activities and achievements. The Committee accepted the report, thanked staff for their efforts in the community and requested that the report be forwarded to the Board of Supervisors for review and acceptance. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Dorothy Sansoe, 925-335-1009 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.88 To:Board of Supervisors From:Family and Human Services Committee Date:December 15, 2009 Contra Costa County Subject:Accept Report on the Service Intgegration Program ATTACHMENTS SIT Report TO: Family and Human Services Committee Supervisor Federal D. Glover, District V, Chair Supervisor Gayle B. Uilkema, Vice Chair FROM: Paul Buddenhagen, Program Manager, Service Integration Program SUBJECT: Report on the Contra Costa County Service Integration Program DATE: November 16, 2009 RREECCOOMMMMEENNDDAATTIIOONN ACCEPT the attached report on the activities and achievements of the Contra Costa County Service Integration Program. EEXXEECCUUTTIIVVEE SSUUMMMMAARRYY Established in 1994, the Contra Costa County Service Integration Program co-locates County and non-profit agency service providers and community residents in neighborhood-based centers to provide accessible, coordinated public services tailored to meet the specific needs and goals of low-income families, while also engaging families in resident-driven efforts to revitalize their communities. The success of this program’s Service Integration Team (SIT) model stems from the synergistic relationship between its two key program components: (1) integrated case management services and (2) neighborhood-building activities. The Service Integration Program is widely recognized as a leader in the development of successful strategies that improve outcomes for low-income children, youth and families. Key Service Integration innovations include:  Developing new paradigms of inter-agency collaboration and creating necessary tools to support this work, including cross-agency information-sharing protocols, an integrated case management system and an effective family conferencing model.  Redefining County-community partnerships to help fundamentally shift the way in which our public agencies work with residents of low-income communities.  Launching new initiatives and strategies, such as free tax preparation services (Volunteer Income Tax Assistance), community career centers, employment -focused service delivery, County--Schools projects, the Supporting Fathers Involvement Program, and others.  Serving as a local model of public sector “systems change” by implementing performance-based results and new strategies for leveraging public and private investments. 2 The success of the Service Integration model is evident in the measurable improvements achieved in the lives of the children, families and communities it serves. Recent exam ples of Service Integration Program outcome measures include:  For the 2009 tax season SIT’s Bay Point Works’ staff prepared and filed 438 tax returns – more than any other site in the County -- saving low-income community residents more than $43,000 in filing fees, while helping put more than $700,000 in federal tax refunds back in the pockets of working poor Bay Point residents (and circulating in the local economy). Significantly, $246,797 in Earned Income Tax Credit and $167,989 in Child Tax Credits were returned to families for whom Bay Point Works staff prepared and filed taxes. EITC is the single most effective government program in lifting people out of poverty.  North Richmond SIT completed work on the first phase of the Supporting Father Involvement Program which culminated in the associated researchers publishing a groundbreaking study on the importance of including fathers in social services work. This research and intervention represents the first randomized, controlled clinical trial focused on father involvement in low-and middle-income families. The study compared father-only and father-mother interventions with each other, against a control group, and evaluated the impacts on families and children. The research confirms that when fathers become more involved in parenting - and in working with mothers as co-parents and partners - the result is healthier families and healthier children. Parents experience reduced stress and anxiety, a re more satisfied with their relationship, and children are less hyperactive and aggressive. This year, SIT received a subsequent three year grant to apply the SFI program to families in the child welfare system. This means that through 2012, SIT will enroll 60 child welfare families into the Supporting Father Involvement Program. These families will receive 11 weeks of SFI group support where they will learn concrete skills on how to improve their relationships. They will also receive 18 months of case management support, reducing barriers to leading healthy, safe and supportive lives. Our expectation – and we are explicitly measuring this - is that these families will avoid reentry into the Child Welfare System, thus preserving families and saving money for the County.  In partnership with Helms Middle School in San Pablo, SIT’s Helms Involving Parents program last year helped reduce absenteeism by nearly a 1%, resulting in 1,323 more school days attended in 2008-09 than in the previous year. This netted the West Contra Costa County Unified School district an additional $11,000 in ADA revenue. Based on this success we have launched the Nystrom Involving Parents program this year. Due to the effectiveness of this model, the Service Integration Program has received local, state and national awards; has been the subject of articles and research studies; and frequently is represented by Service Integration staff at conferences as a “best practice” model. The Service Integration Program has been successfu l in leveraging its positive outcomes to raise money for new innovative programs that benefit Contra Costa’s most impoverished 3 families. The chart below contrasts SIT’s private revenue with net county cost during the past eight years. SIT Funding: NCC vs Grant Revenue; 2000-2010 $- $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 2000/01 2002/03 2004/05 2005/06 2006/07 2007/08 2008/09 2009/10 NCC Non County Revenue As public and private budgets continue to constrict during these challenging times the obstacles associated with maintaining the Service Integration Program will remain great despite the unquestionable value of our services. We will redouble our efforts to seek new and creative approaches to support this important program. BBAACCKKGGRROOUUNNDD Established in 1994, the Service Integration Program is a multi-disciplinary collaboration of three Contra Costa County departments (Employment & Human Services, Health Services and Probation), two school districts, community-based organizations (CBOs) and neighborhood residents. The Service Integration Program’s two Family Service Centers were designed to take an innovative approach to working with families that historically have posed some of the greatest challenges to service providers: families involved in two or more county systems who live in the County’s most economically disadvantaged communities. This unique model co-locates County and non-profit agency service providers and community residents in neighborhood-based centers to provide accessible, coordinated public services tailored to meet the specific needs and goals of low-income families, while also engaging families in resident-driven efforts to revitalize their communities. 4 The success of the Service Integration Program model stems from the synergistic relationship between its two key program components: (1) integrated case management services and (2) neighborhood-building activities. The integrated case management services component places cross-disciplinary Service Integration Teams comprised of Substance Abuse and Mental Health Counselors, Employment Specialists, Probation Officers, School Family Resource Workers, Social Workers and other specialists in Family Service Cen ters located in Bay Point and North Richmond. Based on the premise that the challenges facing low-income families and communities are inter-related, these teams embrace a holistic approach. The teams focus on the whole family unit, rather than just the individual, and build upon family strengths to provide services driven by and customized to each family’s unique circumstances. In addition to providing families with more personalized services in the communities where they live, this multi-disciplinary approach produces a comprehensive, consistent strategy for each family, reducing conflicting expectations and demands made by different programs. The Service Integration Program’s two neighborhood-building projects, Bay Point Works (BPW) and the North Richmond Empowerment Collaborative (NREC), were born out of the recognition that an integrated team of county and community-based organization staff was a necessary, but not sufficient mechanism for addressing the full range of challenges facing the communities of Bay Point and North Richmond/San Pablo. BPW and NREC were designed to harness the talents and skills of neighborhood residents in the process of revitalizing their communities. This strategy has galvanized the creation of highly innovative and suc cessful programs (designed specifically by and for community members) that support and build upon local cultures and traditions and fill critical gaps in the formal service delivery system. Perhaps most important of all, the neighborhood -building projects have expanded the long- term capacity of the Bay Point and North Richmond/San Pablo communities by developing the skills of numerous neighborhood residents and providing opportunities for them to give back to their communities and build stronger connections in the neighborhoods where they live. BPW’s community-building efforts started with the establishment of the Bay Point Community Career Center in May 1998 and have expanded steadily from there. Every year since, BPW has strengthened its services and, in turn, helped more and more Bay Point residents get jobs, keep jobs and move up the job ladder. In recent years, BPW has offered a number of supportive services that go well beyond the traditional employment services package, such as free income tax preparation for low-income Bay Point workers to help them capture the benefits of the Earned Income Tax Credit (EITC) and free structured activities for the young children of “working poor” parents during school holidays. NREC’s community-building activities also initially focused on boosting neighborhood employment. Early successes included reinstituting night bus services in North Richmond, creating several in-home family day care centers and establishing the North Richmond Community Career Resource Center, which continues to serve neighborhood residents after having been spun off to a CBO in 2000. After making a number of strides in the area of employment, NREC decided to take on an issue of great importance to neighborhood residents: low levels of student success and parental involvement at Verde Elementary School. This focus resulted in the establishment of NREC’s Verde Involving Parents (VIP) Program, which has played a critical role in initiating and sustaining the renaissance of Verde 5 Elementary School over the past seven years. With private foundation support, the VIP program was recently expanded to Helms Middle School, which is where kids leaving Verde go to continue their education. This report to the Family and Human Services Committee of the Board of Supervisors summarizes some of the Service Integration Program’s key innovations and contributions to improving the wellbeing of Contra Costa children, families and communities over the past 14 years. SSEERRVVIICCEE IINNTTEEGGRRAATTIIOONN PPRROOGGRRAAMM AASS AA LLEEAADDEERR IINN ““BBEESSTT PPRRAACCTTIICCEESS”” Since its inception over a decade ago, the Service Integration Program has emerged as a leader in the development of successful strategies that improve outcomes for low-income children, youth and families. The Service Integration Program reaches far beyond the traditional “agency service provider” model by involving low-income residents as integral partners in the process of addressing the needs and aspirations of the neighborhoods where they live. This small, inter-agency program draws down flexible funding from private foundations and outside contracts to complement more traditional federal, state and county funding streams. As a result, Service Integration has managed to maintain a flexibility and inventiveness unusual to public sector agencies. SIT has launched programmatic, fiscal and organizational innovations that have laid the foundations for the development of more effective and efficient services to children, families and communities countywide. Due to the effectiveness of the Service Integration model, Contra Costa County has received local, statewide and national recognition and has been the subject of research papers and studies, including: North Richmond Gets Its Buses Back: How a Poor Community and an Urban Transit Agency Struck Up a Partnership (Institute of Governmental Studies Press, University of California, Berkeley, 1999), which focuses on NREC’s successful strategy for partnering with A.C. Transit to bring night-time bus service back to North Richmond; and A Case Study on North Richmond (Abt Associates, on behalf of the Ford Foundation, 2004), which highlights the VIP Program as a successful model of school -community revitalization. The latter study credits VIP as being “largely responsible for the major improvements in school attendance, parent involvement and student behavior that have taken place at Verde…” Last year the National Center for Children in Poverty at Columbia University highlighted SIT’s VIP program as a best practice intervention in their report, Present, Engaged, and Accounted for: The Critical Importance of Addressing Chronic Absenteeism in the Early Grades Some of the Service Integration Program’s major areas of innovation are summarized below:  Inter-Agency Collaboration: Service Integration has been at the vanguard of Contra Costa’s efforts to develop effective models of collaboration and cross- program and -agency partnerships, paving the way for greater collaboration countywide. Service Integration has developed new organizational structures to support this collaboration at the management oversight level (e.g., the inter-agency Service Integration Executive Oversight Committee), as well as at the frontline service delivery level (e.g., multi-disciplinary teams). The infrastructure and tools established through Service Integration’s partnership model and the relationships that have formed as a result have laid the groundwork for and facilitated the success of many other inter-agency initiatives. 6  County-Community Partnerships: Service Integration has redefined relationships between public agencies and residents of low-income neighborhoods while developing a viable model for bridging the all too common gap between agency “service providers” and the communities they serve. In 1997, in the wake of Federal Welfare Reform, each of the SIT sites engaged neighborhood residents in planning efforts to determine how these communities could succeed in this new policy environment. These efforts resulted in the establishment of two innovative community-building projects, Bay Point W orks and the North Richmond Empowerment Collaboration. Last year we surveyed Bay Point residents to find out how we could better help them into economic stability. The results of this survey will lead the way in our effort to partner with community based nonprofit organizations.  Cross-Agency Information-Sharing: Working together, key Service Integration partner agencies (i.e., EHSD, CCHS, Probation, CAO) and County Counsel developed Contra Costa’s first informed consent agreement for integrated services in 1994. This confidentiality release gives permission for Service Integration staff from participating agencies to share information to better serve families. This “Agreement to Participate” form served as a model for more recent integrated services programs, such as the mental health “Spirit of Caring” Initiative, and contributed to the establishment of the Service Integration Program as Contra Costa’s first official “Multi-Disciplinary Children’s Services Team”.  Outcomes/Performance-Based Accountability: Service Integration spearheaded Contra Costa County’s early efforts to implement performance -based accountability. In the early- and mid-1990’s, the inter-agency Service Integration Management Team developed a set of meaningful outcomes that could be used to evaluate the success of the Service Integration Program by concretely measuring the program’s impact on the lives of children and families. Service Integration staf f has diligently tracked these program results since 1996. Service Integration’s novel approach led to wider adoption of outcome measures by other County programs and laid the groundwork for the 1997 establishment of Contra Costa’s Children and Families Report Card.  Leveraging Public and Private Investments: Service Integration has designed its fiscal strategy around encouraging private foundations and other funders who do not typically support county ventures to invest in innovation in the public sector. SIT currently has commitments of more than $1,200,000 from non county private and public sources to fund a variety of family support projects through 2012. Through its strong track record of capturing measurable results, promoting public-private partnerships and engaging community residents in the process of bettering their neighborhoods and their lives, Service Integration has helped to convince many new funding partners that investments in the public sector can galvanize sustainable individual, family, neighborhood and systems change.  Holistic, Integrated Case Management System: The Service Integration Program pioneered the County’s first integrated case management process. Focusing on the whole family unit, rather than just the individual, this process allows SIT staff to build upon family strengths and provide services driven by and tailored to each family’s unique needs. Service Integration created the Family Assessment Record to support the development of comprehensive plans for addressing issues i n a range of interdependent life domains, such as child care, child and adult health, 7 transportation, school, employment and other social supports. First developed in 1995, this tool and the SIT case management process as a whole have been refined over the years to support continuous improvement and better integration of Service Integration services. SIT staff, funded by a generous grant from the S.H. Cowell Foundation is nearing the end of a 1.5 year project to re -evaluate the case management model and make updates.  Family Conferencing: The Service Integration Program’s “Family Conferencing” model brought a new way of doing business to Contra Costa County. Service Integration began conducting inter-agency case conferences with client families in the mid-1990s. The success of our family conferencing model helped open the doors for similar family-focused models in Contra Costa, such as “Wraparound” in Children’s Mental Health and “Team Decision Making” in Children and Family Services.  Employment-Focused Service Delivery: In 1995, prior to the passage of Welfare Reform, Service Integration was the first County program to implement an employment-focused service delivery model. The Service Integration model transitioned “eligibility workers” into “employment case managers” and tapped into the resources of all disciplines to move welfare recipients into the workforce. Due to the effectiveness of this model, the Service Integration Program was invited to co - develop EHSD’s redesign plan for restructuring its eligibility determination function into an employment-focused service delivery strategy.  Free Tax Preparation Services (Volunteer Income Tax Assistance): In 2003, the Service Integration Program piloted the Volunteer Income Tax Assistance (VITA) free tax preparation model at the Bay Point and North Richmond SIT sites. Based on the success of this pilot, Service Integration played a lead role, along with a number of other partner agencies, in launching a countywide VITA campaign in 2004: Earn It! Keep It! Save It! Contra Costa. This year, the Bay Point Works VITA site filed more tax returns than any of the County’s thirteen VITA sites.  Community Career Centers: In May 1998, the Bay Point SIT’s BPW project established the Bay Point Community Career Center, a forerunner to the County’s One-Stop Career Center system. In January 2000, NREC established a second Community Career Center in North Richmond. The Career Centers introduced community-based employment resources delivered via a neighbor-helping-neighbor model to the communities of Bay Point and North Richmond. The Bay Point Community Career Center continues to be a heavily utilized hub in the community; 6,542 people have enrolled as members of the Career Center since it opened in 1998!  Verde Involving Parents (VIP): Service Integration’s VIP Program, established in February 2001, has reaped impressive results. VIP is a team effort of parents, students, teachers and county agencies and non -profit organization staff who live and work in North Richmond. Their goal: get our children to school – every day, on time and ready to learn. Due to the dramatic impact of VIP on student attendance and parent involvement at Verde Elementary School, the West Contra Costa Unified School District (WCCUSD) invested $125,000 in the VIP Program during the 03/04 and 04/05 school years. During the first half of 2004, at the request of WCCUSD Superintendent Dr. Gloria Johnston, the VIP staff and managers met with principals and staff from four low-performing elementary schools to offer technical assistance 8 and training on the VIP school improvement model. In summer 2004, the VIP Program presented the WCCUSD with a Training Handbook to support its VIP replication efforts. In the last year SIT has expanded by working with parents, teachers and administrators at Nystrom Elementary School and Helms Middle School to implement the “involving parents’ model at those two schools.  Supporting Father Involvement (SFI): We are pleased to offer an evidence based program that improves families’ lives to Contra Costa County. Service Integration’s North Richmond family service center is one of five sites statewide to provide the SFI program. For the next three years, SFI will be working with families in the child welfare system to reconnect fathers with their families and increase protective factors so that they stay healthy. SSIITT AAss aa MMooddeell ffoorr CChhaannggee iinn tthhee NNeeww ((aanndd bbaadd)) EEccoonnoommyy One of the Service Integration Program’s strengths is its flexibility to respond to local, community need in a collaborative, public-private, outcomes focused way. This dexterity has allowed SIT to pilot many new ideas that were then replicated in other locations. Not in decades has the economic landscape been as rocky and challenging as it is now. Unemployment rates are at 25 year highs, obesity is more prevalent than ever, school test scores are falling and budgets of all institutions have cratered. How health and human services agencies respond to this crisis to remake the social safety net will be a serious challenge. The Service Integration Program will take up this challenge by working closely with local residents, county departments, nonprofit agencies, schools, community colleges, private foundations, and businesses to rethink and reorganize a fractured and wobbling safety net system. Building a new system that builds collaborative goals and brings leveraged resources to bear on the problems of poverty will be the focus of the near future for SIT. IMPROVING THE SIT MODEL - The Service Integration Program has an unwavering commitment to delivering high-quality, comprehensive services to residents of Bay Point and North Richmond/San Pablo – even in the face of diminishing public funds. However, SIT’s strategies and structure have not changed much in the past decade. Despite SIT’s positive, measurable outcomes in that time frame, the need for systemic and replicable approaches to helping low income Contra Costa County communities improve their lives compels us to look for new approaches to old problems. SIT is nearly finished with a set of recommendations for change based on a year-long assessment of strengths and weaknesses, informed by: SIT staff, other Department staff, community members, foundation staff, and an expert consultant. Some of the elements of a restructured SIT will likely include a new focus on reducing poverty, modifying the current assessment tools, adding new nonprofit partners, a new, on-line (and secure) data & case management system, and the identification of outcomes related to debt reduction, income stabilization, and asset building. We are hopeful that the new SIT will be a model for change that can be adopted in other areas of the County. RECOMMENDATION(S): ACCEPT report from the Health Services Department, Public Health Division, on their efforts to prevention the spread of HIV infections and other diseases and the Needle Exchange Program, as recommended by the Family and Human Services Committee. FISCAL IMPACT: None. BACKGROUND: On November 16, 2009 the Family and Human Services Committee received a report from the Health Services Department, Public Health Division on their efforts to prevent HIV infections and other infectious diseases through the efforts of the Needle Exchange Program. The Committee accepted the report and asked that it be forwarded to the Board of Supervisors for their review and acceptance. CONSEQUENCE OF NEGATIVE ACTION: CHILDREN'S IMPACT STATEMENT: APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Dorothy Sansoe, 925-335-1009 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.89 To:Board of Supervisors From:Family and Human Services Committee Date:December 15, 2009 Contra Costa County Subject:Update on the County's HIV Prevention Efforts and the Needle Exchange Program ATTACHMENTS Needle Exhange Report Needle Exchange Update November 2009 Prepared for the Contra Costa Board of Supervisors by Contra Costa Health Department NEEDLE EXCHANGE In 1999, the Contra Costa Board of Supervisors endorsed a State of Emergency with respect to HIV and AIDS to allow for the provision of needle exchange services. A major interest was to reduce transmission in women and to their unborn children. A State of Emergency declaration is no longer needed if an annual update on activities is provided and public comment is invited. AIDS in Contra Costa County As of December 31 2008, 1,894 individuals were living with AIDS or HIV in Contra Costa. There is no major change in demographics: Approximately 81% are male and 19% are female. African Americans are 31.5% of those living with HIV or AIDS, Whites 47% and Hispanics 17%. The predominant transmission among those living with HIV or AIDS remains men who have sex with other men (MSM). Contra Costa Epidemiology, Surveillance & Health Data (ESHD) AIDS Attributed to Injection Drug Use (IDU) The percentage of new AIDS cases attributed to IDU continues to decline. From 19.9% in the period from January 1 2004 - December 31 2005 To 11% in the period from January 1 2007 - December 31 2008. HIV (only) prevalence attributed to IDU during the same period is 11.6% Infants Testing Positive for HIV Antibodies at Birth Over Time (total n=130. 10 children are diagnosed with AIDS) Stanford University School of Medicine, CA Pediatric HIV Surveillance Data as of August 2009 0 5 10 15 20 25 30 35 40 45 Infants Testing Positive for HIV Antibodies At Birth Reported Chronic Hepatitis C Cases 0 200 400 600 800 1000 1200 1400 1600 Reported Chronic Hepatitis C Cases Law Enforcement Exposures 0 20 40 60 80 100 2004/05 2005/06 2006/07 2007/08 2008/09 Reported Law Enforcement Exposures All Exposures Needlesticks Funding for Needle Exchange County funding reduced last year to $54,000 per fiscal year Offer condoms and other risk reduction materials as available Agency reports they expect an additional $65,000 in private funds this FY but $50,000 of that amount has not yet been confirmed Contacts at Needle Exchange Sites 0 1000 2000 3000 4000 0405 0506 0607 0708 0809 Reported Contacts at Needle Exchange Services Number of Syringes Distributed 0 100,000 200,000 300,000 400,000 0405 0506 0607 0708 0809 Reported Number of Syringes Distributed by Fiscal Year Secondary Exchanges Reported 0 2000 4000 6000 8000 0405 0506 0607 0708 0809 Number of Individuals Reported to be Reached by Needle Exchange Services Other Prevention Strategies to Reduce Transmission of HIV in IDUs Anonymous Partner notification and counseling services Prevention with positives program Homeless collaborative HIV testing services in community and in Alcohol and Other Drugs Services programs. Pharmacy syringe sales (State DPDP / SB 1159) in two chains and a few other stores. Syringe Disposal Options West County Household Hazardous Waste facility 101 Pittsburg Ave., Richmond, CA 94801 1-888-412-9277 East County Delta Household Hazardous Waste Collection Facility 2550 Pittsburg/Antioch Highway, Antioch, CA 94509 925-756-1990 All Contra Costa County residents Sutter Regional Medical Foundation 4053 Lone Tree Way, Antioch, CA 94509 925-756-3400 +PIO.VJS1IBSNBDZ 3PTTNPPS1LXZ 8BMOVU$SFFL $" CONCLUSIONS 1. Access to clean needles through needle exchange and pharmacy syringe services remain a necessary Public Health measure to reduce transmission of blood borne diseases. Downward trends are noted in the percentage of new AIDS cases attributed to Injection Drug Use, the number of children born with positive antibodies to HIV, and the reported number of individuals with Hepatitis C. The availability of needle exchange and pharmacy syringe sales contributes to this trend. 2. Reported local law enforcement exposure to potential blood borne pathogens via needle stick injury has not increased since needle exchange and pharmacy sales have been implemented. Materials for Law Enforcement to document potential exposure and request assistance are available on the website. 3. The contract for needle exchange services remains an important HIV prevention service component and should remain in effect so long as the service is provided. The service is a necessary component of the long-term strategy to reduce transmission of HIV and Hepatitis. RECOMMENDATION(S): ACCEPT the recommendations from the Family and Human Services Committee to carry forward twenty-one referrals from the 2009 Family and Human Services Committee to the 2010 Committee. FISCAL IMPACT: None. BACKGROUND: ACKNOWLEDGE that the Board of Supervisors referred two new items to the Family and Human Services Committee (FHS) for their review and consideration during the 2009 calendar year in addition to nineteen referrals carried over from the prior year. ACCEPT the recommendation to carry forward the following twenty-one referrals from the 2009 Family and Human Services Committee to the 2010 Committee: Referral #1 – Child Care Affordability Fund1. 2. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Dorothy Sansoe, 925-335-1009 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.90 To:Board of Supervisors From:Family and Human Services Committee Date:December 15, 2009 Contra Costa County Subject:Year-End Report on Items Referred to the Family and Human Services Committee BACKGROUND: (CONT'D) Referral #2 – Oversight of the Service Integration Team Referral #5 – Continuum of Care Plan for the Homeless/Healthcare for the Homeless Referral #11 – Oversight of the Work of the Policy Forum Referral #20 – Public Service Portion of the CDBG Referral #25 – Child Care Planning/Development Council Membership Referral #44 – Challenges for EHS Referral #45 – Elder Abuse Referral #56 – East Bay Stand Down for Homeless Veterans (Bi-annual) Referral #58 – County Wide Youth Commission Referral #61 – HIV Prevention Referral #78 – Community Services Bureau/Head Start Oversight Referral #81 – Local Child Care & Development Planning Council Activities Referral #82 – Secondhand Smoke Ordinance Referral #92 – Local Planning Council – Child Care Needs Assessment Referral #93 – Independent Living Skills Program Referral #94 – Children’s Treatment Facility RFP Referral #95 – Child Welfare Improvement Plan Annual Update Referral #96 – Fee for Service Child Care Referral #98 – Mental Health Pavilion – A Review of Services to be Provided Referral #99 – Closure of the Chris Adams Girls Home Between January and December 2009, the Board of Supervisors referred two new items to the Family and Human Services Committee (FHS) in addition to nineteen referrals carried forward from the 2009 year. The FHS Committee heard twenty-five separate reports on eighteen different referrals. Three items were not brought to the Committee for discussion: Referral #56 – East Bay Stand Down for Homeless Veterans, is a bi-annual referral which is only heard in even number years. Referral # 11 – Oversight of the Work of the Policy Forum, was not brought to the Committee because the Policy Forum has been on a temporary hiatus and is only now re-grouping. Therefore, no report was available. Referral #99 – Closure of the Chris Adams Girls Home, was made late in the calendar year and it is not anticipated that this item will be ready to be presented to the Committee until early in the 2010 calendar year. CONSEQUENCE OF NEGATIVE ACTION: CHILDREN'S IMPACT STATEMENT: RECOMMENDATION(S): Ratify the actions taken by the Health Services Director, or his designee (Wendel Brunner, M.D.), to execute, an Application with Contra Costa Community College District for use of its Los Medanos College parking lot for the seasonal and H1N1 vaccination clinic, held on December 6, 2009. FISCAL IMPACT: None. BACKGROUND: On December 6, 2009, Contra Costa County Health Services Department’s Public Health Division, Flu Immunization Program administered the seasonal and H1N1 flu vaccination to priority groups living in Contra Costa County. Due to the emergent nature of responding to the H1N1 pandemic flu outbreak in Contra Costa County, staff were frequently faced with making logistics decisions about mass vaccination clinic locations, supplies and security within short time frames. Consequently, the Department is requesting the Board ratify this application. In exchange for use of its facilities to County, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Wendel Brunner, M.D., 313-6712 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Tasha Scott, Barbara Borbon, Kim Cox C.91 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 15, 2009 Contra Costa County Subject:Use of Los Medanos College parking lot for flu clinic BACKGROUND: (CONT'D) it was required to indemnify and hold harmless the District for claims arising out of use of the Los Medanos College parking lot. ATTACHMENTS Contra Costa Health Services 50 Douglas Drive, Martinez, CA 94553 (925) 646-4690 Kim Cox Parking for Flu Vaccination Clinic X X 12/6/2009 6 AM 4 PM Parking Lots A, 1A, 2A X 5,000 (total for the day) RECOMMENDATION(S): Approve the list of providers recommended by the Contra Costa Health Plan's Peer Review and Credentialing Committee at their November 17, 2009 meeting, and by the Health Services Director, as required by the State Departments of Health Care Services and Managed Health Care, and the Centers for Medicare and Medicaid Services. FISCAL IMPACT: None. BACKGROUND: The National Committee on Quality Assurance (NCQA) has requested evidence of Board approval for each CCHP provider be contained within the provider’s credentials file. The recommendations were made by CCHP’s Peer Review and Credentialing Committee. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary, 313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Tasha Scott, Barbara Borbon, L. Maria Perez C.92 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 15, 2009 Contra Costa County Subject:Approve New and Recredentialing Providers in Contra Costa Health Plan’s Community Provider Network ATTACHMENTS G:\C&G DIRECTORY\C&G DIRECTORY\NON CONTRACTS\bopl-November 09.doc bopl-November 09 Page 1 of 1 Contra Costa Health Plan Providers Approved by Peer Review and Credentialing Committee November 17, 2009 CREDENTIALING PROVIDERS NOVEMBER 2009 Name Specialty Shih, Grace, M.D. Family Planning RECREDENTIALING PROVIDERS NOVEMBER 2009 Name Specialty Barakeh, Joseph, D.O. Ophthalmology Batten, Kristine, M.D. Cardiovascular Disease Chan, Lina, O.D. Optometry Cho, Shaun, M.D. Cardiovascular Disease Coleman, Deborah, CNM Midwife DeVane, Matthew, D.O. Cardiovascular Disease Fong, Susan, M.D. Perinatology Hochstatter, Jeanette, O.D. Optometry Kashkin, Karen, M.D. Family Planning Krouse, John, M.D. Cardiovascular Disease Matin, Bita, DDS Dentist Meyerhoff, Jessamyn, CNM Midwife Nunnink, Francel, DC Chiropractic Pfister, David, M.D. Hematology/ Oncology Pham, An, M.D. Primary Care Pediatrician Port, Bryan, Psy.D. Mental Health Services Rendon, Raymond, BCO Ocularist Ruzicano, Raymond, M.D. Psychiatry Schaefer, Robert, DC Chiropractic Schoenwald, Phyllis, PA Family Planning Seslar, Jon-Paul, DPM Podiatry Shah, Samir, M.D. Ophthalmology Sidhu, Pramodh, M.D. Cardiovascular Disease Wulff, Christopher, M.D. Cardiovascular Disease Yalom, Eve, M.D. OB/GYN RECOMMENDATION(S): Direct the Auditor-Controller to reimburse the Employment and Human Service Department’s (EHSD) Revolving Fund in the amount of $55. FISCAL IMPACT: 70% State funded, 30% County funded. BACKGROUND: Welfare & Institutions Code section 16001.9 relates to expenses for foster children and states: “(13) To attend school and participate in extracurricular, cultural, and personal enrichment activities, consistent with the child’s age and developmental level.” EHSD is required to provide these school-related items to children placed in out-of-home care so that foster children are not denied access to items and activities that children who are not in out-of-home care normally receive. In this instance, staff is asking for reimbursement of a school-related expense through the Revolving Fund’s petty cash account. This type of expense is not currently authorized under the Revolving Fund Board Order that allows for replenishment of the Department’s various petty cash APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 3-1676 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.93 To:Board of Supervisors From:Joe Valentine, Employment & Human Services Director Date:December 15, 2009 Contra Costa County Subject:Authorize Reimbursement to Employment & Human Services Revolving Fund BACKGROUND: (CONT'D) accounts. This type of expense is normally paid through EHSD’s ADM 335 process and charged to the appropriate Children & Family Services funding source. In order to reimburse the EHSD’s Revolving Fund, Board action is required to direct the Auditor-Controller to issue the funds. Funds are reimbursed through a check payable to EHSD, and these funds should be coded to org 5216 option code L15. RECOMMENDATION(S): APPROVE the Preliminary 2010/2011 North Richmond Waste and Recovery Mitigation Fee Expenditure Plan which specifies recommended allocations of the revenue projected to be derived from collection of this Mitigation Fee in 2010/2011 to fund implementation of certain strategies (primarily existing strategies included in the 2008/2009 Expenditure Plan) as well as related staff costs incurred by City of Richmond and County for the development, implementation and oversight of the Expenditure Plan. FISCAL IMPACT: No impact to the County General Fund. The 2010/2011 North Richmond Waste and Recovery Mitigation Fee Expenditure Plan (see Exhibit A) is based on projected revenue from the mitigation fee charged on material and waste processed at the Bulk Material Processing Center (BMPC) located at the West Contra Costa Sanitary Landfill (WCCSL). A Memorandum of Understanding (MOU) between Contra Costa County and the City of Richmond requires that the mitigation fee revenue collected from the Operator (Republic Services) be paid to the County, held in a dedicated separate account and jointly administered for the benefit of the incorporated and unincorporated North Richmond area. Republic Services has projected that a total of $1,177,661 in mitigation fee revenue will be generated in calendar years 2010 and 2011. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: D. Dingman, 925-335-1224 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: LaShonda_Wilson@ci.richmond.ca.us C.94 To:Board of Supervisors From:Catherine Kutsuris, Conservation & Development Director Date:December 15, 2009 Contra Costa County Subject:Preliminary 2010/2011 North Richmond Waste and Recovery Mitigation Fee Expenditure Plan BACKGROUND: The Waste & Recovery Mitigation Fee was established as a result of the Environmental Impact Report (EIR) dated November 2003 for the WCCSL Bulk Materials Processing Center (BMPC) and Related Actions (Project). The Project involved new and expanded processing and resource recovery operations on both the incorporated and unincorporated area of the Project site, which the EIR concluded would impact the host community. To mitigate this impact Mitigation Measure 4-5 called for a Mitigation Fee to benefit the host community, described as follows: “Mitigation Fee. The facility operator shall pay a Mitigation Fee of an amount to be determined by the applicable permitting authority(ies) to defray annual costs associated with collection and disposal of illegally dumped waste and associated impacts in North Richmond and adjacent areas. The mitigation fee should be subject to the joint-control of the City and County and should be collected on all solid waste and processible materials received at the facility consistent with the existing mitigation fee collected at the Central IRRF.” In July 2004, the City of Richmond and Contra Costa County entered into a Memorandum of Understanding (MOU) agreeing to jointly administer Mitigation Fee monies collected from the BMPC for the benefit of the incorporated and unincorporated North Richmond area. The MOU requires that the mitigation fee revenue collected from the Operator (Republic Services) be paid to the County and held in a dedicated separate account. The North Richmond Waste & Recovery Mitigation Fee Joint Expenditure Planning Committee was formed pursuant to the terms of the MOU for the specific purpose of preparing a recommended two year Expenditure Plan. The Committee consists of three Richmond City Council persons, two North Richmond Municipal Advisory Council members, one incorporated North Richmond resident and County Supervisor John Gioia. This Expenditure Plan provides a means to jointly administer the Mitigation Fee revenue for the benefit of the host community, as described in the EIR. Committee staff began implementation of the Expenditure Plan after final approval was granted. It is recommended that most of the Expenditure Plan strategies included in the 2008/2009 Plan be continued through the next two-year funding cycle. The Preliminary 2010/2011 Expenditure Plan includes some strategies that must be approved before the close of 2009 in order to avoid gaps in service. The North Richmond Waste and Recovery Mitigation Fee Joint Expenditure Planning Committee voted to recommend that the City of Richmond City Council and the Contra Costa County Board of Supervisors approve the Preliminary 2010/2011 Expenditure Plan on October 26, 2009 (Exhibit A). There are three existing expenditure plan strategies which are intended to be carried through fall 2010 using 2008/2009 funding allocations. Staff will coordinate another Committee meeting in early 2010 for consideration of recommended funding amounts for these items as well as possibly new strategy recommendations which would be incorporated into an amended Expenditure Plan. The amended 2010/2011 Expenditure Plan would be considered before the Board of Supervisors and Richmond City Council in early 2010. The City and County can not afford to significantly subsidize costs associated with staffing of this Committee and the development, implementation and oversight of the 2010/2011 Expenditure Plan. Therefore, the preliminary 2010/2011 Expenditure Plan allocates funding in the amount of $100,000 for the City’s and County’s administrative staff costs related to the development, implementation and oversight of the 2010/2011 North Richmond Waste & Recovery Mitigation Fee Expenditure Plan. This funding will only be used to reimburse City and County for actual staff costs directly resulting from staffing this committee and for the development, implementation and oversight of the 2010/2011 Expenditure Plan. Staff has included the recommended allocation of $100,000 in the proposed 2010/2011 Expenditure Plan and budget attached. ATTACHMENTS Exhibit A: Preliminary 2010/2011 Expenditure Plan North Richmond Waste & Recovery Mitigation Fee Preliminary 2010/2011 Expenditure Plan INTRODUCTION The Waste & Recovery Mitigation Fee was established as a result of the Draft Environmental Impact Report (EIR) dated November 2003 for the WCCSL Bulk Materials Processing Center (BMPC) and Related Actions (Project). The Project involved new and expanded processing and resource recovery operations on both the incorporated and unincorporated area of the Project site, which the EIR concluded would impact the host community. To mitigate this impact Mitigation Measure 4-5 called for a Mitigation Fee to benefit the host community, described as follows: “Mitigation Fee. The facility operator shall pay a Mitigation Fee of an amount to be determined by the applicable permitting authority(ies) to defray annual costs associated with collection and disposal of illegally dumped waste and associated impacts in North Richmond and adjacent areas. The mitigation fee should be subject to the joint-control of the City and County and should be collected on all solid waste and processible materials received at the facility consistent with the existing mitigation fee collected at the Central IRRF.” In July 2004, the City of Richmond and Contra Costa County entered into a Memorandum of Understanding (MOU) agreeing to jointly administer Mitigation Fee monies collected from the BMPC for the benefit of the incorporated and unincorporated North Richmond area. This North Richmond Waste & Recovery Mitigation Fee Joint Expenditure Planning Committee (Committee) was formed pursuant to the terms of the MOU for the specific purpose of preparing a recommended two year Expenditure Plan. This Expenditure Plan provides a means to jointly administer the Mitigation Fee funding for the benefit of the host community, as described in the EIR. The Expenditure Plan is subject to final approval of the Richmond City Council and the Contra Costa County Board of Supervisors. BUDGET The funding allocations shown on the attached Budget Table were developed based on revenue estimates with multiple variables (e.g. number of tons of recovered materials vs. solid waste, per ton gate rate charged and amount of CPI-adjusted per ton Mitigation Fee). Revenue projections may deviate from those provided by Republic and used to prepare this Budget. It is likely that some adjustments will be necessary to accommodate variations between estimated and actual revenue as well as disparity between estimated and actual costs for non-fixed cost strategies. Adjustments may be needed due to under-utilization of a particular program if estimated expenditure was based on per unit cost. If the number of units allocated to a particular line item is not exhausted, the remaining funding would need to be redistributed within that expenditure category. This Expenditure Plan has been designed to maximize administrative efficiency. The Budget includes some line items that are based on fixed costs, however to provide flexibility other line items can be adjusted if needed. This Expenditure Plan authorizes Staff to make adjustments for certain line items if needed to account for budget shortfalls or overages. This flexibility will allow the City and County to avoid the delays and costs associated with amending the Expenditure Plan. Additional amendments would only be proposed by Staff if absolutely necessary which will require Staff to convene this Committee as well as seek the approval of the City Council and Board of Supervisors. #Expenditure Plan (EP) Strategy 2008-2009 EP Amounts Preliminary 2010-2011 Budget (Phase 1) 1 Bulky Item Pick-ups & Disposal Vouchers 12,500$ 2,000$ 2 Neighborhood Clean-up Events 25,000$ -$ 3 Community Services Coordinator 144,262$ 144,262$ 4 Bilingual Outreach Services Coordinator 56,000$ 56,000$ 5 North Richmond Green Outreach 50,000$ 8,000$ 6 City/County Pick-up from Right-of-Way 120,000$ 70,000$ 7 Code Enforcement 313,504$ 258,000$ 8 Graffiti Abatement 58,240$ 20,000$ 9 Law Enforcement (Investigation & Patrols)274,808$ 375,000$ 10 Surveillance Camera System 260,000$ 10,000$ 11 Illegal Dumping Prosecutor 65,149$ 65,149$ 12 Parks Rehabilitation Initiative 175,000$ 19,250$ 13 Capital Improvement Projects 103,707$ -$ 14 North Richmond Community-Based Projects 50,000$ Committee Administration/Staffing 100,000$ 100,000$ Total Projected Revenue 1,361,456$ 1,177,661$ Total Expenditure Plan Budget for above Strategies*1,750,670$ 1,177,661$ * Total 2008/09 budget amount ($2,308,132) based upon the amount of funding projected to be received in 2008/2009 ($1,361,456) + actual funding received & not spent under the 2006/2007 Expenditure Plan ($946,676). ABOVE AMOUNTS RESULT IN FUNDING SPLITS OF… 2010/2011 Budget (Phase 1) Staffing 8.49%100,000$ Prevention & Education 17.85%210,262$ Abatement & Enforcement 67.77%798,149$ Community Investment 5.88%69,250$ 100.00%1,177,661$ Prevention & EducationAbatement & EnforcementCommunity2010/2011 Preliminary Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee D:\Illegal Dumping\BMPC Mitigation Fee Committee\2010-2011 Exp Plan\ 2010-2011 Prelim EP Budget for City-County Approval.xls Page 2 of 6 2010/2011 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee Page 3 of 6 DESCRIPTION OF STRATEGIES RECOMMENDED FOR FUNDING Funding allocations for each strategy is specified on the attached Budget Table. The funding allocation amounts are for the two-year Expenditure Plan period. PREVENTION & EDUCATION 1. Bulky Item Pick-ups & Disposal Vouchers Provide residents in the Mitigation Fee Primary Funding Area, who prove eligibility consistent with City/County procedures, with the option of choosing to: o request up to one on-call pick-up service per calendar year for bulky items that are not accepted in the current on-call clean-ups through Richmond Sanitary Service (RSS); must have an active account with RSS, or o request up to twelve $5 vouchers for disposal at Republic’s transfer station on Parr Blvd. per calendar year (vouchers expire after six months, Mitigation Fees only pay for vouchers that are actually redeemed). 2. Neighborhood Clean-ups Provide at least one neighborhood and/or creek clean-up event in the Mitigation Fee Funding Area; additional clean-up event may be scheduled as funding allows. 3. Community Services Coordinator Fund full-time Community Services Coordinator position to be staffed on a contract basis through a non-profit or public entity (including salary/benefits/overhead). 4. Bilingual Outreach Services Coordinator Fund a part-time Bilingual Outreach Services Coordinator (including salary/benefits/overhead) or the provision of translation services on a contract basis through a non-profit or public entity. 5. North Richmond Green Campaign Fund public relations campaign, including the purchase of education and outreach materials intended to: o inform the community about Mitigation funded programs/efforts, o increase participation in Mitigation funded programs/efforts, o reduce illegal dumping and blight in the Mitigation Fee Funding Area, and o promote beautification in the Mitigation Fee Funding Area. 2010/2011 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee Page 4 of 6 ABATEMENT & ENFORCEMENT 6. City/County Pick-up from Right-of-Way Fund consolidated pick-up program (including personnel, mileage, administrative costs and equipment rental as needed) for illegal dumping in the public right-of- way located within the unincorporated & incorporated Mitigation Fee Primary Funding Area to remove items not collected by the designated RSS Hot Spot Route crew. 7. Code Enforcement Staff Fund full-time County code enforcement position (including salary/benefits and related vehicle and equipment costs), to assist with vacant/abandoned lot abatements and fencing as well as other health/building/zoning violations related to illegal dumping and blight throughout the incorporated & unincorporated Mitigation Funding Area. 8. Graffiti Abatement Fund consolidated graffiti abatement program (including personnel, mileage, administrative costs and purchase/rental of equipment and materials) for graffiti on public property and/or visible from the public right-of-way located within the unincorporated & incorporated Mitigation Fee Primary Funding Area. 9. Illegal Dumping Law Enforcement (Investigations & Patrols) Fund approximately 94% of the equivalent of a full-time Sheriff Deputy (including salary/benefits, overtime, uniform and related cell phone, equipment, and vehicle costs) to assist with law enforcement investigations and patrols to combat illegal dumping within the Mitigation Fee Primary Funding Area. 10. Surveillance Cameras Fund the purchase of cameras, camera infrastructure, and costs related to maintenance, repair & relocation of surveillance camera program equipment within the Mitigation Fee Primary Funding Area to target specific locations where illegal dumping occurs most regularly. 11. Illegal Dumping Prosecutor Fund quarter-time of community prosecutor position in order to ensure some time can be dedicated to prosecuting cases for violations that occur within the Mitigation Fee Primary Funding Area with special emphasis on instances of commercial dumping as well as other quality of life issues (e.g. alcohol abatement, environmental crimes). 2010/2011 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee Page 5 of 6 COMMUNITY INVESTMENT 12. Parks Rehabilitation Initiative Fund various park and related projects and maintenance at Third Street Ballfield, Shields-Reid Park and other areas within the Mitigation Fee Primary Funding Area. 13. Capital Improvement Projects Fund various capital improvement projects1, including infrastructure and creek related improvements, within the Mitigation Fee Primary Funding Area. Projects could include but are not limited to: o Street & sidewalk improvements at railroads and railroad crossings o Beautification and/or structural enhancements to the exterior of specific community identified structures o Lighting o Street medians o Creek-related improvement or rehabilitation 14. North Richmond Community-Based Projects Fund the development, implementation and oversight of a variety of community- based projects1 with specific focuses on anti-littering, environmental stewardship, blight reduction and/or beautification (including personnel/labor, administrative oversight, materials, equipment and related maintenance costs). Rather than funding stipend programs separately (including stipends, administrative oversight and related materials/equipment), new community-based projects/programs should include component for stipends, where appropriate, to pay local youth and/or other community members for assisting with illegal dumping prevention/abatement or beautification activities within the Mitigation Fee Primary Funding Area. Community-Based Projects could include but are not limited to: o Neighborhood Landscaping & Gardening Projects o Greening Project o Community Art Programs (e.g. Tile Art, Murals or Safe Routes/Popsicle Project) o Mentorship Programs The process for soliciting and potentially allocating funding for Community-Based Project proposals is recommended to be undertaken to prepare recommendations for consideration by the Committee in early 2010 during 1 At the October 2009 meeting, the Committee voted to modify Strategies 13 and 14 as needed so that when the Expenditure Plan is amended to incorporate remaining 2008-2009 Mitigation Fee funding (during Phase 2 in early 2010), up to $103,707 of the potential funding to be allocated to Strategy 13 may be used to cover costs associated with the rehabilitation of the Eco-1 Educational Center (Housing Authority building) that has been proposed by the Neighborhood House of North Richmond (NHNR) and up to an additional $38,610 of future allocations made to Strategy 14 to fund up to half of the cost of stipends paid to North Richmond residents for time spent assisting Eco Academy building and site rehabilitation (includes work and training). However, this funding was only to be made available for this proposed project contingent upon receipt of the grant amount that NHNR has requested from Chevron for the “North Richmond Eco Academy Project.” Subsequently, in early December 2009 Chevron announced their selected grant recipients which did not include NHNR. 2010/2011 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee Page 6 of 6 Phase 2 (to include the allocation of remaining 2008-2009 Mitigation Fee funding to listed strategies within the Expenditure Plan). STAFF COSTS Due the staff time necessary for staffing this committee and Expenditure Plan development, administration, oversight and implementation, $100,000 is allocated to accommodate staff costs for both the City and County for calendar years 2010 and 2011. D:\Illegal Dumping\BMPC Mitigation Fee Committee\2010-2011 Exp Plan\2010-11 Prelim Exp Plan for City-County Approval.doc RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee (Wendel Bruner), to execute, on behalf of the County, Unpaid Student Training Agreement #26-126-5 with Contra Costa Community College District, an educational institution, to provide field instruction in the Health Services Department for Contractor’s students, for the period from September 1, 2009 through August 31, 2012. FISCAL IMPACT: None BACKGROUND: The purpose of this agreement is to provide Contractor’s students with the opportunity to integrate academic knowledge with application skills and attitudes at progressively higher levels of performance requirements and responsibility. Supervised fieldwork experience for students is considered to be an integral part of both the educational and professional preparation. The Health Services Department can provide the requisite field education, while at the same time, taking advantage of the students’ services to patients. On APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Wendel Brunner, M.D, 313-6712 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D Morgan, B Borbon C.95 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 15, 2009 Contra Costa County Subject:Unpaid Student Training Agreement #26-126-5 with Contra Costa Community College District BACKGROUND: (CONT'D) October 19, 2004, the Board of Supervisors approved Unpaid Student Training Agreement #26-126-3 (as amended by Administrative Amendment Agreement #26-126-4) with Contra Costa Community College District, for the period from September 1, 2004 through August 31, 2009. Approval of Unpaid Student Training Agreement #26-126-5 will continue to provide supervised clinical experience for Contractor’s students, through August 31, 2012. RECOMMENDATION(S): APPROVE the Notice of Intention to Purchase Real Property described in Exhibit “A” attached hereto, from Moshy Martinez, LLC; Anthony A. & Laura A. Christiani; and Kliegman, Martinez, LLC for County Health Facility purposes, as required by Government Code section 25350, for the sum of $1,900,000.00, which is a fair and reasonable price therefore, generally in accordance with terms and conditions of a Purchase and Sale Agreement, executed by Moshy Martinez, LLC: Anthony A. & Laura A. Christiani; and Kliegman, Martinez, LLC. DECLARE that this Board will meet on January 19, 2010, at 9:30 a.m. or thereafter, in the Board's Chambers, County Administration Building, Martinez, California, to consider consummation of the purchase. DIRECT the Clerk of the Board to publish the attached notice in the Contra Costa Times pursuant to Government Code Section 6063. FISCAL IMPACT: This purchase will be financed through long term debt financing and funded from Enterprise Fund I. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Steven Harris, (925) 957-5416 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.96 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:December 15, 2009 Contra Costa County Subject:APPROVE Notice of Intention to Purchase Real Property 20 Allen Street, Martinez Project No.: 5955-6X5024 BACKGROUND: Before the County may purchase property worth more than $50,000, Government Code section 25350 requires that a notice of the intention of the board of supervisors to make the purchase is published in the county pursuant to Government Code section 6063. The Notice of Intention must include a description of the property proposed to be purchased, the price, the vendor, and a statement of the time the board will meet to consummate the purchase. This Notice of Intention does not require the County to purchase the property, it only gives public notice of a proposal that it do so. On April 22, 2008, the Board of Supervisors approved a budget strategy for Health Services that included exploring the feasibility of building a mental health facility. The County has identified a property directly adjacent to the existing Contra Costa Regional Medical Center campus that is well suited for this project. The property is located at 20 Allen Street, Martinez. The timing and service configuration of the mental health programs to be included in the facility is still under review. During the review time period the facility will be used by the Contra Costa Regional Medical Center for visitor and employee parking, storage and meeting space. The existing 20 Allen building includes seven apartments currently rented to private parties. Once the County becomes the owner of the property it will assume the obligations of the landlord but, absent lease enforcement issues, Health Services staff does not anticipate significant immediate changes to the rental arrangement while the project is under review. The County currently uses the subject property for parking and pays the property owners $4,000 per month to lease the property. If the County acquires title to the property, it will no longer be required to make these monthly payments. The proposal has been determined by the Health Services Department to be financially and programmatically feasible and their recommendation is to acquire the property. This is the last large piece of property adjacent to the CCRMC Campus. Given current property values, the purchase of these 2.2 acres at $1.9 million is reasonable. CONSEQUENCE OF NEGATIVE ACTION: The County will not have the necessary land rights to allow use of the property for appropriate County needs, and continued use of the property for parking will be subject to agreement with the owners. ATTACHMENTS Attachment A Agreement RECOMMENDATION(S): ACKNOWLEDGE that special revenue funds have been established to mitigate the impact of projects approved in certain areas of the County and that they have been intended for uses that will benefit the quality of life for the communities in which the project is approved and special revenue funds originate. AFFIRM that existing special revenue funds are to be administered by the Supervisor serving in the district for which a special revenue fund was created, unless specified otherwise when the fund was established. AFFIRM that existing special revenue funds are to be used with the support and authorization of the current Supervisor serving in the district where the special district fund originated. FISCAL IMPACT: No General Fund impact. Revenue Neutral. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Tomi Van de Brooke, 820-8683 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.97 To:Board of Supervisors From:Supervisors Mary Piepho and Susan Bonilla Date:December 15, 2009 Contra Costa County Subject:Special Revenue Mitigation Funds BACKGROUND: There have been a number of large projects proposed by applicants and eventually approved by the Contra Costa County Board of Supervisors that require mitigation to offset the impacts to the communities where they are built and operate. One of many mechanisms that has been used to address impacts from these projects has been the creation of special mitigation funds to benefit the quality of life for the communities that are affected. Some of the funds are one time only and others are replenishing. These funds include, but are not limited to, the Conoco Phillips fund, C&H Sugar Cogeneration Project Fund, Futures Fund, Keller Canyon Mitigation Fund, Dougherty Valley Fund, and others. These special revenue funds were intended to be administered by the Supervisor serving in the district for the benefit of the district where the special revenue fund was created, unless specified otherwise when established. CONSEQUENCE OF NEGATIVE ACTION: CHILDREN'S IMPACT STATEMENT: RECOMMENDATION(S): ADOPT Resolution No. 2009/950 allowing the County to reimburse certain expenditures for capital improvements to 20 Allen Street, Martinez, for the Health Services Department. FISCAL IMPACT: No fiscal impact associated with this action. This is a non- binding action that would allow the County to reimburse itself for costs associated with the subject project if the Board decides to issue bonds to finance the project at a future date. It is anticipated that costs for 20 Allen will be booked in the Hospital Enterprise Fund (EF1). BACKGROUND: The County is currently considering the purchase of property for a Multi-Program Psychiatric Campus to be located at 20 Allen Street, Martinez, California. The County's share of the project costs is currently estimated to be under $2 million. The Board may wish to consider financing the cost of the project with bonds at a future date. This resolution would fulfill legal requirements to allow the county to reimburse itself with bond proceeds for certain costs incurred prior to a subsequent bond issuance. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lisa Driscoll, County Finance Director 925-335-1023 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Lisa Driscoll, County Finance Director, Dick Awenius, General Services, Patrick Godley, Health Services/Chief Financial Officer C.98 To:Board of Supervisors From:David Twa, County Administrator Date:December 15, 2009 Contra Costa County Subject:REIMBURSEMENT RESOLUTION FOR 20 ALLEN STREET, MARTINEZ, FOR THE HEALTH SERVICES DEPARTMENT ATTACHMENTS Resolution No. 2009/950 Exhibit A to Resolution 2009/950 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/15/2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSE: Resolution No. 2009/950 RESOLUTION DECLARING THE OFFICIAL INTENT OF THE COUNTY OF CONTRA COSTA TO REIMBURSE CERTAIN EXPENDITURES FROM PROCEEDS OF INDEBTEDNESS         WHEREAS , the County of Contra Costa (the "Issuer") intends to acquire, construct and improve certain facilities for use by the issues as described in Exhibit A hereto (the "Project");           WHEREAS, the Issuer expects to pay, beginning October 18, 2009 and will pay, on and after the date hereof, certain expenditures (the "Reimbursement Expenditures") in connection with the Project prior to the issuance of indebtedness for the purpose of financing  costs associated with the Project on a long-term basis;           WHEREAS, the Board of Supervisors of the County (the "Board") has determined that those moneys previously advanced no more than 60 days prior to the date hereof and to be advanced on and after the date hereof to pay the Reimbursement Expenditures are available only for a temporary period and it is necessary to reimburse the County for the Reimbursement Expenditures from the proceeds of one or more issues of tax-exempt obligations (the "Bonds");    WHEREAS, the Issuer reasonably expects the Bonds in an amount not expected to exceed $2 million will be issued, in one or more series, and that certain of the proceeds of such debt obligations will be used to reimburse the Reimbursement Expenditures; and    WHEREAS, Section 1.150-2 of the Treasury Regulations requires the Issuer to declare its reasonable official intent to reimburse prior expenditures for the Project with proceeds of a subsequent borrowing;           NOW, THEREFORE, BE IT RESOLVED BY the Board of Supervisors of the County of Contra Costa as follows:           Section 1.  The Board finds and determines that the foregoing recitals are true and correct.           Section 2.  This declaration is made solely for purposes of establishing compliance with the requirement of Section 1.150-2 of the Treasury Regulations.  This declaration does not bind the Issuer to make any expenditure, incur any indebtedness, or proceed with the Project.           Section 3.  The Issuer hereby declares it official intent to use proceeds of indebtedness to reimburse itself for Reimbursement Expenditures.           Section 4.  This declaration shall take effect from and after its adoption. ____________________________ Chair of the Board of Supervisors  County of Contra Costa, California            Contact: Lisa Driscoll, County Finance Director 925-335-1023   I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.  ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors   By: , Deputy cc: Lisa Driscoll, County Finance Director,   Dick Awenius, General Services,   Patrick Godley, Health Services/Chief Financial Officer    EXHIBIT A TO REIMBURSEMENT RESOLUTION Description of Project Purchase of land and construction of capital improvements, including equipment and furnishings, at 20 Allen Street, Martinez, CA for use by the Health Services Department. . RECOMMENDATION(S): Approve the attached Conflict of Interest Code for the Measure J Traffic Congestion Relief Agency dba TRAFFIX, as shown on the attached Resolution from the Agency. FISCAL IMPACT: None. BACKGROUND: The Measure J Traffic Congestion Relief Agency dba TRAFFIX has adopted its Conflict of Interest Code and submitted the Code to the Board for approval pursuant to Government Code section 87303. The Code follows the “Model Conflict of Interest Code” format provided by the Fair Political Practices Commission. (Cal. Code Regs. Tit. 2, §18730.) APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: (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: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Julie Enea, Deputy County Administrator, John Cunningham, Senior Transportation Planner, Nat Rojanasathira, Transportation Program Coordinator, Mary Ann Mason, Deputy County Counsel C.99 To:Board of Supervisors From:Silvano B. Marchesi, County Counsel Date:December 15, 2009 Contra Costa County Subject:Conflict of Interest Code of the Measure J Traffic Congestion Relief Agency dba TRAFFIX ATTACHMENTS Adoptiong Conflict of Interest Code RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to enter into Memoranda of Understanding with the County of Alameda and the City of Oakland to participate in the ARIES Integrated Justice System for the purpose of sharing and integrating criminal justice information from July 1, 2009 through June 30, 2010. FISCAL IMPACT: None. BACKGROUND: The County has been working in cooperation with neighboring jurisdictions as part of the Urban Area Security Initiative (UASI). The 2008 UASI grant provided through the U.S. Department of Homeland Security, for which the County is a subrecipient under the City of San Francisco, is funding the expansion of the Automated Regional Information Exchange System (ARIES) criminal justice information system. The Memoranda of Understanding provide for the County of Alameda and the City of Oakland to have access to the Automated Regional Information Exchange System (ARIES) for the purpose of sharing and integrating criminal justice information with other participating Agencies. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Eileen Devlin, 925-335-1557 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Eileen Devlin, Todd McCown, Karen Todd, Beth Kilian C.100 To:Board of Supervisors From:Warren Rupf, Sheriff-Coroner Date:December 15, 2009 Contra Costa County Subject:Memorandum of Understanding - ARIES Integrated Justice System BACKGROUND: (CONT'D) The MOUs set forth the governing policies and procedures for the use of ARIES by participating agencies, to include maintenance and responsibility of the information within the system. ARIES has the capability to make potential linkages between law enforcement information from crime incidents, criminal investigations, warrants, arrests, bookings, paroles and other pertinent information. Participating agencies law enforcement and homeland security efforts will greatly benefit from the shared information. CONSEQUENCE OF NEGATIVE ACTION: CHILDREN'S IMPACT STATEMENT: RECOMMENDATION(S): Direct County Administrator, working with County Counsel, to report to the Board on County procedures governing employee involvement in contracts with prospective employers. FISCAL IMPACT: None. BACKGROUND: The County enters into hundreds of contracts with vendors to provide goods and services to the County and its residents. Some of the contracts are for substantial sums of money. It is important and prudent for the County to ensure that the negotiation and processing of such contracts be conducted in the best interests of the County and the public treasury. The integrity of the contracting process could be undermined if County staff involved in such contracts and negotiations are considering potential vendors as potential employers. Current state law prohibits a public official from making or influencing a governmental decision (such as a contract) that involves a person with whom the official is negotiating prospective employment. County employees are public officials for purposes of that provision. The California Fair Political Practices Commission, which enforces this provision, has adopted a regulation that provides that a public employee is “negotiating” employment when he or she interviews or discusses an offer of employment with an employer. A public employee has an “arrangement” concerning prospective employment when he or she accepts an offer of employment. The broad prohibition against involvement in County decisions concerning prospective employers APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact: David Twa, 925-335-1080 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: C.101 To:Board of Supervisors From:David Twa, County Administrator Date:December 15, 2009 Contra Costa County Subject:Procedures Governing Employee Involvement in Contracts with Prospective Employers applies to County employees as soon as they are involved in the interview process for a position. However, this prohibition has not been widely communicated to County employees. It is desirable that County employees learn about the requirements of this state law and have an easily accessible source of information about the law. Therefore, the County Administrator is directed to provide a report to the Board on possible options for County implementation of this state law provision. For example, it may be appropriate to develop an Administrative Bulletin with procedures for local implementation of the section. It may also be desirable to provide periodic employee training on this and similar issues. In addition, the County Administrator should explore other possible measures intended to ensure that the County’s contracting process retains the maximum level of objectivity and integrity. BACKGROUND: (CONT'D) NOTES:___________________ 1. Gov. Code, § 87407: “No public official shall make, participate in making, or use his or her official position to influence, any governmental decision directly relating to any person with whom he or she is negotiating, or has any arrangement concerning prospective employment.” 2. Gov. Code, § 82048. 3. Cal. Code Regs., tit. 2 § 18747. CLERK'S ADDENDUM ADOPTED the recommendation; and REFERRED the matter to the Internal Operations Committee for development of a clear policy. RECOMMENDATION(S): Acting as the Governing Board of the Contra Costa County Redevelopment Agency, ADOPT Resolution 2009/573 approving the appropriation of up to $50,000 for a public improvement study program by the Rodeo Sanitary District, ADOPT findings pursuant to Health and Safety Code Section 33445, and AUTHORIZE the Redevelopment Director, on behalf of the of the Redevelopment Agency (Agency), to execute a Public Facilities Design Funding Agreement with Rodeo Sanitary District, in the amount up to $50,000 for a public improvements study program in Downtown Rodeo and the Rodeo Marina with a term of June 1, 2009 to June 30, 2010. FISCAL IMPACT: The project budget is $50,000. No General Funds would be utilized. Rodeo redevelopment funds have been budgeted for this purpose. BACKGROUND: A key objective of the Rodeo Redevelopment program is to rehabilitate and upgrade public infrastructure in Downtown Rodeo and at the Rodeo Marina. The Redevelopment Agency (Agency) has budgeted $4.7 million for Rodeo downtown/waterfront infrastructure improvements. The APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Vincent Manuel 335-7232 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.102 To: From:Jim Kennedy, County Redevelopment Director Date:December 15, 2009 Contra Costa County Subject:Facilities Design Funding Agreement, Rodeo Sanitary District BACKGROUND: (CONT'D) Rodeo Sanitary District (RSD) would be responsible for preparing preliminary engineering plans and a budget for sanitary sewer improvements that would be included in the larger program. The recommended action will provide the Rodeo Sanitary District with the necessary funds to accomplish the preliminary engineering studies related to the sanitary sewer improvement design. The Public Facilities Design Funding Agreement (the "Design Funding Agreement") provides $50,000 for the following tasks: Existing Information Review: Proposed Marina Layout Topography RSD Infrastructure Annexation of Marina: LAFCO requirements Other Agency Requirements Number and Type of Connections RSD Fee Requirements Sewage Conveyance: Evaluation of options (gravity flow vs. pumped) Costs for Options Cost/Benefit Analysis of Options Recommendation Pursuant to California Redevelopment Law, the Agency may fund public improvements owned by another public agency with the consent of the Board of Supervisors, and if the Board of Supervisors finds and determines that : (1) the public improvement will be of benefit to the project area, (2) no other reasonable means of financing the public improvement is available to the community, (3) the public improvement will assist in the elimination of one or more blighting conditions inside the project area; and (4) Agency assistance for the public improvement is consistent with the Agency’s current Implementation Plan. (Section 33445 of the Health & Safety Code). The Design Funding Agreement will help the RSD pay for the cost of the study of necessary sanitary sewer public improvements for the Rodeo Marina. The Design Funding Agreement will allow the RSD to accomplish the preliminary engineering studies related to the sanitary sewer improvement design. The necessary public improvements will benefit the Project Area by helping to spur the redevelopment of a site that is an integral part of the Project Area’s waterfront. The public improvements may lead to the renovation and expansion of the Rodeo Marina, thereby stimulating and expanding the existing uses in the waterfront. The RSD has conducted an analysis of its financial capability to fund the Design Funding Agreement and due to limited availability of general funds, the State’s budget crisis, and the RSD’s funding priorities, the RSD does not currently have sufficient funds to pay for the costs of the preliminary engineering studies related to the sanitary sewer improvement design. On December 8, 2009, the District’s Board of Directors met and approved a resolution making the required finding that the District has no other reasonable means of funding the public improvements. The study and future construction of sanitary sewer improvements in the Rodeo Marina will lead to the renovation and expansion of the Rodeo Marina Facilities to accommodate multiple uses, which may include: a restaurant, marine repair facility, boat docks, boat storage, boat launch, a new harbor master building, lodging, mixed use commercial, and public access. Restoration of the Rodeo Marina would stimulate redevelopment activities in the waterfront area by expanding the existing uses, thus eliminating blighting conditions in the Project Area. The funding of the Design Funding Agreement is consistent with the goals and objectives of the Agency’s current Implementation Plan, including the desire to create and implement a Downtown/Waterfront Improvement Program for the older and more historic section of the Project Area, and to initiate development planning processes for specific reuse sites in the Project Area. Therefore the recommendation includes two actions: 1. As the Governing Board of the Redevelopment Agency, making certain findings pursuant to Section 33445 of the Health and Safety Code, and approving and authorizing execution of the Design Funding Agreement. and 2. As the legislative body for the County the Board of Supervisors, consenting to the use of Redevelopment funds to pay for studies related to the sanitary sewer improvement design i of the Rodeo Sanitary District, and making the required findings pursuant to Section 33445. In making these findings the Board is, in part, relying on findings made by the Rodeo Sanitary District at its meeting of December 8, 2009 (A separate Board order is being submitted for this action) CONSEQUENCE OF NEGATIVE ACTION: If this contract is not authorized, the proposed scope of work will not be able to be accomplished. ATTACHMENTS Resolution No. 2009/573 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/15/2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSE: Resolution No. 2009/573 1) Approving the appropriation of not more than Fifty Thousand Dollars ($50,000) by the Redevelopment Agency of Contra Costa County (the "Agency") to disburse to the Rodeo Sanitary District (the "District") for the cost of funding a public improvements design program. 2) Making certain findings pursuant to Health and Safety Code Section 33445 in connection with the approval of the assistance by the Agency to the District. The Board of Directors of the Agency (the "Agency Board") RESOLVES THAT: Pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.); the "CRL"), the Board of Supervisors of the County of Contra Costa (the "County") has adopted and the Agency is responsible for implementing, among other redevelopment plans, the Redevelopment Plan (the "Redevelopment Plan") for the Rodeo Redevelopment Project Area (the "Project Area"), as adopted by Ordinance No. 90-50 on July 10, 1990, and amended by Ordinance No. 94-66, adopted on December 6, 1994; as further amended by Ordinance No. 99-08, adopted on February 23, 1999; and further amended by Ordinance No. 2002-16, adopted on May 21, 2002. The Redevelopment Plan sets forth a plan for redevelopment of the Project Area. The Agency is responsible for administering the Redevelopment Plan to cause redevelopment of the Project Area, including removal of blighting conditions in the Project Area. To assist in implementing the Redevelopment Plan and the County's other redevelopment plans, the Agency has adopted and amended a five-year implementation plan (the "Implementation Plan") pursuant to Section 33490 of the Redevelopment Law. The approximately 12.8 acre Rodeo Marina site, formerly known as Bennett’s Marina, is owned by Rodeo LLC, a California limited liability company, and is an integral part of the Rodeo Project Area’s waterfront. Rodeo LLC, intends to renovate and expand the existing Rodeo Marina facilities to accommodate multiple uses, which may include: a restaurant, marine repair facility, boat docks, boat storage, boat launch, a new harbor master building, lodging, mixed use commercial, and public access. The restoration of the Rodeo Marina would stimulate redevelopment activities in the waterfront area by expanding the existing uses, thus eliminating blighting conditions. Rodeo Marina is in need of capital improvements in order create a redevelopment catalyst site within the Rodeo Project Area. Without such rehabilitation and upgrading, the task of redevelopment of the Rodeo Project Area will be impeded. The District lacks the capital resources to fund the design and implementation of the necessary rehabilitation and upgrading of the necessary sewer facilities required to redevelop the Rodeo Marina. To implement the Redevelopment Plan in a manner consistent with the Implementation Plan, and to further the Agency’s and District's mutual objectives for the rehabilitation and upgrading of public improvements in Downtown Rodeo and the Rodeo Marina and in furtherance of the elimination of blight in the Rodeo Project Area, the Agency Board intends to allocate an amount up to Fifty Thousand Dollars ($50,000) to provide a public facility design grant to pay for the costs associated with the design of the rehabilitation and upgrading of public improvements in Downtown Rodeo and the Rodeo Marina in accordance with the scope of work for designing the needed public improvements (the "Design Program") set forth in the Public Facilities Design Funding Agreement for Rodeo Sanitary District (the "Design Funding Agreement") The funding of the Design Program pursuant to the requirements set forth in the Design Funding Agreement will address the goals and objectives of the Redevelopment Plan for the Project Area by alleviating blighting conditions and stimulating redevelopment activities in Downtown Rodeo and the Rodeo Marina. The approval and funding of the Design Funding Agreement is consistent with and will promote the goals and objectives identified in the Agency's Implementation Plan. In connection with the Agency Board's consideration of this resolution, a staff report (the "Staff Report", incorporated herein by reference), which sets forth facts supporting the findings made in this resolution pursuant to Section 33445 of the CRL, has been prepared to accompany this resolution. Pursuant to Section 33445 of the CRL, the Agency is authorized, with the consent of the County and the District, to pay part or all of the value of the cost of the Design Program for the public improvements pursuant to the terms of the Design Funding Agreement. By Resolution No. 2009/574, the County is concurrently giving its consent to the Agency to pay the cost of the Design Program and made the required findings pursuant to Section 33445 of the CRL. On December 8, 2009 by Resolution No. 2009/05, the District gave its consent to the Agency to pay the cost of the Design Program and made the required findings pursuant to Section 33445 of the CRL. The Agency has placed on file a copies of the Design Funding Agreement in substantially the form to be executed by the District and the Agency. NOW, THEREFORE, BE IT RESOLVED, that the Agency Board finds the above recitals true and correct. BE IT FURTHER RESOLVED, that the Agency Board hereby finds and determines that: (a) the Design Program will be of benefit to the Project Area; (b) no other reasonable method of financing the funding of the Design Program is available to the community; (c) the Design Program will assist in the elimination of one or more blighting conditions inside the Project Area; and (d) Agency assistance for the Design Program is consistent with the Agency's current Implementation Plan. The factual and analytical basis used by the Agency Board in making these findings and determinations is set forth in the Staff Report, and materials regarding the Design Program provided to the Agency Board. BE IT FURTHER RESOLVED, that the Agency Board hereby approves the payment of Agency Funds to the District for the Design Program as set forth in this resolution. BE IT FURTHER RESOLVED, the Agency hereby authorizes and directs the Executive Director of the Agency, or the Executive Director's designee, to execute the Design Funding Agreement on behalf of the Agency, substantially in the form on file with the Agency Secretary and the City Clerk, with such revisions as are reasonably determined necessary by the Agency signatory, such determination to be conclusively deemed to have been made by the execution of the Design Funding Agreement by the Agency signatory. The Executive Director of the Agency, or the Executive Director's designee, is authorized to implement the Design Funding Agreement and take all further actions and execute all other documents which are necessary or appropriate to carry out the Design Funding Agreement. BE IT FURTHER RESOLVED, that the approval of this Resolution, the Design Program, and the Design Funding Agreement is categorically exempt from the requirements of the California Environmental Quality Act pursuant to 14 California Code of Regulations Section 15262, in that the project only involves feasibility or planning studies for possible future actions which have not been approved, adopted or otherwise funded by the Agency. BE IT FURTHER RESOLVED, that the Agency Board designates the Redevelopment Director as the custodian of the documents and other material which constitute the record of proceedings upon which the decision herein is based. These documents may be found at 2530 Arnold Drive, Suite 190, Martinez, CA 94553. BE IT FURTHER RESOLVED, that this Resolution shall take immediate effect from and after its passage. Contact: Vincent Manuel 335-7232 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: Resolution No. AIR-3387   Consent 129. BOS Agenda Redevelopment Agency Meeting Date:12/15/2009 Time (Duration):  GROVE POINT Submitted For: David Twa, Redevelopment Agency Executive Director  Department:Conservation & Development Division:CD - Redevelopment Projects Noticed Public Hearing: No Official Body: Presenter/Phone, if applicable: Audio-Visual Needs: Handling Instructions: District: District I Contact, Phone: 335-7236 Recommendation(s): A. APPROVE Purchase and Sale Agreement and ACCEPT the Grant Deed dated, December 15, 2009 from 1546 3rd Street, LLC for the purchase of 1546 Third Street, North Richmond, identified as Assessor’s Parcel Number 409-080-020. B. AUTHORIZE the Redevelopment Director to execute said Purchase and Sale Agreement on behalf of the Redevelopment Agency. C. APPROVE payment of $1,200,000 for said property rights and AUTHORIZE the Auditor-Controller to issue a check in said amount payable to First American Title Company, 1850 Mt. Diablo Boulevard, Suite 300, Walnut Creek, CA 94596, Escrow No. NCS 295944-CC to be forwarded to the Real Property Division for delivery. D. DIRECT the Real Property Division to have the above referenced Grant Deed delivered to the Title Company for recording in the Office of the County Recorder. E. DIRECT the Department of Conservation and Development to File a Notice of Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines and pay $50 filing fee to the Office of the County Clerk Fiscal Impact: No General Fund money is involved in this acquisition. The Agency’s financial obligation to acquire this site is from budgeted funds under the North Richmond Redevelopment Project Area for FY 2009-2010 Background: On May 12, 2009, the Governing Board of the Contra Costa County Redevelopment Agency adopted Resolution No. 2009/115 to create a Program of Unified Development for the East Side of 3rd Street between Chesley Avenue and Grove Street. This proposed residential Mixed-Use Project is referred to as Grove Point.  This Project is to acquire and redevelop six contiguous parcels fronting Third Street into a mix of commercial and residential amenities. Purchasing 1546 Third Street is the third acquisition under Grove Point’s Unified Development Program.  This acquisition and the development of a Unified Development Program has been determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. The North Richmond Municipal Advisory Council has reviewed this Project and is supportive of the Agency acquiring Grove Point parcels for redevelopment. Budget Information Information about available funds Budgeted: Funds Available: Adjustment: Amount Available: Unbudgeted: Funds NOT Available: Amendment: Account Code(s) for Available Funds 1: Fund Transfers Attachments Purchase-Sale Agreement Minutes Attachments No file(s) attached.