HomeMy WebLinkAboutMINUTES - 10222019 -CALENDAR FOR THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY
AND FOR SPECIAL DISTRICTS, AGENCIES, AND AUTHORITIES GOVERNED BY THE BOARD
BOARD CHAMBERS ROOM 107, ADMINISTRATION BUILDING, 651 PINE STREET
MARTINEZ, CALIFORNIA 94553-1229
JOHN GIOIA, CHAIR, 1ST DISTRICT
CANDACE ANDERSEN, VICE CHAIR, 2ND DISTRICT
DIANE BURGIS, 3RD DISTRICT
KAREN MITCHOFF , 4TH DISTRICT
FEDERAL D. GLOVER, 5TH DISTRICT
DAVID J. TWA, CLERK OF THE BOARD AND COUNTY ADMINISTRATOR, (925) 335-1900
PERSONS WHO WISH TO ADDRESS THE BOARD DURING PUBLIC COMMENT OR WITH RESPECT TO AN ITEM THAT IS ON THE AGENDA, MAY BE LIMITED TO
TWO (2) MINUTES.
A LUNCH BREAK MAY BE CALLED AT THE DISCRETION OF THE BOARD CHAIR.
The Board of Supervisors respects your time, and every attempt is made to accurately estimate when an item may be heard by the Board. All times specified for items on the Board of
Supervisors agenda are approximate. Items may be heard later than indicated depending on the business of the day. Your patience is appreciated.
ANNOTATED AGENDA & MINUTES
October 22, 2019
9:00 A.M. Convene and announce adjournment to closed session in Room 101.
Closed Session
A. CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code § 54957.6)
1. Agency Negotiators: David Twa and Richard Bolanos.
Employee Organizations: Public Employees Union, Local 1; AFSCME Locals 512 and 2700; California Nurses Assn.; SEIU
Locals 1021 and 2015; District Attorney Investigators’ Assn.; Deputy Sheriffs Assn.; United Prof. Firefighters I.A.F.F., Local
1230; Physicians’ & Dentists’ Org. of Contra Costa; Western Council of Engineers; United Chief Officers Assn.; Contra
Costa County Defenders Assn.; Contra Costa County Deputy District Attorneys’ Assn.; Prof. & Tech. Engineers IFPTE,
Local 21; and Teamsters Local 856.
2. Agency Negotiators: David Twa.
Unrepresented Employees: All unrepresented employees.
B. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Gov. Code, § 54956.9(d)(2): One potential case
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 2555 El Portal Drive, San Pablo
Agency Negotiator: Karen Laws, Principal Real Property Agent
Negotiating Parties: Contra Costa County and Overaa Investments, LLC
Under Negotiation: Price and Terms
9:30 A.M. Call to order and opening ceremonies.
Inspirational Thought- "October is crisp days and cool nights, a time to curl up around the dancing flames and sink into a
good book." ~John Sinor, author
Present: John Gioia, District I Supervisor; Candace Andersen, District II Supervisor; Diane Burgis, District III Supervisor; Karen
Mitchoff, District IV Supervisor
Absent: Federal D. Glover, District V Supervisor
Staff Present:David Twa, County Administrator
There were no announcements from closed session.
CONSIDER CONSENT ITEMS (Items listed as C.1 through C.97 on the following agenda) – Items are subject to removal
from Consent Calendar by request of any Supervisor or on request for discussion by a member of the public. Items removed
from the Consent Calendar will be considered with the Discussion Items.
PRESENTATIONS (5 Minutes Each)
PRESENTATION declaring October 23 - 31, 2019 as Red Ribbon Week in Contra Costa County. (Fatima Matal Sol,
Health Services Department)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
PRESENTATION honoring the winners of the Arts and Culture Commission of Contra Costa County 2019 Arts
Recognition Awards. (Roger Renn, Arts and Culture Commission)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
PRESENTATION recognizing Contra Costa County Cities Citizen Corp CERT Committee (C-8) for their award
from the State of California Office of Volunteers, Office of the Governor of California. (Supervisor Gioia)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
PRESENTATION proclaiming November 6, 2019 Contra Costa County Shelter-in-Place Education Day. (Randy
Sawyer, Director of Hazardous Materials)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
DISCUSSION ITEMS
D. 1 CONSIDER Consent Items previously removed.
There were no items removed from consent for discussion.
D. 2 PUBLIC COMMENT (2 Minutes/Speaker)
Isabella Zizi, Stand, spoke on the San Francisco to Stockton Navigation Improvement Project to dredge
through the Carquinez Strait, advocating for movement forward to move away from fossil fuel
infrastructure;
Greg Karras, Ciommunities for a Better Environment (CBE), spoke on hazard prevention needs, earthquake
faults, and more movement toward transition to a sustainable energy infrastructure;
Andres Soto, CBE, spoke on expansion projects by refineries, including a rail head expansion. He claimed
that facilities like Nustar Energy did not have proper permits. He said that the dredging mostly assists the
fuel industry. He announced there is a meeting in xxxxx on xxxx, and invited citizens to attend and speak to
the Army Corps of Engineers about their concerns, including Stockton being designated the lead agency.
D.3 CONSIDER update on the status of the NuStar Energy incident, Crockett area. (Randy Sawyer, Director of
Hazardous Materials Program and Lewis Broschard, CCC Fire Protection District Fire Chief)
Speakers: Marilyn Bardet, Benicia Good Neighbor Steering Committee; Greg Karras, Citizens for a Better Environment; Andres
Soto, CBE; Matt Krough, Stand Earth; Charles Davidson, resident of Hercules; Janet Pyegeorge, RCA Non prrofit; Maureen
Brennan; Isabella Zizi, Stand; Vincent Wells, Local 1230; Jackie Garcia, contra Costa Interfaith Climate Action Network; Nancy
Reiser, Crockett Rodeo United To Defend the Environment; Dan Torres, Local 483.
Randy Sawyer, Director of Hazardous Materials Program, and Lewis Broschard, Contra Costa County Fire Protection Chief
(ConFire) addressed the Board. Mr. Sawyer provided a slide presentation (attached). On October 15, 2019, NuStar, a fuels
storage facility in Crockett, reported a fire and explosion to the Crockett-Carquinez Fire Department via the 911 system,
involving petrochemical storage tanks and said that they were evacuating. Engine 78 of Crockett-Carquinez fire responded. The
engine crew reported that there were tanks on fire and a vegetation fire as well. They reported that on-site fire suppression
equipment was not functioning. Additional engine companies joined the effort. En route to the scene, the Fire Department
requested additional resources from the Petrochemical Mutual Aid Organization (PMAO) and East Bay Incident Management
team (EB-IMT) to assist ConFire. All groups responded swiftly. The vegetation fire was extinguished, no structures were lost,
and no loss of life. Chief Broschard emphasized the vital role of PMAO in providing the resources, especially additional foam that
cooled the fuel tanks. In excess of 30 thousand gallons was used in the incident. He was also pleased with the very swift response
from EB-IMT, getting experts on site, including personnel from Contra Costa County and Alameda County. Chief Broschard
noted the assistance from the Fire Chiefs of Phillips 66, Marathon, and Shell. The Community Warning System was activated,
nearby residents evacuated, air monitoring initiated, and nearby roads closed to traffic. The call came into the 911 system at 1:48
p.m., the all clear activated at 9:30 p.m. No lives were lost, and no structures outside the original tanks involved in the incident.
ConFire is not aware of any chemical products leaving the site. Three Public Information Officers worked to keep the public
informed via many media outlets. The Board inquired about the incident training of personnel in these small facilities, the
equipment standards on the sites, whether the staff were able and/or trained to activate the community warning system, and
whether they were included in facilities guided by the Industrial Safety Ordinance. There will be a very detailed After Action
Report following the fire investigation. Many agencies will take part in the investigation, including but not limited to Cal OSHA,
ConFire, Bay Area Air Quality Management, Fish and Wildlife, the Hazardous Materials Division, and the ATF. A search
warrant has been issued to protect the property scene and access for officials as the investigation goes forward. It will take time
before the tanks are safe to approach. Supervisor Gioia and Supervisor Glover will meet with the Industrial Safety Ordinance Ad
Hoc Committee to look into whether the ordinance should be extended to the 16 storage facilities in the county, discussion of land
use permits and regulations, and actions taken before resumption of business.
D.4 CONSIDER waiving the 180-day ‘sit out period’ for Editha Guevarra, Health Services Reimbursement
Accountant; FIND that the appointment of Ms. Guevarra is necessary to provide training and back-up coverage for
employee vacation, sick leave and unplanned absences; and APPROVE and AUTHORIZE the hiring of retiree Ms.
Guevarra as a temporary employee effective November 1, 2019 through October 31, 2020. (Anna Roth, Health
Services Director)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
D.5 HEARING to consider approving the Laurel Drive Subdivision Project in the Concord area, including adopting
Ordinance No. 2019-23 to rezone a 3.6-acre parcel from R-40 to R-15 Single-Family Residential District, and
adopting a mitigated negative declaration, as recommended by the County Planning Commission. (Harrel Trust -
Owner, Lenox Homes, LLC - Applicant) (John Kopchik and Francisco Avila, Department of Conservation and
Development)
Speakers: Christina Gonzalez.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
D.6 CONSIDER accepting a report from the Finance Committee regarding a proposed sales tax measure, establishing
an ad hoc Board committee to develop an expenditure plan, and related actions. (Supervisors Mitchoff and Gioia)
Speakers: Gabrial Hanlana, SEIU 1021; Sharri Dancy, SEIU; Yen Do, SEIU 1021, Vickey Dominguez, SEIU
1021; Seur Stanbann, Local 21; Marianna Moore, Ensuring Opportunity Campaign; Sean Casey, First 5
Contra Costa; Yen Do, SEIU 1021.
D.7 CONSIDER adopting Resolution No. 2019/587 approving a Side Letter between Contra Costa County and the
Physicians' and Dentists' Organization of Contra Costa (PDOCC) extending the MOU through October 31, 2019;
approving a new MOU implementing negotiated wage agreements, and other economic terms and conditions of
employment, for the period of November 1, 2019 through October 31, 2022; and approving a Settlement Agreement
concerning PDOCC's Unfair Practice Charge regarding patient roster sizes for ambulatory care clinics. (David Twa,
County Administrator)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
D. 8 CONSIDER reports of Board members.
There were no items reported today.
Closed Session
ADJOURN
CONSENT ITEMS
Road and Transportation
C. 1 AWARD and AUTHORIZE the Public Works Director, or designee, to execute a construction contract in the
amount of $5,534,448 with Ghilotti Bros., Inc., for the Buchanan Field Airport Runway 14L-32R Rehabilitation
Project, Concord area. (91% Federal FAA AIP Funds, 4% Caltrans, 5% Airport Enterprise Funds)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 2 AUTHORIZE the Public Works Director, or designee, to advertise for the 2020 On-Call Concrete Services
Contract(s) for various road and flood control maintenance work, for routine maintenance and repair of existing road
and flood control facilities, Countywide. (100% Local Road and Flood Control Funds)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 3 ADOPT Resolution No. 2019/607 authorizing the Public Works Director, or designee, to file an application for
funding in the amount of $1,596,000 from Metropolitan Transportation Commission to complete the Treat Boulevard
Corridor Improvements Project, Walnut Creek area. (75% State Transportation Improvement Program Funds, 25%
Local Road Fund)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
Engineering Services
C. 4 ADOPT Resolution No. 2019/551 accepting completion of improvements for subdivision SD17-09300 for a
project developed by Shapell Industries Inc., as recommended by the Public Works Director, San Ramon (Dougherty
Valley) area. (No fiscal impact)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 5 ADOPT Resolution No. 2019/592 proclaiming the week of October 19-26, 2019 as “California Flood
Preparedness Week” in Contra Costa County, as recommended by the Public Works Director, Countywide. (No fiscal
impact)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
Special Districts & County Airports
C. 6 APPROVE and AUTHORIZE the Public Works Director, or designee, to waive associated rental fees for the use
of Lefty Gomez Community Center for New Horizon’s Annual Thanksgiving Food Distribution and Christmas Food
Basket Toy Distribution, Rodeo area. (100% County Service Area R-10).
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 7 Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District
(District), APPROVE and AUTHORIZE the Chief Engineer, or designee, to execute a 25-year license agreement
authorizing the City of Walnut Creek to operate and maintain paved trails along District’s Pine Creek Channel and
Milton Kubicek Detention Basin, and take related actions under the California Environmental Quality Act, Walnut
Creek area. (No fiscal impact)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 8 AUTHORIZE the Chief Engineer, Contra Costa County Flood Control and Water Conversation District, or
designee, to plan and organize the 6th Quadrennial Contra Costa County Creek and Watershed Symposium, to be held
in Moraga on December 5, 2019, and to work with potential sponsors to help fund the event, Countywide. (100%
Flood Control District Funds)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 9 Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District,
APPROVE and AUTHORIZE the Chief Engineer, or designee, to use funds from Flood Control District Fund No.
250500 to pay approximately $920,000 towards settlement and litigation costs in Contra Costa County Flood Control
and Water Conservation District v. Gary A. Eames, et al., as recommended by the Chief Engineer, Antioch area.
(100% Flood Control District Funds)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
Claims, Collections & Litigation
C. 10 RECEIVE public report of litigation settlement agreements that become final during the period of September 1,
2019, through September 30, 2019.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 11 DENY claims filed by Nancy Anderson, Century Vision Developers, CSAA on behalf of Yahaira Figueroa,
Duane Fisher and Andrea Golden, Guillermo Gomez, Mohammad R. Mohammody and Kevin Tse. DENY late claim
filed by Bhakti Yahoodi Bey, and Christopher Lyne.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 12 Acting as the Governing Board of the Housing Authority of Contra Costa County, DENY claim filed by Lizette
Sadler.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
Statutory Actions
C. 13 ACCEPT Board members meeting reports for September 2019.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
Honors & Proclamations
C. 14 ADOPT Resolution No. 2019/599 honoring the winners of Arts and Culture Commission of Contra Costa
County 2019 Arts Recognition Awards, as recommended by the County Administrator.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 15 ADOPT Resolution No. 2019/603 declaring October 23 - 31, 2019 as Red Ribbon Week in Contra Costa
County, as recommended by the Health Services Director.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 16 ADOPT Resolution No. 2019/601 recognizing October 20– 26, 2019 as Childhood Lead Poisoning Prevention
Week, as recommended by the Health Services Director.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 17 ADOPT Resolution No. 2019/602 proclaiming November 6, 2019 Contra Costa County Shelter-in-Place
Education Day, as recommended by the Health Services Director.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 18 ADOPT Resolution No. 2019/613 recognizing Contra Costa County Cities Citizen Corp CERT Committee
(C-8) for their award from the State of California Office of Volunteers, Office of the Governor of California, as
recommended by Supervisor Gioia.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 19 ADOPT Resolution No. 2019/614 recognizing Michelle Seville, Richmond Arts & Culture Manager and
devoted arts advocate on the occasion of her retirement, as recommended by Supervisor Gioia.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 20 ADOPT Resolution No. 2019/600, honoring the recipients of the Arts and Culture Commission of Contra Costa
County 2019 Awards for Outstanding Contributions to the Arts, as recommended by the County Administrator.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
Ordinances
C. 21 INTRODUCE Ordinance No 2019-31, adopting the 2019 California Building Standards Codes with changes,
additions, and deletions, WAIVE reading, and FIX November 12, 2019 for a public hearing to consider adoption, as
recommended by the Conservation and Development Director. (No fiscal impact)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
Appointments & Resignations
C. 22 ADOPT Resolution No. 2019/593 to reappoint Supervisor John Gioia as the Board of Supervisors
representative and Supervisor Karen Mitchoff as the Board's alternate representative on the California State
Association of Counties Board of Directors; and to reappoint Supervisor Candace Andersen as the Board of
Supervisors representative and Supervisor Karen Mitchoff as the Board’s alternate representative on the Central
Contra Costa Transit Authority, as recommended by Supervisor Gioia.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 23 APPOINT Deborah Spinola to the Trustee 1 seat on the Byron-Brentwood-Knightsen Union Cemetery District,
as recommended by Supervisor Burgis.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 24 APPOINT Kathie Thompson to the At Large #3 seat, and Gerald Richards to the At Large #9 seat on the
C. 24 APPOINT Kathie Thompson to the At Large #3 seat, and Gerald Richards to the At Large #9 seat on the
Advisory Council on Aging, as recommended by the Family and Human Services Committee.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 25 APPOINT Y'Anad Burrell to the At Large 1 seat on the Arts and Culture Commission, as recommended by the
Family and Human Services Committee.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 26 ACCEPT the resignation of Mr. Michele Manzone, DECLARE a vacancy in the Assessment Appeals Board
District II Seat, and DIRECT the Clerk of the Board to post the vacancy, as recommended by Supervisor Andersen.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 27 REAPPOINT Nancy Flood to the Trustee 1 Seat of the Alamo-Lafayette Cemetery District Board of Directors,
as recommended by Supervisor Andersen.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 28 APPOINT in lieu of election David Forkel and Randall Neudeck to serve on the Board of Trustees of
Reclamation District 2025 (Holland Tract) for terms of four years, as recommended by the County Administrator.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 29 APPOINT in lieu of election Russell E. Ryan and Randall Neudeck to the Board of Trustees of Reclamation
District 2026 (Webb Tract) for a term of four years, as recommended by the County Administrator.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 30 APPOINT in lieu of election Jake Messerli and Lawrence Watty to the Board of Trustees of Reclamation
District 2090 (Quimby Island) for a term of four years, as recommended by the County Administrator.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 31 APPOINT in lieu of election Randall Mager and Kevin Romick to the Board of Trustees of Reclamation District
2137 for a term of four years, as recommended by the County Administrator.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
Appropriation Adjustments
Appropriation Adjustments
C. 32 Contingency Reserve (0990): APPROVE Appropriation Adjustment No. 5008 transferring $2,490,000 in
appropriations to the Airport (0843), Animal Services (0366), Conservation & Development (0280), Department of
Information Technology (0147), Telecommunications (0060), Employment and Human Services (0501), Human
Resources (0035), Library (0620), Public Defender (0243), Public Works (0650), Sheriff-Coroner (0255), and
Treasurer-Tax Collector (0015) for fiscal year 2019-20 Venture Capital Projects. (100% General Fund)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 33 Health Services Department (5899)/Fleet ISF (0064):APPROVE appropriation and Revenue Adjustment
#005009 authorizing the transfer of appropriations in the amount of $33,091 from Behavioral Health Services
Division – Mental Health Service Act Innovation to General Services – ISF Fleet Services (0064) for the purchase of
one (1) vehicle for the implementation of the Partners in Aging project.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
Personnel Actions
C. 34 ADOPT Position Adjustment Resolution No. 22519 to transition one Clerk-Beginning Level-Project
(represented) position to a Merit System Clerk-Beginning Level (Non-Typing) (represented) position in the Library
Department by way of the Bridges to Success pilot program. (100% Library Fund)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 35 ADOPT Position Adjustment Resolution No. 22521 to establish the class of Elections Temporary Assignment
(represented) and allocate on the Salary Schedule in the Clerk Recorder-Elections Department. (100% General Fund)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 36 ADOPT Position Adjustment Resolution No. 22539 to add one Mental Health Clinical Specialist (represented)
position in the Health Services Department. (100% HRSA)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 37 ADOPT Position Adjustment Resolution No. 22540 to add one Senior Emergency Planning Coordinator
position (represented) and cancel one Emergency Planning Coordinator position (represented) in the Health Services
Department. (100% State Department of Public Health, Emergency Preparedness Office)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 38 ADOPT Position Adjustment Resolution No. 22541 to add one Executive Secretary-Exempt position
C. 38 ADOPT Position Adjustment Resolution No. 22541 to add one Executive Secretary-Exempt position
(unrepresented) and cancel one Secretary-Advanced Level position #7402 (represented) in the Health Services
Department. (100% Enterprise Fund I)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 39 ADOPT Position Adjustment Resolution No. 22538 to increase the hours of one Senior Health Education
Specialist position #9703 in the Health Services Department. (100% CCHP Member Premium Payments)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 40 ADOPT Position Adjustment Resolution No. 22547 to reallocate the salary of the Workforce Services
Director-Exempt (unrepresented) classification on the Salary Schedule to convert the Pay for Performance step to a
merit step, as recommended by the Human Resources Director. (No Fiscal Impact)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 41 ADOPT Position Adjustment Resolution No. 22545 to add five full time Social Worker (represented) positions
to the In-Home Supportive Services program as recommended by the Employment and Human Services Director.
(48% Federal, 39% State, 13% County)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 42 ADOPT Resolution No. 2019/612 to modify classifications previously associated with the Physicians', Dentists'
Organization of Contra Costa (PDOCC) and to provide for benefits of unrepresented physician positions to parallel
those in the new PDOCC Memorandum of Understanding, as recommended by the County Administrator.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
Leases
C. 43 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to amend a sub-sublease with Concord Jet
Service Incorporated, in an amount not to exceed $250,000 to provide aircraft hangar and office space for the period
May 1, 2017 through April 30, 2022 to reduce the leased aircraft storage space by 1,302 square feet and reduce rent
by $1,000 per month. (100% General Fund)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 44 AUTHORIZE the Public Works Director, or designee, to terminate the County’s lease of a portion of the
property located at 217 South 11th Street, Richmond, from the Rosie the Riveter Trust and DECLARE as
surplus, and APPROVE the conveyance of the modular building located at 217 South 11th Street,
Richmond to the Rosie the Riveter Trust. (No fiscal impact)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
Grants & Contracts
APPROVE and AUTHORIZE execution of agreements between the County and the following agencies for receipt of
fund and/or services:
C. 45 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Public
Health Foundation Enterprises, Inc. (dba Heluna Health), to pay County in an amount not to exceed $14,875 for the
County’s participation in the FoodNet Expanded Case Exposure Ascertainment Project to study foodborne bacteria
for the period August 1, 2019 through July 31, 2020. (No County match)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 46 APPROVE and AUTHORIZE the Health Services Director, or designee, to a execute a contract with the U. S.
Department of Veterans Affairs Northern California Health Care System, to pay County in an amount of $133,941 to
continue emergency shelter housing for homeless veterans at the Philip Dorn Respite Center in Concord for the period
September 29, 2019 through September 28, 2020. (No county match)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 47 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Kensington Police
Protection and Community Services District to pay the County an amount not to exceed $300,000 to provide law
enforcement services for the period October 22, 2019 through April 21, 2020. (100% Agency Fees)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 48 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to accept funding
from California Health Care Advocates in an amount not to exceed $5,500 to fund the Senior Medicare Patrol
Volunteer Liaison for the period September 1, 2019 through May 31, 2020. (100% Federal, No County match)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 49 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute contracts with the Defense Criminal
Investigative Services, Western Field Office, San Francisco Resident Agency and the U.S. Department of State,
Diplomatic Security Service, for use of the Sheriff's Range Facility commencing upon execution of the contract
through June 30, 2020. (100% Agency Fees)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
APPROVE and AUTHORIZE execution of agreement between the County and the following parties as noted for the
purchase of equipment and/or services:
C. 50 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Michael
C. 50 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Michael
Levin, M.D. in an amount not to exceed $285,496 to provide outpatient psychiatric services at the Central County
Adult Mental Health Clinic, and to provide expert testimony in Lanterman Petris Short conservatorship trials for the
period January 1, 2020 through December 31, 2020. (100% Mental Health Realignment)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 51 APPROVE and AUTHORIZE the Interim Risk Manager to execute a contract amendment agreement with Tuell
and Associates, Inc. to increase the payment limit by $100,000 to a new payment limit of $600,000 for additional
workers' compensation and risk management staffing services with no change to the term of November 1, 2018
through November 1, 2019. (100% Workers' Compensation Internal Service Fund)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 52 ALLOCATE $20,000 from the Livable Communities Trust (District II portion) to the Public Works
Department; APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a Memorandum of
Understanding with the City of San Ramon to participate in the San Ramon Valley Street Smarts Program for the
period July 1, 2019 through June 30, 2020, as recommended by Supervisor Andersen. (100% Livable Communities
Trust Fund)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 53 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with
Kitchell/CEM, Inc., to extend the term from December 31, 2019 to December 31, 2020, with no change to the
payment limit of $1,400,000, to provide On-Call Project Management Consulting Services for various facilities
projects, Countywide. (100% Various Funds)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 54 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a novation contract with
West Contra Costa Unified School District, in an amount not to exceed $631,910 to provide wraparound services to
severely emotionally disturbed children for the period July 1, 2019 through June 30, 2020, including a six-month
automatic extension through December 31, 2020 in an amount not to exceed $313,455. (50% Federal Medi-Cal, 49%
Mental Health Realignment, 1% West Contra Costa Unified School District)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 55 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Tranquility,
Incorporated (dba San Miguel Villa), in an amount not to exceed $900,000 to provide skilled nursing facility services to
Contra Costa Regional Medical Center and Health Center patients for the period October 1, 2019 through September
30, 2020. (100% Whole Person Care)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 56 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with
C. 56 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with
Interactive Resources, Inc., effective October 13, 2019, to extend the term from October 19, 2019 to December 31,
2020, with no change to the payment limit, to provide on-call architectural services for various facilities projects,
Countywide. (100% Various Funds)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 57 APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a contract
amendment with FCS International, Inc. (dba FirstCarbon Solutions/Michael Brandman Associates), to increase the
payment limit by $42,677 to a new payment limit of $299,119, with no change to the original term of October 1,
2018 through September 30, 2020, to complete the environmental study of the proposed 284-unit Del Hombre
apartment complex in the Walnut Creek area. (100% Land Use Permit application fees)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 58 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with
Fennie + Mehl Architects, effective October 17, 2019, to increase the payment limit by $20,000 to a new payment
limit of $300,000 and to extend the term from October 17, 2019 to October 17, 2021, to provide architectural services
for the remodel of the Contra Costa Television Studio. (100% Public Education and Government Cable Access Funds)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 59 APPROVE and AUTHORIZE the County Clerk-Recorder, or designee, to execute a contract with DMT
Solutions Global Corporation (dba Bluecrest) in an amount not to exceed $461,300 for the purchase, licensing, and
maintenance of the Relia-Vote Vantage System mail election ballot sorter, to capture the signatures on the return
identification envelopes and then sort the ballots in preparation for tabulation, effective October 3, 2019. (89%
Elections Capital Replacement funds, 11% General Fund)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 60 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Paul H.
Kwok, M.D., in an amount not to exceed $1,347,000 to provide anesthesia services at Contra Costa Regional Medical
Center and Health Centers for the period October 1, 2019 through September 30, 2022. (100% Hospital Enterprise
Fund I)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 61 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Thomas N.
Paige, M.D., in an amount not to exceed $390,000 to provide dermatology services for Contra Costa Regional Medical
Center and Health Centers for the period October 1, 2019 through September 30, 2022. (100% Hospital Enterprise
Fund I)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 62 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Kimberly
C. 62 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Kimberly
Loda, M.D., in an amount not to exceed $262,080 to provide outpatient psychiatric care services to adults in West
County for the period October 1, 2019 through September 30, 2020. (100% Mental Health Realignment)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 63 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with William
Berlingieri, M.D., in an amount not to exceed $391,680 to provide outpatient psychiatric services in West County
Costa County for the period January 1, 2020 through December 31, 2020. (100% Mental Health Services Act).
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 64 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Crestwood
Behavioral Health, Inc., in an amount not to exceed $95,000 to provide emergency residential care placement services
to mentally ill adults for the period January 1, 2020 through December 31, 2020. (100% Mental Health Realignment)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 65 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a novation contract with
Rainbow Community Center of Contra Costa County, in an amount not to exceed $782,141 to provide Mental Health
Services Act prevention and early intervention services to members of the Lesbian, Gay, Bisexual, Transgender and
Questioning community for the period July 1, 2019 through June 30, 2020, with a six-month automatic extension
through December 31, 2020 in an amount not to exceed $391,070. (100% Mental Health Services Act)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 66 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Denis
Mahar, M.D., in an amount not to exceed $1,912,000 to provide cardiology services for Contra Costa Regional
Medical Center and Health Centers for the period October 1, 2019 through September 30, 2022. (100% Hospital
Enterprise Fund I)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 67 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with
the Contra Costa County Resource Conservation District, to increase the payment limit by $200,000 to a new
payment limit of $350,000 and to extend the term from September 19, 2019 to September 20, 2020, to provide
watershed coordination and outreach services, Countywide. (100% Stormwater Utility Assessment Funds)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 68 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Debri-Tech,
Inc. (dba Rapid Recycle), in an amount not to exceed $1,975,100, to provide on-call assistance with trash and
abandoned waste cleanup and removal for the Contra Costa County Watershed Program, for the period October 15,
2019 through September 30, 2022, Countywide. (100% Stormwater Utility Assessment Funds)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 69 APPROVE amendment to the County's FY 2019/20 Community Development Block Grant Action Plan to
award a total of $2,771,523 in CDBG funds to two affordable multifamily residential rental projects, as recommended
by the Affordable Housing Finance Committee. (100% Federal funds)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 70 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Concord
Yellow Cab, Inc., in an amount not to exceed $240,000 to provide non-emergency taxicab transportation services for
Contra Costa Regional Medical Center and Health Center patients for the period July 1, 2019 through June 30, 2020.
(100% Hospital Enterprise Fund I)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 71 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a
purchase order with Sysco San Francisco, Inc., in an amount not to exceed $500,000 for food, paper products, kitchen
supplies, food storage units and other food service production items for the Contra Costa Regional Medical Center for
the period November 1, 2019 through October 31, 2020. (100% Hospital Enterprise Fund I)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 72 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a
purchase order with Boston Scientific Corporation, in an amount not to exceed $800,000 for specialty medical
supplies and equipment for the Contra Costa Regional Medical Center for the period January 1, 2020 through
December 31, 2021. (100% Hospital Enterprise Fund I)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 73 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Optum360
Solutions, LLC, in an amount not to exceed $139,021 including a Master Services License Agreement and Product
Schedule for licensed software and support for the period January 31, 2020 through January 30, 2025. (100%
Hospital Enterprise Fund I)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 74 APPROVE and AUTHORIZE the Chief Information Officer, or designee, to execute a contract amendment
with Sirius Computer Solutions, Inc., to extend the term from October 31, 2019 to October 31, 2021, and to increase
the payment limit by $100,000 to a new payment limit of $700,000 for continued IBM System Z Mainframe
Operating System services. (100% User Fees)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 75 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a
C. 75 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a
purchase order with Depuy Synthes Sales, Inc., in an amount not to exceed $1,750,000 for instruments and supplies
for the Contra Costa Regional Medical Center for the period April 1, 2020 through March 31, 2024. (100% Hospital
Enterprise Fund I)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 76 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with The Sun
Healthcare and Surgery Group, Inc., in an amount not to exceed $538,000 to provide podiatry services to Contra Costa
Regional Medical Center and Health Center patients for the period October 1, 2019 through September 30, 2021.
(100% Hospital Enterprise Fund I)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 77 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a novation contract with
Desarrollo Familiar, Inc. (dba Familias Unidas), in an amount not to exceed $291,635 to provide referral, consultation
and education, and outpatient mental health services in West County for the period July 1, 2019 through June 30,
2020, including a six-month automatic extension through December 31, 2020 in an amount not to exceed $145,817.
(5% Federal Medi-Cal; 39% Substance Abuse/Mental Health Services Administration Grant; 56% Mental Health
Realignment)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 78 APPROVE and AUTHORIZE the Director of Human Resources or designee, to execute contract amendments
with AppleOne Employment Services and Nelson Family of Companies to extend the terms from June 30, 2017
through May 31, 2020 for temporary staffing services, Countywide. (100% charges to user departments)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 79 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a
purchase order with Covidien Holding, Inc., in an amount not to exceed $2,250,000 for instruments, sutures, and
supplies for the Contra Costa Regional Medical Center for the period February 1, 2020 through January 31, 2024.
(100% Hospital Enterprise Fund I)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 80 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with
La Clinica De La Raza, Inc., effective July 1, 2019, to modify the physician recruitment incentive with no change in the
payment limit of $3,000,000 or term July 1, 2019 through June 30, 2020. (100% Contra Costa Health Plan Enterprise
Fund II)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 81 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with
C. 81 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with
JVTCM Care, LLC, effective October 1, 2019, to increase the payment limit by $60,000 to a new payment limit of
$205,401, to provide additional augmented board and care services with no change in the term August 1, 2019
through July 31, 2020. (100% Mental Health Realignment funds)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 82 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with
Center Point, Inc., effective October 1, 2019, to increase the payment limit by $275,256 to a new payment limit of
$1,208,233 to provide drug abuse prevention and treatment services for Contra Costa County adults with co-occurring
substance abuse and mental disorders for the period July 1, 2019 through June 30, 2020 (80% Substance Abuse
Prevention and Treatment Block Grant Perinatal and 20% Assembly Bill 109)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 83 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Healthright
360, in an amount not to exceed $835,424 to provide drug abuse prevention and treatment services for Contra Costa
County adults for the period October 1, 2019 through June 30, 2020. (49% Drug Medi-Cal; 51% Substance Abuse
Prevention and Treatment Block Grant)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 84 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a novation contract with
Martinez Unified School District in an amount not to exceed $191,336 to provide prevention and early intervention
services to high-school aged youth in Martinez for the period July 1, 2019 through June 30, 2020, including a
six-month automatic extension through December 31, 2020 in an amount not to exceed $95,668. (100% Mental
Health Services Act)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 85 APPROVE and AUTHORIZE the County Administrator, or designee, to execute contracts including modified
indemnification with Martha Anthony and Richard Frankel, each in an amount not to exceed $50,000, to provide
mental health hearing officer services, upon appointment by the Superior Court, for detainees at County detention
facilities, for the period October 1, 2019 through December 31, 2021. (100% Contra Costa County Superior Court
funds)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
Other Actions
C. 86 APPROVE the list of providers recommended by Contra Costa Health Plan's Medical Director on September
25, 2019, 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. (No fiscal impact)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 87 DIRECT the Auditor-Controller to release a total of $4,961.40 from the Fish and Wildlife Propagation Fund to
the Contra Costa Resource Conservation District to cover expenditures related to hosting the 6th Quadrennial Creek
and Watershed Symposium, as recommended by the Fish and Wildlife Committee. (100% Fish and Wildlife
Propagation Fund)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 88 ADOPT Resolution No. 2019/572, approving a Settlement Agreement and Side Letter between Contra Costa
County and Teamsters Local 856, modifying the current Memorandum of Understanding (July 1, 2016 - June 30,
2022) regarding Clinical Lab Scientists pay and schedules, as recommended by the County Administrator.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 89 ADOPT Resolution No. 2019/604 authorizing the sale of specified tax-defaulted property at public auction,
pursuant to the California Revenue and Taxation Code §3698, as recommended by the Treasurer-Tax Collector.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 90 APPROVE an amendment to the County's FY 2019/20 Community Development Block Grant Action Plan, to
award up to $95,000 for relocation costs associated with the rehabilitation of Richmond Neighborhood Housing
Services housing units, as recommended by the Affordable Housing Finance Committee. (100% Federal funds)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 91 APPROVE and AUTHORIZE the Auditor-Controller, to issue a payment, on behalf of the Public Works
Department, in the amount of $2,000 payable to the Community Foundation of Alamo from County Service Area R-7,
for the holiday lights at Andrew H. Young Park, Alamo area. (100% County Service Area R-7 Funds)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 92 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to renew Cardroom License Number 6, known
as "California Grand Casino", currently located at 5988 Pacheco Blvd., Pacheco area, for the period November 26,
2019 through November 25, 2020. (100% Revenue)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 93 ADOPT Resolution No. 2019/608 approving the issuance of multifamily housing revenue bonds by the
California Statewide Communities Development Authority in an amount not to exceed $85,000,000 to finance the
acquisition and rehabilitation of Hilltop Commons Apartments located at 15690 Crestwood Drive in the
unincorporated area of the County near San Pablo, and AUTHORIZE other related actions, as recommended by the
Conservation and Development Director. (100% Special Revenue Funds)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 94 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a Memorandum of Understanding
with the California Department of Justice for the use of the Mobile Identification System. (No fiscal impact)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 95 DECLARE as surplus and AUTHORIZE the Purchasing Agent to dispose of fully depreciated vehicles and
equipment no longer needed for public use, as recommended by the Public Works Director, Countywide. (No fiscal
impact)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 96 ADOPT Resolution No. 2019/606 approving the Side Letter between the County of Contra Costa and IFPTE,
Local 21 modifying Appendix E of the MOU to add the classification of Public Health Chief of Nursing and Clinical
Services to the list of classifications eligible for on-call pay, as recommended by the County Administrator.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
C. 97 APPROVE and AUTHORIZE the Auditor-Controller to issue a refund of overpayment of documentary transfer
tax totaling an amount not to exceed $523 to specified parties, as recommended by the County Clerk-Recorder.
(100% General Fund)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane
Burgis, District IV Supervisor Karen Mitchoff
Other: District V Supervisor Federal D. Glover (ABSENT)
GENERAL INFORMATION
The Board meets in all its capacities pursuant to Ordinance Code Section 24-2.402, including as the Housing Authority and the
Successor Agency to the Redevelopment Agency. Persons who wish to address the Board should complete the form provided for
that purpose and furnish a copy of any written statement to the Clerk.
Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the Clerk of the
Board to a majority of the members of the Board of Supervisors less than 72 hours prior to that meeting are available for public
inspection at 651 Pine Street, First Floor, Room 106, Martinez, CA 94553, during normal business hours.
All matters listed under CONSENT ITEMS are considered by the Board to be routine and will be enacted by one motion. There
will be no separate discussion of these items unless requested by a member of the Board or a member of the public prior to the
time the Board votes on the motion to adopt.
Persons who wish to speak on matters set for PUBLIC HEARINGS will be heard when the Chair calls for comments from those
persons who are in support thereof or in opposition thereto. After persons have spoken, the hearing is closed and the matter is
subject to discussion and action by the Board. Comments on matters listed on the agenda or otherwise within the purview of the
Board of Supervisors can be submitted to the office of the Clerk of the Board via mail: Board of Supervisors, 651 Pine Street
Room 106, Martinez, CA 94553; by fax: 925-335-1913.
The County will provide reasonable accommodations for persons with disabilities planning to attend Board meetings who contact
the Clerk of the Board at least 24 hours before the meeting, at (925) 335-1900; TDD (925) 335-1915. An assistive listening
device is available from the Clerk, Room 106.
Copies of recordings of all or portions of a Board meeting may be purchased from the Clerk of the Board. Please telephone the
Office of the Clerk of the Board, (925) 335-1900, to make the necessary arrangements.
Forms are available to anyone desiring to submit an inspirational thought nomination for inclusion on the Board Agenda. Forms
may be obtained at the Office of the County Administrator or Office of the Clerk of the Board, 651 Pine Street, Martinez,
California.
Applications for personal subscriptions to the weekly Board Agenda may be obtained by calling the Office of the Clerk of the
Board, (925) 335-1900. The weekly agenda may also be viewed on the County’s Internet Web Page:
www.co.contra-costa.ca.us
STANDING COMMITTEES
The Airport Committee (Supervisors Diane Burgis and Karen Mitchoff) meets on the second Wednesday of the month at 11:00
a.m. at Director of Airports Office, 550 Sally Ride Drive, Concord.
The Family and Human Services Committee (Supervisors Candace Andersen and John Gioia) meets on the fourth Monday of
the month at 10:30 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez.
The Finance Committee (Supervisors Karen Mitchoff and John Gioia) meets on the fourth Monday of the month at 9:00 a.m. in
Room 101, County Administration Building, 651 Pine Street, Martinez.
The Hiring Outreach Oversight Committee (Supervisors Candace Andersen and Federal D. Glover) meets on the first Monday
of every other month at 1:00 p.m. in Room 101, County Administration Building, 651 Pine Street, Martinez.
The Internal Operations Committee (Supervisors Diane Burgis and Candace Andersen) meets on the second Monday of the
month at 1:00 p.m. in Room 101, County Administration Building, 651 Pine Street, Martinez.
The Legislation Committee (Supervisors Karen Mitchoff and Diane Burgis) meets on the second Monday of the month at 10:30
a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez.
The Public Protection Committee (Supervisors John Gioia and Federal D. Glover) meets on the first Monday of the month at
10:30 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez.
The Transportation, Water & Infrastructure Committee (Supervisors Karen Mitchoff and Candace Andersen) meets on the
second Monday of the month at 9:00 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez.
COMMITTEE DATE TIME PLACE
Airports Committee November 13, 2019 11:00 a.m.See above
Family & Human Services Committee November 25, 2019 Canceled
Special Meeting November 13, 2019
10:30 a.m.See above
Finance Committee November 25, 2019 Canceled
Special Meeting November 4, 2019
9:00 a.m. See above
Hiring Outreach Oversight Committee TBD TBD See above
Internal Operations Committee November 11, 2019 Canceled
December 9, 2019
1:00 p.m.See above
Legislation Committee Special Meeting November 4, 2019 11:00 a.m.Room 108
Public Protection Committee November 4, 2019 10:30 a.m.See above
Sustainability Committee Special Meeting December 9, 2019 9:30 a.m.Room 108
Transportation, Water & Infrastructure Committee November 11, 2019 Canceled
Special Meeting November 14, 2019
2:00 p.m.See above
PERSONS WHO WISH TO ADDRESS THE BOARD DURING PUBLIC COMMENT OR WITH
RESPECT TO AN ITEM THAT IS ON THE AGENDA, MAY BE LIMITED TO TWO (2) MINUTES
A LUNCH BREAK MAY BE CALLED AT THE DISCRETION OF THE BOARD CHAIR
AGENDA DEADLINE: Thursday, 12 noon, 12 days before the Tuesday Board meetings.
Glossary of Acronyms, Abbreviations, and other Terms (in alphabetical order):
Contra Costa County has a policy of making limited use of acronyms, abbreviations, and industry-specific language in its Board
of Supervisors meetings and written materials. Following is a list of commonly used language that may appear in oral
presentations and written materials associated with Board meetings:
AB Assembly Bill
ABAG Association of Bay Area Governments
ACA Assembly Constitutional Amendment
ADA Americans with Disabilities Act of 1990
AFSCME American Federation of State County and Municipal Employees
AICP American Institute of Certified Planners
AIDS Acquired Immunodeficiency Syndrome
ALUC Airport Land Use Commission
AOD Alcohol and Other Drugs
ARRA American Recovery & Reinvestment Act of 2009
BAAQMD Bay Area Air Quality Management District
BART Bay Area Rapid Transit District
BayRICS Bay Area Regional Interoperable Communications System
BCDC Bay Conservation & Development Commission
BGO Better Government Ordinance
BOS Board of Supervisors
CALTRANS California Department of Transportation
CalWIN California Works Information Network
CalWORKS California Work Opportunity and Responsibility to Kids
CAER Community Awareness Emergency Response
CAO County Administrative Officer or Office
CCCPFD (ConFire) Contra Costa County Fire Protection District
CCHP Contra Costa Health Plan
CCTA Contra Costa Transportation Authority
CCRMC Contra Costa Regional Medical Center
CCWD Contra Costa Water District
CDBG Community Development Block Grant
CFDA Catalog of Federal Domestic Assistance
CEQA California Environmental Quality Act
CIO Chief Information Officer
COLA Cost of living adjustment
ConFire (CCCFPD) Contra Costa County Fire Protection District
CPA Certified Public Accountant
CPI Consumer Price Index
CSA County Service Area
CSAC California State Association of Counties
CTC California Transportation Commission
dba doing business as
DSRIP Delivery System Reform Incentive Program
EBMUD East Bay Municipal Utility District
ECCFPD East Contra Costa Fire Protection District
EIR Environmental Impact Report
EIS Environmental Impact Statement
EMCC Emergency Medical Care Committee
EMS Emergency Medical Services
EPSDT Early State Periodic Screening, Diagnosis and Treatment Program (Mental Health)
et al. et alii (and others)
FAA Federal Aviation Administration
FEMA Federal Emergency Management Agency
F&HS Family and Human Services Committee
First 5 First Five Children and Families Commission (Proposition 10)
FTE Full Time Equivalent
FY Fiscal Year
GHAD Geologic Hazard Abatement District
GIS Geographic Information System
HCD (State Dept of) Housing & Community Development
HHS (State Dept of ) Health and Human Services
HIPAA Health Insurance Portability and Accountability Act
HIV Human Immunodeficiency Syndrome
HOV High Occupancy Vehicle
HR Human Resources
HUD United States Department of Housing and Urban Development
IHSS In-Home Supportive Services
Inc. Incorporated
IOC Internal Operations Committee
ISO Industrial Safety Ordinance
JPA Joint (exercise of) Powers Authority or Agreement
Lamorinda Lafayette-Moraga-Orinda Area
LAFCo Local Agency Formation Commission
LLC Limited Liability Company
LLP Limited Liability Partnership
Local 1 Public Employees Union Local 1
LVN Licensed Vocational Nurse
MAC Municipal Advisory Council
MBE Minority Business Enterprise
M.D. Medical Doctor
M.F.T. Marriage and Family Therapist
MIS Management Information System
MOE Maintenance of Effort
MOU Memorandum of Understanding
MTC Metropolitan Transportation Commission
NACo National Association of Counties
NEPA National Environmental Policy Act
OB-GYN Obstetrics and Gynecology
O.D. Doctor of Optometry
OES-EOC Office of Emergency Services-Emergency Operations Center
OPEB Other Post Employment Benefits
OSHA Occupational Safety and Health Administration
PARS Public Agencies Retirement Services
PEPRA Public Employees Pension Reform Act
Psy.D. Doctor of Psychology
RDA Redevelopment Agency
RFI Request For Information
RFP Request For Proposal
RFQ Request For Qualifications
RN Registered Nurse
SB Senate Bill
SBE Small Business Enterprise
SEIU Service Employees International Union
SUASI Super Urban Area Security Initiative
SWAT Southwest Area Transportation Committee
TRANSPAC Transportation Partnership & Cooperation (Central)
TRANSPLAN Transportation Planning Committee (East County)
TRE or TTE Trustee
TWIC Transportation, Water and Infrastructure Committee
UASI Urban Area Security Initiative
VA Department of Veterans Affairs
vs. versus (against)
WAN Wide Area Network
WBE Women Business Enterprise
WCCTAC West Contra Costa Transportation Advisory Committee
RECOMMENDATION(S):
RECEIVE update report on the current status of the NuStar Energy incident from the Director of
Hazardous Materials and the Contra Costa County Fire Protection District Fire Chief.
FISCAL IMPACT:
None. This is a critical incident update.
BACKGROUND:
There was an explosion at an oil storage facility on the afternoon of October 15. The blast occurred at
NuStar’s facility, which stores fuels and hydrocarbons, at 90 San Pablo Avenue near the Cummings
Skyway in Crockett. The cause of the explosion is currently under investigation.
CONSEQUENCE OF NEGATIVE ACTION:
The Board of Supervisors will not have the more current information regarding the NuStar Energy
incident.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
Contact: Randy Sawyer,
925-335-3200
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: , Deputy
cc: Anna Roth, Director of Health Services, Lewis Broschard, CCCFPD Chief
D.3
To:Board of Supervisors
From:David Twa, County Administrator
Date:October 22, 2019
Contra
Costa
County
Subject:Status of the NuStar Energy Incident in Crockett
CLERK'S ADDENDUM
Speakers: Marilyn Bardet, Benicia Good Neighbor Steering Committee; Greg Karras, Citizens for a
Better Environment; Andres Soto, CBE; Matt Krough, Stand Earth; Charles Davidson, resident of
Hercules; Janet Pyegeorge, RCA Non prrofit; Maureen Brennan; Isabella Zizi, Stand; Vincent Wells,
Local 1230; Jackie Garcia, contra Costa Interfaith Climate Action Network; Nancy Reiser, Crockett
Rodeo United To Defend the Environment; Dan Torres, Local 483.
Randy Sawyer, Director of Hazardous Materials Program, and Lewis Broschard, Contra Costa County
Fire Protection Chief (ConFire) addressed the Board. Mr. Sawyer provided a slide presentation
(attached).
On October 15, 2019, NuStar, a fuels storage facility in Crockett, reported a fire and explosion to the
Crockett-Carquinez Fire Department via the 911 system, involving petrochemical storage tanks and said
that they were evacuating.
Engine 78 of Crockett-Carquinez fire responded. The engine crew reported that there were tanks on fire
and a vegetation fire as well. They reported that on-site fire suppression equipment was not functioning.
Additional engine companies joined the effort.
En route to the scene, the Fire Department requested additional resources from the Petrochemical
Mutual Aid Organization (PMAO) and East Bay Incident Management team (EB-IMT) to assist
ConFire. All groups responded swiftly. The vegetation fire was extinguished, no structures were lost,
and no loss of life.
Chief Broschard emphasized the vital role of PMAO in providing the resources, especially additional
foam that cooled the fuel tanks. In excess of 30 thousand gallons was used in the incident. He was also
pleased with the very swift response from EB-IMT, getting experts on site, including personnel from
Contra Costa County and Alameda County. Chief Broschard noted the assistance from the Fire Chiefs
of Phillips 66, Marathon, and Shell.
The Community Warning System was activated, nearby residents evacuated, air monitoring initiated,
and nearby roads closed to traffic. The call came into the 911 system at 1:48 p.m., the all clear activated
at 9:30 p.m. No lives were lost, and no structures outside the original tanks involved in the incident.
ConFire is not aware of any chemical products leaving the site.
Three Public Information Officers worked to keep the public informed via many media outlets.
The Board inquired about the incident training of personnel in these small facilities, the equipment
standards on the sites, whether the staff were able and/or trained to activate the community warning
system, and whether they were included in facilities guided by the Industrial Safety Ordinance.
There will be a very detailed After Action Report following the fire investigation. Many agencies will
take part in the investigation, including but not limited to Cal OSHA, ConFire, Bay Area Air Quality
Management, Fish and Wildlife, the Hazardous Materials Division, and the ATF. A search warrant has
been issued to protect the property scene and access for officials as the investigation goes forward. It
will take time before the tanks are safe to approach.
Supervisor Gioia and Supervisor Glover will meet with the Industrial Safety Ordinance Ad Hoc
Committee to look into whether the ordinance should be extended to the 16 storage facilities in the
county, discussion of land use permits and regulations, and actions taken before resumption of business.
AGENDA ATTACHMENTS
MINUTES ATTACHMENTS
Correspondence Received
RECOMMENDATION(S):
1. CONSIDER waiving the 180-day ‘sit out period’ for Editha Guevarra, Health Services Reimbursement
Accountant in the Health Services Department;
2. FIND that the appointment of Ms. Guevarra is necessary to provide back-up coverage for employee
vacation, sick leave and unplanned absences; and
3. APPROVE and AUTHORIZE the hiring of retiree Ms. Guevarra as a temporary employee effective
November 1, 2019 through October 31, 2020.
FISCAL IMPACT:
Upon approval, this action has a maximum cost of approximately $55,000. This action will be funded 100%
by Enterprise Fund I.
BACKGROUND:
Editha Guevarra retired on September 20, 2019, after 30 years with the County. As a Health Services
Reimbursement Accountant, Ms. Guevarra worked in the Health Services Finance unit managing the
Hospital and Clinics accounting functions and overseeing the Enterprise Fund I account, the largest revenue
fund in the department. Ms. Guevarra's duties and responsibilities are highly specialized and requires
advanced knowledge on the preparation of healthcare reimbursement from payment sources such as
Medicare and Medi-Cal.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Dorette McCollumn,
925-957-5251
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
D.4
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:October 22, 2019
Contra
Costa
County
Subject:Temporary Hire of County Retiree-Waiver of 180-day Sit-out Period
BACKGROUND: (CONT'D)
Moreover, the Finance unit has experienced significant turnover over the past few years including four
retirements in 2019. Ms. Guevarra is familiar with all aspects of the Finance unit's operations and is willing
to make herself available on a limited basis to provide back-up coverage for employee vacations, sick leave
and unplanned absences.
The department will be recruiting to fill the vacancy and Ms. Guevarra's knowledge and skills are necessary
to help train and mentor her replacement. In addition to providing training to the new hire, Ms. Guevarra
will be available on an “as needed” basis to cover for leaves of absences and maintain stability in the
Finance unit.
CONSEQUENCE OF NEGATIVE ACTION:
The accounting cycle has different deliverables throughout the year, and Ms. Guevarra will enable the
Finance unit to bridge gaps in the learning curve for the new unit manager and four new accountants.
RECOMMENDATION(S):
1. OPEN the public hearing on the Laurel Drive Subdivision Project, RECEIVE public testimony, and
CLOSE the hearing.
2. FIND that the mitigated negative declaration prepared for the Project adequately analyzes the Project's
environmental impacts, that there is no substantial evidence that the Project will have a significant impact
on the environment, and that the mitigated negative declaration reflects the County's independent judgment
and analysis.
3. ADOPT the mitigated negative declaration prepared for the Project.
4. ADOPT the mitigation monitoring program for the Project.
5. DIRECT the Department of Conservation and Development to file a CEQA Notice of Determination
with the County Clerk.
6. SPECIFY that the Department of Conservation and Development, located at 30 Muir Road, Martinez,
California, is the custodian of the documents and other material that constitutes the record of proceedings
upon which the decision of the Board of Supervisors is based.
7.ADOPT Ordinance No. 2019-23, rezoning the subject property from R-40 Single-Family Residential
District to R-15 Single-Family Residential District.
8. APPROVE the Laurel Drive Subdivision Project.
9. APPROVE the findings in support of the Project.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V Supervisor
Contact: Francisco Avila, (925)
674-7801
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
D.5
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:October 22, 2019
Contra
Costa
County
Subject:Laurel Drive Subdivision Project (#RZ18-3244)
RECOMMENDATION(S): (CONT'D)
10. ACKNOWLEDGE that the Planning Commission approved the vesting tentative map for the
Project, and no appeal of this approval was filed.
FISCAL IMPACT:
None. The applicant has paid the initial deposit, and is obligated to pay supplemental fees to cover any
and all additional costs associated with the application processing.
BACKGROUND:
In August of 2018, the applicant submitted an 8-lot subdivision proposal which included a request to
rezone the subject property from R-40 Single-Family Residential District (R-40) to R-15 Single-Family
Residential District (R-15). The R-15 zoning district was chosen to align with the surrounding properties
which have been developed with housing projects of similar density. The proposed 8 new residential lots
range in size from 15,000 square feet to 18,000 square feet in area. The project also includes a request to
remove 30 trees in order to construct the related subdivision improvements, 4,422 total cubic yards of
grading, an exemption request from the off-site collect and convey requirements, and an annexation
request in order to extend wastewater services to the subject site from the City of Concord. As part of
the annexation request, the applicant will either have the subject property annexed into the City of
Concord boundaries or enter into an Out of Area Service Agreement in order to receive wastewater
services.The subdivision portion of the project was approved by the County Planning Commission
(CPC) on September 11, 2019. The CPC approval included a recommendation to the Board of
Supervisors to approve the rezoning request.
Site Description
The subject site is located at 5175 Laurel Drive, Concord, and consists of 3.6 total acres. One
single-family residence and associated accessory structures are currently located on the property. A total
of 30 trees are scattered throughout the site. The lot is generally rectangular in shape, 402 feet long,
approximately 389 feet wide and has a 5-foot drop in grade elevation from the Laurel Drive frontage to
the rear of the property.
Environmental Review
In accordance with the state Guidelines for Implementation of the California Environmental Quality Act
(CEQA), an initial study was prepared to determine potential environmental impacts of the proposed
project. Upon completion of the initial study, it was determined that mitigation measures could be
incorporated into the project description that would reduce project impacts to a less than significant level.
The initial study and Notice of Public Review and Notice of Intent to Adopt a Mitigated Negative
Declaration was posted with the County Recorder and circulated for a public review on June 26, 2019.
The final day for providing comments on the adequacy of the initial study was July 26, 2019. One letter
in opposition to the project was received from an adjacent neighbor (9902 Malu Lane, Concord) and an
informational letter was received from the Contra Costa Mosquito & Vector Control District (letters
attached). In summary, the property owner of 9902 Malu Lane, contends that the project should be
limited to four lots instead of the proposed eight in order to preserve current aesthetics and vegetation
(Walnut trees). However, the project site has a General Plan designation of Single-Family
Residential-Low Density (SL) which allows between 1.0 and 2.9 residences per net acre which is the
basis for this rezoning request. As the site consists of 3.1 net acres, the SL designation allows for 9 lots
where 8 lots are being proposed. Thus, the project is consistent with the General Plan designation for the
subject property. As mentioned above, the CPC has considered the application and public comments and
found the proposal to be appropriate for the site and area in which it is situated. Since the the September
11, 2019, CPC hearing for this project, no additional comments has been provided to the County.
Rezoning
The site's current zoning designation is R-40 Single-Family Residential District. Changing the zoning of
the subject property to R-15 Single-Family Residential District requires the following three findings be
made: 1) compliance with the underlying General Plan designation; 2) compatibility with the proposed
district and uses in adjacent districts; and 3) demonstration of community need. The General Plan
designation for the site is Single-Family Residential-Low Density (SL), which allows 1.0 to 2.9 single
family units per net acre. With a total net area of 3.1 acres for this site (3.6 acres gross minus 0.5 acres
for roadway improvements, etc.), the project is allowed a minimum of 3 and a maximum of 9 residential
units. As the proposal includes 8 new lots, the project is within the allowable density range of the SL
designation. With regards to compatibility with the proposed zoning district and adjacent zoning
districts, the project will reclassify the site from one single-family residential district to another. Each
new lot will meet or exceed the minimum lot area, depth and average width requirements as required by
the proposed R-15 zoning district. The surrounding zoning districts are entirely single family districts,
ranging from R-10 to R-40, a similar range of densities to the proposal for the subject site and
compatible with the densities of the surrounding neighborhoods in Concord. No uses capable of
producing toxic waste, excessive noise, or vibration are allowable with the R-15 zoning district,
therefore, the use of the site will remain compatible with the intended zoning district and adjacent
residential districts. Furthermore, the project site currently contains numerous dilapidated structures
which have resulted in a blight for the community. Approval of the rezoning request will enable the
developer to improve upon a property that is underutilized, as well as remove a potential safety hazard
for nearby residents. Given the information provided above, the CPC found the rezoning request to be
appropriate for the site and recommended the Board approve the project.
Conclusion
County staff has analyzed the proposed 8-lot Laurel Place IV subdivision and rezone in terms of
consistency with the neighborhood, appropriateness of use and conformance with the County General
Plan and zoning code. Environmental analysis has identified potential impacts in areas of Aesthetics,
Biology, Cultural Resources, Air Quality, and Geology. Consequently, mitigation measures have been
incorporated into this project which reduce any potential impact to less-than-significant levels. Several
members of the community attended the September 11, 2019, CPC hearing for this project and offered
support. The single letter of opposition to the project did not offer any compelling evidence that
warranted new mitigations or changes to the project. Upon reviewing the project and taking public
testimony at the September 2019, hearing, the CPC unanimously approved the subdivision portion of
the project and recommended that the Board of Supervisors approve the requested rezoning, County File
Number RZ18-3244.
CONSEQUENCE OF NEGATIVE ACTION:
If denied, the subject property and existing improvements would remain within its present R-40
Single-Family Residential District and the subdivision project will not be constructed.
CHILDREN'S IMPACT STATEMENT:
The project involves a rezoning of the subject property from one residential zoning district to another,
therefore, there will be no impacts on children's programs within the County.
CLERK'S ADDENDUM
Speakers: Christina Gonzalez.
AGENDA ATTACHMENTS
General Plan Map
Zoning Map
Aerial View
Ordinance No. 2019-23
CPC Sept. 11, 2019 Staff Report
CPC Approved Findings and COAs
CEQA Negative Declaration
CEQA Initial Study
CEQA MMRP
Public Comments
Vesting Tentative Map
Public Notification List
BOS Power Point Presentation
MINUTES ATTACHMENTS
Signed Ordinance No. 2019-23
R-15
R-40
R-10
City of Concord
City of Concord
Laurel Dr Ellard PlKaras Ct
ORDINANCE NO ._____________ (Re -Zoning Land in the
__________________________ Area)
The Contra Costa Co unty Board of Supe rviso rs ordains as fo llows:
Page ________________ of the Coun ty's 2 005 Zon ing Map (O rd. No. 2005-03 ) is amended byre-zon ing the land in the above area shown shade d o n the map(s) attached hereto and incorpo ra ted he re in (see also De partmen t of Con se rva tio n a nd Develop men t File No. _____________________ .)
FRO M: L and Use D istrict ______________ (_______________________________________)
TO : Land Use District ______________ (_______________________________________) and the De partmen t of Con se rvatio n a nd D evelopmen t Director sha ll change the Zoning Ma p acco rd ingly, p ursuant to Ordinance Code Sec. 84.2.002.
This ordina nce b ecome s effective 30 da ys after passage , and within15 d ays of p assage shall be pub lished on ce with the names of su pervisors voting for a nd again st it inthe __________________________________ , a ne wspaper published in this C ounty.
PASSED on ________________by th e followin g vote:
Su pervisor
SECTIO N II. EFFECTIVE DATE.
SECTIO N I:
Aye No Ab se nt Ab stain
1. J. Gioia ( ) ( ) ( ) ( ) 2. C. Andersen ( ) ( ) ( ) ( ) 3. D. Burgis ( ) ( ) ( ) ( ) 4. K. Mitcho ff ( ) ( ) ( ) ( )5. F.D. Glove r ( ) ( ) ( ) ( )
ATTEST: David Tw a, Coun ty Administratorand Clerk of the Boa rd o f Supervisors __________________________________________________ Cha irma n o f th e Boa rdBy__________________________________, Dep. (SEAL )
ORDINANCE NO ._____________
RZ18-3244 - Joe Sordi - Lenox Homes, LLC
2019 - 23
Concord
J-17
RZ18-3244R-40
R-15
(S ingle Family Residential)
(S ingle Family Residential)
2019 - 23
Department of Conservation and Development
County Planning Commission
Wednesday, September 11, 2019–7:00 P.M.
STAFF REPORT Agenda Item #_____
Project Title:
Laurel Place IV Vesting Tentative Map
County File Numbers:
SD18-9495 and RZ18-3244
Applicant:
Owners:
Lenox Homes, LLC
Harrel Trust
General Plan/Zoning:
Single-Family Residential-Low Density / R-40 Single-Family
Residential District
Project Location: The site is comprised of one parcel totaling 3.6-acres located at
5175 Laurel Drive in the Concord area. (APN: 117-040-086)
California Environmental
Quality Act (CEQA) Status:
A Mitigated Negative Declaration (MND) indicating no
significant environmental impacts has been prepared for the
project.
Project Planner: Francisco Avila, Senior Planner (925) 674-7801
Staff Recommendation: Staff is recommending the County Planning Commission
approve the subdivision contingent upon the Board’s granting
of the re-zoning request. See full recommendation in Section II.
I. PROJECT SUMMARY
The applicant is requesting approval of a vesting tentative map to subdivide 3.6 acres
into 8 new residential lots. Lots range in size from 15,000 square feet to 18,000
square feet in area. Access will be provided via a new private road constructed to
County public road standards that includes a sidewalk and guest parking. The project
also includes a request to re-zone the property from R-40 to R-15 Single-Family
Residential District, a tree permit request to remove 30 trees and an exemption from
County Ordinance Code, Chapter 914-2.004 regarding collect and convey
requirements.
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II. RECOMMENDATION
Staff recommends that the County Planning Commission:
A. FIND that on the basis of the whole record before the County that there is no
substantial evidence the project will have a significant effect on the
environment and that the June 26, 2019, Mitigated Negative Declaration
prepared for the project reflects the County’s independent judgment and
analysis;
B. ADOPT the June 26, 2019, Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program prepared for the project;
D. APPROVE the Laurel IV Vesting Tentative Map date received February 27, 2019,
by the Department of Conservation and Development, Current Planning
Division.
E. ADOPT a motion recommending that the Board of Supervisors:
1. FIND that on the basis of the whole record before the County that there
is no substantial evidence the project will have a significant effect on
the environment and that the June 26, 2019, Mitigated Negative
Declaration prepared for the project reflects the County’s independent
judgment and analysis and ADOPT the proposed Negative Declaration.
2. RECOMMEND approval of Ordinance No. 2019-23 to re-zone the
subject property, Parcel 117-040-086, from a R-40 Single-Family
Residential District to a R-15 Single-Family Residential District; and
3. DIRECT the Department of Conservation and Development staff to file
a Notice of Determination with the County Clerk.
The documents and other materials that constitute the record of proceedings upon
which the County Planning Commission’s decision is based are located at the
Department of Conservation and Development under the custodiansh ip of the
project planner.
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III. GENERAL INFORMATION
A. General Plan: The subject property is located within a Single-Family Residential-
Low Density District (SL). The SL designation has a density range of 1.0 to 2.9
units per net acre.
B. Zoning: The site is located within the R-40 Single-Family Residential District.
C. CEQA Status: On June 26, 2019, an Initial Study was prepared for the project and
posted and circulated for public review. Upon completion of the initial study, it
was found that the project would not result in any significant environmental
impacts. One letter in opposition to the project was received from an adjacent
neighbor and another informational letter was received from the Contra Costa
Mosquito & Vector Control District. Each letter is discussed in Section VI. below.
D. Origin of Parcel: The parcel was created with the recordation of Ayers Ranch Maps
in 1912.
E. Previous Applications: None.
IV. SITE/AREA DESCRIPTION
The subject site is located at the northern side of Laurel Drive, 1,000 feet south of
the Ayers Road/Laurel Drive intersection in the Concord area. The Assessor’s Parcel
Number for the site is 117-040-086. The property consists of 3.6 total acres and is
currently developed with one single-family residence and associated accessory
structures. A total of 30 trees are scattered throughout the property. The site is
generally rectangular in shape, 402 feet long, approximately 389 feet wide and has
a 5-foot drop in grade elevation from the Laurel Drive frontage to the rear of the
property.
V. PROJECT DESCRIPTION
The applicant is requesting approval of a 8-lot Vesting Tentative Map and a re-
zone from R-40 to R-15. The details of the request are described below:
A. Subdivision
The proposed tentative map identifies 8 lots ranging in size from 15,000 to
18,000 square feet in area. The lots will be accessed via a new private road to
be constructed within a 33.5-foot-wide access easement. The new private road
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will be constructed to County public road standards and will include a sidewalk
and guest parking. The new road will intersect with Laurel Drive at a single
location. All drainage features, streets and other common areas will be
maintained by home owners of the subdivision via a maintenance agreement.
4,422 total cubic yards of soil will be graded and balanced on-site in order to
create the building pads, roadway and related subdivision improvements.
B. Re-Zoning
The project includes a re-zoning from R-40 Single-Family Residential District
to R-15 Single-Family Residential District.
C. Building Design
The Laurel Place IV subdivision development will offer two housing plans that
include single story designs, three car garages and guest parking within the
driveways. The maximum height of Plan 1 is 23 feet and 25 feet tall for the Plan
2 home. According to the developer, there will be several elevation styles and
color schemes for variety.
D. Trees Removal
The removal of 30 trees will be necessary in order to create the new lots,
grading, roadway construction, and installation of drainage facilities. No
specific landscaping plans have been submitted for individual lots, however,
as home sites are developed, landscaping plans may be necessary if required
by County Ordinance (e.g., over 500 square feet of new landscaping).
E. Inclusionary Housing Ordinance
Residential development applications proposing 5 through 125 for-sale units,
are subject to the Inclusionary Housing Ordinance, Chapter 822-4. In this case,
the project must include the required number of Inclusionary Housing units or
pay the in-lieu fee. Thus, the applicant has elected to pay the total in-lieu fee
of $52,800.48 in order to satisfy ordinance requirements.
E. Site Access, Guest Parking and Sidewalk
Site access will be provided by a private road to be constructed within a 33.5-
foot wide access/utility easement. The roadway will include 8 guest parking
spaces, curbs/gutters and a sidewalk. A Fire District turn-around will be located
at the terminus of the roadway.
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F. Exemption Request
The project includes an exemption request from County Ordinance Code,
Division 914, Chapter 914-2.004 to provide relief from the off-site collect and
convey requirements. The request is supported by Public Works Department
staff and is further discussed below in Section VIII. D.
G. Annexation Request
The project also includes an annexation request in order to extend wastewater
services to the subject site from the City of Concord (contiguous to the site).
The project applicant will either have the subject property annexed into the
City of Concord boundaries or enter into an Out of Area Service Agreement in
order to receive wastewater services.
VI. AGENCY COMMENTS
The following agency comments were received for the application:
1. Department of Conservation and Development (DCD), Building
Inspection Division: Building Inspection staff returned an Agency Comment
Request dated August 17, 2018, indicating that staff did not have any
comments on the application.
2. DCD, Housing Division: Housing Division staff submitted an email indicating
that the applicant has satisfactorily completed an Inclusionary Housing Plan
(payment of in-lieu fee).
3. County Geologic Peer Review: In a letter dated August 7, 2018, the County
Geologist indicated that the geotechnical reports provided for the project
were adequate for processing of this application.
4. County Geologist, Hazardous Materials Peer Review: The County
Geologist provided a letter dated August 6, 2018, suggesting that the County
solicit additional reviews of the applicant’s Limited Phase II Subsurface
Investigation, prepared by AEI Consultants, dated October 14, 2016. San
Francisco Bay Regional Water Quality Control Board, Groundwater Protection
Division Staff, provided an additional peer review of the applicant’s Phase II
Investigation and concluded that the report’s conclusions and findings are
consistent with that Department’s requirements.
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5. Contra Costa Health Services, Environmental Health Division:
Environmental Health staff submitted a letter dated September 13, 2018,
indicating that the project must adhere to all applicable laws and regulations
administered by that Division.
6. Public Works Department, Engineering Services Division: In a memo
dated April 15, 2019, Engineering Services Division staff provided
recommended conditions of approval (COA’s) for the project. Those
conditions have been incorporated into the project as COA’s 33 through 61.
7. Contra Costa County Flood Control & Water Conservation District (Flood
Control): In a memo dated January 30, 2019, Flood Control staff provided
recommended conditions of approval (verification of hydrologic capacity and
payment of drainage fees) for the project. Those COA’s have been
incorporated into the Public Works recommended COA’s 48 through 61.
8. Contra Costa County Fire Protection District (Fire District): Fire District
staff submitted a letter dated January 23, 2019, indicating that the project
must adhere to all applicable ordinance and adopted standards.
9. City of Concord (sanitary sewer services): In a letter dated October 12,
2018, City of Concord staff indicated that sanitary sewer service is available
from that municipality subject to approval of an out of age ncy service
agreement.
10. Contra Costa Water District (CCWD): In a memo dated August 30, 2018,
CCWD staff indicated that water service is available to the project and that all
other associated regulations shall be met as part of connecting to the water
system.
11. Contra Costa Local Agency Formation Commission (LAFCO): LAFCO staff
submitted comments via an email dated August 14, 2018, indicating that the
preferred method of providing sanitary service to the project is via annexation
of the subject property to the City of Concord. As an alternative, wastewater
service can be provided through an out of agency service (OAS) agreement
conditioned on future annexation of the property to the City of Concord.
12. Contra Costa Mosquito & Vector Control District (CCMVCD): The
CCMVCD submitted a letter dated August 3, 2018, indicating that the project
must adhere to all health and safety regulations administered by that
Department.
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VII. ENVIRONMENTAL REVIEW
In accordance with the state Guidelines for Implementation of the California
Environmental Quality Act (CEQA), an initial study was prepared to determine
potential environmental impacts of the proposed project. Upon completion of the
initial study, it was determined that mitigation measures could be incorporated into
the project description that would reduce project impacts to a less than significant
level.
The Initial Study and Notice of Public Review and Notice of Intent to Adopt a
Mitigated Negative Declaration was posted with the County Recorder and circulated
for public review on June 26, 2019. The final day for providing comments on the
adequacy of the initial study was July 26, 2019. One letter in opposition to the project
was received from an adjacent neighbor (9902 Malu Lane, Concord) and an
informational letter was received from the Contra Costa Mosquito & Vector Control
District (letters attached). Below is a summary of the issues raised and staff’s
response.
1. Density: Property owners of 9902 Malu Lane, Concord, contend the project
should be limited to four lots instead of the proposed eight in order to
preserve current aesthetics of the area and vegetation (walnut trees).
Staff Response: The property has a General Plan designation of Single-Family
Residential-Low Density (SL) which allows between 1.0 and 2.9 residences per
net acre. As the site consists of 3.1 net acres, the project is consistent with the
SL designation as only 8 lots are proposed (9 lots allowed). Additionally, the
subject property is the sole remaining R-40 zoned property in the vicinity. The
vast majority of the area is zoned R-15 (15,000 square-foot lot minimum),
which is the proposed zoning for this project. Furthermore, much of the
contiguous property to the north, south and east is within the City of Concord
jurisdictional boundaries with RR-20 zoning. The RR-20 zoning requires a
20,000 square-foot minimum lot area which is similar with the proposed R-15
zoning district. Therefore, approval of this 8-lot subdivision application will
result in a project that is compatible to the residential density of the overall
surrounding neighborhood.
Aesthetically, the project proponent has indicated that the homes planned for
this development will be of a single-story design. This single-story home
approach will maintain the development patterns of the area. The applicant
has also agreed to Mitigation Measures AES-2 and AES-3 which will limit the
height of each new home to 28 feet and require muted earth tone colors for
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all buildings and roofs. It is expected that once new trees and other
landscaping mature, the project will blend in with neighboring properties.
With adherence to these mitigation measures and installation of landscaping
normally associated with residential properties, the project will maintain the
visual characteristics of the immediate neighborhood and surrounding area
in general.
2. Public Health and Safety: Contra Costa Mosquito & Vector Control District
(District) staff submitted a letter indicating that potential impacts to human
health by disease vectors needs to be properly addressed as part of the CEQA
review. The letter goes on to indicate that oversights of potential impacts “has
created problems for mosquito abatement and vector control agencies
throughout California”.
Staff Response: Staff acknowledges the District’s concern that certain projects
have potential to increase exposure of the public to disease vectors or
increase mosquito/vector breeding habitat. Nevertheless, this project does
not include any elements that allow for standing water or creates vector
habitat. All drainage associated with this project will be directed to existing
infrastructure with capacity to accommodate the additional rainwater runoff.
In an abundance of caution, staff has included conditions of approval 48
through 61 which require adherence to all applicable Federal, State and local
drainage requirements. Specifically, condition of approval number 60 states:
“Any proposed water quality features that are designed to retain water for
longer than 72 hours shall be subject to the review of the Contra Costa
Mosquito & Vector Control District.” Therefore, no modifications to the
project or addition of conditions of approval are required in relation to the
District’s comments.
VIII. STAFF ANALYSIS
The 8-lot subdivision is compatible with the surrounding neighborhood in terms of
design and density. The project will provide additional inventory of detached single-
family residential homes. The project layout, access, and building design will provide
for an attractive development with no significant or adverse effects to the
surrounding community or environment. Additionally, the project includes
construction of a private access road that includes a sidewalk and guest parking. The
roadway improvements will offer a safe pedestrian connection to Laurel Drive which
is adjacent roadway to the site. Analysis of individual aspects of the project is
discussed in further detail below:
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A. General Plan Consistency: The site has a general plan designation of Single-
Family Residential-Low Density (SL), which has a density range of 1.0 to 2.9
units per net acre. According to section 3.7 of the 2005-2020 County General
Plan, “Net acreage includes all land area used exclusively for residential
purposes, and excludes streets, highways, and all other public rights-of-way”.
The table below demonstrates the project’s compliance with the SL General
Plan designation.
Category Totals
Total Area (Gross) = 3.6 Acres
Private Streets & Drainage = 0.5 Acre
Total Area (Net) 3.6 – 0.5 = 3.1 Acres
# of Units Allowed, 3.1 Net Acres X 2.9
Units Per Net Acre =
1 to 9 Units Allowed
Total Allowable Units = 9 Total Units (8 unit proposed)
Additionally, General Plan Policy 3-29 states “New housing projects shall be
located on stable and secure lands or shall be designed to mitigate adverse
or potentially adverse conditions. Residential densities of conventional
construction shall generally decrease as the natural slope increases”. Given
that the site is generally flat, no portions of the site present challenges to
development. Additionally, geotechnical analysis of the site has determined
that, as proposed, the subject property can safely accommodate the 8 new
lots and associated improvements (e.g., roadway and drainage).
Notwithstanding the physical characteristics of the site, the surrounding area
is also developed with single-family residential-low density housing;
therefore, the proposed density will be consistent with the existing
development pattern for the area.
Staff is also supporting the subdivision request based on the developer’s
willingness to construct a sidewalk and guest parking within the new private
roadway. Currently, the Laurel Drive frontage does not have defined
pedestrian walkways or shoulders to accommodate safe pedestrian travel.
With the addition of the subdivision, an increase in pedestrian traffic is
expected in this area. Additionally, there are multiple schools within the
immediate area. As such, the proposed access improvements represent a
positive contribution to the community which will allow parents and children
to safely access the nearby amenities. The applicant will be required to install
the subject pedestrian improvements (per the Public Works Department’s
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review and approval) prior to the filing of the Final Map for this project.
Therefore, based on all the points raised above, the proposed subdivision is
in accord with the SL General Plan land use designation, as well as, compatible
with the surrounding residential developments.
B. Re-Zoning - Consistency With Proposed R-15 Zoning District (R-15): The
proposed Vesting Tentative Map identifies 8 new residential lots. Each lot
meets or exceeds the minimum lot area, depth and average width
requirements as required by the proposed R-15 Zoning District. Below is a
chart demonstrating each lot’s compliance with the R-15 standards.
Lot Number Area (15,000 Sq. Ft.
Min.)
Depth (100 Ft.
Min.)
Average Width (100 Ft.
Min.)
Lot #1 19,557 175.5 100
Lot #2 19,469 175.5 100
Lot #3 18,245 152.6 100
Lot #4 20,078 161.9 116.9
Lot #5 19,954 161.9 116.1
Lot #6 18,310 157.5 100
Lot #7 19,469 180 100
Lot #8 19,625 180 100
As mentioned above, the developer will offer two housing plans to
perspective buyers. Each plan will be of a single-story design with elevation
options to add variety to the subdivision. The tentative map identifies building
pad locations for all 8 lots. The building pads were established by delineating
the applicable yard setbacks. This suggests that future home development
will occur in accord with the R-15 zoning standards and not require approval
of any variances.
C. Vehicular Circulation and Pedestrian Sidewalk: Vehicular circulation is
provided by a private road within a 33.5-foot wide right-of-way easement. A
turnaround at the terminus of the access road will allow for emergency
vehicle, residence, visitor turnaround capability. One 5-foot-wide sidewalk will
be constructed along the northern side of the new street. The sidewalk will
provide safe pedestrian access from each new residence to the entrance of
the subdivision. The project is expected to generate 7 to 9 peak hour vehicular
trips per day. At this rate, the project is not expected to negatively impact
traffic patterns or intersection levels of service in the area.
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D. Drainage – Exemption Request: One bio-retention basin will be located
between lots 4 and 5 to accommodate storm water runoff from the
development. The applicant has provided analysis and calculations relative to
the adequacy of the proposed on-site storm drainage infrastructure, including
an evaluation as to the adequacy of the existing storm drain in the Karas Court
right-of-way. Based on that analysis, the existing downstream facilities have
adequate capacity to convey storm water runoff from this subdivision (Per
Public Works comments, dated April 15, 2019). All common space areas (e.g.,
private roadway and drainage) will be maintenance agreement created for
home owners. This approach to maintenance of common spaces is similar to
other developments of equivalent size within the County.
The project also includes an exemption request from County Ordinance Code,
Division 914, Chapter 914-2.2004 to provide relief from the off-site collect and
covey requirements for the drainage associated with the western corner of
the site. A minor ridgeline within the western portion of the site diverts about
25 percent of the site drainage to Laurel Drive. As the property is mapped as
being within drainage area 33B (DA33B), the intent is to have this western
runoff continue along the north side of Laurel Drive and eventually into a
storm drain system west of Ayers Road. However, when the lot to the west
(9902 Malu Lane) was developed, an inlet was installed along its frontage that
actually diverts the subject site’s western drainage and a portion of Laurel
Drive to another formed drainage area 33C. The proposed layout of the
subject site corrects this situation and returns (diverts) the site drainage back
into the DA33B system (e.g., Karas Court).
In light of the above, in accordance with the requirements outlined in County
Ordinance Code Chapter 92-6, the applicant submitted the exemption
request. This request is supported due to the following:
1. Topographic constraints relative to the site as discussed above,
2. The infill nature of this project,
3. There is residual capacity within the Karas Court drainage system to
accept the diverted runoff.
Given the applicant’s hydrological calculations, historical drainage patterns,
topography of the site and storm water control plan, granting of the
exemption request would not be adverse to the neighboring properties or
community in general.
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E. Appropriateness of Use: The project involves the subdivision of a parcel into
eight residential lots and related drainage/access improvements. Each lot will
conform to the proposed R-15 zoning district. There is one existing residential
building on-site that will be demolished. Use of the site for residential
buildings is a permitted use, consistent with the surrounding area that
consists of a variety of uses such as single-family residences, schools and
other residential related uses. Nevertheless, height and design restrictions
have been added to the development (COA #’s 19 and 20):
Residential buildings on lots 1 through 8 shall be limi ted to 28 feet in
height (Mitigation Measure AES-2),
Building and roof colors shall be muted earth tone colors to blend in
with the environment. A variety of colors shall be used to the extent
feasible to break-up any monolithic facades. (Mitigation Measure
AES-3)
Based on these facts, the project is appropriate for the site and area in which
it situated.
IX. SUMMARY OF STAFF ANALYSIS
County staff has analyzed the proposed 8-Lot Laurel Place IV subdivision in terms of
neighborhood compatibility, appropriateness of use and conformance with the
County General Plan and zoning code. The project will conform to all applicable
development standards for the proposed R-15 Zoning District, and will add a quality
housing option in an area that is primarily developed with similar uses.
Environmental analysis has identified potential impacts in areas of Aesthetics,
Biology, Cultural Resources, Air Quality, and Geology. Consequently, mitigation
measures have been incorporated into this project which reduce any potential
impact to less-than-significant levels. One concerned neighbor has provided written
opposition to this project as discussed above. However, no compelling evidence has
been provided that warrants a change in design or addition of mitigation measures.
X. CONCLUSION
Staff recommends that the County Planning Commission adopt the mitigated
negative declaration prepared for the project, approve the Vesting Tentative Map
contingent upon the Board of Supervisors approval of the re-zoning based on the
attached findings and recommended conditions of approval.
FINDINGS AND CONDITIONS OF APPROVAL – COUNTY FILE #’S RZ18-3244 AND SD18-
9495; LENOX HOMES, LLC (APPLICANT) AND HARREL TRUST (OWNER)
I. FINDINGS
A. Growth Management Findings
1. Traffic: Streets that provide access to and around the project site include Concord
Boulevard, Ayers Road, and Laurel Drive. Regional access to the project site is
provided by Kirker Pass Road, Interstate 680 and Highway 4.
Traffic engineers and planners use the concepts of Level of Service (LOS) and Vehicle
Miles Traveled (VMT) to qualitatively describe traffic conditions. Additionally, the
Contra Costa Transportation Authority (CCTA) Growth Management Plan, the West
Contra Costa Transportation Advisory Committee (WCCTAC) Action Plan and the
County of Contra Costa (County) General Plan establish measures of effectiveness and
requirements for the analysis and disclosure of circulation impacts associated with
new land developments. Potential circulation impacts may be expected, and traffic
impact analyses are required for projects that generate more than 100 or more net
new peak-hour trips. A project generating less than 100 peak-hour trips generally will
not create or exacerbate any current traffic patterns. Using standard Institute of
Transportation Engineers (ITE) Trip Generation trip rates, the 8-unit project will
generate 7 gross a.m. peak-hour trips and 9 gross p.m. peak-hour trips. Based on the
fact, that there is limited other new residential development potential in the
immediate area, the cumulative effect to local roadways will be negligible.
As part of project implementation, a sidewalk and guest parking will be constructed
within the new private road right-of-way. Once completed, the roadway
improvements will improve pedestrian safety for current and future residents of the
area. Additionally, these improvements will provide a safer means for neighborhood
children to access local schools. This is viewed as a positive contribution for the
existing residents of the area and potential future homeowners within the subdivision.
2. Water: The proposed project is located at a suburban in -fill site that is currently
serviced by public utility service systems. Proposed uses on-site would include 8 new
residences and irrigation of landscaped areas. Contra Costa Water District provides
water related services to the project site and have indicated that sufficient capacity
exists for the project.
Findings and Conditions of Approval
County File #’s SD18-9495 and RZ18-3244
Page 2 of 24
3. Sanitary Sewer: No municipal sewer service is presently serving the subject property,
however, the site is contiguous to the City of Concord boundaries which affords the
project an opportunity to annex into the City of Concord boundaries or enter into an
Out of Area Service agreement in order to receive wastewater services. Either of these
options will require approval from the Contra Costa Local Agency Formation
Commission (LAFCO). City of Concord staff has issued a Will Serve Letter indicating
that wastewater services are available to the development.
4. Fire Protection: The project is located 1.8 miles from Contra Costa Fire Department
Station #8. In a memorandum dated, January 23, 2019, Fire District staff provided
basic requirements for the development. Compliance with all applicable fire codes
and regulations suggests that the project will not increase fire related risks beyond
any acceptable levels.
5. Public Protection: As the project will add to the County’s population, condition of
approval (COA) #16, requires that prior to the recording of the final map, the owner
of the property shall participate in establishing a special tax for the parcels created
by this subdivision. The collected tax money will be used to augment existing police
services to accommodate for the incremental increase in population as a result of the
8 lot subdivision.
6. Parks and Recreation: As the project will add to the County’s population , COA #14
requires the project proponent to pay applicable Park Dedication in-lieu fees per unit.
That fee in conjunction with all other Park Dedication fees collected for development
within the County will be used in part to purchase new park land and upgrade existing
community parks as determined appropriate by the Board of Supervisors.
7. Flood Control and Drainage: The applicant must comply with the County’s National
Pollutant Discharge Elimination System Permit and Stormwater Management and
Discharge Control Ordinance Title 10, for stormwater treatment. To comply, submittal
of a final stormwater control plan, operation and maintenance plan, and actual
construction of the necessary stormwater treatment facilities is required. Additionally,
payment of drainage area DA 33B fees is required prior to filing of the Final Map. The
collected fee will in part fund infrastructure within that drainage area. Furthermore,
the applicant has provided a Stormwater System Analysis, dated October 3, 2018,
indicating that sufficient capacity exists in the Karas Court drainage system to
accommodate the project’s additional rainwater flow. The Public Works Department
staff has reviewed the analysis and accepted the report’s findings. Therefore,
compliance with all applicable codes and regulations suggests that the p roject will
not represent any unacceptable risks with respect to drainage.
Findings and Conditions of Approval
County File #’s SD18-9495 and RZ18-3244
Page 3 of 24
B. Re-zoning Findings
Section 26-2.1806 of the County Ordinance Code requires specific findings to be made
by the planning agency when a request for change in land use district is made; they are
as follows:
1. Required Finding: The change proposed will substantially comply with the General
Plan.
Project Finding: The site’s current zoning designation is R-40 Single-Family
Residential District. Changing the zoning of the site to R-15 Single-Family Residential
District will remain consistent with the Single-Family Residential-Low Density (SL)
General Plan designation for this location. The SL designation allows a range of 1.0 to
2.9 single family units per net acre. With a total net area of 3.1 acres for this site (3.6
acres gross minus 0.5 acres for roadway improvements, etc.), the project is allowed
to have 9 residential units. As the project includes 8 new residential lots, the project
is within the allowable density range of the SL designation. No other uses are
proposed with the application other than an access road, drainage and frontage
improvements. For these reasons, approval of the re-zoning is appropriate and would
substantially comply with the General Plan.
2. Required Finding: The uses authorized or proposed in the land use district are
compatible within the district and with uses authorized in adjacent districts.
Project Finding: The subject site is bordered by residential developments of similar
densities. Uses allowed by the R-15 Zoning District include, single-family residences,
accessory buildings, care facilities and other uses indicative of a residential
neighborhood. Re-zoning the site from R-40 to R-15 will not result in any uses
capable of producing toxic waste, noise or vibrations. As the project includes a
complete clearing of the site, no current uses or structures will become non -
conforming or inconsistent with the approved R-15 designation. Thus, the uses
allowed in the R-15 Zoning District are found to be compatible with uses previously
authorized for the site and currently established in adjacent districts.
3. Required Finding: Community need has been demonstrated for the use proposed,
but this does not require demonstration of future financial success.
Project Finding: Approval of the rezoning request from R-40 Single-Family
Residential District to R-15 Single-Family Residential District is necessary in order to
construct the 8-lot subdivision project. The existing single-family residence has been
Findings and Conditions of Approval
County File #’s SD18-9495 and RZ18-3244
Page 4 of 24
established on the 3.6-acre property for many decades. Historical use of the property
included agricultural activities from 1939 to 1974, which no longer exist at the site or
in the general area. Within the past few decades, much of the surrounding land has
been re-zoned to similar zoning districts that allow higher residential densities (e.g.,
R-6, R-10, R-15 and R-20). Therefore, approval of this rezoning will in part allow
construction of 8 new single-family residences that will provide additional housing
options for the residents of the County and improve upon a property that is being
underutilized. Therefore, for the reasons given above, the re -zoning of the site from
R-40 to R-15 is appropriate for the area in which it is situated.
C. Tentative Map Findings
1. Required Finding: The County Planning Commission shall not approve a tentative
map unless it finds that the proposed subdivision, together with the provisions for its
design and improvement, is consistent with the applicable general plan required by
law.
Project Finding: The project has been found to be consistent with the General Plan
designation of Single-Family Residential-Low Density (SL). Pursuant to the SL
designation, the allowable density range is 1.0 to 2.9 residential units per net acre. As
the site consists of 3.1 net acres (3.6 total acres, minus 0.5 acre of roadway/drainage
improvements), the 8-lot subdivision is within the allowable density range for this site.
The SL designation also allows for lots up to 43,560 square feet in area. The lots for
this project range from 18,000 to 20,000 square feet in area , which is well within the
allowable lot area maximum for the SL designation.
As part of the project’s evaluation, the extent to which the project is consistent with
General Plan policies pertaining to compatibility of land uses, compliance with
principles of the Urban Limit Line and Measure C-1990, protection of open spaces,
standards regarding geology, soils and earthquake risks, hazardous materials, flood
hazards and drainage, protection of water quality, protection of biological resources,
noise, protection of air quality, protection of visual resources, and protection of
archeological and historical resources and found no evidence of inconsistencies.
Additionally, the projected related traffic is not anticipated to negatively affect local
traffic patterns or significantly diminish the Level of Service of key intersections in the
area. The tentative map for the subdivision is consistent with the applicable goals and
policies as found in the County 2005-2020 General Plan.
Lastly, when appropriate, the General Plan encourages development projects to
contribute improvements of pedestrian facilities to ensure safe and efficient
Findings and Conditions of Approval
County File #’s SD18-9495 and RZ18-3244
Page 5 of 24
connections from the development to major destination areas. As such, the applicant
for this project has committed to install a sidewalk and guest parking within the new
private access road to improve pedestrian safety and overall functionality (guest
parking) of the subdivision. These improvements along with new housing options
provided by this project are viewed as positive contributions to the area in general.
Therefore, based on the entire record and as summarized herein, the tentative map
is consistent with the County General Plan.
2. Required Finding: The County Planning Agency shall not approve a tentative map
unless it shall find that the proposed subdivision fulfills construction requirements.
Project Finding: Compliance with the conditions of approval and Mitigation
Monitoring and Reporting Program, suggests that the project will not pose any
significant traffic impacts once the subdivision is completed. The design of the private
road has been preliminarily reviewed and found to be compliant with County public
road standards. Prior to issuance of building permits, the applicant is required to
contribute fees for parks and recreation, school districts, child care and police
services. Payment of these fees along with compliance with the applicable California
Building Code, suggests that the project will fulfill all obligations related to
construction of the project.
D. Tree Permit Findings
Required Finding: The County Planning Commission is satisfied that the following
factors as provided by County Code Section 816-6.8010 for granting a tree permit have
been satisfied:
1. Reasonable development of the property will require the removal of 30 trees in order
to create the new lots, grading, private roadway, and installation of drainage facilities.
No trees scheduled to be removed are exceptional in their visual character or
prominence on the site that would warrant special consideration to preserve.
2. Development of this project fully occupies the site making tree retention
unreasonable. As home sites are developed, landscaping plans will be implemented
and new vegetation will be established.
3. The County Planning Commission is satisfied that the issuance of a permit will not
negatively affect the sustainability of the resource.
Findings and Conditions of Approval
County File #’s SD18-9495 and RZ18-3244
Page 6 of 24
E. Findings for Granting an Exception to the Subdivision Ordinance (Title 9)
Requirements
Exception to allow a diversion of stormwater entering and/or originating on the subject
property, whereas County Code Section 914-2.004 requires all storm water entering
and/or originating on a property to be collected and conveyed without diversion.
1. Required Finding: That there are unusual circumstances or conditions affecting the
property.
Project Finding: The subject property has a minor ridgeline within the western
portion of the site that diverts about 25 percent of the site drainage to Laurel Drive.
As the property is mapped as being within drainage area 33B (DA33B), the intent is
to have this western runoff continue along the north side of Laurel Drive and
eventually into a storm drain system west of Ayers Road. However, when the lot to
the west (9902 Malu Lane) was developed, an inlet was installed along its frontage
that diverts the subject site’s western drainage and a portion of Laurel Drive to
another formed drainage area 33C. The proposed layout corrects this situation and
returns the site drainage back into the DA33B system (e.g., via Karas Court drainage
inlets). Therefore, allowing the property owner an exception to the collect and convey
without diversion requirements is appropriate as the project will utilize drainage
infrastructure that has been determined to have adequate capacity to accommodate
the project’s anticipated rainwater runoff.
2. Required Finding: That the exception is necessary for the preservation and
enjoyment of a substantial property right of the applicant.
Project Finding: The Single-Family Residential-Low Density (SL) General Plan land
use designation for the site, allows between 1.0 and 2.9 residential units per net acre.
As the site contains 3.1 net acres (3.6 total acres, minus 0.5 acre of improvements),
the 8-lot subdivision is within the allowable range of units for the site (3 to 9 units).
Given the development potential of the site, denial of the collect and convey
exception would deprive the property owner a right to subdivide and improve upon
the site. As the project does not include any uses other than residential, granting of
the exception request will allow the property owner an opportunity to execute a
project that is consistent with the development pattern of the surrounding properties
and area in general.
Findings and Conditions of Approval
County File #’s SD18-9495 and RZ18-3244
Page 7 of 24
3. Required Finding: That the granting of the exception will not be materially
detrimental to the public welfare or injurious to other property in the territory in
which the property is situated.
Project Finding: In support of the exception request, the applicant has provided
analysis and calculations relative to the adequacy of the proposed on -site storm
drainage infrastructure, including an evaluation as to the adequacy of the existing
storm drain in the Karas Court right-of-way. Based on that analysis, there is capacity
within the Karas Court drainage infrastructure to accept the diverted runoff from the
project. Based on these facts, granting the exception request will not be detrimental
to neighboring properties or the area in general.
II. CONDITIONS OF APPROVAL
Entitlement Approvals
1. Subdivision Map: A Vesting Tentative Map for a 8-lot Subdivision is APPROVED based
on the following documents, and is subject to the conditions of approval listed
hereafter. The maximum number of lots approved for Subdivision #SD18-9495 is eight
(8) lots.
Application and materials submitted to the Contra Costa County Department
of Conservation and Development, Community Development Division (CDD),
on August 1, 2018.
Revised Vesting Tentative Map for Subdivision 9495 – received February 27,
2019;
CEQA Initial Study, Mitigated Negative Declaration, and Mitigation Monitoring
and Reporting Program prepared by CDD, and posted by the Contra Costa
County Clerk on June 16, 2019.
Design Level Geotechnical Investigation, prepared by Berlogar Stevens &
Associates, dated August 1, 2018;
Limited Phase II Subsurface Investigation, prepared by AEI Consultants, dated
October 14, 2016;
Preliminary Storm Water Control Plan, prepared by APEX, dated December 28,
2018;
Findings and Conditions of Approval
County File #’s SD18-9495 and RZ18-3244
Page 8 of 24
Laurel Place Stormwater System Analysis, prepared by WENCK, dated October
3, 2018;
Preliminary Title Report, prepared by Old Republic Title Company, dated June
28, 2018.
2. Tree Permit: A Tree permit for the removal of thirty (30) code-protected trees for
earthwork and construction activities within the property boundaries is APPROVED
based on the following documents.
Application and Materials submitted to CDD, on August 1, 2018;
Revised Vesting Tentative Map received by CDD on February 27, 2019.
3. Exception to Title 9: The following exception to Title 9 (Collect and Covey) of the County
Code is APPROVED, as generally described in the materials dated, January 7, 2019.
Diversion of the site’s western storm water runoff from Drainage Area 33C to
Drainage Area 33B.
4. Approval of this project is contingent upon approval of the re-zoning request, County
File #RZ18-3244, by the Board of Supervisors.
Timing of Tree Removal or Alteration
5. Prior to any tree removal or alteration, the applicant shall record the Final Map and
obtain the necessary grading and/or building permits for the proposed project.
Indemnification
6. Pursuant to Government Code Section 66474.9, the applicant (including the subdivider
or any agent thereof) shall defend, indemnify, and hold harmless the County, its agents,
officers, and employees from any claim, action, or proceeding against the Agency (the
County) or its agents, officers, or employees, to attack, set aside, void, or annul, the
Agency's approval concerning this subdivision map application, which action is brought
within the time period provided for in Section 66499.37. The County will promptly
notify the subdivider of any such claim, action, or proceeding and cooperate full in the
defense.
Findings and Conditions of Approval
County File #’s SD18-9495 and RZ18-3244
Page 9 of 24
Application Fees
7. This application is subject to an initial application deposit of $9,794.00 (total of
subdivision and rezoning application fees), which was paid with the application
submittal, plus time and materials costs if the application review expenses exceed 100%
if the initial deposit. Any additional costs due must be paid within 60 days of the permit
effective date or prior to use of the permit, whichever occurs first. The applicant may
obtain current costs by contacting the project planner. If you owe additional fees, a bill
will be sent to you shortly after permit issuance.
Compliance Report Prior to Filing the Final Map
8. At least 45 days prior to filing of the Final Map or issuance of a grading or building
permit, whichever occurs first, the applicant shall provide a permit compliance report
to CDD for review and approval. The report shall identify all conditions of approval that
are administered by CDD. The report shall document the measures taken by the
applicant to satisfy all relevant conditions. Copies of the permit conditions may be
obtained from CDD. CDD may reject the report if it is not comprehensive with respect
to applicable requirements. The permit compliance review is subject to staff time and
materials charges, with an initial deposit of $1,000 which shall be paid at the time of
submittal of the compliance report.
Maintenance of Facilities
9. Applicant shall record a deed disclosure on each of the proposed lots (Lot 1 through
Lot 8) to inform prospective buyers of the “Maintenance of Facilities” obligation stated
under Conditions No. 10, No. 11, and No. 12 below, and to inform prospective buyers
of the “Stormwater Management” obligations stated under Conditions No. 55 and No.
58.
10. Applicant shall ensure that all private street lights, common landscaping, private roads,
shared retaining walls, on-site shared drainage and stormwater management facilities
are maintained in perpetuity. The County will not accept these properties or facilities
for ownership or maintenance. At least 45 days prior to filing the Final Map, Applicant
shall submit to DCD staff a maintenance plan of operation (“MPO”) for these and any
other common areas and/or infrastructure for review and approval by DCD staff and
the Public Works Department.
Findings and Conditions of Approval
County File #’s SD18-9495 and RZ18-3244
Page 10 of 24
11. Prior to filing the Final Map, Applicant shall develop and record a maintenance
covenant to ensure that lands and infrastructure identified in the above MPO will be
maintained in accordance with said MPO, and that each lot in this subdivision will either
share or otherwise be responsible in the maintenance and related cost as defined in
detail in the text of the MPO. At least 45 days prior to filing the Final Map, Applicant
shall submit to DCD staff the maintenance covenant for review and approval by DCD
staff and the Public Works Department.
12. Prior to filing the Final Map, Applicant shall record a deed disclosure informing future
owners of Lots 4 and 5 that the Bio-retention basin located on said lots will require
periodic maintenance and access by maintenance personnel. The deed disclosure shall
also inform the future property owners of Lots 4 and 5 that no alteration of the
vegetation or placement of structures or any other improvements is allowed in the bio-
retention basin area. At least 45 days prior to filing the Final Map, Applicant shall submit
the deed disclosure to DCD staff for review and approval by DCD staff and the Public
Works Department.
Inclusionary Housing/In-Lieu Fee
13. This project is subject to the Inclusionary Housing Ordinance (IHO). Pursuant to Section
822-4.402 of the County Ordinance Code, a residential development of eight for-sale
units shall require at least fifteen percent of the for-sale units to be developed and sold
as inclusionary units (units that are required to be sold at an affordable sales price to
lower and moderate income households). The applicant is required to construct 1.20
inclusionary housing units for the project. Required inclusionary units: 8 for -sale units
x 15% = 1.20 inclusionary units.
As an alternative to the requirement to construct inclusionary housing, the applicant
has proposed the payment of a For-Sale Housing In-Lieu Fee. This alternative to collect
an in-lieu fee, as established in DCD’s fee schedule, has been accepted.
Prior to the recordation of the Final Map or the filing of a building permit for the
development, whichever occurs first, the applicant shall pay to the County the full
amount of the Inclusionary Housing Ordinance For-Sale Housing In-Lieu fee of
$52,800.48. This project was deemed complete on March 18, 2019. The in-lieu fee is
calculated as: $6,600.06/unit x 8 market rate units = $52,800.48 total in-lieu fee. This
in-lieu fee is non-refundable.
Findings and Conditions of Approval
County File #’s SD18-9495 and RZ18-3244
Page 11 of 24
14. Should the applicant choose not to pay the in-lieu fee in full prior to the recordation of
the Final Map or filing of a building permit, whichever occurs first, then the applicant
must construct the required number of inclusionary units on-site, off-site, or a
combination of both on-site and off-site.
Park Dedication and Park Impact Fees
15. At least 45 days prior to filing of the Final Map, the applicant shall pay the appropriate
Park Dedication and Park Impact Fees for the project (8 lots total) as required per
Chapter 920-6 of the County Code.
Child Care Fee
16. At least 45 days prior to filing of the Final Map, the applicant shall pay a fee of $3,200.00
($400.00 per lot) toward child care facility needs in the area as established by the Board
of Supervisors.
Police Services District
17. Election for Establishment of a Police Services District to Augment Police Services:
Prior to the recording of the Final Map, the owner of the property shall participate in
the provision of funding to maintain and augment police services by voting to approve
a special tax for the parcels created by this subdivision approval. The tax shall be per
lot annual amount (with appropriate future CPI adjustment) then established at the
time of voting by the Board of Supervisors. The election to provide for the tax shall be
completed prior to filing the Final Map. The property owner shall be responsible for
paying the cost of holding the election, payable at the time the election is requested
by the owner. Allow a minimum of three to four months for processing.
Water Efficient Landscape Ordinance
18. The applicant shall comply with California Model Water Efficient Landscape Ordinance
(Division 2, Title 23, California Code of Regulations, Chapter 2.7, Sections 490 through
495) and/or any applicable State mandated landscape/water related requirements
applicable at the time of landscaping installation for the project. To the maximum
extent feasible, the project proponent shall use drought tolerant vegetation for the
development.
Findings and Conditions of Approval
County File #’s SD18-9495 and RZ18-3244
Page 12 of 24
Aesthetics/Lighting
19. At least 30 days prior to applying for building permits for each new residence, the
applicant/property owner shall submit a Compliance Verification application (only one
application needed if developer constructs entire subdivision), for review and approval
of Department of Conservation and Development, Current Planning Division (CDD)
staff. The application must include construction drawings (e.g., site plan, floor plans,
elevations and grading plans) to verify compliance with all mitigations and conditions
of approval. (Mitigation Measure (MM) AES-1)
20. At least 30 days prior to recordation the final map, the applicant shall submit for the
review and approval of CDD staff, a proposed deed restriction with the following height
limitation. The approved deed restriction shall be recorded concurrently with the final
map.
a. Residential buildings on lots 1 through 8 shall be limited to 28 feet in height.
(MM AES-2)
21. At least 30 days prior to applying for residential building permits, the applicant shall
provide for the review and approval of CDD staff color schemes that refle ct the
following:
a. Building and roof colors shall be muted earth tone colors to blend in with the
environment. A variety of colors shall be used to the extent feasible to break -up
any monolithic facades. (MM AES-3)
22. To the extent feasible, new residential lighting shall be low-lying and exterior lights on
buildings shall be deflected so that lights shine onto the building site and not toward
adjacent properties or offsite locations. The use of overly bright lighting shall be
avoided. (MM AES-4)
Air
23. Consistent with the Best Management Practices required by the BAAQMD, the
following actions shall be incorporated into construction contracts if required and
specifications for the project:
a. All haul trucks transporting soil, sand, or other loose material to and from the
site shall be covered.
b. All vehicle speeds on unpaved roads shall be limited to 15 mph.
c. Building pads shall be laid as soon as possible after grading unless seeding or
soil binders are used.
Findings and Conditions of Approval
County File #’s SD18-9495 and RZ18-3244
Page 13 of 24
d. Idling times shall be minimized either by shutting equipment off when not in
use or reducing the maximum idling time to 5 minutes (as required by the
California airborne toxics control measure Title 13, Section 2485 of California
Code of Regulations [CCR]).
e. All construction equipment shall be maintained and properly tuned in
accordance with manufacturer’s specifications.
f. A publicly visible sign shall be posted with the telephone number and contact
information for the designated on-site construction manager available to
receive and respond to dust complaints. This person shall report all complaints
to Contra Costa County and take immediate corrective action as soon as
practical but not more than 48 hours after the complaint is received. The
BAAQMD’s phone number shall also be visible to ensure compliance with
applicable regulations. (MM AIR – 1)
24. Non-emergency maintenance, construction, and other activities on the site related to
this project are restricted to the hours of 7:30 A.M. to 5:00 P.M., Monday through Friday,
and shall be prohibited on State and Federal holidays on the calendar dates that these
holidays are observed by the State or Federal government as listed below:
New Year’s Day (State and Federal)
Birthday of Martin Luther King, Jr. (State and Federal)
Washington’s Birthday (Federal)
Lincoln’s Birthday (State)
President’s Day (State and Federal)
Cesar Chavez Day (State)
Memorial Day (State and Federal)
Independence Day (State and Federal)
Labor Day (State and Federal)
Columbus Day (State and Federal)
Veterans Day (State and Federal)
Thanksgiving Day (State and Federal)
Day after Thanksgiving (State)
Christmas Day (State and Federal)
For specific details on the actual day the state and federal holidays occur, please
visit the following websites:
Federal Holidays:
http://www.opm.gov/Operating_Status_Schedules/fedhol/2019.asp
California Holidays:
http://www.ftb.ca.gov/aboutFTB/holidays.shtml (MM AIR-2)
Findings and Conditions of Approval
County File #’s SD18-9495 and RZ18-3244
Page 14 of 24
Special Status Bats
22. In order to avoid impacts to special-status bats, a biologist shall survey all trees affected
by the development (not just ones slated for removal) at least 15 days prior to
commencing with any tree removal or earthwork that might disturb roosting bats in
nearby trees. All bat surveys shall be conducted by a biologist with known experience
surveying for bats. If no special-status bats are found during the surveys, then there
would be no further regard for special-status bat species.
If special-status bat species are found on the project site, a determination will be made
if there are young bats present. If young are found roosting in any tree, impacts to the
tree shall be avoided until the young have reached independence. A non -disturbance
buffer fenced with orange construction fencing shall also be established around the
roost or maternity site. The size of the buffer zone shall be determined by a qualified
bat biologist at the time of the surveys. If adults are found roosting in a tree on the
project site but no maternal sites are found, then the adult bats can be flushed or a
one-way eviction door can be placed over the tree cavity prior to the time the tree in
question would be removed or disturbed. No other mitigation compensation wou ld be
required. (MM BIO – 1)
23. A nesting bird survey shall be conducted 15 days prior to commencing
construction/grading or tree removal activities, if this work would commence between
March 1 and September 15. If common passerine birds (that is, perching birds such as
Anna’s hummingbird and mourning dove) are identified nesting on the project site,
grading or tree removal activities in the vicinity of the nest shall be postponed until it
is determined by a qualified ornithologist that the young have fledged and have
attained sufficient flight skills to leave the area. The size of the nest protective buffer
required to ensure that the project does not result in take of nesting birds, their eggs
or young shall be determined by a qualified ornithologist. Typic ally, most passerine
birds can be expected to complete nesting by June 15th, with young attaining sufficient
flight skills by early July. (MM BIO – 2)
Cultural Resources
24. The following Mitigation Measures shall be implemented during project
demolition/construction activities.
1. A program of on-site education to instruct all demolition/construction
personnel in the identification of prehistoric and historic deposits shall be
conducted prior to the start of any grading or construction activities.
Findings and Conditions of Approval
County File #’s SD18-9495 and RZ18-3244
Page 15 of 24
2. If archaeological materials are uncovered during grading, trenching, or other
onsite excavation, all work within 30 yards of these materials shall be stopped
until a professional archaeologist who is certified by the Society for California
Archaeology (SCA), and/or Society of Professional Archaeology (SOPA), and the
Wilton Rancheria Tribe, have had an opportunity to evaluate the significance of
the find and suggest appropriate mitigation(s) if deemed necessary.
(MM CUL – 1)
25. Should human remains be uncovered during grading, trenching, or other on-site
excavation(s), earthwork within 30 yards of these materials shall be stopped until the
County coroner has had an opportunity to evaluate the significance of the human
remains and determine the proper treatment and disposition of the remains. Pursuant
to California Health and Safety Code Section 7050.5, if the coroner determines the
remains may be those of a Native American, the coroner is responsible for contacting
the Native American Heritage Commission (NAHC) by telephone within 24 hours.
Pursuant to California Public Resources Code Section 5097.98, the NAHC will then
determine a Most Likely Descendant (MLD) tribe and contact them. The MLD tribe has
48 hours from the time they are given access to the site to make recomm endations to
the land owner for treatment and disposition of the ancestor’s remains. The land owner
shall follow the requirements of Public Resources Code Section 5097.98 for the remains.
(MM CUL-2)
Geology
26. The applicant shall comply with all specific standards and criteria for use in design and
construction of the project (site grading, drainage and foundation design, etc.) as
identified in the February 15, 2017, BSA Design Level Geotechnical Investigation.
(MM GEO - 1)
27. Prior to issuance of construction permits or installation of improvements, the project
proponent shall submit an geotechnical update report that references proposed
grading, drainage and foundation plans and provides specific criteria and standards for
site grading, drainage and foundation design based on adequate subsurface data. The
scope of the update geotechnical investigation should address the following potential
hazards: (i) expansive soils, (ii) corrosive soils, (iii) design of bio -retention facilities and
their effect on planned improvements, and (iv) provide California Building Code seismic
parameters that are based on the adopted CBC at the time that residential building
permits are requested. It is anticipated that the geotechnical engineer’s scope of work
will demonstrate (v) that the expansivity and corrosivity of soils have been taken into
account in grading and foundation design; (vi) that R-value testing has been utilized
Findings and Conditions of Approval
County File #’s SD18-9495 and RZ18-3244
Page 16 of 24
for design of pavements, and (vii) include measures to protect pad areas from excessive
moisture/ponding/surface runoff. (MM GEO – 2)
28. Concurrently with recordation of the Parcel Map, record a statement to run with deeds
to the property acknowledging the BSA report by title, author (firm), and date, calling
attention to conclusions, including the requirements for a design-level geotechnical
investigation and noting that the report is available to prospective buyers from seller
of the parcel. (MM GEO – 3)
29. The update geotechnical report shall be subject to review by the County’s peer review
geologist, and review/approval of the DCD staff. Improvement, grading and building
plans shall carry out the recommendations of the approved report. (MM GEO-4)
30. The geotechnical report required by GEO-2 routinely includes recommended
geotechnical observation and testing services during construction. These services are
essential to the success of the project. They allow the geotechnical engineer to (i)
ensure geotechnical recommendations for the project are properly interpreted and
implemented by contractors, (ii) allow the geotechnical engineer to view exposed
conditions during construction to ensure that field conditions match those that were
the basis of the design recommendations in the approved report, and (iii) provide the
opportunity for field modifications of geotechnical recommendations (with BID
approval), based on exposed conditions. The monitoring shall commence during
clearing, and extend through grading, placement of engineered fill, installation of
recommended drainage facilities, and foundation related work. A hard hold shall be
placed on the “final” grading inspection, pending submittal of a report from the project
geotechnical engineer that documents their observation and testing services during
grading and drainage related improvements.
Similarly, a hard hold shall be placed on the final building inspection for each residence,
pending submittal of a letter-report from the geotechnical engineer documenting the
monitoring services associated with implementation of foundation-related
geotechnical recommendations. The geotechnical monitoring shall include pier hole
drilling/foundation preparation work/installation of drainage improvements (e.g.,
collection of roof gutter in a closed conduit and conveying it to a suitable discharge
point; and possibly installation of a sub-drain system around the perimeter of the
foundation to control moisture beneath the foundation). (MM GEO-5)
Findings and Conditions of Approval
County File #’s SD18-9495 and RZ18-3244
Page 17 of 24
31. All grading, excavation and filling shall be conducted during the dry season (April 15
through October 15) only, and all areas of exposed soils shall be revegetated to
minimize erosion and subsequent sedimentation. After October 15, only erosion
control work shall be allowed by the grading permit. Any modification to the above
schedule shall be subject to review by the County Grading Inspector, and the
review/approval of the CDD staff. (MM GEO-6)
Debris Recovery
32. At least 15 days prior to the issuance of a grading permit or building permit, the
developer shall enroll in the county’s Debris Recovery Program and CalGreen
regulation, which requires debris generated by construction projects to be recycled, or
otherwise diverted from landfill disposal. Once the debris generated with the project
activities are collected, Applicant shall transport the debris to an approved facility and
in accordance with CalGreen regulations.
PUBLIC WORKS
CONDITIONS OF APPROVAL FOR SUBDIVISION SD18-9495 and RZ18-3244
Applicant shall comply with the requirements of Title 8, Title 9 and Title 10 of the
Ordinance Code. Any exception(s) must be stipulated in these Conditions of Approval.
Conditions of Approval are based on the site plan/(vesting) tentative map submitted to
the Department of Conservation and Development on February 27, 2019.
COMPLY WITH THE FOLLOWING CONDITIONS OF APPROVAL PRIOR TO FILING OF THE
FINAL MAP.
General Requirements
33. In accordance with Section 92-2.006 of the Ordinance Code, this subdivision shall
conform to all applicable provisions of the Subdivision Ordinance (Title 9). Any
exceptions therefrom must be specifically listed in this conditional approval statement.
The drainage, road and utility improvements outlined below shall require the review
and approval of the Public Works Department, and are based on the Vesting Tentative
Map received by the Department of Conservation and Development, Community
Development Division, on February 27, 2019.
Findings and Conditions of Approval
County File #’s SD18-9495 and RZ18-3244
Page 18 of 24
Roadway Improvements (Laurel Drive)
34. Applicant shall construct curb, 5-foot sidewalk (width measured from curb face),
necessary longitudinal and transverse drainage, street lighting, and pavement widening
and transitions along the frontage of Laurel Drive. Applicant shall construct face of curb
10 feet from the widened right-of-way line.
35. Any cracked and displaced curb, gutter, and sidewalk shall be removed and replaced
along the project frontage of Laurel Drive. Concrete shall be saw cut prior to removal.
Existing lines and grade shall be maintained. New curb and gutter shall be doweled
into existing improvements.
Access to Adjoining Property
Proof of Access
36. Applicant shall furnish proof to Public Works Department of the acquisition of all
necessary rights-of-way, rights-of-entry, permits and/or easements for the
construction of off-site, temporary or permanent, public and private road and drainage
improvements.
Encroachment Permit
37. Applicant shall obtain an encroachment permit from the Application and Permit Center,
if necessary, for construction of driveways or other improvements within the right-of-
way of Laurel Drive.
Abutter’s Rights
38. Applicant shall relinquish abutter’s rights of acce ss along Laurel Drive with the
exception of the proposed private road intersection.
Road Alignment/Intersection Design/Sight Distance
Sight Distance
39. The applicant shall grade, trim vegetation, widen pavement as necessary and realign
the proposed access to provide stopping sight distance for a design speed of 40 miles
per hour. Any new landscaping, signs, fencing, retaining walls, or other obstructions
proposed at the proposed access shall be setback to ensure that the sight lines are
clear.
Findings and Conditions of Approval
County File #’s SD18-9495 and RZ18-3244
Page 19 of 24
Private Roads
40. Applicant shall construct a paved turnaround at the end of the proposed private road
as shown on the vesting tentative map. Said turnaround is also subject to the review of
the Fire District.
41. Applicant shall construct an on-site roadway system to current County private road
standards with a minimum traveled width of 28 feet and a 33.5-foot access easement
as proposed on the vesting tentative map. A five-foot sidewalk (width measured from
curb face) shall be constructed along one side of the road. Although the proposed on-
site roadway is shown as private, the pavement structural section shall conform to
County public road standards.
Road Dedications
42. Property Owner shall convey to the County, by Offer of Dedication, the right -of-way
necessary for the planned future width of 60 feet along the frontage of Laurel Drive.
Street Lights
43. Applicant shall annex to the Community Facilities District (CFD) 2010 -1 formed for
Countywide Street Light Financing. Annexation into a street light service area does not
include the transfer of ownership and maintenance of street lighting on private roads.
Bicycle – Pedestrian Facilities
Pedestrian Access
44. Curb ramps and driveways shall be designed and constructed in accordance with
current County Standards. A detectable warning surface (e.g. truncated domes) shall
be installed on all curb ramps. Adequate right-of-way shall be dedicated at the curb
returns to accommodate the returns and curb ramps; accommodate a minimum 4-foot
landing on top of any curb ramp proposed.
45. Applicant shall design all public and private pedestrian facilities in accordance with Title
24 (Handicap Access) and Americans with Disabilities Act. This shall include all
sidewalks, paths, driveway depressions, and curb ramps.
Findings and Conditions of Approval
County File #’s SD18-9495 and RZ18-3244
Page 20 of 24
Parking
46. Parking shall be prohibited on one side of on-site roadways where the curb-to-curb
width is less than 36 feet and on both sides of on-site roadways where the curb-to-
curb width is less than 28 feet. “No Parking” signs shall be installed along these portions
of the roads subject to the review and approval of the Public Works Department.
Utilities/Undergrounding
47. Applicant shall underground all new and existing utility distribution facilities, including
those along the frontage of Laurel Drive. The developer shall provide joint trench
composite plans for the underground electrical, gas, telephone, cable television and
communication conduits and cables including the size, location and details of all
trenches, locations of building utility service stubs and meters, an d placements or
arrangements of junction structures as a part of the Improvement Plan submittals for
the project. The composite drawings and/or utility improvement plans shall be signed
by a licensed civil engineer.
Drainage Improvements
Collect and Convey
48. The applicant shall collect and convey all stormwater entering and/or originating on
this property, without diversion and within an adequate storm drainage system, to an
adequate natural watercourse having definable bed and banks, or to an existing
adequate public storm drainage system which conveys the storm waters to an adequate
natural watercourse, in accordance with Division 914 of the County Ordinance Code.
Exception
The applicant shall be permitted an exception to allow a diversion of stormwater
entering and/or originating on the subject property to be conveyed through Tract 7934,
to the current 36-inch storm pipe in Karas Court, provided that the applicant verifies an
access right of entry for construction on the neighboring property.
Miscellaneous Drainage Requirements
49. The applicant shall design and construct all storm drainage facilities in compliance with
the Ordinance Code and Public Works Department design standards.
Findings and Conditions of Approval
County File #’s SD18-9495 and RZ18-3244
Page 21 of 24
50. Applicant shall prevent storm drainage from draining across the sidewalk(s) and
driveway(s) in a concentrated manner.
51. The property owner shall dedicate a public drainage easement over any man-made
drainage system which conveys stormwater run-off from public streets.
52. A private storm drain easement, conforming to th e width specified in Section 914-
14.004 of the County Ordinance Code, shall be dedicated over all proposed storm drain
lines traversing the site that convey runoff across neighboring lots. This includes rear
yard drains conveying overflow from designated self-retaining areas.
Drainage Area Reimbursements
53. Certain improvements required by the Conditions of Approval for this development or
the County Subdivision Ordinance Code may be eligible for credit or reimbursement
against the drainage area fee. The developer should contact that Public Works
Department to personally determine the extent of any credit or reimbursement for
which he might be eligible. Any credit or reimbursements shall be determined prior to
filing the final map or as approved by the Flood Control District.
National Pollutant Discharge Elimination System (NPDES)
54. The applicant shall be required to comply with all rules, regulations and procedures of
the National Pollutant Discharge Elimination System (NPDES) for municipal,
construction and industrial activities as promulgated by the California State Water
Resources Control Board, or any of its Regional Water Quality Control Boards (San
Francisco Bay - Region II).
Compliance shall include developing long-term best management practices (BMPs) for
the reduction or elimination of stormwater pollutants. The project design shall
incorporate wherever feasible, the following long-term BMPs in accordance with the
Contra Costa Clean Water Program for the site's stormwater drainage:
- Offer pavers for household driveways and/or walkways as an option to buyers.
- Minimize the amount of directly connected impervious surface area.
- Install approved full trash capture devices on all catch basins (excluding catch
basins within bioretention basins) as reviewed and approved by Public Works
Department. Trash capture devices shall meet the requirements of the County’s
NPDES permits.
- Place advisory warnings on all catch basins and storm drains using current storm
Findings and Conditions of Approval
County File #’s SD18-9495 and RZ18-3244
Page 22 of 24
drain markers.
- Construct concrete driveway weakened plane joints at angles to assist in
directing run-off to landscaped/pervious areas prior to entering the street curb
and gutter.
- Distribute public information items regarding the Clean Water Program and lot
specific IMPs to buyers.
- Other alternatives comparable to the above as approved by the Public Works
Department.
Stormwater Management and Discharge Control Ordinance
55. The applicant shall submit a FINAL Storm Water Control Plan (SWCP) and a Stormwater
Control Operation and Maintenance Plan (O+M Plan) to the Public Works Department,
which shall be reviewed for compliance with the County’s National Pollutant Discharge
Elimination System (NPDES) Permit and shall be deemed consistent with the County’s
Stormwater Management and Discharge Control Ordinance (§1014) prior to filing of
the final map. To the extent required by the NPDES Permit, the Final Stormwater Control
Plan and the O+M Plan will be required to comply with NPDES Permit requirements
that have recently become effective that may not be reflected in the preliminary SWCP
and O+M Plan. All time and materials costs for review and preparation of the SWCP
and the O+M Plan shall be borne by the applicant.
56. Improvement Plans shall be reviewed to verify consistency with the final SWCP and
compliance with Provision C.3 of the County’s NPDES Permit and the County’s
Stormwater Management and Discharge Control Ordinance (§1014).
57. Stormwater management facilities shall be subject to inspection by the Public Works
Department staff; all time and materials costs for inspection of stormwater
management facilities shall be borne by the applicant.
58. Prior to filing of the Final Map, the property owner(s) shall enter into a standard
Stormwater Management Facility Operation and Maintenance Agreement with Contra
Costa County, in which the property owner(s) shall accept responsibility for and related
to operation and maintenance of the stormwater facilities, and grant access to relevant
public agencies for inspection of stormwater management facilities.
Findings and Conditions of Approval
County File #’s SD18-9495 and RZ18-3244
Page 23 of 24
59. Prior to filing of the final map, the property owner(s) shall annex the subject property
into Community Facilities District (CFD) No. 2007-1 (Stormwater Management
Facilities), which funds responsibilities of Contra Costa County under its NPDES Permit
to oversee the ongoing operation and maintenance of stormwater facilities by property
owners.
60. Any proposed water quality features that are designed to ret ain water for longer than
72 hours shall be subject to the review of the Contra Costa Mosquito & Vector Control
District.
Drainage Area Fee Ordinance
61. The applicant shall comply with the requirements of the Contra Costa County Flood
and Water Conservation District (FC District) Drainage Area 33B Fee Ordinance, as
adopted by the Board of Supervisors. The fee shall be paid prior to the filling of the
final map.
ADVISORY NOTES
The applicant shall comply with the requirements of the Bridge/Thoroughfare Fee
Ordinance for the Central County Area of Benefit as adopted by the Board of
Supervisors.
This project may be subject to the requirements of the Department of Fish and
Wildlife. It is the applicant's responsibility to notify the Department of Fish and
Wildlife, P.O. Box 47, Yountville, California 94599, of any proposed construction
within this development that may affect any fish and wildlife resources, per the Fish
and Wildlife Code.
This project may be subject to the requirements of the Army Corps of Engineers. It
is the applicant's responsibility to notify the appropriate district of the Corps of
Engineers to determine if a permit is required, and if it can be obtained.
The applicant shall comply with the requirements of the following agencies:
- Department of Conservation and Development, Building Inspection Division
and Grading Division
- Contra Costa County Fire Protection District
- Contra Costa Water District
- City of Concord
Findings and Conditions of Approval
County File #’s SD18-9495 and RZ18-3244
Page 24 of 24
- Bay Area Air Quality Management District
- Regional Water Quality Control Board, District III
- Local Agency Formation Commission
- Contra Costa Mosquito & Vector Control District
The project is subject to the development fees in effect under County Ordinance
as of March 18, 2019, the date the vesting tentative map application was accepted
as complete by the Department of Conservation and Development. These fees are
in addition to any other development fees, which may be specified in the
conditions of approval.
G:\Current Planning\curr-plan\Staff Reports\Major Subdivisions (SD)\SD18-9495 Laurel Place IV\SD18-9495 COAs
9_11_19 Rev.docx
1
CEQA ENVIRONMENTAL CHECKLIST FORM
1. Project Title:
Laurel Place IV Subdivision
County File’s #SD18-9495 and RZ18-3244
2. Lead Agency Name and
Address:
Contra Costa County
Department of Conservation and Development,
Community Development Division
30 Muir Road
Martinez, CA 94553
3. Contact Person and
Phone Number:
Francisco Avila, Senior Planner, (925) 674-7801
4. Project Location: 5175 Laurel Drive
Concord, CA 94521
Assessor’s Parcel Number: 117-040-086
5. Project Sponsor's Name
and Address:
Lenox Homes, LLC (Applicant)
3675 Mount. Diablo Boulevard., Suite 350
Lafayette, CA 94549
Harrel Trust (Owner)
5175 Laurel Drive
Concord, CA 94521
6. General Plan Designation: The subject property is located within a Single-Family
Residential-Low Density (SL) General Plan Land Use
designation.
7. Zoning: The subject property is located within a R-40 Single-Family
Residential District (R-40).
8. Description of Project: The applicant is requesting approval of a 8-lot Vesting Tentative Map.
The proposed tentative map identifies 8 lots ranging in size from 15,000 to 18,000 square feet in
area. The lots will be accessed via a new 28-foot-wide private road. The project also proposes to
rezone the subject lot from R-40 Single-Family Residential District to R-15 Single-Family
Residential District. An Out of Area Service Agreement and/or an annexation into the City of
Concord boundaries will be necessary in order extend wastewater services to the subject site.
4,422 total cubic yards of soil will be graded and balanced on-site in order to create the building
pads, roadway and related subdivision improvements. The removal of 30 trees will be necessary
to construct the project. The project also includes an exemption request from County Ordinance
Code, Division 914, Chapter 914-2.004 to be relieved of the off-site collect and convey
requirements.
9. Surrounding Land Uses and Setting: The project site is within an approximately 190-acre
pocket of unincorporated land located at the northeastern edge of the City of Concord. The general
area lies between Bailey Road to the north and Kirker Pass Road to the south. The Concord Naval
Weapons Station land is located approximately 1,100 feet northeast of the site. Parcels in the
vicinity range in size from 10,000 square feet to over an acre and tend to be developed with
residential uses. The Assessor’s Parcel Number for the property is 117-040-086. The site consists
of 3.6 acres and is currently developed with one single-family residence and several accessory
buildings/structures. 30 trees are scattered throughout the property. The site is generally
rectangular in shape, 402 feet long, approximately 389 feet wide and has a 5-foot drop in grade
elevation from the Laurel Drive frontage to the rear of the property.
10. Other public agencies whose approval is required (e.g., permits, financing,
approval, or participation agreement:
Building Inspection Division,
Grading Division,
Environmental Health Department,
Consolidated Fire Protection District,
Contra Costa Water District,
City of Concord (for annexation and/or Out of Area Service Agreement for wastewater
management),
Public Works Department, and
Contra Costa Local Agency Formation Commission.
11. Have California Native American tribes traditionally and culturally affiliated with
the project area requested consultation pursuant to Public Resources Code
section 21080.3.1? If so, is there a plan for consultation that includes, for example,
the determination of significance of impacts to tribal cultural resources,
procedures regarding confidentiality, etc.?
In accordance with Section 21080.3.1 of the California Public Resources Code, a Notice of
Opportunity to Request Consultation was sent on January 22, 2019, to the Wilton Rancheria, the
one California Native American tribe that has requested notification of proposed projects within
Contra Costa County. On February 28, 2019, staff received an email from the Wilton Rancheria
requesting consultation for this project. Since that time, Wilton Rancheria has reviewed the
Cultural Resources report and is in agreement with the mitigation measures prepared for the
project.
Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving at least one impact
that is a “Potentially Significant Impact” as indicated by the checklist on the following pages.
Aesthetics Agriculture and Forestry
Resources Air Quality
Biological Resources Cultural Resources Energy
Geology/Soils Greenhouse Gas Emissions Hazards & Hazardous
Materials
Hydrology/Water Quality Land Use/Planning Mineral Resources
Noise Population/Housing Public Services
Recreation Transportation Tribal Cultural Resources
Utilities/Services Systems Wildfire Mandatory Findings of
Significance
Environmental Determination
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
I find that, although the proposed project could have a significant effect on the environment, there will
not be a significant effect in this case because revisions in the project have been made by or agreed to
by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a "potentially significant impact" or "potentially significant
unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in
an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation
measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL
IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because
all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE
DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to
that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are
imposed upon the proposed project, nothing further is required.
Francisco Avila Date
Senior Planner
Contra Costa County
Department of Conservation & Development
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
1. AESTHETICS – Except as provided in Public Resources Code Section 21099, would the project:
a) Have a substantial adverse effect on a scenic
vista?
b) Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic building within a state
scenic highway?
c) In non-urbanized areas, substantially degrade the
existing visual character or quality of public
views of the site and its surroundings? (Public
views are those that are experienced from
publicly accessible vantage points.) If the project
is in an urbanized area, would the project conflict
with applicable zoning and other regulations
governing scenic quality?
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime
views in the area?
SUMMARY:
a-b) The project proposes to subdivide the 3.6-acre residential property into 8 lots. One home has been
constructed on this site since the early 1960s. Numerous outbuildings are scattered throughout the
property. With approval of the project, it is expected that the site will be cleared and 8 new single-
family homes will be built. It is anticipated that two differing floor plans will be offered for this
subdivision, however, each of the models will be of a single -story design. As the project site is
located within an area primarily developed with similar single-family homes, the proposed home
designs will compatible with the surrounding properties in terms of height, bulk and design.
Figure 5-4 (Scenic Routes Map) of the 2005-2020 Contra Costa County General Plan (General
Plan) indicates that Kirker Pass Road is a designated scenic route. However, the project location
is located approximately 3,000 feet to the north of Kirker Pass Road and at a 70-foot lower
elevation, which eliminates the visual impact of the project as seen by travelers along that stretch
of roadway. Additionally, the area between the project site and Kirker Pass Road is completely
developed which will allow the proposed project to blend in with the immediate visual context.
Therefore, the project would not represent a significant c hange in the quality of the Kirker Pass
Road scenic route corridor.
Figure 9-1 (Scenic Ridges & Waterways) of the General Plan indicates that the subject site is
located approximately 8,500 feet southwest of a designated scenic ridgeline. The ridgeline r uns
parallel to Kirker Pass Road and is at an elevation of 1,130 to 1,280 feet. The subject site is at an
approximate elevation of 290 feet. Therefore, due to the substantial distance and elevation
difference between the subject site and ridgeline, construction of 8 new residences will not be
discernable from the ridgeline given the urban setting in which it is located.
All 30 trees located on the property will be removed in order to install the necessary subdivision
improvements. Nevertheless, due to the relatively flat terrain, the potential new homes will be
primarily visible to only contiguous properties and passerby along the Laurel Drive right-of-way.
This change in visual setting will be minimized by the installation of typical privacy fencing and
landscaping normally accustomed to single-family residential developments. Furthermore, the
housing product proposed by the developer will consist of a single-story ranchette type of home
that is not overly tall compared to the surrounding area. This type of visual change is consistent
with Single-Family Residential Zoning Districts and Single-Family Residential General Plan land
use designations. Nevertheless, incorporation of the following mitigation measures will ensure
that the project once complete, will blend-in with neighboring properties and reduce any potential
aesthetics impacts to less than significant levels.
AES-1: At least 30 days prior to applying for building permits for each new residence ,
the applicant/property owner shall submit a Compliance Verification application (only
one application needed if developer constructs entire subdivision), for review and
approval of Department of Conservation and Development, Current Planning Division
(CDD) staff. The application must include construction drawings (e.g., site plan, floor
plans, elevations and grading plans) to verify compliance with all mitigations and
conditions of approval.
AES-2: At least 30 days prior to recordation of the final map, the applicant shall submit
for the review and approval of CDD staff, a proposed deed restriction with the following
height limitation. The approved deed restriction shall be recorded concurrently with the
final map.
a. Residential buildings on lots 1 through 8 shall be limited to 28 feet in
height.
AES-3: At least 30 days prior to applying for residential building permits, the applicant
shall provide for the review and approval of CDD staff color schemes that reflect the
following:
a. Building and roof colors shall be muted earth tone colors to blend in with
the environment. A variety of colors shall be used to the extent feasible
to break-up any monolithic facades.
c) In non-urbanized areas, would the project substantially degrade the existing visual character or
quality of public views of the site and its surroundings? (Public views are those that are
experienced from publicly accessible vantage points.) If the project is in an urbanized area, would
the project conflict with applicable zoning and other regulations governing scenic quality?
Construction of eight new homes and removal of 30 trees throughout the property will be the
major visual change as seen by the general public. However, residential developments in this area
have continually occurred for decades and have established the character of th e neighborhood.
Construction of eight new residences that conform to the standards outlined in AES-2, on
conforming sized lots will generally be consistent with development patterns of the general area.
The tree removal is necessary in order to install the required improvements (sidewalk and street,
etc.) which will increase pedestrian safety for current and future residents. Although the removal
of 30 trees will represent a visual change, none of the trees scheduled to be removed are of a
height or location that establishes the character of the immediate environment. Therefore, the
project will not substantially degrade the visual character or quality of the site or surrounding area.
The project will have a less than significant impact on the visual characteristics of the site.
d) Would the project create a new source of substantial light or glare which would adversely affect
day or nighttime views in the area?
Each new residence will have exterior lighting sources, however, lighting is not expected to be in
excess of standard lighting for private residences. The lighting will provide the necessary light for
safety and security at night. The subject property is located next to other single-family residences
and, therefore, the proposed project is not expected to noticeably increase light or glare that could
adversely affect day or nighttime visual characteristics in the area. Nevertheless, County
Development Standards provide guidance on the type of lighting that would be appropriate for
standard residential developments. All outdoor lighting shall be directed downward and screened
away from adjacent properties and streets. Implementation of these development standards along
with the following mitigation measure will reduce this impact to a level of less than significant.
AES–4: To the extent feasible, new residential lighting shall be low-lying and exterior
lights on buildings shall be deflected so that lights shine onto the building site and not
toward adjacent properties or offsite locations. The use of overly bright lighting shall
be avoided.
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
2. AGRICULTURAL AND FOREST RESOURCES – Would the project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland),
as shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of
the California Resources Agency, to non-
agricultural use?
b) Conflict with existing zoning for agricultural use,
or a Williamson Act contract?
c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code section 12220(g), timberland (as
defined by Public Resources Code section 4526),
or timberland zoned Timberland Production (as
defined by Government Code section 51104(g)?
d) Result in the loss of forest land or conversion of
forest land to non-forest use?
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
e) Involve other changes in the existing
environment, which due to their location or
nature, could result in conversion of farmland, to
non-agricultural use?
SUMMARY:
a) Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide
Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources Agency, to non-agricultural use?
The land use of the subject property is entirely residential; no agricultural land uses are being
conducted on the site, nor is the property zoned for any agricultural land uses. Figure 8-2
(Important Agricultural Lands) of General Plan indicates that the site is not located within an area
designated as “Important Agricultural Lands”. The 2010 Contra Costa County Important
Farmlands Map, published by the California Department of Conservation, indicates that the
subject property is classified as “Urban and Built-up Land”; thus, there will be no Prime, Unique,
or Farmland of Statewide Importance converted to non-agricultural uses as a result of the proposed
subdivision, thus no impact.
b-e) The site is not included in a Williamson Act contract, and the project does not propose any
conversion of farmland or forestland to non-agricultural uses, nor will it result in the loss of any
forest or timberland, since there is no timberland or timber production on the site. As mentioned
above, the site is not zoned for agricultural land uses; the property is designated residential by the
General Plan. Therefore, the project will have no impact to agriculture.
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
3. AIR QUALITY – Would the project:
a) Conflict with or obstruct implementation of the
applicable air quality plan?
b) Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project region is non-attainment under an
applicable federal or state ambient air quality
standard?
c) Expose sensitive receptors to substantial
pollutant concentrations?
d) Result in other emissions (such as those leading
to odors) adversely affecting a substantial
number of people?
SUMMARY:
a-b) The air quality plan applicable to the project area is the Bay Area Air Quality Management
District’s (BAAQMD) Bay Area 2017 Clean Air Plan (Clean Air Plan), which was adopted on
April 19, 2017.1 The Clean Air Plan is a comprehensive plan to improve Bay Area air quality and
protect public health. The Clean Air Plan defines control strategies to reduce emissions and
ambient concentrations of air pollutants; safeguard public health by reducing exposure to air
pollutants that pose the greatest heath risk, with an emphasis on protecting the communities most
heavily affected by air pollution; and reduce greenhouse gas emissions to protect the climate.
Consistency with the Clean Air Plan can be determined if the project: 1) supports the goals of the
Clean Air Plan; 2) includes applicable control measures from the Clean Air Plan; and 3) would
not disrupt or hinder implementation of any control measures from the Clean Air Plan. Due to the
relatively small scope and residential nature of the project, the proposal would not conflict with
or obstruct implementation of the Clean Air Plan. However, the BAAQMD requires the
implementation of Construction Best Management Practices to ensure construction impacts are
reduced to a less-than-significant level. Implementation of the following mitigation measure
would require implementation of the BAAQMD’s Best Management Practices and would reduce
diesel PM exhaust emissions as well as construction dust (PM10 and PM2.5) impacts to a less than
significant level.
AIR-1: Consistent with the Best Management Practices required by the BAAQMD, the
following actions shall be incorporated into construction contracts if required and
specifications for the project:
a. All haul trucks transporting soil, sand, or other loose material to and from the
site shall be covered.
b. All vehicle speeds on unpaved roads shall be limited to 15 mph.
c. Building pads shall be laid as soon as possible after grading unless seeding or
soil binders are used.
d. Idling times shall be minimized either by shutting equipment off when not in
use or reducing the maximum idling time to 5 minutes (as required by the
California airborne toxics control measure Title 13, Section 2485 of California
Code of Regulations [CCR]).
e. All construction equipment shall be maintained and properly tuned in
accordance with manufacturer’s specifications.
f. A publicly visible sign shall be posted with the telephone number and contact
information for the designated on-site construction manager available to
receive and respond to dust complaints. This person shall report all complaints
to Contra Costa County and take immediate corrective action as soon as
practical but not more than 48 hours after the complaint is received. The
BAAQMD’s phone number shall also be visible to ensure compliance with
applicable regulations.
1 Bay Area Air Quality Management District, 2017. Bay Area 2017 Clean Air Plan. April 19, 2017.
c) Would the project expose sensitive receptors to substantial pollutant concentrations?
The analysis in this Initial Study uses the methodologies provided in BAAQMD’s CEQA Air
Quality Guidelines updated in 2017 (BAAQMD Guidelines). Although the BAAQMD’s adoption
of the significance thresholds in the BAAQMD 2011 Guidelines have been rescinded due to a
legal decision that found proper CEQA review did not occur, the County has determined that
Appendix D of the BAAQMD Guidelines, in combination with BAAQMD’s Revised Draft
Options and Justification Report, provide substantial evidence to support the thresholds, and
therefore has determined they are appropriate for use in the analysis.
The BAAQMD is the responsible agency in the San Francisco Bay Area Basin (SF Basin) for
compliance with federal and state quality standards. The Concord area is included in the SF Basin.
Construction of a new single-family residence in an urbanized area generally is categorically
exempt under the California Environmental Quality Act (CEQA) by a Class 3 exemption, but
since the project involves the construction of 8 residences and associated improvements, the
proposed subdivision is subject to review under CEQA. Any emission of particulate matter, fine
particulate matter, and ozone precursors generated by this project would primarily be related to
the construction activities that would be associated with the construction of each new single-
family residence and related improvements, but these impacts would be temporary in duration,
and once completed, each residence is expected to have a negligible impact in terms of ambient
air quality. Nevertheless, the construction phase of the project will be restricted to specific days
of the week and to a limited number of work hours per day to lessen the amount of time during
the week that construction-related air quality impacts would affect the neighborhood. Therefore,
the project related impacts to air quality will be less than significant with implementation of the
following mitigation measure.
AIR-2: Non-emergency maintenance, construction, and other activities on the site
related to this project are restricted to the hours of 7:30 A.M. to 5:00 P.M., Monday
through Friday, and shall be prohibited on State and Federal holidays on the calendar
dates that these holidays are observed by the State or Federal government as listed
below:
New Year’s Day (State and Federal)
Birthday of Martin Luther King, Jr. (State and Federal)
Washington’s Birthday (Federal)
Lincoln’s Birthday (State)
President’s Day (State and Federal)
Cesar Chavez Day (State)
Memorial Day (State and Federal)
Independence Day (State and Federal)
Labor Day (State and Federal)
Columbus Day (State and Federal)
Veterans Day (State and Federal)
Thanksgiving Day (State and Federal)
Day after Thanksgiving (State)
Christmas Day (State and Federal)
For specific details on the actual day the state and federal holidays occur, please visit
the following websites:
Federal Holidays:
http://www.opm.gov/Operating_Status_Schedules/fedhol/2019.asp
California Holidays:
http://www.ftb.ca.gov/aboutFTB/holidays.shtml
d) Would the project result in other emissions (such as those leading to odors) adversely affecting a
substantial number of people?
Objectionable odors are typically associated with agricultural or heavy industrial land uses such
as refineries, chemical plants, paper mills, landfills, sewage-treatment plants, etc. There is nothing
in the project description that would indicate that the proposal would be a source of objectionable
odors beyond that which is ordinarily associated with the construction of single-family residential
project; therefore, the project’s impact to nearby sensitive receptors is considered less than
significant.
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
4. BIOLOGICAL RESOURCES – Would the project:
a) Have a substantial adverse effect, either directly
or through habitat modifications, on any species
identified as a candidate, sensitive, or special
status species in local or regional plans, policies,
or regulations, or by the California Department
of Fish and Game or U.S. Fish and Wildlife
Service?
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies, and
regulations or by the California Department of
Fish and Game or U.S. Fish and Wildlife
Service?
c) Have a substantial adverse effect on state or
federally protected wetlands (including, but not
limited to, marsh, vernal pool, coastal, etc.)
through direct removal, filling, hydrological
interruption, or other means?
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife
species or with established native resident or
migratory wildlife corridors, or impede the use of
wildlife nursery sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural Community
Conservation Plan, or other approved local,
regional, or state habitat conservation plan?
SUMMARY:
a) Would the project have a substantial adverse effect, either directly or through habitat
modifications, on any species identified as a candidate, sensitive, or special status species in local
or regional plans, policies, or regulations, or by the California Department of Fish and Game or
U.S. Fish and Wildlife Service?
According to the 2005-2020 County General Plan, “Significant Ecological Areas and Selected
Locations of Protected Wildlife and Plant Species Areas,” map, the project site is not part of any
biologically sensitive area. The site is surrounded by residential development, effectively limiting
the potential for long distance wildlife corridors to occur on-site. As this is an infill development,
development of this site would not impact wildlife movement or any riparian habitats, marshes,
wetlands, vernal pools, etc. The site is located well inland from the San Francisco and Suisun
bays, and therefore no coastal resources will be affected by the proposal. However due to the site’s
numerous suitable nesting trees, the project applicant will be required to conduct a pre-
construction survey if construction is to occur during the nesting season (March 1 – September
15). Impacts to wildlife species would be reduced to less than significant levels by implementing
the following mitigation measures.
BIO-1: In order to avoid impacts to special-status bats, a biologist shall survey all trees
affected by the development (not just ones slated for removal) at least 15 days prior to
commencing with any tree removal or earthwork that might disturb roosting bats in
nearby trees. All bat surveys shall be conducted by a biologist with known experience
surveying for bats. If no special-status bats are found during the surveys, then there
would be no further regard for special-status bat species.
If special-status bat species are found on the project site, a determination will be made
if there are young bats present. If young are found roosting in any tree, impacts to the
tree shall be avoided until the young have reached independence. A non-disturbance
buffer fenced with orange construction fencing shall also be established around the roost
or maternity site. The size of the buffer zone shall be determined by a qualified bat
biologist at the time of the surveys. If adults are found roosting in a tree on the project
site but no maternal sites are found, then the adult bats can be flushed or a one -way
eviction door can be placed over the tree cavity prior to the time the tree in question
would be removed or disturbed. No other mitigation compensation would be required.
BIO-2: A nesting bird survey shall be conducted 15 days prior to commencing
construction/grading or tree removal activities, if this work would commence between
March 1 and September 15. If common passerine birds (that is, perching birds such as
Anna’s hummingbird and mourning dove) are identified nesting on the project site,
grading or tree removal activities in the vicinity of the nest shall be postponed until it is
determined by a qualified ornithologist that the young have fledged and have attained
sufficient flight skills to leave the area. The size of the nest protective buffer required
to ensure that the project does not result in take of nesting birds, their eggs or young
shall be determined by a qualified ornithologist. Typically, most passerine birds can be
expected to complete nesting by June 15th, with young attaining sufficient flight skills
by early July.
b-d) There are no creeks, rivers, lakes, water bodies or riparian habitat of any kind on the site, or within
one-third mile of the project, so the project will not interfere with the movement of any native
resident or migratory fish or wildlife species; nor will the project interfere with any established
native resident or migratory wildlife corridors, or impede the use of any wildlife nursery sites,
thus the project will have no impact in this regard.
e) Would the project conflict with any local policies or ordinances protecting biological resources,
such as a tree preservation policy or ordinance?
As mentioned above, the site is not listed as being within one of the County’s “Significant
Ecological Areas and Selected Locations of Protected Wildlife and Plant Species Areas,”
therefore, there is a low potential for the project to significantly affect biological resources.
However, all 30 trees on-site will be removed in order to construct the necessary subdivision
improvements (sidewalk, driveways, homes, etc.). No trees on site are suitable for preservation
due to their local or exceptional stature. Therefore, due to the expected installation of landscaping
(a mix of grasses, shrubs and trees) with home construction, the project represents a less than
significant impact.
f) Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural
Community Conservation Plan, or other approved local, regional, or state habitat conservation
plan?
Since the subject property is not located within the boundaries of the East County Habitat
Conservation Plan (HCP/NCCP), the project is not within their purview. There are no HCPs or
NCCPs overlays on the subject property, so there will be no impact.
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
5. CULTURAL RESOURCES – Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource pursuant to
§15064.5?
b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to §15064.5?
c) Disturb any human remains, including those
interred outside of formal cemeteries?
SUMMARY:
a-c) The project will include construction of buildings, drainage features, utility trenches, and other
soil-disturbing activities. In order to accomplish the construction phase of the project, the site will
need to be cleared of all structures and vegetation. Figure 9 -2 (Archaeological Sensitivity Map)
of the Contra Costa County General Plan shows that the site is located in an area that is designated
“largely urbanized and excluded from the archeological sensitivity survey”. Nevertheless, the
applicant for the project has contracted Holman & Associates to prepare an Archaeological
Literature Search and Survey, dated May 7, 2019. The author conducted a records search at the
Northwest Information Center of the California Historical Resources Information System
(CHRIS), file number 18-160. All records of identified archaeological resources within a quarter
of a mile, and all archaeological resources reports for projects within 50m (165ft.) of the project
area were reviewed. Based on all available records and a field survey performed on April 24,
2019, the project area has a low to moderate potential for containing archaeological resources.
The applicant also contracted Preservation Architecture to prepare a Historic Resources
Evaluation, dated May 15, 2019. Preparation of the report utilized property documentation,
historical architectural research, and a field visit and reconnaissance. In sum, the report
determined:
The site has no historic potential, is not associated with any events or persons of
any identifiable historical importance;
Does not embody any identifiable design or construction distinction, nor is the
planning or design of the site or any of its buildings the product of any identifiable
planner, designer, architect, etc.;
Nor is there any identifiable artistry or artistic intent, and
The site has not yielded nor has any identifiable potential to yield prehistoric or
historic information.
Although these studies have been conducted, there remains potential of encountering human
remains or cultural resources on the site during construction activities such as trenching. With that
understanding, on January 22, 2019, a Notice of Opportunity to Request Consultation was
forwarded to Wilton Rancheria. Wilton Rancheria returned a request for consolation in the event
a find is discovered. Wilton Rancheria has reviewed the cultural resources documentation for this
project and is in agreement with the findings and mitigation measures. Therefore, with the
mitigation measures described below, the project will result in a less than significant impact level
with respect to cultural resources.
CUL–1: The following Mitigation Measures shall be implemented during project
demolition/construction activities.
1. A program of on-site education to instruct all demolition/construction
personnel in the identification of prehistoric and historic deposits shall be
conducted prior to the start of any grading or construction activities.
2. If archaeological materials are uncovered during grading, trenching, or other
onsite excavation, all work within 30 yards of these materials shall be stopped
until a professional archaeologist who is certified by the Society for California
Archaeology (SCA), and/or Society of Professional Archaeology (SOPA), and
the Wilton Rancheria Tribe, have had an opportunity to evaluate the
significance of the find and suggest appropriate mitigation(s) if deemed
necessary.
CUL–2: Should human remains be uncovered during grading, trenching, or other on-
site excavation(s), earthwork within 30 yards of these materials shall be stopped until
the County coroner has had an opportunity to evaluate the significance of the human
remains and determine the proper treatment and disposition of the remains. Pursuant to
California Health and Safety Code Section 7050.5, if the coroner determines the
remains may be those of a Native American, the coroner is responsible for contacting
the Native American Heritage Commission (NAHC) by telephone within 24 hours.
Pursuant to California Public Resources Code Section 5097.98, the NAHC will then
determine a Most Likely Descendant (MLD) tribe and contact them. The MLD tribe
has 48 hours from the time they are given access to the site to make recommendations
to the land owner for treatment and disposition of the ancestor’s remains. The land
owner shall follow the requirements of Public Resources Code Section 5097.98 for the
remains.
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
6. ENERGY – Would the project:
a) Result in potentially significant environmental
impact due to wasteful, inefficient, or
unnecessary consumption of energy resources,
during project construction or operation?
b) Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency?
SUMMARY:
a) Would the project result in potentially significant environmental impact due to wasteful,
inefficient, or unnecessary consumption of energy resources, during project construction or
operation??
The project includes construction of an 8 lot residential subdivision. As part of the construction
phase of the development, contractors will be required to comply with the CalGreen / Construction
& Demolition Debris Recovery Program. The program requires at least 65% by weight of job site
debris to be recycled, reused, or otherwise diverted from landfill disposal. Operationally, the
project is required to comply with Title 24 of the California Energy Code, which requires new
energy efficiency technologies and methods to be incorporated in residential projects to conserve
energy. Compliance with each of these programs suggests that the project will not result in
wasteful use of energy during the construction or operation phases of the development.
b) Would the project conflict with or obstruct a state or local plan for renewable energy or energy
efficiency?
The State of California has taken steps to increase the efficiency of vehicles, buildings, appliances
and to provide more renewable energy. Legislation is routinely passed and codified to address
climate change and clean energy production. Based on the location and residential nature of the
project, there is no part of the application proposal that suggests it will impede any State or Local
initiatives that aimed at increasing renewable energy or efficiency.
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
7. GEOLOGY AND SOILS – Would the project:
a) Directly or indirectly cause potential substantial
adverse effects, including the risk of loss, injury
or death involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault?
ii) Strong seismic ground shaking?
iii) Seismic-related ground failure, including
liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the loss of
topsoil?
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project and potentially result in on -
or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in Table
18-1-B of the Uniform Building Code (1994),
creating substantial direct or indirect risks to life
or property?
e) Have soils incapable of adequately supporting
the use of septic tanks or alternative wastewater
disposal systems where sewers are not available
for the disposal of wastewater?
f) Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?
SUMMARY:
a) Would the project directly or indirectly cause potential substantial adverse effects, including the
risk of loss, injury or death involving:
i-ii) The San Francisco Bay Region is considered one of the most seismically active regions of
the United States. Consequently, it can be assumed that the proposed improvements will be
subject to one or more major earthquakes during their useful life. Earthquake intensities
vary depending on numerous factors, including (i) earthquake magnitude, (ii) distance of
site from the causative fault, (iii) geology of the site, and other factors. The USGS has stated
that there is a 72 percent chance of at least one magnitude 6.7 or greater earthquake striking
the Bay Region between 2014 and 2043.
The Contra Costa County General Plan Safety Element includes a figure titled “Seismic
Ground Response” (page 10-13). This map classifies the site as Moderately Low damage
susceptibility. This designation is applied to sites that are underlain by Pliocene bedrock or
Pleistocene Alluvium. This assessment assumes sound structures sited on competent
foundation materials, and with critical slopes stable. The risk of structural damage from
earthquake ground shaking is controlled by building and grading regulations. The California
Building Code (CBC) mandates that for structures requiring building permits (including the
proposed residential buildings, retaining walls over 3 ft. in height and most types of
accessory structures), the design must take into account both foundation conditions,
proximity of active faults and their associated ground shaking characteristics. Design -level
geotechnical reports must include CBC seismic design parameters. Those parameters are
used by the structural engineer in the design of civil engineering structures. With
conservative design and quality construction, ground shaking damage can be kept to a
practical minimum.
As part of this application submittal, the developer submitted a Design Level Geotechnical
Investigation prepared by Berlogar Stevens & Associates (BSA), dated February 15, 2017.
The BSA field investigation consisted of a detailed site inspection, a series of exploratory
borings and a general description of the site location. Per the BSA report, the site is not
located within a State of California Earthquake Fault Zone which indicates that there are no
known active faults crossing the site. The report and its findings have been peer reviewed
by the County Geologist and found to provide sufficient information to justify the report’s
conclusions. Design and construction recommendations provided as part of the BSA report
are incorporated into the project as mitigation measure GEO-1. Nevertheless, the County
Geologist has recommended five additional mitigations for the project to ensure that the
development represents a less than significant impact with respect to geological
considerations.
GE0-1: The applicant shall comply with all specific standards and criteria for use in
design and construction of the project (site grading, drainage and foundation design ,
etc.) as identified in the February 15, 2017, BSA Design Level Geotechnical
Investigation.
GEO-2: Prior to issuance of construction permits or installation of improvements, the
project proponent shall submit an geotechnical update report that references proposed
grading, drainage and foundation plans and provides specific criteria and standards for
site grading, drainage and foundation design based on adequate subsurface data. The
scope of the update geotechnical investigation should address the following potential
hazards: (i) expansive soils, (ii) corrosive soils, (iii) design of bio-retention facilities
and their effect on planned improvements, and (iv) provide California Building Code
seismic parameters that are based on the adopted CBC at the time that residential
building permits are requested. It is anticipated that the geotechnical engineer’s scope
of work will demonstrate (v) that the expansivity and corrosivity of soils have been
taken into account in grading and foundation design; (vi) that R-value testing has been
utilized for design of pavements, and (vii) include measures to protect pad areas from
excessive moisture/ponding/surface runoff.
GEO-3: Concurrently with recordation of the Parcel Map, record a statement to run
with deeds to the property acknowledging the BSA report by title, author (firm), and
date, calling attention to conclusions, including the requirements for a design-level
geotechnical investigation and noting that the report is available to prospective buyers
from seller of the parcel.
GEO-4: The update geotechnical report shall be subject to review by the County’s peer
review geologist, and review/approval of the DCD staff. Improvement, grading and
building plans shall carry out the recommendations of the approved report.
GEO-5: The geotechnical report required by GEO-2 routinely includes recommended
geotechnical observation and testing services during construction. These services are
essential to the success of the project. They allow the geotechnical engineer to (i) ensure
geotechnical recommendations for the project are properly interpreted and implemented
by contractors, (ii) allow the geotechnical engineer to view exposed conditions during
construction to ensure that field conditions match those that were the basis of the design
recommendations in the approved report, and (iii) provide the opportunity for field
modifications of geotechnical recommendations (with BID approval), based on exposed
conditions. The monitoring shall commence during clearing, and extend through
grading, placement of engineered fill, installation of recommended drainage facilities,
and foundation related work. A hard hold shall be placed on the “final” grading
inspection, pending submittal of a report from the project geotechnical engineer that
documents their observation and testing services during grading and drainage related
improvements.
Similarly, a hard hold shall be placed on the final building inspection for each residence,
pending submittal of a letter-report from the geotechnical engineer documenting the
monitoring services associated with implementation of foundation-related geotechnical
recommendations. The geotechnical monitoring shall include pier hole
drilling/foundation preparation work/installation of drainage improvements (e.g.,
collection of roof gutter in a closed conduit and conveying it to a suitable discharge
point; and possibly installation of a sub-drain system around the perimeter of the
foundation to control moisture beneath the foundation).
GEO-6: All grading, excavation and filling shall be conducted during the dry season
(April 15 through October 15) only, and all areas of exposed soils shall be revegetated
to minimize erosion and subsequent sedimentation. After October 15, only erosion
control work shall be allowed by the grading permit. Any modification to the above
schedule shall be subject to review by the County Grading Inspector, and the
review/approval of the CDD staff.
iii) Seismic-related ground failure, including liquefaction?
A secondary seismic hazard associated with earthquake shaking is the potential for strong
ground shaking to trigger ground failure, including liquefaction of relatively loose, and
relatively clay free sands that are saturated. The consequences of liquefaction can include
differential settlement and lateral spreading failures. With regard to liquefaction potential,
the Safety Element of the General Plan provides a map that divides Contra Costa County
into three categories of liquefaction potential: “generally high,” “generally moderate to
low,” and “generally low.”
This map was prepared by a geotechnical engineering firm under contract with the County
that considered available data on soil types and the elevation of the water table, along with
limited review of selected borehole logs for land development projects within the County.
According to this map, the site and adjacent lands on the valley floor are classified generally
moderate to low liquefaction potential. The bedrock in the Los Medanos Hills are classified
generally low liquefaction potential. This liquefaction potential map in the General Plan is
used as a “screening criteria” by Contra Costa County during the processing of land
development applications, on a project-by-project basis. The County has consistently
required rigorous evaluation of liquefaction potential in areas of high potential, and less
comprehensive investigations in areas rated moderate to low liquefaction potential. The map
attempts to be conservative of the side of safety. That is because project sites classified
generally moderate to low are underlain by soils considered less likely to contain relatively
loose, clay-free sands layers that are saturated. According to the County Peer Review
Geologist, only 1 acre of every 1,000 acres in the moderate to low liquefaction potential
category possess liquefiable sands.
A screening investigation normally involves evaluation of the subsurface conditions based
on adequate subsurface exploration of the site. The deposits penetrated in the borehole are
logged. The data gathered include (i) depth of water table, (ii) St andard Penetration Test
blow counts, (iii) moisture/density testing, and (iv) gradation testing of sand layers. This
technical data is utilized to draw preliminary conclusions regarding the need for a more
rigorous/quantitative evaluation. Ordinarily, a screening investigation of this type would
include one or more boreholes that are approximately 40-50 ft. deep (or to bedrock,
whichever is less). Where liquefiable sands are confirmed to be present, the geotechnical
report must provide stabilization measures. Therefore, as mentioned above, BSA preformed
borings at the site to evaluate the site characteristics. The boring results which included
laboratory testing concluded that the potential for liquefaction is low due to the depth (50
feet) of groundwater and the clayey nature of the site soils.
iv) Landslides?
Landslides can be a concern on properties of substantial slope, however, the subject site is
relatively flat. No contiguous properties have steep gradients, therefore, the project
represents no risk of damage to property or safety to human beings as a result of the
development.
b) Would the project result in substantial soil erosion or the loss of topsoil?
The project includes construction of 8 single-family homes and the associated roadway and
drainage improvements. A Preliminary Stormwater Control Plan prepared by APEX Civil
Engineering & Land Surveying, Inc., dated March 18, 2019, has been prepared for this project.
The Stormwater Control Plan details the use of a bio-retention area between lots 4 and 5 to provide
treatment and hydromodification. Drainage collected within the bio-retention area will then drain
to three existing storm drain inlets that are connected to a 24-inch storm drain line that ultimately
connects to a larger 36-inch storm drain main in the Karas Court to the north. The Stormwater
Control Plan has been reviewed and accepted as preliminary complete by the Public Works
Department. Any other minor alterations to the existing drainage patterns caused by the proposed
project will require review and approval of the County Building Inspection Division and Public
Works Department. Implementation of the final stormwater control plan suggests that rainwater
runoff generated by the project will be appropriately drained and represent a less than significant
impact with regards to soil erosion or the loss of topsoil.
The project also includes an exemption request from County Ordinance Code, Division 914,
Chapter 914-2.004 to be relieved of the off-site collect and convey requirements for the drainage
associated with the western corner of the site. A minor ridgeline within the western portion of the
site diverts about 25% of the site drainage to Laurel Drive. As the property is mapped as being
within drainage area 33B (DA33B), the intent is to have this western runoff continue along the
north side of Laurel Drive and eventually into a storm drain system west of Ayers Road. However,
when the lot to the west (9902 Malu Lane) was developed, an inlet was installed along its frontage
that actually diverts the subject site’s western drainage and a portion of Laurel Drive to another
formed drainage area 33C. The proposed layout of the subject site corrects this situation and
returns the site drainage back into the DA33B system (e.g., Karas Court).
In light of the above, in accordance with the requirements outlined in County Ordinance Code
Chapter 92-6, the applicant submitted the exemption request. This request is supported due to the
following:
1. Topographic constraints relative to the site as discussed above,
2. The infill nature of this project, and
3. There is residual capacity within the Karas Court drainage system to accept the diverted
runoff.
Given the applicant’s hydrological calculations, historical drainage patterns, topography of the
site and stormwater control plan, granting of the exemption request would not be adverse to the
neighboring properties or community in general.
c) Would the project be located on a geologic unit or soil that is unstable, or that would become
unstable as a result of the project and potentially result in on- or off-site landslide, lateral
spreading, subsidence, liquefaction or collapse?
As mentioned in a and b above, the site’s soil characteristics are not unstable due to off-site
landslides, lateral spreading, subsidence or liquefaction.
d) Would the project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building
Code (1994), creating substantial direct or indirect risks to life or property?
The soils encountered in the BSA’s borings were predominately silty and sandy clays. Single point
swell testing was performed on two samples. One was collected at a depth of 2 feet and the other
at 3 feet. The samples were loaded to 1,000 psf and then saturated. Both samples swelled 0.7%
upon saturating. The results of the laboratory testing are indicative of soils having a moderate to
high expansion potential. Thus, mitigation measure GEO-1 has been included into the project
which provides design recommendations that once implemented will reduce the effects of
expansive soils to less than significant levels.
e) Would the project have soils incapable of adequately supporting the use of septic tanks or
alternative wastewater disposal systems where sewers are not available for the disposal of
wastewater?
Municipal waste water service is available to the site, therefore, the use of septic tanks or
alternative wastewater disposal systems will not be necessary.
f) Would the project directly or indirectly destroy a unique paleontological resource or site or
unique geologic feature?
No unique paleontological resources or unique geologic features have been identified on the site.
Thus, no impacts to those resources is expected as a result of project.
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
8. GREENHOUSE GAS EMISSIONS – Would the project:
a) Generate greenhouse gas emissions, either
directly or indirectly, that may have a significant
impact on the environment?
b) Conflict with an applicable plan, policy or
regulation adopted for the purpose of reducing the
emissions of greenhouse gases?
SUMMARY:
a) Would the project generate greenhouse gas emissions, either directly or indirectly, that may have
a significant impact on the environment?
Greenhouse gases (GHGs) are present in the atmosphere naturally, are released by natural sources,
or are formed from secondary reactions taking place in the atmosphere. The gases that are widely
seen as the principal contributors to human-induced global climate change are:
Carbon dioxide (CO2);
Methane (CH4);
Nitrous oxide (N2O);
Hydrofluorocarbons (HFCs);
Perfluorocarbons (PFCs); and
Sulfur Hexafluoride (SF6).
Over the last 200 years, humans have caused substantial quantities of GHGs to be released into
the atmosphere. These extra emissions are increasing GHG concentrations in the atmosphere and
enhancing the natural greenhouse effect, which is believed to be causing global warming. While
manmade GHGs include naturally-occurring GHGs such as CO2, methane, and N2O, some gases,
like HFCs, PFCs, and SF6 are completely new to the atmosphere.
Certain gases, such as water vapor, are short-lived in the atmosphere. Others remain in the atmos-
phere for significant periods of time, contributing to climate change in the long term. Water vapor
is excluded from the list of GHGs above because it is short-lived in the atmosphere and its
atmospheric concentrations are largely determined by natural processes, such as oceanic
evaporation.
These gases vary considerably in terms of Global Warming Potential (GWP), which is a concept
developed to compare the ability of each GHG to trap heat in the atmosphere relative to another
gas. The GWP is based on several factors, including the relative effectiveness of a gas to absorb
infrared radiation and length of time that the gas remains in the atmosphere (“atmospheric
lifetime”). The GWP of each gas is measured relative to CO2, the most abundant GHG; the
definition of GWP for a particular GHG is the ratio of heat trapped by one unit mass of the GHG
to the ratio of heat trapped by one unit mass of CO2 over a specified time period. GHG emissions
are typically measured in terms of pounds or tons of “CO2 equivalents” (CO2e).
Construction Emissions. Construction activities, such as site preparation, site grading, on-site
heavy-duty construction vehicles, equipment hauling materials to and from the site, and motor
vehicles transporting the construction crew would produce combustion emissions from various
sources. During construction of the project, GHGs would be emitted through the operation of
construction equipment and from worker and builder supply vendor vehicles, each of which
typically uses fossil-based fuels to operate. The combustion of fossil-based fuels creates GHGs
such as CO2, CH4, and N2O. Furthermore, CH4 is emitted during the fueling of heavy equipment.
Exhaust emissions from on-site construction activities would vary daily as construction activity
levels change.
However, implementation of Mitigation Measures AIR-1 and AIR-2 would further reduce already
less-than-significant construction GHG emissions by limiting construction idling emissions and
duration of daily work. Therefore, given construction emissions will be temporary and at limited
levels, the impact to GHG emissions as a result of the project is considered to be less than
significant.
Operational Emissions. Long-term operation of the proposed project (residential uses) would
generate GHG emissions from mobile sources and indirect emissions from sources associated with
energy consumption. Mobile-source emissions of GHGs would include project-generated vehicle
trips associated with future residents at the project site. Emissions would also be generated at off-
site utility providers as a result of demand for electricity generated by the proposed project.
However, the amounts of GHG emissions expected from the project will be below any conceivable
threshold of significance and would be less than significant.
b) Would the project conflict with an applicable plan, policy or regulation adopted for the purpose
of reducing the emissions of greenhouse gases?
In developing the threshold of significance for GHG emissions, the BAAQMD identified the
emissions level for which a project would conflict with existing California legislation adopted to
reduce Statewide GHG emissions. As indicated in the discussion presented above, the proposed
project would not exceed the project-level significance criteria established by the BAAQMD and,
therefore, the proposed project would not conflict with plans adopted for the purpose of reducing
GHG emissions and this impact would be less than significant.
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
9. HAZARDS AND HAZARDOUS MATERIALS – Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use,
or disposal of hazardous materials?
b) Create a significant hazard to the public or the
environment through reasonably foreseeable
upset and accident conditions involving the
release of hazardous materials into the
environment?
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or
proposed school?
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a
result, would create a significant hazard to the
public or the environment?
e) For a project located within an airport land use
plan or, where such a plan has not been adopted,
within two miles of a public airport or public use
airport, would the project result in a safety hazard
or excessive noise for people residing or working
in the project area?
f) Impair implementation of or physically interfere
with an adopted emergency response plan or
emergency evacuation plan?
g) Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury or
death involving wildland fires?
SUMMARY:
a) Create a significant hazard to the public or the environment through the routine transport, use,
or disposal of hazardous materials?
The proposed project consists of subdividing the subject lot into 8 new parcels, and constructing
eight new single-family residences on a site that is currently zoned for residential purposes. No
industrial or commercial uses such as gas stations are proposed with this application. All utilities
are available to the site which suggests that no routine transport of hazardous materials will be
necessary to sustain the residential subdivision (e.g., propane). Compliance with the applicable
building and fire codes implies that no undue risk will be introduced to the project as a result of
construction of the anticipated new homes. Therefore, the project will not involve a significant
increase in risks associated with transport of hazardous materials within the area.
b) Create a significant hazard to the public or the environment through reasonably foreseeable upset
and accident conditions involving the release of hazardous materials into the environment?
The proposed 8 lot subdivision involves rezoning the subject property from one residential
designation to another. No industrial uses or activities that involve significant amounts of
hazardous material are associated with the proposal or allowable with the new higher density
residential zoning district. Due to the site’s past agricultural uses, the applicant has contracted
AEI Consultants to prepare a Limited Phase II Subsurface Investigation, dated October 14, 2016.
The investigation included collection of eight shallow soil borings. No ground water was
encountered in the borings during drilling activities. No visual or olfactory evidence (e.g., soil
discoloration, odor) of potential impacted soils was observed in any of the recovered soils during
drilling activities. Soil samples were submitted to McCampbell Analytical, Inc. of Pittsburg, CA,
for analyses. The analytical results from this investigation were compared to the February 2016
Environmental Screening Levels (ESLs) developed by the San Francisco Bay Regional Water
Quality Control Board (RWQCB). The report concluded that minor residual concentrations of
organochlorine pesticides (OCPs) associated with agricultural land uses are present within
shallow soils at the site. However, with the exception of dieldrin, arsenic levels were
representative of naturally-occurring background conditions for metals in San Francisco Bay Area
soils (Duverge, 2011). Based on the these concentration levels of all known OCPs (dieldrin
included), the report concluded that no further investigation or remedial action is required.
In an abundance of caution, the report was forwarded to the San Francisco Bay Regional Water
Quality Control Board, Groundwater Protection Division for a peer review of the findings.
RWQCB staff indicated in an email dated, March 18, 2019, that the detected arsenic
concentrations exceed the residential screening levels, however, due to absence of any obvious
hotspots (based on the distribution of sampling results), the concentration levels observed at the
site are a common occurrence and is consistent with background levels in the Bay Area. Therefore,
based on all available data, the project represents a less than significant impact with regards to the
unexpected release or exposure of hazardous materials to humans or the environment.
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or
waste within one-quarter mile of an existing or proposed school?
Ayers Elementary school and Myrtle Farm school are located within one quarter of a mile of the
project site. Notwithstanding that fact, the project does not include the storage or transportation
of any hazardous materials on a commercial scale. Typical chemicals such as herbicides and
pesticides are expected as part of typical residential uses, however, no large quantities of
chemicals will be stored or used as part of the construction phase of the project. Therefore, the
project represents a less than significant impact with regards to release of hazardous materials.
d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result, would create a significant hazard to the public
or the environment?
The site is not listed as a hazardous materials site, thus no impact.
e) For a project located within an airport land use plan or, where such a plan has not yet been
adopted, within two miles of a public airport or public use airport, would the project result in a
safety hazard or excessive noise for people residing or working in the project area?
The subject property is not located within an airport land use plan area, thus no impact.
f) Impair implementation of or physically interfere with an adopted emergency response plan or
emergency evacuation plan?
The proposed subdivision will be located completely within the boundaries of the subject
property, and will not interfere with transport or access along any roadways or waterways that
may be part of an emergency response or evacuation plan. The project does not propose to remove
or alter any existing structures that may be an element of any existing emergency response or
evacuation plan. Lastly, the proposed project will not negatively impact any communications
methods that may be used during an emergency situation.
g) Would the project expose people or structures, either directly or indirectly, to a significant risk of
loss, injury or death involving wildland fires?
The project site is not located within an area designated as forest land or within an area with a
high fire danger designation. The Contra Costa County Fire Protection District has reviewed the
project and returned basic subdivision comments such as “NO PARKING – FIRE LANE”
requirements for the proposed access road. The Fire District’s comments did not include any
concern regarding wildfire. Furthermore, the 8 lot subdivision proposal is located at an urban infill
site which is not near any substantial vegetation that would represent an increase of wildfire risk.
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
10. HYDROLOGY AND WATER QUALITY – Would the project:
a) Violate any water quality standards or waste
discharge requirements or otherwise
substantially degrade surface or ground water
quality?
b) Substantially decrease groundwater supplies or
interfere substantially with groundwater recharge
such that the project may impede sustainable
groundwater management of the basin?
c) Substantially alter the existing drainage pattern
of area, including through the alteration of the
course of a stream or river or through the addition
of impervious surfaces, in a manner which
would:
i) Result in substantial erosion or siltation on-
or off-site?
ii) Substantially increase the rate or amount of
surface runoff in a manner which would
result in flooding on- or off-site?
iii) Create or contribute runoff water which
would exceed the capacity of existing or
planned stormwater drainage systems or
provide substantial additional sources of
polluted runoff?
iv) Impede or redirect flood flows?
d) In flood hazard, tsunami, or seiche zones, risk
release of pollutants due to project inundation?
e) Conflict with or obstruct implementation of a
water quality control plan or sustainable
groundwater management plan?
SUMMARY:
a-b) The proposed eight-lot subdivision is solely intended for residential activities. The proposed
project will not produce any substances or other end products as part of its establishment. There
will be no interaction between the proposed homes or infrastructure and any groundwater table or
aquifer that may exist at the subject site. The project includes a request to annex or into an Out
of Area Service agreement with the City of Concord for wastewater service. City of Concord staff
has indicated that sufficient capacity exists to accommodate the addition of eight new residences
at the site. Compliance with all applicable wastewater requirements and regulations suggests that
the project will not violate any water quality standards or waste discharge requirements, therefore,
the project represents a less than significant impact on the current wastewater system and ground
water in general.
c) Would the project substantially alter the existing drainage pattern of area, including through the
alteration of the course of a stream or river or through the addition of impervious surfaces, in a
manner which would:
i) Result in substantial erosion or siltation on- or off-site?
As mentioned in the Biological Section of this study, there are no bodies of water, or water
features located on this site. Nevertheless, the applicant has submitted a stormwater control
plan (SWCP) which has been deemed preliminarily complete by the Public Works
Department. As described in the stormwater control plan, new impervious surfaces
(driveways and new homes) will drain to the new vegetated bio-retention area. The
rainwater runoff collected in this bio-retention area will be filtrated and treated prior to
being released to existing drainage infrastructure. To support the drainage design, the
applicant contracted Wenck Associates, Inc., dated October 3, 2018, to prepare a storm
drain capacity analysis for the project. The report determined that there is capacity in the
existing drainage system to accommodate the proposed additional runoff associated with
the project. Any changes to the drainage plan will require review and approval of the
Building Inspection Division and Public Works Department prior to construction.
Therefore, the project will represent a less than significant impact with regards to erosion
or siltation on or off-site.
ii) Substantially increase the rate or amount of surface runoff in a manner which would result
in flooding on- or off-site?
The applicant has prepared a hydrological study which demonstrates that adequate capacity
exists within the storm drain system to the north, to accommodate the stormwater runoff
generated by the project. As mentioned above, the SWCP will slow out flows into the
system to pre-project rates. Therefore, based on the approved SWCP, the project will not
cause or contribute to flooding on or off-site.
iii) Create or contribute runoff water which would exceed the capacity of existing or planned
stormwater drainage systems or provide substantial additional sources of polluted runoff?
The applicant has prepared a hydrological study which demonstrates that adequate capacity
exists within storm drain system DA33B to accommodate the stormwater runoff generated
by the project. As mentioned above, the SWCP will slow out flows into the system to pre -
project rates and filter pollutants prior to discharge into the system. Therefore, based on the
approved SWCP, the project will not cause or contribute to flooding on or off-site.
iv) Impede or redirect flood flows?
The project is not within a designated flood zone area. Nevertheless, the project will not
impede or redirect flood flows to areas outside of the property boundaries. Runoff from
properties surrounding and adjacent to the project site would be diverted through existing
topographic features or stormwater drainage improvements on the north and side of the
property. Drainage from properties on the west will be directed away from the site as they
are at a lower topographic elevation.
d) In flood hazard, tsunami, or seiche zones, would the project risk release of pollutants due to
project inundation?
The project would not be inundated by seiche, tsunami or mudflow. The available data indicates
a reduction in the risk of a tsunami that is proportional to the distance from the Golden Gate and
the western San Francisco Bay. There have been no recorded occurrences of a seiche wave in the
project area.
e) Would the project conflict with or obstruct implementation of a water quality control plan or
sustainable groundwater management plan?
A Storm Water Pollution Prevention Program (SWPPP) which incorporates Best Management
Practices (BMPs) for the project is required by the Contra Costa County Building Inspection
Division, Grading Section prior to issuance of grading permits for the construction phase of the
project. County inspection during site preparation and construction would confirm the
implementation and on-going maintenance of the SWPPP and BMPs and other pertinent County
requirements related to water quality standards and waste discharge requirements. Therefore, the
project will not result in significant impacts on water quality.
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
11. LAND USE AND PLANNING – Would the project:
a) Physically divide an established community?
b) Cause a significant environmental impact due to
conflict with any land use plan, policy, or
regulation adopted for the purpose of avoiding or
mitigating an environmental effect?
SUMMARY:
a) Would the project physically divide an established community?
The project will not physically divide an established community since the project is proposed on
a relatively small existing residential site within a well-developed neighborhood. No roadways or
other features that could potentially create a physical division of the community are proposed,
therefore there will be no impact. The project will not result in incompatible uses, as many of the
surrounding properties have been developed with similar uses for many years. Rather, the project
will be consistent with many other properties in the immediate vicinity.
b) Would the project cause a significant environmental impact due to conflict with any land use plan,
policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?
There are no land use plans applicable to the site. The subject property is not located within the
East Contra Costa County Habitat Conservation Plan (HCP)/Natural Community Conservation
(NCCP) coverage area. Therefore, there is no need for this project to be covered under the plan.
Therefore, the project will have no impact with regard to conflicting with any adopted land use
plan within the County.
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
12. MINERAL RESOURCES – Would the project:
a) Result in the loss of availability of a known
mineral resource that would be of value to the
region and the residents of the state?
b) Result in the loss of availability of a locally-
important mineral resource recovery site
delineated on a local general plan, specific plan
or other land use plan?
SUMMARY:
a-b) According to Figure 8-4 (Mineral Resource Areas) of the Contra Costa County General Plan, the
subject property is not located within an area identified as a significant mineral resource area.
Additionally, staff is unaware of any prior studies done at the subject property that indicate the
potential presence of mineral resources.
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
13. NOISE – Would the project result in:
a) Generation of a substantial temporary or
permanent increase in ambient noise levels in the
vicinity of the project in excess of standards
established in the local general plan or noise
ordinance, or applicable standards of other
agencies?
b) Generation of excessive groundborne vibration
or groundborne noise levels?
c) For a project located within the vicinity of a
private airstrip or an airport land use plan or,
where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the project expose people residing or
working in the project area to excessive noise
levels?
SUMMARY:
a-b) The subject site is located within a well-developed residential neighborhood in unincorporated
Concord. The Department of Conservation and Development Accela GIS system shows that the
site is approximately 0.6 miles west of the nearest area experiencing 60 dB noise levels (Kirker
Pass Road). The home-construction phase of the project has the potential to contribute to existing
noise levels and possible ground vibrations in the area due to the use of heavy duty construction
equipment, vehicles, and tools, but this impact will be of a temporary duration. Once completed,
the project will not significantly increase the noise levels beyond current levels experienced in the
area since no loud noise-generating activities are proposed or associated with the residential nature
of the project. Therefore, with implementation of Mitigation Measure AIR-2, the construction
phase of the project will be restricted to specific days of the week and to a limited number of work
hours in order to lessen the amount of time during the week that noise impacts would aff ect the
neighborhood, so the impact is less than significant as mitigated.
c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where
such a plan has not been adopted, within two miles of a public airport or public use airport, would
the project expose people residing or working in the project area to excessive noise levels?
The subject property is not located within an area covered by the Contra Costa County Airport
Land Use Compatibility Plan, nor is the project located within 2 miles of an airport or private
airstrip, so there will be no impact.
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
14. POPULATION AND HOUSING – Would the project:
a) Induce substantial unplanned population growth
in an area, either directly (e.g., by proposing new
homes and businesses) or indirectly (e.g.,
through extension of roads or other
infrastructure)?
b) Displace substantial numbers of existing people
or housing, necessitating the construction of
replacement housing elsewhere?
SUMMARY:
a-b) The project proposes eight new single-family residences, which will allow for several new
families to move into the neighborhood, but this would not be considered “substantial” population
growth. The proposed subdivision map indicates that the developer will install a new sidewalk
within the dedicated area. As part of the sidewalk and vehicular access road installation, the
associated project utilities will be undergrounded. New hook-ups for sewer, water, and electrical
service to the new residences have tentatively been routed on the proposed map. The proposal
does not require the displacement of people or existing communities, nor requires the construction
of new homes elsewhere. The proposed subdivision and residences are not anticipated to induce
substantial population growth in the area; therefore the impact will be less than significant.
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
15. PUBLIC SERVICES – Would the project result in substantial adverse physical impacts associated
with the provision of new or physically altered governmental facilities, need for new or physically altered
governmental facilities, the construction of which could cause significant environmental impacts, in order
to maintain acceptable service ratios, response times or other performance objectives for any of the
public services:
a) Fire Protection?
b) Police Protection?
c) Schools?
d) Parks?
e) Other public facilities?
SUMMARY:
Would the project result in substantial adverse physical impacts associated with the provision of new
or physically altered governmental facilities, need for new or physically altered governmental facilities,
the construction of which could cause significant environmental impacts, in order to maintain
acceptable service ratios, response times or other performance objectives for any of the public services:
a) Fire Protection?
The site is currently served by the Consolidated Fire Protection District. The District has reviewed
the project and provided their comments and conditions relating to the proposed project, and no
new or increased fire protection services were required, so the impact would be less than
significant.
b) Police Protection?
The Growth Management Element, Section 4.4 of the County General Plan requires 155 square
feet of Sheriff’s station area and support facilities for every 1,000 members of the population;
since there is only eight new residences proposed, the project would not increase the population
up to this threshold. Therefore, the project would not increase the demand for police service
facilities or require the construction or need for new police subs tations within the area, so the
impact is considered less than significant.
c) Schools?
Impacts to schools are usually caused by significant increases in population. The subdivision and
residences will not represent a substantial rate of population growth. Nonetheless, the developer
will be required to pay a school developer fee for each lot prior to recordation of the map in order
to offset any incremental increase in demand within the school system. The proposed project will
produce eight new residences and associated fees, thus the impact is considered less than
significant.
d) Parks?
The County General Plan requires that three acres of neighborhood parks be available for every
1,000 members of the population. The proposed project will not result in a significant increase in
the County population, but the construction of eight new single-family residences will require the
payment of a Park Impact Fee for each residence, which is used to acquire parkland and develop
parks and recreation facilities to serve new residential development in the unincorporated areas of
the County. Therefore the impact on parks and recreation is considered less than significant.
e) Other public facilities?
Impacts to other public facilities, such as hospitals and libraries are usually caused by substantial
increases in population. Implementation of the proposed project is not anticipated to induce
significant population growth since only eight new residences will result from project approval.
The project is not anticipated to create substantial additional service demands besides those which
have been preliminarily reviewed by various agencies of Contra Costa County, or result in adverse
physical impacts associated with the delivery of fire, police, schools, parks, or other publi c
services. Therefore, the impact to hospitals, libraries or other public facilities is less than
significant.
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
16. RECREATION
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial
physical deterioration of the facility would occur
or be accelerated?
b) Does the project include recreational facilities or
require the construction or expansion of
recreational facilities, which might have an
adverse physical effect on the environment?
SUMMARY:
a) Would the project increase the use of existing neighborhood and regional parks or other
recreational facilities such that substantial physical deterioration of the facility would occur or
be accelerated?
Increased use of parks and other recreational facilities typically results from general population
growth over time and from development of specific projects that significantly increase the number
of people in the immediate vicinity of such facilities. Implementation of the proposed project is
not anticipated to induce substantial population growth since only eight new residences will be
built if approved. Nevertheless, fees will be required prior to recordation of the subdivision map
that will be used to acquire parkland and develop parks and recreation facilities to serve new
residential development in the unincorporated areas of the County. Therefore, the impact is
considered less than significant.
b) Does the project include recreational facilities or require the construction or expansion of
recreational facilities, which might have an adverse physical effect on the environment?
The project proposes to subdivide the subject site into eight total lots which will result in the
construction of eight new homes. No recreational facilities are proposed as part of the project
which would create substantial additional service demands on local parks or have an adverse
physical effect on the environment; therefore, the impact will be less than significant.
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
17. TRANSPORTATION – Would the project:
a) Conflict with a program, plan, ordinance or
policy addressing the circulation system,
including transit, roadway, bicycle, and
pedestrian facilities?
b) Conflict or be inconsistent with CEQA
Guidelines Section 15064.3(b)?
c) Substantially increase hazards due to a geometric
design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
d) Result in inadequate emergency access?
SUMMARY:
a) Would the project conflict with a program, plan, ordinance or policy addressing the circulation
system, including transit, roadway, bicycle, and pedestrian facilities?
The site is accessed via Laurel Drive which is a public roadway with no bicycle facilities or transit
facilities. The nearest transit facilities are located on Kirker Pass Road and Ayers Road. The
project includes frontage improvements (curb, gutter and sidewalk) which will improve pedestrian
movement in the area. Both the County’s Public Works Department and Fire Department have
reviewed the proposed pedestrian improvements and have determined that they comply with all
applicable design standards (e.g., width, slope, line-of-site and fire apparatus turn-around).
The Contra Costa Transportation Authority (CCTA) Growth Management Plan and the County of
Contra Costa (County) General Plan establish measures of effectiveness and requirements for the
analysis and disclosure of circulation impacts associated with new land developments. Potential
circulation impacts may be expected, and traffic impact analyses are required for projects that
generate more than 100 or more than 100 net new peak-hour trips. A project generating less than
100 peak-hour trips generally will not create or exacerbate a significant circulation impact. Per
the table below, the proposed project will generate less than 100 peak-hour trips, thus resulting in
a less than significant impact.
Rate
Single-Family
Detached House (210)
AM Peak Hour 0.74
PM Peak Hour 0.99
Weekdays 7
Rate Based on 8 Units 6 AM/8 PM Peak Hour Trips
Source: Institute of Transportation Engineers, Trip Generation, 10th Edition.
There is no potential for the proposed project to conflict with adopted policies, plans, or programs
supporting alternative transportation. The proposed project would not alter the local infrastructure
in a way that could hinder future establishment of public transportation. The project does not
propose a design that would prevent the use of bicycles or other alternative modes of
transportation, thus there would be no impact.
b) Would the project conflict or be inconsistent with CEQA Guidelines Section 15064.3(b)?
There are several available tools that assist planning staff when evaluating the vehicles miles
traveled (VMT) of a specific project. The California Air Resources Board (ARB) has evaluated
the existing tools (August 30, 2017, Report) and determined that based on the project type one
tool may be more appropriate than another. As determined by the ARB report, the GreenTrip
Connect tool provides a robust analysis of residential projects in any context area. By inputting
the project details into the GreenTrip Connect program, it was determined that the residents of the
project would not drive any more than the current Contra Costa County average for similar
environmental contexts. According to the report results, the project would provide 23% more
parking than what is otherwise provided in today’s residential project’s. Due to the additional
parking provided it was determined that these parking spaces accounted for the induced demand
for additional vehicles and miles traveled. Nevertheless, due to the project’s infill nature,
proximity to County Connection public transportation, and retail services, the project does not
induce an overly high vehicles miles traveled expectation (41.45 miles per day expected,
compared to 76 miles per day for low density projects, 35 miles a day for transit center location s
and 15 miles per day for Urban Center sites). Therefore, due to the above analysis and results, the
project is consistent with the methodology for evaluating the specific considerations of the
project’s transportation impacts and represents a less than significant impact.
c) Would the project substantially increase hazards due to a geometric design feature (e.g., sharp
curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?
There are no increased hazards due to a design feature such as curves or intersections. The
project’s ingress/egress will be provided by a new private road within a 33.5-foot wide access and
utility easement. Comments received from the Public Works Department stated that the design of
the project conforms to applicable design standards. The Contra Costa Fire Protection District has
also reviewed the project for conformance with the Fire District standards, whi ch include
emergency access, and no comments of concern were received. Therefore, the project will have a
less than significant impact.
d) Would the project result in inadequate emergency access?
The Contra Costa Fire Protection District has reviewed the project for conformance with the Fire
District standards, which include emergency access, and no comments of concern were received.
Therefore, the project will have a less than significant impact.
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
18. TRIBAL CULTURAL RESOURCES – Would the project cause a substantial adverse change in the
significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a
site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the
landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
a) Listed or eligible for listing in the California
Register of Historical Resources, or in a local
register of historical resources as defined in
Public Resources Code section 5020.1(k)?
b) A resource determined by the lead agency, in its
discretion and supported by substantial evidence,
to be significant pursuant to criteria set forth in
subdivision (c) of Public Resources Code Section
5024.1?
SUMMARY:
Would the project cause a substantial adverse change in the significance of a tribal cultural resource,
defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that
is geographically defined in terms of the size and scope of the landscape, sacred place, or object with
cultural value to a California Native American tribe, and that is:
a-b) As discussed in the Cultural Resources section of this initial study, the project site has numerous
improvements/structures, which were originally built in the early to mid-1900’s. None of these
structures are a state or local historical resource. Additionally, the project site is considered
urbanized and has no discernable archaeological or paleontological features; however, there is a
possibility that buried archaeological or paleontological resources, or human remains could be
present and accidentally discovered during grading or other earthwork. Therefore, the applicant is
required to implement mitigation measures CUL-1 and CUL-2, which will result in a less than
significant impact to Tribal Cultural Resources.
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
19. UTILITIES AND SERVICE SYSTEMS – Would the project:
a) Require or result in the relocation or construction
of new or expanded water, wastewater treatment,
or storm water drainage, electric power, natural
gas, or telecommunication facilities, the
construction or relocation of which could cause
significant environmental effects?
b) Have sufficient water supplies available to serve
the project and reasonably foreseeable future
development during normal, dry, and multiple
dry years?
c) Result in a determination by the wastewater
treatment provider, which serves or may serve
the project that it has adequate capacity to serve
the project’s projected demand in addition to the
provider’s existing commitments?
d) Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the attainment
of solid waste reduction goals?
e) Comply with federal, state, and local
management and reduction statutes and
regulations related to solid waste?
SUMMARY:
a) Would the project require or result in the relocation or construction of new or expanded water,
wastewater treatment, or storm water drainage, electric power, natural gas, or
telecommunication facilities, the construction or relocation of which could cause significant
environmental effects?
The proposed subdivision is expected to result in the construction of eight new single-family
residences. As proposed, the project will not require the construction of new utility facilities or
the expansion of existing facilities. All responsible utilities have returned Agency Comments and
have indicated that capacity exists to serve the project. Additionally, all utilities are available to
the development at the project boundaries, which will require minimal ground disturbance. T hus
the impact is considered to be less than significant.
b) Would the project have sufficient water supplies available to serve the project and reasonably
foreseeable future development during normal, dry, and multiple dry years?
The subject property currently receives water service from the Contra Costa Water District
(CCWD). As proposed, the project will require connection to the existing water main, in
compliance with the applicable California Building Codes. CCWD reviewed the project and
submitted comments indicating that water service could be supplied to the new residences without
the requirement of new or expanded facilities, so the impact will be less than significant.
c) Would the project result in a determination by the wastewater treatment provider, which serves
or may serve the project that it has adequate capacity to serve the project’s projected demand in
addition to the provider’s existing commitments?
The project includes subdividing a 3.6-acre property into eight new residential lots. One existing
single-family residence and associated accessory buildings/structures are currently located on the
property and will be removed in order to construct the new subdivision. No municipal sewer
service is presently serving the property, however the subject site is contiguous to the City of
Concord boundaries which affords the project an opportunity to annex into the City of Concord
boundaries or enter into an Out of Area Service Agreement in order to receive wastewater services.
Either of these options will require approval from the Contra Costa Local Agency Formation
Commission (LAFCO). City of Concord staff has issued a Will Serve Letter indicating that
wastewater services are available to the development.
Addition of 8 new residences to the site will generate approximately 270 gallons/day/home (2,160
per day total) of wastewater. The Will Serve Letter suggests that there is adequate capacity within
the system to accommodate the new flow amounts. The actual physical work needed to connect
the site to the existing 8-inch sewer main within the Laurel Drive right-of-way has very little
potential for degrading the quality of the environment, reducing habitat, or plant/animal
communities, or eliminating examples of California history, as the right-of-way has been paved
and completely disturbed for many years. An 8-inch sewer main extension will connect to the
existing sewer main and will be centrally located within the newly created public access and utility
easement for the project. Once the new sewer main extension is constructed, 4-inch laterals will
be extended to each new residence. Sanitary sewer clean outs will be installed and all connection
fees will require payment.
No part of the project will change the existing use of the site fr om residential to a more intense
use (e.g., commercial or industrial), therefore, it is not anticipated that any unexpected demands
will be placed on the City of Concord wastewater infrastructure. Adjacent properties are consistent
with the residential zoning of this site and are developed with similar residential uses. No
agricultural or open space uses will be depleted as part of the construction of the project or on -
going residential use of the site. Therefore, given that existing municipal wastewater treatment
services are available for the project, the development represents a less than significant impact.
d-e) Would the project generate solid waste in excess of State or local standards, or in excess of the
capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction
goals?
The subject property is currently designated as residential and will be used for residential-related
land uses if the proposed subdivision is granted. Future development at the site would be limited
to the land uses and structures permitted within the applicable residential zoning district, and will
be limited in scale due to the relatively small size of the project site. Surrounding properties are
similar in size and include similar residential uses. Due to the relatively small scope of the project,
the project is not expected to generate significant amounts of solid-waste that would impact local
landfills that serve the area, therefore, the development represents a less than significant impact.
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
20. WILDFIRE – If located in or near state responsibility areas or lands classified as very high fire
hazard severity zones, would the project:
a) Substantially impair an adopted emergency
response plan or emergency evacuation plan?
b) Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks, and thereby, expose
project occupants to pollutant concentrations
from a wildfire or the uncontrolled spread of a
wildfire?
c) Require the installation or maintenance of
associated infrastructure (such as roads, fuel
breaks, emergency water sources, power lines or
other utilities) that may exacerbate fire risk or
that may result in temporary or ongoing impacts
to the environment?
d) Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post-fire slope
instability, or drainage changes?
SUMMARY:
a-d) The project site is not located within an area of state responsibility or classified as very high fire
hazard severity zone. The project involves construction of 8 new single-family residences within
an urbanized area. All major roadways are well established and will not be impeded by any design
element of the project. The private access road and project as a wh ole has been reviewed by the
Contra Costa County Fire Protection District and no concerns were identified. Therefore, the
project will not impair an adopted emergency plan, expose project occupants to wildfire
pollutants, or expose people or structures to flooding or post-fire slope instability.
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
21. MANDATORY FINDINGS OF SIGNIFICANCE
a) Does the project have the potential to
substantially degrade the quality of the
environment, substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife
population to drop below self-sustaining levels,
threaten to eliminate a plant or animal
community, substantially reduce the number or
restrict the range of a rare or endangered plant or
animal, or eliminate important examples of the
major periods of California history or prehistory?
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
b) Does the project have impacts that are
individually limited, but cumulatively
considerable? (“Cumulatively considerable”
means that the incremental effects of a project are
considerable when viewed in connection with the
effects of past projects, the effects of other
current projects, and the effects of probable
future projects.)
c) Does the project have environmental effects,
which will cause substantial adverse effects on
human beings, either directly or indirectly?
SUMMARY:
a) Does the project have the potential to substantially degrade the quality of the environment,
substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to
drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially
reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate
important examples of the major periods of California history or prehistory?
As proposed, the project includes a request to subdivide the subject site into eight residential lots.
The project conforms to the SH General Plan designation’s density and intended residential use.
The project also includes a request to rezone the site from its current R-40 zoning to R-15. The
new lots will meet the development standards as set forth by the R-15 Zoning District in terms of
lot size, average width and depth. Construction of eight new residences and associated
improvements will not significantly change the visual character of the area. Removal of 30 trees
will not significantly affect the resource as the project is considered an in-fill project.
Since the project site has been completely disturbed by its occupants and is devoid of any water
features, the project would have a less than significant potential to degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife
population to drop below self-sustaining levels, threaten to eliminate a plant or animal community,
or reduce the number or restrict the range of a rare or endangered plant or animal. Furthermore,
the project does not have the potential to significantly eliminate important examples of any major
period of California history and prehistory, therefore the impact is less than significant.
Nevertheless, given an abundance of caution, all potential impacts can be reduced to less than
significant levels with mitigation measures identified in this document. The proposal when
reviewed cumulatively is a less than significant impact on the environment.
b) Does the project have impacts that are individually limited, but cumulatively considerable?
(“Cumulatively considerable” means that the incremental effects of a project are considerable
when viewed in connection with the effects of past projects, the effects of other current projects,
and the effects of probable future projects.)
The project involves creation of eight new lots that include new residences, roads, grading,
retaining walls, drainage and sidewalk improvements, however, there are no improvements
proposed that will be incompatible with the existing environment or area in which it is located.
The proposed project and construction implications of the infrastructure has been analyzed as part
of this study, and were found to have a less than significant impact on the environment. Staff is
not aware of any other substantial projects in the immediate vicinity that may cumulatively affect
utilities, roadways or the environment. Therefore, the project represents a less than significant
cumulative impact.
c) Does the project have environmental effects, which will cause substantial adverse effects on
human beings, either directly or indirectly?
The project as proposed will not significantly impact the environment. Furthermore, no evidence
has been found that would indicate that the project would have a potential to cause substantial
adverse effects on human beings, whether directly or indirectly, thus the impact will be less than
significant.
REFERENCES
In the process of preparing the Initial Study Checklist and conduction of the evaluation, the following
references (which are available for review at the Contra Costa County Department of Conservation and
Development, 30 Muir Rd., Martinez, CA 94553) were consulted:
1. Application received by Contra Costa County on August 1, 2018.
2. Revised Vesting Tentative Map date stamped February 27, 2019.
3. Contra Costa County General Plan 2005-2020
4. Contra Costa County Code – Title 8 Zoning Ordinance
5. Contra Costa County Geographic Information System
6. Contra Costa County Land Information System
7. Contra Costa County Important Farmland Map 2008 prepared by the California Department of
Conservation
8. Public Resources Code section 12220(g)
9. Public Resources Code section 4526
10. Government Code section 51104(g)
11. California Environmental Quality Act (CEQA) as amended January 1, 2019.
12. Bay Area Air Quality Management District CEQA Guidelines dated May 2011 (Updated 2017).
13. Bay Area Air Quality Management District proposed Thresholds of Significance for Greenhouse
Gas Emissions
14. California Department of Toxic Substances Control website
15. Association of Bay Area Governments Geographic Information Systems, Hazard Maps –
Wildland Urban Interface Fire Threat
16. Federal Emergency Management Agency Flood Insurance Rate Map
17. Association of Bay Area Governments Geographic Information Systems, Hazard Maps – Dam
Failure Inundation Areas
18. Agency Comments
19. Preliminary Title Report, prepared by Old Republic Title Company, dated June 28, 2018.
20. Laurel Place Stormwater System Analysis, prepared by WENCK, dated October 3, 2018.
21. Limited Phase II Subsurface Investigation, prepared by AEI Consultants, dated October 14, 2016.
22. Design Level Geotechnical Investigation, prepared by BSA, dated February 15, 2017.
23. Storm Water Control Plan, prepared by APEX, dated December 28, 2018.
24. Contra Costa County Code – Title 4 Health and Safety
25. Methods to Assess Co-Benefits of California Climate Investments, Vehicle Miles Traveled ,
prepared by California Air Resources Board, dated August 30, 2017.
26. GreenTrip Connect Online Tool.
27. Archaeological Literature Search and Survey, by Holman & Associates, dated May 7, 2019.
28. Historical Resources Evaluation, by Preservation Architecture, dated May 15, 2019.
ATTACHMENTS
1. Vicinity Map
2. Project Plans
Mitigation Monitoring and Reporting Program
County File #’s SD18-9495 and RZ18-3244
5175 Laurel Drive
Concord, CA 94521
June, 2019
Abbreviations: Mitigation Monitoring and Reporting Program
Condition of Approval (COA) SD18-9495 and RZ18-3244
Community Development Division (CDD) Page 2 of 10
SECTION 1: AESTHETICS
Potentially Significant Impact: Construction of new residential structures have potential to alter the
visual character of the immediate vicinity.
Mitigation Measure(s):
AES-1: At least 30 days prior to applying for building permits for each new residence, the
applicant/property owner shall submit a Compliance Verification application (only one application needed
if developer constructs entire subdivision), for review and approval of Department of Conservation and
Development, Current Planning Division (CDD) staff. The application must include construction
drawings (e.g., site plan, floor plans, elevations and grading plans) to verify compliance with all
mitigations and conditions of approval.
Implementing Action: Submit residential building plans to CDD staff for review.
Implementing Condition: TBD
Method of Verification: Review residential plans to ensure consistency with all
mitigations and conditions of approval.
Timing of Verification: At least 30 days prior to submittal for a building permit (with
COA compliance review application).
Party Responsible for Verification: Project proponent and CDD staff.
Compliance Verification:
AES-2: At least 30 days prior to recordation the final map, the applicant shall submit for the review and
approval of CDD staff, a proposed deed restriction with the following height limitation. The approved
deed restriction shall be recorded concurrently with the final map.
a. Residential buildings on lots 1 through 8 shall be limited to 28 feet in height.
Implementing Action: Submittal of a proposed deed restriction to CDD staff for review.
Implementing Condition: TBD
Method of Verification: Review of deed restriction language.
Timing of Verification: At least 30 days prior to submittal of subdivision map for
recordation (with COA compliance review).
Party Responsible for Verification: Project proponent and CDD staff.
Compliance Verification:
Abbreviations: Mitigation Monitoring and Reporting Program
Condition of Approval (COA) SD18-9495 and RZ18-3244
Community Development Division (CDD) Page 3 of 10
AES-3: At least 30 days prior to applying for residential building permits, the applicant shall provide for
the review and approval of CDD staff, color schemes that reflect the following:
a. Building and roof colors shall be muted earth tone colors to blend in with the environment. A variety
of colors shall be used to the extent feasible to break-up any monolithic facades.
Implementing Action: Submittal of color schemes for CDD staff review.
Implementing Condition: TBD
Method of Verification: Review of color schemes.
Timing of Verification: At least 30 days prior to submittal of building permit
applications.
Party Responsible for Verification: Project proponent and CDD staff.
Compliance Verification:
AES–4: To the extent feasible, new residential lighting shall be low-lying and exterior lights on buildings
shall be deflected so that lights shine onto the building site and not toward adjacent properties or offsite
locations. The use of overly bright lighting shall be avoided.
Implementing Action: Incorporate low-lying/low-intensity exterior lighting within all
residential building plans.
Implementing Condition: TBD
Method of Verification: Review of residential construction plans.
Timing of Verification: 30 days prior to applying for building permits (with COA
compliance review)
Party Responsible for Verification: Project proponent and CDD staff.
Compliance Verification:
SECTION 2: AIR QUALITY
Potentially Significant Impact: Exhaust emissions and particulate produced by construction activities
related to the project may cause exposure of the public or sensitive receptors to significant amounts of
pollutants or objectionable odors.
Mitigation Measures(s):
AIR-1: Consistent with the Best Management Practices required by the BAAQMD, the following actions
shall be incorporated into construction contracts if required and specifications for the project:
Abbreviations: Mitigation Monitoring and Reporting Program
Condition of Approval (COA) SD18-9495 and RZ18-3244
Community Development Division (CDD) Page 4 of 10
a. All haul trucks transporting soil, sand, or other loose material to and from the site shall be
covered.
b. All vehicle speeds on unpaved roads shall be limited to 15 mph.
c. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are
used.
d. Idling times shall be minimized either by shutting equipment off when not in use or reducing the
maximum idling time to 5 minutes (as required by the California airborne toxics control measure
Title 13, Section 2485 of California Code of Regulations [CCR]).
e. All construction equipment shall be maintained and properly tuned in accordance with
manufacturer’s specifications.
f. A publicly visible sign shall be posted with the telephone number and contact information for the
designated on-site construction manager available to receive and respond to dust complaints. This
person shall report all complaints to Contra Costa County and take immediate corrective action as
soon as practical but not more than 48 hours after the complaint is received. The BAAQMD’s
phone number shall also be visible to ensure compliance with applicable regulations.
Implementing Action: Implement all construction related measures.
Implementing Condition: TBD
Method of Verification: Review of construction drawings to ensure construction related
mitigations have been added and that contractors have been
informed of requirements.
Timing of Verification: Prior to CDD approval of construction documents and
throughout construction-related activity.
Party Responsible for Verification: Project proponent, contractors and CDD staff.
Compliance Verification:
Potentially Significant Impact: Exhaust emissions and particulate produced by construction activities
related to the project may cause exposure of the public or sensitive receptors to significant amounts of
pollutants or objectionable odors.
Mitigation Measures(s):
AIR-2: Non-emergency maintenance, construction, and other activities on the site related to this project
are restricted to the hours of 7:30 A.M. to 5:00 P.M., Monday through Friday, and shall be prohibited on
State and Federal holidays on the calendar dates that these holidays are observed by the State or Federal
government as listed below:
New Year’s Day (State and Federal)
Birthday of Martin Luther King, Jr. (State and Federal)
Washington’s Birthday (Federal)
Lincoln’s Birthday (State)
President’s Day (State and Federal)
Cesar Chavez Day (State)
Memorial Day (State and Federal)
Independence Day (State and Federal)
Abbreviations: Mitigation Monitoring and Reporting Program
Condition of Approval (COA) SD18-9495 and RZ18-3244
Community Development Division (CDD) Page 5 of 10
Labor Day (State and Federal)
Columbus Day (State and Federal)
Veterans Day (State and Federal)
Thanksgiving Day (State and Federal)
Day after Thanksgiving (State)
Christmas Day (State and Federal)
For specific details on the actual day the state and federal holidays occur, please visit the following
websites:
Federal Holidays:
http://www.opm.gov/Operating_Status_Schedules/fedhol/2019.asp
California Holidays:
http://www.ftb.ca.gov/aboutFTB/holidays.shtml
Implementing Action: Implement all construction related measures.
Implementing Condition: TBD
Method of Verification: Review of construction drawings to ensure construction related
mitigations have been added and that contractors have been
informed of requirements.
Timing of Verification: Prior to CDD approval of construction documents and
throughout construction-related activity.
Party Responsible for Verification: Project proponent, contractors and CDD staff.
Compliance Verification:
SECTION 3: BIOLOGICAL RESOURCES
Potentially Significant Impact: The development project could have a potentially significant adverse
impacts on protected bird species.
Mitigation Measure(s):
BIO-1: In order to avoid impacts to special-status bats, a biologist shall survey all trees affected by the
development (not just ones slated for removal) at least 15 days prior to commencing with any tree
removal or earthwork that might disturb roosting bats in nearby trees. All bat surveys shall be conducted
by a biologist with known experience surveying for bats. If no special-status bats are found during the
surveys, then there would be no further regard for special-status bat species.
If special-status bat species are found on the project site, a determination will be made if there are young
bats present. If young are found roosting in any tree, impacts to the tree shall be avoided until the young
have reached independence. A non-disturbance buffer fenced with orange construction fencing shall also
be established around the roost or maternity site. The size of the buffer zone shall be determined by a
qualified bat biologist at the time of the surveys. If adults are found roosting in a tree on the project site
Abbreviations: Mitigation Monitoring and Reporting Program
Condition of Approval (COA) SD18-9495 and RZ18-3244
Community Development Division (CDD) Page 6 of 10
but no maternal sites are found, then the adult bats can be flushed or a one-way eviction door can be
placed over the tree cavity prior to the time the tree in question would be removed or disturbed. No other
mitigation compensation would be required.
Implementing Action: Conduct bat survey as required.
Implementing Condition: TBD
Method of Verification: Review bat survey findings.
Timing of Verification: At least 15 days prior to the start of construction.
Party Responsible for Verification: Project proponent, project biologist, and CDD staff.
Compliance Verification:
BIO-2: A nesting bird survey shall be conducted 15 days prior to commencing construction/grading or
tree removal activities, if this work would commence between March 1 and September 15. If common
passerine birds (that is, perching birds such as Anna’s hummingbird and mourning dove) are identified
nesting on the project site, grading or tree removal activities in the vicinity of the nest shall be postponed
until it is determined by a qualified ornithologist that the young have fledged and have attained sufficient
flight skills to leave the area. The size of the nest protective buffer required to ensure that the project does
not result in take of nesting birds, their eggs or young shall be determined by a qualified ornithologist.
Typically, most passerine birds can be expected to complete nesting by June 15th, with young attaining
sufficient flight skills by early July.
Implementing Action: Conduct nesting bird survey as required.
Implementing Condition: TBD
Method of Verification: Review of bird survey.
Timing of Verification: At least 15 days prior to the start of construction.
Party Responsible for Verification: Project proponent, project biologist and CDD staff.
Compliance Verification:
SECTION 4: CULTURAL RESOURCES
Potentially Significant Impact: The proposed development will cause ground disturbance which may
impact heretofore undocumented cultural resources.
Mitigation Measure(s):
CUL-1: The following Mitigation Measures shall be implemented during project demolition/construction
activities.
Abbreviations: Mitigation Monitoring and Reporting Program
Condition of Approval (COA) SD18-9495 and RZ18-3244
Community Development Division (CDD) Page 7 of 10
1. A program of on-site education to instruct all demolition/construction personnel in the
identification of prehistoric and historic deposits shall be conducted prior to the start of any
grading or construction activities.
2. If archaeological materials are uncovered during grading, trenching, or other onsite excavation,
all work within 30 yards of these materials shall be stopped until a professional archaeologist who
is certified by the Society for California Archaeology (SCA), and/or Society of Professional
Archaeology (SOPA), and the Wilton Rancheria Tribe, have had an opportunity to evaluate the
significance of the find and suggest appropriate mitigation(s) if deemed necessary.
Implementing Action: Perform pre-demolition/construction training.
Method of Verification: Review of training program and sign-in sheet.
Timing of Verification: Review of training program 30 days prior to construction and
adherence to the mitigation measures throughout all construction
activities.
Party Responsible for Verification: Project proponent, all contractor personnel and CDD staff.
Compliance Verification:
CUL-1: Should human remains be uncovered during grading, trenching, or other on-site excavation(s),
earthwork within 30 yards of these materials shall be stopped until the County coroner has had an
opportunity to evaluate the significance of the human remains and determine the proper treatment and
disposition of the remains. Pursuant to California Health and Safety Code Section 7050.5, if the coroner
determines the remains may be those of a Native American, the coroner is responsible for contacting the
Native American Heritage Commission (NAHC) by telephone within 24 hours. Pursuant to California
Public Resources Code Section 5097.98, the NAHC will then determine a Most Likely Descendant
(MLD) tribe and contact them. The MLD tribe has 48 hours from the time they are given access to the site
make recommendations to the land owner for treatment and disposition of the ancestor’s remains. The
land owner shall follow the requirements of Public Resources Code Section 5097.98 for the remains.
Implementing Action: Stop work and contact County coroner if human remains are
discovered.
Method of Verification: Review of written report detailing the disposition of remains per
code requirements and MLD recommendations if applicable.
Timing of Verification: Throughout all phases of the project.
Party Responsible for Verification: Project proponent, all contractor personnel and CDD staff.
Compliance Verification:
SECTION 4: GEOLOGY AND SOILS
Potentially Significant Impact: In order to ensure longevity of subdivision related improvements, soils
on the site need to be completely evaluated and corresponding recommendations incorporated into
project designs.
Abbreviations: Mitigation Monitoring and Reporting Program
Condition of Approval (COA) SD18-9495 and RZ18-3244
Community Development Division (CDD) Page 8 of 10
Mitigation Measure(s):
GEO-1: The applicant shall comply with all specific standards and criteria for use in design and
construction of the project (site grading, drainage and foundation design, etc.) as identified in the
February 15, 2017, BSA Design Level Geotechnical Investigation.
Implementing Action: Incorporation of all specific standards and criteria into project
design.
Implementing Condition: TBD
Method of Verification: Review of construction plans.
Timing of Verification: At least 30 days prior to applying for building/grading permits.
Party Responsible for Verification: Applicant and CDD staff.
Compliance Verification:
GEO-2: Prior to issuance of construction permits or installation of improvements, the project proponent
shall submit a geotechnical update report that references proposed grading, drainage and foundation plans
and provides specific criteria and standards for site grading, drainage and foundation design based on
adequate subsurface data. The scope of the update geotechnical investigation should address the
following potential hazards: (i) expansive soils, (ii) corrosive soils, (iii) design of bio-retention facilities
and their effect on planned improvements, and (iv) provide California Building Code seismic parameters
that are based on the adopted CBC at the time that residential building permits are requested. It is
anticipated that the geotechnical engineer’s scope of work will demonstrate (v) that the expansivity and
corrosivity of soils have been taken into account in grading and foundation design; (vi) that R-value
testing has been utilized for design of pavements, and (vii) include measures to protect pad areas from
excessive moisture/ponding/surface runoff.
Implementing Action: Submittal of updated geotechnical report.
Implementing Condition: TBD
Method of Verification: Review of updated report.
Timing of Verification: At least 30 days prior to applying for construction/grading
permits.
Party Responsible for Verification: Applicant and CDD staff.
Compliance Verification:
GEO-3: Concurrently with recordation of the Final Map, record a statement to run with deeds to the
property acknowledging the BSA report by title, author (firm), and date, calling attention to conclusions,
including the requirements for a design-level geotechnical investigation and noting that the report is
available to prospective buyers from seller of the parcel.
Implementing Action: Recordation of deed concurrently with the Final Map.
Implementing Condition: TBD
Method of Verification: Review of deed language prior to recordation.
Abbreviations: Mitigation Monitoring and Reporting Program
Condition of Approval (COA) SD18-9495 and RZ18-3244
Community Development Division (CDD) Page 9 of 10
Timing of Verification: Prior to recordation of the Final Map.
Party Responsible for Verification: Applicant and CDD staff.
Compliance Verification:
GEO-4: The update geotechnical report shall be subject to review by the County’s peer review geologist,
and review/approval of the DCD staff. Improvement, grading and building plans shall carry out the
recommendations of the approved report.
Implementing Action: Submittal of updated geotechnical report.
Implementing Condition: TBD
Method of Verification: County geologist to review report.
Timing of Verification: At least 30 days prior to applying for building permits.
Party Responsible for Verification: Applicant, County geologist and CDD staff.
Compliance Verification:
GEO-5: The geotechnical report required by GEO-2 routinely includes recommended geotechnical
observation and testing services during construction. These services are essential to the success of the
project. They allow the geotechnical engineer to (i) ensure geotechnical recommendations for the project
are properly interpreted and implemented by contractors, (ii) allow the geotechnical engineer to view
exposed conditions during construction to ensure that field conditions match those that were the basis of
the design recommendations in the approved report, and (iii) provide the opportunity for field
modifications of geotechnical recommendations (with BID approval), based on exposed conditions. The
monitoring shall commence during clearing, and extend through grading, placement of engineered fill,
installation of recommended drainage facilities, and foundation related work. A hard hold shall be placed
on the “final” grading inspection, pending submittal of a report from the project geotechnical engineer
that documents their observation and testing services during grading and drainage related improvements.
Similarly, a hard hold shall be placed on the final building inspection for each residence, pending
submittal of a letter-report from the geotechnical engineer documenting the monitoring services
associated with implementation of foundation-related geotechnical recommendations. The geotechnical
monitoring shall include pier hole drilling/foundation preparation work/installation of drainage
improvements (e.g., collection of roof gutter in a closed conduit and conveying it to a suitable discharge
point; and possibly installation of a sub-drain system around the perimeter of the foundation to control
moisture beneath the foundation).
Implementing Action: Submittal of letter-report.
Implementing Condition: TBD
Method of Verification: Review of letter-report.
Timing of Verification: Prior to issuance of a “final” building inspection.
Party Responsible for Verification: Applicant, County geologist and CDD staff.
Compliance Verification:
Abbreviations: Mitigation Monitoring and Reporting Program
Condition of Approval (COA) SD18-9495 and RZ18-3244
Community Development Division (CDD) Page 10 of 10
GEO-6: All grading, excavation and filling shall be conducted during the dry season (April 15 through
October 15) only, and all areas of exposed soils shall be revegetated to minimize erosion and subsequent
sedimentation. After October 15, only erosion control work shall be allowed by the grading permit. Any
modification to the above schedule shall be subject to review by the County Grading Inspector, and the
review/approval of the CDD staff.
Implementing Action: Perform grading related activities during “dry season”.
Implementing Condition: TBD
Method of Verification: Review of grading permit application.
Timing of Verification: During all phases of the project.
Party Responsible for Verification: Applicant, Grading Inspection staff, CDD staff.
Compliance Verification:
VICINITY MAPNOT TO SCALENO.BYDATEREVISIONSJVSTAFFJVDESIGN:DRAWN:CHECKED:16119PROJECT #:817 Arnold Drive, Ste 50Martinez, CA 94553Ph: (925) 476-8499 www.apexce.netBASIS OF BEARINGSBENCHMARKLAUREL RANCH IV - SUB # 9495 - VESTING TENTATIVE MAP - 02-04-2019 OWNERBERLOGAR, STEVENS & ASSOCIATES5587 SUNOL BOULEVARDPLEASANTON, CA 94566(650)484-0220SOILS ENGINEERCIVIL ENGINEERAPEX CIVIL ENGINEERING & LAND SURVEYING817 ARNOLD DRIVE, SUITE 50MARTINEZ, CA 94553(925) 476-8499THOMAS BAAK & ASSOCIATES1620 NORTH MAIN STREET, SUITE 4WALNUT CREEK, CA 94596(925)933-2583LANDSCAPE ARCHITECT:DESCRIPTION23SHEET No.1TITLE SHEETSHEET INDEX4TOPOGRAPHIC SURVEY & DEMOLITION PLAN SECTIONS & DETAILSPRELIMINARY C.3 STORM WATER CONTROL PLAN5PRELIMINARY GRADING, DRAINAGE & UTILITY PLANPAMELA HARREL5199 LAUREL DRIVECONCORD, CA 94521(925)586-8040FACILITIESNOTES:GENERALABBREVIATIONSLEGENDLAUREL DRIVEEMMITT COURT LOT 3LOT 1LOT 8LOT 2LOT 7LOT 6LOT 4LOT 5(PRIVATE)DEVELOPERLENOX HOMES, LLC3675 MT. DIABLO BLVD., SUITE 350LAFAYETTE, CA 94549(925)283-8470
NO.BYDATEREVISIONSJVSTAFFJVDESIGN:DRAWN:CHECKED:16119PROJECT #:817 Arnold Drive, Ste 50Martinez, CA 94553Ph: (925) 476-8499 www.apexce.netHARRELGENERAL DEMOLITION NOTES:DEMOLITION KEY LEGEND L E G E N D LAUREL DRIVEDROP INLET PROTECTIONNOT TO SCALE
NO.BYDATEREVISIONSJVSTAFFJVDESIGN:DRAWN:CHECKED:16119PROJECT #:817 Arnold Drive, Ste 50Martinez, CA 94553Ph: (925) 476-8499 www.apexce.netTYPICAL CONCRETE DITCHNOT TO SCALESECTION A-ANOT TO SCALESECTION B-BNOT TO SCALELOTS1 & 3SECTION C-CNOT TO SCALELOTS2 - 4SECTION D-DNOT TO SCALELOT4SECTION E-ENOT TO SCALELOT5SECTION F-FNOT TO SCALEEXISTING LAUREL DRIVEEXISTING LAUREL DRIVELOTS5 - 8SECTION G-GNOT TO SCALELOT5EMMITTCOURTBIO-RETENTION AREADETAILNOT TO SCALETYPICAL 33.5' STREET SECTION (PARKING 1-SIDE)EMMITT COURT (PRIVATE)SECTION H-HNOT TO SCALER/WR/WLOTS1 - 4LOTS6 - 8STA. LINE
NO.BYDATEREVISIONSJVSTAFFJVDESIGN:DRAWN:CHECKED:16119PROJECT #:817 Arnold Drive, Ste 50Martinez, CA 94553Ph: (925) 476-8499 www.apexce.netLAUREL DRIVELOT 4LOT 3LOT 2LOT 1LOT 5LOT 6LOT 7LOT 8KEY LEGENDCB-4CB-5C.3BIO-RETENTIONAREASTRUCTURE #GRATE/RIMELEVATIONFLOW LINEELEVATIONG 290.8318" FL 284.42 INCB-124" FL 284.42 OUT12" FL 285.70 OUTCB-218" FL 284.63 THRU12" FL 286.50 OUTCB-318" FL 285.05 THRUSD/SS SUMMARYRIM 293.02±8" FL 282.16 INSSMH-1EX. 8" FL 281.91± THRUSSMH-2SSMH-1SSMH-2RIM 290.088" FL 284.64 OUT288.134" FL 285.72 INCB-418" FL 285.11 OUTBGL=283.05TGL=285.8TSL=287.3TC 289.7815" FL 285.72 OUTCB-5CB-3CB-2CB-1GRADING QUANTITIESCUTFILL 4,422 CU. YDS.TOTAL DISTURBED AREA:3.76 ACRES (163,895 SF) BALANCED SITE4,422 CU. YDS.SECTIONS NOTE:REFER TO SHEET 3FOR ALL SECTIONSAND DETAILS6" SO 290.00G 290.626" SO 289.79G 290.206" SO 289.37EMMITT COURT(PRIVATE)
NO.BYDATEREVISIONSJVSTAFFJVDESIGN:DRAWN:CHECKED:16119PROJECT #:817 Arnold Drive, Ste 50Martinez, CA 94553Ph: (925) 476-8499 www.apexce.netPROJECT NAME/NUMBERPROJECT LOCATIONNAME OF DEVELOPERPROJECT WATERSHED"LAUREL PLACE IV" - SUB # 9495LENOX HOMES, LLC MOUNT DIABLO CREEK WATERSHED3.74 ACRES (162,775 SF) PROJECT TYPE ANDDESCRIPTIONTOTAL PROJECT SITEAREA (ACRES)TOTAL NEW IMPERVIOUSSURFACE AREA (SQ. FT.)TOTAL REPLACED IMPERVIOUSSURFACE AREATOTAL PRE-PROJECTIMPERVIOUS SURFACE AREATOTAL POST-PROJECTIMPERVIOUS SURFACE AREA5175 LAUREL DRIVECONCORD, CAPROJECT DATA FORM8 LOTS (SINGLE FAMILY RESIDENTIAL)58,917 SF4,953 SF13,473 SF63,870 SFRUNOFF REDUCTIONMEASURES SELECTED1. DISPERSE RUNOFF TOVEGETATED AREA2. PERVIOUS PAVEMENT(PAVERS)3. CISTERNS OR RAIN BARRELS4. BIO-RETENTION FACILITYOR FLOW-THROUGH PLANTERROOFS: 32,828 SFCONCRETE/ASPHALT: 31,042 SFAREA BREAKDOWN TOTAL AREA: 63,870 SFIMPERVIOUSPERVIOUSBMP TRIBUTARY BOUNDARY:C.3 COMPLIANCEABBREVIATIONSLAUREL DRIVEDRAINAGE MANAGEMENT AREAS (DMA):LANDSCAPE AREANEW IMPERVIOUS AREA(ROOFTOP)C.3 STORM WATER CONTROL LEGENDBIO-RETENTION AREAASPHALT OVERLAYNOT REQUIRED TO TREAT(IN-LIEU TREATMENT AREA)NEW IMPERVIOUS AREA(PAVEMENT/CONCRETE)UNTREATED AREA(CANNOT BE TREATED)SUBSTITUTEIMPERVIOUS AREA(IN-LIEU TREATMENT AREA)SELF-RETAINING/SELF-TREATINGLANDSCAPE AREA3.76 ACRES (163,895 SF) TOTAL AREA OF LANDDISTURBED (ACRES)50% RULEPROJECT DENSITYHMP COMPLIANCEAPPLICABLE SPECIAL PROJECTCATEGORIESPERCENT LID AND NON LIDTREATMENTN/A2.55 UNITS/ACN/A100% LIDYESPROJECT C.3 SUMMARYTHE PROJECT IS DESIGNED TO TREAT THE REAR HALF OF ALLROOFS IN SELF-RETAINING REAR YARDS.THE FRONT HALF OF ALL ROOFS, DRIVEWAYS, SIDEWALK,FRONT YARD LANDSCAPE AREAS, EMMITT COURT AND APORTION OF LAUREL DRIVE WILL BE TREATED IN THEBIO-RETENTION AREA (BR-1).A PORTION OF LAUREL DRIVE IS UNTREATED. IN-LIEW OFTREATING THIS AREA, SUBSTITUTE PORTIONS OF LAURELDRIVE, LABELED SIA (SUBSTITUTE IMPERVIOUS AREA) ANDSAO (SUBSTITUTE ASPHALT OVERLAY NOT REQUIRINGTREATMENT) TOGETHER EXCEED THE SIZE OF THEUNTREATED AREA AND ARE PROPOSED TO BE TREATED ANDARE ACCOUNTED FOR IN THE SIZING OF BR-1.A SELF-TREATING AREA FRONTING ON LAUREL DRIVEADJACENT TO LOT 1 IS PROPOSED.THE PROJECT PROPOSES MORE THAN 1 ACRE OF NEWIMPERVIOUS SURFACES AND THEREFORE THEBIO-RETENTION AREA IS SIZED FOR TREATMENT ANDHYDROMODIFICATION (HM) .SR/STLR-1SR-2R-2SR-3R-3SR-4R-4R-9R-9R-9R-9L-9C-9L-9C-9C-9C-9L-9L-9L-9L-9L-9L-9SR-8R-8SR-7R-7SR-6R-6SR-5R-5R-9R-9R-9R-9L-9C-9L-9C-9C-9C-9L-9L-9L-9L-9L-9L-9P-9P-9P-9L-9ST-10UTUTP-9BR-1AOSAOAOSIASR-1P / CUTSAOBR-1RSIAEMMITT COURT(PRIVATE)LANDSCAPING: 95,134 SFBIO-RETENTION AREA: 3,771 SF TOTAL AREA: 98,905 SF
Board of Supervisors
October 22, 2019
Laurel Place IV
Re -Zone and Subdivision
Application.
County File #RZ18-3244 and
SD18-9495.
1
General Plan: SL
2
Zoning: R-40
3
Aerial Map
4
Vesting Tentative Map
5
Re -Zoning Map
6
NEIGHBOR’S CONCERNS
•Too Dense
•Tree Removal
•Aesthetics
7
Staff Summary
8
•Mitigation measures
have been identified for
potential environmental
impacts
•No evidence to warrant
new conditions or
mitigations
•Conforming R-15 Lots
•Consistent with other
nearby developments
Questions
9
End
10
RECOMMENDATION(S):
DETERMINE that a sales tax should be pursued over a parcel tax for the entire County
(unincorporated and cities),
1.
DIRECT that an expenditure plan be developed prior to the ballot measure being listed,2.
ACKNOWLEDGE that a general tax is not bound to be spent on specific services,3.
CREATE an ad hoc committee of Supervisors Mitchoff and Gioia to work on development of the
expenditure plan,
4.
DIRECT the ad hoc committee to create a workgroup composed of labor, community based
organizations, Budget Justice Coalition, East Bay Leadership Council, and County Administrator staff.
5.
DIRECT that meetings shall be open meetings governed by the Brown Act,6.
DIRECT staff to work with the California Department of Tax and Fee Administration (CDTFA) on
logistics of listing a ballot measure and set up and collection contracts, if approved,
7.
DIRECT staff to begin discussions with County lobbyist regarding special legislation needed to list
measure on the ballot, but shall not begin drafting language or engaging legislators, and
8.
ACKNOWLEDGE that the Governor would need to sign special legislation by May/June timeframe
for the ballot measure to be feasible.
9.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
Contact: Timothy Ewell, Chief Assistant County
Administrator (925) 335-1036
I hereby certify that this is a true and correct copy of an action taken and entered on
the minutes of the Board of Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of
Supervisors
By: , Deputy
cc: All County Departments (via CAO)
D.6
To:Board of Supervisors
From:FINANCE COMMITTEE
Date:October 22, 2019
Contra
Costa
County
Subject:Countywide Sales Tax Referral
RECOMMENDATION(S): (CONT'D)
FISCAL IMPACT:
This is an administrative report and has no specific fiscal impact. The attached Finance Committee
report provides current projections for annual revenues for a countywide transaction and use tax. A 1/2
Cent tax would generate approximately $93 million.
BACKGROUND:
On May 21, 2019, while considering whether to accept a report on the Contra Costa Transportation
Authority's (CCTA) development of a Transportation Expenditure Plan and potential sales tax ballot
measure, the Board of Supervisors referred to the Finance Committee the concept of a countywide sales
tax (non-transportation) measure.
On July 5, 2019, the Finance Committee met and discussed the feasibility of a sales tax measure. County
Counsel provided two attachments to supplement the discussion. The first attachment is a document
outlining the procedural steps necessary to bring a general or special sales tax measure to the voters for
approval. The second attachment discusses the limitations on the use of public resources in relation to
ballot measure campaigns for a tax. Both documents are also attached to this agenda item for reference
as attachments A and B, respectively.
At the July 2019 Finance Committee meeting, staff was asked to provide several follow up information
items to the Committee at it's next regular meeting, including: 1) information regarding the composition
of parcels throughout the County, 2) County Counsel was asked to assemble information related to
parcel taxes similar to what has been provided to the Committee for a sales tax (essentially a "Guide"),
and 3) provide updated information as to what a 0.5% and 0.25% sales tax would generate if passed.
The attached report was presented to the Finance Committee on October 7, 2019. After deliberation, the
Finance Committee directed staff to present these materials to the full-Board of Supervisors along with
the included recommendations.
CONSEQUENCE OF NEGATIVE ACTION:
There will be insufficient time for development of proposed legislation and other time sensitive actions
prior to the November 2020 election.
CLERK'S ADDENDUM
Speakers: Gabrial Hanlana, SEIU 1021; Sharri Dancy, SEIU; Yen Do, SEIU 1021, Vickey
Dominguez, SEIU 1021; Seur Stanbann, Local 21; Marianna Moore, Ensuring Opportunity
Campaign; Sean Casey, First 5 Contra Costa; Yen Do, SEIU 1021.
ATTACHMENTS
Report to Finance Committee of Proposed Sales Tax Measures (10/7/19)
Attachment A - Sales Tax Measures-General, Special, Voter-Initiated, Etc.
Attachment B - Use of Public Resrouces in Relation to Tax Measure Campaigns
Attachment C - Detailed District Taxes, Rates and Effective Dates
Attachment D - Summary Parcel Count (Uninforporated & City), by Use Code
Attachment E - County Counsel Memorandum - Uniformity in Parcel Tax Measures, October 1,
2019
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A
Attachment B
Attachment B
Attachment B
Attachment C
Attachment C
Attachment C
Attachment C
Attachment C
Attachment C
Attachment C
Attachment C
Attachment C
Attachment C
Attachment D
Attachment D
Attachment E
Attachment E
Attachment E
RECOMMENDATION(S):
ADOPT Resolution No. 2019/587 approving a Side Letter between Contra Costa County and the
Physicians' and Dentists' Organization of Contra Costa (PDOCC) extending the previous Memorandum of
Understanding (MOU) through October 31, 2019; approving a new MOU implementing negotiated wage
agreements, and other economic terms and conditions of employment, for the period of November 1, 2019
through October 31, 2022; approving a Settlement Agreement concerning PDOCC's Unfair Practice Charge
regarding patient roster sizes for ambulatory care clinics; and directing the Chief Medical Officer to
provide to the Human Resources Director the list of PDOCC positions and incumbents for placement in the
new classifications and steps, pursuant to the MOU agreement, to be effective November 1, 2019.
FISCAL IMPACT:
The terms and conditions set forth in this action have an estimated FY 2019/20 cost of $4.8 million (eight
month cost of $4.0 million plus one-time cost of $800,000); and an on-going annual cost of approximately
$6.5 million. The costs will be expended in the Hospital Enterprise Fund.
BACKGROUND:
PDOCC reached a Tentative Agreement with the County on October 1, 2019. Upon ratification and Board
of Supervisors approval, the resulting Memorandum of Understanding will include modifications to wages
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Lisa Driscoll, County Finance
Director (925) 335-1023
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Robert Campbell, Auditor-Controller, Dianne Dinsmore, Human Resources Director, Anna Roth, Director of Health Services
D.7
To:Board of Supervisors
From:David Twa, County Administrator
Date:October 22, 2019
Contra
Costa
County
Subject:Physicians' and Dentists' Organization of Contra Costa Contract Extension, New MOU, and Settlement Agreement
BACKGROUND: (CONT'D)
>
and benefits. The negotiations included an extension of the previous contract from October 31, 2018 to
October 31, 2019 to bridge the extended negotiation period. Also during negotiations, a Settlement
Agreement was reached concerning PDOCC's Unfair Practice Charge regarding patient roster sizes for
ambulatory care clinics. The extension Side Letter, new Memorandum of Understanding, and Settlement
Agreement are attached. A summary of the MOU changes are provided below.
Scope of Agreement (Section 33)
The term of the agreement is November 1, 2019 through October 31, 2022.
Preamble/Definitions
Updates Preamble
Adds definition for Hospitalist Medicine, Medical Staff Member, and Physician.
Revises definition for Department Head.
Deletes definition of Registrar and Temporary.
Organization Security (Section 2)
Revises language to reflect legal (Janus and SB 866) changes
Updates language in Section 2.8 for release time requests to be provided in writing to
the Employee Relations Officer or designee; delete “in writing to the Department…”
Updates current list in Section 2.9 to change “Medical and Surgical Registrars” to
“Hospitalist.”
Adds a section to continue to use contract physicians in the Contra Costa Detention
Facilities.
Salaries (Section 5)
General Wage Increases (5.1.A)
Effective November 1, 2019, new classifications will be established with salary
ranges and additional pay items as shown in Exhibit A.
Effective November 1, 2019, employees will be reclassified as reflected in
Exhibit A; Providers in Steps 1-4 will be placed at Step 1. Providers in Steps 5
and above will be placed at Step 2.
Effective November 1, 2020, the base rate of pay for all classifications
represented by PDOCC, except for Primary Care Provider-Exempt, Primary
Care Provider - Limited-Exempt, and Ambulatory Care Provider-Exempt will
be increased by two percent (2%).
Effective November 1, 2021, the base rate of pay for all classifications
represented by PDOCC, except for Primary Care Provider-Exempt, Primary
Care Provider - Limited-Exempt, and Ambulatory Care Provider-Exempt will
be increased by two percent (2%).
Longevity Pay (Section 5.1.B):
Longevity Pay will be a flat dollar amount per month:
Upon completion of 120 months - $500.00 per month
Upon completion of 180 months - $1,000.00 per month
Upon completion of 240 months - $1,500.00 per month
Revises Section 5.2 – Appointment and Section 5.8 – Part-Time Compensation to
reflect impact of new classification step ranges.
Retitles Section 5.4 - Merit Adjustment to Step Advancement.
Updates Section 5.14 – Stipends to revise differentials and specialized call
obligation pays.
5.14.A: Med Staff President: $825/month
5.14.B: Department heads (max available is 14): $600/month
5.14.D: Chairperson of Med Staff Committees (max available is 22):
$600/month
5.14.E: Division Heads (max available is 10): $300/month
Deletes outdated provisions of Section 5.16 - Electronic Health Records Incentive
Program.
Deletes sections made obsolete by classification restructure: Reappointment
(Section 5.3); Frequency (5.5); Effective Date (5.6); Reclassification of Position
(5.10); Salary on Change of Assignment (5.11); Reassignment (5.13); Salary
Structure Modifications (5.15).
Days and Hours of Work (Section 6)
Revises and combines Section 6.2 - Employee Physicians on Weekly Schedules and
Section 6.3 - Employee Physicians on Monthly Schedules into one section.
Revises additional duty pay, call back pay, and night shift pay as shown on Exhibit
B.
Revises differentials and specialized call obligation pay.
Creates new Section 6.7 - Operational Adjustments regarding clinic roster sizes and
incentives. Beginning January 1, 2020, the following incentives will be established
for primary care and pediatrician ambulatory care providers working in the clinics:
Access Incentive Bonus – $1,500 per quarter for providers who meet specified
clinic goals.
a.
Patient Experience Incentive Bonus – $500 per year when a provider receives
the targeted Top Box score rating in the CG-CAHPS Adult Survey Provider
Rating Question.
b.
Quality Incentive Bonus – $500 per year to providers that meet or exceed the
national Medicaid 90th percentile for all the primary care-based quality
measures in CCHS’ QIP or other named Medi-Cal waiver program.
c.
Revises Direct Patient Care and Administrative Time sections to include detailed
clinical time and administrative time allocations for each new classification.
Deletes sections made obsolete by classification restructure: Evening and Weekend
Assignments (6.7), Physician Call (6.8), Emergency Room Pay (6.9), Panel
Management Compensation (6.10).
Vacation Leave (Section 8)
Replaces “Exempt Medical Staff Physician” with “Unit Members” in Section 8.4.
Sick Leave (Section 9)
Updates Section 9.3.d(1) – changed “conditions” to “limitations.”
Updates language in Section 9.4.a(1).
Updates Section 9.4.b(3) - deleted “of explanation” and added “and duration”.
Updates Section 9.6 – Workers’ Compensation to reflect the current percentage
(75%) of Workers’ Compensation pay to employees for accepted claims.
Deletes Section 9.6.E – Rehabilitation Integration.
Upon notification from PDOCC of the bargaining unit decision to participate in the
California State Disability Insurance (SDI) program, the County will work with
PDOCC to facilitate participation.
Leave of Absence (Section 10)
Replaces “Physicians and Dentists” with “Unit Members” in Section 10.13 –
Unpaid Sabbatical Leave and deletes last sentence in this section.
Jury Duty and Witness Duty (Section 11)
Deletes first sentence of paragraph three in Section 18.2 – Witness Duty.
Health, Life, & Dental Care (Section 12)
Beginning January 1, 2020, the County will provide a premium subsidy of up to
75% of the second lowest priced non-deductible HMO plan (currently Kaiser A) for
Employee and Employee +1, and 76.5% for Employee +2 or more.
Beginning January 1, 2021, the County will provide a premium subsidy of up to
78.5% of the second lowest priced non-deductible HMO plan for all tiers.
Beginning January 1, 2022, the County will provide a premium subsidy of up to
80% of the second lowest priced non-deductible HMO plan for all tiers.
The County will make an annual contribution into an HSA for active employees
who are enrolled in the Kaiser Permanente High Deductible Health Plan and who
have an HSA.
Grievance Procedure (Section 15)
Removes references to “Human Resources Director” and replaces with “Employee
Relations Officer or his/her designee.”
Clarifies the time limit for discipline appeals is governed by Section 14.6
–Procedure on Dismissal, Suspension, Disciplinary Demotion, or Reduction in Pay.
Replaces Step 4 - Board of Adjustment with Mediation in Section 15.1.
Updates Section 15.2 – Scope of Adjustment Board and Arbitration Decisions to
remove references to Adjustment Board.
Retirement (Section 16)
Deletes obsolete language.
Education Reimbursement (Section 17)
Updates the amount for education reimbursement.
Adds a new paragraph to include eligibility for payment of Resident I, II, and III
California medical license fees.
Paid Personal Leave/Education Leave/Other Leave (Section 18)
Updates section title and converts eligibility from days to hours for each type of
leave.
Mileage (Section 19)
Adds reference to Administrative Bulletin on Expense Reimbursement .
Adds new section 19.2 – Commuter Benefit Program.
Pay Warrant Errors (Section 20)
Allows for a repayment period of up to 3 times the length of time the overpayment
occurred.
Service Awards (Section 21)
Updates the language by adding reference to Administrative Bulletin on Service
Recognitions and Awards and deletes old language.
Unfair Labor Practice (Section 22)
Deletes entire section.
Length of Service Definition (Section 23)
Deletes the word “provisional”.
Permanent-Intermittent Employee Health Plan (Section 27)
Deletes entire section.
Reduction in Force (Section 29)
Revises existing language to address the new classification structure.
Special Studies/Other Actions (Section 32)
Deletes entire section.
Clean-Up
Updates exhibits, incorporates side letters, and renumbers the MOU as necessary
CONSEQUENCE OF NEGATIVE ACTION:
The County will continue to be out of contract with the Physicians' and Dentists' Organization of Contra
Costa, and the California Public Employment Relations Board case would not be resolved.
AGENDA ATTACHMENTS
Resolution 2019/587
Side Letter - PDOCC/Contract Extension
PDOCC MOU 11-1-19 through 10-31-22
PDOCC/County Settlement Agreement
MINUTES ATTACHMENTS
Signed Resolution No. 2019/587
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 10/22/2019 by the following vote:
AYE:4
John Gioia
Candace Andersen
Diane Burgis
Karen Mitchoff
NO:
ABSENT:1 Federal D. Glover
ABSTAIN:
RECUSE:
Resolution No. 2019/587
In The Matter Of: Approving a Side Letter between Contra Costa County and the Physicians' and Dentists' Organization of
Contra Costa extending the previous Memorandum of Understanding through October 31, 2019; approving a new Memorandum
of Understanding implementing negotiated wage agreements, and other economic terms and conditions of employment, for the
period of November 1, 2019 through October 31, 2022; approving a Settlement Agreement concerning Physicians' and Dentists'
Organization of Contra Costa's Unfair Practice Charge regarding patient roster sizes for ambulatory care clinics; and directing the
Chief Medical Director to provide to the Human Resources Director the list of PDOCC positions and incumbents for placement
in the new classifications and steps, pursuant to the MOU agreement, to be effective November 1, 2019.
The Contra Costa County Board of Supervisors acting in its capacity as the Governing Board of the County of Contra Costa,
RESOLVES that:
The Side Letter between Contra Costa County and the Physicians' and Dentists' Organization of Contra Costa modifying
the Preamble and Section 35.4 Duration of Agreement of the Memorandum of Understanding (MOU) to extending the
contract from October 1, 2018 to October 31, 2019, is ADOPTED. A copy of the Side Letter is attached;
1.
The Memorandum of Understanding between Contra Costa County and the Physicians' and Dentists' Organization of
Contra Costa providing for wages, benefits and other terms and conditions of employment for the period beginning
November 1, 2019 through October 31, 2022, for those classifications represented by the Physicians' and Dentists'
Organization of Contra Costa is ADOPTED. A copy of the MOU is attached;
2.
The Settlement Agreement concerning PDOCC's Unfair Practice Charge regarding patient roster sizes for ambulatory care
clinics is ADOPTED. A copy of the Settlement Agreement is attached; and
3.
The Chief Medical Director is DIRECTED to provide to the Human Resources Director the list of PDOCC positions and
incumbents for placement in the new classifications and steps, pursuant to the MOU agreement, to be effective November
1, 2019.
4.
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: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Robert Campbell, Auditor-Controller, Dianne Dinsmore, Human Resources Director, Anna Roth, Director of Health Services
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
PHYSICIANS’ AND DENTISTS’ ORGANIZATION
OF
CONTRA COSTA
NOVEMBER 1, 2019 – OCTOBER 31, 2022
i
PHYSICIANS’ & DENTISTS’ ORGANIZATION
OF CONTRA COSTA
TABLE OF CONTENTS
SECTION 1 ORGANIZATION RECOGNITION ................................................. 3
SECTION 2 ORGANIZATION SECURITY
2.1 Dues Deduction .............................................................................. 3
2.2 Communicating With Employees .................................................... 3
2.3 Use of County Buildings .................................................................. 4
2.4 Advance Notice ............................................................................... 4
2.5 W ritten Statement for New Employees ........................................... 5
2.6 Notification of Dues Deduction Changes ........................................ 5
2.7 Assignment of Classes to Bargaining Units .................................... 6
2.8 Release Time for Training .............................................................. 6
2.9 Physicians and Dentists as Employees or Contractors ................... 6
SECTION 3 NO DISCRIMINATION .................................................................... 8
SECTION 4 SHOP STEWARDS AND OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings .................................................................. 8
4.2 PDOCC Representatives ................................................................ 9
SECTION 5 SALARIES
5.1 General Wage Increases ................................................................ 9
5.2 Appointment or Change of Assignment ........................................ 10
5.3 Step Advancement ........................................................................ 10
5.4 Payment ........................................................................................ 10
5.5 Part-Time Compensation .............................................................. 11
5.6 Compensation for Portion of Month .............................................. 11
5.7 Salary on Promotion – Residents .................................................. 11
5.8 Stipends ........................................................................................ 11
5.9 Electronic Health Records Incentive Program............................... 12
SECTION 6 DAYS AND HOURS OF WORK
6.1 Work Week Defined ..................................................................... 12
6.2 Employee Schedules .................................................................... 12
6.3 Additional Duty Pay ....................................................................... 13
6.4 Clinical On-Call Pay ..................................................................... 13
6.5 Nocturnist Pay ............................................................................... 13
6.6 Schedule Preparation ................................................................... 13
6.7 Operational Adjustments .............................................................. 13
6.8 Direct Patient Care and Administrative Time ................................ 14
Ambulatory Care Provider – Exempt ............................................. 14
Dentist – Exempt ........................................................................... 16
Emergency Medicine – Exempt .................................................... 17
Hospitalist – Exempt ..................................................................... 18
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Obstetrics & Gynecology (OBGYN) – Full Spectrum – Exempt .... 19
Obstet & Gyn (OBGYN)-Fam Med w/Focus in Adv Obs-Exempt .. 20
Optometrist – Exempt ................................................................... 21
Oral Surgeon – Exempt................................................................. 21
Pathologist – Exempt .................................................................... 22
Pediatrician – Ambulatory – Exempt ............................................. 22
Pediatrician – Hospital – Exempt .................................................. 23
Primary Care Provider – Exempt................................................... 24
Primary Care Provider–Limited (Hired before 11/1/19)–Exempt ... 26
Psychiatrist – Adult – Exempt ....................................................... 28
Psychiatrist – Pediatric – Exempt .................................................. 29
Psychiatrist – PES/Detention – Exempt ........................................ 29
Resident ........................................................................................ 29
6.9 Increase in Hours .......................................................................... 29
6.10 Time Stamping .............................................................................. 30
6.11 Time Reporting and Pay Practices Waiver ................................... 30
SECTION 7 HOLIDAYS
7.1 Holidays Observed ........................................................................ 30
7.2 Holiday is NOT Worked/Hol Falls on Scheduled Work Day .......... 31
7.3 Holiday is NOT Worked/Hol Falls on Scheduled Day Off ............. 31
7.4 Holiday is WORKED/Hol Falls on Scheduled Work Day ............... 32
7.5 Holiday is WORKED/Hol Falls on Scheduled Day Off .................. 32
7.6 Permanent Intermittent Employee ................................................ 33
SECTION 8 VACATION LEAVE
8.1 Vacation Allowance ....................................................................... 33
8.2 Accrual During Leave Without Pay ............................................... 34
8.3 Vacation Allowance for Separated Employees ............................. 34
8.4 Vacation Preference ..................................................................... 34
SECTION 9 SICK LEAVE
9.1 Purpose of Sick Leave .................................................................. 34
9.2 Credits To and Charges Against Sick Leave ................................ 35
9.3 Policies Governing the Use of Paid Sick Leave ............................ 35
9.4 Administration of Sick Leave ......................................................... 37
9.5 Disability ........................................................................................ 39
9.6 Workers’ Compensation ................................................................ 39
9.7 Accrual During Leave Without Pay ............................................... 41
9.8 State Disability Insurance .............................................................. 41
SECTION 10 LEAVE OF ABSENCE
10.1 Leave Without Pay ........................................................................ 41
10.2 General Administration-Leaves of Absence .................................. 42
10.3 Military Leave ................................................................................ 43
10.4 Family Care Leave or Medical Leave ............................................ 43
10.5 Pregnancy Disability Leave ........................................................... 45
10.6 Group Health Plan Coverage ........................................................ 45
10.7 Unauthorized Absence .................................................................. 45
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10.8 Leave Without Pay - Use of Accruals ........................................... 46
10.9 Leave Replacement & Reinstatement........................................... 46
10.10 Reinstatement from Family Medical Leave ................................... 46
10.11 Salary Review While on Leave of Absence .................................. 47
10.12 Furlough Days Without Pay .......................................................... 47
10.13 Unpaid Sabbatical Leave .............................................................. 47
SECTION 11 JURY DUTY AND WITNESS DUTY
11.1 Jury Duty ....................................................................................... 47
11.2 Witness Duty ................................................................................. 48
SECTION 12 MEDICAL, DENTAL & LIFE INSURANCE
12.1 Health Plan Coverages ................................................................. 49
12.2 County Health and Dental Plan Monthly Premium Subsidy .......... 49
12.3 Retirement Coverage .................................................................... 51
12.4 Family Member Eligibility Criteria .................................................. 54
12.5 Dual Coverage .............................................................................. 55
12.6 Medical Plan Cost-Sharing with Active Ees on and after 1/1/18 ... 55
12.7 Life Insurance Benefit Under Health and Dental Plans ................. 58
12.8 Supplemental Life Insurance ........................................................ 58
12.9 Health Care Spending Account ..................................................... 58
12.10 PERS Long Term Care ................................................................. 59
12.11 Voluntary Vision Plan .................................................................... 59
12.12 Health Savings Account with High Deductible Health Plan ........... 59
12.13 Dependent Care Assistance Program ........................................... 59
12.14 Premium Conversion Plan ............................................................ 60
12.15 Prevailing Section ......................................................................... 60
12.16 Rate Information ........................................................................... 60
12.17 Coverage Upon Separation ........................................................... 60
12.18 Partial Month ................................................................................. 60
12.19 Coverage During Absences .......................................................... 60
12.20 Child Care ..................................................................................... 60
12.21 Health Benefit Coverage for Eees Not Otherwise Covered .......... 61
SECTION 13 RESIGNATIONS
13.1 Resignation in Good Standing ...................................................... 61
13.2 Constructive Resignation .............................................................. 61
13.3 Expressed Resignation ................................................................. 61
13.4 Revocation .................................................................................... 61
13.5 Coerced Resignations ................................................................... 61
SECTION 14 DISMISSAL, SUSPENSION, DEMOTION & RED IN PAY
14.1 Sufficient Cause for Action ............................................................ 62
14.2 Notice of Proposed Action ............................................................ 63
14.3 Employee Response ..................................................................... 63
14.4 Leave Pending Employee Response ............................................ 64
14.5 Length of Suspension ................................................................... 64
14.6 Procedure on Dismiss, Susp, Disc Dem, or Red in Pay ................ 64
14.7 Employee Representation Rights .................................................. 64
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14.8 Disciplinary Investigations and Actions ......................................... 64
SECTION 15 GRIEVANCE PROCEDURE
15.1 Definition and Procedural Steps ................................................... 65
15.2 Scope of Arbitration Decisions ...................................................... 66
15.3 Time Limits .................................................................................... 66
15.4 PDOCC Notification ...................................................................... 67
15.5 Compensation Complaints ............................................................ 67
15.6 Strike/Work Stoppage ................................................................... 67
15.7 Filing by PDOCC .......................................................................... 67
SECTION 16 RETIREMENT
16.1 Contribution ................................................................................... 67
16.2 Retire Ben–New Mbrs of CCCERA on/after 1/1/13 ....................... 67
SECTION 17 EDUCATION REIMBURSEMENT ................................................ 68
SECTION 18 PAID PERSONAL/EDUCATIONAL/OTHER LEAVE
18.1 Paid Personal Leave ..................................................................... 68
18.2 Educational Leave ........................................................................ 69
18.3 Other Leave .................................................................................. 69
SECTION 19 MILEAGE
19.1 Reimbursement for Use of Personal Vehicle ................................ 69
19.2 Commuter Benefit Program .......................................................... 69
SECTION 20 PAY WARRANT ERRORS ........................................................... 70
SECTION 21 SERVICE AWARDS ..................................................................... 70
SECTION 22 INSURANCE
22.1 Malpractice .................................................................................... 70
22.2 Long Term Disability Insurance ..................................................... 71
SECTION 23 LENGTH OF SVC DEFINITION (Svc Awards and Accr) ........... 71
SECTION 24 PERMANENT PART-TIME EMPLOYEE BENEFITS .................... 71
SECTION 25 PERMANENT-INTERMITTENT EMPLOYEE BENEFIT ............... 71
SECTION 26 PERSONNEL FILES ..................................................................... 71
SECTION 27 CATASTROPHIC LEAVE BANK .................................................. 72
SECTION 28 REDUCTION IN FORCE ............................................................... 73
SECTION 29 PROBATIONARY PERIOD........................................................... 75
SECTION 30 BILINGUAL PAY .......................................................................... 75
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SECTION 31 ADOPTION ................................................................................... 76
SECTION 32 SCOPE OF AGREEMENT & SEPARABILITY OF PROVISIONS
32.1 Scope of Agreement ..................................................................... 76
32.2 Separability of Provisions .............................................................. 76
32.3 Salary Ordinance .......................................................................... 77
32.4 Duration of Agreement .................................................................. 77
SECTION 33 FAIR LABOR STANDARDS ACT PROVISIONS ......................... 77
EXHIBITS
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
PHYSICIANS’ AND DENTISTS’ ORGANIZATION
OF CONTRA COSTA
This Memorandum of Understanding (MOU) is entered into pursuant to the authority
contained in Division 34 of Board of Supervisors’ Resolution 81/1165 and has been jointly
prepared by the parties.
The Employee Relations Officer (County Administrator) is the representative of Contra
Costa County in employer-employee relations matters as provided in Board of Supervisors'
Resolution 81/1165.
The parties have met and conferred in good faith regarding wages, hours and other terms
and conditions of employment for the employees in units in which the Physicians’ and
Dentists’ Organization of Contra Costa (PDOCC) is the recognized representative, have
freely exchanged information, opinions and proposals and have endeavored to reach
agreement on all matters relating to the employment conditions and employer-employee
relations covering such employees.
This MOU shall be presented to the Contra Costa County Board of Supervisors, as the
governing board of the County and appropriate fire districts, as the joint recommendations
of the undersigned for salary and employee benefit adjustments for the term as set forth
herein.
DEFINITIONS
PDOCC - 2 - 2019-2022 MOU
DEFINITIONS
Appointing Authority: The Health Services Director unless otherwise provided by statute
or ordinance.
Class: A group of positions sufficiently similar with respect to the duties and
responsibilities that similar selection procedures and qualifications may apply and that the
same descriptive title may be used to designate each position allocated to the group.
Class Title: The designation given to a class, to each position allocated to the class, and
to the employees allocated to the class.
County: Contra Costa County.
Department Head: An assignment, in which a Medical Staff Member coordinates with the
Appointing Authority in compliance with the medical staff bylaw governance and quality
measures.
Director of Human Resources: The person designated by the County Administrator to
serve as the Director of Human Resources.
Employee: A person who is an incumbent of a position or who is on leave of absence in
accordance with provisions of this MOU and whose position is held pending his return.
Exempt: Any position which is exempt from the Merit System.
Layoff List: A list of persons who have occupied positions allocated to a class in the merit
system and who have involuntarily separated by layoff, displacement, or demoted by
displacement, or have voluntarily demoted in lieu of layoff or displacement, or have
voluntarily transferred in lieu of layoff or displacement.
Permanent-Intermittent Position: Any position which requires the services of an
incumbent for an indefinite period but on an intermittent basis, as needed, paid on an
hourly basis.
Permanent Part-Time Position: Any position which will require the services of an
incumbent for an indefinite period but on a regularly scheduled less than full time basis.
Permanent Position: Any position which has required, or which will require the services of
an incumbent without interruption, for an indefinite period.
Physician: Physician classes are: Primary Care Provider, Primary Care Provider – Limited,
Ambulatory Care Provider, Emergency Medicine, Hospitalist, OB/GYN – Full Spectrum,
OB/GYN - FM Adv OB, Oral Surgeon, Pathologist, Pediatrician - Ambulatory, Pediatrician –
Hospital, Psychiatrist - Adult, Psychiatrist – Pediatric, and Psychiatrist-Emg Svs/Det.
Position: The assigned duties and responsibilities calling for the regular full time, part-
time or intermittent employment of a person.
SECTION 1 - ORGANIZATION RECOGNITION
PDOCC - 3 - 2019-2022 MOU
Resignation: The voluntary termination of permanent employment with the County.
SECTION 1 - ORGANIZATION RECOGNITION
PDOCC is the formally recognized employee organization for the representation unit listed
below, and such organization has been certified as such pursuant to the Board Order
dated December 19, 1995 and the Board Order dated August 21. 2012.
The terms and conditions of this MOU are effective for the classifications listed in Exhibit A
and effective November 1, 2019, upon approval of this MOU by the Board of Supervisors.
Physicians’, Dentists’, and Optometrists’ Unit
SECTION 2 - ORGANIZATION SECURITY
2.1 Dues Deduction. Pursuant to Board of Supervisors’ Resolution 81/1165, only a
majority representative may have dues deduction and as such PDOCC has the exclusive
privilege of dues deduction or agency fee deduction for all employees in its units.
The Organization shall indemnify, defend, and save the County harmless against any and
all claims, demands, suits, orders, or judgments, or other forms of liability that arise out of
or by reason of this organization security section, or action taken or not taken by the
County under this Section. This includes, but is not limited to, the County's attorneys' fees
and costs. The provisions of this subsection shall not be subject to the grievance procedure
following the adoption of this MOU by the County Board of Supervisors.
2.2 Communicating With Employees. PDOCC shall be allowed to use designated
portions of bulletin boards or display areas in public portions of County buildings or in
public portions of offices in which there are employees represented by PDOCC, provided
the communications displayed have to do with official organization business such as times
and places of meetings and further provided that the employee organization appropriately
posts and removes the information. The department head reserves the right to remove
objectionable materials after notification to and discussion with PDOCC.
Representatives of PDOCC, not on County time, shall be permitted to place a supply of
employee literature at specific locations in County buildings if arranged through the Labor
Relations Manager or designated representative; said representatives may distribute
employee organization literature in work areas (except work areas not open to the public) if
the nature of the literature and the proposed method of distribution are compatible with the
work environment and work in progress.
Such placement and/or distribution shall not be performed by on duty employees.
PDOCC shall be allowed access to work locations in which it represents employees for the
following purposes:
SECTION 2 - ORGANIZATION SECURITY
PDOCC - 4 - 2019-2022 MOU
a. to post literature on bulletin boards;
b. to arrange for use of a meeting room;
c. to leave and/or distribute a supply of literature as indicated above;
d. to represent an employee on a grievance, and/or to contact a PDOCC officer on
a matter within the scope of representation;
e. to ascertain whether the terms and conditions of the MOU are being complied
with.
In the application of this provision, it is agreed and understood that in each such instance
advance arrangements, including disclosure of which of the above purposes is the reason
for the visit, will be made with the departmental representative in charge of the work area,
and the visit will not interfere with County services.
2.3 Use of County Buildings. PDOCC shall be allowed the use of areas normally used
for meeting purposes for meetings of County employees except during the hours of 8:00
a.m. and 5:00 p.m., Monday through Friday when:
a. such space is available;
b. there is no additional cost to the County;
c. it does not interfere with normal County operations, nor interfere with employee's
work responsibility.
d. the meetings are on matters within the scope of representation.
The administrative official responsible for the space shall establish and maintain
scheduling of such uses. PDOCC shall maintain proper order at the meeting, and see that
the space is left in a clean and orderly condition.
The use of County equipment (other than items normally used in the conduct of business
meetings, such as desks, chairs, ashtrays, and blackboards) is strictly prohibited, even
though it may be present in the meeting area.
2.4 Advance Notice. PDOCC shall, except in cases of emergency, have the right to
reasonable notice of any ordinance, rule, resolution or regulation directly relating to matters
within the scope of representation proposed to be adopted by the Board, or boards and
commissions appointed by the Board, and to meet with the body considering the matter.
The listing of an item on a public agenda, or the mailing of a copy of a proposal at least
seventy-two (72) hours before the item will be heard, or the delivery of a copy of the
proposal at least twenty-four (24) hours before the item will be heard, shall constitute
notice.
SECTION 2 - ORGANIZATION SECURITY
PDOCC - 5 - 2019-2022 MOU
In cases of emergency when the Board, or boards and commissions appointed by the
Board, determines it must act immediately without such notice or meeting, it shall give
notice and opportunity to meet as soon as practical after its action.
2.5 Written Statement for New Employees.
A. The County will provide a written statement to each new employee hired into a
classification in any of the bargaining units represented by PDOCC, that the
employee’s classification is represented by PDOCC and the name of a
representative of the Union. The County will provide the employee with a packet of
information that has been supplied by the Union.
B. The County will make reasonable efforts to provide email notification to the
Union as soon as a new employee hired into a classification represented by
PDOCC has been scheduled for a new employee orientation. Whether or not
email notification is provided, the County will provide written notice to the Union
of all new employee orientations, at least ten (10) calendar days prior to the
event. The County may provide less than ten (10) calendar days’ notice to the
Union in instances where there is an urgent need critical to the County’s
operations that was not reasonably foreseeable.
C. The new employee orientation notice provided to the Union will include the date,
time, and location of the orientation.
D. The Union will be provided the opportunity to have up to two (2) representatives
meet with new employees for up to thirty (30) minutes at the beginning of the
orientation. One (1) of these representatives may be a bargaining unit member. A
bargaining unit member attending orientation as a Union representative shall be
given paid release time sufficient to cover the Union’s presentation and travel time.
The Union will provide the names of any employees who they wish to be released at
least 48 hours in advance to the Labor Relations Manager. Approval for release
time is subject to adequate staff coverage at the employee’s worksite.
E. The Union may provide written materials to new employees during the new
employee orientation. The Union’s presentation will be conducted during paid
County time as a regular part of the new employee orientation. No representative of
management shall be present during the Union’s presentation.
2.6 Notification of Dues Deduction Changes. PDOCC shall regularly provide the
County with the names of employees for whom dues deductions should be initiated,
changed, or discontinued pursuant to this section in a manner that has been mutually
agreed upon by the County and PDOCC and set forth in a separate protocol document.
PDOCC will submit a spreadsheet in an agreed upon format to the Office of the Auditor-
Controller via email. Requests for dues deductions received by the Auditor-Controller by
the close of business at least five (5) business days prior to the end of the pay period will
be implemented in the following pay period. PDOCC certifies that it will only send requests
to initiate dues deductions for employees who have authorized the deductions.
SECTION 2 - ORGANIZATION SECURITY
PDOCC - 6 - 2019-2022 MOU
2.7 Assignment of Classes to Bargaining Units. The County shall assign new
classes in accordance with the following procedure:
a. Initial Determination. When a new class title is established, the Labor Relations
Manager shall review the composition of existing representation units to determine
the appropriateness of including some or all of the employees in the new class in
one or more existing representation units, and within a reasonable period of time
shall notify all recognized employee organizations of his/her determination.
b. Final Determination. His/her determination is final unless within ten (10) days after
notification a recognized employee organization requests in writing to meet and
confer thereon.
c. Meet and Confer and Other Steps. He/she shall meet and confer with such
requesting organizations (and with other recognized employee organizations where
appropriate) to seek agreement on this matter within sixty (60) days after the ten
(10) day period in Subsection b, unless otherwise mutually agreed. Thereafter, the
procedures in cases of disagreement, arbitration referral and expenses, and criteria
for determination shall conform to Board of Supervisors’ Resolution 81/1165.
2.8 Release Time for Training. Effective January 1, 2000, the County shall provide a
maximum of fifty (50) hours per calendar year of release time for union-designated
representatives to attend labor related training programs.
Requests for release time shall be provided to the Employee Relations Officer or designee
in writing at least fifteen (15) days in advance of the time requested. The Department will
reasonably consider each request and notify the affected employee whether such request
is approved within one (1) week of receipt.
2.9 Physicians and Dentists as Employees or Contractors.
A. Employees or Contractors. The County agrees to hire new physicians and dentists
who are or will be regularly scheduled to work twenty (20) or more hours each week,
as employees in positions assigned to the PDOCC Bargaining Unit, and not as
contractors, in the following specialties:
1. General Internal Medicine
2. General Pediatrics
3. Emergency Medicine
4. Family Practice
5. General Pathology
6. Oral Surgery
7. General Dentistry
8. General Practice
9. Hospitalist
10. Obstetrics and Gynecology
SECTION 2 - ORGANIZATION SECURITY
PDOCC - 7 - 2019-2022 MOU
B. Psychiatrists.
1. The County will endeavor to utilize psychiatrists who are employed by the
County and represented by PDOCC, to provide at least sixty percent (60%)
of the psychiatric service hours provided annually to the County.
2. Beginning February 1, 2015, and each February 1 thereafter, the Health
Services Department will provide an alphabetical list of all psychiatrists, both
employed and contracted, working for the Department during the prior
calendar year with the total number of psychiatric service hours provided by
each psychiatrist listed. If the total number of psychiatric service hours
provided by contracted psychiatrists during the prior the calendar year
exceeds forty percent (40%) of the total psychiatric service hours provided by
all psychiatrists, then the Health Services Department will pay to PDOCC the
amount of PDOCC dues for each full-time equivalent (F.T.E.) for contracted
service hours over forty percent (40%). One (1) F.T.E. is equivalent to 2,080
service hours per year. The number of F.T.E. for dues payment will be
determined by taking the total number of annual service hours over forty
percent (40%) provided by contracted psychiatrists divided 2,080 hours (e.g.,
10,400 contracted service hours ÷ 2,080 hours= 5 F.T.E.).
3. By January 15 of each year, PDOCC will provide the Health Services
Department with the annual dues amount for one F.T.E. at the top step of the
Exempt Medical Staff Physician salary schedule for the prior calendar year
for purposes of calculating the dues payment to PDOCC. If the Health
Services Department determines that a payment is owed to PDOCC
pursuant to this section 2.9.B., such payment will be made to PDOCC no
later than March 1 of any year in which a payment is due.
C. CCHP Community Provider Network Physicians. Notwithstanding subsections A.
and B. above, the County may continue to contract for physician services needed by
the Contra Costa Health Plan.
D. Detention Assignment. Notwithstanding subsections A. and B. above, the County
may continue to contract for physician services in the Contra Costa Detention
Facilities.
E. Use of Locum Tenens. Notwithstanding section 2.9.A, physicians or dentists may be
contracted by the County directly or through a third party (locum tenens) to provide
services in a temporary capacity as described below. The term Locum Tenens as
used in this section refers to either type of contracted provider. Psychiatrists who
are contracted for pursuant to this section are still subject to the limitations of
paragraph B of section 2.9.
1. Recruitment Mechanism: A locum tenens may provide services for up to six (6)
months when recruitment for permanent employment is being considered by the
Department. To utilize this recruitment mechanism, there must be an available
vacant position. During the six (6) month trial period, if the Department determines
that the locum tenens is an acceptable candidate for permanent employment,
SECTION 3 - NO DISCRIMINATION
PDOCC - 8 - 2019-2022 MOU
employment in a permanent position may be offered at any time. If the offer is
refused, the locum tenens provider’s services will be ended within two (2) weeks of
the date of refusal. If a locum tenens refuses the offer of employment, he/she will
not be allowed to return to the County as a locum tenens for a period of twelve (12)
months from the date of rejection of the offer of employment.
2. Seasonal Need: A locum tenens may provide services in primary care, the
Emergency Department, or Short Notice Clinics during the specific peak periods
described below. Under this category, individual locum tenens providers are limited
to working a maximum of fifteen (15) weeks.
a. Winter Flu Season – the period from Monday prior to Thanksgiving
through the last day in February, inclusive.
b. Summer Vacation Season – the period of the Monday prior to Memorial
Day through the Friday following Labor Day, inclusive.
3. Coverage for Leaves of Absence: The Department may use a locum tenens to
cover for an employee during a leave of absence that is greater than one (1) month
of continuous absence, e.g., maternity, military, medical, workers’ compensation
leaves, etc. Individual locum tenens providing services under this category may
work a maximum of nine (9) months.
Upon request from PDOCC, the Department will provide to PDOCC a report of locum
tenens use within fourteen (14) calendar days of the request. The report will include the
names of the locum tenens providers used, assignment (work type and location), and
duration of work.
SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of sex, race, creed, color, national origin, sexual
orientation or union activities against any employee or applicant for employment by the
County or by anyone employed by the County; and to the extent prohibited by applicable
State and Federal law there shall be no discrimination because of age. There shall be no
discrimination against any disabled person solely because of such disability unless that
disability prevents the person from carrying out the essential functions of the position
safely.
SECTION 4 - SHOP STEWARDS AND OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as shop stewards or official
representatives of PDOCC shall be allowed to attend meetings held by County agencies
during regular working hours on County time as follows:
a. If their attendance is required by the County at a specific meeting, including
meetings of the Board of Supervisors;
b. if their attendance is sought by a hearing body or presentation of testimony or
other reasons;
SECTION 5 – SALARIES
PDOCC - 9 - 2019-2022 MOU
c. if their attendance is required for a meeting necessary for settlement of
grievances filed pursuant to Section 15 - Grievance Procedure of this MOU and
scheduled at reasonable times agreeable to all parties;
d. if they are designated as a shop steward, in which case they may utilize a
reasonable time at each level of the proceedings to assist an employee to
present a grievance provided the meetings are scheduled at reasonable times
agreeable to all parties;
e. if they are designated as spokesperson or representative of PDOCC and as
such make representations or presentations at meetings or hearings on wages,
salaries and working conditions; provided in each case advance arrangements
for time away from the employee's work station or assignment are made with the
appropriate department head, and the County agency calling the meeting is
responsible for determining that the attendance of the particular employee(s) is
required, including meetings of the Board of Supervisors and Retirement Board
where items which are within the scope of representation and involving PDOCC
are to be discussed.
4.2 PDOCC Representatives. Official representatives of PDOCC shall be allowed time
off on County time for meetings during regular working hours when formally meeting and
conferring in good faith or consulting with the Labor Relations Manager or other
management representatives on matters within the scope of representation, provided that
the number of such representatives shall not exceed two (2) without prior approval of the
Labor Relations Manager, and that advance arrangements for the time away from the work
station or assignment are made with the appointing authority or designee.
SECTION 5 – SALARIES
5.1 General Wage Increases. On November 1, 2019, employees will be
reclassified to classifications in Exhibit A. Providers in Steps 1-4 will be
placed at Step 1. Providers in Steps 5 and above will be placed at Step 2.
A. The base rate of pay for all classifications represented by PDOCC, excluding the
classifications of Primary Care Provider, Primary Care Provider-Limited, and
Ambulatory Care Provider, will be increased as follows:
Effective November 1, 2020 2% increase
Effective November 1, 2021 2% increase
B. Longevity Pay. Effective November 1, 2019, full-time employees who have
completed the required months of service as County employees will receive the
maximum longevity pay per month set forth in the chart below. Part-time employees
who have completed the required months of service as County employees will
receive a pro-rated monthly amount based on position hours (e.g. 32/40).
The longevity pay is effective on the first day of the month following the month in
which the employee completes the required months of service. Employees who
SECTION 5 – SALARIES
PDOCC - 10 - 2019-2022 MOU
have completed the required months of service prior to November 1, 2019, will be
paid the amounts on the chart below prospectively only from November 1, 2019.
Completed Months of Service
Maximum Longevity Pay Per Month
120 months through 179 months $500.00 per month
180 months through 239 months $1,000.00 per month
240 months $1,500.00 per month
5.2 Appointment or Change of Assignment. Employees shall be employed only in
classes for which they are qualified by virtue of their education, experience and
professional license, and shall be paid at a rate established for their classification. The
determination of an employee's qualifications and designation of the appropriate step of
the salary range shall be by the Appointing Authority or designee and shall be final.
5.3 Step Advancement. Employees at Step 1 will be eligible for advancement to Step 2
as follows:
1. All employees originally placed at Step 1 as of the effective date of this MOU,
will be placed in Step 2 on November 1, 2020.
2. For employees hired into Step 1 after the effective date of this MOU:
Following one (1) year of employment, the employee will advance to Step 2
on the first day of the month following the month in which the employee
completes a full year of employment.
5.4 Payment. On the tenth (10th) day of each month, the Auditor will draw a warrant
upon the Treasurer in favor of each employee for the amount of salary due the employee
for the preceding month; provided, however, that each employee (except those paid on an
hourly rate) may choose to receive an advance on the employee's monthly salary, in which
case the Auditor shall, on the twenty-fifth (25th) day of each month, draw his/her warrant
upon the Treasurer in favor of such employee.
The advance shall be in an amount equal to one-third (1/3) or less (at the option of the
employee) of the employee's basic salary of the previous month except that it shall not
exceed the amount of the previous month's basic salary less all requested or required
deductions.
The election to receive the advance shall be made on-line using Employee Self Service
(ESS) on the prescribed form. If the employee makes an update between the 1st and 15th
of the month, then the change will impact the current month’s advance. If the employee
makes the update after the 15th it will impact the following month’s advance.
Such an election will remain effective until revoked.
In the case of an election made pursuant to this Section 5.4 all required or requested
deductions from salary shall be taken from the second installment, which is payable on the
tenth (10th) day of the following month.
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PDOCC - 11 - 2019-2022 MOU
5.5 Part-Time Compensation. An employee working part-time shall be paid a monthly
salary in the same ratio to the full time monthly rate to which he would be entitled as an
employee working full time as the number of hours per week in his part-time work schedule
bears to the number of hours in the regular full time schedule. Other benefits to which the
employee is entitled under the provisions of this division may be assigned on the same pro
rata basis.
5.6 Compensation for Portion of Month. Any employee who works less than any full
calendar month, except when on earned vacation or authorized sick leave, shall receive as
compensation for his/her services an amount which is the same ratio to the established
monthly rate as the number of days worked is to the actual working days in such
employee's normal work schedule for the particular month; but if the employment is
intermittent, compensation shall be on an hourly basis.
5.7 Salary on Promotion - Residents. Residents are expected to spend approximately
one year in each of the three resident classifications. However, the duration of an
employee's training at one of the levels may be extended at the discretion of the Appointing
Authority or designee. Residents advancing to a next higher resident physician
classification shall be paid at the monthly rate for that classification.
5.8 Stipends. Employees are eligible for the following additional compensation. An
employee may be eligible for and receive stipends in more than one category.
A. The President of the Medical Staff will receive $825 per month.
B. The Department Heads of Family Medicine, Anesthesia, Dental, Diagnostic
Imaging, Emergency Medicine, Internal Medicine, Obstetrics and Gynecology,
Pathology, Pediatrics, Psychiatry, Hospitalist Medicine, ICU, Regional DFAM
Division Head, and other comparable assignments deemed appropriate by the
Appointing Authority or designee will be eligible to receive $600 per month. The
maximum monthly number of stipends available for assignment in this category is
fourteen (14) unless additional stipends are approved by the Chief Medical Officer.
C. The Chairperson of the Medical Staff committees charged with considerable
responsibility and other comparable assignments deemed appropriate by the
Appointing Authority or designee will receive $600 per month. The maximum
monthly number of stipends available for assignment in this category is twenty-two
(22) unless additional stipends are approved by the Chief Medical Officer.
D. The Division Heads, the Assistant Residency Director, and other comparable
assignments deemed appropriate by the Appointing Authority or designee will
receive $300 per month. The maximum monthly number of stipends available for
assignment in this category is ten (10) unless additional stipends are approved by
the Chief Medical Officer.
E. Residents are eligible for a stipend of $250 per month.
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The above stipends will become effective on the first day of the month following the
employee's appointment unless the appointment is effective on the first day of the month,
in which case the stipend will commence immediately.
5.9 Electronic Health Records Incentive Program. The federal Medicaid (Medi-Cal)
Electronic Health Records (“EHR”) Incentive Program (“EHR Incentive Program”) pursuant
to the federal Health Information Technology for Economic Clinical Health (HITECH) Act
provides incentive payments to an eligible professional (“EP”) for meaningful use of an
EHR system. The terms “EHR Incentive Program,” “EHR,” “EP,” “meaningful use,” “adopt,
implement, and upgrade (AIU),” and “incentive payments,” as used in this MOU, have the
same meaning as those definitions in Part 495 of title 42 the Code of Federal Regulations.
In furtherance of the goals of the EHR Incentive Program, EPs who are employed in
classifications represented by PDOCC will do the following:
A. EPs will utilize the County’s certified EHR system, ccLink, in accordance with the
meaningful use requirements of the EHR Incentive Program and any Health
Services Department requirements. EPs will cooperate with any requests from the
County to provide information, documentation, or validation of their meaningful use
of ccLink.
B. EPs employed in classifications represented by PDOCC will reassign their EHR
incentive payments to the County. The EPs will provide the County with any
requested information and complete any necessary documentation to reassign their
EHR incentive payments to the County.
C. The County shall defend, indemnify, and hold PDOCC harmless against any legal
claims filed in any forum against PDOCC by EPs who are members of PDOCC that
challenge whether PDOCC has legal authority to agree to a Memorandum of
Understanding that requires EPs to reassign to the County their EHR incentive
payments from the EHR Incentive Program pursuant to the HITECH Act. This
provision will expire when the EHR Incentive Program ends in 2021. This provision,
5.9.C., is not subject to the grievance procedure.
D. Except as indicated in C., above, any disputes concerning the application and/or
interpretation of section 5.9 shall be resolved through the grievance procedure of
this MOU.
SECTION 6 - DAYS AND HOURS OF WORK
6.1 Work Week Defined. The work week for employees, except Residents, is five (5)
eight-hour days, or a total of forty (40) hours, between 12:01 a.m. on Sunday and 12:00
midnight on Saturday. However, when operational requirements require deviations from the
usual pattern of five eight-hour days, an employee may be scheduled otherwise to meet
operational requirements.
6.2 Employee Schedules. Permanent full time and part time employees will be
scheduled weekly or monthly as determined by management. Regardless of whether
employees are scheduled weekly or monthly, they are required to work their designated
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position hours. Employees in this bargaining unit are professional employees and as such
are paid a predetermined salary each pay period even if they work more than their weekly
or monthly designated position hours. Hours worked are defined as those hours of the day
for which the employees are required to fulfill the responsibilities of their professional
positions.
6.3 Additional Duty Pay. Only additional work assigned by management (above and
beyond routine assigned duties) will be eligible for additional duty pay. Additional Duty pay
will be paid at the rate and for the eligible classifications reflected in Exhibit B.
6.4 Clinical On Call Pay. An employee is eligible for this pay when the employee is
assigned additional on-call obligations beyond the obligations required as a part of their
normal job duties by the Appointing Authority or his/her designee. On Call Pay is paid at
the rate and for the eligible classifications reflected in Exhibit B.
6.5 Nocturnist Pay. Any work performed by classifications given assignments in
Emergency Medicine, Hospitalist, OBGYN-Full Spectrum, OBGYN-FM Adv OB,
Pediatrician-Hospitalist, Psychiatrist–Emg Svs/Det, will be eligible for $50 for each hour
worked between 11:00 p.m. – 7:00 a.m. Monday through Thursday; 9:00 p.m. – 7:00 a.m.
Friday, Saturday, Sunday, Holidays, the night before Christmas and New Year’s Eve, at the
rate reflected in Exhibit B.
6.6 Schedule Preparation. The Appointing Authority or designee will prepare written
schedules in advance. The employee's preferences as well as Department's operational
requirements will be considered in preparing the schedule. The work schedules for
residents will be determined by the Residency Program Director.
6.7 Operational Adjustments. Having met and conferred in good faith regarding
adjusting clinic roster sizes to meet a target patient seen rate, the parties agree that
management will retain the management-controlled right to schedule and fill a roster of
eleven (11) patients in a four-hour clinic. In addition, the roster shall include two (2)
provider-controlled (PPO/Per Provider Only) slots which can be booked by the provider or
designee at the provider’s discretion. Beginning January 1, 2020, with the goal of
increasing the number of patients provided care in clinics, the following incentives will be
established for primary care and pediatrician ambulatory care providers who meet these
specialized criteria while working in the clinics:
a. Access Incentive Bonus – Incentive payment of one thousand five hundred
dollars ($1,500) per quarter if the average patients seen per quarter in a four-
hour clinic equals ten (10) and the weekly average of the class A clinics per
quarter is five (Family Practice, Adult Medicine and Pediatrics). In order to be
eligible, the provider must work a minimum of ten (10) weeks per quarter.
b. Patient Experience Incentive Bonus – A single incentive payment of five hundred
dollars ($500) annually when a provider receives the targeted Top Box score
rating in the CG-CAHPS Adult Survey Provider Rating Question from patients
that complete the survey in the prior County fiscal year.
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PDOCC - 14 - 2019-2022 MOU
i. Provider Rating Question: “Using any number from 0 to 10, where 0 is the
worst provider possible and 10 is the best provider possible, what number
would you use to rate this provider?”
ii. Top Box: Number of respondents who answered 9 or 10.
iii. The target to be revised annually based on the national 90th percentile for
Medicaid patients.
iv. A minimum of 100 completed surveys to be eligible.
v. If the CG-CAHPS Adult Survey Provider Rating changes, new requirements
will be adopted.
c. Quality Incentive Bonus – A single incentive payment of $500 annually to providers
that meet or exceed the national Medicaid 90th percentile for all the primary care-
based quality measures in CCHS’ QIP or other named Medi-Cal waiver program in
the prior County fiscal year.
6.8 Direct Patient Care and Administrative Time.
Administrative Responsibilities. Administrative Responsibilities is time when the
employee does not provide Direct Patient Care. This is time to complete the necessary
and required work related to patient care including, but not limited to all non-Direct Patient
Care related tasks, reviewing and completing forms, telephone calls, EHR in box
management, attendance at department meetings, peer review, root cause analyses,
medical staff responsibilities, administrative or medical staff mandated trainings, and other
responsibilities assigned by the medical staff or by management.
Administrative Time Allocation. Administrative Time Allocation is the time spent
conducting Administrative Responsibilities.
Direct Patient Care. “Direct Patient Care” is any time the employee’s primary
responsibility is to deliver health care directly to patients, including but not limited to, clinics,
emergency room procedures, diagnosis tests, surgery, and the supervision of resident
physicians.
Clinical Time Allocation. Clinical Time Allocation is the time spent providing Direct
Patient Care or time spent doing special projects as defined by the Chief Medical Officer or
designee.
Providers will be assigned Clinical and Administrative time based on his/her Classification
as follows:
Ambulatory Care Provider - Exempt
1. Clinical Time Allocation.
a. Providers in this classification will be scheduled weekly.
b. Providers working a full time schedule in this classification will work thirty-six
(36) hours of scheduled clinical time.
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PDOCC - 15 - 2019-2022 MOU
c. Clinical time and salaries for Providers working less than full time in this
classification will be pro-rated as follows:
i. Providers working 87.5% time will work 32 hours of scheduled
clinical time.
ii. Providers working 77.5% time will work 28 hours of scheduled
clinical time.
iii. Providers working 65% time will work 24 hours of scheduled clinical
time.
iv. Providers working 55% time will work 20 hours of scheduled clinical
time.
d. Ambulatory Care Providers must work one (1) weeknight clinic if assigned,
per month. Providers will not be assigned to weeknight clinics until the
County has attempted to staff the weeknight clinic first with volunteers or
overtime assignments. “Weeknight” for the purpose of this section is defined
as Monday – Thursday. Ambulatory Care Providers whose weekly
scheduled clinical time in a month includes weeknight clinics are not required
by this section to work an additional weeknight clinic during that month.
Additionally, Ambulatory Care Providers whose weekly scheduled clinical
time includes more than one weeknight clinic are not permitted to reduce
their weeknight clinic assignments under this section without the prior
approval of the Chief Medical Officer (CMO) or designee.
2. Administrative Time Allocation.
a. Providers working full time (36 hours clinical) will receive four (4) hours of
administrative time.
b. Administrative time for Providers working less than full time will be pro-rated
as follows:
i. Providers working 87.5% time (32 hours clinical) will receive 3
hours of administrative time.
ii. Providers working 77.5% time (28 hours clinical) will receive 3
hours of administrative time.
iii. Providers working 65% time (24 hours clinical) will receive 2 hours
of administrative time.
iv. Providers working 55% time (20 hours clinical) will receive 2 hours
of administrative time.
c. Failure to maintain compliance with regulatory requirements, medical staff
bylaws, or administrative policy requirements may result in a reassignment of
administrative time to direct patient care time as follows: The Provider must
be given a written first notice of the acts of noncompliance along with
instructions on what steps must be taken to achieve compliance. The
timeline to achieve compliance shall be included in the notice. If the Provider
after that time period is not able to achieve compliance, then the Provider will
be provided a second written notice. That notice shall include notice of
reassignment of administrative time to direct patient care time and appeal
rights. The Provider may appeal within five (5) business days of receipt of
the second written notice by submitting a written request to the CMO (or
designee) to contest the findings or timeline. The CMO (or designee) shall
review the appeal from the Provider and issue a final determination on the
findings within ten (10) business days. If the Provider does not appeal, or if
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PDOCC - 16 - 2019-2022 MOU
the CMO (or designee) denies the appeal, the Provider will have
administrative time reassigned to direct patient care time for one month for
each notice of noncompliance.
d. Providers are expected to fulfill all of their administrative responsibilities
associated with their work assignment regardless of how long they take to
complete.
Dentist - Exempt
1. Clinical Time Allocation.
a. Providers in this classification will be scheduled weekly.
b. Providers working a full time schedule in this classification will work thirty-six
(36) hours of scheduled clinical time. The required clinical time will consist of
a minimum of nine (9) qualifying clinic blocks.
c. Clinical time and salaries for Providers working less than full time in this
classification will be pro-rated as follows:
i. Providers working 87.5% time will work 32 hours of scheduled
clinical time.
ii. Providers working 77.5% time will work 28 hours of scheduled
clinical time.
iii. Providers working 65% time will work 24 hours of scheduled clinical
time.
iv. Providers working 55% time will work 20 hours of scheduled clinical
time.
2. Administrative Time Allocation.
a. Providers working full time (36 hours clinical) will receive four (4) hours of
administrative time.
b. Administrative time for Providers working less than full time will be pro-rated
as follows:
i. Providers working 87.5% time (32 hours clinical) will receive 3
hours of administrative time.
ii. Providers working 77.5% time (28 hours clinical) will receive 3
hours of administrative time.
iii. Providers working 65% time (24 hours clinical) will receive 2 hours
of administrative time.
iv. Providers working 55% time (20 hours clinical) will receive 2 hours
of administrative time.
c. Failure to maintain compliance with regulatory requirements, medical staff
bylaws, or administrative policy requirements may result in a reassignment of
administrative time to direct patient care time as follows: The Provider must
be given a written first notice of the acts of noncompliance along with
instructions on what steps must be taken to achieve compliance. The
timeline to achieve compliance shall be included in the notice. If the Provider
after that time period is not able to achieve compliance, then the Provider will
be provided a second written notice. That notice shall include notice of
reassignment of administrative time to direct patient care time and appeal
rights. The Provider may appeal within five (5) business days of receipt of
the second written notice by submitting a written request to the CMO (or
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PDOCC - 17 - 2019-2022 MOU
designee) to contest the findings or timeline. The CMO (or designee) shall
review the appeal from the Provider and issue a final determination on the
findings within ten (10) business days. If the Provider does not appeal, or if
the CMO (or designee) denies the appeal, the Provider will have administrative
time reassigned to direct patient care time for one month for each notice of
noncompliance.
d. Providers are expected to fulfill all of their administrative responsibilities
associated with their work assignment regardless of how long they take to
complete.
Emergency Medicine - Exempt
1. Clinical Time Allocation.
a. Providers in this classification will be scheduled monthly.
b. Providers working a full time schedule in this classification will work thirty-two
(32) hours of scheduled clinical time per week, averaged over the period of
one (1) month.
c. Holidays, days, nights, and weekend shifts must be shared equitably
between all providers in this classification.
2. Administrative Time Allocation.
a. Providers working full-time, which is 40 position hours (32 hours clinical), will
receive eight (8) hours of administrative time.
b. Administrative time for Providers working less than full time will be pro-rated
as follows:
i. Providers working 34-39 position hours will receive 6 hours of
administrative time.
ii. Providers working 28-33 position hours will receive 4 hours of
administrative time.
iii. Providers working less than 28 position hours will receive no
administrative time.
c. Failure to maintain compliance with regulatory requirements, medical staff
bylaws, or administrative policy requirements may result in a reassignment of
administrative time to direct patient care time as follows: The Provider must
be given a written first notice of the acts of noncompliance along with
instructions on what steps must be taken to achieve compliance. The
timeline to achieve compliance shall be included in the notice. If the Provider
after that time period is not able to achieve compliance, then the Provider will
be provided a second written notice. That notice shall include notice of
reassignment of administrative time to direct patient care time and appeal
rights. The Provider may appeal within five (5) business days of receipt of
the second written notice by submitting a written request to the CMO (or
designee) to contest the findings or timeline. The CMO (or designee) shall
review the appeal from the Provider and issue a final determination on the
findings within ten (10) business days. If the Provider does not appeal, or if
the CMO (or designee) denies the appeal, the Provider will have
administrative time reassigned to direct patient care time for one month for
each notice of noncompliance.
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PDOCC - 18 - 2019-2022 MOU
d. Providers are expected to fulfill all of their administrative responsibilities
associated with their work assignment regardless of how long they take to
complete.
Hospitalist - Exempt
1. Clinical Time Allocation.
a. Providers in this classification will be scheduled monthly.
b. Providers working a full time schedule in this classification will work thirty-six
(36) hours of scheduled clinical time per week, averaged over the period of
one (1) month.
c. Clinical time and salaries for Providers working less than full time in this
classification will be pro-rated as follows:
i. Providers working 87.5% time will work 32 hours of scheduled
clinical time.
ii. Providers working 77.5% time will work 28 hours of scheduled
clinical time.
iii. Providers working 65% time will work 24 hours of scheduled clinical
time.
iv. Providers working 55% time will work 20 hours of scheduled clinical
time.
d. Holidays, days, nights, and weekend shifts must be shared equitably
between all providers in this classification.
e. Clinic shifts may be substituted for hospital shifts with prior approval of
administration.
2. Administrative Time Allocation.
a. Providers working full time (36 hours clinical) will receive four (4) hours of
administrative time.
b. Administrative time for Providers working less than full time will be pro-rated
as follows:
i. Providers working 87.5% time (32 hours clinical) will receive 3
hours of administrative time.
ii. Providers working 77.5% time (28 hours clinical) will receive 3
hours of administrative time.
iii. Providers working 65% time (24 hours clinical) will receive 2 hours
of administrative time.
iv. Providers working 55% time (20 hours clinical) will receive 2 hours
of administrative time.
c. Failure to maintain compliance with regulatory requirements, medical staff
bylaws, or administrative policy requirements may result in a reassignment of
administrative time to direct patient care time as follows: The Provider must
be given a written first notice of the acts of noncompliance along with
instructions on what steps must be taken to achieve compliance. The
timeline to achieve compliance shall be included in the notice. If the Provider
after that time period is not able to achieve compliance, then the Provider will
be provided a second written notice. That notice shall include notice of
reassignment of administrative time to direct patient care time and appeal
rights. The Provider may appeal within five (5) business days of receipt of the
SECTION 6 - DAYS AND HOURS OF WORK
PDOCC - 19 - 2019-2022 MOU
second written notice by submitting a written request to the CMO (or
designee) to contest the findings or timeline. The CMO (or designee) shall
review the appeal from the Provider and issue a final determination on the
findings within ten (10) business days. If the Provider does not appeal, or if
the CMO (or designee) denies the appeal, the Provider will have
administrative time reassigned to direct patient care time for one month for
each notice of noncompliance.
d. Providers are expected to fulfill all of their administrative responsibilities
associated with their work assignment regardless of how long they take to
complete.
Obstetrics & Gynecology (OBGYN) – Full Spectrum - Exempt
Employees in this classification are Board certified/Board eligible in OBGYN or will become
Board certified in OBGYN, within three years from either the date of hire for new hires or
within three years from the date this MOU is signed for current employees. Employees No.
45883, 45884, and 64602 are grandfathered into the classification.
1. Clinical Time Allocation.
a. Providers in this classification will be scheduled monthly.
b. Providers working a full time schedule in this classification will work thirty-six
(36) hours of scheduled clinical time per week, averaged over the period of
one (1) month.
c. Clinical time for providers working less than full time in this classification will
be pro-rated as follows:
i. Providers working 87.5% time will work 32 hours of scheduled clinical
time weekly.
ii. Providers working 77.5% time will work 28 hours of scheduled clinical
time weekly.
iii. Providers working 65% time will work 24 hours of scheduled clinical
time weekly.
iv. Providers working 55% time will work 20 hours of scheduled clinical
time weekly.
2. Administrative Time Allocation.
a. Providers working full time (36 hours clinical) will receive four (4) hours of
administrative time.
b. Administrative time for Providers working less than full time will be pro-
rated as follows:
i. Providers working 87.5% time (32 hours clinical) will receive 3
hours of administrative time.
ii. Providers working 77.5% time (28 hours clinical) will receive 3
hours of administrative time.
iii. Providers working 65% time (24 hours clinical) will receive 2 hours
of administrative time.
iv. Providers working 55% time (20 hours clinical) will receive 2 hours
of administrative time.
c. Failure to maintain compliance with regulatory requirements, medical staff
bylaws, or administrative policy requirements may result in a reassignment of
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PDOCC - 20 - 2019-2022 MOU
administrative time to direct patient care time as follows: The Provider must
be given a written first notice of the acts of noncompliance along with
instructions on what steps must be taken to achieve compliance. The
timeline to achieve compliance shall be included in the notice. If the Provider
after that time period is not able to achieve compliance, then the Provider will
be provided a second written notice. That notice shall include notice of
reassignment of administrative time to direct patient care time and appeal
rights. The Provider may appeal within five (5) business days of receipt of
the second written notice by submitting a written request to the CMO (or
designee) to contest the findings or timeline. The CMO (or designee) shall
review the appeal from the Provider and issue a final determination on the
findings within ten (10) business days. If the Provider does not appeal, or if
the CMO (or designee) denies the appeal, the Provider will have
administrative time reassigned to direct patient care time for one month for
each notice of noncompliance.
d. Providers are expected to fulfill all of their administrative responsibilities
associated with their work assignment regardless of how long they take to
complete.
Obstetrics & Gynecology (OBGYN) – Family Medicine with Focus in Advanced
Obstetrics - Exempt
Employees in this classification are Board certified in Family Medicine with post
residency training and/or experience in obstetrics as approved by Chief Medical Officer
or designee.
1. Clinical Time Allocation.
a. Providers in this classification will be scheduled monthly.
b. Providers working a full time schedule in this classification will work thirty-six
(36) hours of scheduled clinical time per week, averaged over the period of
one (1) month.
c. Clinical time for Providers working less than full time in this classification will
be pro-rated as follows:
i. Providers working 87.5% time will work 32 hours of scheduled
clinical time weekly.
ii. Providers working 77.5% time will work 28 hours of scheduled
clinical time weekly.
iii. Providers working 65% time will work 24 hours of scheduled clinical
time weekly.
iv. Providers working 55% time will work 20 hours of scheduled clinical
time weekly.
2. Administrative Time Allocation.
a. Providers working full time (36 hours clinical) will receive four (4) hours of
administrative time.
b. Administrative time for Providers working less than full time will be pro-rated
as follows:
i. Providers working 87.5% time (32 hours clinical) will receive 3
hours of administrative time.
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PDOCC - 21 - 2019-2022 MOU
ii. Providers working 77.5% time (28 hours clinical) will receive 3
hours of administrative time.
iii. Providers working 65% time (24 hours clinical) will receive 2 hours
of administrative time.
iv. Providers working 55% time (20 hours clinical) will receive 2 hours
of administrative time.
c. Failure to maintain compliance with regulatory requirements, medical staff
bylaws, or administrative policy requirements may result in a reassignment of
administrative time to direct patient care time as follows: The Provider must
be given a written first notice of the acts of noncompliance along with
instructions on what steps must be taken to achieve compliance. The
timeline to achieve compliance shall be included in the notice. If the Provider
after that time period is not able to achieve compliance, then the Provider will
be provided a second written notice. That notice shall include notice of
reassignment of administrative time to direct patient care time and appeal
rights. The Provider may appeal within five (5) business days of receipt of
the second written notice by submitting a written request to the CMO (or
designee) to contest the findings or timeline. The CMO (or designee) shall
review the appeal from the Provider and issue a final determination on the
findings within ten (10) business days. If the Provider does not appeal, or if
the CMO (or designee) denies the appeal, the Provider will have
administrative time reassigned to direct patient care time for one month for
each notice of noncompliance.
d. Providers are expected to fulfill all of their administrative responsibilities
associated with their work assignment regardless of how long they take to
complete.
Optometrist - Exempt
Clinical Time Allocation.
a. Providers in this classification will be scheduled weekly.
b. Providers working in this classification will work forty (40) hours of scheduled
clinical time per week in refraction clinics.
Oral Surgeon - Exempt
Clinical Time Allocation.
a. Providers in this classification will be scheduled weekly.
b. Providers working a 40 hour weekly schedule in this classification will work
forty (40) hours of scheduled patient-facing clinical time.
c. The required clinical time will consist of ten (10) clinic or Operating Room
blocks per week.
d. Provider is required to be on-call for 15 days per month, including 2
weekends per month.
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Pathologist - Exempt
Clinical Time Allocation.
a. Providers in this classification will be scheduled weekly.
b. Providers working in this classification will work forty (40) hours of scheduled
clinical time per week.
c. All clinical on-call shifts (including: holidays, days, nights, and weekends)
must be shared equitably between all Providers in this classification.
Payment for this duty is included in this classification’s base pay.
d. Call back pay is not included in base pay.
Pediatrician – Ambulatory - Exempt
1. Clinical Time Allocation.
a. Providers in this classification will be scheduled weekly.
b. Providers working a full time schedule in this classification will work thirty-six
(36) hours of scheduled clinical time. The required clinical time will consist of
a minimum of seven (7) pediatric designated clinic blocks.
c. Hospital shifts or special projects time may be substituted for clinic shifts with
prior approval of the CMO.
d. In the event that the CMO assigns a bargaining unit employee in a pediatric
ambulatory position to hospital shifts, that employee may be placed on a
monthly schedule, with mutual agreement of the provider and the CMO.
e. Clinical time and salaries for Providers working less than full time in this
classification will be pro-rated as follows:
i. Providers working 87.5% time will work 32 hours of scheduled
clinical time.
ii. Providers working 77.5% time will work 28 hours of scheduled
clinical time.
iii. Providers working 65% time will work 24 hours of scheduled
clinical time.
iv. Providers working 55% time will work 20 hours of scheduled
clinical time.
f. Providers must work one (1) weeknight clinic if assigned, per month.
Providers will not be assigned to weeknight clinics until the County has
attempted to staff the weeknight clinic first with volunteers or overtime
assignments. “Weeknight” for the purpose of this section is defined as
Monday – Thursday. Providers whose weekly scheduled clinical time in a
month includes weeknight clinics are not required by this section to work an
additional weeknight clinic during that month. Additionally, Providers whose
weekly scheduled clinical time includes more than one weeknight clinic are
not permitted to reduce their weeknight clinic assignments under this section.
2. Administrative Time Allocation.
a. Providers working full time (36 hours clinical) will receive four (4) hours of
administrative time.
b. Administrative time for Providers working less than full time will be pro-rated
as follows:
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PDOCC - 23 - 2019-2022 MOU
i. Providers working 87.5% time (32 hours clinical) will receive 3
hours of administrative time.
ii. Providers working 77.5% time (28 hours clinical) will receive 3
hours of administrative time.
iii. Providers working 65% time (24 hours clinical) will receive 2 hours
of administrative time.
iv. Providers working 55% time (20 hours clinical) will receive 2 hours
of administrative time.
c. Failure to maintain compliance with regulatory requirements, medical staff
bylaws, or administrative policy requirements may result in a reassignment of
administrative time to direct patient care time as follows: The Provider must
be given a written first notice of the acts of noncompliance along with
instructions on what steps must be taken to achieve compliance. The
timeline to achieve compliance shall be included in the notice. If the Provider
after that time period is not able to achieve compliance, then the Provider will
be provided a second written notice. That notice shall include notice of
reassignment of administrative time to direct patient care time and appeal
rights. The Provider may appeal within five (5) business days of receipt of the
second written notice by submitting a written request to the CMO (or
designee) to contest the findings or timeline. The CMO (or designee) shall
review the appeal from the Provider and issue a final determination on the
findings within ten (10) business days. If the Provider does not appeal, or if
the CMO (or designee) denies the appeal, the Provider will have
administrative time reassigned to direct patient care time for one month for
each notice of noncompliance.
d. Providers are expected to fulfill all of their administrative responsibilities
associated with their work assignment regardless of how long they take to
complete.
Pediatrician – Hospital – Exempt
1. Clinical Time Allocation.
a. Providers in this classification will be scheduled monthly.
b. Providers working a full time schedule in this classification will work thirty-six
(36) hours of scheduled clinical time in the hospital or nursery per week,
averaged over the period of one (1) month.
c. The expectation is that holidays, days, nights, and weekend shifts will be
shared equitably between all providers in this classification.
d. Clinic Shifts may be substituted for hospital shifts with prior approval of Chief
Medical Officer or designee.
e. Clinical time and salaries for Providers working less than full time in this
classification will be pro-rated as follows:
i. Providers working 87.5% time will work 32 hours of scheduled
clinical time.
ii. Providers working 77.5% time will work 28 hours of scheduled
clinical time.
iii. Providers working 65% time will work 24 hours of scheduled clinical
time.
SECTION 6 - DAYS AND HOURS OF WORK
PDOCC - 24 - 2019-2022 MOU
iv. Providers working 55% time will work 20 hours of scheduled clinical
time.
2. Administrative Time Allocation.
a. Providers working full time (36 hours clinical) will receive four (4) hours of
administrative time.
b. Administrative time for Providers working less than full time will be pro-rated
as follows:
i. Providers working 87.5% time (32 hours clinical) will receive 3
hours of administrative time.
ii. Providers working 77.5% time (28 hours clinical) will receive 3
hours of administrative time.
iii. Providers working 65% time (24 hours clinical) will receive 2 hours
of administrative time.
iv. Providers working 55% time (20 hours clinical) will receive 2 hours
of administrative time.
c. Failure to maintain compliance with regulatory requirements, medical staff
bylaws, or administrative policy requirements may result in a reassignment of
administrative time to direct patient care time as follows: The Provider must
be given a written first notice of the acts of noncompliance along with
instructions on what steps must be taken to achieve compliance. The
timeline to achieve compliance shall be included in the notice. If the Provider
after that time period is not able to achieve compliance, then the Provider will
be provided a second written notice. That notice shall include notice of
reassignment of administrative time to direct patient care time and appeal
rights. The Provider may appeal within five (5) business days of receipt of
the second written notice by submitting a written request to the CMO (or
designee) to contest the findings or timeline. The CMO (or designee) shall
review the appeal from the Provider and issue a final determination on the
findings within ten (10) business days. If the Provider does not appeal, or if
the CMO (or designee) denies the appeal, the Provider will have
administrative time reassigned to direct patient care time for one month for
each notice of noncompliance.
d. Providers are expected to fulfill all of their administrative responsibilities
associated with their work assignment regardless of how long they take to
complete.
Primary Care Provider - Exempt
1. Clinical Time Allocation.
a. Providers in this classification will be scheduled weekly.
b. Providers working a full time schedule in this classification will work thirty-six
(36) hours of scheduled clinical time. The required clinical time will consist of
a minimum of seven (7) qualifying clinic blocks.
c. Clinical time and salaries for Providers working less than full time in this
classification will be pro-rated as follows:
i. Providers working 87.5% time will work 32 hours of scheduled
clinical time.
SECTION 6 - DAYS AND HOURS OF WORK
PDOCC - 25 - 2019-2022 MOU
ii. Providers working 77.5% time will work 28 hours of scheduled
clinical time.
iii. Providers working 65% time will work 24 hours of scheduled clinical
time.
iv. Providers working 55% time will work 20 hours of scheduled clinical
time.
A minimum of seven (7) qualifying clinic blocks for any Provider working
87.5% in this classification is required to remain in this classification. A
minimum of six (6) qualifying blocks for any Provider working 77.5% in this
classification is required to remain in this classification. A minimum of five
(5) qualifying blocks for any Provider working 65% or 55% in this
classification is required to remain in this classification.
d. Primary Care Providers must work one (1) weeknight clinic if assigned, per
month. Providers will not be assigned to weeknight clinics until the County
has attempted to staff the weeknight clinic first with volunteers or overtime
assignments. “Weeknight” for the purpose of this section is defined as
Monday – Thursday. Primary Care Providers whose weekly scheduled
clinical time in a month includes weeknight clinics are not required by this
section to work an additional weeknight clinic during that month. Additionally,
Primary Care Providers whose weekly scheduled clinical time includes more
than one weeknight clinic are not permitted to reduce their weeknight clinic
assignments under this section.
2. Administrative Time Allocation.
a. Providers working full time (36 hours clinical) will receive four (4) hours of
administrative time.
b. Administrative time for Providers working less than full time will be pro-rated
as follows:
i. Providers working 87.5% time (32 hours clinical) will receive 3 hours
of administrative time.
ii. Providers working 77.5% time (28 hours clinical) will receive 3 hours
of administrative time.
iii. Providers working 65% time (24 hours clinical) will receive 2 hours of
administrative time.
iv. Providers working 55% time (20 hours clinical) will receive 2 hours of
administrative time.
c. Failure to maintain compliance with regulatory requirements, medical staff
bylaws, or administrative policy requirements may result in a reassignment of
administrative time to direct patient care time as follows: The Provider must
be given a written first notice of the acts of noncompliance along with
instructions on what steps must be taken to achieve compliance. The
timeline to achieve compliance shall be included in the notice. If the Provider
after that time period is not able to achieve compliance, then the Provider will
be provided a second written notice. That notice shall include notice of
reassignment of administrative time to direct patient care time and appeal
rights. The Provider may appeal within five (5) business days of receipt of the
second written notice by submitting a written request to the CMO (or
designee) to contest the findings or timeline. The CMO (or designee) shall
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PDOCC - 26 - 2019-2022 MOU
review the appeal from the Provider and issue a final determination on the
findings within ten (10) business days. If the Provider does not appeal, or if
the CMO (or designee) denies the appeal, the Provider will have
administrative time reassigned to direct patient care time for one month for
each notice of noncompliance.
d. Providers are expected to fulfill all of their administrative responsibilities
associated with their work assignment regardless of how long they take to
complete.
3. Qualifying Clinics include the following:
a. Adult Medicine
b. Family Practice
c. Language Specific
d. Positive Health (HIV)
e. Perioperative
f. Med-Pain
g. Detention
h. Special Projects Qualifying
Clinics may be added or removed (due to a clinic no longer being needed or
offered as determined by the County) from this list at Management’s discretion.
Providers who have a qualifying clinic(s) that is eliminated from the list above will
be able to add another qualifying clinic(s) from the list to maintain their status in
the Primary Care Provider classification.
Primary Care Provider – Limited (Hired before November 1, 2019) - Exempt
1. Clinical Time Allocation.
a. Providers in this classification will be scheduled weekly.
b. Providers working a full time schedule in this classification will work thirty-six
(36) hours of scheduled clinical time. The required clinical time will consist of
a minimum of five (5) qualifying clinic blocks.
c. Clinical time and salaries for Providers working less than full time in this
classification will be pro-rated as follows:
i. Providers working 87.5% time will work 32 hours of scheduled
clinical time.
ii. Providers working 77.5% time will work 28 hours of scheduled
clinical time.
iii. Providers working 65% time will work 24 hours of scheduled clinical
time.
iv. Providers working 55% time will work 20 hours of scheduled clinical
time.
A minimum of five (5) qualifying clinic blocks for any Provider working in this
classification is required to remain in this classification.
d. Notwithstanding Exhibit C, Providers in this classification will not be required
to work more than five (5) qualifying clinic blocks per week. Management
retains all other rights to involuntarily change assignments as set forth in
Exhibit C.
SECTION 6 - DAYS AND HOURS OF WORK
PDOCC - 27 - 2019-2022 MOU
e. Primary Care Providers–Limited must work one (1) weeknight clinic if
assigned, per month. Providers will not be assigned to weeknight clinics until
the County has attempted to staff the weeknight clinic first with volunteers or
overtime assignments. “Weeknight” for the purpose of this section is defined
as Monday – Thursday. Primary Care Providers whose weekly scheduled
clinical time in a month includes weeknight clinics are not required by this
section to work an additional weeknight clinic during that month. Additionally,
Primary Care Providers whose weekly scheduled clinical time includes more
than one weeknight clinic are not permitted to reduce their weeknight clinic
assignments under this section without the prior approval of the CMO or
designee.
2. Administrative Time Allocation.
a. Providers working full time (36 hours clinical) will receive four (4) hours of
administrative time.
b. Administrative time for Providers working less than full time will be pro-rated
as follows:
i. Providers working 87.5% time (32 hours clinical) will receive 3
hours of administrative time.
ii. Providers working 77.5% time (28 hours clinical) will receive 3
hours of administrative time.
iii. Providers working 65% time (24 hours clinical) will receive 2 hours
of administrative time.
iv. Providers working 55% time (20 hours clinical) will receive 2 hours
of administrative time.
c. Failure to maintain compliance with regulatory requirements, medical staff
bylaws, or administrative policy requirements may result in a reassignment of
administrative time to direct patient care time as follows: The Provider must
be given a written first notice of the acts of noncompliance along with
instructions on what steps must be taken to achieve compliance. The
timeline to achieve compliance shall be included in the notice. If the Provider
after that time period is not able to achieve compliance, then the Provider will
be provided a second written notice. That notice shall include notice of
reassignment of administrative time to direct patient care time and appeal
rights. The Provider may appeal within five (5) business days of receipt of
the second written notice by submitting a written request to the CMO (or
designee) to contest the findings or timeline. The CMO (or designee) shall
review the appeal from the Provider and issue a final determination on the
findings within ten (10) business days. If the Provider does not appeal, or if
the CMO (or designee) denies the appeal, the Provider will have
administrative time reassigned to direct patient care time for one month for
each notice of noncompliance.
d. Providers are expected to fulfill all of their administrative responsibilities
associated with their work assignment regardless of how long they take to
complete.
3. Opt-in Period for Primary Care Provider–Limited Classification.
a. Providers currently scheduled for fewer than five (5) qualifying clinic blocks
can choose to modify their schedules to qualify for placement in the Primary
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PDOCC - 28 - 2019-2022 MOU
Care Provider-Limited classification within sixty (60) days of ratification of the
MOU.
b. The Department will have six (6) months to place the Provider in a Limited
group qualifying schedule. Providers requesting to opt-in to the Limited
classification shall remain classified as Ambulatory Care Providers (and
receive compensation under the salary schedule for Ambulatory Care
Provider) until their qualifying schedule for Primary Care Provider–Limited
status is implemented. After six (6) months, the Provider will automatically
be transferred into the Limited group and shall receive compensation as a
Limited group Provider.
c. Providers who miss the deadline to opt-in to the Limited classification will still
have the option of moving to the Primary Care classification in accordance
with the Primary Care classification job expectations.
d. This election section is limited to the successor MOU following the 2008-
2016 MOU.
4. Qualifying Clinics include the following:
a. Adult Medicine
b. Family Practice
c. Language Specific
d. Positive Health (HIV)
e. Perioperative
f. Hematology-Oncology
g. Neurology
h. Med-Pain
i. Detention
j. Special Projects Qualifying
Clinics may be added or removed (due to a clinic no longer being needed or
offered as determined by the County) from this list at Management’s discretion.
Providers who have a qualifying clinic(s) that is eliminated from the list above will
be able to add another qualifying clinic(s) from the list to maintain their status in
the Primary Care Provider–Limited classification.
Psychiatrist – Adult - Exempt
Clinical Time Allocation.
a. Ambulatory providers in this classification will be scheduled weekly.
b. Hospital providers in this classification will be scheduled monthly.
c. Providers working a full time schedule in this classification will work forty (40)
hours weekly of scheduled clinical time.
d. Providers must work one (1) weeknight clinic if assigned, per month.
Providers will not be assigned to weeknight clinics until the County has
attempted to staff the weeknight clinic first with volunteers or overtime
assignments. “Weeknight” for the purpose of this section is defined as
Monday – Thursday. Providers whose weekly scheduled clinical time in a
month includes weeknight clinics are not required by this section to work an
additional weeknight clinic during that month. Additionally, Providers whose
SECTION 6 - DAYS AND HOURS OF WORK
PDOCC - 29 - 2019-2022 MOU
weekly scheduled clinical time includes more than one weeknight clinic are
not permitted to reduce their weeknight clinic assignments under this section.
Psychiatrist – Pediatric - Exempt
Clinical Time Allocation.
a. Ambulatory providers in this classification will be scheduled weekly.
b. Hospital providers in this classification will be scheduled monthly.
c. Providers working a full time schedule in this classification will work forty (40)
hours weekly of scheduled clinical time.
d. Providers must work one (1) weeknight clinic if assigned, per month.
Providers will not be assigned to weeknight clinics until the County has
attempted to staff the weeknight clinic first with volunteers or overtime
assignments. “Weeknight” for the purpose of this section is defined as
Monday – Thursday. Providers whose weekly scheduled clinical time in a
month includes weeknight clinics are not required by this section to work an
additional weeknight clinic during that month. Additionally, Providers whose
weekly scheduled clinical time includes more than one weeknight clinic are
not permitted to reduce their weeknight clinic assignments under this section.
Psychiatrist – PES/Detention - Exempt
Clinical Time Allocation.
a. Providers working in this classification will be scheduled monthly.
b. Providers working full time in this classification will work forty (40) hours of
scheduled clinical time per week.
Resident
Expectation of work will be in accordance with the Residency Director and Accreditation
Council for Graduate Medical Education (ACGME) requirements.
6.9 Increase in Hours. Permanent-intermittent and permanent part-time employees
who wish to have the hours of their position increased, must make a written request to the
appointing authority during the months of April and/or October for the duration of the new
MOU.
The Appointing Authority reviewing these requests will evaluate them within thirty (30) days
of their receipt, considering among other matters the actual hours assigned to and worked
by the employee during the previous 6 months, the anticipated continuing need for their
assignment for additional hours and operational requirements.
Those requests which are approved by the department for an increase in hours will be
submitted for consideration by the County as a P-300 request within an additional sixty (60)
days. The employee will be notified in writing with an explanation of requests not approved.
PDOCC will be copied on all denials.
SECTION 7 - HOLIDAYS
PDOCC - 30 - 2019-2022 MOU
6.10 Time Stamping. Permanent Intermittent (hourly) employees must time stamp in
and out as they begin and end their work shifts and take meal periods. Permanent full-time
and part-time employees on a weekly schedule must report time off and time worked for
special pays on the electronic timecard. Permanent full-time and part-time employees on a
monthly schedule must report start and end times on each day worked, time off, and time
worked for special pays on the electronic timecard.
6.11 Time Reporting and Pay Practices Waiver. PDOCC agrees to the implementation
of an Automated Timekeeping System. PDOCC waives its right to meet and confer
regarding any impacts that may result from the County’s implementation of an automated
timekeeping system, including but not limited to, changes to current departmental time
reporting and pay practices. PDOCC agrees to convert from the current payroll cycle when
the County is able to upgrade the current payroll system or implement a new County
payroll system.
SECTION 7 - HOLIDAYS
7.1 Holidays Observed. The County will observe the following holidays:
A. January 1st, known as New Year’s Day
Third Monday in January known as Dr. M. L. King, Jr. Day
Third Monday in February, known as Presidents Day
The last Monday in May, known as Memorial Day
July 4th, known as Independence Day
First Monday in September, known as Labor Day
November 11th, known as Veterans Day
Fourth Thursday in November, known as Thanksgiving Day
The day after Thanksgiving
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may by resolution designate as
holidays.
Any holiday observed by the County that falls on a Saturday is observed on the
preceding Friday and any holiday that falls on a Sunday is observed on the following
Monday.
B. Each full time employee will accrue two (2) hours of personal holiday leave per
month. Each part time employee will accrue a pro-rated number of hours of
personal holiday leave per month. No employee may accrue more than forty (40)
hours of personal holiday leave. On separation from County service, an employee
will be paid for any unused personal holiday leave at the employee's then current
pay rate.
C. Employees who are scheduled monthly shall have their obligate hours reduced by
the number of holiday hours each month. Employees who are scheduled monthly
and who work on any County observed holiday (as specified in Section 7.1.A), shall
have those hours worked on the holiday count towards the employee’s designated
SECTION 7 - HOLIDAYS
PDOCC - 31 - 2019-2022 MOU
position hours for that month.
7.2 Holiday is NOT Worked and Holiday Falls on Scheduled Work Day
A. Holiday Observed – Full-Time Employees: Each full-time employee is entitled to
observe a holiday (8 hours off work), without a reduction in pay whenever a holiday
is observed by the County. When a full-time employee is scheduled to work less
than eight (8) hours on a holiday and the employee observes the holiday, the
employee is also entitled to receive flexible pay at the rate of one (1.0) times his/her
base rate of pay (not including differentials) for the difference between eight (8)
hours and the hours the employee was scheduled to work on the holiday.
B. Holiday Observed in Excess of Eight (8) hours – Full-Time Employees: When a
holiday falls on a full-time employee’s scheduled workday, the employee is entitled
to only eight (8) hours off work without a reduction in pay. If the workday is a ten
(10) hour day, the employee must use two (2) hours of non-sick leave accruals. If
the workday is a twelve (12) hour day, the employee must use four (4) hours of non-
sick leave accruals. If the employee does not have any non-sick leave accrual
balances, leave without pay (AWOP) will be authorized.
C. Holiday Observed – Part-Time Employees: When a holiday is observed by the
County, each part-time employee is entitled to observe the holiday in the same ratio
as his/her number of position hours bears to forty (40) hours, multiplied by 8 (hours),
without a reduction in pay. For example, a part-time employee whose position
hours are 24 hours per week is entitled to 4.8 hours off work on a holiday (24/40
multiplied by 8 = 4.8). Hereinafter, the number of hours produced by this calculation
will be referred to as the “Part-Time employee’s holiday hours.”
When the number of hours in a part time employee’s scheduled work day that falls
on a holiday (“scheduled work hours”) is less than the employee’s “Part Time
employee’s holiday hours,” the employee is also entitled to receive flexible pay at
the rate of one (1.0) times his/her base rate of pay (not including differentials) for
the difference between the employee’s “scheduled work hours” and the employee’s
“Part time employee’s holiday hours.”
When the number of hours in a part time employee’s scheduled work day that falls
on a holiday (“scheduled work hours”) is more than the employee’s “Part Time
employee’s holiday hours,” the employee must use non-sick leave accruals for the
difference between the employee’s “scheduled work hours” and the employee’s
“Part Time employee’s holiday hours.” If the employee does not have any non-sick
leave accrual balances, leave without pay (AWOP) will be authorized.
7.3 Holiday is NOT Worked and Holiday Falls on Scheduled Day Off.
A. Full-Time Employee: When a holiday is observed by the County on the scheduled
day off of a full-time employee, the employee is entitled to take eight (8) hours off
work, without a reduction in pay, in recognition of the holiday. The employee is also
entitled to receive eight (8) hours of flexible pay at the rate of one (1.0) times his/her
base rate of pay (not including differentials) in recognition of his/her scheduled day
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PDOCC - 32 - 2019-2022 MOU
off.
B. Part-Time Employee: When a holiday is observed by the County on the scheduled
day off of a part-time employee, the part-time employee is entitled to observe the
holiday in the amount of the “Part-Time employee’s holiday hours,” without a
reduction in pay, in recognition of the holiday. The employee is also entitled to
receive flexible pay at the rate of 1.0 times his/her base rate of pay (not including
differentials) in the amount of the “Part-Time employee’s holiday hours” in
recognition of his/her scheduled day off.
7.4 Holiday is WORKED and Holiday Falls on Scheduled Work Day
A. Full-Time Employee: When a full-time employee works on a holiday that falls on the
employee’s scheduled work day, the employee is entitled to receive his/her regular
salary. The employee is also entitled to receive holiday pay at the rate of one (1.0)
times his/her base rate of pay (not including differentials) for all hours worked up to
a maximum of eight (8) hours. When a full-time employee is scheduled to work less
than 8 hours on a holiday (short shift) and the employee works that short shift, the
employee is also entitled to receive flexible pay at the rate of one (1.0) times his/her
base rate of pay (not including differentials) for the difference between eight (8)
hours and the short shift hours. When a full-time employee is scheduled to work
more than eight (8) hours on a holiday (long shift) and the employee works more
than the long shift hours, the employee is entitled to receive straight time pay at the
rate of one (1.0) times his/her base rate of pay (not including differentials) for all
hours worked beyond the long shift hours.
B. Part-Time Employee: When a part-time employee works on a holiday that falls on
the employee’s scheduled work day, the part-time employee is entitled to receive
his/her regular salary. The part-time employee is also entitled to receive holiday pay
at the rate of one (1.0) times his/her base rate of pay (not including differentials) for
all hours worked on the holiday, up to a maximum of eight (8) hours.
When a part-time employee is scheduled to work less than the employee’s “part-
time employee’s holiday hours” on a holiday (short shift) and the employee works
that short shift, the employee is also entitled to receive flexible pay at the rate of one
(1.0) times his/her base rate of pay (not including differentials) for the difference
between the “Part-time employee’s holiday hours” and the short shift hours
When a part-time employee is scheduled to work more than his/her “part-time
employee’s holiday hours” on a holiday (long shift) and the employee works more
than the long shift hours, the employee is entitled to receive straight time pay at the
rate of one (1.0) times his/her base rate of pay (not including differentials) for all
hours worked beyond the long shift hours.
7.5 Holiday is WORKED and Holiday Falls on Scheduled Day Off.
A. Full-Time Employee: When a full-time employee works on a holiday that falls on the
employee’s scheduled day off, the employee is entitled to receive his/her regular
salary. The employee is also entitled to receive straight pay at the rate of one (1.0)
SECTION 8 - VACATION LEAVE
PDOCC - 33 - 2019-2022 MOU
times his/her base rate of pay (not including differentials) for all hours worked on the
holiday. The employee is also entitled to receive eight (8) hours of flexible pay at
the rate of one (1.0) times his/her base rate of pay (not including differentials) in
recognition of his/her scheduled day off.
B. Part-Time Employee: When a part-time employee works on a holiday that falls on
the employee’s scheduled day off, the employee is entitled to receive his/her regular
salary. The part-time employee is also entitled to receive straight time pay at the
rate of one (1.0) times his/her base rate of pay (not including differentials) for all
hours worked on the holiday. The part-time employee is also entitled to receive
flexible pay at the rate of one (1.0) times his/her base rate of pay (not including
differentials) multiplied by the amount of the “Part-time employee’s holiday hours” in
recognition of his/her scheduled day off.
7.6 Permanent Intermittent Employee.
Holiday is Worked: Permanent intermittent employees who work on a holiday are
entitled to receive straight time pay at the rate of one (1.0) times his/her base rate of
pay (not including differentials) for all hours worked on the holiday.
SECTION 8 - VACATION LEAVE
8.1 Vacation Allowance.
A. Exempt Medical Staff members in permanent positions are entitled to vacations with
pay which accrue according to, and may be cumulated to maximums set forth in the
table below. Accrual is by hours of working time per calendar month of service and
begins on the date of appointment to a permanent position, except that increased
accruals granted in recognition of long service being on the first of the month
following the month in which the Exempt Medical Staff Member accrues the time set
forth in Subsection (b), and except that accrual for portions of a month shall be in
minimum amounts of one-tenth hour calculated on the same basis as for partial
month compensation pursuant to Section 5.6 – Compensation for Portion of Month.
Vacation credits may be used only after completion of six months service in a
permanent position but may be used by Exempt Medical Staff Members to
supplement exhausted sick leave in cases of absence during the first six months,
and in addition, by Exempt Medical Staff Resident Physicians in order to reconcile
vacation schedules to training needs.
An Exempt Medical Staff Resident Physician who is required by the Department to
schedule his/her vacation at the sole convenience of the Department in order to
accommodate training needs shall have the equivalent of one (1) year's accrual of
vacation credited at the beginning of each fiscal year's training program to
accommodate Departmental vacation scheduling prior to regular accruals on a
monthly basis. Exempt Medical Staff Resident Physicians may utilize this vacation
account credit in advance of the date the vacation is regularly accrued under the
provisions applying to all Exempt Medical Staff Physicians.
SECTION 9 - SICK LEAVE
PDOCC - 34 - 2019-2022 MOU
However, Resident Physicians who terminate before the end of a fiscal year's
training program shall have their vacation credit account adjusted downward to
equal the pro rata vacation they would have accrued on the regular accrual plan. If a
Resident Physician uses vacation accruals in excess of the adjusted entitlement
computed effective on his/her separation, the Resident shall reimburse the County
for the excess vacation accruals taken at his/her then current pay rate.
No vacation shall be allowed in excess of actual accrual at the time vacation is
taken. On separation from County service Exempt Medical Staff Members shall be
paid for any unused vacation credits at their then current pay rate.
B. The rates at which vacation credits accrue, and the maximum cumulation thereof,
are as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 15 years 10 240
15 through l9 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
8.2 Accrual During Leave Without Pay. No employee who has been granted a leave
without pay or unpaid military leave shall accrue any vacation credit during the time of such
leave, nor shall an employee who is absent without pay accrue vacation credit during the
absence.
8.3 Vacation Allowance for Separated Employees. On separation from County
service, an employee shall be paid for any unused vacation credits at the employee's then
current pay rate.
8.4 Vacation Preference. Vacation requests for unit members in the Hospital and
Clinics which are received in the Medical Staff Office at least thirty-five (35) days in
advance will be responded to within ten days of receipt of the request and will be approved
or denied based on the overall staffing considerations for the time requested. Vacation
requests which are received less than thirty-five (35) days in advance will also be
considered but preference will be given to those requests submitted with more than thirty-
five (35) days advance notice. Approved vacations will not be canceled except under
extreme circumstances.
SECTION 9 - SICK LEAVE
9.1 Purpose of Sick Leave. The primary purpose of paid sick leave is to ensure
employees against loss of pay for temporary absences from work due to illness or injury. It
is a benefit extended by the County and may be used only as authorized; it is not paid time
off which employees may use for personal activities.
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9.2 Credits to and Charges Against Sick Leave. Sick leave credits accrue at the rate
of eight (8) working hours credit for each completed month of service, as prescribed by
County Salary Regulations and Memoranda of Understanding. Employees who work a
portion of a month are entitled to a pro rata share of the monthly sick leave credit
computed on the same basis as is partial month compensation.
Credits to and charges against sick leave are made in minimum amounts of one-tenth hour
(6 minutes) increments.
Unused sick leave credits accumulate from year to year.
When an employee is separated other than through retirement, accumulated sick leave
credits shall be cancelled unless separation is involuntary and related to budget reductions,
in which case the employee may petition the County to restore accumulated credits if that
employee is reemployed within two years.
As of the date of retirement, an employee's accumulated sick leave is converted to
retirement on the basis of one day of retirement service credit for each day of accumulated
sick leave credit.
9.3 Policies Governing the Use of Paid Sick Leave. As indicated above, the primary
purpose of paid sick leave is to ensure employees against loss of pay for temporary
absences from work due to illness or injury. The following definitions apply:
Immediate Family means and includes only the spouse, son, stepson, daughter,
stepdaughter, father, stepfather, mother, stepmother, brother, sister, grandparent,
grandchild, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-
in-law, foster children, aunt, uncle, niece, nephew, cousin, stepbrother, stepsister, or
domestic partner of an employee and/or includes any other person for whom the employee
is the legal guardian or conservator, or any person who is claimed as a "dependent" for
IRS reporting purposes by the employee.
Employee means any person employed by Contra Costa County in an allocated position in
the County service.
Paid Sick Leave Credits means those sick leave credits provided for by County Salary
Regulations and memoranda of understanding.
Condition/Reason: With respect to necessary verbal contacts and confirmations which
occur between the department and the employee when sick leave is requested or verified,
a brief statement in non-technical terms from the employee regarding inability to work due
to injury or illness is sufficient.
Accumulated paid sick leave credits may be used, subject to appointing authority approval,
by an employee in pay status, but only in the following instances:
a. Temporary Illness or Injury of an Employee. Paid sick leave credits may be used
when the employee is off work because of a temporary illness or injury.
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b. Permanent Disability Sick Leave. Permanent disability means the employee suffers
from a disabling physical injury or illness and is thereby prevented from engaging in
any County occupation for which the employee is qualified by reason of education,
training or experience. Sick leave may be used by permanently disabled employees
until all accruals of the employee have been exhausted or until the employee is
retired by the Retirement Board, subject to the following conditions:
1. An application for retirement due to disability has been filed with the
Retirement Board.
2. Satisfactory medical evidence of such disability is received by the appointing
authority within thirty (30) days of the start of use of sick leave for permanent
disability.
3. The appointing authority may review medical evidence and order further
examination as deemed necessary, and may terminate use of sick leave
when such further examination demonstrates that the employee is not
disabled, or when the appointing authority determines that the medical
evidence submitted by the employee is insufficient, or where the above
conditions have not been met.
c. Communicable Disease. An employee may use paid sick leave credits when under
a physician's order to remain secluded due to exposure to a communicable disease.
d. Sick Leave Utilization for Pregnancy Disability. Employees whose disability is
caused or contributed to by pregnancy, miscarriage, abortion, childbirth, or recovery
therefrom, shall be allowed to utilize sick leave credit to the maximum accrued by
such employee during the period of such disability under the conditions set forth
below:
1. Application for such leave must be made by the employee to the appointing
authority accompanied by a written statement of disability from the
employee's attending physician. The statement must address itself to the
employee's general physical limitations having considered the nature of the
work performed by the employee, and it must indicate the date of the
commencement of the disability as well as the date the physician anticipates
the disability to terminate.
2. If an employee does not apply for leave and the appointing authority believes
that the employee is not able to properly perform her work or that her general
health is impaired due to disability caused or contributed to by pregnancy,
miscarriage, abortion, childbirth or recovery therefrom the employee shall be
required to undergo a physical examination by a physician selected by the
County. Should the medical report so recommend, a mandatory leave shall
be imposed upon the employee for the duration of the disability.
3. Sick leave may not be utilized after the employee has been released from
the hospital unless the employee has provided the County with a written
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statement from her attending physician stating that her disability continues
and the projected dates of the employee's recovery from such disability.
e. Medical and Dental Appointments. An employee may use paid sick leave credits:
1. For working time used in keeping medical and dental appointments for the
employee's own care; and
2. For working time used by an employee for prescheduled medical and dental
appointments for an immediate family member.
f. Emergency Care of Family. An employee may use paid sick leave credits for
working time used in cases of illness or injury to an immediate family member.
g. Death of Family Member. An employee may use paid sick leave credits for working
time used because of a death in the employee's immediate family or of the
employee’s domestic partner, but this shall not exceed three working days, plus up
to two days of work time for necessary travel. Use of additional accruals including
sick leave when appropriate may be authorized in conjunction with the bereavement
leave at the discretion of the appointing authority.
h. Legal Adoption of a Child. Paid sick leave credits may be used by an employee
upon adoption of the child.
i. Accumulated paid sick leave credits may not be used in the following situations:
1. Vacation. Paid sick leave credits may not be used for an employee's illness
or injury which occurs while he/she is on vacation but the County
Administrator may authorize it when extenuating circumstances exist and the
appointing authority approves.
2. Not in Pay Status. Paid sick leave credits may not be used when the
employee would otherwise be eligible to use paid sick leave credits but is not
in pay status.
9.4 Administration of Sick Leave. The proper administration of sick leave is a
responsibility of the employee and the department head. Unless otherwise provided in the
supplemental sections of this MOU, the following procedures apply:
a. Employee Responsibilities
1. Employees are responsible for notifying their department of an absence prior
to the commencement of their work shift or as soon thereafter as possible.
Notification shall include a statement that the absence is due to a medical
condition and possible duration of the absence.
2. Employees are responsible for keeping their department informed on a
continuing basis of their condition and probable date of return to work.
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3. Employees are responsible for obtaining advance approval from their
supervisor for the scheduled time of pre-arranged personal or family medical
and dental appointment.
4. Employees are encouraged to keep the department advised of (1) a current
telephone number to which sick leave related inquiries may be directed, and
(2) any condition(s) and/or restriction(s) that may reasonably be imposed
regarding specific locations and/or persons the department may contact to
verify the employee's sick leave.
b. Department Responsibilities. The use of sick leave may properly be denied if these
procedures are not followed. Abuse of sick leave on the part of the employee is
cause for disciplinary action.
Departmental approval of sick leave is a certification of the legitimacy of the sick
leave claim. The department head or designee may make reasonable inquiries
about employee absences. The department may require medical verification for an
absence of three (3) or more working days. The department may also require
medical verification for absences of less than three (3) working days for probable
cause if the employee had been notified in advance in writing that such verification
was necessary. Inquiries may be made in the following ways:
1. Calling the employee's residence telephone number or other contact
telephone number provided by the employee if telephone notification was not
made in accordance with departmental sick leave call-in guidelines. These
inquiries shall be subject to any restrictions imposed by the employee.
2. Obtaining the employee's signature on the Absence/Overtime Record, or on
another form established for that purpose, as employee certification of the
legitimacy of the claim.
3. Obtaining the employee's written statement regarding the sick leave claim
and duration.
4. Requiring the employee to obtain a physician's certificate or verification of
the employee's illness, date(s) the employee was incapacitated, and the
employee's ability to return to work, as specified above.
5. In absences of an extended nature, requiring the employee to obtain from
their physician a statement of progress and anticipated date on which the
employee will be able to return to work, as specified above.
Department heads are responsible for establishing timekeeping procedures
which will insure the submission of a time card covering each employee
absence and for operating their respective offices in accordance with these
policies and with clarifying regulations issued by the Office of the County
Administrator.
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To help assure uniform policy application, the Human Resources Director or
designated management staff of the County Human Resources Department
should be contacted with respect to sick leave determinations about which
the department is in doubt.
9.5 Disability.
A. An employee physically or mentally incapacitated for the performance of duty is
subject to dismissal, suspension or demotion, subject to the County Employees
Retirement Law of 1937. An appointing authority after giving notice may place an
employee on leave if the appointing authority has filed an application for disability
retirement for the employee, or whom the appointing authority believes to be
temporarily or permanently physically or mentally incapacitated for the performance
of the employee’s duties.
B. An appointing authority who has reasonable cause to believe that there are physical
or mental health conditions present in an employee which endanger the health or
safety of the employee, other employees, or the public, or which impair the
employee's performance of duty, may order the employee to undergo at County
expense and on the employees paid time a physical, medical examination by a
licensed physician and/or a psychiatric examination by a licensed physician or
psychologist, and receive a report of the findings on such examination. If the
examining physician or psychologist recommends that treatment for physical or
mental health problems, including leave, are in the best interests of the employee or
the County in relation to the employee overcoming any disability and/or performing
his or her duties the appointing authority may direct the employee to take such
leave and/or undergo such treatment.
C. Leave due to temporary or permanent disability shall be without prejudice to the
employee's right to use sick leave, vacation, or any other benefit to which the
employee is entitled other than regular salary. The Human Resources Director may
order lost pay restored for good cause and subject to the employee's duty to
mitigate damages.
D. Before an employee returns to work from any absence for illness or injury, other
leave of absence or disability leave, exceeding two weeks in duration, the
appointing authority may order the employee to undergo at County expense a
physical, medical, and/or psychiatric examination by a licensed physician, and may
consider a report of the findings on such examination. If the report shows that such
employee is physically or mentally incapacitated for the performance of duty, the
appointing authority may take such action as he/she deems necessary in
accordance with appropriate provisions of this MOU.
9.6 Workers' Compensation. A permanent non-safety employee shall continue to
receive the appropriate percent of regular monthly salary during any period of
compensable temporary disability absence not to exceed one year. For all accepted claims
filed with the County on or after January 1, 2008, the percentage of regular monthly salary
for employees entitled to Workers’ Compensation shall be seventy-five percent (75%). If
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Workers' Compensation becomes taxable, the parties shall meet and confer with respect to
the salary continuation and funding of the increased cost.
A. Waiting Period. There is a three (3) calendar day waiting period before Workers'
Compensation benefits commence. If the injured worker loses any time on the day
of injury, that day counts as day one (1) of the waiting period. If the injured worker
does not lose time on the date of injury, the waiting period will be the first three (3)
calendar days the employee does not work as a result of the injury. The time the
employee is scheduled to work during this waiting period will be charged to the
employee's sick leave and/or vacation accruals. In order to qualify for Workers'
Compensation the employee must be under the care of a physician. Temporary
compensation is payable on the first three (3) days of disability when the injury
necessitates hospitalization, or when the disability exceeds fourteen (14) days.
B. Continuing Pay. A permanent employee shall receive the appropriate percentage
as outlined above of regular monthly salary during any period of compensable
temporary disability not to exceed one year. Payment of continuing pay and/or
temporary disability compensation shall be made in accordance with Part 2, Article
3 of the Workers’ Compensation Laws of California. "Compensable temporary
disability absence" for the purpose of this Section, is any absence due to work
connected disability which qualifies for temporary disability compensation as set
forth in Part 2, Article 3 of the Workers’ Compensation Laws of California. When
any disability becomes medically permanent and stationary and/or reaches
maximum medical improvement, the salary provided by this Section shall terminate.
No charge shall be made against sick leave or vacation for these salary payments.
Sick leave and vacation rights shall not accrue for those periods during which
continuing pay is received.
Employees shall be entitled to a maximum of one (1) year of continuing pay benefits
for any one injury or illness.
C. Continuing pay begins at the same time that temporary Workers' Compensation
benefits commence and continues until either the member is declared medically
permanent/stationary and/or reaches maximum medical improvement, or until one
(1) year of continuing pay, whichever comes first provided the employee remains in
an active employed status. Continuing pay is automatically terminated on the date
an employee is separated from County service by resignation, retirement, layoff, or
the employee is no longer employed by the County. In these instances, employees
will be paid Workers’ Compensation benefits as prescribed by Workers’
Compensation laws. All continuing pay will be cleared through the County
Administrator’s Office, Risk Management Division.
Whenever an employee who has been injured on the job and has returned to work
is required by an attending physician to leave work for treatment during working
hours, the employee shall be allowed time off up to three (3) hours for such
treatment without loss of pay or benefits, provided the employee notifies his/her
supervisor of the appointment at least three (3) working days prior to the
appointment or as soon as the employee becomes aware the appointment has
been made. Said visits are to be scheduled contiguous to either the beginning or
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end of the scheduled work day whenever possible. This provision applies only to
injuries/illnesses that have been accepted by the County as work related.
D. If an injured employee remains eligible for temporary disability beyond one year,
applicable salary will continue by integrating sick leave and/or vacation accruals with
workers' compensation benefits (vacation charges to be approved by the
department and the employee). If salary integration is no longer available, workers'
compensation benefits will be paid directly to the employee as prescribed by
workers' compensation laws.
E. Health Insurance. The County contribution to the employee's group insurance
plan(s) continues during the continuing pay period and during integration of sick
leave or vacation with workers' compensation benefits.
F. Method of Integration. An employee's sick leave and/or vacation charges shall be
calculated as follows:
C = 8 [1 - (W ÷ S)]
C = Sick leave or vacation charge per day (in hours)
W = Statutory Workers' Compensation for a month
S = Monthly salary
For example: W = $960.00/mo. W orkers' Compensation
S = $1667.00 per month salary
8 = 8 hours
C = Hours to be charged to Sick Leave
C = 8 1 - ($960 ÷ $1,667)
C = 8 1 - (.5758)
C = 8 (.4242)
C = 3.39
3 hours chargeable to sick leave
5 hours chargeable to Workers' Comp.
9.7 Accrual During Leave Without Pay. No employee who has been granted a leave
without pay or an unpaid military leave shall accrue any sick leave credits during the time of
such leave nor shall an employee who is absent without pay accrue sick leave credits
during the absence.
9.8 State Disability Insurance. Upon notification from PDOCC of the bargaining
unit decision to participate in the California State Disability Insurance (SDI) program,
the County will work with PDOCC to facilitate participation.
SECTION 10 - LEAVE OF ABSENCE
10.1 Leave Without Pay. Any employee who has permanent status may be granted a
leave of absence without pay upon written request, approved by the appointing authority;
provided, however, that leaves for pregnancy, pregnancy disability, serious health
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conditions, and family care shall be granted in accordance with applicable state and federal
law.
10.2 General Administration - Leaves of Absence. Requests for leave of absence
without pay shall be made upon forms prescribed by the Director of Human Resources and
shall state specifically the reason for the request, the date when it is desired to begin the
leave, and the probable date of return.
Insofar as pregnancy disability leave is used under Section 9.3.d – Sick Leave Utilization
for Pregnancy Disability, that time will not be considered a part of the eighteen (18) week
family leave period. Additionally, an employee may choose to remain in a pay status by
using available sick leave (under conditions specified in Section 9.3 - Policies Governing
the Use of Paid Sick Leave), vacation, floating holiday or compensatory time off
entitlements during the eighteen (18) week family leave; however, use of accruals must be
on a continuous basis from the beginning of the family leave period and may not be broken
into segments used on a monthly basis. Family leave must be requested at least thirty (30)
days prior to the scheduled leave commencement date unless an exigency arises.
A. Leave without pay may be granted for any of the following reasons:
1. illness, disability, or serious health condition;
2. pregnancy or pregnancy disability;
3. family care;
4. to take a course of study such as will increase the employee's usefulness on
return to the position;
5. for other reasons or circumstances acceptable to the appointing authority.
B. An employee must request family care leave at least thirty (30) days before the
leave is to begin if the need for the leave is foreseeable. If the need is not
foreseeable, the employee must provide written notice to the employer within five
(5) days of learning of the event by which the need for family care leave arises.
C. A leave without pay may be for period not to exceed one (1) year, provided the
appointing authority may extend such leave for additional periods. Procedure in
granting extensions shall be the same as that in granting the original leave, provided
that the request for extension must be made not later than thirty (30) calendar days
before the expiration of the original leave.
D. Nevertheless, a leave of absence for the employee's serious health condition or for
family care (FMLA) shall be granted to an employee who so requests it for up to
eighteen (18) weeks during a “rolling” twelve (12) month period measured backward
from the date the employee uses his/her FMLA leave in accordance with Section
10.4 - Family Care Leave or Medical Leave, below.
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E. Whenever an employee who has been granted a leave without pay desires to return
before the expiration of such leave, the employee shall submit a request to the
appointing authority in writing at least fifteen (15) days in advance of the proposed
return. Early return is subject to prior approval by the appointing authority. The
Human Resources Department shall be notified promptly of such return.
F. Except in the case of leave of absence due to family care, pregnancy, pregnancy
disability, illness, disability, or serious health condition, the decision of the
appointing authority on granting or denying leave or early return from leave shall be
subject to appeal to the Human Resources Director and not subject to appeal
through the grievance procedure set forth in this MOU.
10.3 Military Leave. Any employee who is ordered to serve as a member of the State
Militia or the United States Army, Navy, Air Force, Marine Corps, Coast Guard or any
division thereof shall be granted a military leave for the period of such service, plus ninety
(90) days. Additionally, any employee who volunteers for service during a mobilization
under Executive Order of the President or Congress of the United States and/or the State
Governor in time of emergency, shall be granted a leave of absence in accordance with
applicable federal or state laws. Upon the termination of such service or upon honorable
discharge, the employee shall be entitled to return to his/her position in the classified
service provided such still exists and the employee is otherwise qualified, without any loss
of standing of any kind whatsoever.
An employee who has been granted a military leave shall not, by reason of such absence,
suffer any loss of vacation, holiday, or sick leave privileges which may be accrued at the
time of such leave, nor shall the employee be prejudiced thereby with reference to salary
adjustments or continuation of employment. For purposes of determining eligibility for
salary adjustments, time on military leave shall be considered as time in County service.
Any employee who has been granted a military leave, may upon return, be required to
furnish such evidence of performance of military service or of honorable discharge as the
Director of Human Resources may deem necessary.
10.4 Family Care Leave or Medical Leave. Upon request to the appointing authority,
during a “rolling” twelve (12) month period measured backward from the date the employee
uses his/her FMLA leave, any employee who has permanent status shall be entitled to at
least eighteen (18) weeks (less if so requested by the employee) leave for:
a. Medical leave of absence for the employee's own serious health condition which
makes the employee unable to perform the functions of the employee's position; or
b. family care leave of absence without pay for reason of the birth of a child of the
employee, the placement of a child with an employee in connection with the
adoption or foster care of the child by the employee, or the serious illness or health
condition of a child, parent, spouse, or domestic partner of the employee.
The employee may be asked to provide certification of the need for family care leave or
medical leave. Additional period(s) of family care or medical leave may be granted by the
appointing authority.
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The eighteen (18) weeks' entitlement may be in broken periods, intermittently on a regular
or irregular basis, or may include reduced work schedules depending on the specific
circumstances and situations surrounding the request for leave. The eighteen (18) weeks
may include use of appropriate available paid leave accruals when accruals are used to
maintain pay status, but use of such accruals is not required beyond that specified in
Section 10.8 - Leave Without Pay-Use of Accruals, below. When paid leave accruals are
used for a medical or family care leave, such time shall be counted as part of the eighteen
(18) week entitlement.
In the situation where husband and wife are both employed by the County, the family care
or medical leave entitlement based on the birth, adoption or foster care of a child is limited
to an aggregate for both employees together of eighteen (18) weeks during a “rolling”
twelve (12) month period measured backward from the date the employee uses his/her
FMLA leave. Employees requesting family care leave are required to advise their
appointing authority(ies) when their spouse is also employed by the County.
For medical and family care leaves of absence under this section, the following definitions
apply:
Child: A biological, adopted, or foster child, stepchild, legal ward, conservatee or a child
who is under eighteen (18) years of age for whom an employee stands in loco parentis or
for whom the employee is the guardian or conservator or an adult dependent child of the
employee.
Parent: A biological, foster, or adoptive parent, a stepparent, legal guardian, conservator,
or other person standing in loco parentis to a child.
Spouse: A partner in marriage as defined in California Civil Code Section 4100.
Domestic Partner: An unmarried person, eighteen (18) years or older, to whom the
employee is not related and with whom the employee resides and shares the common
necessities of life.
Serious Health Condition: An illness, injury, impairment, or physical or mental condition
which warrants the participation of a family member to provide care during a period of
treatment or supervision and involves either inpatient care in a hospital, hospice or
residential health care facility or continuing treatment or continuing supervision by a health
care provider (e.g., physician or surgeon) as defined by state and federal law.
Certification for Family Care Leave: A written communication to the employer from a
health care provider of a person for whose care the leave is being taken which need not
identify the serious health condition involved, but shall contain:
1. the date, if known, on which the serious health condition commenced;
2. the probable duration of the condition;
3. an estimate of the amount of time which the employee needs to render care or
supervision;
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4. a statement that the serious health condition warrants the participation of a family
member to provide care during a period of treatment, or supervision;
5. if for intermittent leave or a reduced work schedule leave, the certification should
indicate that the intermittent leave or reduced leave schedule is necessary for the
care of the individual or will assist in their recovery, and its expected duration.
Certification for Medical Leave: A written communication from a health care provider of an
employee with a serious health condition or illness, to the employer, which need not
identify the serious health condition involved, but shall contain:
1. the date, if known, on which the serious health condition commenced;
2. the probable duration of the condition;
3. a statement that the employee is unable to perform the functions of the employee's
job;
5. if for intermittent leave or a reduced work schedule leave, the certification should
indicate the medical necessity for the intermittent leave or reduced leave schedule
and its expected duration.
Comparable Position: A position with the same or similar duties and pay which can be
performed at the same or similar geographic location as the positions held prior to the
leave. Ordinarily, the job assignment will be the same duties in the same program area
located in the same city, although specific clients, caseload, co-workers, supervisor(s), or
other staffing may have changed during an employee's leave.
10.5 Pregnancy Disability Leave. Insofar as pregnancy disability leave is used under
Section 9.3.d - Sick Leave Utilization for Pregnancy Disability, that time will not be
considered a part of the eighteen (18) week family care leave period.
10.6 Group Health Plan Coverage. Employees who were members of one of the group
health plans prior to commencement of their leave of absence can maintain their health
plan coverage with the County contribution by maintaining their employment in pay status
as described in Section 10.8 - Leave Without Pay-Use of Accruals, below. During the
eighteen (18) weeks of an approved medical or family care leave under Section 10.4 -
Family Care Leave or Medical Leave, above the County will continue its contribution for
such health plan coverage even if accruals are not available for use to maintain pay status
as required under Section 10.8. In order to maintain such coverage, employees are
required to pay timely the full employee contribution to maintain their group health plan
coverage, either through payroll deduction or by paying the County directly.
10.7 Unauthorized Absence. An unauthorized absence from the work site or failure to
report for duty after a leave request has been disapproved, revoked, or cancelled by the
appointing authority, or at the expiration of a leave, shall be without pay. Such absence
may also be grounds for disciplinary action.
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10.8 Leave Without Pay - Use of Accruals.
A. All Leaves of Absence. During the first twelve (12) month period of any leave of
absence without pay, an employee may elect to maintain pay status each month by
using available sick leave (if so entitled under Section 9.3 - Policies Governing the
Use of Paid Sick Leave), vacation, floating holiday, compensatory time off or other
accruals or entitlements; in other words, during the first twelve (12) months, a leave
of absence without pay may be "broken" into segments and accruals used on a
monthly basis at the employee's discretion. After the first twelve (12) months, the
leave period may not be "broken" into segments and accruals may not be used,
except when required by LTD Benefit Coordination or as provided in the sections
below.
B. Family Care or Medical Leave. During the eighteen (18) weeks of an approved
medical or family care leave, if a portion of that leave will be on a leave of absence
without pay, the employee will be required to use at least 0.1 hour of sick leave (if
so entitled under Section 9.3 - Policies Governing the Use of Paid Sick Leave),
vacation, floating holiday, compensatory time off or other accruals or entitlements if
such are available, although use of additional accruals is permitted under
subsection A above.
C. Leave of Absence/Long Term Disability (LTD) Benefit Coordination. An eligible
employee who files an LTD claim and concurrently takes a leave of absence without
pay will be required to use accruals as provided in Section B herein during the
eighteen (18) week entitlement period of a medical leave specified in Section 10.4 -
Family Care Leave or Medical Leave above. If an eligible employee continues
beyond the eighteen (18) week entitlement period on a concurrent leave of
absence/LTD claim, the employee may choose to maintain further pay status only
as allowed under subsection A herein.
D. Sick leave accruals may not be used during any leave of absence, except as
allowed under Section 9.3 - Policies Governing the Use of Paid Sick Leave.
10.9 Leave of Absence Replacement and Reinstatement. Any permanent employee
who requests reinstatement to the classification held by the employee in the same
department at the time the employee was granted a leave of absence, shall be reinstated
to a position in that classification and department.
10.10 Reinstatement from Family Care Medical Leave. In the case of a family care or
medical leave, an employee on a 5/40 schedule shall be reinstated to the same or
comparable position if the return to work is after no more than 90 work days of leave from
the initial date of a continuous leave, including use of accruals, or within the equivalent on
an alternate work schedule. A full time employee taking an intermittent or reduced work
schedule leave shall be reinstated to the same or comparable position if the return to work
on a full schedule is after no more than 720 hours, including use of accruals, of intermittent
or reduced schedule leave. At the time the original leave is approved, the appointing
authority shall notify the employee in writing of the final date to return to work, or the
maximum number of hours of leave, in order to guarantee reinstatement to the same or
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comparable position. An employee on a schedule other than 5/40 shall have the time frame
for reinstatement to the same or comparable position adjusted on a pro rata basis.
10.11 Salary Review While on Leave of Absence. The salary of an employee who is on
leave of absence from a County position on any anniversary date and who has not been
absent from the position on leave without pay more than six (6) months during the
preceding year shall be reviewed on the anniversary date. Employees on military leave
shall receive salary increments that may accrue to them during the period of military leave.
10.12 Furlough Days Without Pay. Subject to the prior written approval of the appointing
authority, employees may elect to take furlough days or hours without pay (pre-authorized
absence without pay), up to a maximum of fifteen (15) calendar days for any one period.
Longer pre-authorized absences without pay are considered leaves of absence without
pay. Employees who take furlough time shall have their compensation for the portion of
the month worked computed in accord with Section 5.6 - Compensation for Portion of
Month of this MOU. Full time and part time employees who take furlough time shall have
their vacation, sick leave, floating holiday and any other payroll-computed accruals
computed as though they had worked the furlough time. When computing vacation, sick
leave, floating holiday and other accrual credits for employees taking furlough time, this
provision shall supersede Section 7 - Holidays, Subsection 7.1.b, Section 8 - Vacation
Allowance, and Section 9 - Sick Leave, of this MOU regarding the computation of vacation,
sick leave, floating holiday and other accrual credits as regards furlough time only. For
payroll purposes, furlough time (absence without pay with prior authorization of the
appointing authority) shall be reported separately from other absences without pay to the
Auditor-Controller. The existing VTO program shall be continued for the life of the contract.
10.13 Unpaid Sabbatical Leave. Unit members with six (6) years or more of service
credit may take up to 120 calendars days of unpaid leave of absence every six (6) years, if
an appropriate fill-in provider is available to assume the unit member’s regular
responsibilities. This leave is subject to the approval of the Health Services Director or
designee who will consider the timing of the leave and the suitability of the replacement
clinician. This provision is not grievable.
Employees on unpaid sabbatical leave shall not accrue any vacation, floating holiday or
sick leave credit during this time, nor shall they be paid for County holidays. In order to
continue their health benefits during this time, the employee must pay both the County and
their share of the health care premium cost.
Employees must request such leave in writing to the Health Services Director, including the
dates of leave and name of fill-in provider(s), at least ninety (90) calendar days before the
beginning of requested leave. Management will provide a written reply within thirty (30)
calendar days of the date of receipt of the request, including an explanation if the request
is denied.
SECTION 11 - JURY DUTY AND WITNESS DUTY
11.1 Jury Duty. For purposes of this Section, jury duty shall be defined as any time an
employee is obligated to report to the court.
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a. When called for jury duty, County employees, like other citizens, are expected to
discharge their jury duty responsibilities.
b. Employees shall advise their department as soon as possible if scheduled to appear
for jury duty.
c. If summoned for jury duty in a Superior, Federal Court, or for a Coroner's jury,
employees may remain in their regular pay status, or they may take paid leave
(vacation, floating holiday, etc.) or leave without pay and retain all fees and
expenses paid to them.
d. When an employee is summoned for jury duty selection or is selected as a juror in a
Superior or Federal Court, employees may remain in a regular pay status if they
waive all fees (other than mileage), regardless of shift assignment and the following
shall apply:
1. If an employee elects to remain in a regular pay status and waive or
surrender all fees (other than mileage allowances), the employee shall obtain
from the Clerk or Jury Commissioner a certificate indicating the days
attended and noting that fees other than mileage are waived or surrendered.
The employee shall furnish the court certificate to his/her department where
it shall be retained as a department record. No "Absence/Overtime Record"
must be submitted to the department payroll clerk.
2. An employee who elects to retain all fees must take leave (vacation, floating
holiday, etc.) or leave without pay. No court certificate is required but an
"Absence/Overtime Record" must be submitted to the department payroll
clerk.
e. Employees are not permitted to engage in any employment regardless of shift
assignment or occupation before or after daily jury service that would affect their
ability to properly serve as jurors.
f. An employee on short notice standby to report to court, whose job duties make
short notice response impossible or impractical, shall be given alternate work
assignments for those days to enable them to respond to the court on short notice.
g. When an employee is required to serve on jury duty, the County will adjust that
employee's work schedule to coincide with a Monday to Friday schedule for the
remainder of their service, unless the employee requests otherwise. Participants in
9/80 or 4/10 work schedules will not receive overtime or compensatory time credit
for jury duty on their scheduled days off.
h. Permanent-intermittent employees are entitled to paid jury duty leave only for those
days on which they were previously scheduled to work.
11.2 Witness Duty. Employees called upon as a witness or an expert witness in a case
arising in the course of their work or the work of another department may remain in their
regular pay status and turn over to the County all fees and expenses paid to them other
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than mileage allowance or they may take vacation leave or leave without pay and retain all
fees and expenses. Part-time employees who give depositions on a regular day off will be
paid at the straight time rate. Scheduling of depositions which would incur premium pay
shall be at the discretion of the appointing authority or designee.
Employees called to serve as witnesses in private cases or personal matters (e.g., accident
suits and family relations) shall take vacation leave or leave without pay and retain all
witness fees paid to them.
Employees shall advise their department as soon as possible if scheduled to appear for
witness duty. Permanent-intermittent employees are entitled to paid witness duty only for
those days on which they were previously scheduled to work.
SECTION 12 – MEDICAL, DENTAL & LIFE INSURANCE
12.1 Health Plan Coverages. The County will provide medical and dental coverage for
permanent employees regularly scheduled to work twenty (20) or more hours per week and
for their eligible family members, expressed in one of the Medical Plan contracts and one
of the Dental Plan contracts between the County and the following providers:
a. Contra Costa Health Plans (CCHP)
b. Kaiser Permanente Health Plan
c. Health Net
d. Delta Dental
Medical Plans:
All employees have access to the following medical plans:
1. CCHP Plan A & Plan B
2. Kaiser Permanente Plan A & Plan B
3. Health Net HMO Plan A & Plan B
4. Health Net PPO Plan A
5. Kaiser High Deductible Health Plan
Health Net PPO Plan B was eliminated for all employees beginning January 1, 2018.
In the event that one of the medical plans listed above meets the criteria for a high cost
employer-sponsored health plan that may be subject to an excise penalty (a.k.a. Cadillac
Tax) under the federal Patient Protection and Affordable Care Act (“ACA”) (42 U.S.C. §
18081), the Joint Labor/Management Benefit Committee will meet to consider plan design
and other changes in an effort to mitigate the negative impact of the excise penalty. If the
Committee is unable to make sufficient plan changes and the plan(s) continue to meet the
criteria for high cost employer-sponsored health plan(s), such plan(s) will be eliminated for
all employees.
12.2 County Health and Dental Plan Monthly Premium Subsidy:
A. County Premium Subsidy: The amount of the County subsidy that is paid for
employees and eligible family members is a set dollar amount and is not a
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percentage of the premium charged by the plan. The County will pay the
following monthly premium subsidy:
Health & Dental Plans Employee Employee +1
Dependent
Employee +2 or
More
Dependents
Contra Costa Health Plans (CCHP), Plan A $600.51 $1,430.76 $1,430.76
Contra Costa Health Plans (CCHP), Plan B $611.34 $1,452.65 $1,452.65
Kaiser Permanente Health Plans $614.78 $1,432.42 $1,432.42
Health Net HMO Plans $853.92 $2,094.74 $2,094.74
Health Net PPO Plans $753.81 $753.81 $1,790.70
Delta Dental PPO with CCHP A or B $41.60 $93.72 $93.72
Delta Dental PPO with Kaiser or Health Net $33.11 $74.59 $74.59
Delta Dental PPO without a Health Plan $42.44 $95.62 $95.62
DeltaCare HMO with CCHP A or B $28.48 $61.55 $61.55
DeltaCare HMO with Kaiser or Health Net $22.67 $48.99 $48.99
DeltaCare HMO without a Health Plan $29.05 $62.80 $62.80
B. If the County contracts with a health and/or dental plan provider not listed above,
the amount of the premium subsidy that the County will pay to that health and/or
dental plan provider for employees and their eligible family members shall not
exceed the amount of the premium subsidy that the County would have paid to the
former plan provider.
C. In the event that the County premium subsidy amounts are greater than one
hundred percent (100%) of the applicable premium of any medical or dental plan,
for any plan year, the County’s contribution will not exceed one hundred percent
(100%) of the applicable plan premium.
D. Joint Labor/Management Benefit Committee.
1. The Unions and County agree to create a Joint Labor/Management Benefit
Committee (“Benefit Committee”). The Benefit Committee will be composed of
two (2) representatives (not including Union/Association staff) from each
Union/Association in the County and Management representatives to be
determined. The Benefit Committee replaces the existing Healthcare Oversight
Committee. The existing Healthcare Coalition will remain, but may meet
quarterly.
2. The Benefit Committee will convene in order to 1) select a replacement medical
or dental plan in the event that a plan listed in this Section 12 is no longer
available; 2) design a wellness program; 3) discuss future medical, dental, or
vision plan design; or 4) assess the future impact of any excise tax pursuant to
the federal Patient Protection and Affordable Care Act (“ACA”) (42 U.S.C. §
18081) on any high cost medical plans offered by the County. If the Benefit
Committee is selecting a replacement medical or dental plan for a plan that is no
longer available, the selection must be unanimously agreed upon by the
Union/Association representatives on the Committee and any such selected plan
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will be available to employees represented by the Unions and incorporated into
their respective MOUs after ratification by each Union/Association.
3. Immediately upon adoption of an overall contract extension package agreement,
the County and the Coalition Union/Association Benefit Committee
representatives will work together as equal partners to 1) identify a new medical
plan carrier to replace Health Net, and 2) explore the costs of CalPERS Health
and other plan options including but not limited to the SEIU Taft-Hartley Trust
plans as possible future replacements with the goal of beginning with the 2020
plan year. Any replacement plans selected must not increase the County’s
retiree health costs.
4. The new medical plan carrier that will replace Health Net must include an HMO
plan and one plan providing out-of-network provider coverage.
5. Once all nine (9) Coalition Union/Association representatives on the Benefit
Committee and the County have agreed on the new medical plan carrier to
replace Health Net, the new medical plan will replace Health Net for all Coalition
Unions/Associations the following January 1.
6. Each year, County will coordinate a team composed of the County, the County’s
benefits consultant, and Union/Association Benefit Committee representatives,
to work as equal partners to provide input for the annual negotiations with the
medical plan providers over the plan premiums for the next plan year. The team
will have authority to make information requests, request and observe
presentations by the County’s healthcare consultant regarding premium rates
and ask questions, and help guide the strategy of the County in the annual
negotiations.
7. County and Unions/Associations of the Coalition will jointly work to educate
employees regarding the cost benefits of lower cost plans, including the Kaiser
High Deductible Health Plan.
8. County and Union/Association Benefit Committee representatives will jointly
work as equal partners to seek plan design changes across all plans that would
reduce costs and improve quality of care.
12.3 Retirement Coverage:
A. Upon Retirement:
1. Employees Hired On or Before December 12, 2006.
a. Upon retirement, and for the term of this agreement, eligible
employees and their eligible family members may remain in their
County health/dental plan, but without County-paid life insurance
coverage, if immediately before their proposed retirement the
employees and dependents are either active subscribers to one of the
County contracted health/dental plans or if while on authorized leave
of absence without pay, they have retained continuous coverage
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during the leave period. The County will pay the health/dental plan
monthly dollar premium subsidies for eligible retirees and their eligible
family members set forth in Section 12.2 (County Health and Dental
Plan Monthly Premium Subsidy).
2. Employees Hired between December 13, 2006 – October 31, 2013.
a. Upon retirement and for the term of this agreement, all employees
covered by Section 12.1, who were hired on or after December 13,
2006 and before November 1, 2013, are eligible for retiree health
coverage pursuant to the terms outlined in Section 12.3A(1)(a) above,
upon completion of fifteen (15) years of service as an employee of
Contra Costa County. For the purposes of retiree health eligibility,
one year of service is defined as one thousand (1,000) hours worked
within one anniversary year. The existing method of crediting service
while an employee is on an approved leave of absence will continue
for the duration of this agreement. The County will pay the
health/dental plan monthly premium subsidies for eligible retirees and
their eligible family members set forth in Section 12.2 (County Health
and Dental Plan Monthly Premium Subsidy).
3. Employees Hired On or After November 1, 2013:
a. Eligibility for Retiree Health Coverage: All employees covered by
Section 12.1 hired on or after November 1, 2013, are eligible for
retiree health/dental coverage pursuant to subsection (b), below, upon
completion of fifteen (15) years of service as an employee of Contra
Costa County. For purposes of retiree health eligibility, one year of
service is defined as one thousand (1,000) hours worked within one
anniversary year.
The existing method of crediting service while an employee is on an
approved leave of absence will continue for the duration of this
Agreement.
b. For eligible employees covered by Section 12.1 hired on or after
November 1, 2013, and their eligible family members, no monthly
premium subsidy will be paid by the County for any health or dental
plan after they separate from County employment. However, any
such eligible employee who retires under the Contra Costa County
Employees’ Retirement Association (“CCCERA”) may retain
continuous coverage of a county health or dental plan provided that (i)
he or she begins to receive a monthly retirement allowance from
CCCERA within 120 days of separation from County employment, (ii)
he or she pays the full premium cost under the health plan without
any County premium subsidy and (iii) immediately before their
proposed retirement the employees and dependents are either active
subscribers to one of the County contracted health/dental plans or if
while on authorized leave of absence without pay, they have retained
continuous coverage during the leave period.
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4. Any person who becomes age 65 on or after November 1, 2013, and who is
eligible for Medicare must immediately enroll in Medicare Parts A and B.
B. Employees Who File For Deferred Retirement: Employees, covered by Section
12.1, who resign and file for a deferred retirement and their eligible family members,
may continue in their County group health and dental plan under the following
conditions and limitations.
1. Health and dental coverage during the deferred retirement period is totally at
the expense of the employee, without any County contributions.
2. Life insurance coverage is not included.
3. To continue health and dental coverage, the employee must:
a. be qualified for a deferred retirement under the 1937 Retirement Act
provisions;
b. be an active member of a County group health and/or dental plan at
the time of filing their deferred retirement application and elect to
continue plan benefits;
c. be eligible for a monthly allowance from CCCERA and direct receipt
of a monthly allowance within twenty-four (24) months of application
for deferred retirement; and
d. file an election to defer retirement and to continue health benefits
hereunder with the County Benefits Division within thirty (30) days
before separation from County service.
4. Deferred retirees who elect continued health benefits hereunder and their
eligible family members may maintain continuous membership in their
County health and/or dental plan group during the period of deferred
retirement by paying the full premium for health and dental coverage on or
before the 10th of each month, to the Contra Costa County Human
Resources Department-Employee Benefits Division. When the deferred
retirees begin to receive retirement benefits, they will qualify for the same
health and/or dental plan coverage pursuant to Section 12.3.A - Upon
Retirement as similarly situated retirees who did not defer retirement.
5. Deferred retirees may elect retiree health benefits hereunder without electing
to maintain participation in their County health and/or dental plan during their
deferred retirement period. When they begin to receive retirement benefits,
they will qualify for the same coverage and/or dental coverage pursuant to
Section 12.3.A above, as similarly situated retirees who did not defer
retirement, provided reinstatement to a County group health and/or dental
plan will only occur following a three (3) full calendar month waiting period
after the month in which their retirement allowance commences.
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6. Employees who elect deferred retirement will not be eligible in any event for
County health or dental plan subvention unless the member draws a monthly
retirement allowance within twenty-four (24) months after separation from
County service.
7. Deferred retirees and their eligible family members are required to meet the
same eligibility provisions for health/dental plans as similarly situated retirees
who did not defer retirement.
C. Subject to the provisions of Section 12.3 subparts A, B, and D and upon retirement
and for the term of this agreement, the following employees (and their eligible family
members) are eligible to receive a monthly premium subsidy for health and dental
plans or are eligible to retain continuous coverage of such plans: permanent full
time employees (40/40) and permanent part time employees (whose positions are
designated as 20/40 or more), who retire from a position or classification that was
represented by this bargaining unit at the time of his or her retirement.
D. For purposes of this Section 12.3 only, ‘eligible family members’ does not include
Survivors of employees or retirees.
12.4 Family Member Eligibility Criteria: The following persons may be enrolled as the
eligible Family Members of a medical or dental plan Subscriber:
A. Health Insurance
1. Eligible Dependents:
a. Employee’s Legal Spouse
b. Employee’s qualified domestic partner
c. Employee’s child to age 26
d. Employee’s Disabled Child who is:
(1) Over age 26,
i. Unmarried; and,
ii. Incapable of sustaining employment due to a physical
or mental disability that existed prior to the child’s
attainment of age 19.
2. “Employee’s child” includes natural child, child of a qualified domestic
partner, step-child, adopted child and a child specified in a Qualified Medical
Child Support Order (QMCSO) or similar court order.
B. Dental Insurance
1. Eligible Dependents all dental plans:
a. Employee’s Legal Spouse
b. Employee’s qualified domestic partner
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c. Employee’s disabled child who is over age 19, unmarried, and
incapable of sustaining employment due to a physical or mental
disability that existed prior to the child’s attainment of age 19.
2. Delta Dental PPO Only:
Employee’s unmarried child who is:
(1) Under age 19; or
(2) Age 19, or above, but under age 24; and
i. Resides with the Employee for more than 50% of the year
excluding time living at school; and,
ii. Receives at least 50% of support from Employee; and
iii. Is enrolled and attends school on a full-time basis, as defined
by the School.
3. Delta Care HMO Only – Employee’s Child to age 26.
4. “Employee’s child” includes natural child, child of a qualified domestic
partner, step-child, adopted child and a child specified in a Qualified Medical
Child Support Order (QMCSO) or similar court order.
12.5 Dual Coverage:
A. On and after January 1, 2014, each employee and retiree may be covered only by a
single County health (or dental) plan, including a CalPERS plan. For example, a
County employee may be covered under a single County health and/or dental plan
as either the primary insured or the dependent of another County employee or
retiree, but not as both the primary insured and the dependent of another County
employee or retiree.
B. On and after January 1, 2014, all dependents, as defined by Section 12.4, Family
Member Eligibility Criteria, may be covered by the health and/or dental plan of only
one spouse or one domestic partner. For example, when both parents are County
employees, all of their eligible children may be covered as dependents of either
parent, but not both.
C. For purposes of this Section 12.5 only, “County” includes the County of Contra
Costa and all special districts governed by the Board of Supervisors, including, but
not limited to, the Contra Costa County Fire Protection District.
D. Optometrists. For employees in the classification Optometrist (VPS7), the dates set
forth in subsections A and B do not apply. Instead, this section 12.5 “Dual
Coverage” applies effective on and after January 1, 2010. With this exception, all
other provisions of section 12.5 apply.
12.6 Medical Plan Cost-Sharing with Active Employees on and after January 1,
2018.
A. Medical Plan Cost-Sharing for Active Employees for the 2018 Plan Year. For active
employees for the plan year that begins on January 1, 2018, the County will pay the
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monthly premium subsidy for medical plans stated below:
Medical Plans Employee Employee +1
Dependent
Employee +2 or
More
Dependents
Contra Costa Health Plans (CCHP), Plan A $574.45 $1,137.59 $1,778.56
Contra Costa Health Plans (CCHP), Plan B $598.08 $1,165.96 $1,882.99
Kaiser Permanente Health Plan A $452.41 $838.02 $1,544.88
Kaiser Permanente Health Plan B $463.73 $919.05 $1,463.45
Health Net HMO Plan A $821.30 $1,435.26 $2,735.98
Health Net HMO Plan B $767.68 $1,491.54 $2,377.76
Health Net PPO Plan A $926.10 $1,508.34 $3,349.90
Kaiser High Deductible Health Plan $461.96 $946.56 $1,432.15
B. Medical Plan Cost-Sharing for Active Employees for the 2019 Plan Year. For active
employees for the plan year that begins on January 1, 2019, the County will pay the
monthly premium subsidy for medical plans stated below:
1. For the Months of January through October:
Employee Medical Plans Monthly Premium County Monthly
Premium Subsidy
Employee Monthly
Premium Cost
Contra Costa Health Plans (CCHP), Plan A $812.06 $608.05 $204.01
Contra Costa Health Plans (CCHP), Plan B $900.19 $635.33 $264.86
Kaiser Permanente Health Plan A $877.30 $499.13 $378.17
Kaiser Permanente Health Plan B $697.28 $500.84 $196.44
Health Net HMO Plan A $1,677.56 $903.74 $773.82
Health Net HMO Plan B $1,166.55 $825.01 $341.54
Health Net PPO Plan A $2,340.40 $1,076.44 $1,263.96
Kaiser High Deductible Health Plan $559.68 $491.83 $67.85
Employee +1 Dependent Medical Plans Monthly Premium County Monthly
Premium Subsidy
Employee Monthly
Premium Cost
Contra Costa Health Plans (CCHP), Plan A $1,624.10 $1,204.79 $419.31
Contra Costa Health Plans (CCHP), Plan B $1,800.37 $1,240.45 $559.92
Kaiser Permanente Health Plan A $1,754.60 $931.46 $823.14
Kaiser Permanente Health Plan B $1,394.56 $993.28 $401.28
Health Net HMO Plan A $3,355.12 $1,600.14 $1,754.98
Health Net HMO Plan B $2,333.10 $1,606.20 $726.90
Health Net PPO Plan A $4,680.80 $1,809.03 $2,871.77
Kaiser High Deductible Health Plan $1,119.36 $1,006.30 $113.06
Employee +2 Dependent Medical Plans Monthly Premium County Monthly
Premium Subsidy
Employee Monthly
Premium Cost
Contra Costa Health Plans (CCHP), Plan A $2,436.18 $1,879.37 $556.81
Contra Costa Health Plans (CCHP), Plan B $2,700.56 $1,994.74 $705.82
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Kaiser Permanente Health Plan A $2,631.90 $1,685.05 $946.85
Kaiser Permanente Health Plan B $2,091.84 $1,574.80 $517.04
Health Net HMO Plan A $5,032.68 $2,983.30 $2,049.38
Health Net HMO Plan B $3,499.65 $2,549.75 $949.90
Health Net PPO Plan A $7,021.20 $3,800.93 $3,220.27
Kaiser High Deductible Health Plan $1,679.04 $1,521.76 $157.28
2. For the months of November through December:
Employee Medical Plans Monthly Premium County Monthly
Premium Subsidy
Employee Monthly
Premium Cost
Contra Costa Health Plans (CCHP), Plan A $812.06 $641.65 $170.41
Contra Costa Health Plans (CCHP), Plan B $900.19 $672.58 $227.61
Kaiser Permanente Health Plan A $877.30 $600.00 $277.30
Kaiser Permanente Health Plan B $697.28 $600.00 $97.28
Health Net HMO Plan A $1,677.56 $986.18 $691.38
Health Net HMO Plan B $1,166.55 $882.34 $284.21
Health Net PPO Plan A $2,340.40 $1,226.79 $1,113.61
Kaiser High Deductible Health Plan $559.68 $559.68 $0.00
Employee +1 Dependent Medical Plans Monthly Premium County Monthly
Premium Subsidy
Employee Monthly
Premium Cost
Contra Costa Health Plans (CCHP), Plan A $1,624.10 $1,271.99 $352.11
Contra Costa Health Plans (CCHP), Plan B $1,800.37 $1,314.95 $485.42
Kaiser Permanente Health Plan A $1,754.60 $1,200.00 $554.60
Kaiser Permanente Health Plan B $1,394.56 $1,200.00 $194.56
Health Net HMO Plan A $3,355.12 $1,765.02 $1,590.10
Health Net HMO Plan B $2,333.10 $1,720.86 $612.24
Health Net PPO Plan A $4,680.80 $2,109.72 $2,571.08
Kaiser High Deductible Health Plan $1,119.36 $1,119.36 $0.00
Employee +2 Dependent Medical Plans Monthly Premium County Monthly
Premium Subsidy
Employee Monthly
Premium Cost
Contra Costa Health Plans (CCHP), Plan A $2,436.18 $1,980.17 $456.01
Contra Costa Health Plans (CCHP), Plan B $2,700.56 $2,106.48 $594.08
Kaiser Permanente Health Plan A $2,631.90 $1,825.00 $806.90
Kaiser Permanente Health Plan B $2,091.84 $1,825.00 $266.84
Health Net HMO Plan A $5,032.68 $3,230.62 $1,802.06
Health Net HMO Plan B $3,499.65 $2,721.74 $777.91
Health Net PPO Plan A $7,021.20 $4,251.97 $2,769.23
Kaiser High Deductible Health Plan $1,679.04 $1,679.04 $0.00
D. Medical Plan Cost-Sharing for Active Employees on and after January 1, 2020.
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1. For active employees for the plan year that begins on January 1, 2020, the
County will move to a percentage-based cost sharing approach for medical care
premium subsidies. The County will pay seventy-five percent (75%) of the total
medical plan premium for the Employee and Employee +1 Dependent tiers of
the second lowest priced non-deductible HMO plan. The County will pay 76.5%
of the total medical plan premium for the Employee +2 or more Dependents tier
of the second lowest priced non-deductible HMO plan. These annual calculated
dollar amounts will be applied to all plans and tiers as described.
2. For active employees for the plan year that begins on January 1, 2021, the
County will pay seventy-eight and a half percent (78.5%) of the total medical
plan premium for each tier of the second lowest priced non-deductible HMO
plan. This annual calculated amount will be applied to all plans and tiers, except
Kaiser Permanente Health Plan B.
3. For active employees for the plan year that begins on January 1, 2022, and
each year thereafter, the County will pay eighty percent (80%) of the total
medical plan premium for each tier of the second lowest priced non-deductible
HMO plan. This annual calculated dollar amount will be applied to all plans and
tiers, except Kaiser Permanente Health Plan B.
4. For active employees for the plan year that begins on January 1, 2021, and
each year thereafter, for the Kaiser Permanente Health Plan B, employees will
pay at least the following share of the total medical plan premium:
Kaiser Permanente Health Plan B
Employee Monthly
Premium Cost
Employee $20.00
Employee +1 Dependent $40.00
Employee + 2 or More Dependents $60.00
5. In the event of a reduction in the premium for the second lowest priced non-
deductible HMO plan, the County will pay the premium subsidy for medical plans
that the County paid in the previous plan year.
E. Beginning 2022, the County will review technological advancements in the area of
benefits administration and consider asking any eligible employee who waives
County health insurance to provide proof of other health insurance coverage.
12.7 Life Insurance Benefit Under Health and Dental Plans: For employees who are
enrolled in the County’s program of medical or dental coverage as either the primary or the
dependent, term life insurance in the amount of ten thousand dollars ($10,000) will be
provided by the County.
12.8 Supplemental Life Insurance: In addition to the life insurance benefits provided by
this agreement, employees may subscribe voluntarily and at their own expense for
supplemental life insurance. Employees may subscribe for an amount not to exceed five
hundred thousand dollars ($500,000), of which one hundred thousand ($100,000) is a
guaranteed issue, provided the election is made within the required enrollment periods.
SECTION 12 – MEDICAL, DENTAL & LIFE INSURANCE
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12.9 Health Care Spending Account. After six (6) months of permanent employment,
employees may elect to participate in a Health Care Spending Account (HCSA) Program
designated to qualify for tax savings under Section 125 of the Internal Revenue Code, but
such savings are not guaranteed. The HCSA Program allows employees to set aside a
predetermined amount of money from their pay, not to exceed the maximum amount
authorized by federal law, per calendar year, before taxes, for health care expenses not
reimbursed by any other health benefit plans. HCSA dollars may be expended on any
eligible medical expenses allowed by Internal Revenue Code Section 125. Any unused
balance is forfeited and cannot be recovered by the employee.
12.10 PERS Long-Term Care: The County will deduct and remit monthly premiums to
the PERS Long-Term Care Administrator for employees who are eligible and voluntarily
elect to purchase long-term care at their personal expense through the PERS Long-Term
Care Program.
12.11 Voluntary Vision Plan: Beginning with the 2017 plan year, active permanent full-
time and active permanent part-time employees will be offered the opportunity to enroll in a
voluntary vision plan. Employees will pay the full premium costs of the plan. The County
will contract with a provider for a voluntary vision plan with no co-pays. The vision plan is
not available to temporary or permanent-intermittent employees.
12.12 Health Savings Account with High Deductible Health Plan: Active employees
who are enrolled in the Kaiser Permanente High Deductible Health Plan may select a
Health Savings Account (“HSA”) offered through Kaiser Permanente under the following
conditions and subject to any other laws, regulations or rules governing HSAs:
1. Only active employees who are enrolled in the Kaiser High Deductible Health
Plan may elect to initially enroll in the HSA. The HSA is not available to
permanent-intermittent or temporary employees.
2. Employees may only contribute up to the maximum annual contribution rate for
HSAs as set forth in the United States Internal Revenue Code.
3. Funds contributed to the HSA are invested as directed by the employee. The
County does not provide any recommendations or advice on investment or use
of HSA funds.
4. Employees are responsible for paying any HSA account management fees
charged by the HSA administrator.
5. The County does not manage or administer the HSAs.
For the 2020 Plan Year and each year thereafter, the County will contribute six hundred
and twenty-five dollars ($625) annually into the HSA for active employees who are
enrolled in the Kaiser Permanente High Deductible Health Plan and have an HSA. The
contribution will be made with the February 10 pay for the plan year.
12.13 Dependent Care Assistance Program: The County offers the option of enrolling in
a Dependent Care Assistance Program (DCAP) designed to qualify for tax savings under
Section 129 of the Internal Revenue Code, but such savings are not guaranteed. The
program allows employees to set aside up to five thousand dollars ($5,000) of annual
salary (before taxes) per calendar year to pay for eligible dependent care (child and elder
SECTION 12 – MEDICAL, DENTAL & LIFE INSURANCE
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care) expenses. Any unused balance is forfeited and cannot be recovered by the
employee.
12.14 Premium Conversion Plan: The County offers the Premium Conversion Plan
(PCP) designed to qualify for tax savings under Section 125 of the Internal Revenue Code,
but tax savings are not guaranteed. The program allows employees to use pre-tax dollars
to pay health and dental premiums.
12.15 Prevailing Section: To the extent that any provision of this Section (Section 12
Medical, Dental, & Life Insurance) is inconsistent with any provision of any other County
enactment or policy, including but not limited to Administrative Bulletins, the Salary
Regulations, the Personnel Management Regulations, or any other agreement or order of
the Board of Supervisors, the provision(s) of this Section (Section 12 – Medical, Dental, &
Life Insurance) will prevail.
12.16 Rate Information. The County Benefits Division will make health and dental plan
rate information available upon request to employees and departments. In addition, the
County Benefits Division will publish and distribute to employees and departments
information about rate changes as they occur during the year.
12.17 Coverage Upon Separation: An employee who separates from County
employment is covered by his/her County health and/or dental plan through the last day of
the month in which he/she separates. Employees who separate from County employment
may continue group health and/or dental plan coverage to the extent provided by the
COBRA laws and regulations.
12.18 Partial Month. The County's contribution to the health plan premium is payable for
any month in which the employee is paid. If an employee is not paid enough compensation
in a month to pay the employee share of the premium, the employee must make up the
difference by remitting the amount delinquent to the Auditor-Controller by the tenth (10th) of
each month. The responsibility for this payment rests with the employee. If payment is not
made, the employee shall be dropped from the health plan.
12.19 Coverage During Absences. Employees shall be allowed to maintain their health
plan coverage at the County group rate for twelve (12) months if on approved leave of
absence provided that the employee shall pay the entire premium (i.e. both employer and
employee share) for the health plan during said leave. Said payment shall be made by the
employee at a time and place specified by the County by the tenth (10th) of each month.
Late payment shall result in cancellation of health plan coverage.
An employee on leave in excess of twelve (12) months may continue group coverage
subject to the provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA)
provided the employee pays the entire cost of coverage, plus any administrative fees, for
the option selected. The entire cost of coverage shall be paid by the 10th of each month at
a place and time specified by the County. Late payment may result in cancellation of health
plan coverage with no reinstatement allowed.
12.20 Child Care. The County will continue to support the concept of non-profit child care
facilities similar to the “Kid’s at Work” program established in the Public Works Department.
SECTION 13 - RESIGNATIONS
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12.21 Health Benefit Coverage for Employees Not Otherwise Covered. To access
County health plans, an employee represented by the PDOCC who is not otherwise eligible
for health coverage by the County, must be eligible to receive an offer of coverage from the
County under the federal Patient Protection and Affordable Care Act (“ACA”) (42 U.S.C. §
18081). Employees eligible to receive an offer of coverage (and qualified dependents), will
be offered access to County health insurance plans. Employees will be responsible for the
full premium cost of coverage. This provision is not subject to the grievance process.
SECTION 13 - RESIGNATIONS
An employee's voluntary termination of service is a resignation. Written resignations shall
be forwarded to the Human Resources Department by the appointing authority immediately
on receipt, and shall indicate the effective date of termination. Oral resignation shall be
immediately confirmed by the appointing authority in writing to the employee and to the
Human Resources Department and shall indicate the effective date of termination.
13.1 Resignation in Good Standing. A resignation giving the appointing authority
written notice at least two (2) weeks in advance of the last date of service (unless the
appointing authority requires a longer period of notice, or consents to the employee's
terminating on shorter notice) is a resignation in good standing.
13.2 Constructive Resignation. A constructive resignation occurs and is effective
when:
a. An employee has been absent from duty for five (5) consecutive working days
without leave; and
b. five (5) more consecutive work days have elapsed without response by the
employee after the mailing of a notice of resignation by certified mail by the
appointing authority to the employee at the employee's last known address.
13.3 Expressed Resignation. A resignation is effective when delivered or spoken to the
appointing authority, operative either on that date or another date specified.
13.4 Revocation. A resignation that is effective is revocable only by written concurrence
of the employee and the appointing authority.
13.5 Coerced Resignations.
A. Time Limit. A resignation which the employee believes has been coerced by the
appointing authority may be revoked within seven (7) calendar days after its
expression, by serving written notice on the Director of Human Resources and a
copy to the appointing authority.
B. Reinstatement. If the appointing authority acknowledges that the employee could
have believed that the resignation was coerced, it shall be revoked and the
SECTION 14 - DISMISSAL, SUSPENSION, DEMOTION OR REDUCTION
IN PAY
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employee returned to duty effective on the day following the appointing authority's
acknowledgement.
C. Contest. Unless, within seven (7) days of the receipt of the notice, the appointing
authority acknowledges that the resignation could have been believed to be
coerced, this question should be handled as an appeal to the Director of Human
Resources.
D. Disposition. If the Director of Human Resources determines that the resignation was
coerced, the resignation shall be deemed revoked and the employee returned to
duty effective on the day following the decision but without loss of pay, subject to
the employee's duty to mitigate damages.
SECTION 14 - DISMISSAL, SUSPENSION, DEMOTION OR REDUCTION IN PAY
14.1 Sufficient Cause for Action. The appointing authority may dismiss, suspend,
temporarily reduce the pay of, or demote any employee for cause. The reduction in pay
may not exceed five percent (5%) for a three month period. The following are sufficient
causes for such action; the list is indicative rather than inclusive of restrictions and
dismissal, suspension or demotion may be based on reasons other than those specifically
mentioned:
a. absence without leave,
b. conviction of any criminal act involving moral turpitude,
c. conduct tending to bring the County into disrepute,
d. disorderly or immoral conduct,
e. inefficiency,
f. insubordination,
g. being at work under the influence of liquor or drugs, carrying onto the premises
liquor or drugs or consuming or using liquor or drugs during work hours and/or on
County premises,
h. neglect of duty (i.e. non-performance of assigned responsibilities),
I. negligent or willful damage to public property or waste of public supplies or
equipment,
j. violation of any lawful or reasonable regulation or order given by a supervisor or
Department Head,
k. willful violation of any of the provisions of the County's ordinance,
SECTION 14 - DISMISSAL, SUSPENSION, DEMOTION OR REDUCTION
IN PAY
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l. material and intentional misrepresentation or concealment of any fact in connection
with obtaining employment,
m. misappropriation of County funds or property,
n. unreasonable failure or refusal to undergo any physical, medical and/or psychiatric
exam and/or treatment authorized by this MOU,
o. dishonesty or theft,
p. excessive or unexcused absenteeism and/or tardiness,
q. sexual harassment, including but not limited to unwelcome sexual advances,
requests for sexual favors, and other verbal, or physical conduct of a sexual nature,
when such conduct has the purpose or effect of affecting employment decisions
concerning an individual, or unreasonably interfering with an individual's work
performance, or creating an intimidating and hostile working environment,
r. restriction or revocation of medical staff privileges.
14.2 Notice of Proposed Action. Before taking a disciplinary action to dismiss, suspend,
for more than five (5) work days, temporarily reduce the pay of, or demote an employee,
the appointing authority shall cause to be served personally or by certified mail, on the
employee, a Notice of Proposed Action, which shall contain the following:
a. A statement of the action proposed to be taken.
b. A copy of the charges; including the acts or omissions and grounds upon which the
action is based.
c. If it is claimed that the employee has violated a rule or regulation of the County,
department or district, a copy of said rule shall be included with the notice.
d. A statement that the employee may review and request copies of materials upon
which the proposed action is based.
e. A statement that the employee has seven (7) calendar days to respond to the
appointing authority either orally or in writing.
14.3 Employee Response. The employee upon whom a Notice of Proposed Action has
been served shall have seven (7) calendar days to respond to the appointing authority
either orally or in writing before the proposed action may be taken. Upon request of the
employee and for good cause, the appointing authority may extend in writing the period to
respond. If the employee's response is not filed within seven (7) days or during an
extension, the right to respond is lost.
SECTION 14 - DISMISSAL, SUSPENSION, DEMOTION OR REDUCTION
IN PAY
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14.4 Leave Pending Employee Response. Pending response to a Notice of Proposed
Action within the first seven (7) days or extension thereof, the appointing authority for
cause specified in writing may place the employee on temporary leave of absence, with
pay.
14.5 Length of Suspension. Suspensions without pay shall not exceed thirty (30) days
unless ordered by an arbitrator or an adjustment board.
14.6 Procedure on Dismissal, Suspension, Disciplinary Demotion, or Reduction in
Pay.
A. In any disciplinary action to dismiss, suspend, temporarily reduce the pay of, or
demote a permanent employee after having complied with the requirements of
Section 14.2 where applicable, the appointing authority shall make an order in
writing stating specifically the causes for the action.
B. Service of Order. Said order of dismissal, suspension, temporary reduction in pay,
or demotion shall be filed with the Director of Human Resources, showing by whom
and the date a copy was served upon the employee to be dismissed, suspended,
temporarily reduced in pay, or demoted, either personally or by certified mail to the
employee's last known mailing address. The order shall be effective either upon
personal service or deposit in the U. S. Postal Service.
C. Employee Appeals from Order. The employee may appeal an order of dismissal,
suspension, temporary reduction in pay, or demotion through the procedures of
Section 15 - Grievance Procedure, of this MOU provided that such appeal is filed in
writing with the Human Resources Director within ten (10) calendar days after
service of said order.
14.7 Employee Representation Rights. The County recognizes an employee’s right to
representation during an investigatory interview or meeting that may result in discipline.
The County shall not interfere with the representative’s right to assist an employee to clarify
the facts during the interview. If the employee requests a union representative, the
investigatory interview shall be temporarily recessed for a reasonable period of time until a
union representative can be present. For those interviews, which by nature of the incident
must take place immediately, the union will take reasonable steps to make a union
representative immediately available.
The employer shall inform the employee of the general nature of the investigation at the
time the employer directs the employee to be interviewed.
14.8 Disciplinary Investigations and Actions. During an investigation which could
result in disciplinary action, the County at the written request of the employee will notify the
employee every thirty (30) days of the status of the investigation, and the anticipated date
that the investigation will be concluded.
SECTION 15 - GRIEVANCE PROCEDURE
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At the written request of the employee, except in termination, all records of disciplinary
actions shall be destroyed five (5) years after the date of the disciplinary action, provided
that:
1. there is no further incident/s of counseling or disciplinary action; or
2. the document has not been cited in additional
disciplinary actions.
SECTION 15 - GRIEVANCE PROCEDURE
15.1 Definition and Procedural Steps. A grievance is any dispute which involves the
interpretation or application of any provision of this MOU excluding, however, those
provisions of this MOU which specifically provide that the decision of any County official
shall be final, the interpretation or application of those provisions not being subject to the
grievance procedure. PDOCC may represent the employee at any stage of the process.
Grievances must be filed within thirty (30) days of the incident or occurrence about which
the employee claims to have a grievance. Discipline appeals utilizing the grievance
procedure must be filed within the timeframe set forth in Section 14.6 – Procedure on
Dismissal, Suspension, Disciplinary Demotion, or Reduction in Pay. Grievances will be
processed in the following manner:
Step 1. Any employee, group of employees, or employee organization who believes that a
provision of this MOU has been misinterpreted or misapplied to his or her detriment shall
discuss the complaint with the employee's immediate supervisor, who shall meet with the
employee within five (5) days of receipt of a written request to hold such meeting.
Grievances challenging suspensions, reductions in pay, demotions and terminations may
be filed at Step 2 within the time frame set forth above.
Step 2. If a grievance is not satisfactorily resolved in Step 1 above, the grievant may
submit the grievance in writing within ten (10) work days to such management official as
the Department Head may designate. This formal written grievance shall state which
provision of the MOU has been misinterpreted or misapplied, how misapplication or
misinterpretation has affected the grievant to the grievant's detriment, and the redress the
grievant seeks. A copy of each written communication on a grievance shall be filed with the
Employee Relations Officer or his/her designee. The Department Head or his or her
designee shall have ten (10) work days in which to respond to the grievance in writing.
Step 3. If a grievance is not satisfactorily resolved in Step 2 above, the employee may
appeal in writing within ten (10) work days to the Employee Relations Officer or his/her
designee. The Employee Relations Officer or his/her designee shall have twenty (20) work
days in which to investigate the merit of the complaint, and to meet with the Department
Head and the grievant and attempt to settle the grievance and respond in writing.
Step 4. If the parties are unable to reach a mutually satisfactory accord on any grievance
that is presented at Step 3, the Union may appeal the grievance and request mediation in
writing to the Employee Relations Officer or his/her designee within ten (10) work days of
SECTION 15 - GRIEVANCE PROCEDURE
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the date of the written response at Step 3. This step of the grievance procedure may be
waived by the mutual written agreement of the parties.
Step 5. If a mediator is unable to resolve the grievance at Step 4, either the grievant or the
County may require that the grievance be referred to an impartial arbitrator who shall be
designated by mutual agreement between the employee and the Employee Relations
Officer or his/her designee. Such request shall be submitted within twenty (20) work days
of the conclusion of the mediation. Within twenty (20) work days of the request for
arbitration, the parties shall mutually select an arbitrator who shall render a decision within
thirty (30) work days from the date of final submission of the grievance including receipt of
the court reporter's transcript and post hearing briefs, if any. The fees and expenses of the
arbitrator and of the Court Reporter shall be shared equally by the employee and the
County. Each party, however, shall bear the costs of its own presentation, including
preparation and post hearing briefs, if any.
15.2 Scope of Arbitration Decisions.
A. Decisions of arbitrators on matters properly before them shall be final and binding
on the parties hereto, to the extent permitted by law.
B. No arbitrator shall entertain, hear, decide or make recommendations on any dispute
unless such dispute involves a position in a unit represented by PDOCC which has
been certified as the recognized employee organization for such unit and unless
such dispute falls within the definition of a grievance as set forth in Subsection 15.1
above.
C. Proposals to add to or change this MOU or to change written agreements
supplementary hereto shall not be arbitrable and no proposal to modify, amend or
terminate this MOU, nor any matter or subject arising out of or in connection with
such proposals, may be referred to arbitration under this Section. No arbitrator shall
have the power to amend or modify this MOU or written agreements supplementary
hereto or to establish any new terms or conditions of employment.
D. If the Employee Relations Officer or his/her designee, in pursuance of the
procedures outlined in Step 3 or Step 4 above, resolve a grievance which involves
suspension or discharge, they may agree to payment for lost time or to
reinstatement with or without payment for lost time.
E. No change in this MOU or interpretations thereof (except interpretations resulting
from arbitration proceedings hereunder) will be recognized unless agreed to by the
County and PDOCC.
15.3 Time Limits. The time limits specified above may be waived by mutual agreement
of the parties to the grievance. If the County fails to meet the time limits specified in Steps
1 through 3 above, the grievance will automatically move to the next step. If an employee
fails to meet the time limits specified in Steps 1 through 5 above, the grievance will be
deemed to have been settled and withdrawn.
SECTION 16 – RETIREMENT
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15.4 PDOCC Notification. An official with whom a formal grievance is filed by a grievant
who is included in a unit represented by PDOCC, but is not represented by PDOCC in the
grievance, shall give PDOCC a copy of the formal presentation.
15.5 Compensation Complaints. All complaints involving or concerning the payment of
compensation shall be initially filed in writing with the Employee Relations Officer or his/her
designee. Only complaints which allege that employees are not being compensated in
accordance with the provisions of this MOU shall be considered as grievances. Any other
matters of compensation are to be resolved in the meeting and conferring process, and if
not detailed in the MOU which results from such meeting and conferring process shall be
deemed withdrawn until the meeting and conferring process is next opened for such
discussion. No adjustment shall be retroactive for more than two (2) years from the date
upon which the complaint was filed.
15.6 Strike/Work Stoppage. During the term of this MOU, PDOCC, its members and
representatives, agree that it and they will not engage in, authorize, sanction or support any
strike, slowdown, stoppage of work, sickout or refusal to perform customary duties.
In the case of a legally-declared lawful strike against a private or public sector employer
which has been sanctioned and approved by the labor body or council having jurisdiction,
an employee who is in danger of physical harm shall not be required to cross the picket
line, provided the employee advises his or her supervisor as soon as possible, and
provided further that an employee may be required to cross a picket line where the
performance of his or her duties is of an emergency nature and/or failure to perform such
duties might cause or aggravate a danger to public health or safety.
15.7 Filing by PDOCC. PDOCC may file a grievance at Step 3 on behalf of affected
employees when action by the County Administrator or the Board of Supervisors violates a
provision of this MOU.
SECTION 16 – RETIREMENT
16.1 Contribution. All employees will pay one hundred percent (100%) of the
employees’ basic retirement benefit contributions determined annually by the Board of
Retirement of the Contra Costa County Employees’ Retirement Association without the
County paying any part of the employees’ contributions. All employees are also
responsible for the payment of the employees' contributions to the retirement cost of living
program as determined annually by the Board of Retirement, without the County paying
any part of the employees’ contributions. The County will pay one hundred percent (100%)
of the employer’s retirement contribution determined annually by the Board of Retirement.
16.2 Retirement Benefit - Employees who become New Members of CCCERA on or
after January 1, 2013.
A. For employees who, under the Public Employees Pension Reform Act (PEPRA),
become New Members of the Contra Costa County Employees Retirement
(CCCERA) system on or after January 1, 2013, retirement benefits are governed by
the California Public Employees Pension Reform Act of 2013 (PEPRA), (Chapters
SECTION 17 - EDUCATION REIMBURSEMENT
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296, 297, Statutes of 2012). To the extent this Agreement conflicts with any
provision of PEPRA, PEPRA governs.
B. For employees who, under PEPRA, become New Members of CCCERA on or after
January 1, 2014, the cost of living adjustment to the retirement allowance will not
exceed two percent (2%) per year, and the cost of living adjustment will be banked.
C. For employees who, under PEPRA, become New Members of CCCERA, the
disability provisions are the same as the current Tier III disability provisions.
SECTION 17 - EDUCATION REIMBURSEMENT
A. Permanent full time employees in classifications subject to this MOU will be eligible
for $1,150 each calendar year to be applied to reimbursement for continuing
education courses and associated tests, medical books and journals, professional
dues, license fees, exam fees, medical/dental on-line computer services, computer
hardware and software, from a standardized County-approved list or with appointing
authority approval, provided each employee complies with the provisions of the
Computer Use and Security Policy adopted by the Board of Supervisors. Unused
reimbursement entitlements may be carried over to the next calendar year, but the
maximum reimbursement available in any calendar year may not exceed twice the
annual entitlement. Requests for reimbursement must be submitted within ninety (90)
days of the date the expense was incurred. Permanent part-time PDOCC Unit
members assigned to positions of at least twenty (20) hours per week shall be entitled
to educational reimbursement on a prorated basis.
B. Employees in classifications of Resident I, II, and III subject to this MOU will be
eligible for nine hundred dollars ($900) to be applied to reimbursement of California
Medical Board licensing fees, payable one time during the employee’s residency. This
reimbursement is in addition to the reimbursement listed in 17.A.
SECTION 18 - PAID PERSONAL LEAVE/EDUCATIONAL LEAVE/OTHER LEAVE
18.1 Paid Personal Leave. In lieu of overtime or compensatory time off provisions,
full-time employees with three (3) years of service in classes covered by this MOU, will be
credited with forty (40) hours of paid personal leave. Incumbents of the Resident Physician
classes are not eligible for paid personal leave but service in such classes will count
towards the three (3) years credit to qualify for this benefit. Paid Personal Leave will be
prorated for permanent part-time employees, but will not be credited for permanent
intermittent (on-call) employees.
This leave must be used during the calendar year in which credited and may not be carried
forward. This paid personal leave is separate from paid vacation and will be accounted for
accordingly. Upon separation from County service there shall be no pay off for unused
personal leave credits.
SECTION 19 - MILEAGE
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18.2 Educational Leave. Each permanent full time employee with one (1) or more years
of service shall be entitled to forty (40) hours leave with pay each calendar year to attend
courses, institutions, workshops or classes which meet requirements for American Medical
Association Category One Continuing Medical Education or recognized by the National
Specialty Organization appropriate to the area of the employee's practice. Courses must
be approved in advance by the Department Head and the Appointing Authority or
designee, and must be completed prior to or concurrent with the leave. Employees
attending courses which are scheduled and reimbursed by the Department and attended
during work hours shall not receive additional leave.
Educational leave shall be scheduled in the same manner as vacation leave. It must be
used in the same calendar year or the calendar year following the year the credit was
awarded. Health Services Department staff will advise eligible employees annually, in the
month of May, of the balances available in the Education Leave Bank and Education
Reimbursement.
An employee who attends an approved course on a date for which he/she is not regularly
scheduled to work or who completes an approved home study course will be granted
exchange time off or paid for the equivalent number of hours at his/her hourly base rate.
The employee must indicate his/her preference for time off or pay in advance of taking the
course. The final determination will be at the discretion of the Director of Medical Staff
Affairs or designee. If the employee is granted exchange time off in lieu of pay, the
employee will receive a voucher from the Director of Medical Staff Affairs or designee. An
original copy of an educational leave voucher, signed by the Appointing Authority or
designee may be required at the time the leave is scheduled.
Permanent part-time employees shall be entitled to educational leave on a pro-rated basis.
18.3 Other Leave. In recognition of the requirement to attend mandatory meetings
and trainings during non-work time, permanent full time employees with six years of
service will receive an additional forty (40) hours paid leave. This leave will be pro-rated
for part-time employees but will not be credited for permanent-intermittent (on-call)
employees. This paid leave will be credited at the beginning of each calendar year and
may not be carried forward. Upon separation from County service, there shall be no
payoff for unused credits. Utilization of this leave shall be applied for and authorized in
accordance with Section 8.4 - Vacation Preference.
SECTION 19 - MILEAGE
19.1 Reimbursement for Use of Personal Vehicle. Procedures and definitions relative to
the mileage reimbursement will be in accordance with the Administrative Bulletin on
Expense Reimbursement.
19.2 Commuter Benefit Program. Prior to July 1, 2017, the County will offer employees
the option of enrolling in an employee-funded qualified transportation (commuter) benefit
program designed to qualify for tax savings under Section 132(f) of title 26 of the Internal
Revenue Code, but such savings are not guaranteed. The Commuter Benefit Program will
allow employees to set aside pre-tax dollars for qualified transportation expenses to the
SECTION 20 - PAY WARRANT ERRORS
PDOCC - 70 - 2019-2022 MOU
extent and amount allowed by the Internal Revenue Service.
SECTION 20 - PAY WARRANT ERRORS
If an employee receives a pay warrant which has an error in the amount of compensation
to be received and if this error occurred as a result of a mistake by the Auditor-Controller's
Department, it is the policy of the Auditor-Controller's Department that the error will be
corrected and a new warrant issued within forty-eight (48) hours, exclusive of Saturdays,
Sundays and holidays from the time the Department is made aware of and verifies that the
pay warrant is in error. If the pay warrant error has occurred as a result of a mistake by an
employee (e.g. payroll clerk) other than the employee who is receiving the pay, the error
will be corrected as soon as possible from the time the department is made aware that pay
warrant is in error.
Pay errors in employee pay shall be corrected as soon as possible as to current pay rate
but that no recovery of either overpayments or underpayments to an employee shall be
made retroactively except for the two (2) year period immediately preceding discovery of
the pay error. This provision shall apply regardless of whether the error was made by the
employee, the appointing authority or designee, the Director of Human Resources or
designee, or the Auditor-Controller or designee. Recovery of fraudulently accrued over or
underpayments are excluded from this section for both parties.
When the County notifies an employee of an overpayment and proposed repayment
schedule, the employee may accept the proposed repayment schedule or may request a
meeting through the County Labor Relations Department. If requested, a meeting shall be
held to determine a repayment schedule which shall be no longer than three (3) times the
length of time the overpayment occurred.
If requested by the employee, a PDOCC representative may be present at a meeting with
management to discuss a repayment schedule in the case of overpayments to the
employee.
SECTION 21 - SERVICE AWARDS
Procedures and definitions relative to Service Awards shall be in accordance with
Administrative Bulletin No. 410 – Service Recognitions and Awards.
SECTION 22 - INSURANCE
22.1 Malpractice. County medical personnel covered by this MOU are covered under
the self-insurance trust funds while working within their course and scope of employment.
The exception to coverage is fraud, corruption or malice as defined in Government Code
825. The Government Code confers appropriate authority on the Board of Supervisors to
administer the self-insurance program. The Board approves all settlements over $20,000
and accepts or rejects the recommendations of the County's attorneys and the Office of
Risk Management regarding the option of trial. Any issues or concerns, or request for
SECTION 23 - LENGTH OF SERVICE DEFINITION
PDOCC - 71 - 2019-2022 MOU
information regarding the administration of this plan may be directed to the Appointing
Authority or designee.
22.2 Long Term Disability Insurance. In 1994, the County amended its existing long-
term disability income protection program adopted by Resolution 82/1334 to include
Residents and to provide for eighty-five percent (85%) replacement of basic monthly
earnings, reduced by any deductible benefits. Basic monthly earnings include base salary
step plus any stipend(s) computed as of the first day of the month in which the disability
commences or other loss occurs. All other provisions of this plan remain unchanged.
SECTION 23 - LENGTH OF SERVICE DEFINITION
(For Service Awards and Accruals)
The length of service credits of each employee of the County shall date from the beginning
of the last period of continuous County employment (including temporary and permanent
status, and absences on approved leave of absence). When an employee separates from
a permanent position in good standing and within two (2) years is reemployed in a
permanent County position, service credits shall include all credits accumulated at time of
separation, but shall not include the period of separation. The Human Resources Director
shall determine these matters based on the employee status records in his department.
SECTION 24 - PERMANENT PART-TIME EMPLOYEE BENEFITS
Permanent part-time employees receive prorated vacation and sick leave benefits. They
are eligible for health, dental and life insurance benefits at corresponding premium rates
providing they work at least fifty percent (50%) of full time. If the employee works at least
fifty percent (50%) of full time, County retirement participation is also included.
SECTION 25 - PERMANENT-INTERMITTENT EMPLOYEE BENEFITS
Permanent-intermittent employees are eligible for prorated vacation and sick leave
benefits.
SECTION 26 - PERSONNEL FILES
An employee shall have the right to inspect and review any official record(s) relating to his
or her performance as an employee or to a grievance concerning the employee which is
kept or maintained by the County in the employee’s personnel file in the Human Resources
Department or in the employee’s personnel file in their Department. The employee’s union
representative, with written authorization by the employee, shall also have the right to
inspect and review any official record(s) described above. The contents of such records
shall be made available to the employee and/or the employee’s union representative, for
inspection and review at reasonable intervals during the regular business hours of the
County. Employees shall be permitted to review their personnel files at the Personnel
office during their work hours. For those employees whose work hours do not coincide with
SECTION 27 – CATASTROPHIC LEAVE BANK
PDOCC - 72 - 2019-2022 MOU
the County’s business hours, management shall provide a copy of the employee’s
personnel file for their review. The custodian of records will certify that the copy is a true
and correct copy of the original file.
Twelve or more months following the date of issue of a Counseling Memo, an employee
may submit a written request to the Health Services Personnel Officer, requesting that the
Counseling Memo be removed from all County (including Department) files. The Memo
shall be removed unless:
A. During the intervening period, additional incident/s occurred that caused the
counseling memo to be written; or
B. The Counseling Memo has been included in disciplinary action. The Health
Services Personnel Officer will reply to the request, verifying either that the Memo
has been removed or retained.
SECTION 27 – CATASTROPHIC LEAVE BANK
Catastrophic Leave Bank. The County Human Resources Department will operate a
Catastrophic Leave Bank which is designed to assist any County employee who has
exhausted all paid accruals due to a serious or catastrophic illness, injury, or condition of
the employee or family member. The program establishes and maintains a Countywide
bank wherein any employee who wishes to contribute may authorize that a portion of
his/her accrued vacation, compensatory time, holiday compensatory time or floating
holiday be deducted from those account(s) and credited to the Catastrophic Leave Bank.
Employees may donate hours either to a specific eligible employee or to the bank. Upon
approval, credits from the Catastrophic Leave Bank may be transferred to a requesting
employee’s sick leave account so that employee may remain in paid status for a longer
period of time, thus partially ameliorating the financial impact of the illness, injury, or
condition.
Catastrophic illness or injury is defined as a critical medical condition, a long-term major
physical impairment or disability which manifests itself during employment.
Operation. The plan will be administered under the direction of the Director of Human
Resources. The Human Resources Department will be responsible for receiving and
recording all donations of accruals and for initiating transfer of credits from the Bank to the
recipient’s sick leave account. Disbursement of accruals will be subject to the approval of a
six (6) member committee composed of three (3) members appointed by the County
Administrator and three (3) members appointed by the majority representative employee
organizations. The committee shall meet as necessary to consider all requests for credits
and shall make determinations as to the appropriateness of the request. The committee
shall determine the amount of accruals to be awarded for employees whose donations are
non-specific. Consideration of all requests by the committee will be on an anonymous
requester basis.
Hours transferred from the Catastrophic Leave Bank to a recipient will be in the form of
sick leave accruals and shall be treated as regular sick leave accruals.
SECTION 28 - REDUCTION IN FORCE
PDOCC - 73 - 2019-2022 MOU
To receive credits under this plan, an employee must have permanent status, must have
exhausted all time off accruals to a level below eight (8) hours total, have applied for a
medical leave of absence and have medical verification of need. Donations are irrevocable
unless the donation to the eligible employee is denied. Donations may be made in hourly
blocks with a minimum donation of not less than four (4) hours from balances in the
vacation, holiday, floating holiday, compensatory time, or holiday compensatory time
accounts. Employees who elect to donate to a specific individual shall have seventy-five
percent (75%) of their donation credited to the individual and twenty-five (25%) credited to
the Catastrophic Leave Bank.
Time donated will be converted to a dollar value and the dollar value will be converted back
to sick leave accruals at the recipient’s base hourly rate when disbursed. Credits will not
be on a straight hour-for-hour basis. All computations will be on a standard 173.33 basis.
Except that employees on other than a forty (40) hour week will have hours prorated
according to their status.
Any recipient will be limited to a total of one thousand forty (1040) hours or its equivalent
per catastrophic event; each donor will be limited to one hundred twenty (120) hours per
calendar year.
No element of this plan is grievable. All appeals from either a donor or recipient will be
resolved on a final basis by the Director of Human Resources.
No employee will have any entitlement to catastrophic leave benefits. The award of
Catastrophic Leave will be at the sole discretion of the committee, both as to amounts of
benefits awarded and as to persons awarded benefits. Benefits may be denied, or awarded
for less than six (6) months. The committee will be entitled to limit benefits in accordance
with available contributions and to choose from among eligible applicants on an
anonymous basis those who will receive benefits, except for hours donated to a specific
employee. In the event a donation is made to a specific employee and the committee
determines the employee does not meet the Catastrophic Leave Bank criteria, the donating
employee may authorize the hours to be donated to the bank or returned to the donor’s
account. The donating employee will have fourteen (14) calendar days from notification to
submit his/her decision regarding the status of their donation, or the hours will be
irrevocably transferred to the Catastrophic Leave Bank.
Any unused hours transferred to a recipient will be returned to the Catastrophic Leave
Bank.
SECTION 28 - REDUCTION IN FORCE
It is understood between the parties that budget reductions and program changes may
cause separations and/or reductions of hours affecting classes represented by PDOCC.
The practice privileges of any represented employee shall not be affected by reduction in
force.
SECTION 28 - REDUCTION IN FORCE
PDOCC - 74 - 2019-2022 MOU
The following procedures shall be followed.
1. Represented classifications are as follows (hereinafter referred to as “PDOCC
Classifications”) in this Section:
• Primary Care Provider
• Primary Care Provider – Limited
• Ambulatory Care Provider
• Dentist
• Emergency Medicine
• Hospitalist
• OB/GYN – Full Spectrum
• OB/GYN – FM – Adv. OB
• Optometrist
• Oral Surgeon
• Pathologist
• Pediatrician – Ambulatory
• Pediatrician – Hospital
• Psychiatrist – Adult
• Psychiatrist – Pediatric
• Psychiatrist – PES/Detention
• Resident I
• Resident II
• Resident III
2. An employee’s seniority for layoff and displacement purposes shall be determined by
the date of hire into an existing or previous PDOCC-represented job classification with the
County.
3. It is management’s decision whether or not to have a reduction in force and the decision
is not subject to the grievance procedure.
4. Once management has determined the need for a reduction in force, it is management’s
decision which PDOCC Classification(s) to reduce and by how much to reduce each
PDOCC Classification(s). However, management agrees to meet and confer over the
effects and impacts of its decisions prior to implementation. This section is not subject to
the grievance procedure.
5. Reductions will occur by eliminating the least senior employee based on date of hire
into an existing or previous PDOCC-represented job classification with the County until
management has completed the desired reduction. Displacement shall be subject to the
employee meeting medical staff minimum qualifications for the classification into which the
employee bumps. An employee may only bump into a PDOCC-represented classification
to which she/he previously held.
6. Should an employee have his/her hours reduced or eliminated due to a reduction in
force, the employee has the right to be rehired back within four (4) years of his/her layoff
date to perform the work of the PDOCC Classification they previously had before anyone
new is employed in that PDOCC Classification. The employee seeking rehire must have
SECTION 29 - PROBATIONARY PERIOD
PDOCC - 75 - 2019-2022 MOU
maintained current competence and be eligible for basic unrestricted privileges necessary
to perform the typical work of the PDOCC Classification to which he/she desires to be
rehired.
7. Employees who voluntarily leave employment do not have rehire rights as outlined in #6
above.
8. Temporary employees and Locums Tenens working in classifications and areas that the
County intends to lay off or reduce hours will be laid off or given notice to stop working
before any PDOCC member is laid off or has his/her hours reduced due to a reduction in
force.
9. The County will provide PDOCC and any PDOCC members who, as a result of a
workforce reduction, would suffer layoff or hours reduction with sixty (60) calendar days’
notice of layoff or hours reduction. If the affected member could “bump” (see item 5
above), the member would have fourteen (14) calendar days to notify the County of this
intention. The County would then give sixty (60) calendar days notice to PDOCC and to the
member who was “bumped”. If the provisions in Items 10 and 11 above applied, this cycle
would repeat until reduction in force had been accomplished.
10. Seniority is maintained for any employee who has a break in service of less than two
(2) years as a result of layoff, except that period of break in service does not count as time
towards seniority.
11. Any employee who has vacated a represented job in order to take a management
position may bump back into his/her appropriate job classification, (as defined in #2
above), should their management assignment be subject to workforce reduction.
SECTION 29 - PROBATIONARY PERIOD
Effective with Board of Supervisors’ approval of the MOU, upon initial appointment
employees in classifications subject to this MOU (excluding Exempt Medical Staff Resident
Physicians) shall serve a twelve (12) month probationary period commencing on the date
of appointment. The probationary period shall not include time served in temporary or
residency appointments or any period of continuous absence exceeding fifteen (15)
calendar days. Employees will receive an evaluation during the probationary period.
The regular appointment of a probationary employee shall begin on the day following the
end of the probationary period, subject to the condition that the Director of Human
Resources receive from the appointing authority a statement in writing that the services of
the employee during the probationary period were satisfactory and that the employee is
recommended for permanent appointment. If a clerical or administrative error delays a
probationary report and it is determined that it was the intent of the appointing authority to
retain the probationer, the employee affected will not suffer any loss of pay or benefits.
Employees will serve a probationary period unless at the discretion of the appointing
authority the probationary period is waived for employees who have previously served one
SECTION 30 – BILINGUAL PAY
PDOCC - 76 - 2019-2022 MOU
(1) year or more in a permanent position in good standing in this bargaining unit and who
have not been separated from County service for a period of more than five (5) years.
During the probationary period, employees are subject to termination by the appointing
authority without cause and without right of appeal or compliance with Section 14 -
Dismissal, Suspension, Reduction in Pay, and Demotion, or Section 15 - Grievance
Procedure.
SECTION 30 – BILINGUAL PAY
A salary differential of one hundred dollars ($100.00) per month shall be paid to
incumbents of positions requiring bilingual proficiency as designated by the appointing
authority and Director of Human Resources. Said differential shall be paid to eligible
employees in paid status for any portion of a given month. Designation of positions for
which bilingual proficiency is required is the sole prerogative of the County. The Union shall
be notified when such designations are made.
SECTION 31 - ADOPTION
The provisions of this MOU shall be made applicable on the dates indicated and upon
approval by the Board of Supervisors. Resolutions and Ordinances, where necessary, shall
be prepared and adopted in order to implement these provisions. It is understood that
where it is determined that an Ordinance is required to implement any of the foregoing
provisions, said provisions shall become effective upon the first day of the month following
thirty (30) days after such Ordinance is adopted.
SECTION 32 - SCOPE AGREEMENT AND SEPARABILITY OF PROVISION
32.1 Scope of Agreement. Except as otherwise specifically provided herein, this MOU
fully and completely incorporates the understanding of the parties hereto and constitutes
the sole and entire agreement between the parties in any and all matters subject to meet
and confer. Neither party shall, during the term of this MOU demand any change herein,
provided that nothing herein shall prohibit the parties from changing the terms of this MOU
by mutual agreement. Any past side letters or any other agreements that are not
incorporated into or attached to this MOU are deemed expired upon approval of this MOU
by the Board of Supervisors.
PDOCC understands and agrees that the County is not obligated to meet and confer
regarding wages, hours or conditions of employment during the term of this extended
agreement, except as otherwise required by law.
32.2 Separability of Provisions. Should any section, clause or provision of this MOU be
declared illegal, unlawful or unenforceable, by final judgment of a court of competent
jurisdiction, such invalidation of such section, clause or provision shall not invalidate the
SECTION 33 - FAIR LABOR STANDARDS ACT PROVISIONS
PDOCC - 77 - 2019-2022 MOU
remaining portions hereof, and such remaining portions shall remain in full force and effect
for the duration of this MOU.
32.3 Salary Ordinance. Where a specific provision contained in a section of this MOU
conflicts with a specific provision contained in a section of the Master Salary Ordinance
(Res. 83/1), the provision of this MOU shall prevail. Those provisions of the Master Salary
Ordinances within the scope of representation which are not in conflict with the provisions
of this MOU and those provisions of the Master Salary Ordinance which are not within the
scope of representation shall be considered in full force and effect.
32.4 Duration of Agreement. This Agreement shall continue in full force and effect from
November 1, 2019 to and including October 31, 2022. Said Agreement shall automatically
renew from year to year thereafter unless either party gives written notice to the other prior
to ninety (90) days from the aforesaid termination date of its intention to amend, modify or
terminate the agreement.
SECTION 33 - FAIR LABOR STANDARDS ACT PROVISIONS
The Fair Labor Standards Act, as amended, may govern certain terms and conditions of
the employment of employees covered by this MOU. It is anticipated that compliance with
the Act may require changes in some of the County policies and practices currently in
effect or agreed upon. If it is determined by the County that certain working conditions,
including but not limited to work schedules, hours of work, method of computing overtime,
overtime pay and compensatory time off entitlements or use, must be changed to conform
with the Fair Labor Standards Act, such terms and conditions of employment shall not be
controlled by this MOU but shall be subject to modification by the County to conform to the
federal law, without further meeting and conferring. The County shall notify PDOCC and
will meet and confer with said organization regarding the implementation of such
modifications.
PDOCC EXHIBITS
A. Class and Salary Listing
B. Classification Eligibility for Pay
C. Notification of Involuntary Permanent Change of
Assignment
D. Medical Insurance
Physicians', Dentists', and Optometrists' Unit
Class and Salary Listing
Effective 11/1/2019
Exhibit A
Step 1 Step 2
VPT5 Primary Care Provider–Ex $17,463.91 $19,916.67
VPT6 Primary Care Provider–LT–Ex $17,463.91 $19,916.67
VPT1 Ambulatory Care Provider–Ex $15,284.75 $17,333.33
VPT2 Dentist–Ex $12,540.00 $14,250.00
VPS3 Emergency Medicine–Ex $18,333.33 $20,833.33
VPT3 Hospitalist–Ex $16,720.00 $19,000.00
VPS5 OBGYN–Full Spectrum–Ex $16,866.67 $19,166.67
VPS6 OBGYN–FM Adv Obstetrics–Ex $15,253.33 $17,333.33
VPS7 Optometrist–Ex $8,946.67 $10,166.67
VPS8 Oral Surgeon–Ex $16,720.00 $19,000.00
VPT7 Pathologist–Ex $19,095.75 $21,625.00
VPS9 Pediatrician–Ambulatory–Ex $16,674.75 $19,083.33
VPS0 Pediatrician–Hospitalist–Ex $15,253.33 $17,333.33
VPT8 Psychiatrist–Adult–Ex $17,160.00 $19,500.00
VPT9 Psychiatrist–Pediatric–Ex $17,893.33 $20,333.33
VPT0 Psychiatrist–Emg Svs/Det–Ex $17,893.33 $20,333.33
VP71 Resident I F $4,833.33 n/a
VP72 Resident II F $5,250.00 n/a
VP74 Resident III F $5,666.67 n/a
Classification TitleJob Code
Monthly Salary RangeFlex Staff
(F)
Physicians', Dentists', and Optometrists' Unit
Classification Eligibility for Pay
Exhibit B
VPT5 Primary Care Provider–Ex Base Hourly Rate $28/hr n/a n/a
VPT6 Primary Care Provider–LT–Ex Base Hourly Rate $28/hr n/a n/a
VPT1 Ambulatory Care Provider–Ex Base Hourly Rate $28/hr n/a n/a
VPT2 Dentist–Ex Base Hourly Rate n/a n/a n/a
VPS3 Emergency Medicine–Ex $190/hr $28/hr n/a $50/hr
VPT3 Hospitalist–Ex Base Hourly Rate $28/hr 1.2x Hourly Base $50/hr
VPS5 OBGYN–Full Spectrum–Ex Base Hourly Rate $28/hr 1.2x Hourly Base $50/hr
VPS6 OBGYN–FM Adv Obstetrics–Ex Base Hourly Rate $28/hr n/a $50/hr
VPS7 Optometrist–Ex Base Hourly Rate n/a n/a n/a
VPS8 Oral Surgeon–Ex Base Hourly Rate $28/hr 1.2x Hourly Base n/a
VPT7 Pathologist–Ex Base Hourly Rate $28/hr 1.2x Hourly Base n/a
VPS9 Pediatrician–Ambulatory–Ex Base Hourly Rate $28/hr n/a n/a
VPS0 Pediatrician–Hospitalist–Ex Base Hourly Rate $28/hr n/a $50/hr
VPT8 Psychiatrist–Adult–Ex Base Hourly Rate $28/hr n/a n/a
VPT9 Psychiatrist–Pediatric–Ex Base Hourly Rate $28/hr n/a n/a
VPT0 Psychiatrist–Emg Svs/Det–Ex Base Hourly Rate $28/hr n/a $50/hr
VP71 Resident I $50/hr n/a n/a n/a
VP72 Resident II $50/hr n/a n/a n/a
VP74 Resident III $50/hr n/a n/a n/a
Classification TitleJob
Code
** And the night before Christmas and New Year's Eve
Additional Duty*Clinical On-
Call Call-Back
Night Shift
M-Th: 11pm-7am
Fri-Sun &
Holidays**: 9pm-
7am
* Base hourly rate is determined using a 2080 hour work year
EXHIBIT D
Physicians’ and Dentists’ Organization of Contra Costa
Page 1 of 2
MEDICAL INSURANCE
Co-Pays and Co-Insurance
The medical plan co-pays and co-insurance are as follows:
CCHP A: No charge
CCHP B: No charge in Network
$5 Office Visit in the CPN Network
$3 Preferred Generic RX
$3 Preferred Brand RX
$3 Non-Preferred Brand RX
KAISER A: $10 Office Visit
$10 Generic RX
$20 Brand RX
$10 Emergency Room & Outpatient Surgery
KAISER B: $500/$1000 Member/Family Deductible
$20 Office Visit (not subject to deductible)
$20 Urgent Care Copay (not subject to deductible)
$10 Lab & X-ray Copay (not subject to deductible)
$10 Preferred Generic RX
$30 Preferred Brand RX
$20 Non-Preferred Brand RX
10% Co-Insurance for Inpatient Hospital, Outpatient Surgical
and Emergency Room (After Deductible)
$3000/$6000 Member/Family Annual Out of Pocket Maximum
KAISER HDHP: $1500 Deductible (Single Coverage)
$2600/first person, $3000/full family Deductible (Family Coverage)
10% Office Visit/Urgent Care Co-insurance (After Deductible)
10% Lab & X-Ray Co-insurance (After Deductible)
$10 Generic Rx (After Deductible)
$30 Brand-Name Rx (After Deductible)
10% Inpatient Hospitalization Co-insurance (After Deductible)
10% ER & Outpatient Surgery Co-insurance (After Deductible)
$3000/$6000 Member/Family Annual Out of Pocket Maximum
EXHIBIT D
Physicians’ and Dentists’ Organization of Contra Costa
Page 2 of 2
HEALTHNET HMO A: $10 Office Visit
(This plan will be eliminated in 2020) $10 Generic RX
$20 Formulary RX
$35 Non-Formulary RX
$25 Emergency Room
HEALTH NET HMO Plan B: $20 Office Visit
(This plan will be eliminated in 2020) $50 Urgent Care Visit
$1000 Inpatient Hospital
$500 Out-Patient Surgical
$100 Emergency Room Co-pay
$10 Preferred Generic RX
$20 Non-Preferred Brand RX
$35 Non-Preferred Brand or Generic RX
$2000/$6000 per Member/Family Annual Out of Pocket Maximum
HEALTH NET SMARTCARE HMO A: $15 Office Visit
(New plan available in 2020) $25 Urgent Care Visit
$10 Preferred Generic RX
$20 Preferred Brand RX
$35 Non-Formulary RX
$50 Emergency Room Co-pay
$0 Inpatient Hospital
HEALTH NET SMARTCARE HMO B: $30 Office Visit
(New plan available in 2020) $10 Preferred Generic RX
$30 Preferred Brand RX
$50 Non-Formulary RX
$100 Emergency Room
$1,500 Inpatient Hospital
HEALTH NET PPO A: $10 Office Visit in network
$5 Generic RX
$5 Formulary RX
No Non-formulary RX
$10 Non-Preferred Brand or Generic RX
$50 Emergency Room Deductible Plus 10%
10% Inpatient Hospital Co-Insurance
- i -
PHYSICIANS’ & DENTISTS’ ORGANIZATION
OF CONTRA COSTA
SUBJECT INDEX
Access Incentive Bonus ............................................................................................... 13
Accrual During Leave Without Pay (Vacation Leave) .................................................. 34
Accrual During Leave Without Pay (Leave of Absence) .............................................. 41
Additional Duty Pay ...................................................................................................... 13
Administration of Sick Leave ........................................................................................ 37
Administrative Time Allocation (Defined) ..................................................................... 14
Administrative Responsibilities (Defined) ..................................................................... 14
Adoption ....................................................................................................................... 76
Advance Notice .............................................................................................................. 7
Agency Shop .................................................................................................................. 3
Ambulatory Care Provide-Exempt ................................................................................ 14
Appointment or Change of Assignment ....................................................................... 10
Assignment of Classes to Bargaining Units ................................................................... 6
Attendance at Meetings ................................................................................................. 8
Bilingual Pay………………………… ............................................................................. 76
Catastrophic Leave Bank ............................................................................................. 72
Change of Assignment ................................................................................................. 10
Child Care .................................................................................................................... 60
Clinical On-Call Pay ..................................................................................................... 12
Clinical Time Allocation (Defined) ................................................................................ 14
Coerced Resignations .................................................................................................. 61
Communicating With Employees ................................................................................... 3
Commuter Benefit Program ......................................................................................... 69
Compensation Complaints ........................................................................................... 66
Compensation for Portion of Month ............................................................................. 11
Constructive Resignation ............................................................................................. 61
County Health and Dental Plan Monthly Premium Subsidy ......................................... 49
Coverage During Absences ......................................................................................... 60
Coverage Upon Separation .......................................................................................... 60
Credits to and Charges Against Sick Leave ................................................................. 35
Days and Hours of Work .............................................................................................. 12
Definition and Procedural Steps (Grievances) ............................................................. 65
Definitions ...................................................................................................................... 2
Dentist–Exempt ............................................................................................................ 16
Dependent Care Assistance Program .......................................................................... 59
Detention Assignment .................................................................................................... 7
Direct Patient Care (Defined) ....................................................................................... 14
Direct Patient Care and Administrative Time ............................................................... 14
Disability ....................................................................................................................... 39
- ii -
Disciplinary Investigations and Actions…………… ...................................................... 64
Dismissal, Suspension, Demotion or Reduction in Pay ............................................... 62
Dual Coverage ............................................................................................................. 55
Dues Deduction .............................................................................................................. 3
Duration of Agreement ................................................................................................. 77
Education Reimbursement ........................................................................................... 68
Educational Leave ........................................................................................................ 69
Electronic Health Records Incentive Program .............................................................. 12
Emergency Medicine-Exempt ...................................................................................... 17
Employee Representation Rights ................................................................................. 64
Employee Response .................................................................................................... 63
Employees Schedules .................................................................................................. 12
Expressed Resignation ................................................................................................ 61
Fair Labor Standards Act Provisions ............................................................................ 77
Family Care Leave or Medical Leave ........................................................................... 43
Family Member Eligibility Criteria ................................................................................. 54
Filing by PDOCC (Grievance Procedure) ..................................................................... 67
Furlough Days Without Pay ......................................................................................... 47
General Wage Increases ............................................................................................. 11
Grievance Procedure ................................................................................................... 65
Group Health Plan Coverage (Leave of Absence) ....................................................... 41
Health Benefit Coverage for Employees Not Otherwise Covered ................................ 61
Health Care Spending Account .................................................................................... 59
Health Plan Coverages ................................................................................................ 49
Health Savings Account w/High Deductible Health Plan .............................................. 59
Holiday is NOT Worked and Holiday Falls on Scheduled Day Off ............................... 31
Holiday is NOT Worked and Holiday Falls on Scheduled Work Day ........................... 31
Holiday is WORKED and Holiday Falls on Scheduled Day Off .................................... 32
Holiday is WORKED and Holiday Falls on Scheduled Work Day ................................ 32
Holidays – Observed .................................................................................................... 30
Holidays ....................................................................................................................... 30
Hospitalist-Exempt ....................................................................................................... 18
Immediate Family ......................................................................................................... 35
Increase in Hours ......................................................................................................... 29
Insurance ..................................................................................................................... 70
Joint Labor/Management Benefit Committee (JLMBC) ................................................ 50
Jury Duty ...................................................................................................................... 47
Jury Duty and Witness Duty ......................................................................................... 47
Leave of Absence (General Administration)................................................................. 42
Leave of Absence Replacement and Reinstatement ................................................... 46
Leave of Absence ........................................................................................................ 41
- iii -
Leave Pending Employee Response ........................................................................... 64
Leave Without Pay – Use of Accruals .......................................................................... 46
Leave Without Pay ....................................................................................................... 41
Length of Service Definition (For Service Awards and Accruals) ................................. 71
Length of Suspension .................................................................................................. 64
Life Insurance Benefit Under Health and Dental Plans ................................................ 58
Locum Tenens ............................................................................................................... 7
Long Term Disability Insurance .................................................................................... 71
Longevity Pay ................................................................................................................. 9
Malpractice ................................................................................................................... 70
Medical Plan Cost Sharing w/Active Employees on or After 1/1/18 ............................. 55
Medical, Dental, and Life Insurance ............................................................................. 49
Mileage ......................................................................................................................... 69
Military Leave ............................................................................................................... 43
No Discrimination ........................................................................................................... 8
Nocturnist Pay .............................................................................................................. 13
Notice of Proposed Action ............................................................................................ 63
Notification of Dues Deduction Changes ....................................................................... 5
Obstetrics & GYN-Family Medicine w/Focus in Advanced Obstetrics – Exempt .......... 20
Obstetrics & GYN-Full Spectrum – Exempt ................................................................. 19
Operational Adjustments .............................................................................................. 13
Optometrists – Exempt ................................................................................................. 21
Oral Surgeon – Exempt ................................................................................................ 21
Organization Recognition ............................................................................................... 3
Organization Security ..................................................................................................... 3
Other Leave ................................................................................................................. 69
Paid Personal Leave .................................................................................................... 68
Partial Month ................................................................................................................ 60
Part-Time Compensation ............................................................................................. 11
Pathologist-Exempt ...................................................................................................... 22
Patient Experience Incentive Bonus............................................................................. 13
Pay Warrant Errors ...................................................................................................... 70
Payment ....................................................................................................................... 10
PDOCC Notification ..................................................................................................... 66
PDOCC Representatives ............................................................................................... 9
Pediatrician-Ambulatory - Exempt ................................................................................ 22
Pediatrician-Hospital-Exempt ....................................................................................... 23
Permanent Intermittent Employee ................................................................................ 33
Permanent Part-Time Employee Benefits .................................................................... 71
Permanent-Intermittent Employee Benefits ................................................................. 71
PERS Long Term Care ................................................................................................ 59
Personnel Files ............................................................................................................ 71
Physicians and Dentists as Employees or Contractors .................................................. 6
Policies Governing the Use of Paid Sick Leave ........................................................... 35
- iv -
Pregnancy Disability Leave .......................................................................................... 45
Premium Conversion Plan ........................................................................................... 60
Prevailing Section ........................................................................................................ 60
Primary Care Provider - Exempt .................................................................................. 24
Primary Care Provider - Limited (Hired before 11/1/19) - Exempt ................................ 26
Probationary Period ..................................................................................................... 75
Procedure on Dismissal, Suspension, Disciplinary Demotion, or Reduction in Pay ..... 64
Psychiatrist-Adult – Exempt ......................................................................................... 28
Psychiatrist-Pediatrician – Exempt ............................................................................... 29
Psychiatrist-PES/Detention – Exempt .......................................................................... 29
Purpose of Sick Leave ................................................................................................. 34
Quality Incentive Bonus ............................................................................................... 14
Rate Information........................................................................................................... 60
Reduction in Force ....................................................................................................... 73
Reimbursement for Use of Personal Vehicle ............................................................... 69
Reinstatement from Family Care Medical Leave ......................................................... 46
Release Time for Training .............................................................................................. 6
Resident ....................................................................................................................... 29
Resignations in Good Standing .................................................................................... 61
Resignations ................................................................................................................ 61
Retirement Benefit–New Members of CCCERA on or after January 1, 2013 .............. 67
Retirement Contribution ............................................................................................... 67
Retirement Coverage ................................................................................................... 51
Retirement .................................................................................................................... 67
Revocation (Resignation) ............................................................................................. 61
Salaries .......................................................................................................................... 9
Salary on Promotion –Residents .................................................................................. 11
Salary Ordinance ......................................................................................................... 77
Salary Review While on Leave of Absence ................................................................. 47
Schedule Preparation ................................................................................................... 13
Scope Agreement and Separability of Provision .......................................................... 76
Scope of Agreement .................................................................................................... 76
Scope of Arbitration Decisions ..................................................................................... 66
Separability of Provisions ............................................................................................. 76
Service Awards ............................................................................................................ 70
Shop Stewards and Official Representatives ................................................................. 8
Sick Leave .................................................................................................................... 34
State Disability ............................................................................................................. 41
Step Advancement ....................................................................................................... 10
Stipends ....................................................................................................................... 11
Strike/Work Stoppage .................................................................................................. 67
Sufficient Cause for Action ........................................................................................... 62
Supplemental Life Insurance ........................................................................................ 58
- v -
Time Limits (Grievance Procedure) .............................................................................. 66
Time Reporting and Pay Practices Waiver .................................................................. 30
Time Stamping ............................................................................................................. 30
Unauthorized Absence ................................................................................................. 45
Unpaid Sabbatical Leave ............................................................................................. 47
Use of County Buildings ................................................................................................. 4
Vacation Allowance ...................................................................................................... 33
Vacation Allowance for Separated Employees ............................................................ 34
Vacation Preference ..................................................................................................... 34
Vacation Leave ............................................................................................................ 33
Voluntary Vision Plan ................................................................................................... 59
Witness Duty ................................................................................................................ 48
Work Week Defined ..................................................................................................... 11
Workers' Compensation ............................................................................................... 39
Written Statement for New Employees .......................................................................... 5
RECOMMENDATION(S):
APPROVE plans, specifications, and design for the Buchanan Field Airport Runway 14L-32R
Rehabilitation Project. County Project No. 4855-4661-SAS-6X5324, Federal Project No. AIP
3-06-0050-025, (District 4)
DETERMINE that the bid submitted by Ghilotti Bros., Inc. (“Ghilotti Bros.”) demonstrated adequate good
faith efforts to meet the Disadvantaged Business Enterprise (DBE) requirement for this project and that
Ghilotti Bros. has submitted the lowest responsive and responsible base bid plus Alternative No. 1 and
Alternative No. 2 per the specifications for the project.
AWARD the construction contract for the above project to Ghilotti Bros. in the listed amount
($5,534,447.50) and the unit prices submitted in the bid, and DIRECT that Ghilotti Bros. shall present two
good and sufficient surety bonds, as indicated below, and that the Public Works Director, or designee, shall
prepare the contract.
ORDER that, after the contractor has signed the contract and returned it, together with the bonds as noted
below and any required certificates of insurance or other required documents, and the Public Works
Director has reviewed and found them to be sufficient, the Public Works Director, or designee, is
authorized to sign the contract for this Board.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Kevin Emigh,
925.313.2233
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 1
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director/Chief Engineer
Date:October 22, 2019
Contra
Costa
County
Subject:Construction Contract for the Buchanan Field Airport Runway 14L-32R Rehabilitation Project, Concord area.
RECOMMENDATION(S): (CONT'D)
ORDER that, in accordance with the project specifications and/or upon signature of the contract by the
Public Works Director, or designee, bid bonds posted by the bidders are to be exonerated and any checks or
cash submitted for security shall be returned.
ORDER that, the Public Works Director, or designee, is authorized to sign any escrow agreements prepared
for this project to permit the direct payment of retentions into escrow or the substitution of securities for
moneys withheld by the County to ensure performance under the contract, pursuant to Public Contract Code
Section 22300.
DELEGATE, pursuant to Public Contract Code Section 4114, to the Public Works Director, or designee,
the Board’s functions under Public Contract Code Sections 4107 and 4110.
DELEGATE, pursuant to Labor Code Section 6705, to the Public Works Director, or to any registered civil
or structural engineer employed by the County, the authority to accept detailed plans showing the design of
shoring, bracing, sloping, or other provisions to be made for worker protection during trench excavation
covered by that section.
DECLARE that, should the award of the contract to Ghilotti Bros. be invalidated for any reason, the Board
would not in any event have awarded the contract to any other bidder, but instead would have exercised its
discretion to reject all of the bids received. Nothing in this Board Order shall prevent the Board from
re-awarding the contract to another bidder in cases where the successful bidder establishes a mistake,
refuses to sign the contract, or fails to furnish required bonds or insurance (see Public Contract Code
Sections 5100-5107).
FISCAL IMPACT:
The construction contract will be funded by 90.66% Federal FAA AIP Funds, 4% Caltrans, 5.34% Airport
Enterprise Funds.
BACKGROUND:
The above project was previously approved by the Board of Supervisors, plans and specifications were
filed with the Board, and bids were invited by the Public Works Director. On June 25, 2019, the Public
Works Department received bids from the following contractors:
BIDDER, TOTAL AMOUNT, BOND AMOUNTS
Ghilotti Bros., Inc.: $5,534,447.50; Payment: $5,534,447.50; Performance: $5,534,447.50
A Teichert & Sons, Inc. dba Teichert Construction.: $5,589,800.00
DeSilva Gates Construction LP $6,187,687.00
Martin Brothers Construction $6,236,118.25
Granite Rock Company. $6,428,068.00
Bay Cities Paving & Grading, Inc. $6,489,136.30
Ghilotti Construction Co., Inc. $6,554,636.25
Granite Construction Company $6,947,940.70
The bidder listed first above, Ghilotti Bros., submitted the lowest responsive and responsible bid, which is
$55,352.50 less than the next lowest bid.
This is a federally funded project subject to a Disadvantaged Business Enterprise (DBE) contract goal and
requirements. The Public Works Director reports that the lowest monetary bidder, Ghilotti Bros., attained
DBE participation of 6.83% and submitted adequate documentation of good faith efforts to meet the DBE
goal (7.00%) and requirements for this project. The Public Works Director recommends that the Board
determine that Ghilotti Bros. has demonstrated adequate good faith efforts to meet the DBE goal for this
project and has complied with the DBE requirements for this project and recommends that the construction
contract be awarded to Ghilotti Bros.
The Public Works Director recommends that the bid submitted by Ghilotti Bros. is the lowest responsive
and responsible bid, and this Board concurs and so finds.
The Board of Supervisors previously determined that the project is a California Environmental Quality Act
Class 15301(Class I) Categorical Exemption.
The general prevailing rates of wages, which shall be the minimum rates paid on this project, have been
filed with the Clerk of the Board, and copies will be made available to any party upon request.
CONSEQUENCE OF NEGATIVE ACTION:
Construction of the project would be delayed, and the project might not be built.
RECOMMENDATION(S):
AUTHORIZE the Public Works Director, or designee, to advertise for the 2020 On-Call Concrete Services
Contract(s) for Various Road and Flood Control Maintenance Work, for routine maintenance and repair of
existing road and flood control facilities, Countywide.
FISCAL IMPACT:
The On-Call Concrete Services Contract(s) for Various Road and Flood Control Maintenance Work is to be
funded by 100% Local Road and Flood Control Funds.
BACKGROUND:
The Public Works Department will use the On-Call Concrete Services Contract(s)
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Ron Thai 925 313-7003
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 2
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director/Chief Engineer
Date:October 22, 2019
Contra
Costa
County
Subject:Advertise the 2020 On-Call Concrete Services Contract(s) for Various Road and Flood Control Maintenance Work,
Countywide.
BACKGROUND: (CONT'D)
for various road and flood control maintenance work to provide supplemental services as needed to the
Public Works Maintenance crews for routine road and flood control maintenance and repairs in various
locations throughout Contra Costa County.
The Public Works Department intends to award at least one $150,000 contract, but not more than three
$150,000 contracts to the responsible bidder(s). Each contract will have a term of one year with the option
of two one-year extensions and will be used as needed with no minimum amount that has to be spent.
CONSEQUENCE OF NEGATIVE ACTION:
Where concrete services are required, the Public Works Department may be unable to complete routine
road and flood control maintenance work in a timely manner.
RECOMMENDATION(S):
ADOPT Resolution No 2019/607 authorizing the Public Works Director, or designee, to file an application
for, and accept, funding in the amount of $1,596,000 from Metropolitan Transportation Commission
(MTC) for programming discretion, committing any necessary matching funds and stating assurance to
complete the Treat Boulevard Corridor Improvements Project, Pleasant Hill area. (District IV)
FISCAL IMPACT:
The County has requested $1,596,000 in State Transportation Improvement Program (STIP) funds for the
Treat Boulevard Corridor Improvements Project. The required local match is estimated as $546,000 which
will be funded by the Local Road Fund, providing approximately a 75% STIP and 25% Local Road Fund
cost share.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Mary Halle,
925.313.2327
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 3
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director/Chief Engineer
Date:October 22, 2019
Contra
Costa
County
Subject:Application for funding from MTC for the Treat Blvd. Corridor Improvements Project, Walnut Creek area.
BACKGROUND:
The STIP is a multi-year capital improvement program of transportation projects on and off the State
Highway System, funded with revenues from the State Highway Account and other funding sources.
The STIP is composed of two sub-elements: the Regional Transportation Improvement Program (RTIP)
and the Interregional Transportation Improvement Program (ITIP).
As the Regional Transportation Planning Agency (RTPA) for the Bay Area, the MTC is responsible for
developing regional project priorities for the RTIP for the nine counties of the Bay Area. The biennial
RTIP is then submitted to the California Transportation Commission for inclusion in the STIP. The
Treat Boulevard Corridor Improvements Project is recommended by the Contra Costa County
Transportation Authority (CCTA) to MTC for a funding award though the STIP following a rating and
selection process by a technical review committee administered by CCTA.
Project Description
The Treat Boulevard Corridor Improvements project will implement bicycle infrastructure and
pedestrian enhancements along the Treat Boulevard Corridor. Improvements include buffered bicycle
lanes and a new shared use path, enhancing existing crosswalks, closing three free right-turn lanes, and
eliminating a traffic bottle-neck.
CONSEQUENCE OF NEGATIVE ACTION:
A negative action will eliminate a potential funding opportunity (i.e., STIP funding) and delay
implementation of improvements.
AGENDA ATTACHMENTS
Resolution No. 2019/607
MINUTES ATTACHMENTS
Signed: Resolution No. 2019/607
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 10/22/2019 by the following vote:
AYE:4
John Gioia
Candace Andersen
Diane Burgis
Karen Mitchoff
NO:
ABSENT:1 Federal D. Glover
ABSTAIN:
RECUSE:
Resolution No. 2019/607
IN THE MATTER OF Authorizing the filing of an application for funding assigned to MTC and committing any necessary
matching funds and stating assurance to complete the project
WHEREAS, Contra Costa Public Works Department (herein referred to as APPLICANT) is submitting an application to the
Metropolitan Transportation Commission (MTC) for $1,596,000 in funding assigned to MTC for programming discretion, which
includes federal funding administered by the Federal Highway Administration (FHWA) and federal or state funding administered
by the California Transportation Commission (CTC) such as Surface Transportation Block Grant Program (STP) funding,
Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding, Transportation Alternatives (TA)
set-aside/Active Transportation Program (ATP) funding, and Regional Transportation Improvement Program (RTIP) funding
(herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for the Treat Boulevard Corridor Improvements
Project (herein referred to as PROJECT) for the State Transportation Improvement Program (STIP) (herein referred to as
PROGRAM); and
WHEREAS, the United States Congress from time to time enacts and amends legislation to provide funding for various
transportation needs and programs, (collectively, the FEDERAL TRANSPORTATION ACT) including, but not limited to the
Surface Transportation Block Grant Program (STP) (23 U.S.C. § 133), the Congestion Mitigation and Air Quality Improvement
Program (CMAQ) (23 U.S.C. § 149) and the Transportation Alternatives (TA) set-aside (23 U.S.C. § 133); and
WHEREAS, state statutes, including California Streets and Highways Code §182.6, §182.7, and §2381(a)(1), and California
Government Code §14527, provide various funding programs for the programming discretion of the Metropolitan Planning
Organization (MPO) and the Regional Transportation Planning Agency (RTPA); and
WHEREAS, pursuant to the FEDERAL TRANSPORTATION ACT, and any regulations promulgated thereunder, eligible
project sponsors wishing to receive federal or state funds for a regionally-significant project shall submit an application first with
the appropriate MPO, or RTPA, as applicable, for review and inclusion in the federal Transportation Improvement Program
(TIP); and
WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region; and
WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out
procedures governing the application and use of REGIONAL DISCRETIONARY FUNDING; and
WHEREAS, APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY FUNDING; and
WHEREAS, as part of the application for REGIONAL DISCRETIONARY FUNDING, MTC requires a resolution adopted by
the responsible implementing agency stating the following:
the commitment of any required matching funds; and
that the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is fixed at the programmed amount, and
therefore any cost increase cannot be expected to be funded with additional REGIONAL DISCRETIONARY FUNDING;
and
that the PROJECT will comply with the procedures, delivery milestones and funding deadlines specified in the Regional
Project Funding Delivery Policy (MTC Resolution No. 3606, revised); and
the assurance of the sponsor to complete the PROJECT as described in the application, subject to environmental clearance,
and if approved, as included in MTC's federal Transportation Improvement Program (TIP); and
that the PROJECT will have adequate staffing resources to deliver and complete the PROJECT within the schedule
submitted with the project application; and
that the PROJECT will comply with all project-specific requirements as set forth in the PROGRAM; and
that APPLICANT has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation
projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans,
FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery
process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and
in the case of a transit project, the PROJECT will comply with MTC Resolution No. 3866, revised, which sets forth the
requirements of MTC’s Transit Coordination Implementation Plan to more efficiently deliver transit projects in the region;
and
in the case of a highway project, the PROJECT will comply with MTC Resolution No. 4104, which sets forth MTC’s
Traffic Operations System (TOS) Policy to install and activate TOS elements on new major freeway projects; and
in the case of an RTIP project, state law requires PROJECT be included in a local congestion management plan, or be
consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the countywide
transportation agency; and
WHEREAS, that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the
PROJECT; and
WHEREAS, there is no legal impediment to APPLICANT making applications for the funds; and
WHEREAS, there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the
ability of APPLICANT to deliver such PROJECT; and
WHEREAS, APPLICANT authorizes its Executive Director, General Manager, or designee to execute and file an application
with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and
WHEREAS, MTC requires that a copy of this resolution be transmitted to the MTC in conjunction with the filing of the
application.
NOW, THEREFORE, BE IT RESOLVED that the APPLICANT is authorized to execute and file an application for funding
for the PROJECT for REGIONAL DISCRETIONARY FUNDING under the FEDERAL TRANSPORTATION ACT or
continued funding; and be it further
RESOLVED that APPLICANT will provide any required matching funds; and be it further
RESOLVED that APPLICANT understands that the REGIONAL DISCRETIONARY FUNDING for the project is fixed at the
MTC approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that
APPLICANT does not expect any cost increases to be funded with additional REGIONAL DISCRETIONARY FUNDING; and
be it further
RESOLVED that APPLICANT understands the funding deadlines associated with these funds and will comply with the
provisions and requirements of the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) and
APPLICANT has, and will retain the expertise, knowledge and resources necessary to deliver federally-funded transportation and
transit projects, and has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation
projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans,
FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process
for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and be it further
RESOLVED that PROJECT will be implemented as described in the complete application and in this resolution, subject to
environmental clearance, and, if approved, for the amount approved by MTC and programmed in the federal TIP; and be it
further
RESOLVED that APPLICANT has reviewed the PROJECT and has adequate staffing resources to deliver and complete the
PROJECT within the schedule submitted with the project application; and be it further
RESOLVED that PROJECT will comply with the requirements as set forth in MTC programming guidelines and project
selection procedures for the PROGRAM; and be it further
RESOLVED that, in the case of a transit project, APPLICANT agrees to comply with the requirements of MTC’s Transit
Coordination Implementation Plan as set forth in MTC Resolution No. 3866, revised; and be it further
RESOLVED that, in the case of a highway project, APPLICANT agrees to comply with the requirements of MTC’s Traffic
Operations System (TOS) Policy as set forth in MTC Resolution No. 4104; and be it further
RESOLVED that, in the case of an RTIP project, PROJECT is included in a local congestion management plan, or is consistent
with the capital improvement program adopted pursuant to MTC’s funding agreement with the countywide transportation agency;
and be it further
RESOLVED that APPLICANT is an eligible sponsor of REGIONAL DISCRETIONARY FUNDING funded projects; and be it
further
RESOLVED that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the
PROJECT; and be it further
RESOLVED that there is no legal impediment to APPLICANT making applications for the funds; and be it further
RESOLVED that there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or
the ability of APPLICANT to deliver such PROJECT; and be it further
RESOLVED that APPLICANT authorizes its Executive Director, General Manager, City Manager, or designee to execute and
file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution;
and be it further
RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application; and
be it further
RESOLVED that the MTC is requested to support the application for the PROJECT described in the resolution, and if approved,
to include the PROJECT in MTC's federal TIP upon submittal by the project sponsor for TIP programming.
Contact: Mary Halle, 925.313.2327
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
RECOMMENDATION(S):
ADOPT Resolution No. 2019/551 accepting completion of improvements for subdivision SD17-09300 for a
project developed by Shapell Industries Inc., a Delaware Corporation, as recommended by the Public
Works Director, San Ramon (Dougherty Valley) area. (District II)
FISCAL IMPACT:
No Fiscal Impact.
BACKGROUND:
The developer has completed the improvements per the Subdivision Agreement, and in accordance with the
Title 9 of the County Ordinance Code.
CONSEQUENCE OF NEGATIVE ACTION:
The completion of improvements will not be accepted and the warranty period will not begin.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V Supervisor
Contact: Randolf Sanders
(925)313-2111
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Jocelyn LaRocque- Engineering Services, Randolf Sanders- Engineering Services, Joshua Laranang- Engineering Services, Chris Hallford -Mapping , Renee Hutchins -
Records, Karen Piona- Record, Chris Low - City of San Ramon, Shapell Homes, a Division of Shapell Industries, Inc., Philadelphia Indemnity Insurance Company,
T-07/17/2020, Sherri Reed
C. 4
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director/Chief Engineer
Date:October 22, 2019
Contra
Costa
County
Subject:Accepting completion of improvements for subdivision SD17-09300, San Ramon (Dougherty Valley) area.
AGENDA ATTACHMENTS
Resolution No. 2019/551
Decrease Penalty Rider
MINUTES ATTACHMENTS
Signed: Resolution No.
2019/551
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 10/22/2019 by the following vote:
AYE:4
John Gioia
Candace Andersen
Diane Burgis
Karen Mitchoff
NO:
ABSENT:1 Federal D. Glover
ABSTAIN:
RECUSE:
Resolution No. 2019/551
IN THE MATTER OF: accepting completion of improvements for subdivision SD17-09300 for a project developed by Shapell
Industries Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area.
(District II)
The Public Works Director has notified this Board that the improvements in subdivision SD17-09300 have been completed as
provided in the Subdivision Agreement with Shapell Industries Inc., a Delaware Corporation heretofore approved by this Board
in conjunction with the filing of the Subdivision Map.
WHEREAS, these improvements are approximately located along "new" Dougherty Road, near Bollinger Canyon Road.
NOW, THEREFORE, BE IT RESOLVED that the improvements have been COMPLETED as of October 22, 2019, thereby
establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement:
DATE OF AGREEMENT: August 14, 2018
NAME OF SURETY: Philadelphia Indemnity Insurance Company
BE IT FURTHER RESOLVED the payment (labor and materials) surety for $1,117,500.00, Bond No. PB00579800090 issued
by the above surety be RETAINED for the six month lien guarantee period until April 22, 2020 at which time the Board
AUTHORIZES the release of said surety less the amount of any claims on file.
BE IT FURTHER RESOLVED that Bergamot Court, Bergamot Way and Roseum Court for the hereinafter described public
improvements, as shown and dedicated for public use on the Final Map of subdivision SD17-09300, filed, in Book 539 of Final
Maps at Page 1, Official Records of Contra Costa County, State of California, are ACCEPTED AS COMPLETE.
Road Name: Bergamot Court
Length (miles): 0.24
Road/ROW Width: 36’/46’
Road Name: Bergamot Way
Length (miles): 0.06
Road/ROW Width: 36’/46’
Road Name: Roseum Court
Length (miles): 0.12
Road/ROW Width: 36’/46’
BE IT FURTHER RESOLVED that upon acceptance by the Board of Supervisors, the San Ramon City Council shall accept the
improvements for maintenance and ownership in accordance with the Dougherty Valley Memorandum of Understanding.
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the $22,500 cash deposit
(Auditor's Deposit Permit No. 761124, dated May 4, 2018) made by Shapell Industries Inc., a Delaware Corporation, and the
performance surety bond rider for $332,325.00, Bond No PB00579800090 issued by Philadelphia Indemnity Insurance Company
be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board.
Contact: Randolf Sanders (925)313-2111
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Jocelyn LaRocque- Engineering Services, Randolf Sanders- Engineering Services, Joshua Laranang- Engineering Services, Chris Hallford -Mapping ,
Renee Hutchins - Records, Karen Piona- Record, Chris Low - City of San Ramon, Shapell Homes, a Division of Shapell Industries, Inc., Philadelphia
Indemnity Insurance Company, T-07/17/2020, Sherri Reed
RECOMMENDATION(S):
ADOPT Resolution No. 2019/592 proclaiming the week of October 19-26, 2019 as “California Flood
Preparedness Week” in Contra Costa County, as recommended by the Public Works Director, Countywide.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
Last year, on October 16, 2018, the Board declared “California Flood Preparedness Week” on October
20-26, 2018. This year, the State has declared “California Flood Preparedness Week” to be on October
19-26, 2019.
The County would join federal, state, and other local agencies during Flood Preparedness week in raising
awareness of flood risk in California and reminding Californians that climate change impacts, recent
wildfires, and extreme weather events make it more important than ever for Californians to be flood ready.
Floods after fire present greater risk to communities and homes downslope of burn areas because the
ground cannot absorb the water. Instead, rain hits slick, charred hillsides and picks up ash, topsoil, and
debris as it moves downhill. Flash flooding,
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V Supervisor
Contact: Jocelyn LaRocque -
(925)313-2315
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Jocelyn LaRocque- Engineering Services, Randolf Sanders- Engineering Services, David Twa. CAO, Susan Shiu - CCTV, Carrie Ricci- Duty
C. 5
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director/Chief Engineer
Date:October 22, 2019
Contra
Costa
County
Subject:PROCLAIM the week of October 19-26, 2019 as “California Flood Preparedness Week” in Contra Costa County.
BACKGROUND: (CONT'D)
mudflows, and debris flows happen quickly, so it is critical people and communities living downslope of
a burn area are prepared.
As part of the Unincorporated County Floodplain Management Program administered by the Public
Works Department, Public Works would like to provide information about the Unincorporated Contra
Costa County Floodplain Program and resources on flood risk and preparedness. This information is also
available through the California Department of Water Resources, specifically the Flood Preparedness
website, which provides links to additional information from such agencies as the Federal Emergency
Management Agency and the National Flood Insurance Program.
CONSEQUENCE OF NEGATIVE ACTION:
Contra Costa County will not declare that week as the statewide California Flood Preparedness Week.
AGENDA ATTACHMENTS
Resolution No. 2019/592
MINUTES ATTACHMENTS
Signed: Resolution No. 2019/592
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 10/22/2019 by the following vote:
AYE:4
John Gioia
Candace Andersen
Diane Burgis
Karen Mitchoff
NO:
ABSENT:1 Federal D. Glover
ABSTAIN:
RECUSE:
Resolution No. 2019/592
IN THE MATTER OF: proclaiming California Flood Preparedness Week October 19-26, 2019.
WHEREAS the County of Contra Costa recognizes the significant public safety threat flooding poses to the population, assets,
and economy of our County; and
WHEREAS the floodplain management program services provided in our community are an integral part of our citizen’s
everyday lives; and
WHEREAS the support and understanding of an informed citizenry is vital to the efficient administration of the Unincorporated
Contra Costa County Floodplain Program; and
WHEREAS the health and safety of this community greatly depend on the administration of this program; and
WHEREAS during the California Flood Preparedness Week, local, state, and federal agencies across the state work together to
inform the public about the dangers of flooding, how to prepare their homes and families for a flood, and plan for recovery; and
WHEREAS climate change impacts, recent wildfires, and extreme weather events make it more important than ever for
Californians to be flood ready; and
WHEREAS California Flood Preparedness Week 2019 will be held statewide during the week of October 19-26, 2019; and
WHEREAS the theme for California Flood Preparedness Week 2019 will be “Be Aware, Be Prepared, and Take Action!”
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Contra Costa County does hereby recognize October
19-26, 2019 as CALIFORNIA FLOOD PREPAREDNESS WEEK, support public awareness of flood risk, and encourages
County residents to take action to understand their flood risk and prepare appropriately.
Contact: Jocelyn LaRocque - (925)313-2315
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Jocelyn LaRocque- Engineering Services, Randolf Sanders- Engineering Services, David Twa. CAO, Susan Shiu - CCTV, Carrie Ricci- Duty
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Public Works Director, or designee, to waive associated rental fees for
the use of Lefty Gomez Community Center for New Horizon’s Annual Thanksgiving Food Distribution and
Christmas Food Basket Toy Distribution, Rodeo area. (District V)
FISCAL IMPACT:
$840.00 - 100% County Service Area (CSA) R-10. CSA R-10 will not receive revenue from this activity.
BACKGROUND:
New Horizons Career Development Center (CDC) is committed to providing resources for residents who
meet the guidelines for low income levels in the Rodeo community. Resources include: computer and
resume workshops; life skills classes; and opportunities for educational advancement. Each year New
Horizons CDC presents holiday events which bring the community together.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Carl Roner
(925)313-2213
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Vincent Manuel, BOS- District V, Slava Gospodchikov - Engineering Services , Carl Roner- Special Districts, Rochelle Johnson - Special Districts, Victoria Skerritt, Special
Districts
C. 6
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director/Chief Engineer
Date:October 22, 2019
Contra
Costa
County
Subject:Waive associated rental fees for the use of Lefty Gomez Community Center by New Horizons Career Development
Center, Rodeo area.
BACKGROUND: (CONT'D)
This is a day of fun, and includes food basket and toy distributions.
To help defray the costs associated with these events, New Horizons CDC is requesting a waiver of the
$840.00 of associated rental fees for the use of the Lefty Gomez Community Center on the following
dates and times:
· November 15, 2019, from 10 a.m. to 4:00 p.m. for the 2019 Thanksgiving Food Distribution.
· December 14, 2019, from 12:00 p.m. to 4:00 p.m. for the Annual Christmas Food Basket Distribution
and Christmas Toy Giveaway.
The requested dates do not conflict with other community programs that take place regularly at Lefty
Gomez Community Center.
CONSEQUENCE OF NEGATIVE ACTION:
If this request for fee waivers is not approved, the use of the Lefty Gomez Community Center would not
be funded via the CSA R-10 and New Horizons CDC would be responsible for paying $840.00 of
associated rental fees for the use of the Rodeo Senior Center.
ATTACHMENTS
New Horizon 2019 Holiday letter and Flyer for County - Fee Waiver Request
New Horizon 2019 Holiday Rental Application
RECOMMENDATION(S):
Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District
(District), APPROVE and AUTHORIZE the Chief Engineer, or designee, to execute on behalf of the
District, a license agreement with the City of Walnut Creek (City) for the purpose of operating and
maintaining trails along the Pine Creek Channel and Milton Kubicek Detention Basin, effective October
22,2019, and shall remain in effect for 25 years, pursuant to Section 31 of the Contra Costa County Flood
Control and Water Conservation District Act. (Project No.: 7520-6B8315)(CP#18-31).
DETERMINE that the conveyance of the license is in the public interest and will not substantially conflict
or interfere with the use of the property by the District.
DETERMINE that the activity is not subject to the California Environmental Quality Act (CEQA), pursuant
to Article 5, Section 15061(B)(3) of the State CEQA guidelines; and DIRECT the Director of the
Department of Conservation and Development (DCD) to file a Notice of Exemption with the County Clerk.
DIRECT the Chief Engineer to arrange for payment of a $50.00 fee to the County Clerk for filing and a
$25.00 fee to DCD for processing the Notice of Exemption.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Jewel Lopez (925)
957-2485
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Jorge Hernandez, PW Flood Control
C. 7
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director/Chief Engineer
Date:October 22, 2019
Contra
Costa
County
Subject:Approve and Authorize the Chief Engineer to execute a license agreement between CCC FCWCD and the City of
Walnut Creek related to paved trails.
RECOMMENDATION(S): (CONT'D)
DIRECT the Real Estate Division of the Public Works Department to cause said license agreement be
delivered to the City of Walnut Creek.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
In June 2017, the District issued an encroachment permit, for a period of five years, to the City for the
maintenance and operation of the existing trail within the Milton Kubicek Detention Basin and the
existing wood pedestrian bridge, known as the Diablo Shadows pedestrian bridge, over the Pine Creek
Flood Control Channel, which connects a City-maintained regional trail with Diablo Shadows Park. By
entering into a License Agreement with the City, the City would be able to operate and maintain the
existing trail within the Milton Kubicek Detention Basin for a longer term. The City would also have the
ability to operate and maintain the Diablo Shadows pedestrian bridge, an existing trail and any new
permitted trails along the Pine Creek Flood Control Channel. The City has agreed to accept
responsibility for liability, vegetation maintenance, and litter control within the trail area.
CONSEQUENCE OF NEGATIVE ACTION:
The District would continue to have the responsibility to maintain the areas that the City utilizes as trails.
ATTACHMENTS
License Agreement
CEQA
RECOMMENDATION(S):
AUTHORIZE the Chief Engineer, Contra Costa County Flood Control and Water Conversation District
(FC District), or designee, to plan and organize the 6th Quadrennial Contra Costa County Creek and
Watershed Symposium (Symposium), to be held in Moraga on December 5, 2019, and to work with
potential sponsors to help fund the event, Countywide.
FISCAL IMPACT:
Flood Control District staff time is covered by FC District Funds.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V Supervisor
Contact: Michelle Cordis, (925)
313-2381
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Allison Knapp, Deputy Chief Engineer, Tim Jensen, Flood Control, Michelle Cordis, Flood Control, Beth Balita, Finance, Catherine Windham, Flood Control
C. 8
To:Contra Costa County Flood Control District Board of Supervisors
From:Brian M. Balbas, Public Works Director/Chief Engineer
Date:October 22, 2019
Contra
Costa
County
Subject:6th Quadrennial Contra Costa Watershed Symposium. Project No. 7505-6F8513
BACKGROUND:
The Symposium is an event that provides an opportunity for interested individuals representing a wide
variety of organizations and perspectives to assemble and learn about timely and significant issues
regarding the health of creeks and watersheds. The day-long Symposium will be held at St. Mary’s College
on December 5, 2019. The event will focus on a variety of issues related to creeks and watersheds,
including climate change, the Lower Walnut Creek Channel project, and the status and health of various
animals and habitats in our watersheds as a measure of watershed health.
The Symposium is being organized through the Contra Costa Watershed Forum (CCWF). The CCWF is an
open committee of some fifty organizations, including state and local agencies, local nonprofit
environmental and education organizations, community volunteer groups, and private citizens. The work of
CCWF participants is premised on the notion that actions in a watershed are interrelated and, therefore,
broad participation and cooperation is needed to effect change. Members of the CCWF work together to
find common approaches to making our water resources healthy, functional, attractive and safe community
assets. The FC District has contracted with the Contra Costa Resource Conservation District (CCRCD) to
organize the CCWF after years of this work being done by the Department of Conservation and
Development.
The past five quadrennial symposia had an attendance of between 250 and 350 people. CCTV filmed and
broadcast the prior four events and will be asked to do so again this year.
The cost to attend has traditionally been minimal or free. With increased costs to provide an excellent
quality symposium as in previous years, the 2019 event is proposed to have tickets at approximately $25 per
person. Sponsorships help defray event costs, approximately $80,000 of FC District funds. Sponsorship
levels include varying numbers of tickets as well and advertisement opportunities. Sponsorship Levels are
listed here: http://cocowaterweb.org/2019symposium/. The FC District already qualifies as a Sponsor by
virtue of its in-kind support. The CCRCD will also be receiving approximately $5,000 from the Fish &
Wildlife Propagation Fund. CCWF is currently working on identifying additional potential sponsors and
cosponsors.
The Symposium occurs every four years and is a very highly regarded and much anticipated event. Staff
recommends the Board authorize the planning work needed to organize and host this very special and
popular event.
CONSEQUENCE OF NEGATIVE ACTION:
If this Board Order is not approved, the FC District will not have authorization to plan the 6th Watershed
Symposium.
CHILDREN'S IMPACT STATEMENT:
Schools will be included in outreach activities for the Symposium. Youth may be included in the content of
the Symposium, which is still under development.
RECOMMENDATION(S):
Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District
(Flood Control District), APPROVE and AUTHORIZE the Chief Engineer, or designee, to use funds from
Flood Control District Fund No. 250500 to pay approximately $920,000 towards settlement and additional
costs incurred in Contra Costa County Flood Control and Water Conservation District v. Gary
A. Eames, et al., Case No. C15-02052, as recommended by the Chief Engineer, Antioch area.
FISCAL IMPACT:
Up to $920,000 from Fund No. 250500 will be used to pay the settlement in the Eames case and other
Flood Control District expenses related to the Eames case. An additional of approximately $420,000 in
Drainage Area 55 (DA 55) funds will be contributed to the settlement.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Tim Jensen, (925)
313-2390
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Allison Knapp, Deputy Chief Engineer, Tim Jensen, Flood Control, Paul Detjens, Flood Control, Catherine Windham, Flood Control
C. 9
To:Contra Costa County Flood Control District Board of Supervisors
From:Brian M. Balbas, Public Works Director/Chief Engineer
Date:October 22, 2019
Contra
Costa
County
Subject:West Antioch Creek at 10th Street Drainage Improvement Project — Source of funds for payment of Condemnation
Action. Project No. 7579-6D8399
BACKGROUND:
On June 11, 2019, the Board of Supervisors approved a settlement in litigation titled Contra Costa
County Flood Control and Water Conservation District v. Gary A. Eames, et al., Case No.
C15-02052 — a condemnation action to acquire property for the West Antioch Creek Channel
Improvements project in DA 55. When the settlement was approved, Flood Control District staff
anticipated that $1.4 million in DA 55 funds would be available to pay the Flood Control District’s portion
of the settlement — $1.1 million in addition to the $750,000 already deposited with the State Treasurer —
and related litigation costs. After judgment was entered in the Eames case on September 16, 2019, staff
determined that only approximately $480,000 is available in the DA 55 fund. Therefore, staff recommends
using funds from Flood Control District Fund No. 250500 to pay the balance of the settlement
(approximately $620,000) and the Flood Control District attorney’s fees and other costs incurred in the
Eames case (up to approximately $300,000). Monies in Fund No. 250500 are not restricted to a particular
drainage area and can be used for any Flood Control District expenses.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board Order is not approved, the Flood Control District will not have sufficient funds in the DA 55
account to pay a settlement in the Eames case, or its outstanding litigation costs, and the Flood Control
District will be exposed to additional liabilities.
RECOMMENDATION(S):
RECEIVE public report of litigation settlement agreements that became final during the period of
September 1, 2019, through September 30, 2019, as recommended by County Counsel
FISCAL IMPACT:
Settlement amounts are listed below.
BACKGROUND:
One agreement to settle pending litigation, as defined in Government Code section 54956.9, became final
during the period of September 1, 2019, through September 30, 2019.
Contra Costa County Flood Control and Water Conservation District v. Gary A. Eames, et al., CCC Sup.
Ct. Case No. C15-02052. This was an action to acquire certain property by eminent domain in the Antioch
area for the West Antioch Creek Channel Improvement project, a District and City of Antioch project. In
exchange for title to the property, the property owner will be paid $3.9 million, of which the District will
pay $1,850,000, and the City will pay $2,050,000. Each party will bear its own costs and attorney's fees in
the litigation. The Board of Supervisors, acting as the District's governing body, authorized
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Thomas Geiger,
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: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 10
To:Board of Supervisors
From:Sharon L. Anderson, County Counsel
Date:October 22, 2019
Contra
Costa
County
Subject:Public report of litigation settlement agreements that became final during the period of September 1, 2019, through
September 30, 2019
BACKGROUND: (CONT'D)
the settlement on June 11, 2019, in closed session, by a 5-0 vote. Judgment pursuant to the parties'
stipulation was entered September 16, 2019.
This report includes final settlements of litigation matters handled by the Office of the County Counsel.
This report does not include litigation settlements that were reported by the Risk Management Division of
the County Administrator's Office as a consent item on the Board's open session agenda.
CONSEQUENCE OF NEGATIVE ACTION:
The report would not be accepted.
RECOMMENDATION(S):
DENY claims filed by Nancy Anderson, Century Vision Developers, CSAA on belhalf of Yahaira
Figueroa, Duane Fisher and Andrea Golden, Guillermo Gomez, Mohammad R. Mohammody and Kevin
Tse. DENY late claim filed by Bhakti Yahoodi Bey, and Christopher Lyne.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
Nancy Anderson: Personal injury claim for damages arising out of execution of search warrant in the
amount of $150,000.
Century Vision Developers: Property claim for damage to vehicle arising out of motor vehicle accident in
the amount of $14,788.82
CSAA on behalf of Yahaira Figueroa: Property claim for damage to vehicle in an unknown amount to
vehicle in a motor vehicle accident involving a County employee.
Duane Fisher & Andrea Golden: Property damage to personal property arising out of motor vehicle
accident involving a County employee in the amount of $1,320.
Guillermo Gomez: Personal injury claim arising out of an automobile accident in the amount of $5,000,000.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Scott Selby
925.335.1400
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 11
To:Board of Supervisors
From:David Twa, County Administrator
Date:October 22, 2019
Contra
Costa
County
Subject:Claims
BACKGROUND: (CONT'D)
Mohammad R. Mohammody: Property claim for damage to vehicle due to roadway conditions in the
amount of $1,081.49
Kevin Tse: Property claim for damage to vehicle due to roadway conditions in the amount of $156.63.
Bhakti Yahoodi Bey: Request that Board of Supervisors accept a late claim alleging breach of a treaty by
the United States.
Christopher Lyne: Request that Board of Supervisors accept a late claim for property tax exemption.
RECOMMENDATION(S):
Acting as the Governing Board of the Housing Authority of Contra Costa County, DENY claim filed by
Lizette Sadler.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
Lizette Sadler: Property claim for personal property damaged by a fire in the amount of $1,485.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Scott Selby
925.335.1400
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 12
To:Board of Supervisors
From:Joseph Villarreal, Executive Director
Date:October 22, 2019
Contra
Costa
County
Subject:Claims
RECOMMENDATION(S):
ACCEPT Board members meeting reports for September 2019. ACCEPT District II August 2019 report.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
Government Code section 53232.3(d) requires that members of legislative bodies report on meetings
attended for which there has been expense reimbursement (mileage, meals, lodging ex cetera). The attached
reports were submitted by the Board of Supervisors members in satisfaction of this requirement. District V
has nothing to report.
CONSEQUENCE OF NEGATIVE ACTION:
The Board of Supervisors will not be in compliance with Government Code 53232.3(d).
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V Supervisor
Contact: Joellen Bergamini
925.335.1906
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 13
To:Board of Supervisors
From:David Twa, County Administrator
Date:October 22, 2019
Contra
Costa
County
Subject:ACCEPT Board members meeting reports for September 2019
ATTACHMENTS
District III September 2019
Report
District IV September 2019
Report
District II August 2019 Report
District I September 2019 Report
District II September 2019 Report
Date Meeting Name Location
2-Sep Interdrone Conference - Airport Oakland
3-Sep Interdrone Conference Las Vegas
4-Sep Interdrone Conference Las Vegas
4-Sep
Phone Meeting with John Kopchik, Director of
Conservation and Development Las Vegas
5-Sep Interdrone Conference Las Vegas
6-Sep Interdrone Conference - Airport Oakland
7-Sep Moonlight on the Mountain Event Danville
9-Sep Legislative Committee Meeting Martinez
9-Sep Internal Operations Committee Meeting Martinez
9-Sep
Meeting with Zell & Associates, Western Region,
and Corporate Communication Martinez
9-Sep First 5 Commission Meeting Concord
10-Sep Board of Supervisors Meeting Martinez
10-Sep
Contra Costa County Fire Protection District
Meeting Martinez
11-Sep Airport Committee Meeting Concord
11-Sep Meeting with County Supervisor Karen Mitchoff Concord
11-Sep Meeting with County Administrator, David Twa Martinez
11-Sep LAFCO Meeting Martinez
12-Sep Commanders Call Meeting Oakley
12-Sep
Phone Meeting with Chief Broschard and Fire
Marshal Bachman Brentwood
12-Sep Meeting with Antioch GenOn Antioch
12-Sep Tour of Oakley North Point Site Oakley
12-Sep Tour of Brentwood Transit Village Brentwood
13-Sep
Contra Costa Health Plan/Joint Conferece
Committee Meeting Martinez
13-Sep Delta 6 Meeting Brentwood
13-Sep Meeting with County Staff Brentwood
13-Sep Meeting with Brentwood City Manager, Gus Vina Brentwood
13-Sep 21st Labor to Labor Dinner Orinda
16-Sep Northern Waterfront Ad Hoc Committee Meeting Martinez
16-Sep Illegal Dumping Ad HOC Meeting Martinez
16-Sep 2020 Census Meeting Martinez
17-Sep Board of Supervisors Meeting Martinez
17-Sep
Contra Costa Sustainability Awards & Green
Business Recognition Event Pleasant Hill
18-Sep
Meeting with Mental Health Commissioner,
Douglas Dunn Brentwood
Supervisor Diane Burgis - September 2019 AB1234 Report
(Government Code Section 53232.3(d) requires that members legislative bodies report on meetings
attended for which there has been expense reimbursement (mileage, meals, lodging, etc).
18-Sep
Meeting with Integrated Pest Management
Director, Wade Finlinson Brentwood
18-Sep Constituent Meeting Brentwood
18-Sep
Meeting with Chief Helmick, East Contra Costa
Fire Protection District Brentwood
19-Sep Ag Policy Meeting Knightsen
19-Sep Meeting with Alliance for a Better Brentwood Brentwood
19-Sep Meeting with Captain Borbely, Office of the Sheriff Brentwood
19-Sep
Interview for the Brentwood-Byron-Knightsen
Union Cemetery District Brentwood
19-Sep Delta Protection Commission Meeting Clarksburg
20-Sep Phone Meeting with Delta Counties Coalition Brentwood
20-Sep Stand Down on the Delta Event Antioch
21-Sep Marsh Creek Coastal Cleanup Day Event Brentwood
21-Sep Antioch Historical Car Show Event Antioch
21-Sep Stand Down on the Delta Event Antioch
21-Sep Heart of Oakley Event Oakley
21-Sep
Delta Protection Commission Coastel Cleanup
Day Event Antioch
21-Sep Choice in Aging Event Antioch
23-Sep Delta Water Roundtable Meeting Walnut Grove
24-Sep Board of Supervisors Meeting Martinez
24-Sep Housing Authority Meeting Martinez
25-Sep
Interviews for the Knightsen Town Advisory
Council Brentwood
25-Sep
Interviews for the Brentwood-Byron-Knightsen
Union Cemetery District Brentwood
25-Sep
Meeting with Carol Jensen, Historical Landmark
Advisory Committee Brentwood
25-Sep Tri Delta Transit Meeting Antioch
25-Sep
Interview for the Contra Costa County Fire
Commission Antioch
26-Sep
Meeting with Lt. Sliger and Lt. Foley from the
Office of the Sheriff Martinez
26-Sep Meeting with Elemental Wellness Martinez
26-Sep Meeting with Northstar Equities, Inc.Martinez
26-Sep Phone Meeting with Chief Marcucci, Cal Fire Martinez
27-Sep Phone Meeting with Delta Counties Coalition Brentwood
27-Sep East Family Justice Center Grand Opening Antioch
27-Sep Antioch BAART Open House Antioch
28-Sep
Markstein Sales Company 100th Anniversary
Event Antioch
28-Sep Undead Roller Derby Event Antioch
30-Sep
Interview with Contra Costa Resource
Conservation District Antioch
30-Sep
Interview for the Contra Costa Commission for
Women Brentwood
30-Sep Meeting with Sutter Delta Medical Center Brentwood
* Reimbursement may come from an agency other than Contra Costa County
Purpose
Conference
Conference
Conference
Meeting
Conference
Conference
Community Outreach
Meeting
Meeting
Meeting
Meeting
Meeting
Meeting
Meeting
Meeting
Meeting
Meeting
Meeting
Meeting
Meeting
Meeting
Meeting
Meeting
Meeting
Meeting
Meeting
Community Outreach
Meeting
Meeting
Meeting
Meeting
Community Outreach
Meeting
Supervisor Diane Burgis - September 2019 AB1234 Report
(Government Code Section 53232.3(d) requires that members legislative bodies report on meetings
attended for which there has been expense reimbursement (mileage, meals, lodging, etc).
Meeting
Meeting
Meeting
Meeting
Meeting
Meeting
Meeting
Meeting
Meeting
Community Outreach
Community Outreach
Community Outreach
Community Outreach
Community Outreach
Community Outreach
Community Outreach
Meeting
Meeting
Meeting
Meeting
Meeting
Meeting
Meeting
Meeting
Meeting
Meeting
Meeting
Meeting
Meeting
Community Outreach
Community Outreach
Community Outreach
Community Outreach
Meeting
Meeting
Meeting
* Reimbursement may come from an agency other than Contra Costa County
Supervisor Karen Mitchoff
September 2019
DATE MEETING NAME LOCATION PURPOSE
09/07/19 Moonlight on the Mountain Danville Community Outreach
09/09/19 Legislation Committee Martinez Decisions on agenda items
09/10/19 Board of Supervisors Meeting Martinez Decisions on agenda items
09/13/19 ABAG Administrative Committee San Francisco Decisions on agenda items
09/13/19 Labor to Labor Dinner Orinda Community Outreach
09/17/19 Board of Supervisors Meeting Martinez Decisions on agenda items
09/19/19 ABAG Executive Board Meeting San Francisco Decisions on agenda items
09/23/19 Delta Water Roundtable Meeting Walnut Grove Water Advocacy
09/25/19 Delta Conservancy Meeting Sacramento Water Advocacy
Supervisor Candace Andersen – Monthly Meeting Report August 2019
Date Meeting Location
2 Citizens Corp San Ramon
5 SWAT San Ramon
6 Board of Supervisors Martinez
6 Solar Ribbon Cutting Martinez
6 Nat’l Night Out Danville
Supervisor John Gioia
September – 2019 Monthly Meeting Statement
Government Code section 53232.3(d) requires that members of legislative bodies report on
meetings attended for which there has been expense reimbursement (mileage, meals, lodging,
etc.).
1. Meeting Date: September 4, 2019
Meeting: CSAC Foundation Retreat
Location: Sacramento, CA
2. Meeting Date: September 5, 2019
Meeting: CSAC Board of Directors
Location: Sacramento, CA
3. Meeting Date: September 7 to September 10,
Meeting: Rail-Volution Conference
Location: Vancouver, BC
Supervisor Gioia sought reimbursement from the County only for meeting s that he attended in
his capacity as a County Supervisor during the month of September, 2019 located outside
Contra Costa County.
Supervisor Candace Andersen – Monthly Meeting Report September 2019
Date Meeting Location
5 CCCTA MP&L Lafayette
9 Fire Station 16 opening Lafayette
9 Internal Operations Martinez
10 Board of Supervisors Martinez
10 State of the District San Ramon
11 CCCERA Concord
11 Exchange Club Danville
11 LAFCO Martinez
11 Start Smart Danville
12 Community Forum Suicide Prevention San Ramon
12 East Bay EDA Oakland
14 Confire Memorial Concord
16 Alamo Liaison Danville
17 Board of Supervisors Martinez
17 Traffix San Ramon
17 Sustainable CC Awards Pleasant Hill
19 CCCTA Concord
19 TriValley Council Danville
19 ABAG San Francisco
20 Mental Health Advisory San Ramon
23 Family & Human Services Martinez
23 TriValley Regional Power Summit Pleasanton
24 Board of Supervisors Martinez
25 CCCERA Concord
25 Speak to Alamo Rotary Alamo
26 Bishop Ranch Exec Forum San Ramon
26 CCCSWA Walnut Creek
27 EBRCSA Alameda
RECOMMENDATION(S):
ADOPT Resolution No. 2019/599 honoring the winners of Arts and Culture Commission of Contra Costa
County 2019 Arts Recognition Awards.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Julia Taylor,
925.335.1043
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc:
C. 14
To:Board of Supervisors
From:David Twa, County Administrator
Date:October 22, 2019
Contra
Costa
County
Subject:Arts and Culture Commission of Contra Costa County 2019 Arts Recognition Awards
AGENDA ATTACHMENTS
Resolution 2019/599
MINUTES ATTACHMENTS
Signed Resolution No.
2019/599
In the matter of:Resolution No. 2019/599
Honoring the winners of the Arts and Culture Commission of Contra Costa County 2019 Arts Recognition Awards.
WHEREAS, Dr. Lawrence E. Anderson is Founder and Conductor Emeritus of the
Danville Community Band; is a lifelong music educator and band director on the high
school and college level beginning at Miramonte High School in Orinda; was an
adjudicator for the California Music Educators Association for music festivals for
elementary through high school students; in retirement, has served as Student Teacher
Supervisor for Chapman University in Walnut Creek; has been published in numerous
professional journals; and has a monthly column “Note on Key” for Alive Magazine;
and
WHEREAS, Dr. Napoleon Dargan has brought innovative arts programming to some
of the most vulnerable residents of Contra Costa County; has attained amazing results
to address anxiety and depression; has brought his powerful work to national and
regional conferences to spread it to systems around the Country; has led programs
throughout the Contra Costa County Health Service for patients and staff to engage in
various forms of the arts with education in many core subjects; and has been an active
contributor to the Art of Health and Healing for 7 years; and
WHEREAS, Rosalinda Grejsen Co-founded the Art Guild of the Delta in Brentwood;
has been Gallery Director of the Delta Gallery Community Art Center; was President
of the Brentwood Art Society; is working with the Brentwood Library to help with
Art displays at the new library facility; is currently the Chair of the City of Brentwood
Arts Commission and has added many projects to the City art inventory; and is a
talented ceramic artist with her work being juried in regional and national shows; and
WHEREAS, Leslie Noel founded the Peter Pan Foundation (PPF) to inspire children
of all ages to find their inner talents and confidence, to develop strength of character
and enhance creativity, all while engaging in philanthropy; over 2,000 children/teen
performers have participated in PPF performances and philanthropic events, which
resulted in donations to University of California San Francisco Benioff Children’s
Hospital of over $2,000,000 and more than 150 PlayStation video games, and has
granted 100 Make-A-Wish wishes to terminally ill kids; and
WHEREAS, Kelsey Wengel is a facilitator of learning and a mentor to her art students
at Dougherty Valley High School (DVHS); with the City of San Ramon, oversees the
“Beauty of Age” program that partners DVHS advanced art students with senior
citizens to create a meaningful portrait of the senior; and is the Visual Arts mentor for
the San Ramon Valley Unified School District, working with all 5 high schools in the
District to curate a gallery exhibit at San Ramon City Hall highlighting the students’
artwork.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors congratulates Dr. Lawrence E.
Anderson, Dr. Napoleon Dargan, Rosalinda Grejsen, Leslie Noel, and Kelsey Wengel, for their outstanding
achievement and contributions to Contra Costa County’s arts and culture.
___________________
JOHN GIOIA
Chair, District I Supervisor
______________________________________
CANDACE ANDERSEN DIANE BURGIS
District II Supervisor District III Supervisor
______________________________________
KAREN MITCHOFF FEDERAL D. GLOVER
District IV Supervisor District V Supervisor
I hereby certify that this is a true and correct copy of an
action taken
and entered on the minutes of the Board of Supervisors on
the date
shown.
ATTESTED: October 22, 2019
David J. Twa,
By: ____________________________________, Deputy
PR.2, C.14
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V Supervisor
Contact: Fatima Matal Sol,
925-335-3307
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc: Marcy Wilhelm, Fatima Matal Sol
C. 15
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:October 22, 2019
Contra
Costa
County
Subject:Declaring October 23rd-31st, 2019 as Red Ribbon Week
AGENDA ATTACHMENTS
Resolution 2019/603
MINUTES ATTACHMENTS
Signed Resolution No.
2019/603
In the matter of:Resolution No. 2019/603
Declaring October 23rd-31st, 2019 "Red Ribbon Week" in Contra Costa County
WHEREAS, substance use in America creates staggering societal costs and prevent millions of people from reaching their full
potential. The 2018 National Survey on Drug Use and Health (NSDUH) reported that nearly one in five people aged 12 or older
used an illicit drug in the past year, of which 43.5 million people consumed marijuana in the past year; and
WHEREAS, during 2018 approximately 20.3 million people aged 12 or older had a Substance Use Disorder (SUD), including
14.8 million people who had an Alcohol Use Disorder (NSDUH); and to improve the well-being of our nation and to protect
county residents, we must continue to make the prevention and treatment of alcohol and other drug use a priority; and
WHEREAS, The National Partnership, Inc., initiated the Red Ribbon Week Campaign after Drug Enforcement Administration
Agent Enrique “Kiki” Camarena was killed in Mexico by drug traffickers in 1985; and
WHEREAS, nationally, the percentage of youth reporting they see “great risk” in using marijuana has declined (Monitoring Our
Future, 2018); and
WHEREAS, in Contra Costa 27% of 11th graders stated that there was no harm in smoking marijuana occasionally, and 69% of
11th graders report that marijuana is either fairly easy or very easy to obtain(CHKS, 2015-2017); and
WHEREAS, it is imperative that visible, unified prevention education efforts by community members be launched to maintain an
honest perception of harm and reduce youth access to marijuana; and
WHEREAS, The National Red Ribbon Week Campaign offers citizens the opportunity for youth and parents to demonstrate their
commitment to drug-free lifestyles, and will be celebrated in every community in America during Red Ribbon Week, October
23-31, 2019; and
WHEREAS, the Behavioral Health Division Alcohol and Other Drugs Services, schools and community based organizations
such as Reach Project, and the Alcohol and Other Drugs Advisory Board coordinate Red Ribbon Week activities to offer our
residents the opportunity to demonstrate their commitment to healthy, alcohol and drug-free lifestyles; and
WHEREAS, business, government, parents, law enforcement, media, medical institutions, religious institutions, schools, senior
citizens, service organizations, and youth will demonstrate their commitment to healthy, drug-free lifestyles by wearing and
displaying red ribbons during this week-long celebration;
NOW, THEREFORE, BE IT RESOLVED that the Contra Costa County Board of Supervisors does hereby proclaim October
23-31, 2019, as RED RIBBON WEEK, and encourages its citizens to participate in alcohol and other drug prevention activities
and programs, not only during Red Ribbon Week, but all year long, making a visible statement that we are strongly committed to
an alcohol and drug-free Contra Costa County.
___________________
JOHN GIOIA
Chair, District I Supervisor
______________________________________
CANDACE ANDERSEN DIANE BURGIS
District II Supervisor District III Supervisor
______________________________________
KAREN MITCHOFF FEDERAL D. GLOVER
District IV Supervisor District V Supervisor
I hereby certify that this is a true and correct copy of an
action taken
and entered on the minutes of the Board of Supervisors on
the date
shown.
ATTESTED: October 22, 2019
David J. Twa,
By: ____________________________________, Deputy
PR.1, C.15
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V Supervisor
Contact: Daniel Peddycord, 925-
313-6712
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc: Gail Doyle, Marcy Wilhelm
C. 16
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:October 22, 2019
Contra
Costa
County
Subject:Proclaim October 20 – 26, 2019 as Childhood Lead Poisoning Prevention Week
AGENDA ATTACHMENTS
Resolution 2019/601
MINUTES ATTACHMENTS
Signed Resolution No.
2019/601
In the matter of:Resolution No. 2019/601
PROCLAIMING OCTOBER 20 – 26, 2019 AS “CHILDHOOD LEAD POISONING PREVENTION
WEEK”
WHEREAS, Contra Costa County recognizes the importance of healthy homes and a safe environment for
all of our children and families; and
WHEREAS, an important part of ensuring a safe environment is preventing Contra Costa children from
being poisoned by lead in their homes and community; and
WHEREAS, research shows that children are harmed by even low levels of lead and that lead poisoning
often has few or no early visible symptoms; and
WHEREAS, lead poisoning can have lifelong effects, especially for children, ranging from cognitive and
behavioral problems to delayed growth and learning disabilities; and
WHEREAS, Contra Costa children may be exposed to lead from deteriorated lead-based paint and
contaminated soil, and from other sources such as cultural and consumer products, lead brought home from
the workplace, and historic environmental contamination; and
WHEREAS, to keep our children safe and healthy, all children under the age of six should be assessed for
lead exposure, at-risk children should receive blood tests for lead; and lead hazards must be identified and
removed from a child’s environment; and
WHEREAS, lead poisoning is preventable through greater awareness and elimination of lead hazards; using
lead-safe work practices when disturbing lead-based paint; and ensuring that children have a healthy diet
and access to health care; and
WHEREAS, the State of California has enabled the Contra Costa Lead Poisoning Prevention Project
(LPPP) to offer services to these children, and since 1993 the LPPP has been working to reduce the number
of lead poisoned children in Contra Costa through case management, outreach and education, and early
intervention services; and
WHEREAS, screening results show that Contra Costa children are still being exposed to the dangers of lead
NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors proclaims October 20 - 26, 2019 as
Childhood Lead Poisoning Prevention Week in Contra Costa County, to prevent childhood lead poisoning
through increased community awareness and activities supporting the elimination of lead from our homes,
consumer products and other sources, and the environment.
___________________
JOHN GIOIA
Chair, District I Supervisor
______________________________________
CANDACE ANDERSEN DIANE BURGIS
District II Supervisor District III Supervisor
______________________________________
KAREN MITCHOFF FEDERAL D. GLOVER
District IV Supervisor District V Supervisor
I hereby certify that this is a true and correct copy of an
action taken
and entered on the minutes of the Board of Supervisors on
the date
shown.
ATTESTED: October 22, 2019
David J. Twa,
By: ____________________________________, Deputy
C.16
RECOMMENDATION(S):
ADOPT Resolution No. 2019/602 proclaiming November 6, 2019 as the Contra Costa County
Shelter-in-Place Education Day.
BACKGROUND:
Contra Costa County Community Awareness and Emergency Response Group, Inc. has worked with
schools and day care facilities for the last eighteen years on sheltering in place when there is a hazardous
material release that could impact them. This protective action is the best immediate action that a person
can take to protect them against exposure to hazardous materials that could occur from an accidental release
or spill. Attached find the proclamation and a flyer announcing November 6, 2019 as Shelter-in-Place
Education Day.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Cho Noi Cheung,
925-335-3212
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc: cho nai cheung, Marcy Wilhelm
C. 17
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:October 22, 2019
Contra
Costa
County
Subject:CAER 2019 Shelter-in-Place Education Day
AGENDA ATTACHMENTS
Resolution 2019/602
2019 Fact Sheet
MINUTES ATTACHMENTS
Signed Resolution No.
2019/602
In the matter of:Resolution No. 2019/602
Proclaiming November 6, 2019 as the Contra Costa County Shelter-in-Place Education Day
Whereas public and private schools and childcare centers throughout Contra Costa County will be
participating in the Shelter-in-Place Drill on November 6th; and
Whereas Contra Costa Community Awareness Emergency Response Group – CAER – is sponsoring the
18th Annual Shelter-in-Place Drill and assisting schools and childcare centers with their emergency
preparedness; and
Whereas emergency response agencies including fire, sheriff and health officials all recommend
Shelter-in-Place as the immediate action to take in case of a hazardous release; and
Whereas the Shelter-in-Place Drill increases public awareness about Shelter-in-Place as a protective action
and gives students and teachers practice in implementing this important procedure; and
Whereas the County Office of Education has endorsed the Shelter-in-Place Drill and encouraged all sites to
participate;
Now, Therefore, Be It Resolved that the Contra Costa County Board of Supervisors recognizes the
importance of preparing for emergencies and encourages participation in the Contra Costa CAER Group’s
public education efforts. In support of the parents, teachers, students and staff that will be participating
with hundreds of other schools and childcare centers in the Shelter-in-Place Drill, we proclaim November
6, 2019, as “Shelter-in-Place Education Day.”
___________________
JOHN GIOIA
Chair, District I Supervisor
______________________________________
CANDACE ANDERSEN DIANE BURGIS
District II Supervisor District III Supervisor
______________________________________
KAREN MITCHOFF FEDERAL D. GLOVER
District IV Supervisor District V Supervisor
I hereby certify that this is a true and correct copy of an
action taken
and entered on the minutes of the Board of Supervisors on
the date
shown.
ATTESTED: October 22, 2019
David J. Twa,
By: ____________________________________, Deputy
PR.4, C.17
CCC CAER Group, Inc.
www.cococaer.org
2019 Shelter-in-Place Drill
FACT SHEET
The Shelter-in-Place drill will begin at 11:00 a.m. on November 6th . This coincides with the
testing of the safety sirens in Contra Costa that sound at 11:00 a.m.
Or, if necessary, you can change to a time b etter suited to your site.
Each site will determine how complex they want the Shelter -in-Place drill to be at their own
facility. The scope can range from a tabletop exercise with staff to a full-scale drill bringing
everyone inside to Shelter-in-Place. Drill can be as long as you want it to be.
The drill is being sponsored by Contra Costa County CAER (Community Awareness
Emergency Response) Group. CAER is a non-profit organization with members from fire,
law enforcement, health services, emergency services, plus community and industry
representatives.
All public and private schools and childcare centers are encouraged to participate. This is a
chance to be part of a countywide exercise that will promote further awareness about
Shelter-in-Place training and procedures.
Participating schools and childcare centers will have their names posted on the CAER web
site at www.cococaer.org.
The County Board of Supervisors as well as All City Councils in the County are being asked
to proclaim November 6th as “Shelter-in-Place Education Day.”
The Shelter-in-Place Drill is an annual event on the first Wednesday in November. CAER
sponsors the drill to promote emergency preparedness in our schools and childcare centers .
Please note: If you do not normally hear the sound of the sirens on the first
Wednesday of every month YOU WILL NOT HEAR THEM ON NOV. 6th Sirens
are only one of the ways a Shelter -in-Place alert is broadcast. In an actual emergency,
other tools to alert the public would also be used, such as KCBS 740AM radio,
scrolling messages on CCTV, weather radio alerts, and the TENS system (automated
telephone calls) as well as cell phone notifications.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Sonia Bustamante,
(510)231-8686
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc:
C. 18
To:Board of Supervisors
From:John Gioia, District I Supervisor
Date:October 22, 2019
Contra
Costa
County
Subject:Recognizing Contra Costa County Cities Citizen Corp for receiving Award for Outstanding Community Impact
AGENDA ATTACHMENTS
Resolution 2019/613
MINUTES ATTACHMENTS
Signed Resolution No.
2019/613
In the matter of:Resolution No. 2019/613
Contra Costa County Cities Citizen Corp CERT Committee Award for Outstanding
Community Impact
Whereas, The network of CERT programs in this County came into existence through
a grass roots workgroup that represented cities, fire districts and local communities
named “Contra Costa County Cities Citizen Corp CERT Committee” or C-8; and
Whereas, The regional connection has allowed for greater funding opportunities,
shared organized training and education on CERT topics and in the last several years
C-8 has expanded its membership to include CERT programs from Alameda and
Solano Counties, increasing collaboration and better training opportunities to serve the
greater Bay Area; and
Whereas, C-8's regional approach has yielded additional standardization of training,
shared equipment, resources and joint disaster exercises amongst the cities and each
disaster exercise conducted in the Fall and Spring generally serves 100 new graduates
supporting seven incorporated and unincorporated areas of the County; and
Whereas, Because of C-8's regional approach The San Ramon Valley Fire District
created an emergency training program for Community Care and Intermediate Care
Facilities, this program involved CERT groups helping train the care home staffs of
these facilities serving the elderly and, the CERT groups partnered with the County
Public Health Department to distribute training materials to these facilities in West,
Central, South and East County areas; and
Whereas, C-8 was also instrumental in supporting the Contra Costa County Animal
Disaster Response Team (CART) program, the CART training program educates
volunteers about animals' responses during a disaster, and how to care and shelter
animals in evacuation shelter, many of the volunteers in this program have deployed
to the multiple north state fires and evacuations in the past two years to serve animals
in sheltering feeding and care; and
Whereas, After CERT members graduate from their basic 20 hours of training, they
are encouraged to further their training by becoming Amateur Radio Operators, Red
Cross Shelter workers, taking CERT Traffic Control Class and joining the Contra
Costa CART; and
Whereas, C-8 has helped to get Spanish CERT out to many areas of the County, the
program called Listos, which is an abbreviated CERT training fills a gap that existed
delivering emergency preparedness training to the Hispanic Community, Listos
training is being pushed out countywide followed by Spanish CERT programs
currently in three cities; and
Whereas, CERT C-8 received the Outstanding Community Impact Award from the
State of California Office of Volunteers, which was given to members of the C-8 at
the National CERT Conference this past June in San Diego in recognition of C-8 for
their expansion of services to the citizens in emergency preparedness training
throughout the County; and
Whereas, The C-8 currently has 70 members from throughout the region and all the
cities in the County are represented including County Animal Services, the County
Office of Emergency Services, County Fire, local refineries, the Community Colleges
Office of Emergency Services, County Fire, local refineries, the Community Colleges
District, County Health Services, American Red Cross, Alameda County Fire,
Vacaville Fire, and the City of Marin CERT.
The Contra Costa County Board of Supervisors does hereby recognize C-8 for their outstanding work in
emergency preparedness and as awardee of the Outstanding Community Impact from the California Office
of Volunteers, Office of the Governor of the State of California.
___________________
JOHN GIOIA
Chair, District I Supervisor
______________________________________
CANDACE ANDERSEN DIANE BURGIS
District II Supervisor District III Supervisor
______________________________________
KAREN MITCHOFF FEDERAL D. GLOVER
District IV Supervisor District V Supervisor
I hereby certify that this is a true and correct copy of an
action taken
and entered on the minutes of the Board of Supervisors on
the date
shown.
ATTESTED: October 22, 2019
David J. Twa,
By: ____________________________________, Deputy
PR.3, C.18
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Kate Rauch
510-231-8691
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc:
C. 19
To:Board of Supervisors
From:John Gioia, District I Supervisor
Date:October 22, 2019
Contra
Costa
County
Subject:Honoring Michelle Seville, Retiring Richmond Arts & Culture Manager and Devoted Arts Advocate
AGENDA ATTACHMENTS
Resolution 2019/614
MINUTES ATTACHMENTS
Signed Resolution No.
2019/614
In the matter of:Resolution No. 2019/614
Honoring Michelle Seville, Retiring Richmond Arts & Culture Manager and Devoted Arts Advocate
WHEREAS, Michele Seville has lived in West Contra Costa County for 27 years, and
has created a legacy of arts support throughout the area; and
WHEREAS, Michele Seville was one of the original park rangers at the Rosie the
Riveter National Historical Park when it was first established in late 2000, where she
recorded the oral histories of many “Rosies” from around the country; and
WHEREAS, Michele Seville volunteered in 1998 to serve as project manager for the
Richmond Annex Mural commissioned by the Richmond Annex Neighborhood
Council, thereby elevating her to the attention of then Richmond Arts & Culture
Manager Virginia Rigney and securing herself a position on the Richmond Arts &
Culture Commission where she served for six years; and
WHEREAS, Michele Seville was a founding co-coordinator of Point Richmond
Music, which she continues to volunteer with 18 years later; and
WHEREAS, Michele Seville was part of the design team that helped design the West
County Reentry Success Center, serving individuals and families impacted by
incarceration in one welcoming hub in Richmond; and
WHEREAS, Michele Seville has supported and collaborated with numerous
independent organizations and agencies working to make Richmond a thriving and
welcoming—and art-filled—city for all, including Richmond Main Street Initiative,
Richmond, CA/Regla, Cuba Friendship Committee, Richmond Museum of History,
Arts & Culture Commission of Contra Costa County, arts commissions in
neighboring cities, Water Emergency Transportation Authority, and California Poets
in the Schools; and
WHEREAS, as the Richmond Arts & Culture Manager, Michele Seville has been a
tireless advocate for public art and for the arts in general; and
WHEREAS, Michele Seville has led city support for Richmond’s primary nonprofit
arts organizations, including NIAD (Nurturing Independence Through Artistic
Development), RAC (Richmond Art Center), EBCPA (East Bay Center for the
Performing Arts), and the Richmond, CA/Regla, Cuba Friendship Committee’s
unique collection of prints by Cuban artist Antonio Canet Hernández; and
WHEREAS, as the Richmond Arts & Culture Manager, Michele Seville served the
city by supporting and collaborating with numerous organizations and events, such as
“Chalk It Up for the Birds,” culminating in the designation of the osprey as
Richmond’s official city bird; “Blossoms and Thorns,” a photography exhibition
focusing on the internment of Japanese-American residents of West County during
WWII; finding an art conservationist for the Richmond Museum of History to restore
the recently discovered Arnautoff mural; Richmond Greenway development,
supporting activities, visioning, and grant proposals; the Richmond Writes! Poetry
Contest for youth in schools; and building and maintaining the most comprehensive
arts information notification network in West Contra Costa County, earning herself
the title of “Queen of Connections” awarded by the East Bay Express in August 2018;
and
WHEREAS, Michele Seville counts as her most important work both the passage of
the Percent for Art in Private Development ordinance and the ongoing Neighborhood
Public Art Program, which was initially funded by a California Arts Council grant
when Virginia Rigney was the Richmond Arts & Culture Manager; after a period of
dormancy, Michele Seville revived the program with city funding, providing
opportunities for youth to work with neighborhoods to create public art programs with
small grants.
WHEREAS, Michelle Seville is retiring as the city of Richmond's Arts & Culture
Manager after 12 years of dedicated, productive, creative service.
NOW THEREFORE , Be It Resolved that the Board of Supervisors of Contra Costa County does hereby
honor Michelle Seville for her amazing contributions to the arts in Richmond, thank her for her inspirational
community service, and wish her well in all future endeavors.
___________________
JOHN GIOIA
Chair, District I Supervisor
______________________________________
CANDACE ANDERSEN DIANE BURGIS
District II Supervisor District III Supervisor
______________________________________
KAREN MITCHOFF FEDERAL D. GLOVER
District IV Supervisor District V Supervisor
I hereby certify that this is a true and correct copy of an
action taken
and entered on the minutes of the Board of Supervisors on
the date
shown.
ATTESTED: October 22, 2019
David J. Twa,
By: ____________________________________, Deputy
C.19
RECOMMENDATION(S):
ADOPT Resolution No. 2019/600, honoring the recipients of the Arts and Culture Commission of Contra
Costa County 2019 Awards for Outstanding Contributions to the Arts.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Julia Taylor,
925.335.1043
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc:
C. 20
To:Board of Supervisors
From:David Twa, County Administrator
Date:October 22, 2019
Contra
Costa
County
Subject:Arts and Culture Commission of Contra Costa County 2019 Awards for Outstanding Contributions to the Arts
AGENDA ATTACHMENTS
Resolution 2019/600
MINUTES ATTACHMENTS
Signed Resolution No.
2019/600
In the matter of:Resolution No. 2019/600
Honoring the winners of the Arts and Culture Commission of Contra Costa County 2019 Awards for Outstanding
Contributions to the Arts.
WHEREAS, Lafayette Town Hall Theater is being awarded an Award for
Outstanding Contributions to the Arts as the longest running and oldest continuously
active theatre company in Contra Costa County, and is reaching a milestone
celebrating their 75th Anniversary and 300th theatre production; has provided high
quality theater, education and live entertainment that enriches, enlightens and engages
their patrons, community, and performers; their music, theater and dance education
program serves 600 families per year; and, they bring their programs to Lamorinda
elementary schools, host Music and Comedy events and host an annual Lafayette
Community music festival showcasing the community’s wide-ranging musical
talents; and
WHEREAS, Blue Devil Performing Arts (BDPA), founded by Tony and Ann Odello
in 1957, is being awarded an Award for Outstanding Contributions to the Arts; was
founded as a Drum Corps with a separate marching team, but later added
glockenspiels (bells), Color Guard and horns to their productions; was undefeated
State Champion Drum and Bell Corps from 1957-1970; the Majorettes earned six
National Championships and twelve National Team titles; became the 19th time Drum
Corps International World Champion Drum and Bugle Corps; BDPA also includes a
B Drum and Bugle Corps and a C Drum and Bugle Corps, the Diablo Wind
Symphony, which includes 60-80 local students ages 14-22, the River City College
Indoor Percussion group, a B Winter Guard and a Special Needs Guard; has provided
unique opportunities to their fans and members by offering performances and clinics
with great artists in the musical world; has been featured in concerts all over the
world; and, since inception, has served over 6,000 young people, in 1,800 families.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors congratulates Town Hall Theatre
and Blue Devil Performing Arts for their outstanding achievements, commitment, and contributions to
Contra Costa County’s arts and culture.
___________________
JOHN GIOIA
Chair, District I Supervisor
______________________________________
CANDACE ANDERSEN DIANE BURGIS
District II Supervisor District III Supervisor
______________________________________
KAREN MITCHOFF FEDERAL D. GLOVER
District IV Supervisor District V Supervisor
I hereby certify that this is a true and correct copy of an
I hereby certify that this is a true and correct copy of an
action taken
and entered on the minutes of the Board of Supervisors on
the date
shown.
ATTESTED: October 22, 2019
David J. Twa,
By: ____________________________________, Deputy
C.20
RECOMMENDATION(S):
1. INTRODUCE Ordinance No 2019-31, adopting the 2019 California Building code, the 2019 California
Residential Code, the 2019 California Green Building Standards Code, the 2019 California Electrical Code,
the 2019 California Plumbing Code, the 2019 California Mechanical Code, and the 2019 Existing Building
Code, with changes, additions and deletions. WAIVE reading, and FIX November 12, 2019 at 9:30 a.m. for
a public hearing to consider adoption of the ordinance and adoption of findings of local conditions to justify
construction standards stricter than those imposed by Health and Safety Code section 19180 et seq.
2. DIRECT the Clerk of the Board to publish notice of the hearing pursuant to Government Code section
6066.
3. AUTHORIZE the preparation of an ordinance summary by County Counsel and the publication of the
summary in accordance with Government Code section 25124, and DIRECT the Clerk of the Board of
Supervisors to post a copy of the full text of the proposed ordinance in the office of the Clerk of the Board.
FISCAL IMPACT:
None
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Jason Crapo,
925-674-7722
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc:
C. 21
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:October 22, 2019
Contra
Costa
County
Subject:Introduce Ordinance No. 2019-31, adopting the 2019 California Building Standard Codes
BACKGROUND:
The California Building Standards Commission has adopted the 2019 California Building Standards
Code (CBSC), replacing the 2016 CBSC. The CBSC includes the California Building, Residential,
Electrical, Plumbing, Mechanical, Green Building Standards, Fire, Energy, Historical Building and
Existing Building Codes. These statewide codes will be effective January 1, 2020. The Department of
Conservation and Development is responsible for enforcing the CBSC within the unincorporated area of
the County.
Although these codes apply statewide, Health and Safety Code sections 17958.5 and 18941.5 authorize a
local jurisdiction to modify or change these codes and establish more restrictive building standards if the
local jurisdiction finds that the changes and modifications are reasonably necessary because of local
climatic, geological, topographical, or environmental conditions. The attached proposed ordinance
would adopt the statewide codes and amend them to address local conditions.
The proposed Ordinance No 2019-31 amends the statewide codes due to local climatic, geographical,
topographical, and environmental conditions. These conditions are described in the attached Findings.
The following are the substantive changes to the 2019 California Building Standards Code:
Modifications to the 2019 California Building Code
Require installation of hard-wired smoke detectors in existing flat roof buildings
when a pitched roof is added on top of the existing flat roof, and the solid sheathing
of the flat roof is not removed. This amendment is the same as the local amendment
made to the previous statewide code.
Require more reinforcing in some building foundations to better withstand seismic
forces found in the region of California. This amendment is the same as the local
amendment made to the previous statewide code.
Modifications to the 2019 California Residential Code
Prohibit the use of gypsum wallboard as seismic bracing, and restrict the use of
Portland Cement Plaster as seismic bracing to single-story, single-and two-family
dwellings and accessory structures. These amendments are the same as the previous
code cycle and are based on the performance of these materials during previous
earthquakes in California.
Modifications to the 2019 California Green Building Standards Code
Electric vehicle charging station requirements for new multi-family buildings will
be amended as follows. The statewide code requires 10 percent of parking space be
designated as Electric Vehicle Charging Spaces ("EV spaces") and equipped with
the electrical conduit and other associated electrical infrastructure to support the
future installation of electrical vehicle charging devices. The ordinance would
require that half of the designated EV spaces (5% of the total number of parking
spaces) be equipped with fully operational electrical vehicle charging equipment.
This amendment would impose a stricter standard than that included in the statewide
code, and the percentage of parking spaces required to be equipped with fully
operational charging equipment is consistent with the current policy previously
adopted by the Board.
Electrical vehicle station requirements for non-residential buildings will be amended
as follows. The statewide code generally requires 6 percent of parking spaces be
designated as Electric Vehicle Charging Spaces ("EV spaces") and equipped with
the electrical conduit and other associated electrical infrastructure to support the
future installation of electric vehicle charging devices. The ordinance would require
that all designated EV spaces be equipped with fully operational electric vehicle
charging equipment. This amendment is the same local amendment made to the
previous statewide code.
More restrictive construction waste reduction, disposal and recycling standards
consistent with those presently enforced in the County, including the following.
Apply construction waste management requirements in the statewide code to certain
projects for existing residential buildings, including: demolition projects when a
demolition permit is required, except demolition projects that are necessary to abate
a public nuisance; projects that impact 5,000 square feet or more of the total
combined conditioned and unconditioned building area; projects that increase the
total combined conditioned and unconditioned building area by 5,000 square feet or
more. Delete the exception from construction waste management requirements for
projects solely based on their isolated location from diversion facilities. Require
measuring and documentation of all generated debris to ensure that at least 65% is
diverted from landfills.
Modifications to the 2019 California Existing Building Code
The amendments to the 2019 California Existing Building Code are not substantive in nature and are
limited to administrative provisions for the use and enforcement of this Code and to be consistent with
the administrative provisions of the other statewide codes as amended.
CONSEQUENCE OF NEGATIVE ACTION:
If the proposed ordinance is not approved, the County will not adopt the 2019 California Building
Standards Code as amended.
ATTACHMENTS
Findings
Ordinance No. 2019-31
FINDINGS FOR ORDINANCE NO. 2019-31
1
CONTRA COSTA COUNTY
FINDINGS IN SUPPORT OF CHANGES, ADDITIONS, AND DELETIONS TO
STATEWIDE BUILDING STANDARDS CODE
The California Building Standards Commission has adopted and published the 2019 Building
Standards Code, which is comprised of the 201 9 California Building, Residential, Green Building
Standards, Electrical, Plumbing, Mechanical, and Existing Building Codes. These codes are enforced
in Contra Costa County by the Building Inspection Division of the Department of Conservation and
Development.
Although these codes apply statewide, Health and Safety Code sections 17958.5 and 18941.5
authorize a local jurisdiction to modify or change these codes and establish more restrictive building
standards if the jurisdiction finds that the modifications and changes are reasonably necessary because
of local climatic, geological, or topographical conditions. For amendments to the California Green
Building Standards Code, local climatic, geological, and topographical conditions include local
environmental conditions.
Ordinance No. 2019-31 adopts the statewide codes and amends them to address local conditions.
Pursuant to Health and Safety Code section 17958.7, the Contra Costa County Board of Supervisors
finds that the more restrictive standards contained in Ordinance No. 2019-31 are reasonably necessary
because of the local climatic, geological, and topographic conditions that are described below.
I. Local Conditions
A. Geological and Topographic
1. Seismicity
(a) Conditions
Contra Costa County is located in Seismic Design Categories D and E, which designates
very high risk for earthquakes. Buildings and other structures in these zones can
experience major seismic damage. Contra Costa County is near numerous earthquake
faults including the San Andreas Fault, and all or portions of the Hayward, Calaveras,
Concord, Antioch, Mt. Diablo, and other lesser faults. A 4.1 earthquake with its
epicenter in Concord occurred in 1958, and a 5.4 earthquake with its epicenter also in
Concord occurred in 1955. The Concord and Antioch faults have a potential for a
Richter 6 earthquake and the Hayward and Calaveras faults have the potential for a
Richter 7 earthquake. Minor tremblers from seismic activity are not uncommon in the
area. A study released in 2015 by the Working Group of California Earthquake
Probabilities predicts that for the San Francis co region, the 30-year likelihood of one or
FINDINGS FOR ORDINANCE NO. 2019-31
2
more earthquake of 6.7 or larger magnitude is 72%. The purpose of this Working Group
is to develop statewide, time-dependent Earthquake Rupture Forecasts for California that
use best available science, and are endorsed by the United States Geological Survey, the
Southern California Earthquake Center, and the California Geological Survey. Scientists,
therefore, believe that an earthquake of a magnitude 6.7 or larger is now slightly more
than twice as likely to occur as to not occur in, approximately, the next 30 years.
Interstates 680, 80, 580 and State Route 4 run throughout Contra Costa County. These
interstates and state route divide the County into west, south, north and east areas. An
overpass or undercrossing collapse would significantly alter the response route and time
for responding emergency equipment.
Earthquakes of the magnitude noted above could cause major damage to electrical
transmission facilities and to gas and electrical lines in buildings, causing disruption and
starting fires throughout the County.
(b) Impact
A major earthquake could severely restrict the response of Contra Costa County Fire
Districts and their capability to control fires. When buildings not equipped with
earthquake structural support move off their foundations, gas pipes may rupture. Fires
may develop from line ruptures and spread from house to house, causing an extreme
demand for fire protection resources. The proximity of large areas within the County
to fault traces necessitates adopting stricter structural construction standards.
2. Soils
(a) Conditions
The area is replete with various soils, many of which are expansive. Many areas have
landslide prone soils and some areas are potentially liquefiable during severe seismic
shaking.
Throughout Contra Costa County, the topography and development growth has
created a network of older, narrow roads. These roads vary from gravel to asphalt
surface and vary in percent of slope, many exceeding 20%. Several of these roads
extend up through the winding passageways in the hills providing access to remote,
affluent housing subdivisions. The majority of these roads are private with no
established maintenance program. During inclement weather, these roads are subject
to rock and mudslides, as well as downed trees, obstructing all vehicle traffic. It is
anticipated that during an earthquake, several of these roads would be unpassable
FINDINGS FOR ORDINANCE NO. 2019-31
3
preventing fire protection resources from reaching fires caused by gas line ruptures or
other sources.
3. Topographic
(a) Conditions
i) Vegetation
Highly combustible dry grass, weeds, and brush are common in the hilly and open
space areas adjacent to built-up locations 6 to 8 months of each year. Many of these
areas frequently experience wildland fires, which threaten nearby buildings,
particularly those with wood roofs, or sidings. This condition can be found
throughout Contra Costa County, especially in those developed and developing areas
of the County. Earthquake gas fires due to gas line ruptures can ignite grasslands
and stress fire district resources.
ii) Surface Features
The arrangement and location of natural and manmade surface features, including
hills, creeks, canals, freeways, housing tracts, commercial development, fire stations,
streets, and roads, combine to limit fe asible response routes for Fire District
resources in and to District areas.
iii) Buildings, Landscaping, and Terrain
Many of the newer large buildings and building complexes have building access
and landscaping features and designs, which preclude or greatly limit any approach
or operational access to them by Fire District vehicles. In addition, the presence of
security gates and roads of inadequate width and grades that are too steep for Fire
District vehicles adversely affect fire suppression efforts.
When Fire District vehicles cannot gain access to buildings involved with fire, the
potential for complete loss is realized. Difficulty reaching a fire site often requires
that fire personnel both in numbers and in stamina. Access problems often result
in severely delaying, misdirecting or making impossible fire and smoke
control efforts. In existing structures where pitch ed roofs have been built over an
existing roof, smoke detectors should be required to warn residents of smoke and
fire before the arrival of fire personnel.
(b) Impact
FINDINGS FOR ORDINANCE NO. 2019-31
4
The above local geological and topographical conditions increase the magnitude,
exposure, accessibility problems, and fire hazards presented to the County fire
resources. Fire following an earthquake has the potential of causing greater loss of life
and damage than the earthquake itself. Most earthquake fires are caused by natural
gas line ruptures. Hazardous materials, particularly toxic gases, could pose the greatest
threat to the largest number, should a significant seismic event occur. Public safety
resources would have to be prioritized to mitigate the greatest threat and may be
unavailable for smaller single dwellings that affected or threatened by broken gas lines.
Other variables may intensify the situation:
1. The extent of damage to the water system
2. The extent of isolation due to bridge and/or freeway overpass collapse.
3. The extent of roadway damage and/or amount of debris blocking the roadways.
4. Climatic condition (hot, dry weather with high winds).
5. Time of day will influence the amount of traffic on roadways and could intensify
the risk to life during normal business hours.
6. The availability of timely mutual aid or military assistance.
7. The large portion of dwellings with woo d shake or shingle coverings (both on
the roof diaphragm and sides of the dwellings) could result in conflagrations.
8. The large number of dwellings that slip off their foundations and rupture gas
lines and electrical systems resulting in further conflagrations.
More restrictive electric vehicle charging standards and construction and demolition waste
recovery requirements would not impact the availability of the County’s fire or public
safety resources.
B. Climatic
1. Precipitation and Relative Humidity
(a) Conditions
Precipitation ranges from 15 to 24 inches per year with an average of approximately 20
inches per year. 96% of precipitation falls during the months of October through April ,
and 4% from May through September. May through September is a dry 5-month period
each year. Additionally, the area is subject to occasional drought.
Relative humidity remains in the middle range most of the time. It ranges from 45 to
65% during spring, summer, and fall, and from 60 to 90% in the winter. It occasionally
falls as low as 15%.
(b) Impact
FINDINGS FOR ORDINANCE NO. 2019-31
5
Locally experienced dry periods cause extreme dryness of untreated wood shakes and
shingles on buildings and non-irrigated grass, brush and weeds, which are often near
buildings with wood roofs and sidings. Such dryness causes these materials to ignite
very readily and burn rapidly and intensely. Gas fires due to gas line ruptures can also
spark and engulf a single-family residence during these dry periods.
Because of dryness, a rapidly burning gas fire or exterior building fine can quickly
transfer to other buildings by means of radiation or flying brands, sparks or embers. A
small fire can rapidly grow to a magnitude beyond the control capabilities of the Fire
District resulting in an excessive fire loss.
2. Greenhouse Gas Emissions
(a) Conditions
The California Air Resources Board has collected information on emissions from air
pollution sources since 1969. This information is periodically compiled by State and local
air pollution control agencies to create regional and statewide greenhouse gas emissions
inventories. The California greenhouse gas emissions inventory maintains information on
various air pollution sources and identifies “mobile sources” (all on -road vehicles such as
automobiles and trucks, and off-road vehicles such as trains, ships, aircraft, and farm
equipment) as a primary pollution source. According to the 2016 statewide inventory, the
transportation sector remains the largest source of greenhouse gas emissions, accounting
for 36% of the total greenhouse gas emissions. Emissions from recycling and waste,
comprising 2% of the total greenhouse gas emissions, have grown by 19% since 2000, and
94% of that amount is landfill emissions. California adopted land use and transportation
policies and mandatory recycling laws to help reduce greenhouse gas emissions by
promoting the use of renewable energy sources and reducing landfill disposal.
Contra Costa County also completed a local greenhouse gas emissions inventory as well
as a community-wide Climate Action Plan. The County’s Climate Action Plan contains
measures reducing greenhouse gas emissions pertaining to renewable fuel vehicles and
reducing landfill disposal for the purpose of reducing greenhouse gas emissions.
(b) Impact
More restrictive electric vehicle charging standards and construction and demolition waste
recovery requirements would be consistent with the intent of State legislation and County
requirements to aggressively implement energy and waste policies designed to ensure
success in meeting their greenhouse gas emission reduction and reusable energy and
recycling goals.
FINDINGS FOR ORDINANCE NO. 2019-31
6
3. Temperature
(a) Conditions
Temperatures have been recorded as high as 114° F. Average summer highs are in the
75° to 90° range, with average maximums of 105° F in some areas of unincorporated
Contra Costa County.
(b) Impact
High temperatures cause rapid fatigue and heat exhaustion of firefighters, thereby
reducing their effectiveness and ability to control large building, wildland fires, and
fires caused by gas line ruptures.
Another impact from high temperatures is that combustible building material and non-
irrigated weeds, grass and brush are preheated, thus causing these materials to ignite
more readily and burn more rapidly and intensely. Additionally, the resultant higher
temperature of the atmosphere surrounding the materials reduces the effectiveness of
the water being applied to the burning materials. This requires that more
water be applied, which in turn requires more fire resources in order to control a fire
on a hot day. High temperatures directly contribute to the rapid growth of fires to an
intensity and magnitude beyond the control capabilities of the Fire Districts in Contra
Costa County. The change of temperatures throughout the County between very low
and extreme highs contributes to a voltage drop in conductors used for power pole
lines. This necessitates that voltage drops be considered.
More restrictive electric vehicle charging standards and construction and demolition waste
recovery requirements would not have a negative impact on the temperature conditions
within the County.
4. Winds
(a) Conditions
Prevailing winds in many parts of Contra Costa County are from the north or northwest
in the afternoons. However, winds are experienced from virtually every direction at
one time or another. Velocities can reach 14 mph to 23 mph ranges, gusting to 25 to
35 mph. 40 mph winds are experienced occasionally and winds up to 55 mph have
been registered locally. During the winter half of the year, strong, dry, gusty winds
from the north move through the area for several days creating extremely dry
conditions.
FINDINGS FOR ORDINANCE NO. 2019-31
7
(b) Impact
Winds such as those experienced locally can and do exacerbate fires, both interior and
exterior, to burn, and spread rapidly. Fires involving non-irrigated weeds, grass, brush,
and fires caused by gas line ruptures can grow to a magnitude and be fanned to an
intensity beyond the control capabilities of the fire services very quickly even by
relatively moderate winds. When such fires are not controlled; they can extend to
nearby buildings, particularly those with untreated wood shakes or shingles.
Winds of the type experienced locally also reduce the effectiveness of exterior water
streams used by all Contra Costa County Fire Districts on fires involving large interior
areas of buildings, fires which have vented through windows and roofs due to
inadequate built-in fire protection and fires involving wood shake and shingle building
exteriors. Local winds will continue to be a definite factor toward causing major fire
losses to buildings not provided with fire resistive roof and siding materials and
buildings with inadequately separated interior areas, or lacking automatic fire
protection systems, or lacking proper gas shut -off devices to shut off gas when pipes
are ruptured, or lacking proper electrical systems. National statistics frequently cite
wind conditions, such as those experienced locally, as a major factor where
conflagrations have occurred.
More restrictive electric vehicle charging standards and construction and demolition waste
recovery requirements would not have a negative impact on the wind conditions within the
County.
II. Necessity of More Restrictive Standards
Because of the conditions described above, the Contra Costa County Board of Supervisors finds
that there are building and fire hazards unique to Contra Costa County that require the increased
fire protection and structural and design load requirements set forth in Ordinance No. 2019-
31.
The ordinance amends the 2019 California Building Code by:
o Clarifying the reference to electrical vehicle charging for new residential constructions
to include both future and fully operational chargers in accordance with local
amendments made to the CGBSC. (§74-4.002(b).)
o Requiring the installation of a smoke detector in each existing flat roof building when
a pitched roof is added on top of the existing flat roof, and the solid sheathing of the
flat roof is not removed. (§ 74-4.002(c).)
o Requiring most wood shakes or shingles used for exterior wall covering to be fire
treated. (§ 74-4.002(d).)
o Requiring special inspections for concrete at certain foundations to be consistent with
FINDINGS FOR ORDINANCE NO. 2019-31
8
code requirements for concrete at other locations. (§ 74-4.002(e).)
o Addressing the poor performance of plain concrete structural elements during seismic
events. (§ 74-4.002(f), § 74-4.002(h), § 74-4.002(i).)
o Prohibiting placement of reinforcement while the concrete is in a semifluid
condition thus increasing quality control during construction . Enhanced quality
control is necessary because of seismic considerations. (§ 74-4.002(g).)
The ordinance amends the 2019 California Residential Code by:
o Requiring the installation of a smoke detector in each existing flat roof building when
a pitched roof is added on top of the existing flat roof, and the solid sheathing of the
flat roof is not removed. (§ 74-4.004(c).)
o Prohibiting the use of gypsum wallboard as braced wall panels in single- and two-
family dwellings and accessory structures, and by limiting the use of Portland Cement
Plaster braced walls to only one story single- and two-family dwellings, as these
materials have performed poorly during recent California seismic events. (§74-
4.004(d), and §74-4.004(e).)
The ordinance amends the 2019 California Green Building Standards Code by:
o Imposing more restrictive electric vehicle charging standards consistent with those
presently enforced in the County, as follows:
Clarifying the definition of electric vehicle charging apace to include both current and
future installations to be consistent with local amendments.
For new multi-family buildings:
Requiring five percent of the total number of parking spaces (but not less than one
space) be fully operational Electric Vehicle Charging Spaces (“EV spaces”), where
no fully operational spaces are currently required in the statewide code. (§ 74-
4.006(d).)
Requiring five percent of the total number of parking spaces be prepared for future
Electric Vehicle Charging by installing raceways connected to appropriate
subpanels. Current code requires 10 percent future EVSE spaces, but no operational
spaces. (§ 74-4.006(d).)
For new non-residential buildings:
Requiring that the specified number of EV spaces in new construction provide fully
operational EVSE, as opposed to the statewide code which requires electrical
infrastructure only. ((§ 74-4.006(i).)
Requiring infrastructure for current EV spaces to be installed per the California
Electrical Code to be consistent with local amendments. ((§ §74-4.006(j), and
§ 74-4.006(k).)
Increasing the required number of EV spaces for projects with more than 10 parking
spaces, and less than 201 parking spaces. (§ 74-4.006(l).)
FINDINGS FOR ORDINANCE NO. 2019-31
9
o Imposing more restrictive construction waste reduction, disposal and recycling
standards consistent with those presently enforced in the County as follows:
Imposing the mandatory restrictions from Chapter 4 of the 2019 CGBSC on certain
projects for existing residential buildings, including:
Projects that increase the total combined conditioned and unconditioned building
area by 5,000 square feet or more. ((§ 74-4.006(b).)
Projects that impact 5,000 square feet or more of the total combined conditioned
and unconditioned building area. ((§ 74-4.006(b).)
Demolition projects when a demolition permit is required , except demolition
projects that are necessary to abate a public nuisance. (§ 74-4.006(b), and § 74-
4.006(c).)
Eliminating the exception from construction waste management requirements for
projects solely based on their isolated location from diversion facilities. ((§ 74-
4.006(e).)
Requiring measuring of all generated debris to ensure that at least 65% is diverted
from landfills. (§ 74-4.006(f), and § 74-4.006(p).)
Requiring that more comprehensive documentation for construction waste
management be provided to the enforcing agency and making submittal of the same
a prerequisite for scheduling final inspections. (§ 74-4.006(h), and § 74-4.006(r).)
The amendments to the 2019 California Existing Building Code are not substantive in
nature and are limited to administrative provisions for the use and enforcement of this
Code, and to be consistent with the administrative provisions of the statewide codes as
amended.
ORDINANCE NO. 2019-31
ADOPTION OF CALIFORNIA BUILDING STANDARDS CODES
The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical
footnotes from the official text of the enacted or amended provisions of the County Ordinance
Code):
SECTION I. SUMMARY. This ordinance adopts the 2019 California Building Code, the 2019
California Residential Code, the 2019 California Green Building Standards Code, the 2019
California Electrical Code, the 2019 California Plumbing Code, the 2019 California Mechanical
Code, and the 2019 California Existing Building Code, with changes, additions, and deletions
that are necessary because of local climatic, geological, or topographical conditions. This
ordinance is adopted pursuant to Health and Safety Code sections 17922, 17958, 17958.5, and
17958.7, and Government Code sections 50020 through 50022.10.
SECTION II. Section 74-2.002 (Adoption) of Division 74 (Building Code) of the County
Ordinance Code is amended to read:
74-2.002 Adoption.
(a)The building code of this county is the 2019 California Building Code (California Code
of Regulations, Title 24, Part 2, Volumes 1 and 2), the 2019 California Residential Code
(California Code of Regulations, Title 24, Part 2.5), the 2019 California Green Building
Standards Code (California Code of Regulations, Title 24, Part 11), and the 2019
California Existing Building Code (California Code of Regulations, Title 24, Part 10), as
amended by the changes, additions, and deletions set forth in this division and Division
72.
(b)The 2019 California Building Code, with the changes, additions, and deletions set forth in
Chapter 74-4 and Division 72, is adopted by this reference as though fully set forth in this
division.
(c)The 2019 California Residential Code, with the changes, additions, and deletions set forth
in Chapter 74-4 and Division 72, is adopted by this reference as though fully set forth in
this division.
(d)The 2019 California Green Building Standards Code, with the changes, additions, and
deletions set forth in Chapter 74-4 and Division 72, is adopted by this reference as though
fully set forth in this division.
(e)The 2019 California Existing Building Code, with the changes, additions, and deletions
ORDINANCE NO. 2019-31
1
set forth in Chapter 74-4 and Division 72, is adopted by this reference as though fully set
forth in this division.
(f)At least one copy of this building code is now on file with the building inspection
division, and the other requirements of Government Code section 50022.6 have been and
shall be complied with.
(g)As of the effective date of the ordinance from which this division is derived, the
provisions of the building code are controlling and enforceable within the county. (Ords.
2019-31 § 2, 2016-22 § 2, 2013-24 § 2, 2011-03 § 2, 2007-54 §3, 2002-31 § 3, 99-17 § 5,
99-1, 90-100 § 5, 87-55 § 4, 80-14 § 5, 74-30.)
SECTION III. Chapter 74-4 (Modifications) of Division 74 (Building Code) of the County
Ordinance Code is amended to read:
Chapter 74-4
MODIFICATIONS
74-4.002 Amendments to CBC. The 2019 California Building Code ("CBC") is amended by
the changes, additions, and deletions set forth in this chapter and Division 72. Section numbers
used below are those of the 2019 California Building Code.
(a)CBC Chapter 1 (Scope and Administration) is amended by the provisions of Division 72
of this code and as follows:
(1)Sections 103, 113, 114, and 116 of CBC Chapter 1 are deleted.
(2)Section 105.2 (Work exempt from permit) of CBC Chapter 1, subsection 4 is
amended to read:
4.Retaining walls that are not more than 3 feet in height measured
from the top of the footing to the top of the wall and that have a
downward ground slope at the bottom of the retaining wall not
exceeding 1(vertical):10(horizontal), unless supporting a surcharge
or ground slope exceeding 1(vertical):2(horizontal) or impounding
Class I, II, or III-a liquids.
(3)Section 107.2.1 (Information on construction documents) of CBC Chapter 1 is
amended to read:
107.2.1 Information on Construction Documents. Construction
documents shall include dimensions and shall be drawn to scale on
ORDINANCE NO. 2019-31
2
suitable material. Electronic media documents may be submitted when
approved in advance by the building official. Construction documents
shall be of sufficient clarity to indicate the location, nature, and extent of
the work proposed and to show in detail that it will conform to this code
and all relevant laws, ordinances, rules, and regulations. The first sheet of
each set of plans shall include contact information for the owner and the
person or persons who prepared the plans. Plans shall include a plot plan
showing all existing property lines labeled and fully dimensioned, the
elevations of the top and toe of cuts and fills, and the location of the
proposed building with distances to all property lines and to every existing
building on the property. Instead of detailed specifications, the county
building official may approve references on the plans to a specific section
or part of this code or other ordinances or laws.
(4)Section 110.1 (Inspections - General) of CBC Chapter 1 is amended by adding the
following to the end of that section:
At the time of first inspection by the county building official, a California
licensed Land Surveyor or Civil Engineer shall certify in writing that the
structure is placed according to the approved set of plans. The written
certification must include the site address and permit number. This
requirement does not apply to alterations or repairs to existing structures
that do not affect the exterior limits of the existing structures.
(b)Section 420.13 [HCD] (Electric vehicle (EV) charging for new construction) of CBC
Chapter 4 (Special Detailed Requirements Based on Occupancy and Use) is amended to
read:
420.13 Electric vehicle (EV) charging for new construction. Newly constructed
Group R-1, R-2, and R-3 buildings shall be provided with infrastructure to
facilitate future installation and use of electric vehicle (EV) chargers, and, where
required, newly constructed Group R-2 buildings shall be provided with electric
vehicle charging spaces equipped with fully-operational EV chargers, in
accordance with the California Green Building Standards Code (CALGreen),
Chapter 4, Division 4.1.
(c)Section 907.2.10.9.1 is added to Section 907.2.10.9 (Existing Group R occupancies) of
CBC Chapter 9 (Fire Protection Systems), to read:
907.2.10.9.1 Existing flat roof buildings. In existing flat roof buildings, the
installation of a smoke detector that complies with California Residential Code
Section R314.6 shall be required when a pitched roof is added on top of the
ORDINANCE NO. 2019-31
3
existing flat roof and the solid sheathing of the flat roof is not removed.
(d)Section 1405.2 is added to Section 1405 (Combustible materials on the exterior side of
exterior walls) of CBC Chapter 14 (Exterior Walls), to read:
1405.2 Wood shakes or shingles. Wood shakes or shingles used for exterior
wall covering shall be fire treated unless there is a minimum of 10 feet from the
exterior wall (including shakes or shingles) to the property line or the exterior
wall faces a street.
(e)In Section 1705.3 (Concrete construction) of CBC Chapter 17 (Special Inspections and
Tests), Exception 1 is amended to read:
1.Isolated spread concrete footings of buildings three stories or less above
grade plane that are fully supported on earth or rock, where the structural
design of the footing is based on a specified compressive strength of no
greater than 2,500 pound per square inch (psi) (17.2 Mpa).
(f)Section 1809.8 (Plain concrete footings) of CBC Chapter 18 (Soils and Foundations) is
deleted.
(g)Section 1810.3.9.3 (Placement of reinforcement) of CBC Chapter 18 (Soils and
Foundations) is amended by deleting Exception 3.
(h)Section 1905.1.7 (ACI 318, Section 14.1.4) of CBC Chapter 19 (Concrete) is amended to
read:
1905.1.7 ACI 318, Section 14.1.4. Delete ACI 318, Section 14.1.4, and replace
with the following:
14.1.4 - Plain concrete in structures assigned to Seismic Design Category
C, D, E, or F.
14.1.4.1- Structures assigned to Seismic Design Category C, D, E, or F
shall not have elements of structural plain concrete, except as follows:
(a) Reserved.
(b)Isolated footings of plain concrete supporting pedestals or
columns are permitted, provided the projection of the
footing beyond the face of the supported member does not
exceed the footing thickness.
ORDINANCE NO. 2019-31
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(c) Plain concrete footings supporting walls are permitted,
provided the footings have at least two continuous
longitudinal reinforcing bars. Bars shall not be smaller than
No. 4 and shall have a total area of not less than 0.002
times the gross cross-sectional area of the footing. A
minimum of one bar shall be provided at the top and
bottom of the footing. Continuity of reinforcement shall be
provided at corners and intersections.
(i)Section 1906.1 (Structural Plain Concrete - Scope) of CBC Chapter 19 (Concrete) is
amended by deleting the exception.
(j)Section 1907.l (Minimum Slab Provisions - General) of CBC Chapter 19 (Concrete) is
amended by adding the following sentence to that section:
Slabs shall have a minimum reinforcement of 6-inch by 6-inch by 10-gauge wire
mesh or equal at mid-height.
(k)Appendix C and Appendix I of the CBC are incorporated into the County building code.
Appendix A, Appendix B, Appendix D, Appendix E, Appendix F, Appendix G,
Appendix H, Appendix J, Appendix K, Appendix L, and Appendix M of the CBC are
excluded from the County building code. (Ords. 2019-31 § 3, 2016-22 § 3, 2013- 24 § 3,
2011-03 § 3, 2007-54 § 4, 2002-31 § 3, 99- 17 § 6, 99-1, 90-100 § 6, 87-55 § 5, 80-14 §
6, 74-30 § 1.)
74-4.004 Amendments to CRC. The 2019 California Residential Code ("CRC") is amended by
the changes, additions, and deletions set forth in this chapter and Division 72. Section numbers
used below are those of the 2019 California Residential Code.
(a)Sections R103, R112, and R113 of CRC Chapter 1 (Scope and Application) are deleted.
(b)In Section Rl05.2 (Work exempt from permit) of CRC Chapter 1 (Scope and
Application), subsection 3 is amended to read:
3.Retaining walls that are not more than 3 feet in height measured from the
top of the footing to the top of the wall and that have a downward ground
slope at the bottom of the retaining wall not exceeding
1(vertical):10(horizontal), unless supporting a surcharge or ground slope
exceeding 1(vertical):2(horizontal) or impounding Class I, II, or III-a
liquids.
(c)Section R314.8.1.1 is added to Section R314.8 (Existing Group R-3 occupancies) of CRC
Chapter 3 (Building Planning), to read:
ORDINANCE NO. 2019-31
5
R314.8.1.1 Existing flat roof buildings. In existing flat roof buildings, the
installation of a smoke detector that complies with Section R314.6 shall be
required when a pitched roof is added on top of the existing flat roof and the solid
sheathing of the flat roof is not removed.
(d)Section R602.10.3(3) (Bracing Requirements Based on Seismic Design Category) of
CRC Chapter 6 (Wall Construction) is amended as follows:
(1)The title of Table R602.10.3(3) is amended to read:
TABLE R602.10.3(3)g
(2)Footnote "g" is added to Table R602.10.3(3), to read:
g.In Seismic Design Categories D0, D1, and D2, Method GB is not
permitted and the use of Method PCP is limited to one-story
dwellings and accessory structures.
(e)Section R602.10.4.5 is added to Section R602.10.4 (Construction methods for braced
wall panels) of CRC Chapter 6 (Wall Construction), to read:
R602.10.4.5 Limits on methods GB and PCP. In Seismic Design Categories
D0, D1, and D2, Method GB is not permitted, but gypsum board is permitted to
be installed on the opposite side of the studs from other types of braced wall panel
sheathing. In Seismic Design Categories D0, D1, and D2, the use of Method PCP
is limited to one-story dwellings and accessory structures.
(f)Appendix H of the CRC is incorporated into the County building code. Appendix A,
Appendix B, Appendix C, Appendix D, Appendix E, Appendix F, Appendix G,
Appendix I, Appendix J, Appendix K, Appendix L, Appendix M, Appendix N, Appendix
O, Appendix P, Appendix Q, Appendix R, Appendix S, Appendix T, Appendix U,
Appendix V, and Appendix W of the CRC are excluded from the County building code.
(Ords. 2019-31 § 3, 2016-22 § 3, 2013- 24 § 3, 2011-03 § 3.)
74-4.006 Amendments to CGBSC. The 2019 California Green Building Standards Code
("CGBSC") is amended by the changes, additions, and deletions set forth in this chapter and
Division 72. Section numbers used below are those of the 2019 California Green Building
Standards Code.
(a)Section 202 (Definitions) of CGBSC Chapter 2 (Definitions) is amended by replacing the
definition of Electric Vehicle Charging Space (EV Space) with the following:
ORDINANCE NO. 2019-31
6
ELECTRIC VEHICLE CHARGING SPACE (EV SPACE). A space intended
for current or future installation of EV charging equipment and charging of
electric vehicles.
(b)Section 301.1.1 (Additions and alterations) of CGBSC Chapter 3 (Green Building) is
amended to read:
Section 301.1.1 Additions and alterations. The mandatory provisions of
Chapter 4 shall apply to additions or alterations of existing residential buildings
where the addition or alteration increases the building's conditioned area, volume,
or size. The requirements shall apply only to and within the specific area of the
addition or alteration.
The mandatory provisions of Section 4.408 shall apply to the following types of
construction or demolition projects for existing residential buildings:
1.Projects that increase the total combined conditioned and
unconditioned building area by 5,000 square feet or more.
2.Alterations to existing structures impacting 5,000 square feet or
more of total combined conditioned and unconditioned building
area.
3.Demolition projects when a demolition permit is required.
Exception: Demolition projects undertaken because the enforcing agency
has determined that the demolition is necessary to abate a public nuisance
or otherwise protect public health and safety.
For the purposes of determining whether a project meets the 5,000 square-foot
threshold, the enforcing agency may deem all phases of a project and all related
projects taking place on a single or adjoining parcel(s) as a single project.
(c)Section 301.3.2 (Waste diversion) of CGBSC Chapter 3 (Green Building) is amended to
read:
Section 301.3.2 Waste diversion. The requirements of Section 5.408 shall apply
to additions, alterations, and demolition whenever a permit is required for work.
Exception: Demolition projects undertaken because the enforcing agency
has determined that the demolition is necessary to abate a public nuisance
or otherwise protect public health and safety.
ORDINANCE NO. 2019-31
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(d)Section 4.106.4.2 (New multifamily dwellings) of CGBSC Chapter 4 (Residential
Mandatory Measures) is amended to read:
Section 4.106.4.2 New multifamily dwellings. For any new multifamily
dwelling other than a dwelling type specified in Section 4.106.4.1, if residential
parking is provided, 10 percent of the total number of parking spaces at the
dwelling site shall be electric vehicle charging spaces (EV spaces). Half of the EV
spaces, but not less than one, shall be equipped with fully-operational electric
vehicle supply equipment (EVSE). The remaining EV spaces shall be capable of
supporting future EVSE. The location and type of each EV space shall be
identified on construction documents. Calculations to determine the number of
EV spaces shall be rounded up to the nearest whole number.
(e)Section 4.408.1 (Construction waste management) of CGBSC Chapter 4 (Residential
Mandatory Measures) is amended to read:
Section 4.408.1 Construction waste management. Recycle and/or salvage for
reuse a minimum of 65 percent of the nonhazardous construction and demolition
waste in accordance with Section 4.408.2.
Exceptions:
1.Excavated soil and land-clearing debris.
2.The enforcing agency may identify alternate waste reduction
requirements if the agency determines that an owner or contractor
has adequately demonstrated that diversion facilities necessary for
the owner to comply with this section do not exist or are not
located within a reasonable distance from the jobsite.
(f)Section 4.408.2 (Construction waste management plan) of CGBSC Chapter 4
(Residential Mandatory Measures) is amended to read:
Section 4.408.2 Construction waste management plan. Submit a construction
waste management plan for the project, signed by the owner, in conformance with
Items 1 through 5 prior to issuance of building permit. The construction waste
management plan shall be updated as necessary upon approval by the enforcing
agency and shall be available during construction for examination by the
enforcing agency. The plan must do all of the following:
1.Identify the construction and demolition waste materials to be
diverted from disposal by recycling, reuse on the project, or
salvage for future use or sale.
ORDINANCE NO. 2019-31
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2.Specify if construction and demolition waste materials will be
sorted on-site (source-separated) or bulk mixed (single stream).
3.Identify diversion and disposal facilities where the construction
and demolition waste material will be taken and identify the waste
management companies, if any, that will be utilized to haul the
construction and demolition waste material. A waste management
company utilized to haul construction and demolition waste
material must have all applicable County approvals.
4.Identify construction methods employed to reduce the amount of
construction and demolition waste generated.
5.Specify that the amount of construction and demolition debris shall
be calculated consistent with the enforcing agency’s requirements
for the weighing of debris. The owner shall ensure that all
construction and demolition debris diverted or disposed are
measured and recorded by weight or volume using the most
accurate method of measurement available. To the extent
practicable, all construction and demolition debris shall be weighed
using scales. Scales shall be in compliance with all regulatory
requirements for accuracy and maintenance. For construction and
demolition debris for which weighing is not possible due to lack of
scales or not practical due to materials being reused on-site or
elsewhere or other considerations, a volumetric measurement shall
be used. The owner shall convert volumetric measurements to
weight using the standardized conversion factors approved by the
enforcing agency for this purpose.
(g)Section 4.408.3 (Waste management company) of CGBSC Chapter 4 (Residential
Mandatory Measures) is deleted.
(h)Section 4.408.5 (Documentation) of CGBSC Chapter 4 (Residential Mandatory
Measures) is amended to read:
Section 4.408.5 Documentation. A construction waste management final report
containing information and supporting documentation that demonstrates
compliance with Section 4.408.1, Section 4.408.2, Items 1 through 5, and, when
applicable, Section 4.408.4 or Section 4.408.4.1, shall be provided to the
enforcing agency before the final inspection. The required documentation shall
include, but is not necessarily limited to, the following:
ORDINANCE NO. 2019-31
9
1.Documentation of the quantity by weight of each material type
diverted or disposed, consistent with the requirements of Section
4.408.2, Item 5, and receipts or written certification from all
receiving facilities utilized to divert or dispose waste generated by
the project that substantiate the amounts specified on the
construction waste management final report; or
2.For projects that satisfy the waste stream reduction alternative
specified in Section 4.408.4 or Section 4.408.4.1, documentation of
the quantity by weight of each material type disposed and the total
combined weight of construction and demolition waste disposed in
landfills as a result of the project, the corresponding pounds
disposed per square foot of the building area, and receipts or
written certification from all receiving facilities utilized to dispose
waste generated by the project that substantiate the amounts
specified on the construction waste management final report.
(i)Section 5.106.5.3 (Electric vehicle (EV) charging) of CGBSC Chapter 5 (Nonresidential
Mandatory Measures) is amended to read:
Section 5.106.5.3 Electric vehicle (EV) charging. [N] New nonresidential
construction shall provide the required number of electric vehicle charging spaces
(EV spaces) per Table 5.106.5.3.3. Each EV space shall be equipped with fully-
operational electric vehicle supply equipment (EVSE). Each EV space shall be
constructed in accordance with the California Building Code and California
Electrical Code.
(j)Section 5.106.5.3.1 (Single charging space requirements) of CGBSC Chapter 5
(Nonresidential Mandatory Measures) is deleted.
(k)Section 5.106.5.3.2 (Multiple charging space requirements) of CGBSC Chapter 5
(Nonresidential Mandatory Measures) is deleted.
(l)Section 5.106.5.3.3 (EV charging space calculations) of CGBSC Chapter 5
(Nonresidential Mandatory Measures) is amended to read:
Section 5.106.5.3.3 EV charging space calculations. [N] For new nonresidential
construction, the required number of EV charging spaces equipped with fully-
operational EVSE is calculated in accordance with Table 5.106.5.3.3.
Exception: On a case-by-case basis, the building official may authorize
new construction to include fewer EV charging spaces than would
otherwise be required by Table 5.106.5.3.3, or require no spaces, if the
ORDINANCE NO. 2019-31
10
building official determines either of the following:
1.There is insufficient electrical supply to the new construction to
adequately serve the required number of EV charging spaces.
2.The cost of the new construction will be substantially adversely
impacted by any local utility infrastructure design requirements
that are directly related to the installation of the required number of
EV charging spaces.
TABLE 5.106.5.3.3
NONRESIDENTIAL CHARGING SPACE CALCULATION
TOTAL NUMBER OF PARKING SPACES NUMBER OF REQUIRED EV CHARGING
SPACES
1—9 0
10 1
11—25 2
26—50 3
51—75 5
76—100 6
101—200 12
201 and over 6%*
*Calculation for spaces shall be rounded up to the nearest whole number
(m)Section 5.106.5.3.4 (Identification) of CGBSC Chapter 5 (Nonresidential Mandatory
Measures) is deleted.
(n)Section 5.106.5.3.5 (Future charging spaces) of CGBSC Chapter 5 (Nonresidential
Mandatory Measures) is amended to read:
Section 5.106.5.3.5 Designated parking credit. [N] Each EV charging space
required by Section 5.106.5.3.3 shall be counted as one designated parking space
required by Section 5.106.5.2.
(o)Section 5.408.1 (Construction waste management) of CGBSC Chapter 5 Nonresidential
Mandatory Measures) is amended to read:
Section 5.408.1 Construction waste management. Recycle and/or salvage for
reuse a minimum of 65 percent of the nonhazardous construction and demolition
waste in accordance with Section 5.408.1.1.
ORDINANCE NO. 2019-31
11
Exceptions:
1.Excavated soil and land-clearing debris.
2.The enforcing agency may identify alternate waste reduction
requirements if the agency determines that an owner or contractor
has adequately demonstrated that diversion facilities necessary for
the owner to comply with this section do not exist or are not
located within a reasonable distance from the jobsite.
(p)Section 5.408.1.1 (Construction waste management plan) of CGBSC Chapter 5
Nonresidential Mandatory Measures) is amended to read:
Section 5.408.1.1 Construction waste management plan. Submit a
construction waste management plan for the project, signed by the owner, in
conformance with Items 1 through 5 prior to issuance of building permit. The
construction waste management plan shall be updated as necessary upon approval
by the enforcing agency and shall be available during construction for
examination by the enforcing agency. The plan must do all of the following:
1.Identify the construction and demolition waste materials to be
diverted from disposal by recycling, reuse on the project, or
salvage for future use or sale.
2.Specify if construction and demolition waste materials will be
sorted on-site (source-separated) or bulk mixed (single stream).
3.Identify diversion and disposal facilities where the construction
and demolition waste material will be taken and identify the waste
management companies, if any, that will be utilized to haul the
construction and demolition waste material. A waste management
company utilized to haul construction and demolition waste
material must have all applicable County approvals.
4.Identify construction methods employed to reduce the amount of
construction and demolition waste generated.
5.Specify that the amount of construction and demolition debris shall
be calculated consistent with the enforcing agency’s requirements
for the weighing of debris. The owner shall ensure that all
construction and demolition debris diverted or disposed are
measured and recorded by weight or volume using the most
accurate method of measurement available. To the extent
ORDINANCE NO. 2019-31
12
practicable, all construction and demolition debris shall be weighed
using scales. Scales shall be in compliance with all regulatory
requirements for accuracy and maintenance. For construction and
demolition debris for which weighing is not possible due to lack of
scales or not practical due to material being reused on-site or
elsewhere or other considerations, a volumetric measurement shall
be used. The owner shall convert volumetric measurements to
weight using the standardized conversion factors approved by the
enforcing agency for this purpose.
(q)Section 5.408.1.2 (Waste management company) of CGBSC Chapter 5 (Nonresidential
Mandatory Measures) is deleted.
(r)Section 5.408.1.4 (Documentation) of CGBSC Chapter 5 (Nonresidential Mandatory
Measures) is amended to read:
Section 5.408.1.4 Documentation. A construction waste management final
report containing information and supporting documentation that demonstrates
compliance with Section 5.408.1, Section 5.408.1.1, Items 1 through 5, and, when
applicable, Section 5.408.1.3, shall be provided to the enforcing agency before the
final inspection. The required documentation shall include, but is not necessarily
limited to, the following:
1.Documentation of the quantity by weight of each material type
diverted or disposed, consistent with the requirements of Section
5.408.1.1, Item 5, and receipts or written certification from all
receiving facilities utilized to divert or dispose waste generated by
the project that substantiate the amounts specified on the
construction waste management final report; or
2.For projects that satisfy the waste stream reduction alternative
specified in Section 5.408.1.3, documentation of the quantity by
weight of each new construction material type disposed and the
total combined weight of new construction waste disposed as a
result of the project, the corresponding pounds of new construction
disposal per square foot of the building area, and receipts or
written certification from all receiving facilities utilized to dispose
waste generated by the project that substantiate the amounts
specified on the construction waste management final report.
(Ords. 2019-31 § 3, 2016-22 § 3, 2015-22 § 2.)
ORDINANCE NO. 2019-31
13
74-4.008 Amendments to CEBC. The 2019 California Existing Building Code ("CEBC") is
amended by the changes, additions, and deletions set forth in this chapter and Division 72.
Section numbers used below are those of the 2019 California Existing Building Code
(a)CEBC Chapter 1 (Scope and Administration) is amended by the provisions of Division
72 of this code and as follows:
(1)Sections 103, 112, 113, and 115 of CEBC Chapter 1 are deleted.
(2)Section 106.1 (Construction Documents - General) of CEBC Chapter 1 is
amended by deleting the exception.
(3)Section 106.2.1 (Construction documents) of CEBC Chapter 1 is amended to
read:
106.2.1 Construction documents. Construction documents shall include
dimensions and shall be drawn to scale on suitable material. Electronic
media documents may be submitted when approved in advance by the
building official. Construction documents shall be of sufficient clarity to
indicate the location, nature, and extent of the work proposed and to show
in detail that it will conform to this code and all relevant laws, ordinances,
rules, and regulations. The first sheet of each set of plans shall include
contact information for the owner and the person or persons who prepared
the plans. Plans shall include a plot plan showing all existing property
lines labeled and fully dimensioned, the elevations of the top and toe of
cuts and fills, and the location of the proposed building with distances to
all property lines and to every existing building on the property. Instead of
detailed specifications, the county building official may approve
references on the plans to a specific section or part of this code or other
ordinances or laws.
(Ords. 2019-31 § 3, 2016-22 § 3.)
SECTION IV. Section 76-2.002 (Adoption) of Division 76 (Electrical Code) of the County
Ordinance Code is amended to read:
76-2.002 Adoption.
(a)The electrical code of this county is the 2019 California Electrical Code (California Code
of Regulations, Title 24, Part 3) (“CEC”), as amended by the changes, additions, and
deletions set forth in this division and Division 72.
(b)The 2019 California Electrical Code, with the changes, additions, and deletions set forth
ORDINANCE NO. 2019-31
14
in Chapter 76-4 and Division 72, is adopted by this reference as though fully set forth in
this division.
(c)At least one copy of this electrical code is now on file with the building inspection
division, and the other requirements of Government Code section 50022.6 have been and
shall be complied with.
(d)As of the effective date of the ordinance from which this division is derived, the
provisions of the electrical code are controlling and enforceable within the county. (Ords.
2019-31 § 4, 2016-22 § 4, 2013-24 § 4, 2011-03 § 4, 2007-54 § 5, 2002-31 § 4, 99-17 §
11, 89-60 § 2, 82-23 § 2, 79-67, 76-24.)
SECTION V. Section 78-2.002 (Adoption) of Division 78 (Plumbing Code) of the County
Ordinance Code is amended to read:
78-2.002 Adoption.
(a)The plumbing code of this county is the 2019 California Plumbing Code (California Code
of Regulations, Title 24, Part 5), as amended by the changes, additions, and deletions set
forth in Division 72.
(b)The 2019 California Plumbing Code, with the changes, additions, and deletions set forth
in Division 72, is adopted by this reference as though fully set forth in this division.
(c)At least one copy of this plumbing code is now on file with the building inspection
division, and the other requirements of Government Code section 50022.6 have been and
shall be complied with.
(d)As of the effective date of the ordinance from which this division is derived, the
provisions of the plumbing code are controlling and enforceable within the county.
(Ords. 2019-31 § 5, 2016-22 § 6, 2013-24 § 5, 2011-03 § 5, 2007-54 § 6, 2002-31 § 5,
99-17 § 12, 74-29.)
SECTION VI. Section 710-2.002 (Adoption) of Division 710 (Mechanical Code) of the County
Ordinance Code is amended to read:
710-2.002 Adoption.
(a)The mechanical code of this county is the 2019 California Mechanical Code (California
Code of Regulations, Title 24, Part 4), as amended by the changes, additions, and
deletions set forth in Division 72.
(b)The 2019 California Mechanical Code, with the changes, additions, and deletions set
ORDINANCE NO. 2019-31
15
forth in Division 72, is adopted by this reference as though fully set forth in this division.
(c)At least one copy of this mechanical code is now on file with the building inspection
division, and the other requirements of Government Code section 50022.6 have been and
shall be complied with.
(d)As of the effective date of the ordinance from which this division is derived, the
provisions of the mechanical code are controlling and enforceable within the county.
(Ords. 2019-31 § 6, 2016-22 § 7, 2013-24 § 6, 2011-03 § 6, 2007-54 § 7, 2002-31 § 6,
99-17 § 13, 88-91 § 5, 74-31.)
SECTION VII. Section 72-6.212 of the County Ordinance Code is amended to read:
72-6.212 Expiration of permit. Every permit issued by the county building official becomes
void if the building or work authorized is not begun within 12 months from the permit's date, or
if it is suspended or abandoned for one hundred eighty continuous calendar days without excuse
satisfying the county building official as being beyond control and remedy by the permittee.
Evidence of starting work shall consist of at least one required inspection within 12 months of
the permit issuance date or the date the permit was suspended or the work was abandoned. Once
a permit becomes void, a new permit shall be obtained before any work is commenced or
recommenced, and a new permit fee shall be paid. Any permittee holding an unexpired permit
may apply for a permit extension upon a showing of good and satisfactory reason acceptable to
the county building official. If the permittee is unable to commence work within the time
required by this section, the county building official may extend the time of the permit for a
period not exceeding one hundred eighty days upon written request by the permittee. No permit
shall be extended more than once. (Ords. 2019-31 § 7, 2007-54 § 2, 2002-31 § 2, 99-1 § 5, 87-55
§ 3, 80-14 § 3, 74-32 § 2, 71-32 § 1, 67-70 § 3: prior code § 7106: Ord. 1372 § 5H).
SECTION VIII. Section 72-6.416 of the County Ordinance Code is deleted.
SECTION IX. Section 76-4.404 of the County Ordinance Code is amended to read:
76-4.404 Approved equipment. When obtainable, electrical equipment that an approved testing
laboratory has examined, listed or labeled as conforming to applicable standards shall be used in
preference to others. (Ords. 2019-31 § 9, 2007-54 2007-54 § 5, 2002-31 § 4, 99-17 § 11, 89-60 §
2, 82-23 § 2, 82-23 § 2, 79-67, 76-24).
SECTION X. Section 76-4.614 of the County Ordinance Code is deleted.
SECTION XI. Chapter 718-16 (Residential Sprinkler System Option) of the County Ordinance
Code is deleted in its entirety.
SECTION XII VALIDITY. The Contra Costa County Board of Supervisors declares that if any
ORDINANCE NO. 2019-31
16
section, paragraph, sentence, or word of this ordinance or of the 2019 California Building Code,
Residential Code, Green Building Code, Plumbing Code, Electrical Code, Mechanical code, or
Existing Building Code as adopted and amended herein is declared for any reason to be invalid, it
is the intent of the Contra Costa County Board of Supervisors that it would have passed all other
portions or provisions of this ordinance independent of the elimination herefrom any portion or
provision as may be declared invalid.
SECTION XIII. EFFECTIVE DATE. This ordinance becomes effective on January 1, 2020
or 30 days after passage, whichever is later. Within 15 days of passage, this ordinance shall be
published once in the East Bay Times, a newspaper published in this County. This ordinance
shall be published in a manner satisfying the requirements of Government Code section 25124,
with the names of supervisors voting for and against it.
PASSED on ___________________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: DAVID J. TWA, _____________________________
Clerk of the Board of Supervisors Board Chair
and County Administrator
By: ______________________[SEAL]
Deputy
KCK:
H:\Client Matters\2019\DCD\Ordinance No. 2019-31 Building Code Adoption.wpd
ORDINANCE NO. 2019-31
17
RECOMMENDATION(S):
1. ADOPT Resolution No. 2019/593 to reappoint Supervisor John Gioia as the Board of Supervisors
representative and Supervisor Karen Mitchoff as the Board's alternate representative on the California State
Association of Counties (CSAC) Board of Directors to new terms beginning on December 1, 2019 and
ending on November 30, 2020; and to reappoint Supervisor Candace Andersen at the Board of Supervisors
representative and Supervisor Karen Mitchoff as the Board’s alternate representative on the Central Contra
Costa Transit Authority (CCCTA); Board of Directors to new terms beginning on May 2, 2019 and ending
on May 1, 2021; and to restate the appointment of Board members and other individuals to serve on Board
committees, special county committees, and regional boards/ committees/ commissions for 2019, some of
which include additional compensation in the form of stipend.
2. INDICATE that the attached Resolution No. 2019/593 supersedes in its entirety Resolution No.
2019/180, which was adopted by the Board of Supervisors on June 11, 2019.
3. DIRECT staff to update, if necessary, the County website and the single Fair Political Practices
Commission Form 806, which lists all the paid appointed positions on committees, boards, or commissions
for members of the Board of Supervisors.
FISCAL IMPACT:
The recommendation results in no fiscal impact to the County.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Jami Napier,
925-335-1908
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 22
To:Board of Supervisors
From:David Twa, County Administrator
Date:October 22, 2019
Contra
Costa
County
Subject:APPOINTMENTS TO THE CALIFORNIA STATE ASSOCIATION OF COUNTIES BOARD OF DIRECTORS
BACKGROUND:
The terms of office of the CSAC Board of Directors seat and its Alternate will expire on November 30,
2019. The primary purpose of CSAC is to represent county government before the California
Legislature, administrative agencies and the federal government. CSAC places a strong emphasis on
educating the public about the value and need for county programs and services. CSAC’s long-term
objective is to significantly improve the fiscal health of all California counties so they can adequately
meet the demand for vital public programs and services. All 58 California counties are dues-paying
members of the association. Under provisions of the CSAC Constitution, members of the Board of
Directors and alternates are nominated by their respective boards of supervisors and appointed by the
CSAC Executive Committee to a one-year terms of office commencing with the first day of the CSAC
annual conference. This year, that will be on Tuesday, December 3, 2019. Any member of your Board of
Supervisors is eligible for the directorship.
CSAC holds two annual meetings for its membership: the Spring Legislative Conference in Sacramento
and the Annual Meeting in November. CSAC’s Board of Directors holds its first meeting of each year at
the association’s annual conference. Thus, it is important that the Board of Supervisors send its newly
appointed board representative to this first meeting. The new Board of Directors will meet at the annual
conference, first by caucus (urban, suburban, and rural) to nominate CSAC officers and Executive
Committee members, and again as a full Board to elect the 2020 Executive Committee and to conduct
other business. Under the CSAC Constitution, Executive Committee members are elected from the
membership of the Board of Directors.
Also included in the resolution are the appointments to the Central Contra Costa Transit Authority
Board of Directors (CCCTA). The terms of office of the Central Contra Costa Transit Authority Board,
also known as County Connection Board of Directors expired on May 1, 2019. Supervisor Candace
Andersen is current Board of Supervisors representative and Supervisor Karen Mitchoff is the alternate
on the Central Contra Costa Transit Authority Board of Directors. Reappointment of the Supervisors
will ensure continued stability on the CCCTA bard.
In April 2012, the Fair Political Practices Commission (FPPC) adopted Regulation § 18705.5, which
permits a Supervisor to vote on his/her own appointment to a body or board paying a salary or stipend
for service if all of the following conditions are met:
1. The appointment is to a committee, board, or commission of a public agency, a special district, a joint
powers agency or authority, or a metropolitan planning organization; and
2. State law, a local ordinance, or a joint powers agreement requires the Board to appoint; and
3. The Board adopts and posts on its website, a list of each appointed position for which compensation is
paid, the salary or stipend for the position, the name of the appointee, the name of the alternate, if any,
and the term of the appointment.
Form 806 is used to report additional compensation that officials receive when appointing themselves to
positions on committees, boards, or commissions of a public agency, special district, and joint powers
agency or authority. Each agency must post on its website a single Form 806, listing all of the paid
appointed positions. When there is a change in compensation or a new appointment, the Form 806 is
updated to reflect the change. The form must be updated promptly as changes occur. As the CSAC
appointments do not receive any compensation, no changes are required to the Form 806.
AGENDA ATTACHMENTS
Resolution 2019/593
Attachment I to Resolution 2019/593
MINUTES ATTACHMENTS
Signed Resolution No. 2019/593
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 10/22/2019 by the following vote:
AYE:4
John Gioia
Candace Andersen
Diane Burgis
Karen Mitchoff
NO:
ABSENT:1 Federal D. Glover
ABSTAIN:
RECUSE:
Resolution No. 2019/593
IN THE MATTER OF ENSURING CONTINUED REPRESENTATION ON THE CALIFORNIA STATE ASSOCIATION OF
COUNTIES BOARD OF DIRECTORS, THE CENTRAL CONTRA COSTA TRANSIT AUTHORTY BOARD OF
DIRECTORS, AND UPDATING BOARD MEMBER ASSIGNMENTS TO 2019 BOARD COMMITTEES, SPECIAL
COUNTY COMMITTEES, AND REGIONAL ORGANIZATIONS
WHEREAS the primary purpose of the California State Association of Counties (CSAC) is to represent county government
before the California Legislature, administrative agencies and the federal government; and
WHEREAS, CSAC places a strong emphasis on educating the public about the value and need for county programs and services;
and
WHEREAS CSAC’s long-term objective is to significantly improve the fiscal health of all California counties so they can
adequately meet the demand for vital public programs and services; and.
WHEREAS CSAC is governed by a 58-member Board of Directors, with one representative from each member county,
designated as either urban, suburban or rural; and
WHEREAS, the terms of office of the Board of Supervisors' appointees to the CSAC Board of Directors will expire on
November 30, 2019; and
WHEREAS, the recommended appointments will ensure continued representation of the Board of Supervisors on the myriad
issues of significance to Contra Costa County; and
WHEREAS the Central Contra Costa Transit Authority (CCCTA), also known as County Connection provides fixed-route and
paratransit bus service throughout communities in Contra Costa County; and
WHEREAS, the terms of office for the CCCTA are two-year terms; and
WHEREAS adoption of a new Master Resolution with a complete roster of all appointments is required by Board policy
whenever terms expire or new appointments are made; and
WHEREAS, after any new appointments or reappointments are made, when there is a change in compensation for any
appointment, or where there is a change in the number of meetings of the board or committee to which an appointment is made,
the Fair Political Practices Commission requires the County to update and post on the County’s website the County’s Report of
Public Official Appointments, Form 806;
NOW, THEREFORE, THE BOARD OF SUPERVISORS RESOLVES TO:
1. REAPPOINT Supervisor John Gioia as the Board of Supervisors representative and Supervisor Karen Mitchoff as the Board's
alternate representative on the California State Association of Counties Board of Directors to new terms beginning on December
1, 2019 and ending on November 30, 2020.
2. REAPPOINT Supervisor Candace Andersen as the Board of Supervisors representative and Supervisor Karen Mitchoff as the
Board’s alternate representative on the Central Contra Costa Transit Authority to new terms beginning May 2, 2019 and ending
on May 1, 2021.
on May 1, 2021.
3. AFFIRM the appointment of the Board members and other individuals to serve on Board committees, special county
committees and regional boards / committees / commissions as specified in the Master as Type I for Board Standing Committees,
Type II for Other Internal Committees, Type III for Regional Bodies, Type IV for Special/Restricted seats, and Type V for Board
Ad Hoc Committees.
4. INDICATE that this Resolution No. 2019/593 supersedes in its entirety Resolution No. 2019/180, which was adopted by the
Board of Supervisors on June 11, 2019.
Contact: Jami Napier, 925-335-1908
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
ATTACHMENT I TO RESOLUTION NO. 2019/593
CONTRA COSTA COUNTY BOARD OF SUPERVISORS COMMITTEE ASSIGNMENTS
(Sorted by Committee Type)
Note: Type I: Internal Standing Committees; Type II: Internal Appointments; Type III: Regional Appointments; Type IV: Special/Restricted Appointments; Type V: Ad Hoc Committees
Page 1
October 22, 2019
Type*Committee Name
Term
Expiration Appointee Stipend Information
I Airport Committee, Chair 12/31/2019 Diane Burgis NO STIPEND
I Airport Committee, Vice Chair 12/31/2019 Karen Mitchoff NO STIPEND
I Family & Human Services Committee, Chair 12/31/2019 Candace Andersen NO STIPEND
I Family & Human Services Committee, Vice Chair 12/31/2019 John Gioia NO STIPEND
I Finance Committee, Chair 12/31/2019 Karen Mitchoff NO STIPEND
I Finance Committee, Vice Chair 12/31/2019 John Gioia NO STIPEND
I Hiring Outreach & Oversight Committee, Chair 12/31/2019 Federal Glover NO STIPEND
I Hiring Outreach & Oversight Committee, Vice-Chair 12/31/2019 Candace Andersen NO STIPEND
I Internal Operations Committee, Chair 12/31/2019 Diane Burgis NO STIPEND
I Internal Operations Committee, Vice Chair 12/31/2019 Candace Andersen NO STIPEND
I Legislation Committee, Chair 12/31/2019 Diane Burgis NO STIPEND
I Legislation Committee, Vice Chair 12/31/2019 Karen Mitchoff NO STIPEND
I Public Protection, Chair 12/31/2019 John Gioia NO STIPEND
I Public Protection, Vice Chair 12/31/2019 Federal Glover NO STIPEND
I Sustainability Committee, Chair 12/31/2019 John Gioia NO STIPEND
ATTACHMENT I TO RESOLUTION NO. 2019/593
CONTRA COSTA COUNTY BOARD OF SUPERVISORS COMMITTEE ASSIGNMENTS
(Sorted by Committee Type)
Note: Type I: Internal Standing Committees; Type II: Internal Appointments; Type III: Regional Appointments; Type IV: Special/Restricted Appointments; Type V: Ad Hoc Committees
Page 2
October 22, 2019
Type*Committee Name
Term
Expiration Appointee Stipend Information
I Sustainability Committee, Vice Chair 12/31/2019 Federal Glover NO STIPEND
I Transportation, Water & Infrastructure Committee, Chair 12/31/2019 Karen Mitchoff NO STIPEND
I Transportation, Water & Infrastructure Committee, Vice Chair 12/31/2019 Candace Andersen NO STIPEND
II Bay Area Counties Caucus 12/31/2019 Karen Mitchoff NO STIPEND
II Bay Area Counties Caucus, Alternate 12/31/2019 Candace Andersen NO STIPEND
II Bay Area Regional Interoperable Communications System (BayRICS) Authority 12/31/2019 Mike Casten NO STIPEND
II BayRICS Authority, Alternate 12/31/2019 Elise Warren NO STIPEND
II California Identification System Remote Access Network Board (Cal-ID RAN Board)12/31/2019 Diane Burgis NO STIPEND
II Central Contra Costa Solid Waste Authority Unspecified Candace Andersen STIPEND of $50/meeting; max of 2 paid/month
II Central Contra Costa Solid Waste Authority Unspecified Karen Mitchoff STIPEND of $50/meeting; max of 2 paid/month
II Contra Costa Family Justice Alliance 12/31/2020 Diane Burgis NO STIPEND
II Contra Costa Health Plan Joint Conference Committee 12/31/2019 Diane Burgis NO STIPEND
II Contra Costa Health Plan Joint Conference Committee 12/31/2019 Federal Glover NO STIPEND
II Dougherty Valley Oversight Committee 12/31/2019 Diane Burgis NO STIPEND
ATTACHMENT I TO RESOLUTION NO. 2019/593
CONTRA COSTA COUNTY BOARD OF SUPERVISORS COMMITTEE ASSIGNMENTS
(Sorted by Committee Type)
Note: Type I: Internal Standing Committees; Type II: Internal Appointments; Type III: Regional Appointments; Type IV: Special/Restricted Appointments; Type V: Ad Hoc Committees
Page 3
October 22, 2019
Type*Committee Name
Term
Expiration Appointee Stipend Information
II Dougherty Valley Oversight Committee 12/31/2019 Candace Andersen NO STIPEND
II East Bay Regional Communication System (EBRCS) Authority Governing Board 12/31/2019 Candace Andersen NO STIPEND
II East Bay Regional Communication System (EBRCS) Authority Governing Board, Alternate 12/31/2019 Karen Mitchoff NO STIPEND
II East Contra Costa County Habitat Conservancy, Governing Board 12/31/2019 Diane Burgis NO STIPEND
II East Contra Costa County Habitat Conservancy, Governing Board, Alternate 12/31/2019 Federal Glover NO STIPEND
II East Contra Costa Regional Fee & Finance Authority 12/31/2019 Diane Burgis NO STIPEND
II East Contra Costa Regional Fee & Finance Authority, Alternate 12/31/2019 Federal Glover NO STIPEND
II East County Water Management Association 12/31/2020 Diane Burgis STIPEND of $170/meeting; max 6 per month
II East County Water Management Association, Alternate 12/31/2020 Federal Glover STIPEND of $170/meeting; max 6 per month
II eBART (Bay Area Rapid Transit) Partnership Policy Advisory Committee 12/31/2019 Federal Glover NO STIPEND
II eBART (Bay Area Rapid Transit) Partnership Policy Advisory Committee 12/31/2019 Diane Burgis NO STIPEND
II First 5 Children and Families Commission Alternate Member 12/31/2019 Candace Andersen NO STIPEND
II First 5 Children and Families Commission Member 12/31/2019 Diane Burgis NO STIPEND
II Hazardous Waste Management Facility Allocation Committee Unspecified Candace Andersen STIPEND of $150 per meeting.
II Hazardous Waste Management Facility Allocation Committee, Alternate Unspecified Karen Mitchoff STIPEND of $150 per meeting.
ATTACHMENT I TO RESOLUTION NO. 2019/593
CONTRA COSTA COUNTY BOARD OF SUPERVISORS COMMITTEE ASSIGNMENTS
(Sorted by Committee Type)
Note: Type I: Internal Standing Committees; Type II: Internal Appointments; Type III: Regional Appointments; Type IV: Special/Restricted Appointments; Type V: Ad Hoc Committees
Page 4
October 22, 2019
Type*Committee Name
Term
Expiration Appointee Stipend Information
II Kensington Solid Waste Committee Alternate 12/31/2019 Kate Rauch NO STIPEND
II Kensington Solid Waste Committee Member 12/31/2019 John Gioia NO STIPEND
II Medical Services Joint Conference Committee, Chair 12/31/2019 Federal Glover NO STIPEND
II Medical Services Joint Conference Committee, Vice Chair 12/31/2019 John Gioia NO STIPEND
II North Richmond Waste and Recovery Mitigation Fee Committee 12/31/2019 John Gioia NO STIPEND
II North Richmond Waste and Recovery Mitigation Fee Committee, Alternate 12/31/2019 Robert Rogers NO STIPEND
II Open Space/Parks & East Bay Regional Parks District Liaison Committee, Chair 12/31/2019 Diane Burgis NO STIPEND
II Open Space/Parks & East Bay Regional Parks District Liaison Committee, Vice Chair 12/31/2019 Federal Glover NO STIPEND
II Pleasant Hill BART/Contra Costa Centre Joint Powers Authority Board of Trustees Unspecified Karen Mitchoff NO STIPEND
II Pleasant Hill BART/Contra Costa Centre Joint Powers Authority Board of Trustees Unspecified Candace Andersen NO STIPEND
II State Route 4 Bypass Authority 12/31/2019 Diane Burgis NO STIPEND
II State Route 4 Bypass Authority, Alternate 12/31/2019 Federal Glover NO STIPEND
II SWAT (Southwest Area Transportation Committee)12/31/2019 Candace Andersen NO STIPEND
II SWAT, Alternate 12/31/2019 Karen Mitchoff NO STIPEND
II TRAFFIX (Measure J Traffic Congestion Relief Agency)12/31/2019 Candace Andersen NO STIPEND
ATTACHMENT I TO RESOLUTION NO. 2019/593
CONTRA COSTA COUNTY BOARD OF SUPERVISORS COMMITTEE ASSIGNMENTS
(Sorted by Committee Type)
Note: Type I: Internal Standing Committees; Type II: Internal Appointments; Type III: Regional Appointments; Type IV: Special/Restricted Appointments; Type V: Ad Hoc Committees
Page 5
October 22, 2019
Type*Committee Name
Term
Expiration Appointee Stipend Information
II TRAFFIX (Measure J Traffic Congestion Relief Agency), Alternate 12/31/2019 Karen Mitchoff NO STIPEND
II TRANSPAC (Central County Transportation Partnership and Cooperation)12/31/2019 Karen Mitchoff NO STIPEND
II TRANSPAC, Alternate 12/31/2019 Candace Andersen NO STIPEND
II TRANSPLAN (East County Transportation Planning)12/31/2019 Diane Burgis NO STIPEND
II TRANSPLAN, Alternate 12/31/2019 Federal Glover NO STIPEND
II Tri-Valley Transportation Council 12/31/2019 Candace Andersen NO STIPEND
II Urban Counties of California 12/31/2019 Federal D. Glover NO STIPEND
II Urban Counties of California, Alternate 12/31/2019 Karen Mitchoff NO STIPEND
II WCCTAC (West County Transportation Advisory Committee)12/31/2019 John Gioia NO STIPEND
II WCCTAC, Alternate 12/31/2019 Federal Glover NO STIPEND
II West Contra Costa Integrated Waste Management Authority Unspecified John Gioia STIPEND of $50 per meeting.
II West Contra Costa Integrated Waste Management Authority, Alternate Unspecified Federal Glover STIPEND of $50 per meeting.
III Bay Area Air Quality Management District Board of Directors 1/20/2020 Karen Mitchoff Per diem of $100/meeting + travel exp; max $6,000
III Bay Area Air Quality Management District Board of Directors 6/17/2021 John Gioia Per diem of $100/meeting + travel exp; max $6,000
III Central Contra Costa Transit Authority (CCCTA) Board of Directors 5/1/2021 Candace Andersen STIPEND of $100 per meeting; up to $200 month
ATTACHMENT I TO RESOLUTION NO. 2019/593
CONTRA COSTA COUNTY BOARD OF SUPERVISORS COMMITTEE ASSIGNMENTS
(Sorted by Committee Type)
Note: Type I: Internal Standing Committees; Type II: Internal Appointments; Type III: Regional Appointments; Type IV: Special/Restricted Appointments; Type V: Ad Hoc Committees
Page 6
October 22, 2019
Type*Committee Name
Term
Expiration Appointee Stipend Information
III Central Contra Costa Transit Authority (CCCTA) Board of Directors, Alternate 5/1/2021 Karen Mitchoff STIPEND of $100 per meeting; up to $200 month
III Contra Costa Transportation Authority Board of Commissioners (Seat 1)1/31/2021 Federal D. Glover STIPEND of $100 per meeting; up to $400 month
III Contra Costa Transportation Authority Board of Commissioners (Seat 2)1/31/2020 Karen Mitchoff STIPEND of $100 per meeting; up to $400 month
III Contra Costa Transportation Authority Board of Commissioners, Alternate (Seat 1)1/31/2021 Candace Andersen STIPEND of $100 per meeting; up to $400 month
III Contra Costa Transportation Authority Board of Commissioners, Alternate (Seat 2)1/31/2020 John Gioia STIPEND of $100 per meeting; up to $400 month
III Contra Costa Transportation Authority Board of Commissioners, Second Alternate (Seat 1)1/31/2021 John Gioia STIPEND of $100 per meeting; up to $400 month
III Contra Costa Transportation Authority Board of Commissioners, Third Alternate (Seat 1)1/31/2021 Diane Burgis STIPEND of $100 per meeting; up to $400 month
III Local Agency Formation Commission 5/2/2022 Candace Andersen STIPEND of $150 per meeting.
III Local Agency Formation Commission 5/2/2022 Federal D. Glover STIPEND of $150 per meeting.
III Local Agency Formation Commission, Alternate 5/4/2020 Diane Burgis STIPEND of $150 per meeting.
III Marin Energy Authority (MCE) Board of Directors 12/31/2019 John Gioia NO STIPEND
III Marin Energy Authority (MCE) Board of Directors, Alternate 12/31/2019 Federal Glover NO STIPEND
III Metropolitan Transportation Commission 2/1/2023 Federal Glover STIPEND of $100/meeting; up to $500/month per agency.
III Tri Delta Transit Authority, Board of Directors (Seat 1)12/31/2020 Federal Glover STIPEND of $100/month
III Tri Delta Transit Authority, Board of Directors (Seat 2)12/31/2019 Diane Burgis STIPEND of $100/month
ATTACHMENT I TO RESOLUTION NO. 2019/593
CONTRA COSTA COUNTY BOARD OF SUPERVISORS COMMITTEE ASSIGNMENTS
(Sorted by Committee Type)
Note: Type I: Internal Standing Committees; Type II: Internal Appointments; Type III: Regional Appointments; Type IV: Special/Restricted Appointments; Type V: Ad Hoc Committees
Page 7
October 22, 2019
Type*Committee Name
Term
Expiration Appointee Stipend Information
III WCC Healtcare District Finance Committee 12/31/2019 Federal Glover NO STIPEND
III WCC Healtcare District Finance Committee 12/31/2019 John Gioia NO STIPEND
III CCTA, Community Based Transportation Steering Committee Unspecified Federal Glover NO STIPEND
IV ABAG Executive Board (Seat 1)6/30/2020 Karen Mitchoff STIPEND of $150 per meeting.
IV ABAG Executive Board (Seat 2)6/30/2020 Candace Andersen STIPEND of $150 per meeting.
IV ABAG Executive Board, Alternate 1 6/30/2020 John Gioia STIPEND of $150 per meeting.
IV ABAG Executive Board, Alternate 2 6/30/2020 Diane Burgis STIPEND of $150 per meeting.
IV ABAG Finance Authority for Nonprofit Corporations Board of Directors and its Executive Committee 12/31/2019 Karen Mitchoff NO STIPEND
IV
ABAG Finance Authority for Nonprofit Corporations Board of Directors and its Executive Committee,
First Alternate 12/31/2019 Candace Andersen NO STIPEND
IV
ABAG Finance Authority for Nonprofit Corporations Board of Directors and its Executive Committee,
Second Alternate 12/31/2019 Russell Watts NO STIPEND
IV ABAG General Assembly 12/31/2019 Karen Mitchoff NO STIPEND
IV ABAG General Assembly, Alternate 12/31/2019 Diane Burgis NO STIPEND
IV ABAG Regional Planning Committee Unspecified Karen Mitchoff STIPEND of $150 per meeting.
IV Bay Conservation & Development Commission Unspecified John Gioia STIPEND of $100 per meeting; max of 4 meetings.
IV Bay Conservation & Development Commission, Alternate Unspecified Federal Glover STIPEND of $100 per meeting; max of 4 meetings.
ATTACHMENT I TO RESOLUTION NO. 2019/593
CONTRA COSTA COUNTY BOARD OF SUPERVISORS COMMITTEE ASSIGNMENTS
(Sorted by Committee Type)
Note: Type I: Internal Standing Committees; Type II: Internal Appointments; Type III: Regional Appointments; Type IV: Special/Restricted Appointments; Type V: Ad Hoc Committees
Page 8
October 22, 2019
Type*Committee Name
Term
Expiration Appointee Stipend Information
IV CCCERA (Contra Costa County Employees Retirement Association) Board of Trustees 6/30/2020 Candace Andersen STIPEND of $100 per meeting.
IV Contra Costa Countywide Redevelopment Successor Agency Oversight Board Unspecified Federal Glover NO STIPEND
IV Contra Costa Countywide Redevelopment Successor Agency Oversight Board Unspecified Karen Mitchoff NO STIPEND
IV CSAC (California State Association of Counties) Board of Directors 11/30/2020 John Gioia NO STIPEND
IV CSAC Board of Directors, Alternate 11/30/2020 Karen Mitchoff NO STIPEND
IV Delta Diablo Sanitation District Governing Board 12/31/2019 Federal Glover STIPEND of $170 per meeting; max of 6 meetings.
IV Delta Diablo Sanitation District Governing Board, Alternate 12/31/2019 Karen Mitchoff STIPEND of $170 per meeting; max of 6 meetings.
IV Delta Protection Commission 12/31/2019 Diane Burgis NO STIPEND
IV Delta Protection Commission, Alternate 12/31/2019 Karen Mitchoff NO STIPEND
IV Law Library Board of Trustees 12/31/2019 Nolan Armstrong NO STIPEND
IV Mental Health Commission 12/31/2019 Diane Burgis NO STIPEND
IV Mental Health Commission, Alternate 12/31/2019 Candace Andersen NO STIPEND
IV Sacramento-San Joaquin Delta Conservancy Board Unspecified Karen Mitchoff NO STIPEND
IV Sacramento-San Joaquin Delta Conservancy Board, Alternate Unspecified Diane Burgis NO STIPEND
V Census 2020 , Vice Chair 12/31/2020 Candace Andersen NO STIPEND
ATTACHMENT I TO RESOLUTION NO. 2019/593
CONTRA COSTA COUNTY BOARD OF SUPERVISORS COMMITTEE ASSIGNMENTS
(Sorted by Committee Type)
Note: Type I: Internal Standing Committees; Type II: Internal Appointments; Type III: Regional Appointments; Type IV: Special/Restricted Appointments; Type V: Ad Hoc Committees
Page 9
October 22, 2019
Type*Committee Name
Term
Expiration Appointee Stipend Information
V Census 2020, Chair 12/31/2020 Diane Burgis NO STIPEND
V Childhood Asthma Ad Hoc Committee, Chair Unspecified John Gioia NO STIPEND
V Childhood Asthma Ad Hoc Committee, Vice Chair Unspecified Federal Glover NO STIPEND
V Industrial Safety Ordinance/Community Warning System Ad Hoc Committee Unspecified John Gioia NO STIPEND
V Industrial Safety Ordinance/Community Warning System Ad Hoc Committee Unspecified Federal Glover NO STIPEND
V Northern Waterfront Economic Development Ad Hoc Committee Unspecified Federal Glover NO STIPEND
V Northern Waterfront Economic Development Ad Hoc Committee Unspecified Diane Burgis NO STIPEND
RECOMMENDATION(S):
APPOINT Deborah Spinola to the Trustee 1 seat on the Byron-Brentwood-Knightsen Union Cemetery
District to a term expiring December 31, 2022, as recommended by Supervisor Diane Burgis.
Trustee 1
Deborah Spinola
Brentwood, CA 94513
FISCAL IMPACT:
None.
BACKGROUND:
The Trustee 1 seat was declared vacant by the Board of Supervisors on June 11, 2019. Applications were
accepted and the recommendation to appoint the above individual was then determined.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Lea Castleberry
925-252-4500
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 23
To:Board of Supervisors
From:Diane Burgis, District III Supervisor
Date:October 22, 2019
Contra
Costa
County
Subject:APPOINTMENT TO THE BYRON-BRENTWOOD-KNIGHTSEN UNION CEMETERY DISTRICT
RECOMMENDATION(S):
APPOINT Kathie Thompson to the At Large #3 seat, and Gerald Richards to the At Large #9 seat on the
Advisory Council on Aging with terms expiring September 30, 2021.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
On December 6, 2011 the Board of Supervisors adopted Resolution No. 2011/497 adopting policy
governing appointments to boards, committees, and commissions that are advisory to the Board of
Supervisors. Included in this resolution was a requirement that applications for at large/countywide seats be
reviewed by a Board of Supervisors committee.
The Advisory Council on Aging provides a means for county-wide planning, cooperation and coordination
for individuals and groups interested in improving and developing services and opportunities for the older
residents of this County. The Council provides leadership and advocacy on behalf of older persons and
serves as a channel of communication and information on aging.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V Supervisor
Contact: Julie DiMaggio Enea (925)
335-1077
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: ACOA Staff, FHS Staff
C. 24
To:Board of Supervisors
From:FAMILY & HUMAN SERVICES COMMITTEE
Date:October 22, 2019
Contra
Costa
County
Subject:RECOMMENDATION FOR APPOINTMENT TO THE ADVISORY COUNCIL ON AGING
BACKGROUND: (CONT'D)
The Advisory Council on Aging consists of 40 members serving 2 year staggered terms, each ending on
September 30. The Council consists of representatives of the target population and the general public,
including older low-income and military persons; at least one-half of the membership must be made up
of actual consumers of services under the Area Plan. The Council includes: 19 representatives
recommended from each Local Committee on Aging, 1 representative from the Nutrition Project
Council, 1 Retired Senior Volunteer Program, and 19 Members at-Large.
There are currently 29 seats filled on the Advisory Council on Aging and 11 vacancies. These vacant
seats include: Local Committee Oakley, Local Committee San Pablo, Local Committee Lafayette, Local
Committee Moraga, Local Committee San Ramon, Local Committee Martinez, Local Committee Pinole,
Local Committee Pittsburg, and Member-At-Large seats 3, 8, and 9.
The FHS Committee approved the nominations of Ms. Thompson and Mr. Richards at its October 7,
2019 meeting. The recommended appointments will bring the membership to 31, leaving 9 seats vacant.
ATTACHMENTS
K. Thompson Appointment Memo
Candidate Application_Kathie Thompson_ACOA
G. Richards Appointment Memo
Candidate Application_Gerald Richards_ACOA
1 of 1
Kathy Gallagher, Director
40 Douglas Dr., Martinez, CA 94553 Phone: (925) 313-1579 Fax: (925) 313-1575 www.cccounty.us/ehsd .
MEMORANDUM
DATE: 06/27/2019
T O: Family and Human Services Committee
CC: Tracy Murray, Deputy Director, Aging and Adult Services
FROM : Anthony Macias, Staff Representative for the Advisory Council on Aging
SUBJECT: Advisory Council on Aging – Appointment Requested
The Contra Costa Area Agency on Aging (AAA) recommends for immediate appointment to the
Contra Costa Advisory Council on Aging (ACOA) the following applicant: Ms. Kathie Thompson
for Member at Large (MAL) Seat # 3. The MAL #3 seat is undesignated and has remained vacant
since 03/26/2019, with term ending 9/30/2019.
Recruitment has been handled by both the Area Agency on Aging, the ACOA and the Clerk of the
Board using CCTV. AAA staff has encouraged interested individuals including minorities to apply
through announcements provided at the Senior Coalition meetings and at the regular monthly
meetings of the ACOA. The Contra Costa County EHSD website contains dedicated web content
where interested members of the public are encouraged to apply and provided an application with
instructions on whom to contact for ACOA related inquiries, including application procedure.
Ms. Thompson submitted an application for ACOA membership dated 06/13/2018 that is provided as
a separate attachment. An interview with Ms. Thompson and the ACO A Membership Committee
was held on 08/15/2018. Ms. Thompson was then selected to be placed on the wait list for the next
available opening of an MAL seat. When MAL#3 seat was vacated on 04/09/2019, Ms. Thompson
was recommended to the ACOA Executive Committee for approval to fill this seat. At the 06/5/2019
Executive Committee meeting. Ms. Thompson was approved unanimously by this committee to fill
MAL#3 seat. The members of the ACOA voted unanimously to approve Ms. Tobey’s appointment
recommendation at their 06/17/2019 meeting.
Thank You
1 of 1
Kathy Gallagher, Director
40 Douglas Dr., Martinez, CA 94553 Phone: (925) 313-1579 Fax: (925) 313-1575 www.cccounty.us/ehsd .
MEMORANDUM
DATE: 09/05/2019
T O: Family and Human Services Committee
CC: Tracy Murray, Director Aging and Adult Services
FROM : Anthony Macias, Staff Representative for the Advisory Council on Aging
SUBJECT: Advisory Council on Aging – Appointment Requested
The Contra Costa Area Agency on Aging (AAA) recommend s for immediate appointment to the
Contra Costa Advisory Council on Aging (ACOA) the following applicant: Mr. Gerald Richards for
Member at Large Seat # 9. The MAL #9 seat is undesignated and has remained vacant since May 15,
2019.
Recruitment has been handled by both the Area Agency on Aging, the ACOA and the Clerk of the
Board using CCTV. AAA staff has encouraged interested individuals including minorities to apply
through announcements provided at the Senior Coalition meetings and at the regular monthly
meetings of the ACOA. The Contra Costa County EHSD website contains dedicated web content
where interested members of the public are encouraged to apply and are provided an application with
instructions on whom to contact for ACOA related inquiries, including application procedure.
Mr. Richards was a prior member of the ACOA. A re-interview was determined to be unnecessary to
fill MAL #9 on the ACOA with term ending 9/30/2021. Mr. Richards submitted an application for
ACOA membership dated 03/26/2019 that is provided as a separate attachment. At the time of his
ACOA Membership Committee selection to fill one of the At Large vacancies there were no other
applicants; the ACOA voted to approve Mr. Richards’s appointment recommendation at their
08/21/19 meeting.
Thank You
RECOMMENDATION(S):
APPOINT Y'Anad Burrell to the At Large 1 seat on the Arts and Culture Commission of Contra Costa
County (AC5) to a term expiring June 30, 2023.
BACKGROUND:
On December 6, 2011 the Board of Supervisors (BOS) adopted Resolution No. 2011/497 adopting policy
governing appointments to boards, committees, and commissions that are advisory to the BOS. Included in
this resolution was the requirement that applications for at large/countywide seats be reviewed by a Board
of Supervisors committee.
The Arts and Culture Commission advises the Board of Supervisors in matters and issues relevant to arts
and culture, to advance the arts in a way that promotes communication, education, appreciation and
collaboration throughout Contra Costa County; to preserve, celebrate, and share the arts and culture of the
many diverse ethnic groups who live in Contra Costa County; to create partnerships with business and
government; to increase communications and understanding between all citizens through art. Most
importantly, the Commission will promote arts and culture as a vital element in the quality of life for all of
the citizens of Contra Costa County.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V Supervisor
Contact: Julie DiMaggio Enea (925)
335-1077
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: AC5 Liaison, FHS Staff
C. 25
To:Board of Supervisors
From:FAMILY & HUMAN SERVICES COMMITTEE
Date:October 22, 2019
Contra
Costa
County
Subject:RECOMMENDATION FOR APPOINTMENT TO THE ARTS AND CULTURE COMMISSION
BACKGROUND: (CONT'D)
The Arts and Culture Commission (AC5) is composed by one representative from each of the five
supervisorial districts, four at-large representatives and one alternate, for a total of ten seats.
Appointments are for a four-year period with terms expiring on June 30 of alternating odd numbered
years. The current roster is listed in the attached memo. There is currently one vacant seat. At its July
meeting, AC5 voted to nominate Y'Anad Burrell to the At Large 1 seat, for which the term expired on
June 30, 2019.
The FHS Committee approved Ms. Burrell's nomination on October 7, 2019.
ATTACHMENTS
Y. Burrell Appointment Memo
Candidate Application_Y. Burrell_AC5
ARTS AND CULTURE COMMISSION OF CONTRA COSTA COUNTY
651 PINE STREET, 10TH FLOOR, MARTINEZ, CA 94553
STAFF@AC5.CCCOUNTY.US (925) 646-2278 AC5.ORG
July 25, 2019
Family and Human Services Committee
Appointment Recommendation for Arts and Culture Commission of Contra Costa County
Please consider the appointment of:
Ms. Y’Anad Burrell Richmond, District 1 Al-Large #1 Seat
This appointment will fill the Al-Large #1 Seat
Current Commission Seats:
Commissioner Silvia Ledezma Richmond, District I
Commissioner Beverly Kumar Danville, District II
Commissioner Petural Shelton Danville, District III
Commissioner Elizabeth Wood Concord, District IV
Commissioner Teresa Snook O’Riva Rodeo, District V
Commissioner Y”Anad Burrell Richmond, At-Large I
Commissioner LaMar Anderson Concord, At-Large II
Commissioner Joan D'Onofrio Concord, At-Large III
Commissioner Lanita Mims Antioch, At-Large IV
Commissioner Pearl Parmelee Cabrera Alternate
After reviewing five applications and careful consideration of issues relevant to Arts and Culture
in Contra Costa County, including advancing the arts in a way that fosters creatively within the
community and celebrates our diverse cultural expression, the Commission recommends Y’Anad
Burrell to fill the At-Large #1 Seat.
Working with the current AC5 Commissioners, this new Commissioner will promote the Arts and
culture as a vital element in the quality of life for all of the citizens of Contra Costa County.
Recruitment efforts including two months of posting on the CCTV Bulletin board, news releases
sent to many news outlets, posting on Supervisors newsletter, emails sent on Constant Contact
and posting on the AC5 website.
Also considered were applications from Carolyn Considine , Lafayette; Ben Miyaji, Pittsburg;
Martha Newman, Kensington and Charmion Patton, Richmond.
Sincerely,
Roger Renn, AC5 Managing Director
Please return completed applications to:
Clerk of the Board of Supervisors
651 Pine St., Room 106
Martinez, CA 94553
or email to: ClerkofTheBoard@cob.cccounty.us
First Name Last Name
Home Address - Street City Zip Code
Phone (best number to reach you)Email
Resident of Supervisorial District:
EDUCATION Check appropriate box if you possess one of the following:
High School Diploma CA High School Proficiency Certificate G.E.D. Certificate
Course of Study/Major Degree Awarded
Yes No
Yes No
Yes No
Other Training Completed:
Board, Committee or Commission Name Seat Name
Have you ever attended a meeting of the advisory board for which you are applying?
No Yes If yes, how many?
Please explain why you would like to serve on this particular board, committee, or commission.
Describe your qualifications for this appointment. (NOTE: you may also include a copy of
your resume with this application)
I am including my resume with this application:
Please check one: Yes No
I would like to be considered for appointment to other advisory bodies for which I may be qualified.
Please check one: Yes No
Contra
Costa
County
BOARDS, COMMITTEES, AND COMMISSIONS APPLICATION
Colleges or Universities Attended
THIS FORM IS A PUBLIC DOCUMENT
Y'ANAD BURRELL
RICHMOND
1
SAN FRANCISCO STATE UNIVERSITY ACCOUNTING
GOLDEN GATE UNIVERSITY PUBLIC ADMINISTRATION
GOLDEN GATE UNIVERSITY HEALTHCARE MANAGEMENT
PARALEGAL CERTIFICATE, FUNDRAISING CERTIFICATE
ARTS & CULTURE COMMISSION CONTRA COSTA COUNTY AT-LARGE
Served for 7 years as AC5 Commissioner
I have served on this commission for the last 7 years and would like to continue that endeavor. At our June 3rd Commission meeting I was voted in as Chair of the Commission and
very honored for the opportunity.
I joined this commission out of my passion and interest for diversity, inclusion and equity in the arts sector. Here is a partial list of my activities over the years: (1) Introducing the Art of
Living Black to AC5 where the group now participates regularly in Art Passage event; (2) represented AC5 on Create CA Committees; (3) participated as a Judge on several youth art
competitions in the county; (4) Participated as a grant reviewer with the California Arts Council; (5) I Chair the AC5 Communications Committee and co-lead the rebranding of the AC5
logo; and (6) we are currently in the process of developing a plan to develop a new county-wide Cultural Plan, as the last one was done over 15 years ago.
I have more than 15 years in the arts and culture spaces from producing art/fashion events to
being an advocate for diversity in the arts. I served for 7 years on the Leadership Vanguard
Committee for the Museum of the African Diaspora (MoAD) in San Francisco as well.
Print Form
✔
Are you currently or have you ever been appointed to a Contra Costa County advisory board?
Please check one: Yes No
List any volunteer and community experience, including any boards on which you have served.
Do you have a familial relationship with a member of the Board of Supervisors? (Please refer to
the relationships listed below or Resolution no. 2011/55)
Please check one: Yes No
If Yes, please identify the nature of the relationship:
Do you have any financial relationships with the county, such as grants, contracts, or
other economic relationships?
Please check one: Yes No
If Yes, please identify the nature of the relationship:
Signed: Date:
Submit this application to: Clerk of the Board of Supervisors
651 Pine St., Room 106
Martinez, CA 94553
6. Some boards, committees, or commissions may assign members to subcommittees or work groups which may require an additional
commitment of time.
5. Meeting dates and times are subject to change and may occur up to two (2) days per month.
7. As indicated in Board Resolution 2011/55, a person will not be eligible for appointment if he/she is related to a Board of Supervisors member in
any of the following relationships: mother, father, son, daughter, brother, sister, grandmother, grandfather, grandson, granddaughter, great-
grandfather, great-grandmother, aunt, uncle, nephew, niece, great-grandson, great-granddaughter, first-cousin, husband, wife, father-in-law,
mother-in-law, daughter-in-law, stepson, stepdaughter, sister-in-law, brother-in-law, spouse's grandmother, spouse's grandfather, spouse's
granddaughter, and spouses' grandson, registered domestic partner, relatives of a registered domestic partner as listed above.
8. A person will not be eligible to serve if the person shares a financial interest as defined in Government Code §87103 with a Board of Supervisors
Member.
Important Information
1. This application and any attachments you provide to it is a public document and is subject to the California Public Records Act (CA Government
Code §6250-6270).
2. All members of appointed bodies are required to take the advisory body training provided by Contra Costa County.
3. Members of certain boards, commissions, and committees may be required to: 1) file a Statement of Economic Interest Form also known as a
Form 700, and 2) complete the State Ethics Training Course as required by AB 1234.
4. Meetings may be held in various locations and some locations may not be accessible by public transportation.
I CERTIFY that the statements made by me in this application are true, complete, and correct to the best of my
knowledge and belief, and are made in good faith. I acknowledge and understand that all information in this
application is publicly accessible. I understand and agree that misstatements and/or ommissions of material fact may
cause forfeiture of my rights to serve on a board, committee, or commission in Contra Costa County.
Questions about this application? Contact the Clerk of the Board at (925) 335-1900 or by email at
ClerkofTheBoard@cob.cccounty.us
THIS FORM IS A PUBLIC DOCUMENT
Healthy Richmond, Access to Quality Healthcare Committee
Board Member, PEERS (Community Mental Health)
PRSA National, Diversity & Inclusion Committee (Public Relations Society of America)
Past Vice President/SF Bay Area | California Diversity Council
Past President, Public Relations Society of America (PRSA), SF Chapter (2016)
Former Vanguard Advisory Council Member, Museum of the African Diaspora (2010 – 2017)
Y'Anad Burrell 6/10/19
RECOMMENDATION(S):
ACCEPT the resignation of following individual from the District II Seat of the Assessment Appeals Board
effective September 5, 2019, DECLARE a vacancy in the District II Seat, and DIRECT the Clerk of the
Board to post the vacancy, for a term with an expiration date of September 5, 2022, as recommended by
Supervisor Candace Andersen:
Mr. Michele Manzone
Orinda, CA 94563
FISCAL IMPACT:
NONE
BACKGROUND:
Established May 29, 1973 by Ordinance 73-45, the Assessment Appeals Board
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Jill Ray, 925-957-8860
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: District 2 Supervisor, Maddy Book, Assessment Appeals Board, Appointee
C. 26
To:Board of Supervisors
From:Candace Andersen, District II Supervisor
Date:October 22, 2019
Contra
Costa
County
Subject:RESIGNATION FROM THE ASSESSMENT APPEALS BOARD
BACKGROUND: (CONT'D)
is the Board of Equalization for the County, with the power to equalize the valuation of the taxable
property in the County for the purpose of taxation and review, as well as equalize and adjust penal and
escaped assessments on the roll. There are five Appeals Board Members, and five Alternate Members.
To be eligible for these positions, a person must meet the following qualifications: 1. Be knowledgeable
in the area of property appraisal and taxation. 2. Have a minimum of five years professional experience
in California as one of the following: Certified Public Accountant, Public Accountant, Licensed Real
Estate Broker, Attorney, or Property Appraiser accredited by a national professional organization. 3.
Five years experience in California as an appraiser certified by the State Board of Equalization.
Assessment Appeals Board members serve staggered three year terms.
After Mr. Manzone's appointment to the Seat, it was determined that he did not meet the minimum
qualifcations needed to serve on the Assessment Appeals Board.
CONSEQUENCE OF NEGATIVE ACTION:
The seat will remain filled by an unqualified appointee.
CHILDREN'S IMPACT STATEMENT:
NONE
AGENDA ATTACHMENTS
MINUTES ATTACHMENTS
Vacancy Notice
RECOMMENDATION(S):
REAPPOINT the following person to the Trustee 1 Seat of the Alamo-Lafayette Cemetery District Board
of Directors for a four-year term with an expiration date of November 2, 2023, as recommended by
Supervisor Candace Andersen:
Nancy Flood
Lafayette, CA 94549
FISCAL IMPACT:
NONE
BACKGROUND:
Established by the Board of Supervisors on April 5, 1937, the purpose of the Alamo-Lafayette Cemetery
District Board of Directors is to establish rates to be charged for burials within the cemeteries of the district
which will allow the grave to be maintained on a self-supporting basis; to prepare and maintain maps
detailing information about the lots; to keep records of all remains interred in the cemeteries. (Health and
Safety Code, Section 8961.4 and 8963).
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Jill Ray, 925-957-8860
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: District 2 Supervisor, Maddy Book, District Board, Appointee
C. 27
To:Board of Supervisors
From:Candace Andersen, District II Supervisor
Date:October 22, 2019
Contra
Costa
County
Subject:APPOINTMENT TO THE ALAMO-LAFAYETTE CEMETERY DISTRICT BOARD OF DIRECTORS
BACKGROUND: (CONT'D)
Membership is comprised of three trustees who must live in the district. Terms are for four years from the
date of appointment. Due to redistricting, all three Trustee Seats fall within District Two, therefore the
District Two Supervisor is responsible for the recruitment and recommendations for appointment to the
Board of Supervisors for all three seats.
Ms. Flood remains an active member in the community and on the Board. Supervisor Andersen feels her
continued involvement will be of great benefit to the Cemetery Board.
CONSEQUENCE OF NEGATIVE ACTION:
The seat will become vacant.
CHILDREN'S IMPACT STATEMENT:
NONE
RECOMMENDATION(S):
APPOINT in lieu of election David Forkel and Randall Neudeck to the Board of Trustees of Reclamation
District 2025 (Holland Tract) for a term of four years, commencing December 2019 and concluding
December 2023.
FISCAL IMPACT:
None.
BACKGROUND:
The Board of Supervisors received correspondence from Pamela Forbus, District Secretary for Reclamation
District 2025 (Holland Tract), requesting appointment to the Board of Trustees of the District in lieu of
elections. Ms. Forbus reports that subsequent to posting the notice calling for nominations, the District
received only two filing petitions, from David Forkel and Randall Neudeck. Therefore, the District election
scheduled for November 12, 2019 is uncontested and no election will be conducted.
At this time, the District respectfully requests that the Board of Supervisors appoint David Forkel and
Randall Neudeck to four-year terms on the Board of Trustees of Reclamation District 2025. The terms will
commence in December 2019 and conclude in December 2023.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Emlyn Struthers,
925-335-1919
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 28
To:Board of Supervisors
From:David Twa, County Administrator
Date:October 22, 2019
Contra
Costa
County
Subject:Reclamation District 2025 (Holland Tract)
CONSEQUENCE OF NEGATIVE ACTION:
The proposed nominees to the Board of Trustees for Reclamation District 2025 (Holland Tract) would
not be approved, which may hinder the Board of Trustees in achieving a quorum and conducting the
District's business.
ATTACHMENTS
Correspondence from RD 2025 Secretary
RECOMMENDATION(S):
APPOINT in lieu of election Russell E. Ryan and Randall Neudeck to the Board of Trustees of Reclamation
District 2026 (Webb Tract) for a term of four years, commencing December 2019 and concluding
December 2023.
FISCAL IMPACT:
None.
BACKGROUND:
The Board of Supervisors received correspondence from Pamela Forbus, District Secretary for Reclamation
District 2026 (Webb Tract), requesting appointment to the Board of Trustees of the District in lieu of
elections. Ms. Forbus reports that subsequent to posting the notice calling for nominations, the District
received only two filing petitions, from Russell E. Ryan and Randall Neudeck. Therefore, the District
election scheduled for November 12, 2019 is uncontested and no election will be conducted.
At this time, the District respectfully requests that the Board of Supervisors appoint Russell E. Ryan and
Randall Neudeck to four-year terms on the Board of Trustees of Reclamation District 2026. The terms will
commence in December 2019 and conclude in December 2023.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Emlyn Struthers,
925-335-1919
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd , Deputy
cc:
C. 29
To:Board of Supervisors
From:David Twa, County Administrator
Date:October 22, 2019
Contra
Costa
County
Subject:Reclamation District 2026 (Webb Tract)
CONSEQUENCE OF NEGATIVE ACTION:
The proposed nominees to the Board of Trustees for Reclamation District 2026 (Webb Tract) would not
be approved, which may hinder the Board of Trustees in achieving a quorum and conducting the
District's business.
ATTACHMENTS
Correspondence from RD 2026 Secretary
RECOMMENDATION(S):
APPOINT in lieu of election Jake Messerli and Lawrence Watty to the Board of Trustees of Reclamation
District 2090 (Quimby Island) for a term of four years, commencing December 2019 and concluding
December 2023.
FISCAL IMPACT:
None.
BACKGROUND:
The Board of Supervisors received correspondence from Pamela Forbus, District Secretary for Reclamation
District 2090 (Quimby Island), requesting appointment to the Board of Trustees of the District in lieu of
elections. Ms. Forbus reports that subsequent to posting the notice calling for nominations, the District
received only two filing petitions, from Jake Messerli and Lawrence Watty. Therefore, the District election
scheduled for November 12, 2019 is uncontested and no election will be conducted.
At this time, the District respectfully requests that the Board of Supervisors appoint Jake Messerli and
Lawrence Watty to four-year terms on the Board of Trustees of Reclamation District 2025. The terms will
commence in December 2019 and conclude in December 2023.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Emlyn Struthers,
925-335-1919
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 30
To:Board of Supervisors
From:David Twa, County Administrator
Date:October 22, 2019
Contra
Costa
County
Subject:Reclamation District 2090 (Quimby Island)
CONSEQUENCE OF NEGATIVE ACTION:
The proposed nominees to the Board of Trustees for Reclamation District 2090 (Quimby Island) would
not be approved, which may hinder the Board of Trustees in achieving a quorum and conducting the
District's business.
ATTACHMENTS
Correspondence from RD 2090 Secretary
RECOMMENDATION(S):
APPOINT in lieu of election Randall Mager and Kevin Romick to the Board of Trustees of Reclamation
District 2137 for a term of four years, commencing December 2019 and concluding December 2023.
FISCAL IMPACT:
None.
BACKGROUND:
The Board of Supervisors received correspondence from Pamela Forbus, District Secretary for Reclamation
District 2137 (Holland Tract), requesting appointment to the Board of Trustees of the District in lieu of
elections. Ms. Forbus reports that subsequent to posting the notice calling for nominations, the District
received only two filing petitions, from Randall Mager and Kevin Romick. Therefore, the District election
scheduled for November 12, 2019 is uncontested and no election will be conducted.
At this time, the District respectfully requests that the Board of Supervisors appoint Randall Mager and
Kevin Romick to four-year terms on the Board of Trustees of Reclamation District 2137. The terms will
commence in December 2019 and conclude in December 2023.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Emlyn Struthers,
925-335-1919
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 31
To:Board of Supervisors
From:David Twa, County Administrator
Date:October 22, 2019
Contra
Costa
County
Subject:Reclamation District 2137
CONSEQUENCE OF NEGATIVE ACTION:
The proposed nominees to the Board of Trustees for Reclamation District 2137 would not be approved,
which may hinder the Board of Trustees in achieving a quorum and conducting the District's business.
ATTACHMENTS
Correspondence from RD 2137 Secretary
RECOMMENDATION(S):
APPROVE Appropriation Adjustment No. 5008 transferring $2,490,000 in appropriations to the Airport
(0843), Animal Services (0366), Conservation & Development (0280), Department of Information
Technology (0147), Telecommunications (0060), Employment and Human Services (0501), Human
Resources (0035), Library (0620), Public Defender (0243), Public Works (0650), Sheriff-Coroner (0255),
and Treasurer-Tax Collector (0015) for fiscal year 2019-20 Venture Capital Projects.
FISCAL IMPACT:
Project funds are budgeted in the General Fund Contingency for FY 2019-20 (100% General Fund).
BACKGROUND:
The Board of Supervisors adopted a Budget Policy in 2006, which included a resource intended to improve
departmental operations. Per this policy, in FY 2019-20 funding was made available for technology projects
to be used to increase efficiencies and economies in departments that did not have resources available within
their normal operating budgets for such expense. Requests for these funds were submitted with the
Departments' baseline budgets. Departments included requests of $4,272,580 and the County Administrator
was able to approve $2,490,000.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Lisa Driscoll, (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: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 32
To:Board of Supervisors
From:David Twa, County Administrator
Date:October 22, 2019
Contra
Costa
County
Subject:Appropriation Transfer for Approved FY 2019-20 Venture Capital Projects
BACKGROUND: (CONT'D)
FY 2019-20
Venture Capital Requests
Department Amount Project Title
Airport $52,000 Radio Equipment for Firefighting personnel
Airport $30,000 Security Gate Switch Equipment
Animal
Services $22,000 Electronic Deposit Program upgrade
Animal
Services $23,000 Presynct Reporting System
Conservation
& Development $175,000 Electronic Plan Check
Dept of Info
Technology $174,000 Wi-Fi Access Points
Dept of Info
Technology $600,000 Network/Application Redundancy
Dept of Info
Technology $30,000 Critical Service Redundancy
Dept of Info
Technology $130,000 Print Management Solution
Dept of Info
Technology $90,000 Hilltop Safety Fencing
Employment &
Human Svcs $80,000 Electronic-based case assignment
Human
Resources $70,000 Skills Survey
Human
Resources $268,000 Smart Enterprise Resource Planning-PeopleSoft
Library $25,000 Remote Computer Management System
Public
Defender $220,000 Infrastructure Renovation - Rewiring
Public Works $100,000 Business Analysis of Project Delivery Process
Sheriff-Coroner $271,000 Cyber Security Software Upgrade
Treasurer-Tax
Collector $100,000 Cashiering Project
Treasurer-Tax
Collector $15,000 Server Room Cooling Unit
Treasurer-Tax
Collector $15,000 Offsite Back-up Server
TOTAL $2,490,000
CONSEQUENCE OF NEGATIVE ACTION:
Departments will not receive the resources needed to fund the aforementioned projects.
AGENDA ATTACHMENTS
APOO 5008: 2019/20 Venture Capital Allocations
MINUTES ATTACHMENTS
Signed: Appropriations&Adjustments No. 5008
RECOMMENDATION(S):
Health Services Department (5899)/Fleet ISF (0064): Approve Appropriation and Revenue Adjustment
#005009 authorizing the transfer of appropriations in the amount of $33,091 from Behavioral Health
Services Division – Mental Health Services Act Innovation to General Services – ISF Fleet Services (0064)
for the purchase of one (1) vehicle for the implementation of the Partners in Aging program.
FISCAL IMPACT:
This action increases appropriations in General Services – Fleet Services (0064) and reduces appropriations
in Behavioral Health Services (5899) by $33,091. This purchase is funded 100% by Mental Health Services
Act funds.
BACKGROUND:
The Partners in Aging project seeks to provide more effective treatment for individuals who are frail,
homebound, and suffer from multiple physical and mental impairments, especially those with co-occurring
substance use disorders. Additionally, this project will utilize a home-based peer component to engage
older adults who have been identified by Psychiatric Emergency Services (PES) as those in need of
additional care. Peer support workers will link individuals discharged from PES to appropriate services and
provide in-home peer support services including efforts to increase clients’ skills in daily living activities as
well as engagement with appropriate resources and social networks. Purchase of these vehicles will allow
County to implement the Partners in Aging project.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V Supervisor
Contact: Suzanne Tavano, PhD.,
925-957-5212
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Marcy Wilhelm, Windy Taylor
C. 33
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:October 22, 2019
Contra
Costa
County
Subject:Appropriation Adjustment for Behavioral Health Services Administration
CONSEQUENCE OF NEGATIVE ACTION:
If this appropriation adjustment is not approved, the Division will not be able to purchase cars to
implement the Partners in Aging project.
AGENDA ATTACHMENTS
Purchase Request
TC 24/27-39818-APOO5009
MINUTES ATTACHMENTS
Signed: Appropriations&Adjustments No. 5009
RECOMMENDATION(S):
ADOPT Position Adjustment Resolution No. 22519 to transition one Clerk-Beginning Level – Project
(JWX9) (represented) position #17292 at salary plan and grade 3R5 0693 ($2,536.66 - $3,085.54) and its
incumbent into the Merit System as Clerk-Beginning Level (Non-Typing) (JWXE) (represented) position at
salary plan and grade 3R5 0693 ($2,536.66 - $3,085.54) in the Library Department by way of the Bridges
to Success (BTS) pilot program.
FISCAL IMPACT:
Upon approval, this action will result in an annual cost of $17,655 to the Library fund. No impact to the
County General Fund.
BACKGROUND:
In December 2016, the Board approved beginning the Bridges to Success pilot program. This program
encourages the hiring of individuals with developmental disabilities and provides job coaching and
assistance for these new employees. These employees are hired into a project position and periodically
evaluated over the course of a year. As part of the program, Bridges to Success employees who successfully
serve for a year in the project position may be transitioned into the Merit System following approval by the
Board of Supervisors.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Samuel Treanor at (925)
608-7702
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 34
To:Board of Supervisors
From:Dianne Dinsmore, Human Resources Director
Date:October 22, 2019
Contra
Costa
County
Subject:Transition one Clerk-Beginning Level-Project position into the Merit System
BACKGROUND: (CONT'D)
The Library is a participant in this pilot program and appointed a candidate to serve as a Clerk-Beginning
Level - Project. Per PMR Section 1603.1, an employee who has served in a project position for a year
from a program initially established by the Board for a limited time may be moved into the Merit System
if the Director of Human Resources recommends such inclusion, the Board of Supervisors approves the
classification, and the employee was appointed from an eligible list on an open competitive basis.
The employee appointed through the Bridges to Success program was appointed from an eligible list on
an open competitive basis. The Director of Human Resources recommends including the position into
the Merit System. This candidate has performed satisfactorily for a full year as an employee in the
project position. Consequently, the Library requests the candidate’s position and incumbent be
transitioned into the Merit System.
CONSEQUENCE OF NEGATIVE ACTION:
If not approved, the incumbent will not receive the benefits of being a Merit System employee after
meeting all of the program requirements. This could discourage further participation in the Bridges to
Success program.
AGENDA ATTACHMENTS
P300 22519 Transition Clerk-Beginning Level Project into Merit System_Library Dept
MINUTES ATTACHMENTS
Signed P300 22519
POSITION ADJUSTMENT REQUEST
NO. 22519
DATE 9/1/2019
Department No./
Department County Library Budget Unit No. 0620 Org No. 3723 Agency No. 85
Action Requested: Transition one (1) Clerk -Beginning Level Project (JWX9) position # 17292 into the merit system as Clerk -
Beginning Level (non-typing) (JWXE)
Proposed Effective Date: 10/1/2019
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 $17,655.00 Net County Cost $0.00
Total this FY $13,241.00 N.C.C. this FY $0.00
SOURCE OF FUNDING TO OFFSET ADJUSTMENT Library Fund
Department must initiate necessary adjustment and submit to CAO.
Use additional sheet for further explanations or comments.
Melinda S. Cervantes
______________________________________
(for) Department Head
REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT
BR for JE 9/18/2019
___________________________________ ________________
Deputy County Administrator Date
HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 10/8/2019
Transition one Clerk -Beginning Level – Project (JWX9) (represented) position #17292 at salary level 3R5 0693 ($2,536.66 -
$3,085.54) and its incumbent into the merit system as Clerk -Beginning Level (Non-Typing) (JWXE) (repres ented) position at
salary level 3R5 0693 ($2,536.66 - $3,085.54) in the Library Department.
Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule.
Effective: Day following Board Action.
10/1/2019(Date) Mary Jane De Jesus -Saepharn 10/8/2019
___________________________________ ________________
(for) Director of Human Resources Date
COUNTY ADMINISTRATOR RECOMMENDATION: DATE 10/16/2019
Approve Recommendation of Director of Human Resources
Disapprove Recommendation of Director of Human Resources /s/ Julie DiMaggio Enea
Other: ____________________________________________ ___________________________________
(for) County Administrator
BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors
Adjustment is APPROVED DISAPPROVED and County Administrator
DATE BY
APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT
POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION
Adjust class(es) / position(s) as follows:
P300 (M347) Rev 3/15/01
REQUEST FOR PROJECT POSITIONS
Department Date 10/16/2019 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 & Benefit s Costs : b. Support Cost s :
(services, supplies, equipment, etc.)
c . Less revenue or expenditure: d. Net cost to General or other fund:
6. Briefly explain the consequences of not filling the project position(s) in term s 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 con sidered. 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. 22521 to establish the classification of Elections Temporary
Assignment (EBWA) (represented) at Salary Plan and Grade 3RX 1000 ($22.59/hour) in the Clerk
Recorder - Elections Department.
FISCAL IMPACT:
100% General Fund. The increased costs are within the division's appropriated budget for temporary
salaries for FY 2019-20. The division has estimated the increase at $54,000.
BACKGROUND:
For each major election cycle, the Clerk-Recorder Department must recruit between 50-75 temporary staff
to assist with the Primary and General Elections. Many of these employees only work for the department
for 3-6 weeks. Without these workers, the County cannot successfully conduct these major elections. With
change at the State Legislature to move the 2020 Presidential Primary Election up to March instead of June,
the Department needs to have staff hired and available to work no later than the first week of December. It
is promising to be a high-profile election with a significant turnout.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Debi Cooper
925-335-7899
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: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Debi Cooper
C. 35
To:Board of Supervisors
From:Dianne Dinsmore, Human Resources Director
Date:October 22, 2019
Contra
Costa
County
Subject:Create Classification of Elections Temporary Assignment (EBWA)
BACKGROUND: (CONT'D)
The County has been losing Contra Costa temporary staff to Alameda County because Alameda's pay for
this work is significantly higher. This is particularly apparent in West County, which is close to the
Alameda County offices. The Department already has difficulty recruiting quality temporary staff due to
the low unemployment rate and the fact that surrounding counties pay their temporary staff up to 50%
more than we currently offer.
It currently takes an average of 2-3 weeks for a candidate to complete the County's pre-employment and
onboarding processes. When the Department needs to bring on more than 50 people at one time, it
creates great challenges for the Clerk-Recorder and Human Resources Departments to handle the
volume.
The Clerk-Recorder Department's Elections Division and Human Resources have worked together to
create a plan to establish an Elections Temporary Assignment Pool (ETAP) of candidates in order to
ensure sufficient time to recruit and onboard before the need to deploy staff begins. In this way, we hope
to spread out the onboarding process for the Clerk-Recorder and Human Resources Departments. Instead
of all candidates needing to be processed at one time, we would have a continuous recruitment for
candidates interested in working at election time. Alameda County has a Temporary Assignment Pool
(TAP) program that has been in place for several years, and the framework for the ETAP program in
Contra Costa is modeled off Alameda County's program.
CONSEQUENCE OF NEGATIVE ACTION:
Failure to create a classification and provide a competitive salary for election temporary help will
interfere with the County's ability to conduct successful elections. Quality workers will continue to
move to nearby counties that pay more.
AGENDA ATTACHMENTS
P300 22521_Elections Temporary Assignment
MINUTES ATTACHMENTS
Signed P300 22521
POSITION ADJUSTMENT REQUEST
NO. 22521
DATE 9/30/2019
Department No./
Department Clerk -Recorder Budget Unit No. 2353 Org No. 0043 Agency No. 24
Action Requested: Create the classification of Elections Temporary Assignment (represented) (EBWA) Salary Plan 3RD
Grade 1000 ($22.59/hour).
Proposed Effective Date: 10/1/2019
Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No
Total One-Time Costs (non-salary) associated with request:
Estimated total cost adjustment (salary / benefits / one time):
Total annual cost $53,961.00 Net County Cost $53,961.00
Total this FY $53,961.00 N.C.C. this FY $53,961.00
SOURCE OF FUNDING TO OFFSET ADJUSTMENT Covered by Cost Savings
Department must initia te necessary adjustment and submit to CAO.
Use additional sheet for further explanations or comments.
J.C
______________________________________
(for) Department Head
REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTM ENT
BR for JE 9/30/2019
___________________________________ ________________
Deputy County Administrator Date
HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 10/10/2019
Establish the classification of Elections Temporary Assignment (EBWA) at Salary Plan and Grade 3RD 1000 ($22.59/hour).
Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary s chedule.
Effective: Day following Board Action.
(Date) Shelly Gough 10/10/2019
___________________________________ ________________
(for) Director of Human Resources Date
COUNTY ADMINISTRATOR RECOMMENDATION: DATE 10/17/2019
Approve Recommendation of Director of Human Resources
Disapprove Recommendation of Director of Human Resources /s/ Julie DiMaggio Enea
Other: ____________________________________________ ___________________________________
(for) County Administrator
BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors
Adjustment is APPROVED DISAPPROVED and County Administrator
DATE BY
APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT
POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION
Adjust class(es) / position(s) as follows:
P300 (M347) Rev 3/15/01
REQUEST FOR PROJECT POSITIONS
Department Date 10/18/2019 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 & Benefit s Costs : b. Support Cost s :
(services, supplies, equipment, etc.)
c . Less revenue or expenditure: d. Net cost to General or other fund:
6. Briefly explain the consequences of not filling the project position(s) in terms of:
a. potential future costs d. political implications
b. legal implications e. organizational implications
c . financial implications
7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these
alternatives were not chosen.
8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the
halfway point of the project duration. This report is to be submitted to the Human Resources Department, which will
forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted
9. How will the project position(s) be filled?
a. Competitive examination(s)
b. Existing employment list(s) Which one(s)?
c. Direct appointment of:
1. Merit System employee who will be placed on leave from current job
2. Non-County employee
Provide a justification if filling position(s) by C1 or C2
USE ADDITIONAL PAPER IF NECESSARY
RECOMMENDATION(S):
ADOPT Position Adjustment Resolution No. 22539 to add one Mental Health Clinical Specialist (VQSB)
position at salary plan and grade level TC2-1384 ($62,161-$92,279) in the Health Services. (Represented)
FISCAL IMPACT:
Upon approval, this action has an approximate annual increase of $160,002 with $35,139 in pension costs
already included. 100% funded by Health Resources and Services Administration (HRSA).
BACKGROUND:
The Health Services Department is requesting to add one Mental Health Clinical Specialist to its Public
Health Division. Health Care for the Homeless Program is geared towards increasing access to health care
that focuses on harm reduction and integration of behavioral and medical services to those within this
population. The services are free to all who is experiencing homelessness without the focus on their
insurance. A grant was awarded of $167,000 to expand the access to Mental Health and Substance Use
Disorder services for the homeless individuals.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V Supervisor
Contact: Sabrina Pearson, (925)
957-5240
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 36
To:Board of Supervisors
From:Anna Roth, Health Services
Date:October 22, 2019
Contra
Costa
County
Subject:Add one Mental Health Clinical Specialist in the Health Services Department
BACKGROUND: (CONT'D)
The responsibilities of the new position is to provide psycho-therapeutic intervention, treatment, and
other related mental health services to consumers, refers clients to appropriate community agencies and
interprets and explains to clients about social and emotional factors pertaining to mental health illness.
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not approved, Health Care for the Homeless will not have adequate clinical support to
provide the appropriate level of health care services to the homeless population.
AGENDA ATTACHMENTS
P300 No. 22539
MINUTES ATTACHMENTS
Signed P300 22539
POSITION ADJUSTMENT REQUEST
NO. 22539
DATE _10/8/2019_
Department No./
Department Health Services Budget Unit No. 0540 Org No. 6377 Agency No. A18
Action Requested: Add one Mental Health Clinical Specialist (VQSB) in the Health Services Department .
Proposed Effective Date: __________
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 $160,002 Net County Cost
Total this FY $120,001 N.C.C. this FY
SOURCE OF FUNDING TO OFFSET ADJUSTMENT: 100% Health Resources and Services Administration .
Department must initiate necessary adjustment and submit to CAO.
Use additional sheet for further explanations or comments.
Sabrina Pearson
______________________________________
(for) Department Head
REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT
________Sarah Kennard____________ _____10/8/2019______
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.
(Dat e)
___________________________________ ________________
(for) Director of Human Resourc es 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 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 & Benefit s Costs : b. Support Cost s :
(services, supplies, equipment, etc.)
c . Less revenue or expenditure: d. Net cost to General or other fund:
6. Briefly explain the consequences of not filling the project position(s) in terms of:
a. potential future costs d. political implications
b. legal implications e. organizational implications
c . financial implications
7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these
alternatives were not chosen.
8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the
halfway point of the project duration. This report is to be submitted to the Human Resource s 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. 22540 to add one Senior Emergency Planning Coordinator
(9GWB) position at salary plan and grade level ZB5-1653 ($6,562-$7,976) and cancel one vacant
Emergency Planning Coordinator position #13461 (9GSA) at salary plan and grade level ZB5-1501
($5,645-$6,862) in the Health Services Department. (Represented)
FISCAL IMPACT:
Upon approval, this action has an annual increase cost approximately of $17,340 with $4,363 in pension
costs already included. This action is funded 100% by State Department of Public Health, Emergency
Preparedness Office (PHEP).
BACKGROUND:
The Health Services Department is requesting to add one Senior Emergency Planning Coordinator and
cancel one vacant Emergency Planning Coordinator position #13461 in its Public Health Emergency
Response Unit (HERU). As part of re-organizational changes, Public Health downgraded the Emergency
Services Manager to the Health Services Emergency Preparedness Manager classification,
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V Supervisor
Contact: Sabrina Pearson, (925)
957-5240
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 37
To:Board of Supervisors
From:Anna Roth, Health Services
Date:October 22, 2019
Contra
Costa
County
Subject:Add one Senior Emergency Planning Coordinator position and cancel one Emergency Planning Coordinator position
in the Health Services Department
BACKGROUND: (CONT'D)
and the next step is adding a Senior Emergency Planning Coordinator and canceling the Emergency
Planning Coordinator to offset the cost. This Senior position can exercise lead direction to subordinate
Emergency Planning Coordinators within that unit and is the advanced working level in the field of
emergency management.
The new position will be responsible for developing and maintaining emergency preparedness response
and recovery programs; and working with public warning response protocols that included but not
limited cities within the county, special districts, local industry, business, non-profit organizations, and
state and federal government agencies. Additionally, the incumbent will be participating in the
development of funding applications and progress reports in the Health Emergency Response Unit.
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not approved, Public Health Response Unit within The Health Services Department will
not have the adequate professional staffing with the expertise to assist with emergency planning.
AGENDA ATTACHMENTS
P300 No. 22540
MINUTES ATTACHMENTS
Signed P300 22540
POSITION ADJUSTMENT REQUEST
NO. 22540
DATE 10/8/2019
Department No./
Department Health Services Budget Unit No. 0450 Org No. 5752 Agency No. A18
Action Requested: Add one Senior Emergency Planning Coordinator (9GWB) position and cancel one vacant Emergency
Planning Coordinator (9GSA) position #13461 in the Health Services Department .
Proposed Effective Date: __________
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 $17,340 Net County Cost
Total this FY $13,005 N.C.C. this FY
SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% State Dept. of Public Health, Emergency Preparedness Office.
Department must initiate necessary adjustment and submit to CAO.
Use additional sheet for further explanations or comments.
Sabrina Pearson
______________________________________
(for) Department Head
REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT
_________Sarah Kennard_________ ______10/8/2019______
Deputy County Administrator Date
HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE
Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule.
Effective: Day following Board Action.
(Date)
___________________________________ ________________
(for) Director of Human 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 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 & Benefit s Costs : b. Support Cost s :
(services, supplies, equipment, etc.)
c . Less revenue or expenditure: d. Net cost to General or other fund:
6. Briefly explain the consequences of not filling the project position(s) in terms of:
a. potential future costs d. political implications
b. legal implications e. organizational implications
c . financial implications
7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these
alternatives were not chosen.
8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the
halfway point of the project duration. This report is to be submitted to the Human Resource s 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. 22541 to add one Executive Secretary-Exempt position
(J3T5) at salary plan and grade level B85-1445 ($5,434 - $5,890) and cancel one Secretary-Advanced Level
position (J3TG) at salary plan and grade level 3R2-1163 ($4,162 - $5,327) Position #7402 in the Health
Services Department. (Represented)
FISCAL IMPACT:
This action has an annual increase cost of approximately $10,647 with pension costs of $2,679 already
included. The entire cost is fully offset by Enterprise Fund I.
BACKGROUND:
The Director of Health Services, Anna Roth, RN, MS, MPH, does not have a dedicated confidential
Executive Secretary position allocated to providing daily administrative support. Instead, administrative
support is currently provided by one permanent clerk, and a temporary work experience employee (WEX
Trainee) working through a training program administered by the Employment and Human Services
Department. The Executive Secretary position will be responsible for solely supporting the Director of
Health Services in a variety of activities including, but not limited to: maintaining the Director’s
appointment calendar and meeting schedules, as well as coordinating
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V Supervisor
Contact: Jo-Anne Linares, (925)
957-5240
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 38
To:Board of Supervisors
From:Anna Roth, Health Services
Date:October 22, 2019
Contra
Costa
County
Subject:Add one Executive Secretary-Exempt position and cancel one Secretary-Advanced Level position #7402 in the Health
Services Department
BACKGROUND: (CONT'D)
travel arrangements; prioritizing appointments with/for the Director with supervision and direction as
needed; answering and screening telephone calls, emails, and greeting visitors; serving as the liaison
between department heads or designees, staff, public and other officials; composing draft memorandum,
emails, and other essential administrative/scheduling correspondences; preparing and assisting in the
preparation of highly confidential and sensitive reports; and providing lead and work direction to a clerk
and WEX Trainee, and student interns in the Office of the Director. This position will be privy to
confidential information regarding operational, organizational, and personnel plans and strategies
throughout Health Services.
CONSEQUENCE OF NEGATIVE ACTION:
The Director of Health Services will not have a dedicated confidential staff to perform daily
administrative support tasks in the Health Services Office of the Director.
AGENDA ATTACHMENTS
P300 No. 22541
MINUTES ATTACHMENTS
Signed P300 22541
POSITION ADJUSTMENT REQUEST
NO. 22541
DATE 10/2/2019
Department No./
Department Health Services Budget Unit No. 0540 Org No. 6544 Agency No. A18
Action Requested: Add one Executive Secretary -Exempt (J3T5) position at salary plan B85-1445 ($5,343-$5,890) and cancel
one Secretary -Advanced Level (J3TG) position # 7402 at salary plan 3R2-1163 ($4,162-$5,327) in the Health Services
Department.
Proposed Effective Date:
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 $10,647.00 Net County Cost
Total this FY $7,098.00 N.C.C. this FY
SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% Enterprise Fund I
Department must initiate necessary adjustment and submit to CAO.
Use additional sheet for further explanations or comments.
Jo-Anne Linares
______________________________________
(for) Department Head
REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT
Sarah Kennard 10/9/2019
___________________________________ ________________
Deputy County Administrator Date
HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE
Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule.
Effective: Day following Board Action.
(Date)
___________________________________ ________________
(for) Director of Human 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 10/9/2019 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 & Benefit s Costs : b. Support Cost s :
(services, supplies, equipment, etc.)
c . Less revenue or expenditure: d. Net cost to General or other fund:
6. Briefly explain the consequences of not filling the project position(s) in terms of:
a. potential future costs d. political implications
b. legal implications e. organizational implications
c . financial implications
7. Briefly describe the alternative approaches to delivering the services which you have 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 i s 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 jo b
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. 22538 to increase the hours of one Senior Health Education
Specialist (VMWE) position #9703 from 32/40 to 40/40 at salary plan and grade level TC5-1543
($5,885-$7,153) in Health Services Department. (Represented)
FISCAL IMPACT:
Upon approval, this action has an annual increase cost of approximately $28,322 with $6,539 in pension
costs already included. The cost is entirely supported with CCHP Member Premium Revenues.
BACKGROUND:
The Health Services Department is requesting to increase the hours of Senior Health Education Specialist
position #9703 from 32/40 to 40/40 in the Health Services Department. The increased hours will be used to
complete special projects which involve the design and execution of improvement efforts, specifically
ensuring that the materials developed are culturally appropriate and offering strategies for different subsets
of the target groups. This incumbent has a large role in the upcoming Disparity Performance Improvement
Project assigned by California Department of Health Care Services.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V Supervisor
Contact: Sabrina Pearson, (925)
957-5240
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 39
To:Board of Supervisors
From:Anna Roth, Health Services
Date:October 22, 2019
Contra
Costa
County
Subject:Increase Position Hours of one Senior Health Education Specialist in the Health Services Department
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not approved, the Contra Costa Health Plan within Health Services will not have
adequate professional staffing to ensure state improvement plans are completed.
AGENDA ATTACHMENTS
P300 No. 22538
MINUTES ATTACHMENTS
Signed P300 22538
POSITION ADJUSTMENT REQUEST
NO. 22538
DATE 10/8/2019
Department No./
Department Health Services Budget Unit No. 0860 Org No. 6106 Agency No. A18
Action Requested: Increase the hours of one Senior Health Education Specialist (VMWE) position #9703 from 32/40 to 40/40
in Health Services Department .
Proposed Effective Date: __________
Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Y es No
Total One-Time Costs (non-salary) associated with request: $0.00
Estimated total cost adjustment (salary / benefits / one time):
Total annual cost $28,322 Net County Cost
Total this FY $21,241 N.C.C. this FY
SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% CCHP Member Premium Payments
Department must initiate necessary adjustment and submit to CAO.
Use additional sheet for further explanations or comments.
Sabrina Pearson
______________________________________
(for) Department Head
REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT
_________Sarah Kennard____________ ____10/8/2019_____
Deputy County Administrator Date
HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE
Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule.
Effective: Day following Board Action.
(Date)
___________________________________ ________________
(for) Director of Human 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 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 & Benefit s Costs : b. Support Cost s :
(services, supplies, equipment, etc.)
c . Less revenue or expenditure: d. Net cost to General or other fund:
6. Briefly explain the consequences of not filling the project position(s) in terms of:
a. potential future costs d. political implications
b. legal implications e. organizational implications
c . financial implications
7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these
alternatives were not chosen.
8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the
halfway point of the project duration. This report is to be submitted to the Human Resource s 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. 22547 to reallocate the salary of the Workforce Services
Director-Exempt (XAD3) (unrepresented) on the Salary Schedule from Salary Plan and Grade B85 2113
($10,352 - $12,583) five (5) merit steps and one (1) Pay for Performance step to Salary Plan and Grade B85
1009 ($10,352 - $13,212) six (6) merit steps and no Pay for Performance; and cancel Resolution Number
99/220 to exclude the outstanding pay provisions for the class, as recommended by the Human Resources
Director.
FISCAL IMPACT:
There is no fiscal impact.
BACKGROUND:
The County has been working to convert Pay for Performance salary steps to regular merit step increments
over time. The Workforce Services Director - Exempt currently has five merit steps and one Pay for
Performance step. In order to retain and recruit highly qualified candidates in this role, Human Resources
recommends converting the top salary step to a merit pay step.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V Supervisor
Contact: Dianne Dinsmore (925)
335-1766
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Gladys Scott Reid, Robert Campbell, Auditor-Controller
C. 40
To:Board of Supervisors
From:Dianne Dinsmore, Human Resources Director
Date:October 22, 2019
Contra
Costa
County
Subject:Reallocate the Salary of the Workforce Services Director-Exempt Classification
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not approved, the Employment and Human Services Department will be hampered in
their ability to recruit and retain highly skilled candidates.
AGENDA ATTACHMENTS
P300 22547 Salary Reallocation
MINUTES ATTACHMENTS
Signed P300 22547
POSITION ADJUSTMENT REQUEST
NO. 22547
DATE 10/7/2019
Department No./
Department Human Resources Department Budget Unit No. 0504 Org No. Agency No. 19
Action Requested: Reallocate the salary of the Workforce Services Director -Exempt (XAD3) (unrepresented) classification on
the Salary Schedule from Salary Plan and G rade B85 2113 ($10,352 - $12,583) five merit steps and one performance step to
Salary Plan and Grade B85 1009 six merit steps and no pay for performance step, and cancel Resolution Number 99/220 to
exclude the outstanding pay provisions for the class
Proposed Effective Date:
Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No
Total One-Time Costs (non-salary) associated with request:
Estimated total cost adjustment (salary / benefits / one time):
Total annual cost Net County Cost
Total this FY N.C.C. this FY
SOURCE OF FUNDING TO OFFSET ADJUSTMENT
Department must initiate necessary adjustment and submit to CAO.
Use additional sheet for further explanations or comments.
Dianne Dinsmore
______________________________________
(for) Department Head
REV IEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT
___________________________________ ________________
Deputy County Administrator Date
HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 10/7/2019
Reallocate the salary of the Workforce Services Director -Exempt (XAD3) (unrepresented) classification on the Salary
Schedule from Salary Plan and G rade B85 2113 ($10,352 - $12,583) five merit steps and one performance step to Salary
Plan and Grade B85 1009 six (6) merit steps and no pay for performance step and cancel Resolution Number 99/220 to
exclude the outstanding pay provisions for the class
Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule.
Effective: Day following Board Action.
(Date) Gladys Scott Reid 10/7/2019
___________________________________ ________________
(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 10/15/2019 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 t ime (i.e. 2 years) or on a year-to-year basis? Please explain.
5. Project Annual Cost
a. Salary & Benefit s Costs : b. Support Cost s :
(services, supplies, equipment, etc.)
c . Les s 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 justificat ion if filling position(s) by C1 or C2
USE ADDITIONAL PAPER IF NECESSARY
RECOMMENDATION(S):
ADOPT Position Adjustment Resolution No. 22545 to add five (5) full time Social Worker (X0VC)
(represented) positions at salary plan and grade 255-1434 ($5,463 - $6,641) in the Employment and Human
Services Department.
FISCAL IMPACT:
The anticipated cost of funding these positions are $338,500 (salary and benefits) for a six-month period
(January through June 2020) and $677,000 for annual costs. The State allocation (CFL 19/20-28) has been
increased to $4,819,574. This increases budgeted revenue of $2,836,823 by $1,982,751, allowing the
Department to fund five additional Social Workers in the Aging and Adult Services Bureau (Org Code
0503). Costs will be covered by 48% Federal, 39% State and 13% County funds, with no increase to the
County General Fund allocation needed.
BACKGROUND:
Employment and Human Services Department (EHSD) is requesting the addition of five Social Workers for
the In Home Supportive Services (IHSS) program.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V Supervisor
Contact: Livienne Manguera, (925)
608-5022
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Livienne Manguera
C. 41
To:Board of Supervisors
From:Kathy Gallagher, Employment & Human Services Director
Date:October 22, 2019
Contra
Costa
County
Subject:Add Five Social Workers to the In-Home Supportive Services Program
BACKGROUND: (CONT'D)
>
The IHSS program has been understaffed over the years, which has been exacerbated by significant
caseload growth. The program has been under a state-mandated corrective action plan for several years
and has not made the progress required because we have not been able to add staff equal to caseload
growth and the challenge of recruiting qualified social workers.
CONSEQUENCE OF NEGATIVE ACTION:
The IHSS program will be unable to hire additional Social Workers so that the Division can make
progress on the state-mandated correction improvement plan.
AGENDA ATTACHMENTS
P300 No. 22545 Adding 5 Social Workers to IHSS
MINUTES ATTACHMENTS
Signed P300 22545
POSITION ADJUSTMENT REQUEST
NO. 22545
DATE 10/11/2019
Department No./
Department Employment and Human Services Budget Unit No. 0503 Org No. 5311 Agency No. A19
Action Requested: Add five (5) full time Social Worker (X0VC) (represented) positions at salary plan & grade 255-1434
($5463 - $6641 )
Proposed Effective Date: 10/23/2019
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 $338,500.00 Net County Cost $44,000.00
Total this FY $169,000 N.C.C. this FY $22,000.00
SOURCE OF FUNDING TO OFFSET ADJUSTMENT 48% Federal, 39% State, 13% County
Department must initiate necessary adjustment and submit to CAO.
Use additional sheet for further explanations or comments.
Livienne Manguera (925) 608 -5022
______________________________________
(for) Department Head
REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT
Julia Taylor 10/14/2019
___________________________________ ________________
Deputy County Administrator Date
HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 10/14/2019
Add five (5) full time Social Worker (X0VC) (represented) positions at salary plan & grade 255 -1434 ($5463 - $6641)
Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule.
Effective: Day following Board Action.
(Date) Amanda Monson 10/14/2019
___________________________________ ________________
(for) Director of Human Resources Date
COUNTY ADMINISTRATOR RECOMMENDATION: DATE 10/15/2019
Approve Recommendation of Director of Human Resources
Disapprove Recommendation of Director of Human Resources Lisa Driscoll, County Finance Director
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 10/15/2019 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 & Benefit s Costs : b. Support Cost s :
(services, supplies, equipment, etc.)
c . Less revenue or expenditure: d. Net cost to General or other fund:
6. Briefly explain the c onsequences 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 No. 2019/612 to modify classifications previously associated with the Physicians',
Dentists' Organization of Contra Costa (PDOCC) and to provide for benefits of temporary unrepresented
physician positions to parallel those in the new PDOCC Memorandum of Understanding (November 1,
2019 through October 31, 2022).
FISCAL IMPACT:
Costs of temporary employees are paid from the Health Services Agency budgets.
BACKGROUND:
The Physicians', Dentists' Organization of Contra Costa (PDOCC) recently agreed to a new Memorandum
of Understanding (MOU). The new MOU includes new classification titles and codes. This action
deactivates classifications that will become obsolete on October 31, 2019, and retitles three existing
resident physician classifications. Additionally, this action replaces obsolete special pays for temporary
physicians, dentists, and optometrists in the Management Resolution. Temporary physicians, dentists, and
optometrists are covered by the County Management Resolution because PDOCC does not represent
temporary employees.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Lisa Driscoll, County Finance
Director (925) 335-1023
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Robert Campbell, Auditor-Controller, Dianne Dinsmore, Human Resources Director, Anna Roth, Director of Health Services
C. 42
To:Board of Supervisors
From:David Twa, County Administrator
Date:October 22, 2019
Contra
Costa
County
Subject:Management Resolution and Classification Changes Associated with Impact of New Physicians' and Dentists'
Organization of Contra Costa MOU
CONSEQUENCE OF NEGATIVE ACTION:
Defunct classifications will remain in PeopleSoft and temporary physician, dentist, and optometrist
employees will not be paid appropriately.
AGENDA ATTACHMENTS
Resolution 2019/612
MINUTES ATTACHMENTS
Signed Resolution No. 2019/612
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 10/22/2019 by the following vote:
AYE:4
John Gioia
Candace Andersen
Diane Burgis
Karen Mitchoff
NO:
ABSENT:1 Federal D. Glover
ABSTAIN:
RECUSE:
Resolution No. 2019/612
In The Matter Of: deleting obsolete physician, dentist, and optometrist classifications, retitling resident physician
classifications, and modifying benefits for temporary physicians, dentists, and optometrists.
The Contra Costa County Board of Supervisors acting solely in its capacity as the Governing Board of the County of Contra
Costa RESOLVES THAT:
Effective November 1, 2019, the following defunct Exempt Medical Staff classifications are deleted: Resident Physician IV
(VP75); Chief of Dental Services (VPD3); Physician Fellow (VPR1); Optometrist (VPS1); Dental Specialist (VPV7);
Dentist (VPW0); and Physician (VPW9).
1.
Effective November 1, 2019, the following classifications are retitled with no change to classification code: Resident
Physician I (VP71) to Resident I; Resident Physician II (VP72) to Resident II; and Resident Physician III (VP74) to
Resident III.
2.
Effective November 1, 2019, Section 2. Days and Hours of Work , in Appendix I of Management Resolution No. 2019/507,
add classifications to Subsection 4, to allow temporary physicians, dentists, and optometrists to work more than
twenty-five (25) hours per week:
Ambulatory Care Provider-Exempt (VPT1); Dentist-Exempt (VPT2); Emergency Medicine-Exempt (VPS3);
Hospitalist-Exempt (VPT3); OBGYN–Full Spectrum-Exempt (VPS5); OBGYN–FM Adv Obstetrics-Exempt
(VPS6); Optometrist-Exempt (VPS7); Oral Surgeon-Exempt (VPS8); Pathologist-Exempt (VPT7);
Pediatrician–Ambulatory-Exempt (VPS9); Pediatrician–Hospitalist-Exempt (VPS0); Primary Care Provider-Exempt
(VPT5); Primary Care Provider–Limited-Exempt (VPT6); Psychiatrist–Adult-Exempt (VPT8);
Psychiatrist–Pediatric-Exempt (VPT9); and Psychiatrist–Emg/Svs/Detention-Exempt (VPT0).
3.
Effective November 1, 2019, Section 6. Special Pays for Temporary Physicians, in Appendix I of Management Resolution
No. 2019/507 be replaced in its entirety with:
6.10 Clinical On-Call. A temporary physician is eligible for Clinical On-Call pay when assigned to on-call
obligations by the Appointing Authority or his/her designee. Clinical On-Call pay will be paid at the rate of
twenty-eight dollars ($28) per hour for each hour of designated on-call period. The on-call pay ends if the physician
is called back and returns to work during the on-call period.
6.11 Nocturnist Pay. A temporary physician performing work in the classifications of Emergency Medicine-Exempt,
Hospitalist-Exempt, OBGYN-Full Spectrum-Exempt, OBGYN-FM Advanced Obstetrics-Exempt,
Pediatrician-Hospitalist-Exempt, and Psychiatrist-Emergency Services Detention-Exempt, is eligible for fifty dollars
($50) for each hour worked between 11:00 p.m. – 7:00 a.m. Monday through Thursday; and for each hour worked
between 9:00 p.m. – 7:00 a.m. on Friday, Saturday, Sunday, Holidays, December 24, and December 31.
4.
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: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Robert Campbell, Auditor-Controller, Dianne Dinsmore, Human Resources Director, Anna Roth, Director of Health Services
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to amend a sub-sublease with Concord Jet
Service Incorporated, in an amount not to exceed $250,000 to provide aircraft hangar and office space for
the period May 1, 2017 through April 30, 2022 to reduce the leased aircraft storage space by 1,302 square
feet and reduce rent by $1,000 per month.
FISCAL IMPACT:
100% General Fund. Budgeted.
BACKGROUND:
On May 9, 2017 the Board of Supervisors approved the execution of a sub-sublease with Concord Jet
Services Incorporated to provide aircraft hangar and office space for the period from May 1, 2017 through
April 30, 2022. During this time, the Office of the Sheriff required additional office and hangar space to
accommodate its specialized law enforcement aviation capabilities to include search and rescue and
FAA-certified drone flight operation and instruction. The office and hangar space located at 1450 Sally
Ride Drive in Concord currenlty provides suitable facility for the storage of department aircraft and vital
specialized law enforcement training to include
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Sandra Brown,
925-335-1553
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc:
C. 43
To:Board of Supervisors
From:David O. Livingston, Sheriff-Coroner
Date:October 22, 2019
Contra
Costa
County
Subject:Concord Jet Service, Inc.
BACKGROUND: (CONT'D)
FAA drone pilot certification courses. This area is the only suitable facility that has been identified to meet
the needs of the Office of the Sheriff.
Today's action would amend the sub-sublease to remove 1,302 square feet of unneeded aircraft storage
space from the sublease and reduce rent by $1,000 per month.
CONSEQUENCE OF NEGATIVE ACTION:
Failure to approve will result in the Office of the Sheriff in pay for excess law enforcement aircraft storage.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Public Works Director, or designee, to terminate the lease dated April
13, 2010, between the Rosie the Riveter Trust, as lessor, and the County, as lessee, for a portion of the
property located at 217 South 11th Street, Richmond.
DECLARE as surplus the modular building located at 217 South 11th Street, Richmond, having Serial Nos.
170990313, 1700990314, 170990315 and 170990316 (the Modular), and AUTHORIZE the Public Works
Director, or designee, to execute a Bill of Sale to transfer ownership of the Modular to the Rosie the Riveter
Trust, a nonprofit public benefit corporation, in accordance with Government Code Section 25372.
FISCAL IMPACT:
There is no negative impact to the General Fund. The County pays $1 per year as rent under the lease that
is proposed to be terminated. No County funds were used to acquire the modular building.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Jann Edmunds (925)
957-2454
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc:
C. 44
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director/Chief Engineer
Date:October 22, 2019
Contra
Costa
County
Subject:TERMINATION of County's lease of a portion of real property located at 217 South 11th Street, Richmond and
transfer ownership to Rosie the Riveter.
BACKGROUND:
In 1995, the County acquired approximately 1.34 acres of real property located at 1014 Florida Avenue
and 217 South 11th Street in Richmond (the Property). The Property is the site of the Maritime Child
Development Center (Maritime Center), an historic building that was constructed during World War II
for use by mothers working at the Kaiser shipyards. The County operated childcare development
programs at the Maritime Center until 2004. At that time, the Maritime Center was deemed unsafe and
the programs were moved to another location in Richmond.
In 2004, the County leased a portion of the Property to the Richmond Elementary School (RES), a
private non-profit corporation for the sole purpose of operating a pre-school and other related social
services, educational or administrative activities from a modular building located on the Property. The
County owns the modular, which was acquired with funds provided by the Administration for Children
and Families, an agency of the Federal Government’s Department of Health & Human Services (ACF).
Until August 2016, the ACF maintained an interest in the modular.
On April 6, 2010, pursuant to a Board Order, the County donated the Property to the Rosie the Riveter
Trust (Rosie the Riveter). At that time, ACF declined to allow the County to donate the modular. As a
result, the County leased back that portion of the Property that is the site of the modular under a 20-year
lease and subleased the site and the modular to RES. The sublease between the County and RES
terminates by its terms on April 30, 2020.
Under the terms of the lease between the County and Rosie the Riveter, (i) Rosie the Riveter is
responsible for maintaining the Property, (ii) the County is responsible for maintaining the modular,
which is considered to be the personal property of the County, (iii) the County has the right to terminate
the lease with 30 days’ notice, and (iv) if the County elects to convey the modular to Rosie the Riveter,
Rosie the Riveter must accept the conveyance.
In August 2016, in a letter addressed to the County’s Community Services Bureau, ACF released its
interest in the modular and consented to the modular being donated. With the release of ACF’s interest
in the modular, there is no reason for the County to continue to own it. Since the County no longer needs
to own the modular, the reason for the County’s lease of a portion of the Property, and simultaneous
sublease to RES, no longer applies. Staff therefore recommends:
The County terminate the lease between the County and Rosie the Riveter effective
April 30, 2020, the same day that the sublease between the County and RES
terminates by its terms.
The County declare the modular to be surplus property and convey it to Rosie the
Riveter through a bill of sale effective April 30, 2020.
CONSEQUENCE OF NEGATIVE ACTION:
Failure to terminate the lease between the County and Rosie the Riveter and to convey the modular to
Rosie the Riveter will result in the County continuing to be responsible for maintaining property that is
no longer required for County purposes.
ATTACHMENTS
RTR Bill of Sale
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the
County Grant Agreement #29-818-2, containing mutual indemnification, with Public Health Foundation
Enterprises, Inc. (dba Heluna Health), a nonprofit corporation, to pay County an amount not to exceed
$14,875 for participation in the FoodNet Expanded Case Exposure Ascertainment (eCEA) Project, for the
period from August 1, 2019 through July 31, 2020.
FISCAL IMPACT:
This Agreement will result in an amount not to exceed $14,875 in funding. (No County match)
BACKGROUND:
The Health Services Department’s Public Health Division receives hundreds of reports of Salmonellosis
and Shigellosis cases annually. There are likely many cases that do not get reported because community
members do not see their doctor or confirmatory testing is not performed. These infections can result in
serious illness and hospitalization across the age spectrum. Administering the expanded case report and the
eCEA questionnaire will allow health officials to gathering additional information that could result in
enhanced disease prevention and control
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V Supervisor
Contact: Daniel Peddycord,
925-313-6712
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: L Walker, M Wilhelm
C. 45
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:October 22, 2019
Contra
Costa
County
Subject:Agreement #29-818-2 with Public Health Foundation Enterprises, Inc. (dba Heluna Health)
BACKGROUND: (CONT'D)
activities.
On January 15, 2019, the Board of Supervisors approved Grant Agreement #29-818-1 with Public
Health Foundation Enterprises, Inc. (dba Heluna Health) to receive funds for participation in the eCEA,
to study foodborne bacteria, for the period from January 15, 2019 through July 31, 2019.
Approval of Agreement #29-818-2 will allow the County to continue to receive funds to support the
eCEA Project, through July 31, 2020. This Agreement includes mutual indemnification.
CONSEQUENCE OF NEGATIVE ACTION:
If this agreement is not approved, The County will not receive funding to provide services for the eCEA
Project.
ATTACHMENTS
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute Grant Agreement
#29-539-9 (VA #612-18-3-2973-0047) with the U.S. Department of Veterans Affairs Northern California
Health Care System (VANCHCS), a Government Agency, to pay the County in an amount of $133,940.40
for the provision of services and associated operating cost of the Philip Dorn Respite Center through the
Central County’s Adult Interim Housing Program in Concord, for the period from September 29, 2019
through September 28, 2020.
FISCAL IMPACT:
Approval of this agreement will result in an amount of $133,940.40 from VANCHCS for the Central
County’s Adult Interim Housing Program, Philip Dorn Respite Center in Concord for 2019/2020. (No
County match)
BACKGROUND:
The Health Services Department seeks continuous funding to provide interim housing, treatment, and other
services for homeless veterans that access the County’s emergency shelter program. Each year the shelters
provide interim housing and support services to over 75 homeless veterans of Contra Costa County.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Lavonna Martin,
925-608-6701
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: L Walker, M Wilhelm
C. 46
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:October 22, 2019
Contra
Costa
County
Subject:Grant Agreement #29-539-9 with the U. S. Department of Veterans Affairs Northern California Health Care System
BACKGROUND: (CONT'D)
On October 23, 2018, the Board of Supervisors approved Agreement #29-539-8 to receive funding to
support emergency shelter housing for homeless veterans of Contra Costa County through September 28,
2019.
Approval of Grant Agreement #29-539-9 will allow the County to receive funds to support the Central
County’s Adult Interim Housing Program Philip Dorn Respite Center in Concord through September 28,
2020.
CONSEQUENCE OF NEGATIVE ACTION:
If this Agreement is not approved, the County will not receive funding to support the homeless veterans
requiring shelter.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Kensington
Police Protection and Community Services District, including modified indemnification language, to pay
the County an amount not to exceed $300,000 to provide law enforcement services for the period October
22, 2019 through April 21, 2020.
FISCAL IMPACT:
100% funded by the Kensington Police Protection District.
BACKGROUND:
The Kensington Police Protection and Community Services District (KPPCSD) has requested assistance
from the Sheriff’s Office in providing oversight for their police department The KPPCSD has endured a
prolonged vacancy for their chief of police position and desires temporary coverage through the use of a
Sheriff’s Office Captain to serve as an Interim Chief of Police. The KPPCSD will reimburse the Sheriff’s
Office for the costs related to this temporary agreement.
CONSEQUENCE OF NEGATIVE ACTION:
The Sheriff's Office will not be authorized to execute the contract.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Sandra Brown,
925-335-1553
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc:
C. 47
To:Board of Supervisors
From:David O. Livingston, Sheriff-Coroner
Date:October 22, 2019
Contra
Costa
County
Subject:Law Enforcement Services
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to accept
funding from California Health Care Advocates in an amount not to exceed $5,500 for the Senior Medicare
Patrol Volunteer Liaison for the period September 1, 2019 through May 31, 2020.
FISCAL IMPACT:
County to receive $5,500 of Federal funding from California Health Care Advocates, with no County
match.
BACKGROUND:
California Health Care Advocates will provide funding to Employment and Human Services Heath
Insurance Counseling and Advocacy Program (HICAP) for a Senior Medicare Patrol (SMP) volunteer
liaison who will focus on outreach and education regarding prevention and reporting of Medicare Fraud.
The funding will be used to support the SMP liaison activities which may include: data collection,
monitoring and reporting customer inquiries; volunteer recruitment, training, retention and support;
community education, outreach and training; and, fraud prevention activities.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Elaine Burres 609-4960
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc:
C. 48
To:Board of Supervisors
From:Kathy Gallagher, Employment & Human Services Director
Date:October 22, 2019
Contra
Costa
County
Subject:California Health Care Advocates Funding
CONSEQUENCE OF NEGATIVE ACTION:
Without funding Senior Medicare Fraud Liaison services would not be provided in County through the
Senior Medicare Patrol Volunteer Liaison funding by Health Insurance Counseling and Advocacy Program
(HICAP) in County.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute contracts with the Defense
Criminal Investigative Service, Western Field Office, San Francisco Resident Agency and the U.S.
Department of State, Diplomatic Security Service for use of the Sheriff's Range Facility commencing upon
execution of the contract through June 30, 2020.
FISCAL IMPACT:
No net county cost - 100% Participant fees
BACKGROUND:
Local, state, and federal law enforcement officers are required to complete firearms qualifications on a
regular basis. The Office of the Sheriff has a firing range and classroom that can be used by other law
enforcement agencies for firearms qualifications when not in use by County staff. The recommended
contract provides for use of the Sheriff's Range Facilities, including firearms range and classroom, for
firearms qualification of this government agency and their employees. The contract includes mutual
indemnification language. The contract agency will pay a per day fee for access to the Sheriff's Range
Facility.
CONSEQUENCE OF NEGATIVE ACTION:
Negative action on this request would mean a loss of revenue for the County and a valuable loss of services
for outside agencies.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Sandra Brown
925-335-1553
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc:
C. 49
To:Board of Supervisors
From:David O. Livingston, Sheriff-Coroner
Date:October 22, 2019
Contra
Costa
County
Subject:Range Use Contract
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the
County Contract #74-433-11 with Michael Levin, M.D., an individual, in an amount not to exceed
$285,496, to provide outpatient psychiatric services in Central County Adult Mental Health Clinics, and
expert testimony in Lanterman Petris Short (LPS) conservatorship trials, for the period from January 1,
2020 through December 31, 2020.
FISCAL IMPACT:
This Contract is funded 100% by Mental Health Realignment. (No Rate increase)
BACKGROUND:
On December 11, 2018, the Board of Supervisors approved Contract #74-433-10, with Michael Levin,
M.D. for the provision of outpatient psychiatric services, including diagnosing, counseling, evaluating,
medical and therapeutic treatment, consulting, training to other clinical staff, and expert testimony in LPS
conservatorship trials, for the period from January 1, 2019 through December 31, 2019.
Approval of Contract #74-433-11 will allow the Contractor to continue providing outpatient psychiatric
services at the Central County Adult Mental Health Clinic including the provision of expert psychiatric
testimony in LPS conservatorship trials, through December 31, 2020.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V Supervisor
Contact: Suzanne Tavano, Ph.D.,
925-957-5212
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: E Suisala , M Wilhelm
C. 50
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:October 22, 2019
Contra
Costa
County
Subject:Contract #74-433-11 with Michael Levin, M.D.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, County’s clients will not have access to Contractor’s outpatient psychiatric,
or LPS conservatorship services.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Interim Risk Manager to execute a Contract Amendment Agreement
with Tuell and Associates, Inc. to increase the payment limit by $100,000 to a new payment limit of
$600,000 for workers' compensation and risk management staffing services during the term of November 1,
2018 through November 1, 2019.
FISCAL IMPACT:
Additional cost of $100,000 for workers' compensation claims administration services is funded through the
Workers' Compensation Internal Service Fund.
BACKGROUND:
Tuell and Associates, Inc. provides expert temporary staff specializing in claims processing and risk
management services. Due to retirements and long term leaves, additional temporary staff is needed to
process claims in a timely manner and avoid penalties for delayed payment due to staffing shortages. Tuell
and Associates, Inc. has the highly experienced staff needed to fill the vacant positions while we recruit to
hire permanent staff.
CONSEQUENCE OF NEGATIVE ACTION:
Risk Management will not be able to efficiently process the County's claims and satisfy current regulations.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Denise Rojas (925)
335-1400
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc:
C. 51
To:Board of Supervisors
From:Denise Rojas, Interim Risk Manager
Date:October 22, 2019
Contra
Costa
County
Subject:Contract Amendment for Tuell & Associates
RECOMMENDATION(S):
ALLOCATE $20,000 from the Livable Communities Trust (District II portion) to the Public Works
Department and DIRECT the Public Works Director to execute, on behalf of the County, a Memorandum
of Understanding with the City of San Ramon for the County to participate in the San Ramon Valley Street
Smarts Program for the period July 1, 2019 through June 30, 2020, as recommended by Supervisor
Andersen.
FISCAL IMPACT:
No General Fund impact. This action allocates $20,000 from the District II portion of the Livable
Communities Trust Fund (Fund). The current balance in the District II portion of the Fund is
$1,538,986.91.
BACKGROUND:
The Livable Communities Trust Fund (Fund) is a Special Revenue Mitigation Fund that was established by
the Board of Supervisors on November 15, 2005, following the approval of the Camino Tassajara
Combined General Plan Amendment Project, also known as the Alamo Creek and Intervening Property
residential projects, and was required as a condition of approval. The Fund was established to implement
the County's Smart Growth Action Plan. The residential developers pay an $8,000 per unit fee (excluding
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Kristin Sherk, (925)
674-7887
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc:
C. 52
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:October 22, 2019
Contra
Costa
County
Subject:Allocation of Funds from the Livable Communities Trust to Public Works to Participate in the San Ramon Valley
Street Smarts Program, San Ramon
BACKGROUND: (CONT'D)
affordable housing portions of the projects) into the Fund. The Department of Conservation and
Development administers the Fund.
On December 3, 2013, the Board of Supervisors determined that revenue from the Fund should be spent
equally among supervisorial districts. At complete build-out, deposits to the Fund will total $8,448,000.
As of August 7, 2019, the account has collected $8,136,000 in revenue fees and $701,225 in accrued
interest with $5,682,076 remaining in uncommitted funds. The approved expenditures to date are
attached.
The San Ramon Valley Street Smarts Program ("Street Smarts Program") is a collaborative effort among
the County Public Works Department, the City of San Ramon, the Town of Danville, the San Ramon
Valley Unified School District, and the San Ramon Valley Fire Protection District to support traffic,
bicyclist and pedestrian safety for school children. It supports goal five of the Smart Growth Action Plan
to help fund transit and other transportation improvements that foster smart growth principles.The
County has participated in this program since 2004 by funding a share of the costs to implement the
program. During Fiscal Year 2019/20, the City of San Ramon is administering the program and is
requesting that the County fund a total of $20,000 for program support ($10,000) and administrative
support services ($10,000).
The Public Works Director, or designee, will execute on behalf of the County, a Memorandum of
Understanding (MOU) with the City of San Ramon to pay the City of San Ramon $20,000 to participate
in the Street Smarts Program for the period of July 1, 2019 through June 30, 2020. The MOU is attached
in its substantially final form and will be executed in a form approved by County Counsel.
The Street Smarts Program campaign is implemented through the collaborative effort of the Street
Smarts Advisory Committee ("Advisory Committee"), which meets periodically to implement program
components. The Advisory Committee has adopted several large-scale programs to be implemented.
They include the following:
- Street Smarts Media Annual Press Release: An annual press release will be sent out at the
beginning of the program year outlining the upcoming Street Smarts Program. The release will
encourage members of the media and the public to learn about Street Smarts' traffic safety
education activities for the upcoming school year.
-Traffic Safety Assemblies: Street Smarts devised an elementary and middle school assembly
designed to teach students the basics of pedestrian and bicycle safety. On-site assemblies educate
students about the lessons of traffic safety in a fun and entertaining environment.
-Bike Rodeos/Festival: As a component of Street Smarts' Safe Routes to School Efforts, bike
rodeos are an after-school activity that allows elementary school students to practice their cycling
and traffic safety skills in a controlled, supervised environment. Bike rodeos include an interactive
bicycling course, bike maintenance station and individual helmet check to ensure a proper fit.
These activities reinforce street safety concepts.
- Community Outreach Efforts: Street Smarts staff attends over two dozen community events as
part of its outreach efforts. At the events, Street Smarts representatives staff an informational booth
with traffic safety educational program materials and activities for children and teen drivers.
The Street Smarts Program advances traffic, bicyclist, and pedestrian safety within the San Ramon
Valley. For these reasons, Supervisor Andersen recommends that the Board of Supervisors approve
continuing participation in the program during Fiscal Year 2019/20, and allocating an award of $20,000
for program support and administrative services.
CONSEQUENCE OF NEGATIVE ACTION:
Contra Costa County will no longer be a participant in the Street Smarts Program.
CHILDREN'S IMPACT STATEMENT:
The Street Smarts Program supports Outcome 5: Communities are Safe and Provide a High Quality of
Life for Children and Families.
ATTACHMENTS
LCT Project List
2019/20 Street Smarts MOU
Liveable Communities Trust Fund List of Projects
Number Board Date Project District I District II District III District IV District V
Total
Expenditures
Remaining
Balance
2013-01 10/22/2013 Northern Waterfront 50,000$ 50,000$ 50,000$ 50,000$ 50,000$ 250,000.00$ -$
2016-01 6/14/2016 Heritage Point 1,432,830$ -$ -$ -$ -$ 57,599.72$ 1,375,230.28$
2016-02 12/20/2016 Marsh Creek Trail -$ -$ 250,000$ -$ -$ 250,000.00$ -$
2016-03 12/20/2016 Agriculture Policy Study -$ -$ 150,000$ -$ -$ 150,000.00$ -$
2017-01 3/7/2017 Agra Tech Solar Light Greenhouse -$ -$ -$ 25,000$ 25,000$ 50,000.00$ -$
2017-02 3/14/2017 Rides for Veterans (Mobility Matters)-$ 33,458$ -$ 50,187$ -$ 83,645.00$ -$
2017-03 9/19/2017 Garden Park Apartments -$ -$ -$ 125,000$ -$ 125,000.00$ -$
2018-01 1/16/2018 SRV Street Smarts - 2018 -$ 20,000$ -$ -$ -$ 20,000.00$ -$
2018-02 2/27/2018 Contra Costa Housing Security Fund -$ 10,000$ -$ -$ -$ 10,000.00$ -$
2018-03 3/27/2018 Newell Avenue Pathway -$ 75,000$ -$ -$ -$ 75,000.00$ -$
2018-04 3/27/2018 Tri Valley Rising Report -$ 10,000$ -$ -$ -$ 10,000.00$ -$
2018-05 6/12/2018 RYSE Acquisition - Phase 1 25,000$ -$ -$ -$ -$ 25,000.00$ -$
2018-06 12/4/2018 SRV Street Smarts - 2019 -$ 20,000$ -$ -$ -$ 20,000.00$ -$
2018-07 12/18/2018 Choice in Aging -$ -$ -$ 40,000$ -$ 13,200.00$ 26,800.00$
2019-01 1/15/2019 Friends of the El Sobrante Library 140,000$ -$ -$ -$ -$ 140,000.00$ -$
2019-02 3/26/2019 RYSE Acquisition - Phase 2 42,500$ -$ -$ -$ 42,500.00$ -$
2019-03 3/26/2019 RYSE Center Capital Expansion Project 51,174$ -$ -$ -$ -$ -$ 51,174.00$
2019-04 6/18/2019 2040 Tri Valley Vision Plan Investment -$ 10,000$ -$ -$ -$ -$ 10,000.00$
2019-05 7/30/2019 Bay Point Resident Deputy Program -$ -$ -$ -$ 200,000$ 200,000.00$ -$
2019-06 7/30/2019 PWD - Beautification Bay Point -$ -$ -$ -$ 50,000$ 50,000.00$ -$
2019-07 7/30/2019 District V Code Enforcement -$ -$ -$ -$ 100,000$ 100,000.00$ -$
2019-08 10/8/2019 SRV Street Smarts - 2020 -$ 20,000$ -$ -$ -$ -$ 20,000.00$
1,741,504$ 248,458$ 450,000$ 290,187$ 425,000$ 1,671,944.72$ 1,463,204.28$
Livable Communities Trust Funds
Project Expenditure List
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment
with Kitchell/CEM, Inc., to extend the term from December 31, 2019 to December 31, 2020, with no
change to the payment limit of $1,400,000, to provide On-Call Project Management Consulting Services
for various facilities projects, Countywide. (100% Various Funds)
FISCAL IMPACT:
100% Various Funds
BACKGROUND:
The Public Works Department is involved in various projects in the County, which require project
management services for capital improvement projects. The consultant has been augmenting Public Works
staff on an as-needed basis or when in-house expertise is not available.
On June 16, 2015, the Board of Supervisors approved an On-Call Consulting Services Agreement with
Kitchell/CEM in the amount of $250,000.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V Supervisor
Contact: Ramesh Kanzaria
925-957-2480
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc:
C. 53
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director/Chief Engineer
Date:October 22, 2019
Contra
Costa
County
Subject:Approve and Authorize Amendment No. 3 to Consulting Services Agreement with Kitchell/CEM Inc. to provide
On-Call Project Management Services
BACKGROUND: (CONT'D)
On February 9, 2016 the Board of Supervisors approved Amendment No. 1 to increase the payment limit
from $250,000 to a new payment limit of $500,000.
On December 6, 2016, the Board of Supervisors approved Amendment No. 2 to increase the payment limit
from $500,000 to a new payment limit of $1,400,000, and to extend the termination date to December 31,
2019.
Amendment No. 3 is necessary to provide architectural services associated with the completion of ongoing
projects. The Amendment provides that the Consultant will only perform services on projects it is currently
working on.
CONSEQUENCE OF NEGATIVE ACTION:
If Amendment No. 2 is not approved, projects currently in process will be delayed, which will ultimately
result in higher project costs.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the
County Novation Interagency Agreement #74–191–15 with West Contra Costa Unified School District, a
government agency, in an amount not to exceed $631,910, to provide wraparound services to Severely
Emotionally Disturbed (SED) children, for the period from July 1, 2019 through June 30, 2020, which
includes a six-month automatic extension through December 31, 2020, in an amount not to exceed
$313,455.
FISCAL IMPACT:
This Agreement is funded by 50% Federal Medi-Cal, 49% Mental Health Realignment and 1% West Contra
Costa Unified School District. (Rate increase)
BACKGROUND:
This Agreement meets the social needs of County’s population by providing child-family team facilitators
and other wraparound services to families of SED children; facilitates multi-agency collaborative service
delivery; and minimizes the need for crisis services and involvement with the Juvenile Justice System.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V Supervisor
Contact: Suzanne Tavano, PhD.,
925-957-5212
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: F Carroll, M Wilhelm
C. 54
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:October 22, 2019
Contra
Costa
County
Subject:Novation Interagency Agreement #74–191–15 with West Contra Costa Unified School District
BACKGROUND: (CONT'D)
On December 18, 2018, the Board of Supervisors approved Novation Contract #74-191-14 with West
Contra Costa Unified School District, for the period from July 1, 2018 through June 30, 2019, which
included a six-month automatic extension through December 31, 2019, for the provision of wraparound
services to SED children. Approval of Novation Interagency Agreement #74-191-15 replaces the automatic
extension under the prior Agreement and allows the Contractor to continue providing services through June
30, 2020.
CONSEQUENCE OF NEGATIVE ACTION:
If this Agreement is not approved, there will be fewer wraparound services available to families of children
with serious emotional and behavioral disturbances in West Contra Costa County, which may result in the
need for crisis services and involvement with the juvenile justice system.
CHILDREN'S IMPACT STATEMENT:
This program supports the following Board of Supervisors’ community outcomes: “Children Ready For
and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe
and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an
increase in positive social and emotional development as measured by the Child and Adolescent Functional
Assessment Scale (CAFAS).
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the
County Contract #72-134 with Tranquility, Incorporated (dba San Miguel Villa), a corporation, in an
amount not to exceed $900,000, to provide skilled nursing facility services to Contra Costa Regional
Medical Center (CCRMC) and Contra Costa Health Center patients, for the period October 1, 2019 through
September 30, 2020.
FISCAL IMPACT:
This Contract is funded 100% by Whole Person Care Funds.
BACKGROUND:
To reduce cost incurred due to inappropriate hospitalization, this Contract will allow patients who do not
require hospital care but are unable to transition directly back into the community, to receive wrap around
case management and rehabilitation services.
Under Contract #72-134, Contractor will provide skilled nursing facility services to CCRMC and Contra
Costa Health Center patients for the period October 1, 2019 through September 30, 2020.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Dan Peddycord,
925-313-6712
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: L Walker, M Wilhelm
C. 55
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:October 22, 2019
Contra
Costa
County
Subject:Contract #72-134 with Tranquility, Incorporated (dba San Miguel Villa)
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, patients will not have access to Contractor’s services and therefore may be
re-hospitalized unnecessarily.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment
with Interactive Resources, Inc., effective October 13, 2019, to extend the term from October 19, 2019 to
December 31, 2020, with no change to the payment limit, to provide On-Call Architectural Services for
various facilities projects, Countywide.
FISCAL IMPACT:
100% Various Funds
BACKGROUND:
On October 13, 2015, the Board of Supervisors approved an on-call Consulting Services Agreement with
Interactive Resources, Inc. in an amount of $500,000. Interactive Resources, Inc. is under contract to
provide on-call architectural services for various on going projects.
On February 14, 2017, the Board of Supervisors approved an on-call Consulting Services Agreement with
Interactive Resources, Inc., to increase the payment limit by $400,000 to a new payment limit of $900,000,
and to extend the term to October 13, 2019 with a one-year extension option, for as -needed architectural
services, Countywide.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V Supervisor
Contact: Ramesh Kanzaria
925-957-2480
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc:
C. 56
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director/Chief Engineer
Date:October 22, 2019
Contra
Costa
County
Subject:APPROVE and AUTHORIZE Amendment No. 2 with Interactive Resources, Inc. for On-Call Architectural Services
BACKGROUND: (CONT'D)
The Contract limit of $900,000 has nearly been reached. Amendment No. 2 is necessary to provide
architectural services and the additional costs associated with the completion of ongoing projects and
potentially new small project(s).
Interactive Resources, Inc. is familiar with these active projects, and the design and construction of typical
building type of County facilities; therefore, it is recommended that the contract amendment be awarded.
Additional fees will be used for the existing and additional projects which include remodels, tenant
improvements, additions, modernization, mechanical, electrical, and plumbing upgrades, and code-related
improvements. Projects may also include investigations, studies, and reports. Some of the anticipated
projects include those identified in the County's facilities life-cycle improvement program ("FLIP") under
the recent budget allocation for capital projects and deferred maintenance. Having this on-call agreement in
place will allow the design phase to commence sooner and provide for a shorter project completion
schedule.
CONSEQUENCE OF NEGATIVE ACTION:
If this amendment is not approved, projects currently in process will be delayed, which will ultimately
result in higher project costs.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a
contract amendment with FCS International, Inc. (dba FirstCarbon Solutions/Michael Brandman
Associates), to increase the payment limit by $42,677 to a new payment limit of $299,119, with no change
to the original term of October 1, 2018 through September 30, 2020, to complete the environmental study of
the proposed 284-unit Del Hombre apartment complex in the Walnut Creek area.
FISCAL IMPACT:
No impact to the General Fund. The cost for preparing the EIR is paid by the project applicant.
BACKGROUND:
The Department of Conservation and Development (DCD) received an application from 3000 Del Hombre
Holdings, LLC requesting approval of a General Plan Amendment, Rezoning, Minor Subdivision, and
Development Plan for a proposed 284-unit apartment project in the Walnut Creek area to be known as the
Del Hombre Apartments. Based on the scope and scale of the project, the Department determined that an
Environmental Impact Report should be prepared in order to evaluate the potential environmental impacts
of the project. The County awarded a contract to FCS (Contract #46393), who is currently in the process of
preparing the document. Due to additional review and updates to the biological resources and transportation
sections, and updates to exhibits, including the site plan, additional work and additional funds will be
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Jennifer Cruz, (925)
674-7790
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc:
C. 57
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:October 22, 2019
Contra
Costa
County
Subject:Contract Amendment with FCS International Incorporated to Continue Work on the EIR for the Del Hombre
Apartment Project in the Walnut Creek Area
BACKGROUND: (CONT'D)
required in order to complete the EIR. The increased expenditure limit of $42,677 is needed to complete the
remaining tasks for the environmental review.
CONSEQUENCE OF NEGATIVE ACTION:
If the contract amendment is not approved, DCD will be unable to complete the environmental review for
the pending land development application.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment
with Fennie + Mehl Architects, effective October 17, 2019, to increase the payment limit by $20,000 to a
new payment limit of $300,000 and to extend the term from October 17, 2019 to October 17, 2021, to
provide architectural services for the remodel of Suite 200 for the County Administrator’s Office, Contra
Costa Television (CCTV), 10 Douglas Drive, Suite 200, Martinez.
FISCAL IMPACT:
100% Public Education and Government Cable Access Funds. (Project WH221A/B)
BACKGROUND:
On October 17, 2017, the Board of Supervisors approved a Consulting Services Agreement with Fennie +
Mehl Architects in the amount of $280,000.
Amendment No. 1 is necessary to provide architectural services and additional costs associated with the
completion of this project that is anticipated to be completed in early 2021.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V Supervisor
Contact: Ramesh Kanzaria
925-957-2480
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc:
C. 58
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director/Chief Engineer
Date:October 22, 2019
Contra
Costa
County
Subject:Approve and Authorize an Amendment No. 1 with Fennie + Mehl Architects, for Architectural Services, Martinez
area. (WH221AB)
BACKGROUND: (CONT'D)
Fennie + Mehl Architects and the specialized engineering consultants assembled for the CCTV Project
have the design and technical experience that is appropriate to the scale and scope of this Project.
CONSEQUENCE OF NEGATIVE ACTION:
If this Amendment No. 1 is not approved the project will be delayed, which will ultimately result in higher
project costs.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the County Clerk-Recorder, or designee, to execute a contract with DMT
Solutions Global Corporation (dba Bluecrest) in an amount not to exceed $461,300 for the purchase,
licensing, and maintenance of the Relia-Vote Vantage System mail election ballot sorter, to capture the
signatures on the return identification envelopes and then sort the ballots in preparation for tabulation,
effective October 3, 2019.
FISCAL IMPACT:
This purchase is fully funded by Elections Capital Replacement funds, which are collected for the specific
purpose of purchasing and/or replacing voting and election equipment. Annual licensing and maintenance
is $46,788 and is included in General Fund current and future budgets. The division conducted a cost
comparison of other machines performing the same functions and the Relia-Vote system was the most cost
effective product.
BACKGROUND:
The Relia-Vote Vantage System is necessary to provide for accurate and timely processing of vote-by-mail
ballots, as required by law and Uniform Vote Counting Procedures. This system captures the signatures on
the return identification envelopes and then sorts the ballots in preparation for tabulation.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Scott O. Konopasek,
925-335-7808
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc:
C. 59
To:Board of Supervisors
From:Joseph E. Canciamilla, Clerk-Recorder
Date:October 22, 2019
Contra
Costa
County
Subject:Purchase of Relia-Vote Mail Ballot Envelope Sorter
BACKGROUND: (CONT'D)
The current volume of mail ballots has more than quadrupled since 2006 and now exceeds the current
sorter's capability of 20,000 envelopes per hour. The new sorter is rated at 45,000 envelopes per hour and is
expected to meet the department's needs for the next five years, by which time we anticipate converting to
an all-mail ballot voting model.
During each major election, the division will receive, capture the signature and sort more than 400,000
ballot envelopes. The department does not have the staff or time resources to complete these processes
manually.
CONSEQUENCE OF NEGATIVE ACTION:
Failure to increase mail ballot envelope scanning and sorting capability will delay the processing of mail
ballots and delay election results as the number of mail ballots continues to rise. Continuing to use the
existing obsolete piece of equipment could leave the election process open to system failure.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of County
Contract #26-875-29 with Paul H. Kwok, M.D., an individual, in an amount not to exceed $1,347,000, to
provide anesthesia services for patients at Contra Costa Regional Medical Center (CCRMC) and Health
Centers patients, for the period October 1, 2019 through September 30, 2022.
FISCAL IMPACT:
This Contract is funded 100% by Hospital Enterprise Fund I. (No rate increase)
BACKGROUND:
On September 13, 2016, the Board of Supervisors approved Contract #26-875-27 (as amended by Contract
Amendment Agreement #26-875-28) with Paul H. Kwok, M.D., for the provision of anesthesia services,
including, but not limited to clinical coverage, consultation, training, on-call and surgical procedures, for
patients at CCRMC for the period from October 1, 2016 through September 30, 2019.
Approval of Contract #26-875-29 will allow Contractor to continue providing anesthesia services at
CCRMC, through September 30, 2022.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V Supervisor
Contact: Samir Shah, M.D.,
925-370-5525
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: A Floyd , M Wilhelm
C. 60
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:October 22, 2019
Contra
Costa
County
Subject:Contract #26-875-29 with Paul H. Kwok, M.D.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, patients requiring anesthesia services at CCRMC will not have access to
Contractor’s services.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the
County Contract #26-968-17 with Thomas N. Paige, M.D., an individual, in an amount not to exceed
$390,000, to provide dermatology services at Contra Costa Regional Medical Center (CCRMC) and Health
Centers, for the period from October 1, 2019 through September 30, 2022.
FISCAL IMPACT:
This Contract is funded 100% by Hospital Enterprise Fund I. (No rate increase)
BACKGROUND:
On September 13, 2016, the Board of Supervisors approved Contract #26-968-16 with Thomas N. Paige,
M.D, to provide dermatology services at CCRMC and Contra Costa Health Centers, for the period from
October 1, 2016 through September 30, 2019.
Approval of Contract #26-968-17 will allow Contractor to continue to provide dermatology services at
CCRMC and Contra Costa Health Centers through September 30, 2022.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, patients requiring dermatology services will not have access to Contractor’s
services.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V Supervisor
Contact: Samir Shah, M.D.,
925-370-5525
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: A Floyd , M Wilhelm
C. 61
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:October 22, 2019
Contra
Costa
County
Subject:Contract #26-968-17 with Thomas N. Paige, M.D.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the
County Contract #24-704-7 with Kimberly Loda, M.D., an individual, in an amount not to exceed $262,080,
to provide outpatient psychiatric care services to adults in West County, for the period from October 1,
2019 through September 30, 2020.
FISCAL IMPACT:
This Contract is funded 100% by Mental Health Realignment Funds. (No rate increase)
BACKGROUND:
On October 9, 2018, the Board of Supervisors approved Contract #24-704-6 with Kimberly Loda, M.D., for
the provision of outpatient psychiatric care services including diagnosing, counseling, evaluation, and
providing medical and therapeutic treatment to adults in West County for the period from October 1, 2018
through September 30, 2019.
Approval of Contract #24-704-7 will allow the Contractor to continue to provide outpatient psychiatric care
services to adults in West County, through September 30, 2020.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V Supervisor
Contact: Suzanne Tavano, Ph.D,
925-957-5212
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: E SUISALA , M. WILHELM
C. 62
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:October 22, 2019
Contra
Costa
County
Subject:Contract #24-704-7 with Kimberly Loda, M.D.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, County’s clients will not have access to Contractor’s psychiatric care
services.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the
County Contract #74-419-12 with William Berlingieri, M.D., an individual, in an amount not to exceed
$391,680, to provide outpatient psychiatric services in West County Costa County, for the period from
January 1, 2020 through December 31, 2020.
FISCAL IMPACT:
This Contract is funded 100% by Mental Health Services Act. (No Rate increase)
BACKGROUND:
On January 15, 2019, the Board of Supervisors approved Contract #74-419-11 with William Berlingieri,
M.D., for the provision of outpatient psychiatric services, including diagnosing, counseling, evaluating,
medical and therapeutic treatment, consulting, training to other clinical staff, and expert testimony in LPS
conservatorship trials, for the period from January 1, 2019 through December 31, 2019.
Approval of Contract #74-419-12 will allow the Contractor to continue providing outpatient psychiatric
services in West County Costa County, through December 31, 2020.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, County’s clients will not have access to Contractor’s outpatient psychiatric
services.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V Supervisor
Contact: Suzanne Tavano, Ph.D.,
925-957-5212
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: A Floyd , M Wilhelm
C. 63
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:October 22, 2019
Contra
Costa
County
Subject:Contract #74-419-12 with William Berlingieri, M.D.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the
County Contract #24-086-145(17), containing mutual indemnification, with Crestwood Behavioral Health,
Inc., a corporation, in an amount not to exceed $95,000 to provide emergency residential care placement
services to mentally ill adults for the period January 1, 2020 through December 31, 2020.
FISCAL IMPACT:
This Contract is funded 100% Mental Health Realignment. (No rate increase)
BACKGROUND:
On December 11, 2018, the Board of Supervisors approved Contract #24-086-145(15), as amended by
Contract Amendment Agreement #24-086-145(16), with Crestwood Behavioral Health, Inc., to provide
emergency residential care placement services for the period from January 1, 2019 through December 31,
2019.
Approval of Contract #24-086-145(17) will allow the Contractor to continue to provide emergency
residential care placement services through December 31, 2020. This contract includes mutual
indemnification.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V Supervisor
Contact: Suzanne Tavano, Ph.D.,
925-957-5201
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: A Floyd , M Wilhelm
C. 64
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:October 22, 2019
Contra
Costa
County
Subject:Contract #24-086-145(17) with Crestwood Behavioral Health, Inc.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, there will be fewer emergency residential facilities to provide services to
Supplemental Security Income eligible clients in the Continuing Care Program.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the
County Novation Contract #74–375–10 with Rainbow Community Center of Contra Costa County, a
non-profit corporation, in an amount not to exceed $782,141, to provide Mental Health Services Act
(MHSA) Prevention and Early Intervention (PEI) services to members of the Lesbian, Gay, Bisexual,
Transgender and Questioning (LGBTQ) community, for the period from July 1, 2019 through June 30,
2020. This Contract includes a six-month automatic extension through December 31, 2020, in an amount
not to exceed $391,070.
FISCAL IMPACT:
This Contract is funded 100% Mental Health Services Act. (Rate increase)
BACKGROUND:
This Contract meets the social needs of County’s population by providing a community-based social
support program designed to decrease isolation, depression and suicidal ideation among members of the
LGBTQ community residing in Contra Costa County.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V Supervisor
Contact: Suzanne Tavano, Ph.D.,
925-957-5212
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: L Walker, M Wilhelm
C. 65
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:October 22, 2019
Contra
Costa
County
Subject:Novation Contract #74-375-10 with Rainbow Community Center of Contra Costa County
BACKGROUND: (CONT'D)
On October 23, 2018, the Board of Supervisors approved Novation Contract #74–375-9 with Rainbow
Community Center of Contra Costa County, for the period from July 1, 2018 through June 30, 2019, which
included a six-month automatic extension through December 31, 2019, for the provision of MHSA PEI
services.
Approval of Novation Contract #74–375–10 replaces the automatic extension under the prior Contract, and
allows Contractor to continue providing services through June 30, 2020.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, Contractor will not provide outreach and community engagement events,
support groups, in-services, and counseling to the LGBTQ community and their families.
CHILDREN'S IMPACT STATEMENT:
This program supports the following Board of Supervisors’ community outcomes: “Children Ready For
and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe
and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an
increase in positive social and emotional development as measured by the Child and Adolescent Functional
Assessment Scale (CAFAS).
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of County
Contract #26-752-5 with Denis Mahar, M.D., an individual, in an amount not to exceed $1,912,000, to
provide cardiology services at Contra Costa Regional Medical Center (CCRMC) and Health Centers, for
the period October 1, 2019 through September 30, 2022.
FISCAL IMPACT:
This Contract is funded 100% by Hospital Enterprise Fund I. (No rate increase)
BACKGROUND:
On October 18, 2016, the Board of Supervisors approved Contract #26-752-3 (as amended by Amendment
Agreement #26-752-4) with Denis Mahar, M.D, to provide cardiology services at CCRMC for the period
from October 1, 2016 through September 30, 2019.
Approval of Contract #26-752-5 will allow the Contractor to continue providing cardiology services
through September 30, 2022.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, County’s patients will not have access to Contractor services.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V Supervisor
Contact: Samir Shah, M.D.,
925-370-5525
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: A Floyd , M Wilhelm
C. 66
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:October 22, 2019
Contra
Costa
County
Subject:Contract #26-752-5 with Denis Mahar, M.D.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment
with the Contra Costa County Resource Conservation District, to increase the payment limit by $200,000 to
a new payment limit of $350,000 and to extend the term from September 19, 2019 to September 20, 2020,
to provide watershed coordination and outreach services, Countywide.
FISCAL IMPACT:
This project is funded 100% Stormwater Utility Assessment Funds.
BACKGROUND:
Agency will provide on-call technical and support services related to education, outreach, and other
activities required by the current and reissued NPDES (National Pollutant Discharge Elimination System)
stormwater permit issued by the San Francisco Bay Region of the California Regional Water Quality
Control Board.
CONSEQUENCE OF NEGATIVE ACTION:
Without the approval of this contract by the Board of Supervisors, Contra Costa County will be out of
compliance with its stormwater permit from the Regional Water Quality Control Board.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Melinda Harris, (925)
313-2037
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: Tim Jensen, Flood Control, Michele Mancuso, County Watershed Program, Beth Balita, Finance, Melinda Harris, County Watershed Program, Catherine Windham, Flood
Control
C. 67
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director/Chief Engineer
Date:October 22, 2019
Contra
Costa
County
Subject:Contract Amendment with the Contra Costa County Resource Conservation District, Countywide. Project No.
7517-WO7078
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with
Debri-Tech, Inc. (dba Rapid Recycle), in an amount not to exceed $1,975,100, to provide on-call assistance
with trash and abandoned waste cleanup and removal for the Contra Costa County Watershed Program
(CWP), for the period October 15, 2019 through September 30, 2022, Countywide.
FISCAL IMPACT:
This project is funded 100% Stormwater Utility Assessment Funds.
BACKGROUND:
The CWP requires as-needed assistance with trash and abandoned waste cleanup and related removal
activities in order to remain in compliance with Contra Costa County’s stormwater NPDES (National
Pollutant Discharge Elimination System) permit from the California Regional Water Quality Control Board.
CONSEQUENCE OF NEGATIVE ACTION:
Without the approval of this contract by the Board of Supervisors, Contra Costa County will be out of
compliance with its stormwater permits from the Regional Water Quality Control Board.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Melinda Harris, (925)
313-2037
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: Tim Jensen, Flood Control, Michele Mancuso, County Watershed Program, Melinda Harris, County Watershed Program, Catherine Windham, Flood Control
C. 68
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director/Chief Engineer
Date:October 22, 2019
Contra
Costa
County
Subject:Trash and Abandoned Waste Cleanup and Services Contract with Debri-Tech (dba Rapid Recycle). Project No.
7517-WO7078
RECOMMENDATION(S):
APPROVE a Substantial Amendment to the County's FY 2019/20 Community Development Block Grant
(CDBG) Action Plan to award a total of $2,771,523 in CDBG funds two affordable multifamily residential
rental projects, as recommended by the Affordable Housing Finance Committee:
1) Acquisition and rehabilitation of Coggins Square Apartments, an 87-unit development in the
unincorporated area of the County adjacent to the Contra Costa Centre BART Station in the amount of
$2,370,000; and
2) Replacement and modernization of elevators in Nevin Plaza, a 142-unit Richmond Housing Authority
property serving the elderly and disabled in the amount of $401,523.
FISCAL IMPACT:
There is no fiscal impact to the County General Fund. Community Development Block Grant (CDBG)
funds are federal funds provided to the County on a formula allocation basis through the U.S. Department
of Housing and Urban Development.
Catalog of Federal Domestic Assistance #14.218
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Kristen Lackey (925)
674-7888
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc:
C. 69
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:October 22, 2019
Contra
Costa
County
Subject:Substantial Amendment to the FY 2019/20 Community Development Block Grant - Housing
BACKGROUND:
Annually, the County receives an allocation of Community Development Block Grant (CDBG) funds from
the United States Department of Housing and Urban Development (HUD). A condition of administering a
CDBG program is ensuring the timely use of funds. In May of each year, HUD compares our line of credit
(unexpended CDBG plus any program income received) to 1.5 times our annual allocation. If our line of
credit is above the 1.5 test, then HUD can reduce our following year’s allocation.
Due to a lack of timely viable applications for FY 2019/20 and receipt of over $2 million in program
income during FY 2018/19, the County has $2,771,523 in CDBG funds to be allocated. These funds need to
be expended over $4 million by May 2020 in order to meet the 1.5 test.
On June 21, 2019, a Special Request for Proposals was publicly issued with applications due by July 22,
2019. Three housing applications were received. One of the applications will be considered with the FY
2020/21 CDBG allocations, and the other two applications were presented to the Affordable Housing
Finance Committee at its October 4, 2019 meeting. Below is a summary of the projects and the committee’s
recommended allocations:
Coggins Square Apartments Acquisition and Rehabilitation Project
Coggins Square Apartments is an 87-unit multifamily residential rental development built 18 years ago by a
limited partnership comprised of BRIDGE Housing and a tax credit investor. With the assistance of CDBG,
HOME, Redevelopment Agency funds, and private activity bonds, the transit oriented project included
100% affordable units with deep affordability levels and large 3-bedroom units suitable for families. The
building is in need of substantial rehabilitation such as water damage remediation, a new roof, repainting
and upgrading the units and interior community spaces. An application for multifamily housing revenue
bond authority will be submitted to the State on October 11, 2019, for an allocation on December 11, 2019.
The County will serve as the conduit bond issuer, for which the Board of Supervisors has already approved
two resolutions. The project financing is expected to close in March, 2020. The project meets County and
HUD eligibility requirements.
Recommended CDBG allocation: $2,370,000
Nevin Plaza Elevator Replacement and Modernization
Nevin Plaza is a 142-unit, 7-story multifamily residential rental development built by the Richmond
Housing Authority (RHA) in 1986. All of the units in the building are affordable with a specific reservation
for elderly or disabled heads of household. One of the elevators has been nonfunctional for several months
while the remaining elevator is outdated and unreliable. The total cost of the project would drain the RHA’s
capital budget and leave them unable to bring vacant units up to a rentable standard, thus continuing their
inability to cover operating costs. The RHA issued an RFP for a developer to undertake a major refinance,
rehabilitation and construction of a new adjacent building, but that development will not occur for another
year or two. This project is an urgent need and meets County and HUD eligibility requirements.
Recommended CDBG allocation: $401,523
CONSEQUENCE OF NEGATIVE ACTION:
Not approving the allocation of CDBG funds would prevent the projects from proceeding and risk a
reduction in future CDBG allocations.
CHILDREN'S IMPACT STATEMENT:
The recommendation supports one or more of the following children's outcomes:
(1) Children Ready for and Succeeding in School;
(2) Children and Youth Healthy and Preparing for Productive Adulthood;
(3) Families that are Economically Self Sufficient;
(4) Families that are Safe, Stable and Nurturing; and
(5) Communities that are Safe and Provide a High Quality of Life for Children and Families.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Health Service Director, or designee, to execute on behalf of the County
Contract #26-378-11 with Concord Yellow Cab, Inc., a corporation, in an amount not to exceed $240,000, to
provide non-emergency taxicab transportation services for Contra Costa Regional Medical Center
(CCRMC) and Contra Costa Health Center patients, for the period July 1, 2019 through June 30, 2020.
FISCAL IMPACT:
This Contract funded 100% by Hospital Enterprise Fund I. (No rate increase)
BACKGROUND:
On July 24, 2018, the Board of Supervisors approved Contract #26-378-10 with Concord Yellow Cab, Inc.,
to provide taxicab transportation of patients unable to transport themselves to medical appointment due to
medical conditions, including physical disabilities which make it unsafe for patients to travel on public
transportation, patients who have a verifiable seizure disorder, or patients who have received medication
which has or could, impair the mobility for the period July 1, 2018 through June 30, 2019.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V Supervisor
Contact: Jaspreet Benepal,
925-370-5101
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: A Floyd , M Wilhelm
C. 70
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:October 22, 2019
Contra
Costa
County
Subject:Contract #26-378-11 with Concord Yellow Cab, Inc.
BACKGROUND: (CONT'D)
Approval of Contract #26-378-11 will allow the Contractor to provide taxicab transportation services to
patients to and from CCRMC and Health Centers through June 30, 2020.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, patients requiring non-emergency taxicab transportation services will not
receive services from the Contractor.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director,
a Purchase Order with Sysco San Francisco, Inc., in an amount not to exceed $500,000 for the purchase of
food, paper products, and kitchen supplies, such as food storage units, serving utensils, serving pans,
anti-fatigue mats, and other food service production items for the Contra Costa Regional Medical Center
(CCRMC), for the period from November 1, 2019 through October 31, 2020.
FISCAL IMPACT:
100% funding is included in the Hospital Enterprise Fund I budget.
BACKGROUND:
Food and paper products are essential to providing nutritious meals to CCRMC patients, staff, and visitors.
Sysco San Francisco, Inc. has one of the largest selections of products to be able to meet the demands of the
CCRMC with the necessary options.
CONSEQUENCE OF NEGATIVE ACTION:
If this Purchase Order is not approved, then the CCRMC will have to obtain the necessary products from
different vendors, creating inefficiencies in ordering, inventory, and quality.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V Supervisor
Contact: Jaspreet Benepal,
925-370-5501
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: Margaret Harris, Marcy Wilhelm
C. 71
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:October 22, 2019
Contra
Costa
County
Subject:Purchase Order with Sysco San Francisco, Inc.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director,
a Purchase Order with Boston Scientific Corporation, in an amount not to exceed $800,000 for the purchase
of specialty medical supplies and equipment for the Contra Costa Regional Medical Center (CCRMC), for
the period from January 1, 2020 through December 31, 2021.
FISCAL IMPACT:
100% funding is included in the Hospital Enterprise Fund I budget.
BACKGROUND:
Boston Scientific Corporation manufactures and distributes specialty medical and surgical supplies such as
angiographic and guiding catheters, diagnostic and interventional wires, peripheral balloons, and stents,
which are used to treat various urological, pelvic, and gastrointestinal disorders.
CONSEQUENCE OF NEGATIVE ACTION:
If this Purchase Order is not approved, CCRMC will be unable to treat patients with these certain
conditions.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Jaspreet Benepal,
925-370-5101
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: Margaret Harris, Marcy Wilhelm
C. 72
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:October 22, 2019
Contra
Costa
County
Subject:Purchase Order with Boston Scientific Corporation
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute Contract #23-513-4
with Optum360 Solutions, LLC (formerly known as Optum360, LLC and OptumInsight, Inc.), and a Master
Services License Agreement (MSLA) and Product Schedule, in an amount not to exceed $139,021 for
licensed software and support for the period January 31, 2020 through January 30, 2025.
FISCAL IMPACT:
100% funding is included in the Hospital Enterprise Fund I Budget.
BACKGROUND:
The Board of Supervisors previously authorized Health Services (on July 9, 2019 (C.120), to enter into an
agreement for a five-year term with Optum360 Solutions, LLC for software licenses, but since that time the
term in the contract has changed from January 31, 2019 through January 30, 2024, to the new term of
January 31, 2020 through January 30, 2025, and the payment limit has increased by $10,498 to $139,021.
Health Services Department Information Systems requires licenses for Correct Coding Initiatives (CCI) and
Local Code Directives (LCD) for the hospital and billing offices which interfaces with the EPIC platform.
Optum360 Solutions, LLC has been a long-term vendor for CCRMC, and provides the software licenses
and support for CCI and LCD compliance. These products are vital to assuring
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Patrick Wilson,
925-335-8700
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: Marcy Wilhelm
C. 73
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:October 22, 2019
Contra
Costa
County
Subject:Contract #23-513-4 with Optum360 Solutions, LLC
BACKGROUND: (CONT'D)
appropriate and compliant coding of hospital claims is submitted to The Centers for Medicare and Medicaid
Services (CMS).
Approval will allow the contractor to provide services through January 30, 2025. The MSLA requires the
County to indemnify Optum360 Solutions, LLC for third party claims arising out of the County’s direction
for Contractor to deliver customer data, County’s use of the software after the service term, County’s
breach of the Agreement, and to indemnify the American Dental Association (ADA) for claims and
damages arising from the County’s use of the ADA’s codes or any documentation from the ADA.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, the Department will not be able to maintain licensing of billing technologies
required to be compliant with CMS, and the Epic medical records platform standards.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Chief Information Officer, or designee, to execute a contract
amendment/extension agreement with Sirius Computer Solutions, Inc., to extend the term from October 31,
2019 to October 31, 2021, and to increase the payment limit by $100,000 to a new payment limit of
$700,000 for continued IBM System Z Mainframe Operating System services.
FISCAL IMPACT:
The cost for this contract has been included in the Department of Information Technology’s approved FY
19-20 budget and will be included in the FY 20-21 budget. All costs are offset by user fees.
BACKGROUND:
The Department of Information Technology uses the IBM System Z mainframe operating system on its
mainframe servers. On November 3, 2013, the Board authorized the Chief Information Officer to enter into
a professional services contract with Sirius Computer Solutions, Inc. to provide (on an as-needed basis)
IBM System Z mainframe operating system support including, without limitation, general trouble-shooting
assistance, application support and system software administration;
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Scott Sullivan, (925)
313-1288
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: Scott Sullivan, Nancy Zandonella
C. 74
To:Board of Supervisors
From:Marc Shorr, Chief Information Officer
Date:October 22, 2019
Contra
Costa
County
Subject:APPROVE and AUTHORIZE the Chief Information Officer, or designee, to execute a contract amendment/extension
agreement with Sirius Computer Solutions
BACKGROUND: (CONT'D)
with subsequent annual amendments to extend the term through October 31, 2019. During the term of the
proposed contract extension, Sirius Computer Solutions, Inc. will continue to work with County employees,
under the direction of the Chief Information Officer, or designee. This contract includes provisions
requiring the contractor to indemnify the County for any clams for infringement of a third party’s
intellectual property rights to the extent the infringement claims are based on Contractor’s performance of
support services under the contract.
CONSEQUENCE OF NEGATIVE ACTION:
Mainframe production job processing can impact the Finance System, Land Information Systems,
(Assessor, Treasurer-Tax Collector and the Auditor-Controller), Property Tax Systems (Secured,
Unsecured, Redemption and Delinquent), Court (Criminal and Traffic), Probation (Adult and Juvenile),
District Attorney Juvenile Division, Public Defender’s Office and the Justice Automated Warrant System.
The County’s business productivity and finance systems could be negatively impacted if the Mainframe
malfunctioned and we were unable to correct the issues. The implications could be severe.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director,
a Purchase Order with Depuy Synthes Sales, Inc., in an amount not to exceed $1,750,000 for the purchase of
instruments and supplies for the Contra Costa Regional Medical Center (CCRMC), for the period from
April 1, 2020 through March 31, 2024.
FISCAL IMPACT:
100% funding is included in the Hospital Enterprise Fund I budget.
BACKGROUND:
Depuy Synthes Sales, Inc. provides instruments, implants, devices and supplies for the Orthopedic Surgery
Unit to perform special procedures and operations at CCRMC. Depuy Synthes Sales, Inc., has been a
reliable source of supplies for the Operating Room (OR). The OR requires a fast and steady replenishment
of implants that Depuy Synthes Sales, Inc., can provide.
CONSEQUENCE OF NEGATIVE ACTION:
Failure to approve this Purchase Order will result in increased expense to the Department. CCRMC is able
to take advantage of Depuy’s status as a Vizient vendor, which enables the Department to obtain
competitive pricing through the Vizient Group Purchasing contract.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V Supervisor
Contact: Jaspreet Benepal,
925-370-5101
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: Marcy Wilhelm, Renee Nunez
C. 75
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:October 22, 2019
Contra
Costa
County
Subject:Purchase Order with Depuy Synthes Sales, Inc.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of County
Contract #76-561-7 with The Sun Healthcare and Surgery Group, Inc., a corporation, in an amount not to
exceed $538,000, to provide podiatry services for Contra Costa Regional Medical Center (CCRMC) and
Health Centers patients, for the period October 1, 2019 through September 30, 2021.
FISCAL IMPACT:
This Contract is funded 100% by Hospital Enterprise Fund I. (No Rate Increase)
BACKGROUND:
On September 11, 2018, the Board of Supervisors approved Contract #76-561-4 (as amended by Contract
Amendment Agreements #76-561-5 and #76-561-6) with Xingbo P. Sun (dba The Sun Healthcare and
Surgery Group, Inc.), to provide podiatry services at CCRMC and Health Centers for the period October 1,
2018 through September 30, 2019.
Approval of Contract #76-561-7 will allow Contractor to continue to provide podiatry services at CCRMC
and Health Centers through September 30, 2021.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V Supervisor
Contact: Samir Shah, M.D.,
925-370-5525
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: A Floyd , M Wilhelm
C. 76
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:October 22, 2019
Contra
Costa
County
Subject:Contract #76-561-7 with The Sun Healthcare and Surgery Group, Inc.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, patients requiring podiatry services at CCRMC and Contra Costa Health
Centers will not have access to Contractor’s services.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the
County Novation Contract #24–213–56 with Desarrollo Familiar, Inc. (dba Familias Unidas), a non-profit
corporation, in an amount not to exceed $291,635, to provide referral, consultation and education, and
outpatient mental health services in West Contra Costa County for the period from July 1, 2019 through
June 30, 2020. This Contract includes a six-month automatic extension through December 31, 2020, in an
amount not to exceed $145,817.
FISCAL IMPACT:
This Contract is funded by 5% Federal Medi-Cal, 39% Substance Abuse/Mental Health Services
Administration (SAMHSA) Grant and 56% Mental Health Realignment. (Rate increase)
BACKGROUND:
This Contract meets the social needs of County’s population by providing information and referrals,
consultation and education, and outpatient mental health services for Spanish-speaking, mentally ill clients
in West Contra Costa County at Familias Unidas Counseling Center.
On December 18, 2019, the Board of Supervisors approved Novation Contract #24–213–55 with Desarrollo
Familiar, Inc. (dba Familias Unidas), for the provision of referral, consultation and education, and
outpatient mental health services in West Contra Costa County, for the period from July 1, 2018 through
June 30, 2019, which included a six-month automatic extension through December 31, 2019.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V Supervisor
Contact: Suzanne Tavano, PhD.,
925-957-5212
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: L Walker, M Wilhelm
C. 77
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:October 22, 2019
Contra
Costa
County
Subject:Novation Contract #24-213-56 with Desarollo Familiar, Inc. (dba Familias Unidas)
BACKGROUND: (CONT'D)
Approval of Novation Contract #24–213–56 replaces the automatic extension under the prior Contract and
allows the Contractor to continue providing services through June 30, 2020.
CONSEQUENCE OF NEGATIVE ACTION:
If this novation contract is not approved, a significant number of County’s mentally ill, Spanish-speaking
adult clients in West Contra Costa County will experience reduced access to the information, referrals,
consultation, education, and outpatient mental health services that they need.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Director of Human Resources or designee, to execute contract
amendments with AppleOne Employment Services and Nelson Family of Companies to extend the terms
from June 30, 2017 through May 31, 2020 for temporary staffing services, Countywide.
FISCAL IMPACT:
The fiscal impact of these contracts are borne by the operating departments that utilize the services.
BACKGROUND:
The County contracts with AppleOne Employment Services and Nelson Family of Companies to provide
temporary employees to perform clerical work for County departments on an as-needed basis. The
extension of these contracts will ensure County departments continue to have access to temporary
employees. The retroactive effective dates of the contract extension agreements are necessary to authorize
the payment of past invoices.
CONSEQUENCE OF NEGATIVE ACTION:
If these extension agreements are not approved, the loss of these services will have a significant and
negative impact on operating departments that currently require contracted temporary help services.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: 925-335-1751
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: Robert Campbell, Auditor-Controller
C. 78
To:Board of Supervisors
From:Dianne Dinsmore, Human Resources Director
Date:October 22, 2019
Contra
Costa
County
Subject:Contracted Temporary Help
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director,
a Purchase Order with Covidien Holding, Inc., in an amount not to exceed $2,250,000 for the purchase of
instruments, sutures, and supplies for the Operating Room at the Contra Costa Regional Medical Center
(CCRMC), for the period from February 1, 2020 through January 31, 2024.
FISCAL IMPACT:
The purchase order is 100% funded by the Hospital Enterprise Fund I.
BACKGROUND:
Covidien Holding, Inc. provides instruments, sutures, and supplies for the Surgical Unit to perform
procedures and operations at the CCRMC. Covidien Holding, Inc. has been a reliable source of supplies for
the Operating Room, providing a fast and steady replenishment of supplies.
CONSEQUENCE OF NEGATIVE ACTION:
Failure to approve this Purchase Order will result in increased expense to the Health Services Department.
CCRMC is able to take advantage of Covidien’s status as a Vizient vendor, which enables the Department
to obtain competitive pricing through the Vizient Group Purchasing contract.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Jaspreet Benepal,
925-370-5501
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: Marcy Wilhelm, Margaret Harris
C. 79
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:October 22, 2019
Contra
Costa
County
Subject:Purchase Order with Covidien Holding, Inc.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the
County Amendment Agreement #27-456-16 with La Clinica De La Raza, Inc., a non-profit corporation,
effective July 1, 2019, to amend Contract #27-456-15, to modify the physician recruitment incentive, with
no change in the payment limit of $3,000,000 and no change in the original term of July 1, 2019 through
June 30, 2020.
FISCAL IMPACT:
This amendment agreement is funded 100% by CCHP Enterprise Fund II. (No Rate Increase)
BACKGROUND:
On June 18, 2019, the Board of Supervisors approved Contract #27-456-15 with La Clinica De La Raza,
Inc., for the provision of primary care and optometry services to CCHP members, for the period from July
1, 2019 through June 30, 2020.
Approval of Amendment Agreement #27-456-16 will modify the physician recruitment incentive and allow
the Contractor to continue to provide primary care and optometry services for CCHP members through June
30, 2020.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V Supervisor
Contact: Sharron Mackey,
925-313-6104
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: L Walker, M Wilhelm
C. 80
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:October 22, 2019
Contra
Costa
County
Subject:Amendment Agreement #27-456-16 with La Clinica De La Raza, Inc.
CONSEQUENCE OF NEGATIVE ACTION:
If this amendment agreement is not approved, certain specialty health care services for CCHP members
under the terms of their Individual and Group Health Plan membership contracts with the County will
not be provided.
ATTACHMENTS
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the
County Contract Amendment Agreement #24-681-96(2) with JVTCM Care, LLC, a limited liability
company, effective October 1, 2019, to amend Contract #24-681-96(1) to increase the payment limit by
$60,000, from $145,401 to a new payment limit of $205,401, with no change in the original term of August
1, 2019 through July 31, 2020.
FISCAL IMPACT:
This amendment is funded by 100% by Mental Health Realignment funds. (No rate increase)
BACKGROUND:
In August 2019, the County Administrator approved and the Purchasing Services Manager executed
Contract #24-681-96(1) with JVTCM Care, LLC, to provide augmented residential board and care services
including room, board, care and supervision, for the period from August 1, 2019 through July 31, 2020.
Approval of Contract Amendment Agreement #24-681-96(2) will allow the Contractor to provide
additional augmented board and care services through July 31, 2020.
CONSEQUENCE OF NEGATIVE ACTION:
If this amendment is not approved, County residents will not receive services provided by this contractor.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V Supervisor
Contact: Suzanne Tavano, Ph.D.,
925-957-5212
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: A Floyd, M Wilhelm
C. 81
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:October 22, 2019
Contra
Costa
County
Subject:Amendment #24-681-96(2) with JVTCM Care, LLC
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the
County Contract Amendment Agreement #74-601-1 with Center Point, Inc., a non-profit corporation,
effective October 1, 2019, to amend Contract #74-601 to increase the payment limit by $275,256, from
$932,977 to a new payment limit of $1,208,233, to provide drug abuse prevention and treatment services for
Contra Costa County adults with co-occurring substance abuse and mental disorders, with no change in the
original term of July 1, 2019 through June 30, 2020.
FISCAL IMPACT:
This Contract is funded by 80% Substance Abuse Prevention and Treatment Block Grant Perinatal and 20%
Assembly Bill 109. (Rate increase)
BACKGROUND:
On July 30, 2019, the Board of Supervisors approved Contract #74-601 with Center Point, Inc., for the
provision of drug abuse prevention and treatment services for adults with co-occurring substance abuse and
mental disorders, for the period July 1, 2019 through June 30, 2020.
Approval of Contract Amendment Agreement #74-601-1 will allow the Contractor to provide additional
Medi-Cal drug abuse treatment services, through June 30, 2020.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V Supervisor
Contact: Suzanne Tavano, Ph.D,
925-957-5212
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: E Suisala , M Wilhelm
C. 82
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:October 22, 2019
Contra
Costa
County
Subject:Amendment #74-601-1 with Center Point, Inc.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, County’s Clients will not receive substance abuse treatment from
Contractor, resulting in an overall reduction of services to a community at risk for incarceration.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract
#74-596-1 with Healthright 360, a non-profit corporation, in an amount not to exceed $835,424 to provide drug abuse
prevention and treatment services to adults, for the period from October 1, 2019 through June 30, 2020.
FISCAL IMPACT:
This Contract is funded by 49% Drug Medi-Cal and 51% Substance Abuse Prevention and Treatment Block Grant.
(Rate increase)
BACKGROUND:
This Contract meets the social needs of County’s population by providing specialized substance abuse treatment and
prevention programs to help clients to achieve and maintain sobriety and to experience the associated benefits of
self-sufficiency, family reunification, cessation of criminal activity and productive engagement in the community.
On April 16, 2019, the Board of Supervisors approved Contract #74-596 with Healthright 360, for the provision of
drug abuse prevention and treatment services, which are not available within Contra Costa County limits, for Contra
Costa County adults at Contractor’s facility in San Francisco County for the period April 1, 2019 through June 30,
2019, which included a three-month automatic extension through September 30, 2019.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V Supervisor
Contact: Suzanne Tavano, Ph.D,
925-957-5212
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: E Suisala , M Wilhelm
C. 83
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:October 22, 2019
Contra
Costa
County
Subject:Contract #74-596-1 with Healthright 360
BACKGROUND: (CONT'D)
Approval of Contract #74-596-1 will allow Contractor to continue providing services through June 30,
2020.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, County’s Clients will not receive substance abuse treatment from Contractor,
resulting in an overall reduction of services to a community at risk for incarceration.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the
County Novation Interagency Agreement #74–373–10 with Martinez Unified School District, a political
subdivision of the State of California, in an amount not to exceed $191,336, to provide Mental Health
Services Act (MHSA) prevention and early intervention (PEI) services to high school students in Martinez,
for the period from July 1, 2019 through June 30, 2020, which includes a six-month automatic extension
through December 31, 2020, in an amount not to exceed $95,668.
FISCAL IMPACT:
This Interagency Agreement is funded 100% by MHSA. (Rate increase)
BACKGROUND:
This Agreement meets the social needs of County’s population by providing a youth development program
known as The New Leaf Collaborative, which will include individualized learning plans, place-based
learning projects and career mentorships and internships for approximately eighty (80) high school
adolescent youths in Martinez of all cultural backgrounds.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V Supervisor
Contact: Suzanne Tavano, Ph.D,
925-957-5212
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: E Suisala , M Wilhelm
C. 84
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:October 22, 2019
Contra
Costa
County
Subject:Novation Interagency Agreement #74-373-10 with Martinez Unified School District
BACKGROUND: (CONT'D)
On July 24, 2018, the Board of Supervisors approved Novation Interagency Agreement #74–373-9 with
Martinez Unified School District for the provision of MHSA-PEI services, for the period from July 1, 2018
through June 30, 2019 which included a six-month automatic extension through December 31, 2019.
Approval of Novation Interagency Agreement #74–373–10 replaces the automatic extension under the prior
Agreement and allows Agency to continue providing services through June 30, 2020.
CONSEQUENCE OF NEGATIVE ACTION:
If this agreement is not approved, High School students in Martinez will not have access to the focused
learning and career opportunities offered by this MHSA-PEI program.
CHILDREN'S IMPACT STATEMENT:
This MHSA-PEI program supports the following Board of Supervisors’ community outcomes: “Families
that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life
for Children and Families”. Expected program outcomes include increases in social connectedness,
communication skills, parenting skills, and knowledge of the human service system in Contra Costa County.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the County Administrator, or designee, to execute contracts including
modified indemnification with Martha Anthony and Richard Frankel, each in an amount not to exceed
$50,000, to provide mental health hearing officer services, upon appointment by the Superior Court, for
detainees at County detention facilities, for the period October 1, 2019 through December 31, 2021.
FISCAL IMPACT:
The hearing officers will be compensated at a rate of $125 per hearing plus reasonable expenses. Hearing
Officer costs incurred by the County will be reimbursed by the Superior Court.
BACKGROUND:
With the increased number of individuals with serious mental disorders in detention facilities, the ability to
administer psychiatric medication within the facilities has become increasingly important. In 2017, the
Legislature amended Penal Code section 2603 to authorize the involuntary administration of psychiatric
medication to inmates under certain limited circumstances.
Under Section 2603, psychiatric medication can be administered without consent either in an emergency or
on a non-emergency basis, after the treating psychiatrists make certain findings. The findings must include:
the existence of a serious mental disorder; that the inmate is gravely disabled; and either that the inmate
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Julie DiMaggio Enea (925)
335-1077
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc:
C. 85
To:Board of Supervisors
From:David Twa, County Administrator
Date:October 22, 2019
Contra
Costa
County
Subject:CONTRACTS FOR MENTAL HEALTH HEARING OFFICERS
BACKGROUND: (CONT'D)
lacks the capacity to consent to or refuse medications or that the inmate is a danger to self or others if not
medicated. The inmate must be provided a hearing for the purpose of determining his or her capacity or
dangerousness due to a mental disorder (“capacity hearing”).
Capacity hearing requirements differ depending upon an inmate’s status as pre-trial or post-trial. A
court-appointed commissioner or referee, or a court-appointed hearing officer may conduct capacity
hearings in place of a Superior Court judge when an inmate is post-trial. A Superior Court judge is required
to conduct capacity hearings when the inmate is pre-trial. However, a court-appointed commissioner or
referee, or a court-appointed hearing officer may decide whether an inmate should be medicated up until the
time of their capacity hearing regardless of whether they have stood trial.
As designated in Welfare and Institutions Code section 5334, all commissioners, referees, and hearing
officers are appointed by the Superior Court from a list of attorneys unanimously approved by a panel
composed of the local mental health director, the county public defender, and the county counsel or district
attorney, as designated by the county board of supervisors.
The County is required to assemble a panel in order to develop a list of attorneys qualified to serve as
hearing officers for appointment by the Superior Court, which can appoint individuals from the list to rule
in the above circumstances. The County Administrator's Office recruited for hearing officer candidates in
July and August 2019 and convened the specified panel on August 28, 2019, which unanimously
recommended Ms. Anthony and Mr. Frankel to the Superior Court. The Superior Court approved the
panel's recommendations on August 29th.
Board approval of the recommended action will assist in the development of additional judicial resources to
allow for qualified, court-appointed hearing officers to conduct certain capacity hearings and decide ex
parte applications. The contracts provide County indemnification of the Hearing Officers for claims under
the Tort Claims Act (Gov. Code, § 810; specifically § 820 et seq. and § 825 et seq.).
Hearing Officers are appointed by the Superior Court and responsible for conducting mental health
facility-based hearings to determine:
(1) probable cause for further involuntary detention of mentally disordered patients in psychiatric
facilities (Probable Cause/Certification Review Hearings, Welfare & Institutions Code Section 5250
et seq), and/or
(2) capacity and cause for involuntary administration of psychiatric medication pursuant to Penal
Code Section 2603.
(3) an individual's capacity to refuse psychotropic medication (Capacity Hearings, Welfare &
Institutions Code Section 5332 et seq).
A Mental Health Hearing Officer may also be also responsible for conducting "Roger S" hearings, an
administrative procedure for admission of minors who are not dependents or wards of the juvenile court to
acute care public psychiatric facilities under contract with the County of Contra Costa.
Both the Health Services Department and the Office of the Sheriff remain committed to transferring
individuals to appropriate treatment facilities. However, as the Legislature has recently recognized, there is
a lack of community-based beds suitable and available to detainees with serious mental disorders. This
action is recommended in order to provide mental health treatment to detained individuals.
CONSEQUENCE OF NEGATIVE ACTION:
Should the Board elect to not approve the recommendation, the County will not engage the recommend
qualified, prospective hearing officers, thereby requiring all hearings under Section 2603 to be conducted
by Superior Court judges.
RECOMMENDATION(S):
APPROVE the list of providers recommended by Contra Costa Health Plan's Medical Director on
September 25, 2019, and by the Health Services Director, as required by the State Department of Health
Care Services and Managed Health Care, and the Centers for Medicare and Medicaid Services.
FISCAL IMPACT:
There is no fiscal impact for this action.
BACKGROUND:
The National Committee on Quality Assurance (NCQA) requires that evidence of Board of Supervisors
approval must be contained within each Contra Costa Health Plan (CCHP) provider’s credentials file.
Approval of this list of providers as recommended by the CCHP Medical Director will enable the CCHP to
comply with this requirement.
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not approved, CCHP’s Providers would not be appropriately credentialed and not be in
compliance with the NCQA.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Sharron Mackey,
925-313-6104
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Marcy Wilhelm, Heather Wong
C. 86
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:October 22, 2019
Contra
Costa
County
Subject:Approve New and Recredentialing Providers in Contra Costa Health Plan’s Community Network
ATTACHMENTS
Credentialing-Recredentialing List CCHP-Sep 19
Contra Costa Health Plan
Providers Approved by Medical Director
September 25 , 2019
CREDENTIALING PROVIDER S SEPTEMBER 2019
Name Specialty
Abrahamson, Lauren, NP Mid-Level OB/GYN
Aita, Jenna, M.Ed., RBT Qualified Autism Provider
An, Jennifer, MD Primary Care Pediatrics
Aulakh, Hardeep, NP Mid-Level Nephrology
Brar, Ripudaman, MD Psychiatry
Carrizosa, Lauren, NP Mental Health Services
Chentanez, Teera, MD Infectious Diseas e
Chow, David, MD Physical Medicine & Rehabilitation/
Pain Medicine
Ejaz, Eh san, PA Mid -Level Neurological
Surgery Assistan t
Garcia, Erica, BS Qualified Autism Professional
Gilliland, Morgan, NP Primary Care Internal Medicine
Kaur, Parveen, MD Primary Care Family Medicine
Kenan, Joseph, MD Psychiatry
Klein, Julie, BCBA Qualified Autism Provider
McEntire, Nicole, BCBA Qualified Autism Provider
Mukhopadhyay, Suddha, BCBA Qualified Autism Provider
Nemes, Christopher, MD Psychiatry
Nolan, Ryan, MD Surgery – General
O'Neill, Kimberly, MA, RBT Qualified Autism Provider
Patel, Nilam, BCBA Qualified Autism Provider
Saelee, Alicia, M.Ed. Qualified Autism Provider
Schleicher, Steven, BCBA Qualified Autism Provider
Skille, Leif, MD Psychiatry
Tinkelenberg, Judith, CNM Midwife
Trevino, Vicki, PA Mid-Level Surgery – General
Van g, Linda, BCBA Qualified Autism Provider
Weir, Sierra, SLP Speech Pathology
Wolfe-Roubatis, Emily, CNM Midwife
Zheng, Yi, MD Gastroenterology
Contra Costa Health Plan
Providers Approved by Medical Director
September 25, 2019
Page 2 of 3
CREDENTIALING ORGANIZATIONAL PROVIDER S
SEPTEMBER 2019
Provider Name
Provide the Following
Services
Location
Continuum Care North Bay, LLC Hospice & Palliative
Care
Petaluma
Pleas ant Hill Post Acute Skilled Nursing Facility Pleasant Hill
RECREDENTIALING PROVIDER S SEPTEMBER 2019
Name Specialty
Akera, Chika, MD Primary Care Family Medicine
Bottomley, Sarah, NP Primary Care Internal Medicine
Buenviaje, Sarah, NP Mid -Level Oncology
Chen, Xiaochuan, MD Primary Care Internal Medicine
Dosanjh, Amarjit, MD Surgery – Plastic
Eaglin, Olga, PA Primary Care Family Medicine
Fleck, Catherine, MFT, BCBA Qualified Autism Provider
Fong, Karen, MD Otolaryngology
Ford, Lloyd, MD Otolaryngology
Frankland, Michelle, NP Mid -Level Oncolog y
Fulkerson, Eric, MD Surgery – Orthopaedics
Goodman, Suzan, MD Family Planning
Henneberg, Christine, MD Family Planning
Hill, Anne B., NP Mid -Level Family Planning
Huber, Cheyenne, OD Optometry
Junnila, Ricky, DC Chiropractic Medicine
Khashayar, Ramin, MD Pulmonary Disease
King, Mariam, PsyD Neuro Psych Testing
Krier, Margaret, MFT Mental Health Services
Kronick, Jo hn, MD Orthopaedic Surgery
Kuhfal, Bonny, HAD Hearing Air Dispensing
Lottman, Karen, LCSW Mental Health Services
Nyamora, Cory, PsyD Mental Health Services
Orden, Roy, MD Allergy & Immunology
Reinganum, Sara, MD Surgery – General
Seaver, Margaret, MD Hematology/Oncology
Shalaby, Mostafa, M D Pulmonary Disease
Sharma, Rishi, MD Gastroenterology
Contra Costa Health Plan
Providers Approved by Medical Director
September 25, 2019
Page 3 of 3
RECREDENTIALING PROVIDER S SEPTEMBER 2019
Name Specialty
Skarda, Stephen, DC Chiropractic Medicine
Veza, Valerie, LCSW Mental Health Services
RECREDENTIALING ORGANIZATIONAL PROVIDER S
SEPTEMBER 2019
Provider Name
Provide the Following
Services
Location
Shields Nursing Centers, Inc.
dba: Shields Nursing Center
Skilled Nursing Facility El Cerrito
Shields Nursing Centers, Inc.
dba: Shields/Richmond Nursing
Center
Skilled Nursing Facility Richmond
Bopl-Se ptember 25, 2019
RECOMMENDATION(S):
DIRECT the Auditor/Controller to release a total of $4,961.40 from the Fish and Wildlife Propagation Fund
to the Contra Costa Resource Conservation District (CCRCD) to cover expenditures related to hosting the
6th Quadrennial Creek and Watershed Symposium, as recommended by the Fish and Wildlife Committee.
FISCAL IMPACT:
The recommendation will have no impact on the County General Fund. A portion of the fines from
violations of fish and game regulations in the County is deposited in the Fish and Wildlife Propagation
Fund, which has a current balance of approximately $330,000. State law defines how money in this fund
may be spent and the Board of Supervisors is responsible for authorizing specific expenditures. Providing
funds to cover some costs related to hosting the Symposium is consistent with the expenditure criteria
established by State law.
BACKGROUND:
The Contra Costa County Flood Control District contracts with the Contra Costa Resource Conservation
District (CCRCD) to organize the Contra Costa Watershed Forum. This year, they have contracted with
CCRCD to also coordinate the Symposium and lead the planning efforts.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Maureen Parkes,
925-674-7831
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 87
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:October 22, 2019
Contra
Costa
County
Subject:Funding for the 6th Quadrennial Countywide Creek and Watershed Symposium
BACKGROUND: (CONT'D)
Funding for the event includes contributions from the Contra Costa County Flood Control and Water
Conservation District, CCRCD, CCTV, Martinez Oral History Society and others, as well as organizations
that are willing to donate funds as a sponsor.
CCRCD submitted a request to the Fish and Wildlife Committee to allocate Fish and Wildlife Propagation
funds in the amount of $4,961.40 to cover some of the costs associated with hosting the 6th Quadrennial
Contra Costa County Creek and Watershed Symposium. The Fish and Wildlife Committee considered
CCRCD's request on July 17, 2019 and unanimously approved a recommendation to the Board of
Supervisors to fully fund the request.
The 2019 Symposium will be a celebration of the Contra Costa Watershed Forum's 20 year history. The
Symposium will be on December 5, 2019 and held at St. Mary's College in Moraga, California. Organizers
anticipate that 350 to 400 people representing a wide variety of organizations and perspectives will attend to
learn about significant issues regarding the health of creeks and watersheds in the County. The theme of the
Symposium is "Creating a Culture of Conservation". Symposium topics will include youth engagement, the
confluence of art and the environment, and celebrating the accomplishments of watershed groups in the last
20 years. Obi Kaufmann, author of The State of Water, is confirmed as the keynote speaker. The program
will include presentations from professionals working on watershed issues, a poster session, awards
ceremony, refreshments and a catered lunch. Some of the events planned include a reception to end the
festivities on December 5th, and a day of optional field trips on December 6th where attendees have the
opportunity to view some of the sites and projects discussed on the first day of the Symposium.
There a registration fee of $25 for participants. This covers the cost of lunch, refreshments throughout the
day, and an evening reception. Sponsorship contributions such as that recommended by the Fish and
Wildlife Committee cover other costs incurred in hosting the event. Specifically, these funds will contribute
to covering costs for the meeting room, redesigning the Symposium logo, printing of programs, posters,
banners, name tags, and a commemorative coffee mug as part of the welcome packet for attendees.
CHILDREN'S IMPACT STATEMENT:
Schools will be included in outreach activities for the Symposium. Youth may be included in the content of
the forum, which is still under development.
RECOMMENDATION(S):
ADOPT Resolution No. 2019/572, approving a Settlement Agreement and Side Letter, between Contra
Costa County and Teamsters Local 856, modifying the current Memorandum of Understanding (July 1,
2016 - June 30, 2022) regarding Clinical Lab Scientists pay and schedules.
FISCAL IMPACT:
Costs associated with this action will be paid from the Hospital Enterprise Fund.
BACKGROUND:
Over the last several months, the County and Teamsters, Local 856 have worked together to address the
recruitment and retention issues in the Clinical Lab Scientist II job classification and to address any
potential future salary compaction issues between the Senior Clinical Laboratory Scientist and the Clinical
Laboratory Scientist II. The Side Letter modifies Section 54.3.B. of the Memorandum of Understanding to
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Lisa Driscoll, County Finance
Director (925) 335-1023
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Robert Campbell, Auditor-Controller, Dianne Dinsmore, Human Resources Director, Anna Roth, Director of Health Services
C. 88
To:Board of Supervisors
From:David Twa, County Administrator
Date:October 22, 2019
Contra
Costa
County
Subject:Resolution No. 2019/572 Teamsters Local 856 - Settlement Agreement & Side Letter regarding Clinical Lab
Specialists
BACKGROUND: (CONT'D)
provide employees in the Clinical Lab Scientist II classification with new work schedules that are
predictable and consistent, with rotating weekends off. Employees in the Senior Clinical Laboratory
Scientist classification will work one (1) weekend every 28 days. The attached Settlement Agreement
includes a recommendation to address recruitment, retention, and future compaction for both
classifications by increasing the base rate of pay by five percent (5%).
This Side Letter will remain in effect for the term of the current Memorandum of Understanding
(“MOU”) between the County and Teamsters (July 1, 2016 – June 30, 2022). The terms of this Side
Letter will be incorporated into the successor MOU unless otherwise negotiated by the parties. All other
terms and conditions of the current MOU between the County and Teamsters remain unchanged by this
Side Letter.
CONSEQUENCE OF NEGATIVE ACTION:
Members will not receive the salary increase agreed to in the tentative agreement between Teamsters and
the County and employees will not have predictive schedules, resulting in signficant recruitment and
retention issues.
AGENDA ATTACHMENTS
Resolution 2019/572
Teamsters/County Settlement Agreement
Side Letter - Teamsters, Local 856
MINUTES ATTACHMENTS
Signed Resolution NO. 2019/572
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 10/22/2019 by the following vote:
AYE:4
John Gioia
Candace Andersen
Diane Burgis
Karen Mitchoff
NO:
ABSENT:1 Federal D. Glover
ABSTAIN:
RECUSE:
Resolution No. 2019/572
In The Matter Of: Approving the Side Letter and Settlement Agreement between Contra Costa County and Teamsters, Local
856, modifying the current Memorandum of Understanding (July 1, 2016 - June 30, 2022) regarding Clinical Lab Scientist pay
and schedules.
The Contra Costa County Board of Supervisors acting in its capacity as Governing Board of the County of Contra Costa
RESOLVES THAT:
Effective October 22, 2019, the attached Settlement Agreement between the County of Contra Costa and Teamsters, Local
856 be ADOPTED;
1.
Effective November 1, 2019, the attached Side Letter dated October 16, 2019 between the County of Contra Costa and
Teamsters, Local 856 be ADOPTED; and
2.
Effective November 1, 2019, the base rate of pay for the classifications of Clinical Lab Scientist II (VHVD), and Senior
Clinincal Lab Scientist (VHNA) will be increased by five (5) percent.
3.
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: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Robert Campbell, Auditor-Controller, Dianne Dinsmore, Human Resources Director, Anna Roth, Director of Health Services
RECOMMENDATION(S):
ADOPT Resolution No. 2019/604 authorizing the sale of specified tax-defaulted property at public auction,
pursuant to the California Revenue and Taxation Code ("R&T") §3698, as recommended by the
Treasurer-Tax Collector.
FISCAL IMPACT:
All costs will be recovered from the proceeds of the sale. Property or property interests that have been
offered for sale at least once and where no acceptable bids have been received at the minimum price, the
tax collector may offer that same property or those interests at the same or next scheduled sale at a
minimum price that may be less than the amount of defaulted taxes, delinquent and redemption penalties as
specified in R&T §3698.5(a)(1). Should the final selling price at public auction be less than the amount as
specified in R&T §3698.5(a)(1), proceeds shall be distributed as specified in R&T §4673.1 & R&T §4674
and any remaining balance to satisfy the amounts as specified in R&T §3698.5(a)(1) may be transferred
from the Tax Loss Reserve Fund. (R&T § 4703.2(c).)
BACKGROUND:
The Tax Collector has the authority to sell tax-defaulted property that
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Brice Bins, (925)
957-2848
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc:
C. 89
To:Board of Supervisors
From:Russell Watts, Treasurer-Tax Collector
Date:October 22, 2019
Contra
Costa
County
Subject:Sale of Tax-Defaulted Property by the County Tax Collector
BACKGROUND: (CONT'D)
is subject to the power of sale (R&T §3691). Written approval of the Board of Supervisors (R&T § 3694
and 3698) is required to sell property at public auction (R&T §3692) to the highest bidder at the time
and place fixed for sale (R&T §3706). Property that has been tax-defaulted for five or more years and is
subject to the Tax Collector's power to sell may be sold. All or any portion of a property may be offered
for sale, without regard to its boundaries when it became subject to sale (R&T §3691).
The purpose of the sale is to collect unpaid taxes. Offering property for sale achieves this, either by
collecting the unpaid taxes from the proceeds of the sale or through redemption by the assessee.
Any person or entity, including cities, taxing agencies, revenue districts and the State may purchase
property at a public auction (R&T § 3691 and 3705). The only exception to eligible purchasers is the
Tax Collector, who conducts the sale, or his/her employees (California Government Code § 1090).
If a parcel is redeemed before the close of business on the last business day prior to the date of sale, the
power to sell is automatically nullified and the parcel will be withdrawn from the sale. If a parcel is
redeemed within 90 days of the scheduled sale, $150 will be collected to reimburse the County for costs
incurred in preparing to conduct the sale (R&T § 4112). Where property or property interests have been
offered for sale at least once and no acceptable bids therefor have been received at the minimum price,
the tax collector may, in his or her discretion and with the approval of the board of supervisors, offer that
same property or those interests at the same or next scheduled sale at a minimum price that the tax
collector deems appropriate in light of the most current assessed valuation of that property or those
interests, or any unique circumstance with respect to that property or those interests. (R&T § 3698.5(c))
Any parcel remaining unsold may be reoffered within a 90-day period and any new parties of interest
shall be notified in accordance with R&T §3706.
CONSEQUENCE OF NEGATIVE ACTION:
If not approved, the Annual Tax Collector’s Public Auction will not proceed and property taxes will not
be collected.
AGENDA ATTACHMENTS
Resolution 2019/604
2020 Public Auction List
MINUTES ATTACHMENTS
Signed Resolution No. 2019/604
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 10/22/2019 by the following vote:
AYE:4
John Gioia
Candace Andersen
Diane Burgis
Karen Mitchoff
NO:
ABSENT:1 Federal D. Glover
ABSTAIN:
RECUSE:
Resolution No. 2019/604
Sale of Tax-Defaulted Property by the County Tax Collector
Whereas, the Board, pursuant to §3698 of the Revenue and Taxation code, having been notified by the County Tax Collector of
his intent to sell certain tax-defaulted property at public auction and having been provided with a description and minimum
purchase price for which each will be sold, and the notice of intended sale of the aforementioned properties be posted or
published in accordance with §3702 and §3703 of the California Revenue and Taxation Code.
Now, Therefore, Be It Resolved by the Board that the County Tax Collector's proposed sale of tax-defaulted properties listed in
Exhibit A attached hereto and made a part hereof, at or above the minimum price indicated is APPROVED pursuant to §3698 of
the Revenue and Taxation Code, and the notice of intended sale be posted or published in accordance with §3702 and §3703 of
the Revenue and Taxation Code.
Contact: Brice Bins, (925) 957-2848
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc:
C.89
EXHIBIT "A"
Minimum Default Number Final Total Less Less Less Less Less Less Less Less Remaining Purchaser Name
Item Assessor's Parcel Number (APN)Bid Power to Sell Sales Payment Transfer Transfer State Add'l Rec.Notice Redemption Current Excess Deed Document Number
#Assessee(s)Amount Notice Rec. #Price Received Tax (City)Tax (State)Fee Rec. Fee Fee Cost Adv.B4A Title County Contact Dlq. Cost TOTAL Amount Taxes Proceeds Date Recorded
1 WITHDRAWN
2 117-420-058-2 17,100 2013-00641
KA YUET YUNG CHOR,TRE 2019-0128894
3 110-221-022-4 40,500 2013-00693
ANGEL DAVILA 2019-0128896
4 126-650-056-8 7,500 2010-01523
JENNIFER LEBHERZ 2019-0128870
5 505-383-026-0 110,400 2013-01206
CATHY C NIELSEN 2019-0128898
6 370-081-012-4 39,400 2013-01337
DONALD E BARKLEY 2019-0128901
7 161-332-016-5 9,600 2013-01462
KYLE CHURCH 2019-0128903
8 372-375-005-9 13,900 2012-01315
RONALD KEMPKER 2019-0128878
9 360-091-022-2 47,100 2013-01504
FREDDIE DENISE CALDWELL 2019-0128904
10 087-081-007-4 48,200 2013-01757
JOSE L CHACON, SALVADOR MADRIGAL 2019-0128905
11 087-393-005-1 22,600 2012-01514
DEVIN DOBSON 2019-0128879
12 508-020-002-4 36,700 2013-01915
ELLESHA ANN GIESE 2019-0128908
13 560-170-016-3 411,100 2013-02378
EBERLINE SERVICES INC 2019-0128909
14 561-252-012-1 35,300 2013-02411
JAMES HERNANDEZ 2019-0128911
15 540-300-016-8 13,600 2013-02564
TABERNACLE OF PRAISE JESUS 2019-0128917
16 540-310-023-2 49,000 2013-02566
JUAN MARTIN DELCAMPO 2019-0128918
17 544-031-017-4 6,400 2013-02578
ABDO MOHAMED 2019-0128919
18 550-301-007-5 56,800 2013-02641
SANDRA ANDERSON 2019-0128920
19 514-240-007-5 5,900 2012-02376
KENNETH ANDREW GRIFFIN 2019-0128882
20 414-222-003-9 38,800 2011-02535
DOMINIC HICKS 2019-0128873
21 513-062-002-3 11,400 2011-02745
GENEVER YOUNGBLOOD 2019-0128874
22 513-161-004-9 159,900 1989-02503
BESSIE COUNTEE 1995-0109907
23 538-310-005-3 220,100 1991-03280
NOLIA M FRY 1997-0123103
MARIE GIVENS
24 408-012-036-5 127,700 1993-03226
HELEN E RICE 1999-0188743
25 534-211-013-6 197,900 2005-04665
AAFIYA AKBAR MUHAMMAD 2011-0174155
26 414-142-022-6 46,400 2008-06498
RODERICK KENNEY 2014-0134915
ELSIE JEAN KENNEY
27 530-120-030-8 28,100 2011-02325
MARIO ORELLANA 2018-0130853
28 010-450-035-0 38,700 2012-02814
Redemption
Delinquent Cost Breakdown
WITH APPROVAL OF THE BOARD OF SUPERVISORS, BY RESOLUTION 2019/xxx DATED OCTOBER xx, 2019
THE PROPERTY LISTED BELOW WAS OFFERED FOR SALE AT PUBLIC AUCTION ENDING ON FEBRUARY 25, 2020, AND WAS DISPOSED OF AS FOLLOWS:
Page 1 of 3
EXHIBIT "A"
Minimum Default Number Final Total Less Less Less Less Less Less Less Less Remaining Purchaser Name
Item Assessor's Parcel Number (APN)Bid Power to Sell Sales Payment Transfer Transfer State Add'l Rec.Notice Redemption Current Excess Deed Document Number
#Assessee(s)Amount Notice Rec. #Price Received Tax (City)Tax (State)Fee Rec. Fee Fee Cost Adv.B4A Title County Contact Dlq. Cost TOTAL Amount Taxes Proceeds Date Recorded
Redemption
Delinquent Cost Breakdown
WITH APPROVAL OF THE BOARD OF SUPERVISORS, BY RESOLUTION 2019/xxx DATED OCTOBER xx, 2019
THE PROPERTY LISTED BELOW WAS OFFERED FOR SALE AT PUBLIC AUCTION ENDING ON FEBRUARY 25, 2020, AND WAS DISPOSED OF AS FOLLOWS:
ARMAND H DELAROSA, SR, TRE 2019-0128883
29 417-161-055-5 38,700 2013-03197
ANTHONY K GILLIAM 2019-0128924
30 413-130-012-3 13,100 2012-03123
KATHERYINE AUSTIN 2018-0130879
KATHERYINE GAINES
31 170-161-015-4 18,900 2012-03249
MARK RANDOLPH ROGERS, TRE 2019-0128884
32 247-110-007-9 38,500 2013-03504
EDWARD H CUNNINGHAM 2019-0128926
33 255-770-006-5 31,200 2011-04181
MARK JOHN HOLOBETZ 2019-0128875
34 208-420-014-2 35,800 2013-03682
CARL D HINRICHS 2019-0128927
35 212-401-004-8 50,500 2013-03749
DAVID L ASH 2019-0128928
36 212-073-044-1 91,500 2013-03836
BRENT B ANDERSON, MELISSA A AFFOLTER 2019-0128929
37 222-520-006-8 80,300 2012-03757
BRIAN J & MELANI D RIVERA 2019-0128885
38 037-123-023-6 43,200 2013-04063
PENSCO TRUST CO 2019-0128930
39 034-140-014-1 9,200 2013-04109
DAVID N ARENDS 2019-0128931
40 035-250-019-3 7,100 2013-04150
JEFFREY J & JULIE A WAYNE 2019-0128932
41 035-250-020-1 7,100 2013-04151
JEFFREY J & JULIE A WAYNE 2019-0128933
42 166-320-006-9 21,500 2013-04814
GABRIEL PEREZ 2019-0128937
43 159-400-009-1 8,800 2013-04820
C NICHOLAS WILLIAMS, JR, TRE 2019-0128938
44 026-120-004-2 5,500 2013-04899
SOSNOWSKI & ASSOCIATES INC 2019-0128940
45 425-013-022-8 59,900 2013-04942
LV INVESTMENT INC 2019-0128941
46 031-070-002-6 42,600 2012-04578
HAJIME HOLMES 2019-0128887
031-070-003-4 2012-04579
HAJIME HOLMES 2019-0128888
47 032-140-002-0 19,200 2012-04605
LAWRENCE A & MARY E MAES 2019-0128889
48 032-150-001-9 52,200 2012-04606
LAWRENCE A & MARY E MAES 2019-0128890
49 026-020-006-8 192,600 2012-04614
SOSNOWSKI & ASSOCIATES INC 2018-0130812
50 026-030-009-0 48,800 2012-04615
SOSNOWSKI & ASSOCIATES INC 2018-0130872
51 354-203-003-0 15,100 2011-05211
FIRST BAPTIST CHURCH CROCKETT 2019-0128876
52 409-291-008-4 144,500 1994-07481
JAMES & CORINEA RAY 2000-0148830
Page 2 of 3
ITEM Minimum Default Number Final Total Less Less Less Less Less Less Less Less Remaining Purchaser Name
Assessor's Parcel Number (APN)Bid Power to Sell Sales Payment Transfer Transfer State Add'l Rec.Notice Redemption Current Excess Deed Document Number
#Assessee(s)Amount Notice Rec. #Price Received Tax (City)Tax (State)Fee Rec. Fee Fee Cost Adv.B4A Title County Contact Dlq. Cost TOTAL Amount Taxes Proceeds Date Recorded
17 085-226-005-8 23,400 2008-04798 WITHDRAWN
JOSE MARIO SIINO 2014-0134899
20 528-330-009-2 31,900 2012-01948 REDEEMED
LACY III & CARMEN L DOUGLAS 2018-0130833
29 530-120-030-8 22,400 2011-02325 WITHDRAWN
MARIO ORELLANA 2018-0130853
34 414-142-022-6 40,700 2008-06498 BANKRUTPCY
RODERICK KENNEY 2014-0134915
ELSIE JEAN KENNEY
38 529-290-021-3 85,700 1998-02662 REDEEMED
SACHIKO PERRYMAN, ESTATE OF 2004-0312515
41 413-130-012-3 10,800 2012-03123 WITHDRAWN
KATHERYINE AUSTIN, KATHERYINE GAINES 2018-0130879
46 041-151-004-3 165,900 2002-06790 REDEEMED
EDWARD C & ELIZABETH WILKIE 2008-0175661
49 026-020-006-8 274,100 2012-04614 NO BID AT 5-19 SALE
SOSNOWSKI & ASSOCIATES INC 2018-0130812
50 026-030-009-0 71,200 2012-04615 NO BID AT 5-19 SALE
SOSNOWSKI & ASSOCIATES INC 2018-0130872
56 409-021-027-1 21,400 1990-07480 37,600.00 37,641.80 0.00 41.80 1.50 2.00 15.00 35.00 25.00 250.00 250.00 150.00 0.00 400.00 1,075.00 33,731.94 3,864.56 0.00 Rosemary Fonseca
JIM E MITCHELL 1996-0129768 2019-0084401, 6-6-19
57 433-020-007-4 84,600 2010-07070 WITHDRAWN
SKYE ALICE MCLAUGHLIN 2016-0166357
37,600.00 37,641.80 0.00 41.80 1.50 2.00 15.00 35.00 25.00 250.00 250.00 150.00 0.00 400.00 1,075.00 33,731.94 3,864.56 0.00
Redemption
Delinquent Cost Breakdown
THE PROPERTY LISTED BELOW WAS OFFERED FOR SALE AT PUBLIC AUCTION ENDING ON MAY 21, 2019, AND WAS DISPOSED OF AS FOLLOWS:
WITH APPROVAL OF THE BOARD OF SUPERVISORS, BY RESOLUTION 2018/566 DATED OCTOBER 13, 2018
RECOMMENDATION(S):
APPROVE an Amendment to the County's FY 2019/20 Community Development Block Grant (CDBG)
Action Plan to award up to $95,000 for relocation costs associated with the rehabilitation of Richmond
Neighborhood Housing Services housing units, that are rented to low/moderate-income households in the
City of Richmond, as recommended by the Affordable Housing Finance Committee.
FISCAL IMPACT:
There is no fiscal impact to the County General Fund. Community Development Block Grant (CDBG)
funds are federal funds provided to the County on a formula allocation basis through the U.S. Department
of Housing and Urban Development.
Catalog of Federal Domestic Assistance #14.218
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Gabriel Lemus,
925-674-7882
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 90
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:October 22, 2019
Contra
Costa
County
Subject:Substantial Amendment to the County's FY 2019/20 CDBG Action Plan - CDBG Funds for Relocation Costs:
Richmond Neighborhood Housing Services, Inc.
BACKGROUND:
Richmond Neighborhood Housing Services, Inc. (RNHS), is a nonprofit housing organization dedicated to
promoting and maintaining affordable housing to low/moderate-income households in the City of
Richmond. RNHS was awarded $280,000 in FY 2017/18 and $151,000 in FY 2018/19, to rehabilitate up to
eight single-family housing units within RNHS’s low/moderate-income housing portfolio. At the time of
award, temporary relocation of households was not anticipated; however, it became apparent that temporary
relocation would be necessary for some, as complete project scopes commenced.
County CDBG staff recommends up to $95,000 in additional CDBG funds for temporary relocation costs
associated with the rehabilitation of RNHS’s housing units in order to properly and adequately relocate and
temporarily house the households currently residing in the units proposed for rehabilitation. Although,
temporary relocation can be costly for a project and an inconvenience for a household, it is recommended in
order to ensure households are adequately and properly temporarily housed during the time of construction,
with none of the relocation costs paid by the households. In most cases when federal or state funds are
involved with the rehabilitation of housing units, relocation has a specific process to follow and the costs of
relocation is not the responsibility of the affected households. In addition, temporarily relocating a
household allows the rehabilitation work to be performed in a much timelier and efficient manner as it
eliminates any scheduling conflicts with the tenants.
The additional $95,000 in CDBG funds would pay for a relocation consultant and for the costs associated
with relocating a household (move-out/move-in costs, storage, temporary lodging, etc.). The consultant’s
obligation would be to ensure that the required relocation process under the Uniform Relocation Act takes
place, which will include preparation and dissemination of relocation notices, preparation of relocation
plans for each affected household, and collecting/preparing documentation indicating that the proper steps
for relocation took place. In addition, the consultant would work with each household to ascertain the
proper and adequate temporary housing that each household would require, and then find and secure the
temporary housing for each household.
Available CDBG Funds: The $95,000 of CDBG funds are available due to a cancellation of a project
that was unable to move forward after it was determined to be ineligible. Therefore, the funds for that
cancelled project are available to allocate to other eligible activities.
Affordable Housing Finance Committee Meeting: County CDBG staff presented their
recommendation to the County's Affordable Housing Finance Committee on October 4, 2019. After staff's
presentation, the Affordable Housing Finance Committee recommended to allocate up to $95,000 of CDBG
funds for relocation costs associated with the rehabilitation of RNHS's housing units that are rented out to
low/moderate-income households in the City of Richmond.
CONSEQUENCE OF NEGATIVE ACTION:
Not approving the additional CDBG funds would delay or prevent the rehabilitation of RNHS's housing
units, which would prevent the preservation of existing affordable housing to low/moderate-income
households.
CHILDREN'S IMPACT STATEMENT:
The activity/project supports the preservation of affordable housing, which supports the Children’s Report
Card by helping families become economically self-sufficient and enables families to be safe, stable and
nurturing.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Auditor-Controller, to issue a payment, on behalf of the Public Works
Department, in the amount of $2,000 payable to the Community Foundation of Alamo from County Service
Area R-7 (CSA), for the holiday lights at Andrew H. Young Park, as recommended by the Public Works
Director, Alamo area.
FISCAL IMPACT:
100% County Service Area (CSA) R-7 Funds.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V Supervisor
Contact: Rochelle Johnson
(925)313-2299
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Diana Oyler - Finance , Dom Pruett - BOS , Rochelle Johnson - Special Districts, Victoria Skerritt, Special Districts
C. 91
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director/Chief Engineer
Date:October 22, 2019
Contra
Costa
County
Subject:Approve and Authorize the Auditor-Controller to issue a payment of $2,000 to the Community Foundation of Alamo
for the holiday lights, Alamo area.
BACKGROUND:
CSA R-7 residents participate in Alamo’s Annual Tree Lighting Festival each year. The Alamo Tree
Lighting Festival is a collaborative effort coordinated by the Community Foundation of Alamo. CSA R-7
also contributes the use of Andrew H. Young Park and provides funding to decorate the park with holiday
lights. The 2019 Alamo Tree Lighting Festival will take place on Sunday, December 8, 2019 from 4:30
p.m. – 6:30 p.m. The holiday lights will be installed on or after November 15, 2019 and will remain up
through January 15, 2020. The CSA R-7 contribution was reviewed by the Alamo Municipal Advisory
Council (Alamo MAC) at their meeting on May 7, 2019 and a $2,000 contribution from CSA R-7 funds
was recommended for this event.
CONSEQUENCE OF NEGATIVE ACTION:
Without Board approval the quality of this event would be diminished.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to renew Cardroom License Number 6,
known as "California Grand Casino" currently located at 5988 Pacheco Blvd., Pacheco, California, for the
period of November 26, 2019 through November 25, 2020.
FISCAL IMPACT:
$10,500; $1,000 application fees plus $500 per table for licensing of nineteen (19) card tables. 100%
Revenue.
BACKGROUND:
In accordance with County Ordinance No. 82-44, Chapter 52-3, Article 52-3.3, Section 52-3.321, an
application has been submitted by Mr. Lamar V. Wilkinson and Ms. Elizabeth Wilkinson for the renewal of
Cardroom License Number 6, known as "California Grand Casino". The Office of the Sheriff conducted a
background investigation of the applicants. The investigation produced no adverse information, which
would preclude approval of this application. This Cardroom License will be issued to Mr. Lamar V.
Wilkinson and Ms. Elizabeth Wilkinson, owners of the cardroom establishment.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Sandra Brown,
925-335-1553
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 92
To:Board of Supervisors
From:David O. Livingston, Sheriff-Coroner
Date:October 22, 2019
Contra
Costa
County
Subject:Renewal of Cardroom License
CONSEQUENCE OF NEGATIVE ACTION:
Negative action will result in Cardroom License Number 6 not being renewed and expiring on November
25, 2019. Once expired, the Cardroom will no longer be able to operated until such time that a new license
has been approved.
CHILDREN'S IMPACT STATEMENT:
RECOMMENDATION(S):
ADOPT Resolution No. 2019/608:
1. Approving the issuance of Multifamily Housing Revenue Bonds (the "Bonds") by the California
Statewide Communities Development Authority (CSCDA) in an amount not to exceed $85,000,000, for the
benefit of Fairfield Hilltop LP, a California limited partnership (the "Borrower"), to provide for the
financing of the acquisition and rehabilitation of a 322-unit multifamily housing development generally
known as Hilltop Commons Apartments (the “Project”) located at 15690 Crestwood Drive in the
unincorporated area of the County near San Pablo. Such adoption is solely for the purposes of satisfying
the requirements of the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), Section 147(f) of the
Internal Revenue Code of 1986 and California Government Code Section 6500 (and following).
2. Waiving the requirement of the County Multifamily Bond Policies that the County serve as issuer of
multifamily housing bonds for projects located in the unincorporated area of the County.
3. Approving the sale and transfer of the Project from Steadfast Hilltop Commons, L.P. (the “Current
Owner”) to the Borrower subject to receipt of an Assignment and Assumption of Regulatory Agreement
(the “Assignment Agreement”), an opinion of Borrower’s counsel regarding the enforceability of the
Assignment Agreement against the Borrower, and a related Bond Counsel opinion.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Kristen Lackey (925)
674-7888
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc:
C. 93
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:October 22, 2019
Contra
Costa
County
Subject:Multifamily Housing Revenue Bonds - Hilltop Commons Apartments
RECOMMENDATION(S): (CONT'D)
4. Authorizing staff to assist with the redemption of the 2001 Bonds issued by the County for the
original development of the Project.
5. Approving the termination of certain 2001 Bond documents upon such redemption, provided that the
County is included as a third party beneficiary to a new regulatory agreement and the Borrower agrees to
continue paying County annual issuer fees.
6. Authorizing the Director of the Department of Conservation and Development (the “Director”) to
execute the Assignment Agreement, a termination agreement and any other documents deemed
necessary in order to effectuate the purpose of this Resolution.
FISCAL IMPACT:
No impact to the General Fund. The County will be reimbursed for any costs incurred in the process of
conducting the TEFRA Hearing, assisting with the bond redemption and the termination of 2001 bond
documents. The CMFA will issue tax-exempt revenue bonds on behalf of the Borrower. Repayment of
the Bonds is solely the responsibility of the Borrower. The Borrower will continue operating the project
in compliance with the existing Regulatory Agreement, including payment of County annual fees.
BACKGROUND:
Fairfield Hilltop LP has requested that the County conduct a Tax Equity and Fiscal Responsibility Act of
1982 (TEFRA) public hearing for the California Statewide Communities Development Authority
(CSCDA) issuance of Multifamily Housing Revenue Bonds in an amount not to exceed $85,000,000 to
be used to finance the acquisition and rehabilitation of a 322-unit multifamily rental housing
development commonly known as Hilltop Commons Apartments located at 15690 Crestwood Drive in
the unincorporated area of the County near San Pablo (the "Project"). The Project will be operated by
Fairfield Residential, one of the nation’s largest full service property managers. An elected body of the
governmental entity having jurisdiction over the area where the project is located must approve the
issuance of the Bonds following the conduct of a public hearing regarding the financing of the project in
order for all or a portion of the Bonds to qualify as tax-exempt bonds for the financing of the Project.
The County is a member of the CSCDA (since 19990) and is the governmental entity having jurisdiction
over the area where the project is located.
One of the purposes of the proposed Resolution is to acknowledge that a public hearing was held by the
County's Affordable Housing Program Manager on October 14, 2019, where members of the
community were given an opportunity to speak in favor of or against the use of tax-exempt bonds for the
financing of the project and to approve of CSCDA's use of tax-exempt bonds for the financing of the
Project. No public comments were received during or prior to the public hearing. A notice of the public
hearing was published in the Contra Costa Times (proof of publication attached) on October 7, 2019.
Typically the County would be the conduit bond issuer for a project located in the unincorporated area
of the County, but Fairfield is on a short timeline to close the transaction for this Project and has already
begun the bond issuance process with the assistance of CSCDA. Additionally, CSCDA has a special
carryforward allocation of bond authority from prior years from the California Debt Limit Allocation
Committee (CDLAC) needed for the bonds to be tax-exempt in the event that the Project does not
receive a direct allocation from CDLAC. The Resolution waives the requirement of the County
Multifamily Bond Policies that the County be the conduit bond issuer for this Project located within the
unincorporated area of the County.
Prior to Fairfield Hilltop LP acquiring and rehabilitating the Project after the bond transaction closes,
FRH Realty LLC, an affiliate of Fairfield Residential, will purchase the Project from the current owner,
Steadfast Hilltop Commons, L.P. The County currently administers a Regulatory Agreement on the
property from a 2001 bond issuance that requires 169 of the 322 units be rented by households earning
at or below 60% of the area median income for a term of 30 years. The Regulatory Agreement can be
assumed by a new Project owner if the County finds that the new owner has sufficient experience and
capability to fulfill the obligations provided for in the Regulatory Agreement. County staff conducted a
due diligence review and finds Fairfield Residential to be so capable.
The Resolution approves the sale and transfer of the Project and the associated Assignment and
Assumption of Regulatory Agreement and Declaration of Restrictive Covenants. Execution of the
document is contingent on a legal opinion of enforceability from Borrower’s counsel and an opinion of
the County’s Bond Counsel, Quint & Thimmig.
When the new bond transaction closes, the 2001 Regulatory Agreement will be terminated and the
requirements imposed by the County in that terminated agreement will be incorporated into a new
Regulatory Agreement between Fairfield Hilltop LP and CSCDA, allowing for the County to have
enforceability rights to ensure the rental requirements that were in the 2001 Regulatory Agreement are
adhered to by Fairfield Hilltop LP and continue to receive its annual issuer fee.
CONSEQUENCE OF NEGATIVE ACTION:
Negative action would prevent CSCDA from providing tax-exempt financing for the acquisition and
rehabilitation of the Hilltop Commons project in the unincorporated area of the County near San Pablo.
CHILDREN'S IMPACT STATEMENT:
The recommendation supports one or more of the following children's outcomes:
(1) Children Ready for and Succeeding in School;
(2) Children and Youth Healthy and Preparing for Productive Adulthood;
(3) Families that are Economically Self Sufficient;
(4) Families that are Safe, Stable and Nurturing; and
(5) Communities that are Safe and Provide a High Quality of Life for Children and Families.
AGENDA ATTACHMENTS
Resolution 2019/608
Hilltop Commons Proof of Publication
Hilltop Commons Transcript
MINUTES ATTACHMENTS
Signed Resolution No. 2019/608
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 10/22/2019 by the following vote:
AYE:4
John Gioia
Candace Andersen
Diane Burgis
Karen Mitchoff
NO:
ABSENT:1 Federal D. Glover
ABSTAIN:
RECUSE:
Resolution No. 2019/608
Resolution Approving the Issuance of Multifamily Housing Revenue Bonds by the California Statewide Communities
Development Authority in an Approximate Amount of Eighty-Five Million Dollars ($85,000,000) for the Purpose of Providing
Financing for Hilltop Commons Apartments Located in the Unincorporated Area of the County near San Pablo, Approving
Transfer of Ownership of the Project and Termination of a related Regulatory Agreement and Declaration of Restrictive
Covenants.
WHEREAS, the California Statewide Communities Development Authority (the “Authority”) is authorized pursuant to the
provisions of California Government Code Section 6500 et seq. and the terms of an Amended and Restated Joint Exercise of
Powers Agreement, dated as of June 1, 1988 (the “Agreement”), among certain local agencies throughout the State of California,
including the County of Contra Costa (the “County”), to issue revenue bonds in accordance with the provisions of Chapter 7 of
Part 5 of Division 31 of the California Health and Safety Code for the purpose of financing multifamily rental housing projects;
and
WHEREAS, Fairfield Hilltop LP, a California limited partnership (the “Borrower”), has requested that the Authority adopt a plan
of financing providing for the issuance of multifamily housing revenue bonds in one or more series issued from time to time,
including bonds issued to refund such multifamily housing revenue bonds in one or more series from time to time, in the principal
amount of approximately $85,000,000 (the “Bonds”) to finance or refinance the acquisition and rehabilitation of a 322-unit
multifamily rental housing project located at 15690 Crestwood Drive in the unincorporated area of the County near the City of
San Pablo known as Hilltop Commons Apartments (the “Project”); and
WHEREAS, the Bonds or a portion thereof will be “private activity bonds” for purposes of the Internal Revenue Code of 1986
(the “Code”); and
WHEREAS, pursuant to section 147(f) of the Code, prior to their issuance, private activity bonds are required to be approved by
the “applicable elected representative” of a governmental unit having jurisdiction over the area in which any facility financed by
such bonds is, or is to be, located, after a public hearing held following reasonable public notice; and
WHEREAS, the members of the Board of Supervisors are the applicable elected representatives of the County and the Project is
located in the County; and
WHEREAS, the Affordable Housing Program Manager of the Department of Conservation and Development of the County has,
following notice duly given, held a public hearing regarding the financing of the Project and the issuance of the Bonds by the
Authority, and a summary of any oral or written testimony received at the public hearing has been presented to the Board of
Supervisors for its consideration; and
WHEREAS, the Board of Supervisors now desires to approve the issuance of the Bonds by the Authority; and
WHEREAS, the Board of Supervisors has heretofore adopted a Debt Management Policy for the County, Appendix 5 to which
includes Multifamily Mortgage Revenue Bond Program Policies and Procedures (the “County Multifamily Bond Policies”); and
WHEREAS, Section X of the County Multifamily Bond Policies in effect that the County will be the issuer of multifamily
housing bonds for projects located in the unincorporated area of the County, and the Board of Supervisors now desires to waive
that requirement so that the Authority can issue the Bonds for the Project in light of limitations on the principal amount of private
activity bonds that can be issued and the Authority’s stated expectation that it will have the ability to issue the Bonds in the
principal amount needed to finance the acquisition and rehabilitation of the Project; and
WHEREAS, in October of 2004, the County issued its Multifamily Housing Revenue Bonds (Hilltop Commons Apartments
Project) 2001 Series A, 2001 Series A-T and 2001 Series B (collectively, the “2001 Bonds”), and the proceeds of the 2001
Bonds were used at that time to provide financing for the Project; and
WHEREAS, Steadfast Hilltop Commons, L.P., a California limited partnership, the current owner of the Project (the “Current
Owner”) is expected to sell the Project to the Borrower prior to the issuance of the Bonds, and the agreements related to the 2001
Bonds require the prior written consent of the County to such transfer after the submission of certain documents to the County
specified in the Regulatory Agreement and Declaration of Restrictive Covenants, dated as of July 1, 2001 (the “2001 Bond
Document”), between the County and the Current Owner; and
WHEREAS, the Borrower has indicated that it is expected that a redemption of all of the outstanding 2001 Bonds will occur
concurrently with the transfer of the Project to the Borrower; and
WHEREAS, the Borrower has also indicated that, upon the issuance of the Bonds, it desires that the County terminate the 2001
Bond Document and the County is amendable to such termination, subject to certain conditions set forth in this Resolution; and
WHEREAS, the Borrower has agreed to pay all costs of the County in connection with the conduct of the public hearing and
approval of the issuance by the Authority of the Bonds, and the County’s approval of the transfer of ownership of the Project and
the termination of the 2001 Bond Document; and
WHEREAS, the Board of Supervisors now desires to approve the issuance of the Bonds by the Authority, the sale and transfer of
the ownership of the Project to the Borrower, and otherwise to authorize County Staff to assist the Borrower with the redemption
of the 2001 Bonds and the termination of the 2001 Bond Document.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Contra Costa, as follows:
Section 1. The Board hereby finds and declares that the foregoing recitals are true and correct.
Section 2. For purposes of Section 147(f) of the Code, the Board of Supervisors hereby approves the issuance of Bonds by the
Authority to provide financing for costs of the Project. The County shall have no responsibility or liability whatsoever with
respect to the issuance or administration of the Bonds.
Section 3. The Board of Supervisors hereby waives the requirement of the County Multifamily Bond Policies to the effect that
the County be the issuer of bonds to finance the Project, and hereby consents to the Authority issuing the Bonds for the Project;
and
Section 4. The Board of Supervisors hereby approves the sale and transfer of the Project from the Current Owner to the
Borrower, subject to the receipt by the Affordable Housing Program Manager of an Assignment and Assumption of Regulatory
Agreement and Declaration of Restrictive Covenants (the “Assignment Agreement”) and an opinion of counsel to the Borrower
regarding the enforceability of the Assignment Agreement against the Borrower, as required by the 2001 Bond Document in
forms acceptable to the Affordable Housing Program Manager, upon consultation with Bond Counsel, and an opinion of Bond
Counsel as referenced in Section 12 of the 2001 Bond Document. The Director of the Department of Conservation and
Development is hereby authorized and directed to execute and deliver the Assignment Agreement in the form approved by the
Affordable Housing Program Manager, and the execution and delivery by the Director of the Department of Conservation and
Development of the Assignment Agreement shall be conclusive evidence of the approval by the County of the sale and transfer
of the Project to the Borrower.
Section 5. The Board of Supervisors hereby authorizes Staff of the Department of Conservation and Development of the County
to assist with the redemption of the 2001 Bonds, and authorizes the Director of the Department of Conservation and
Development to execute such documents, upon consultation with Bond Counsel, as are necessary to be executed by the County in
connection therewith.
Section 6. The Board of Supervisors hereby approves the termination of the 2001 Bond Document and authorizes the Director of
the Department of Conservation and Development to execute a termination agreement related thereto in a form acceptable to
Bond Counsel and the Director, provided that (a) the obligation of the Borrower to pay the annual Issuer Fee for the remainder of
the Qualified Project Period (as such capitalized terms are used in the 2001 Bond Document) is set forth in a regulatory
agreement and declaration of restrictive covenants executed in connection with the issuance of the Bonds (the “New Regulatory
Agreement”), (b) the County is an intended third party beneficiary of the New Regulatory Agreement and is thereby legally able
to enforce the provisions of the New Regulatory Agreement against the Borrower, (c) the New Regulatory Agreement is
otherwise in form and substance acceptable to the Director of the Department of Conservation and Development, upon
consultation with Bond Counsel to the County, and (d) the Borrower delivers to the County an opinion of its counsel as to the
enforceability of the New Regulatory Agreement against the Borrower.
Section 7. The adoption of this Resolution does not (a) relieve or exempt the Borrower from obtaining any permits or approvals
that are required by, or determined to be necessary from, the County in connection with the acquisition, rehabilitation or operation
of the Project, nor (b) obligate the County to incur any obligation or provide financial assistance with respect to the Bonds or the
Project.
Section 8. Quint & Thimmig LLP is hereby approved as Bond Counsel to the County with respect to the approval by the Board of
Supervisors of the issuance of the Bonds, the sale and transfer of ownership of the Project, the redemption of the 2001 Bonds,
and the termination of the 2001 Bond Document; provided that the fees and expenses of Bond Counsel shall be paid by the
Borrower.
Section 9. All actions heretofore taken by the officers and agents of the County with respect to the approval of issuance of Bonds
by the Authority, the sale and transfer of ownership of the Project, the redemption of the 2001 Bonds and the termination of the
2001 Bond Document, all as described in this Resolution are hereby approved, ratified and confirmed, and the officers of the
County are hereby authorized and directed, for and in the name and on behalf of the County, to do any and all things and take any
and all actions and execute and deliver any and all certificates, agreements and other documents, which any such officer may
deem necessary or advisable in order to effectuate the purposes of this Resolution. Section 10. This Resolution shall take effect
upon its adoption.
Contact: Kristen Lackey (925) 674-7888
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc:
C.93
I certify (or declare) under the penalty of perjury that the foregoing
is true and correct.
Executed at Walnut Creek, California.
On this 7th day of October, 2019.
Legal No. West County Times
1050 Marina Way S
Richmond, CA 94804
(510) 262-2740
PROOF OF PUBLICATION
FILE NO. Public Notice
In the matter of
West County Times
I am a citizen of the United States and a resident of the County
aforesaid; I am over the age of eighteen years, and not a party to
or interested in the above-entitled matter.
I am the Principal Legal Clerk of the West County Times, a
newspaper of general circulation, printed and published in the
City of Walnut Creek, County of Contra Costa, 94598
And which newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the County of Contra
Costa, State of California, under the date of August 29, 1978.
Case Number 188884.
The notice, of which the annexed is a printed copy (set in type not
smaller than nonpareil), has been published in each regular and
entire issue of said newspaper and not in any supplement thereof
on the following dates, to-wit:
10/07/2019
Signature
3697629
QUINT & THIMMIG LLP
900 LARKSPUR LANDING, SUITE 270
LARKSPUR, CA 94939
0006408458
1r.BP316-07/17/17
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a 2019 Memorandum of
Understanding with the California Department of Justice for the use of the Mobile Identification System
beginning October 1, 2019.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
The DOJ MID System was developed to provide a rapid identification service to participating California
law enforcement agencies (LEA) utilizing a Federal Bureau of Investigation (FBI) certified mobile
fingerprint capture device in the field. This process employs a National Institute of Standards and
Technology (NIST) record formatted to the California Technical Finger Search (TFS)/Technical Finger
Response (TFR) type of transaction via a web service protocol. The Memorandum of Understanding for the
Mobile Identification System is to allow our County to utilize the system. The Mobile Identification System
is essential for officers to use while on patrol so they can identify a subject within seconds. Once the
fingerprints are sent to DOJ they will have instant responses to a subject’s criminal history including
outstanding warrants.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Sandra Brown,
925-335-1553
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 94
To:Board of Supervisors
From:David O. Livingston, Sheriff-Coroner
Date:October 22, 2019
Contra
Costa
County
Subject:Memorandum of Understanding with the California Department of Justice
CONSEQUENCE OF NEGATIVE ACTION:
Without agreeing to the California Department of Justice Memorandum of Understanding for Mobile
Identification, our Sheriff’s Office including outside agencies will not be allowed to utilize the system.
Officers on patrol would not have access to receive CLETS responses from DOJ or the FBI. Any warrant
information would not be accessible. Officers would only have access to the current local system. The
current local system only informs officers if the subject has been arrested in Contra Costa or Alameda
County. This limited information may cause officers to potentially release subjects that have outstanding
warrants, missing individuals, or other persons of interest.
RECOMMENDATION(S):
DECLARE as surplus and AUTHORIZE the Purchasing Agent, or designee, to dispose of fully depreciated
vehicles and equipment no longer needed for public use, as recommended by the Public Works Director,
Countywide.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
Section 1108-2.212 of the County Ordinance Code authorizes the Purchasing Agent to dispose of any
personal property belonging to Contra Costa County and found by the Board of Supervisors not to be
required for public use. The property for disposal is either obsolete, worn out, beyond economical repair, or
damaged beyond repair.
CONSEQUENCE OF NEGATIVE ACTION:
Public Works would not be able to dispose of surplus vehicles and equipment.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Nida Rivera, (925)
313-2124
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 95
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director/Chief Engineer
Date:October 22, 2019
Contra
Costa
County
Subject:Disposal of Surplus Property
ATTACHMENTS
Surplus Vehicles & Equipment
ATTACHMENT TO BOARD ORDER OCTOBER 22, 2019
Department Description/Unit/Make/Model Serial No. Condition
A. Obsolete B. Worn Out
C. Beyond economical repair
D. Damaged beyond repair
PUBLIC WORKS 2000 CHEVY S-10 TRUCK #5020 (68139 MILES) 1GCCS19W0YK297601 C. BEYOND ECONOMICAL
REPAIR
SHERIFF 2012 FORD TAURUS SEDAN #1037 (124195
MILES) 1FAHP2DW7CG130755 B. WORN OUT
SHERIFF 2013 FORD INTERCEPTOR #3307 (122441 MILES) 1FM5K8AR5DGC25907 C. BEYOND ECONOMICAL
REPAIR
SHERIFF 2018 FORD INTERCEPTOR SEDAN #2591 (11012
MILES) 1FAHP2MT6JG135061 D. DAMAGED BEYOND
REPAIR (ACCIDENT )
PROBATION 2000 FORD TAURUS SEDAN #0466 (69584 MILES) 1FAFP5328YG277701 B. WORN OUT
SHERIFF 2009 TOYOTA PRIUS HYBRID #0297 (101585
MILES) JTDKB20UX97834508 B. WORN OUT
PUBLIC WORKS 2003 FORD F-250 TRUCK #6155 (126344 MILES) 3FTNX21523MB33857 C. BEYOND ECONOMICAL
REPAIR
PUBLIC WORKS 2016 FORD TRANSIT CONNECT #4342 (18680
MILES) NM0LS7EX6G1254920 D. DAMAGED BEYOND
REPAIR ( ACCIDENT )
SHERIFF 2009 TOYOTA PRIUS HYBRID #1110 (96965
MILES) JTDKB20U897865840 C. BEYOND ECONOMICAL
REPAIR
CONSERVATION &
DEVELOPMENT 2008 HONDA CIVIC HYBRID #0279 (93525 MILES) JTDKB20U897865840 B. WORN OUT
SHERIFF 2013 FORD ESCAPE SUV #3737 (126201 MILES) 1FMCU0G99DUD03407 C. BEYOND ECONOMICAL
REPAIR
SHERIFF 2012 CHEVY TAHOE SUV #3723 (92450 MILES) 1GNLC2E05CR296701 B. WORN OUT
SHERIFF 2008 CHEVY TAHOE SUV #3699 (92727 MILES) 1GNFK030X8R263627 B. WORN OUT
SHERIFF 2012 FORD TAURUS SEDAN #1038 (111520
MILES) 1FAHP2DW9CG130756 B. WORN OUT
SHERIFF 2014 FORD INTERCEPTOR SEDAN #3409 (93812) 1FM5K8AR9EGB02449 C. BEYOND ECONOMICAL
REPAIR
SHERIFF 2013 FORD INTERCEPTOR #3300 (125510 MILES) 1FM5K8AR2DGC25914 B. WORN OUT
PUBLIC WORKS 1992 MITSUBISHI FG-40 FORKLIFT #9040 (2161
HOURS) AF2950116 C.BEYOND ECONOMICAL
REPAIR
PUBLIC WORKS 2011 FORD F-150 TRUCK #5250 (105880 MILES) 1FTVX1CF6BKD01709 B. WORN OUT
SHERIFF 2015 TOW-LET FLUSH TRAILER #8645 ( ) 4T9AT1019FR160420 D. DAMAGED BEYOND
REPAIR
SHERIFF 2015 TOW-LET FLUSH TRAILER #8646 ( ) 4T9AT1012FR160419 D. DAMAGED BEYOND
REPAIR
RECOMMENDATION(S):
ADOPT Resolution No. 2019/606 approving the Side Letter between the County of Contra Costa and
IFPTE, Local 21 modifying Appendix E of the Memorandum of Understanding to add the new
classification of Public Health Chief of Nursing and Clinical Services (VVDB) to the list of classifications
eligible for on-call pay.
FISCAL IMPACT:
No additional on-call time is associated with this change, existing call will be assigned to this position. The
annual increased cost is estimated to be under $10,000 and will be absorbed by Health Services.
BACKGROUND:
The new classification of Public Health Chief of Nursing and Clinical Services (VVDB) was established by
the Board of Supervisors on October 8, 2019. This Side Letter adds the new classification to the list of
classifications eligible for on-call pay.
CONSEQUENCE OF NEGATIVE ACTION:
Employees in the classification will not be eligible for on-call pay and may be reluctant to take calls without
compensation.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Lisa Driscoll (925)
335-11023
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Robert Campbell, Auditor-Controller, Dianne Dinsmore, Human Resources Director, Anna Roth, Director of Health Services
C. 96
To:Board of Supervisors
From:David Twa, County Administrator
Date:October 22, 2019
Contra
Costa
County
Subject:Local 21 Side Letter - Modification to Appendix E (On-Call) of MOU Adding New Classification
AGENDA ATTACHMENTS
Resolution 2019/606
Side Letter - IFPTE, Local 21
MINUTES ATTACHMENTS
Signed Resolution No.
2019/606
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 10/22/2019 by the following vote:
AYE:4
John Gioia
Candace Andersen
Diane Burgis
Karen Mitchoff
NO:
ABSENT:1 Federal D. Glover
ABSTAIN:
RECUSE:
Resolution No. 2019/606
In The Matter Of: The Side Letter Agreement between Contra Costa County and IFPTE, Local 21, to modify Appendix E
adding the classification of Public Health Chief of Nursing and Clinical Services for On-Call pay.
The Contra Costa County Board of Supervisors acting in its capacity as Governing Board of the County of Contra Costa and the
Board of Directors of the Contra Costa County Fire Protection District RESOLVES THAT:
Effective November 1, 2019, the attached Side Letter of Agreement dated October 9, 2019 be ADOPTED.
Contact: Lisa Driscoll (925) 335-11023
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Robert Campbell, Auditor-Controller, Dianne Dinsmore, Human Resources Director, Anna Roth, Director of Health Services
APPENDIX E
1 of 2
Only the following classifications are eligible to receive Shift Differential Pay, On‐Call
Duty Pay, or Call‐Back Time Pay to the extent designated below:
Code Classification Shift On‐Call Call‐Back
VLFA ASST DIR OF HAZ MAT PROGRAM X
VWDG CHIEF OF DET HLTH NURSINGSVCS X
3AGG COMMUNITY LIBRARY MANAGER X
LKHA COMPUTER OPERATIONSSUPERVISOR X
LWSA DATABASE ADMINISTRATOR X
VVGS DIRECTOR PUB HLTH CLINICSVCS X
VWDF DIRECTOR, INPATIENT NURSINGOP X
VBHB EMERGENCY MEDICAL SVSPRG CORD X
9GSA EMERGENCY PLANNING COORD X
1WHB ENVIRONMENTAL SVCS SUPERVISOR X
LBTC HEALTH SVCS INFO SYS PROG/ANL X
LBTB HEALTH SVCS INFO SYSTEMSSPEC X X
VCFB HEALTH SVCS INFO TECH SUPV X
VDHA HOMELESS SERVICES PROGRAM CHIEF X
LBVC HS SYSTEMS ANALYST II X X
LBTD HS SYSTEMS ANALYST III X
LTNA INFO SYS MANAGER I X
LBHB INFORMATION SYSTEMS SUPERVISOR X
VQDN MH PROGRAM CHIEF X
VQDC MH PROGRAM MANAGER X
LNSA NETWORK ADMINISTRATORI X X X
LNSB NETWORK ADMINISTRATORII X X
LBTA NETWORK ANALYST II X X
LNVA NETWORK TECHNICIAN II X
VWHF NURSING PROGRAM MANAGER X
VBSG PRE‐HOSPTL CARE COORDINATOR X
VWHL PUBLIC HLTH NURSE PROGMANAGER X X
VBSD PUBLIC HLTH PRGM SPEC I X
VBND PUBLIC HLTH PRGM SPEC II X
VVDB PH CHIEF OF NURSING & CLINICAL SERVICES X
PSHB PW MAINTENANCE SUPERVISOR X
3AGH SR COMMUNITY LIBRARYMANAGER X
V4HE SUPERVISING ARP ENGINEER X
VHHF SUPERVISING CLINICAL LAB SCIEN X
VLHA SUPERVISING ENVIRON HLTHSPEC X
LWWA SYSTEMS SOFTWARE ANALYSTI X
LWVA SYSTEMS SOFTWARE ANALYSTII X
APPENDIX E
2 of 2
The following classifications, while assigned to the Contra Costa Regional Medical
Center and all Health Centers, are eligible to receive On‐Call Duty Pay, or Call‐Back
Time Pay to the extent designated below:
Code Classification On‐Call Call‐Back
VWHJ AMBULATORY CARE CLINICAL SERVICES SUPV X
VEDA AODS PROGRAM CHIEF X
VYSC ASSISTANT DIRECTOR OF PHARMACY SVCS X
VWDH CHIEF NURSING INFORMATICS OFFICER X
V7DA COMMUNICABLE DISEASE PROGRAM CHIEF X X
LKVA COMPUTER OPERATIONS ANALYST X X
VQFB DEPUTY DIRECTOR BEHAVIORAL HEALTH X
VWDC DIR OF AMBULATORY CARE NURSING SVCS X
VVGS DIR OF PUBLIC HEALTH LABORATORY SVCS X X
VYDC DIRECTOR OF PHARMACY SERVICES X
VCDC FACILITIES MANAGER X X
VRFA HEALTH PLAN NURSE PROGRAM DIRECTOR X
LKFA HEALTH SERVICES INFO SYS OPS MNGR X
LBFA HS INFO TECH MANAGER X
LBVB HS IT CLINICAL SYS ANALYST I X
LBTE HS IT CLINICAL SYS ANALYST II X
LBWC HS SYSTEMS ANALYST I X
VWSF INFECTION PREVENTION & CONTROL MGR X X
LBSD IT SECURITY SPECIALIST X
LBVA NETWORK ANALYST I X X
LBHA NETWORK MANAGER X
LNWA NETWORK TECHNICIAN I X
LWWA SYSTEMS SOFTWARE ANALYSTI X X
LWVA SYSTEMS SOFTWARE ANALYSTII X X
VWHG UTILIZATION REVIEW MANAGER X
During the term of this Agreement, the parties may mutually agree to add
additional classifications to this list, upon approval of the County Administrator or
his/her designee, and approval by the Board of Supervisors.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Auditor-Controller to issue a refund of overpayment of documentary
transfer tax totaling an amount not to exceed $523 to specified parties.
FISCAL IMPACT:
The recommendation will result in a reduction of $522.50 to the County General Fund: $110.00 is from the
2018-19 fiscal year and $412.50 is from the 2019-20 fiscal year.
BACKGROUND:
The County Clerk-Recorder received an excess payment of documentary transfer tax or should not have
collected transfer tax from the following parties in the amounts listed in the table that follows:
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Laura Wilson,
925-335-7921
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: October 22, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 97
To:Board of Supervisors
From:Joseph E. Canciamilla, Clerk-Recorder
Date:October 22, 2019
Contra
Costa
County
Subject:Refund Overpayment of Documentary Transfer Tax
BACKGROUND: (CONT'D)
Consumer's Title Company
Series #2019-0097862 $110.00 11246 Gold Express Drive
#101
Gold River, CA 95670
SPL Express, Inc.
Series #2019-0163220 $412.50 3380 N. San Fernando Road
Los Angeles, CA 90065
CONSEQUENCE OF NEGATIVE ACTION:
Failure to reimburse the parties would cause them to pay more than legally required for documentary
transfer tax.