HomeMy WebLinkAboutMINUTES - 11122019 - (2)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
November 12, 2019
9:00 A.M. Convene and announce adjournment to closed session in Room 101.
Closed Session
A. CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code § 54957.6)
1. Agency Negotiators: David Twa and Richard Bolanos.
Employee Organizations: Public Employees Union, Local 1; AFSCME Locals 512 and 2700; California Nurses Assn.; SEIU Locals
1021 and 2015; District Attorney Investigators’ Assn.; Deputy Sheriffs Assn.; United Prof. Firefighters I.A.F.F., Local 1230;
Physicians’ & Dentists’ Org. of Contra Costa; Western Council of Engineers; United Chief Officers Assn.; Contra Costa County
Defenders Assn.; Contra Costa County Deputy District Attorneys’ Assn.; Prof. & Tech. Engineers IFPTE, Local 21; and Teamsters
Local 856.
2. Agency Negotiators: David Twa.
Unrepresented Employees : All unrepresented employees.
B. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Gov. Code § 54956.9(d)(1))
Los Medanos Community Healthcare District v. Contra Costa Local Agency Formation Commission, Contra Costa County
Superior Court, Case No. C19-00048
1.
9:30 A.M. Call to order and opening ceremonies.
Inspirational Thought- "The veterans of our military services have put their lives on the line to protect the freedoms that we enjoy. They
have dedicated their lives to their country and deserve to be recognized for their commitment." ~ Judd Gregg, former Governor of New
Hampshire
Present: John Gioia, District I Supervisor; Candace Andersen, District II Supervisor; Diane Burgis, District III Supervisor; Karen Mitchoff,
District IV Supervisor; Federal D. Glover, District V Supervisor
Staff Present:David Twa, County Administrator
CONSIDER CONSENT ITEMS (Items listed as C.1 through C.54 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 for an update from Advisory Council on Aging. (Supervisor Andersen)
DISCUSSION ITEMS
D. 1 CONSIDER Consent Items previously removed.
There were no announcements from closed session.
D. 2 PUBLIC COMMENT (2 Minutes/Speaker)
Joseph DeLuca, Chair, Family and Childrens Trust committee, requested guidance from the Board. The committee
would like clarification from the Board on whether it’s intent is to limit FACT to a role as a grant management organization
or for FACT members to serve as community ambassadors for child abuse prevention and intervention in Contra Costa County. He
noted that there are community agencies who believe FACT members should not go out and be ambassadors in the community but
rather serve in a procurement role. The Board requested the County Administrator’s Office follow up on this matter with the
Director of the Employment and Human Services.
D.3 CONSIDER introducing Ordinance No. 2019-34 to prohibit the sale of tobacco vaping products, flavored tobacco products,
and menthol cigarettes, and to prohibit the sale or delivery of cannabis vaping products, WAIVE reading, and FIX November
19, 2019, for adoption. (Dan Peddycord, Public Health Director)
Speakers: Lynn Silver, UCSF; Nathan Rock, John Swett High School; Greg Kremenliar, NORML; Lauren Groni;
Cameron Shotwell; William Latimer; Akshaj Molorotia; Susan Canedeh; Marc Whitlaw; Yanett Torres; Cherise
Khaund; Dominic Vines, Courage; Rosa Ceja; Silvia Hinojasa; Francisco Tahuado; Jacquelyn Vera; Jack Parker,
Courage; Nicole McNab; Melody Mender; Ali Wohlgemuth; Laura Custodio; Sharell Scales Preston; Erica Costa,
American Lung Association; Nabila Sher, AMPD Coalition; Alisa Padon, Public Health institute; Pamela Epstein,
Eden Enterprise; Shareef El Sissi, Eden Enterprises; Laurie Light, Garden of Eden; Susan Rock; Mary Jaccodine,
CC Tobacco Coalition; Jaime Rich, ADAPT Lamorinda; Margo Connolly, ACS CAN; Kathryn Defen, ADAPT;
Blythe Young, American Heart Association; Shameka Bolds; Marcesha Cendir; Jo’Mya Futch; Andrea Rosillo;
Kemly Ocampo; Andrea Melendez, YTAPP; Ryan McNevin; Bryan Miller, American Cancer Society; Lori Brenmer,
American Cancer Society; Kathy Hoyt, ADAPT San Ramon; Nate Landaa; Andrea Hobbs, Eden Enterprises. The
following submitted written commentary (attached): Rachel Kincaid, Discovery Counseling Center; Mathew P.
White, M.D. and Suzanne Tavano, PhD, Contra Costa Behavioral Health; Matt Light; Marvin Cohen, Sara Bone,
Marge Graham, Brad Waite, Kathy Johnson, Stephen Shuss, Rick Young, of Rossmoor; Congressman Mark
DeSaulnier; Ryan Orihood, Bay Area Community Resources; Jen Grand-Lejano, American Cancer Society; Pamela
N. Epstiein Esq. LLM, Counsel for Eden Enterprises; parawin; Laura Nathan; Jacob Cogshall; Amy McNamare,
Associate Superintendent, Acalanes Union High School District.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
D.4 HEARING to consider adopting Resolution No. 2019/605, establishing new fees for services provided by the Animal
Services Department; and consider introducing Ordinance No. 2019-32, establishing the times when late fees accrue on unpaid
animal license fees, waive reading, and fix November 19, 2019, for adoption. (Beth Ward, Animal Services Director)
CLOSED the hearing; ADOPTED Resolution No. 2019/605 as amended to reflect an effective date of January 1, 2019;
INTRODUCED Ordinance No. 2019-32, establishing the times when late fees accrue on unpaid animal license fees, WAIVED
reading, and FIXED November 19, 2019, for adoption.
D.5 HEARING to consider adopting Ordinance No 2019-31, adopting the 2019 California Building, Residential, California
Green Building Standards, Electrical, Plumbing, Mechanical and Existing Building Codes, with changes, additions, and
deletions, as recommended by the Conservation and Development Director. (No fiscal impact) (Jason Crapo, Department of
Conservation and Development)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
D. 6 CONSIDER reports of Board members.
There were no items reported today.
11:00 A.M.
2019 Veterans' Day Celebration and Presentation of Colors to honor the men and women of Contra Costa County who have served and
are currently serving in our United States Armed Forces. (Nathan Johnson, Veterans Services Officer)
Closed Session
There were no announcements from Closed Session.
ADJOURN
Adjourned today's meeting at 2:22 p.m.
CONSENT ITEMS
Road and Transportation
C. 1 APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute an amendment to the Real Property Services
Agreement with the City of Saratoga, to increase the amount payable to Contra Costa County by $25,000 to a new payment
limit of $65,000, for additional right of way services in connection with the City’s Quito Road Bridge Replacement Project, as
recommended by the Public Works Director, Saratoga area. (100% City of Saratoga Funds)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
C. 2 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with Kerex
Engineering, Inc., to increase the payment limit by $150,000 to a new payment limit of $300,000, with no change to the term
March 28, 2017 to March 28, 2020 for the 2017 On-Call Concrete Services Contract(s) for various road and flood control
maintenance work, Countywide. (100% Local Road and 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, District V Supervisor Federal D. Glover
C. 3 ADOPT Traffic Resolution No. 2019/4488 to prohibit stopping, standing, or parking of vehicles on a section of Las Juntas
Way on the first Saturday of each month, between the hours of 12:00 AM and 4:00 AM for street sweeping, as recommended
by the Public Works Director, Walnut Creek area. (No fiscal impact)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
C. 4 ADOPT Resolution No. 2019/631 accepting as complete the contracted work performed by Dirt Dynasty, Inc., for the
Marsh Creek Road Traffic Safety Improvements Project, Brentwood and Clayton areas. (83% Federal Highway Safety
Improvement Program Funds and 17% East County Regional Area of Benefit Funds) (District III & IV)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
C. 5 ADOPT Resolution No. 2019/632 accepting as complete the contracted work performed by Pavement Coatings, Inc. for
the 2019 Asphalt Rubber Cape Seal Project, as recommended by the Public Works Director, Lafayette, Martinez, and San
Pablo areas. (10% CalRecycle Grant Funds and 90% Local Road Funds)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
Special Districts & County Airports
C. 6 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 execute a license agreement with Bridge Grayson Creek Associates, for use
of a portion of the Grayson Creek Flood Control Channel for emergency vehicle access, as recommended by the Chief
Engineer, Pleasant Hill area. (No fiscal impact)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
C. 7 Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District, APPROVE the
Three Creeks Parkway Restoration Project and take related actions under the California Environmental Quality Act, and
AUTHORIZE the Chief Engineer, Contra Costa County Flood Control and Water Conservation District, or designee, to
advertise the civil/earth work portion of the project, Brentwood area. (100% Flood Control Drainage Area 130 Funds)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
C. 8 Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District, ADOPT
Resolution No. 2019/630, and APPROVE and AUTHORIZE the Chief Engineer, or designee, to execute a related grant
agreement with the State of California, Wildlife Conservation Board, to accept a state Climate Adaptation and Resilience Grant
in the amount of $1,250,000, for the District’s Lower Walnut Creek Restoration Project, Walnut Creek Area, as recommended
by the Chief Engineer. (100% California Wildlife Conservation Board Funds)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
Claims, Collections & Litigation
C. 9 DENY claims filed by Jody L. Blanchard, Anthony Tyrone Garrison, Emerson and Sarah Gomez, Sarad Gyawali, Elijah
Hawkins III, Meera Paul, and Jeremy D. Recht for Recht Estate Trust. DENY amended claim filed by Leah Burris and M.S. a
minor.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
Honors & Proclamations
C. 10 ADOPT Resolution No. 2019/620 recognizing all Veterans in Contra Costa County, as recommended by Supervisor
Mitchoff.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
C. 11 ADOPT Resolution No. 2019/621 honoring Concord Vet Center Director Jeffrey Jewell on the occasion of his retirement,
as recommended by Supervisor Mitchoff.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
Ordinances
C. 12 INTRODUCE Ordinance No. 2019-33 calling a special election for voter approval of a 35-year countywide
transportation transaction and use tax, and consolidating the special election with the statewide primary election on March 3,
2020; WAIVE reading; and FIX November 19, 2019 for adoption, as recommended by the Conservation and Development
Director. (100% Contra Costa Transportation Authority funds)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
Hearing Dates
C. 13 FIX December 17, 2019, at 9:30 a.m., as the date and time of the hearing to consider adopting Resolution No. 2019/637
to approve increases in rental fees effective December 18, 2019, revised rental agreement documents, and new insurance
requirements for the Lefty Gomez Community Center, as recommended by the Public Works Director, Rodeo area. (100%
County Service Area R-10 Funds)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
C. 14 FIX December 17, 2019, at 9:30 a.m., as the date and time of the hearing to consider adopting Resolution No. 2019/639
to approve increases in rental fees effective December 18, 2019, revised rental agreement documents, and new insurance
requirements for the Montarabay Community Center, as recommended by the Public Works Director, San Pablo area. (100%
County Service Area M-17 Funds)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
Appointments & Resignations
C. 15 APPOINT Dr. Michelle Hernandez to the Community #4 seat on the Advisory Council on Equal Employment
Opportunity, as recommended by the Hiring Outreach Oversight Committee.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
C. 16 ACCEPT resignation of Dr. Aaron Bryant, DECLARE a vacancy in Community Member #2 seat on the Advisory
C. 16 ACCEPT resignation of Dr. Aaron Bryant, DECLARE a vacancy in Community Member #2 seat on the Advisory
Council on Equal Employment Opportunity, as recommended by the Advisory Council on Equal Employment Opportunity.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
Intergovernmental Relations
C. 17 ADOPT a position of support for the Urban Libraries Council's Statement on Equitable Public Access to E-Books, as
recommended by the County Librarian. (No fiscal impact)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
Personnel Actions
C. 18 ADOPT Position Adjustment Resolution Nos. 22531 to cancel one Information Systems Programmer IV (represented)
position and add one Sr. Business Analyst (represented) position; 22530 to cancel one Network Manager (represented) position
and add one Information Systems Manager I (represented) position; and 22529 to cancel one Supervising Accountant
(represented) position and add one Administrative Services Assistant III (represented) position, as recommended by the
Department of Information Technology. (Cost Savings)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
C. 19 ADOPT Position Adjustment Resolution No. 22542 to add one Administrative Services Assistant III (represented) and
one Intermediate Clerk-Project (represented) to the Community Services Bureau, as recommended by the Employment and
Human Services Director. (No County Funds)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
C. 20 ADOPT Position Adjustment Resolution No. 22527 to add one Network Administrator I position (represented) in the
Department of Information Technology. (100% User Fees)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
C. 21 ADOPT Position Adjustment Resolution No. 25528 to cancel one vacant Accountant I (represented) position and add one
Account Clerk Supervisor (represented) position in the Department of Information Technology. (Cost Neutral)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
C. 22 ADOPT Position Adjustment Resolution No. 22549 to reallocate the salary of the County Finance Director - Exempt
(unrepresented) in the County Administrator's Office, as recommended by the County Administrator.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
Grants & Contracts
APPROVE and AUTHORIZE execution of agreements between the County and the following agencies for receipt of fund
and/or services:
C. 23 APPROVE and AUTHORIZE the Public Defender, or designee, to accept funding from philanthropic organizations, in an
aggregate amount of $455,000, to support Contra Costa's Stand Together Contra Costa program to support legal services for
immigrants residing in Contra Costa County for the fiscal year of 2019-2020. (100% Restricted Donation revenue)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
C. 24 ADOPT Resolution No. 2019/629 authorizing the Conservation and Development Director to apply for and execute
C. 24 ADOPT Resolution No. 2019/629 authorizing the Conservation and Development Director to apply for and execute
documents to accept grant funds in the amount of $310,000 from the State of California's Senate Bill 2 Planning Grant Program
to fund various activities that promote the development of housing in unincorporated Contra Costa County, for the period
March 28, 2019 through June 30, 2022. (100% State Funds, no County match)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
C. 25 APPROVE and AUTHORIZE the Agricultural Commissioner, or designee, to execute an agreement with the California
Department of Food and Agriculture in an amount not to exceed $25,547 to reimburse the County for services for the Bee Safe
Program for the period July 1, 2019 through June 30, 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, District V Supervisor Federal D. Glover
C. 26 ACCEPT Resolution No. 2019/627 to approve and authorize the Employment and Human Services Director, or designee,
to execute a contract amendment with California Department of Aging to increase the payment limit by $181,969 to a new
payment limit of $4,928,778 with no change in term July 1, 2019 through June 30, 2020. (12% State, 88% Federal)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
C. 27 APPROVE and AUTHORIZE the Agricultural Commissioner, or designee, to execute an agreement with the California
Department of Food and Agriculture to reimburse the County in an amount not to exceed $869 for plant nursery inspections
and related enforcement activities for the period July 1, 2019 through June 30, 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, District V Supervisor Federal D. Glover
C. 28 APPROVE and AUTHORIZE the Health Services Director, or designee, to accept a grant award from the Department of
Health Care Services, Children Medical Services, to pay the County an amount not to exceed $1,522,480 for the Child Health
and Disability Prevention, Health Care Program for children in foster care including psychotropic medication management and
monitoring oversight activities for the period July 1, 2019 through June 30, 2020. (82% State, 18% County match)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
APPROVE and AUTHORIZE execution of agreement between the County and the following parties as noted for the purchase
of equipment and/or services:
C. 29 APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute legal documents
associated with the loan of $350,000 in Community Development Block Grant funds to finance the rehabilitation of Chesley
Mutual Housing Rehabilitation Project in Richmond. (100% Federal)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
C. 30 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Collective Medical
Technologies, Inc., in an amount not to exceed $25,000 to provide software subscription and support for the Contra Costa
Regional Medical Center, for the period February 13, 2019 through February 12, 2022. (100% Hospital Enterprise Fund I)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
C. 31 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with United Family Care,
LLC (dba Family Courtyard), in an amount not to exceed $315,725 to provide augmented board and care services for
County-referred mentally disordered clients for the period December 1, 2019 through November 30, 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, District V Supervisor Federal D. Glover
C. 32 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with
STAND! For Families Free of Violence, a non-profit corporation, in an amount not to exceed $326,500 to continue
implementation of the Phase III Lethality Assessment Program for Domestic Violence Homicide Prevention for the period
October 1, 2019 through September 30, 2020. (100% Federal)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
C. 33 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Toyon Associates,
Inc., in an amount not to exceed $250,000 to provide consultation and technical assistance regarding Medicare Auditing and
Reporting for the period January 1, 2020 through December 31, 2021. (100% Hospital Enterprise I Funds)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
C. 34 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a purchase
order with Express Scripts Pharmacy, Inc., in an amount not to exceed $500,000 for pharmaceuticals used at the Contra Costa
Regional Medical Center and Health Centers, Martinez Detention Facility, and West County Detention Facility for the period
December 1, 2019 through November 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, District V Supervisor Federal D. Glover
C. 35 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Sharjo, Inc. (dba
Servicemaster Restoration Services), in an amount not to exceed $300,000 to provide emergency restoration services to resolve
emergency events requiring immediate assistance as determined by the Facilities Administration staff at Contra Costa Regional
Medical Center and Health Centers for the period December 1, 2019 through November 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, District V Supervisor Federal D. Glover
C. 36 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Siri Sunderi Cheng,
M.D., in an amount not to exceed $390,000 to provide otolaryngology services for Contra Costa Regional Medical Center and
Health Center patients for the period October 1, 2019 through September 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, District V Supervisor Federal D. Glover
C. 37 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Mark Kogan, M.D., in
an amount not to exceed $300,000 to provide gastroenterology services for Contra Costa Regional Medical Center and Health
Center patients for the period January 1, 2020 through December 31, 2022. (100% Hospital Enterprise Fund I)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
C. 38 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Lee A. Shratter,
M.D., in an amount not to exceed $1,230,000 to provide radiology services at Contra Costa Regional Medical Center and
Health Centers for the period January 1, 2020 through December 31, 2022. (100% Hospital Enterprise Fund I)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
C. 39 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with PH Senior Care, LLC
(dba Pleasant Hill Manor) in an amount not to exceed $803,400 to provide augmented residential board and care services,
including room, board, care and supervision for County-referred mentally disordered clients for the period December 1, 2019
through November 30, 2020. (88% Mental Health Realignment funds, 12% Mental Health Services Act)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
C. 40 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Robert Liebig, M.D.,
in an amount not to exceed $1,905,000 to provide radiology services at Contra Costa Regional Medical Center and Health
Centers for the period January 1, 2020 through December 31, 2022. (100% Hospital Enterprise Fund I)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
C. 41 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Peyman
Keyashian, M.D., effective December 1, 2019, to increase the payment limit by $115,000 to a new payment limit of $680,000,
to provide additional anesthesiology services at Contra Costa Regional Medical Center and Health Centers with no change in
the term February 1, 2019 through January 31, 2020. (100% Hospital Enterprise Fund I)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
C. 42 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract amendment with Ikechi Ogan
M.D., to increase the payment limit by $500,000 to a new payment limit of $1,000,000 for the provision of forensic pathology
services for the term of October 1, 2018 through September 30, 2020. (100% General Fund)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
C. 43 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Total Firearms Training in an
amount not to exceed $215,600 to provide firearms range safety management for Sheriff's personnel and range visitors for the
period January 1, 2019 through December 31, 2020. (70% General Fund, 30% Participant Fees)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
C. 44 APPROVE and AUTHORIZE the Interim Risk Manager, or designee, to execute a contract with Tuell & Associates in an
amount not to exceed $400,000 to provide workers' compensation staffing services for the period of November 1, 2019 through
October 31, 2020. (100% Workers' Compensation Internal Service Fund)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
Other Actions
C. 45 APPROVE and AUTHORIZE County Counsel or her designee to execute on behalf of the County a form consenting to
joint representation of the County and Housing Consortium of the East Bay (HCEB) by Goldfarb and Lipman LLP in
connection with a grant by the County of approximately $1.2 million of Local Government Special Needs Housing Program
funds to pay for HCEB’s acquisition of real property in Richmond for use as affordable rental housing.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
C. 46 ACCEPT report regarding Contra Costa County's appointments to the Regional Measure 3 Independent Oversight
Committee, as recommended by the Conservation and Development Director.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
C. 47 APPROVE the delegation of authority to the County Treasurer for investing and reinvesting County funds and the funds
of other depositors in the County treasury, or to sell or exchange securities so purchased, pursuant to section 53607 of the State
Government Code.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
C. 48 ACCEPT the October 2019 Operations Update of the Employment and Human Services Department, Community
Services Bureau, as recommended by the Employment and Human Services Director.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
C. 49 REVIEW and ACCEPT the Office of Equal Employment Opportunity's Annual Outreach Report, and the Departmental
Outreach Plans for FY 2019 - 2020 as recommended by the Hiring Outreach Oversight Committee.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
C. 50 APPROVE the 2018 Annual Crop Report and AUTHORIZE the Agricultural Commissioner, or designee, to submit the
publication to the California Department of Food and Agriculture. (No fiscal impact)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
C. 51 APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute an exclusive
negotiating agreement with EAH, Inc., for the development of senior housing and approximately 1,250 sq. ft. of space for
senior citizen programs on a 0.98 acre property located near Willow Avenue and San Pablo Avenue in Rodeo. (100% Housing
Successor funds)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
C. 52 Acting as the Governing Board of the Contra Costa County Housing Authority, ADOPT the proposed 2020 meeting
schedule for the Housing Authority of the County of Contra Costa Board of Commissioners, as recommended by the Housing
Authority Executive Director.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
C. 53 Acting as the Governing Board of the Contra Costa County Housing Authority, DENY claim filed by LaTanya Warren.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
C. 54 APPROVE and AUTHORIZE the County Librarian, or designee, to close all branches of the County Library in
accordance with a 2020 holiday and training schedule. (No fiscal impact)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis,
District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
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 December 23, 2019 Canceled
December 16, 2019 Special Meeting
2:00 p.m. See above
Hiring Outreach Oversight Committee TBD TBD See above
Internal Operations Committee December 9, 2019 1:00 p.m.See above
Legislation Committee December 9, 2019 canceled
Special Meeting December 19, 2019
10:30 a.m.Room 108
Potential Sales Tax Measure Committee November 18, 2019 2:00 p.m.See above
Public Protection Committee December 2, 2019 10:30 a.m.See above
Sustainability Committee Special Meeting December 9, 2019 9:30 a.m.Room 108
Transportation, Water & Infrastructure Committee 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):
INTRODUCE Ordinance No. 2019-34 to prohibit the sale of tobacco vaping products, flavored tobacco products, and
menthol cigarettes, and to prohibit the sale or delivery of cannabis vaping products, WAIVE reading, and FIX
November 19, 2019, for adoption.
FISCAL IMPACT:
There are minimal fiscal impacts associated with the amendment of the Tobacco Retailing Ordinance, as a portion of
Prop 56 and 99 funding Contra Costa Health Service receives for its Tobacco Prevention Project could be allocated
for implementation.
BACKGROUND:
1. Introduction
On September 10, 2019, the Board of Supervisors directed staff to prepare an ordinance that would prohibit
the sale of vaping products in the unincorporated county to address mounting concerns related to the rapid
increase in use of these product by minors and the co-occurring epidemic of serious lung disease that has
been linked to the use of vaping devices.
On October 07, 2019, staff presented a report to the Family and Human Services Committee regarding the
proposed prohibition on the sale of vaping products. The Committee accepted the report and discussed the
recommendations presented by staff. The Committee recommended that staff review the FDA approval
process for new tobacco products, including e-cigarettes, and to address cannabis vaping products in the
proposed ordinance. The Committee further recommended that the proposed ordinance prohibit the sale of
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V
Supervisor
Contact: Ryyn Shumacher,
(925)313-6825
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: R. Schumacher, D. Peddycord, J.Enea, J. Reyes, Marcy Wilhelm
D.3
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:November 12, 2019
Contra
Costa
County
Subject:Ordinance No. 2019-34 prohibiting the sale of electronic smoking devices and e-liquids
flavored tobacco products in the entire unincorporated county.
2.
BACKGROUND: (CONT'D)
Summary of Ordinance No. 2019-34
Ordinance No. 2019-34 implements the Board of Supervisor’s direction to prohibit the sale of vaping
products and implements the Family and Human Services Committee’s further recommendations
regarding flavored tobacco products. Specifically, the ordinance:
Amends Division 445 (Secondhand Smoke and Tobacco Product Control) of the
County Ordinance Code to prohibit the sale of any electronic smoking device or
e-liquid that is required to obtain, but has not yet obtained, a premarket review order
from the U.S. Food and Drug Administration pursuant to the federal Family
Smoking Prevention and Tobacco Control Act.
Amends Chapter 413-4 (Commercial Cannabis Health Permits) of the County
Ordinance Code to prohibit the sale or delivery of any e-liquid that contains
tetrahydrocannabinol or any other cannabinoid, and to prohibit the sale or delivery of
any electronic smoking device that can be used to deliver tetrahydrocannabinol or
any other cannabinoid in aerosolized or vaporized form.
Amends Section 445-6.006 of the County Ordinance Code to prohibit the sale of
flavored tobacco products and menthol cigarettes. Currently, the sale of these
products is only prohibited within 1,000 feet of a public or private school,
playground, park, or library. The proposed ordinance will make the prohibition
effective in all of the unincorporated County.
3. Tobacco Vaping Products
Nationwide, electronic cigarette and electronic smoking device use has increased at alarming rates since
the first electronic smoking device products became available about 10 years ago. While there have been
many successful efforts to reduce underage tobacco use, the growing availability of electronic cigarettes
and flavored tobacco products has reversed positive trends in public health. Electronic cigarettes have
often been depicted as an effective cessation device for adults, although the FDA has not approved the
product for this use. At a Congressional hearing held by US House Committee on Energy and
Commerce in September 2019, Dr. Norman "Ned" Sharpless, the Acting Commissioner of the FDA
stated that "e-cigarette products are not safe." Dr. Sharpless went on to state that all electronic cigarettes
currently on the market are illegal because they haven't been assessed by the FDA. Additionally, at least
one study has concluded that for every additional adult who quits smoking using electronic cigarettes,
there are 80 additional youth who initiate daily tobacco use through electronic cigarettes (Soneji et. al.
2018).
The proposed ordinance would prohibit the sale of any electronic smoking device or e-liquid that is
required to obtain, but has not yet obtained, a premarket review order from the U.S. Food and Drug
Administration pursuant to the federal Family Smoking Prevention and Tobacco Control Act.
To protect the public, especially youth, against the health risks created by tobacco products, Congress
enacted the Family Smoking Prevention and Tobacco Control Act (Act) in 2009. Among other things,
the Act authorizes the U.S. Food and Drug Administration (FDA) to set national standards governing the
manufacture of tobacco products, to limit levels of harmful components in tobacco products, and to
require manufacturers to disclose information and research relating to the products’ health effects.
A central requirement of the Act is the FDA’s premarket review of all new tobacco products.
Specifically, every “new tobacco product”—defined to include any tobacco product not on the market in
the United States as of February 15, 2007—must be authorized by the FDA for sale in the United States
before it may enter the marketplace. A new tobacco product may not be marketed until the FDA has
found that the product is: (1) appropriate for the protection of the public health upon review of a
premarket application; (2) substantially equivalent to a grandfathered product; or (3) exempt from
substantial equivalence requirements.
In determining whether the marketing of a tobacco product is appropriate for the protection of the public
health, the FDA must consider the risks and benefits of the product to the population as a whole,
including users and nonusers of the tobacco product, and taking into account the increased or decreased
likelihood that existing users of tobacco products will stop using tobacco products and the increased or
decreased likelihood that those who do not use tobacco products will start using tobacco products.
Where an application is insufficient to show that permitting the new tobacco product would be
appropriate for the protection of the public health, the Act requires the FDA to deny the application for
premarket review.
Virtually all tobacco vaping products sold today entered the market after 2007 and are considered “new
tobacco products,” but have not yet obtained a premarket review order from the FDA. In 2017, the FDA
issued Guidance that purported to give vaping product manufacturers until August 2022 to submit their
application for premarket review. That Guidance further purported to allow unapproved products to stay
on the market indefinitely, until such time as the FDA complies with its statutory duty to conduct a
premarket review to determine whether a new tobacco product poses a risk to public health. More
recently, in May and June 2019, a federal District Court vacated the FDA’s 2017 Guidance and ordered
that applications for some new tobacco products be filed with the FDA by May 2020. However, it is still
not clear how or when the FDA will conduct the required premarket reviews for the numerous
unapproved products currently on the market.
The FDA’s delay in reviewing tobacco vaping products has allowed manufacturers to introduce and
market products that appeal to kids and set the stage for the youth e-cigarette epidemic. Manufacturers
have introduced sweet-flavored, high-nicotine products like Juul without any review of their appeal to
kids or public health impact. The result was a 135% increase in e-cigarette use among high school
students from 2017 to 2019. Unfortunately, nearly all tobacco vaping products (except IQOS) on the
market have not obtained a premarket review order and the FDA has not taken appropriate action to
enforce the requirements of the Tobacco Control Act.
4. Cannabis Vaping Products
The proposed ordinance would prohibit the sale or delivery of any e-liquid that contains
tetrahydrocannabinol or any other cannabinoid, and to prohibit the sale or delivery of any electronic
smoking device that can be used to deliver tetrahydrocannabinol or any other cannabinoid in aerosolized
or vaporized form.
Currently the United States is experiencing a public health crisis as a result of the high number of
pulmonary injuries related to vaping which are assaulting our communities in epidemic proportions. As
of October 29, 2019, 1,888 cases (the youngest is 13) of electronic cigarette, or vaping, product use
associated lung injury had been reported to the Centers for Disease Control and Prevention (CDC) from
49 states, the District of Columbia and 1 U.S. territory. 37 deaths have been confirmed, occurring in 24
states across the nation, with 3 having been confirmed in California. Among 867 patients with
information on substances used in electronic cigarettes (as of October 15, 2019), about 86% reported
using THC-containing products; 34% reported exclusive use of THC-containing products.
The CDC has recommended that the public not use electronic cigarettes or vaping products that contain
THC. The CDC has also recommended that people should not buy any type of electronic cigarette or
vaping product, particularly those containing THC, off the street, or modify or add any substances to
electronic cigarette or vaping products that are not intended by the manufactory, including products
purchased through retail establishments.
The California Department of Public Health, the CDC, and the FDA have released a health alert to
inform communities about the health risks associated with vaping any product, including the use of
electronic cigarettes, as vaping has been linked to severe breathing problems and lung damage developed
in a matter of months or even weeks. The advisory recommends all users to refrain from vaping, no
matter the substance or source. Vaping nicotine or cannabis is dangerous and potentially deadly for any
user.
After the approval of Proposition 64 in November 2016 that legalized recreational adult use of cannabis
in California, Contra Costa County implemented measures to regulate the establishment of commercial
cannabis businesses in the unincorporated areas of the County, including the retail sale and delivery of
cannabis and cannabis products. Currently, the County is considering eligible proposals for some forms
of commercial cannabis businesses.
There is growing evidence of harms associated with youth cannabis use. In a recent systematic review
and meta-analysis of studies published in JAMA Pediatrics August 2019, findings revealed a significant
increase in the odds of past or current and subsequent cannabis use in adolescents and young adults who
used electronic cigarettes. The odds of cannabis use were 3.5 times greater in adolescents and young
adults who had a history of electronic cigarette use compared with individuals who denied use. These
findings highlight the importance of addressing the rapid increases in electronic cigarette use among
youths to help limit cannabis use in this population. Adolescents (aged 12 to 17 years) exhibited a
stronger association between electronic cigarette and cannabis use than those conducted in young
adults.
Proposition 64 reserved to local jurisdictions broad authority to regulate commercial cannabis
businesses. Specifically, a local jurisdiction may establish standards, requirements, and regulations
regarding health and safety in addition to those imposed by the State.
5. Flavored Tobacco Products
Four out of five youth who vape nicotine, vape flavored nicotine (NIH, 2019). Youth who are 15-16
years-old are more likely to use JUUL than any other age group (Truth Initiative, 2019). Given the
relationship between vaping and the associated epidemic of serious lung disease staff recommends,
consistent with the recommendation from the Family and Human Services Committee, that the sale of
flavored tobacco products and menthol cigarettes be prohibited in all of the unincorporated county.
In July 2017, the Board adopted Ordinance No. 2017-01 that, among other things, prohibited the sale of
flavored tobacco products and menthol cigarettes within 1,000 feet of a public or private school,
playground, park, or library. The proposed amendment extends the prohibition on flavored tobacco
products to the entire unincorporated county.
CONSEQUENCE OF NEGATIVE ACTION:
The sale and delivery of electronic smoking devices and e-liquids and the sale of flavored tobacco products in
Contra Costa County will continue to negatively impact the health of the community and will continue the
expansion of tobacco influence on youth through vape and vaping associated products.
CHILDREN'S IMPACT STATEMENT:
The proposed ordinance would prohibit the sale or delivery of electronic smoking devices and e-liquids and
prohibit the sale of flavored tobacco products in the entirety of the entire unincorporated county. The intent of the
proposed ordinance is to reduce tobacco influence on youth and the associated negative health impacts.
CLERK'S ADDENDUM
Speakers: Lynn Silver, UCSF; Nathan Rock, John Swett High School; Greg Kremenliar,
NORML; Lauren Groni; Cameron Shotwell; William Latimer; Akshaj Molorotia; Susan
Canedeh; Marc Whitlaw; Yanett Torres; Cherise Khaund; Dominic Vines, Courage; Rosa Ceja;
Silvia Hinojasa; Francisco Tahuado; Jacquelyn Vera; Jack Parker, Courage; Nicole McNab;
Melody Mender; Ali Wohlgemuth; Laura Custodio; Sharell Scales Preston; Erica Costa,
American Lung Association; Nabila Sher, AMPD Coalition; Alisa Padon, Public Health institute;
Pamela Epstein, Eden Enterprise; Shareef El Sissi, Eden Enterprises; Laurie Light, Garden of
Eden; Susan Rock; Mary Jaccodine, CC Tobacco Coalition; Jaime Rich, ADAPT Lamorinda;
Margo Connolly, ACS CAN; Kathryn Defen, ADAPT; Blythe Young, American Heart
Association; Shameka Bolds; Marcesha Cendir; Jo’Mya Futch; Andrea Rosillo; Kemly Ocampo;
Andrea Melendez, YTAPP; Ryan McNevin; Bryan Miller, American Cancer Society; Lori
Brenmer, American Cancer Society; Kathy Hoyt, ADAPT San Ramon; Nate Landaa; Andrea
Hobbs, Eden Enterprises.
The following submitted written commentary (attached): Rachel Kincaid, Discovery Counseling
Center; Mathew P. White, M.D. and Suzanne Tavano, PhD, Contra Costa Behavioral Health;
Matt Light; Marvin Cohen, Sara Bone, Marge Graham, Brad Waite, Kathy Johnson, Stephen
Shuss, Rick Young, of Rossmoor; Congressman Mark DeSaulnier; Ryan Orihood, Bay Area
Community Resources; Jen Grand-Lejano, American Cancer Society; Pamela N. Epstiein Esq.
LLM, Counsel for Eden Enterprises; parawin; Laura Nathan; Jacob Cogshall; Amy McNamare,
Associate Superintendent, Acalanes Union High School District.
AGENDA ATTACHMENTS
Ordinance No. 2019-34 Redline
Ordinance No. 2019-34 Clean
Family and Human Services Committee Report
MINUTES ATTACHMENTS
Correspondence Received
ORDINANCE NO. 2019-XX REDLINE VERSION – DRAFT 2
1
DIVISION 445
SECONDHAND SMOKE AND TOBACCO
PRODUCT CONTROL
Chapter 445-2
GENERAL PROVISIONS
445-2.002 Title.
This division is known as the secondhand smoke and tobacco product control ordinance of
Contra Costa County.
(Ords. 2006-66 § 4, 98-43 § 2, 91-44 § 2)
445-2.004 Purpose.
The purposes of this division are to protect the public health, safety and welfare against the
health hazards and harmful effects of the use of addictive tobacco products; and further to
maintain a balance between the desires of persons who smoke and the need of nonsmokers to
breathe smoke-free air, while recognizing that where these conflict, the need to breathe smoke-
free air shall have priority.
(Ords. 2006-66 § 4, 98-43 § 2, 91-44 § 2)
445-2.006 Definitions.
For the purposes of this division, the following words and phrases have the following
meanings:
(a) “Characterizing flavor” means a distinguishable taste or aroma imparted by a tobacco
product or any byproduct produced by the tobacco product that is perceivable by an
ordinary consumer by either the sense of taste or smell, other than the taste or aroma of
tobacco. A “characterizing flavor” includes, but is not limited to, a taste or aroma
relating to a fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage,
menthol, mint, wintergreen, herb, or spice.
(b) “Cigar” means any roll of tobacco other than a cigarette wrapped entirely or in part in
tobacco or any substance containing tobacco and weighing more than three pounds
per thousand.
(c) “Constituent” means any ingredient, substance, chemical, or compound, other than
tobacco, water, or reconstituted tobacco sheet, that is added by the manufacturer to a
tobacco product during the processing, manufacture, or packing of the tobacco product.
(d) “Consumer” means a person who purchases a tobacco product for consumption and
ORDINANCE NO. 2019-XX REDLINE VERSION – DRAFT 2
2
not for sale to another.
(e) “E-liquid” means any substance that is intended to be consumed in aerosolized or
vaporized form using an electronic smoking device, regardless of the nicotine content
of the substance.
(f) “Electronic smoking device” means any electronic device or delivery system that can
be used to deliver to a person, in aerosolized or vaporized form, an inhaled dose of
nicotine, tetrahydrocannabinol, or any other cannabinoid, or other substancesincluding
but not limited to an electronic cigarette, electronic cigar, electronic pipe, electronic
hookah, or vape pen. An “electronic smoking device” includes a device that is
manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic
cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, a vape pen, or a
vapor pen. “Electronic smoking device” includes any component, part, or accessory of
such a device, including but not limited to a cartridge, that is used during the operation
of the device.
(gf) “Enclosed” means all space between a floor and ceiling where the space is closed in on
all sides by solid walls or windows that extend from the floor to the ceiling. An
enclosed space may have openings for ingress and egress, such as doorways or
passageways. An enclosed space includes all areas within that space, such as hallways
and areas screened by partitions that do not extend to the ceiling or are not solid.
(hg) “Flavored tobacco product” means any tobacco product, other than cigarettes as
defined by federal law, that contains a constituent that imparts a characterizing flavor.
A tobacco product whose labeling or packaging contains text or an image indicating
that the product imparts a characterizing flavor is presumed to be a flavored tobacco
product.
(ih) “Little cigar” means any roll of tobacco other than a cigarette wrapped entirely or in part
in tobacco or any substance containing tobacco and weighing no more than three pounds
per thousand. “Little cigar” includes, but is not limited to, any tobacco product known
or labeled as “small cigar” or “little cigar.”
(ji) “Package” or “packaging” means a pack, box, carton, or container of any kind, or
any wrapping, in which a tobacco product is sold or offered for sale to a consumer.
(kj) “Menthol cigarettes” means cigarettes as defined by federal law, that have a
characterizing flavor of menthol, mint, or wintergreen, including cigarettes advertised,
labeled, or described by the manufacturer as possessing a menthol characterizing
flavor.
(lk) “Multi-unit residence” means a building that contains two or more dwelling units,
including but not limited to apartments, condominiums, senior citizen housing, nursing
ORDINANCE NO. 2019-XX REDLINE VERSION – DRAFT 2
3
homes, and single room occupancy hotels. A primary residence with an attached or
detached accessory dwelling unit permitted pursuant to Chapter 82-24 of this code is
not a multi-unit residence for purposes of this division.
(ml) “Multi-unit residence common area” means any indoor or outdoor area of a multi-unit
residence accessible to and usable by residents of different dwelling units, including
but not limited to halls, lobbies, laundry rooms, common cooking areas, stairwells,
outdoor eating areas, play areas, swimming pools, and carports.
(nm) “Place of employment” means any area under the control of an employer, business, or
nonprofit entity that an employee, volunteer, or the public may have cause to enter in
the normal course of operations, regardless of the hours of operation. Places of
employment include, but are not limited to: indoor work areas; bars; restaurants; hotels
and motels, including all guest rooms; vehicles used for business purposes; taxis;
employee lounges and breakrooms; conference and banquet rooms; bingo and gaming
facilities; long-term health care facilities; warehouses; retail or wholesale tobacco
shops; and private residences used as licensed child-care or health-care facilities when
employees, children, or patients are present and during business hours. The places
specified in subdivisions (e)(1), (2), (6), and (7) of Labor Code section 6404.5 are
places of employment for the purposes of this division and are regulated as specified in
this division. The places specified in subdivisions (e)(3), (4), and (5) of Labor Code
section 6404.5 are not places of employment for the purposes of this division.
(on) “Public place” means any area to which the public is invited or in which the public
is permitted. A private residence is not a public place.
(po) “Self-service display” means the open display or storage of tobacco products or
tobacco paraphernalia in a manner that is physically accessible in any way to the
general public without the assistance of the retailer or employee of the retailer. A
vending machine is a form of self-service display.
(qp) “Service area” means any area designed to be or regularly used by one or more persons
to receive or wait to receive a service, enter a public place, or make a transaction,
whether or not the service involves the exchange of money. “Service areas” include but
are not limited to automatic teller machine waiting areas, bank teller windows, ticket
lines, bus stops and taxi stands.
(rq) “Smoke” means the gases, particles, or vapors released into the air as a result of
combustion, electrical ignition, or vaporization when the apparent or usual purpose of
the combustion, electrical ignition, or vaporization is human inhalation of the
byproduct, except when the combusting or vaporizing material contains no tobacco or
nicotine or illegal substances, and the purpose of inhalation is solely olfactory, such as,
for example, smoke from incense. The term “smoke” includes, but is not limited to,
tobacco smoke, electronic smoking device vapors, marijuana smoke, and smoke from
ORDINANCE NO. 2019-XX REDLINE VERSION – DRAFT 2
4
any illegal substance.
(sr) “Smoking” means inhaling, exhaling, burning, or carrying any lighted, heated, or
ignited cigar, cigarette, cigarillo, pipe, hookah, electronic smoking device, or any
plant product intended for human inhalation.
(ts) “Tobacco paraphernalia” means any item designed or marketed for the consumption,
use, or preparation of tobacco products.
(ut) “Tobacco product” means any of the following:
(1) Any product containing, made from, or derived from tobacco or nicotine that is
intended for human consumption, whether smoked, heated, chewed, absorbed,
dissolved, inhaled, snorted, sniffed, or ingested by any other means, including
but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco,
and snuff.
(2) Any electronic smoking device that contains nicotine or can be used to deliver
nicotine in aerosolized or vaporized form.
(3) Any component, part, or accessory of a tobacco product, whether or not it is
sold separately.
(4) “Tobacco product” does not include any product that has been approved by the
United States Food and Drug Administration for sale as a tobacco cessation
product or for other therapeutic purposes where the product is marketed and
sold solely for that approved purpose.
(vu) “Tobacco retailer” means any individual or entity who sells, offers for sale, or exchanges
or offers to exchange for any form of consideration, tobacco, tobacco products, or
tobacco paraphernalia. “Tobacco retailing” means the doing of any of these things. This
definition is without regard to the quantity of tobacco products or tobacco paraphernalia
sold, offered for sale, exchanged, or offered for exchange.
(Ords. 2019-34 § 2, 2018-07 § 7, 2017-01 § 2, 2013-10 § 2, 2010-10 § 2, 2006-66 § 4, 98-43 §
2, 91-44 § 2.)
(Ords. 2018-07 § 7, 2017-01 § 2, 2013-10 § II, 4-9-13, 2010-10 § II, 10-12-10, 2006-66 § 4, 98
43 § 2, 91-44 § 2).
ORDINANCE NO. 2019-XX REDLINE VERSION – DRAFT 2
5
Chapter 445-6
TOBACCO SALES
445-6.002 Self-service displays.
(a) It is unlawful for any person or tobacco retailer to sell, permit to be sold, offer for sale, or
display for sale any tobacco product or tobacco paraphernalia by means of self-service
display, vending machine, rack, counter-top or shelf that allows self-service sales for any
tobacco product or tobacco paraphernalia.
(b) All tobacco products and tobacco paraphernalia shall be offered for sale exclusively by
means of vendor or employee assistance. Tobacco products and tobacco paraphernalia
shall be kept in a locked case that requires employee assistance to retrieve the tobacco
products or tobacco paraphernalia.
(Ords. 2006-66 § 6, 98-43 § 2).
445-6.004 Distribution of free samples and coupons.
It is unlawful for any person, agent, or employee of a person in the business of selling or
distributing cigarettes or other tobacco or smoking products to distribute, or direct, authorize, or
permit any agent or employee to distribute, any of the following to any person on any public
street or sidewalk or in any public park or playground or on any other public ground or in any
public building:
(a) Any tobacco product;
(b) Coupons, certificates, or other written material that may be redeemed for tobacco
products without charge.
(Ords. 2006-66 § 6, 91-44 § 2)
445-6.006 Flavored tobacco products and menthol cigarettes.
No tobacco retailer may sell, offer for sale, or exchange or offer to exchange for any form of
consideration, to a consumer any flavored tobacco product or menthol cigarette.It is a
violation of this division for any tobacco retailer to sell or offer for sale any flavored tobacco
product or menthol cigarettes within 1,000 feet of any parcel occupied by a public or private
school, playground, park, or library. For the purposes of this section, distance is measured by
the shortest line connecting any point on the property line of the parcel where the tobacco
retailer operates to any point on the property line of the other parcel.
(Ords. 2019-34 § 6, 2017-01 § 4).
ORDINANCE NO. 2019-XX REDLINE VERSION – DRAFT 2
6
445-6.008 Packaging and labeling.
No tobacco retailer may sell any tobacco product to any consumer unless that product is sold in
the original manufacturer’s packaging intended for sale to consumers and conforms to all
applicable federal labeling requirements.
(Ord. 2017-01 § 5).
445-6.010 Minimum package size for little cigars and cigars.
No tobacco retailer may sell to a consumer any of the following:
(a) Any little cigar unless it is sold in a package of at least ten little cigars.
(b) Any cigar unless it is sold in a package of at least ten cigars. This subsection does not
apply to a cigar that has a price of at least $5 per cigar, including all applicable taxes
and fees.
(Ord. 2017-01 § 6).
445-6.012 Identification required.
No tobacco retailer may sell or transfer a tobacco product or tobacco paraphernalia to a person
who reasonably appears to be under the age of 27 years without first examining the identification
of the recipient to confirm that the recipient is at least the minimum age under state law to
purchase the tobacco product or tobacco paraphernalia.
(Ord. 2017-01 § 7).
445-6.014 Electronic smoking devices and e-liquids.
No tobacco retailer may sell, offer for sale, or exchange or offer to exchange for any form of
consideration, to a consumer any electronic smoking device or e-liquid where the electronic
smoking device or e-liquid:
(a) Is a new tobacco product as defined in Section 387j(a)(1) of Title 21 of the U.S. Code;
(b) Requires premarket review under Section 387j of Title 21 of the U.S. Code; and
(c) Does not have a premarket review order issued under Section 387j(c)(1)(A)(i) of Title 21
of the U.S. Code.
(Ord. 2019-34 § 3.)
ORDINANCE NO. 2019-XX REDLINE VERSION – DRAFT 2
7
Chapter 413-4
COMMERCIAL CANNABIS HEALTH PERMITS
Article 413-4.6
COMMERCIAL CANNABIS ACTIVITY HEALTH STANDARDS
413-4.602 Standards for all permittees.
A permittee shall comply with all of the following standards.
(a) Compliance with State and Local Laws. A permittee shall comply with all state and local
laws and regulations.
(b) State License. A permittee shall maintain a valid state license. A permittee shall notify
the director within three days after receiving any notices of violations or other corrective
action ordered by a state or other local licensing authority.
(c) Business License. A permittee shall maintain a valid county business license.
(d) Hours of Operation. All permitted facilities shall be closed to the general public, and
deliveries are prohibited, between the hours of 9:00 p.m. and 8:00 a.m. the following day.
(Ord. No. 2018-23, § II, 8-7-18)
413-4.604 Commercial cannabis activity standards.
A permittee engaged in a commercial cannabis activity shall comply with all of the following
standards in addition to the standards specified in Section 413-4.602.
(a) Land Use Entitlements. A permittee shall maintain a valid land use permit issued
pursuant to Chapter 88-28 authorizing the commercial cannabis activity.
(b) Odor Control. A permittee shall prevent odors generated from the permitted commercial
cannabis activity from impacting neighboring parcels or creating a public nuisance.
Unresolved or repeated odor complaints may be a basis for revocation of the permit or
denial of permit renewal.
(c) No Consumption on Premises. No cannabis or cannabis product may be smoked,
ingested, or otherwise consumed on the premises.
ORDINANCE NO. 2019-XX REDLINE VERSION – DRAFT 2
8
(d) Security Breach. A permittee shall notify the county sheriff's office within twenty-four
hours after discovering any diversion, theft, loss, or any criminal activity involving
cannabis, cannabis product, or any agent or employee of the permittee.
(Ord. No. 2018-23, § II, 8-7-18)
413-4.606 Processing and manufacturing standards.
A permittee that processes or manufactures cannabis or cannabis products shall comply with all
of the following standards in addition to the standards specified in Sections 413-4.602 and 413-
4.604.
(a) No volatile solvent may be used to process or manufacture cannabis or cannabis products.
(b) All processing and manufacturing operations must occur at the fixed location listed on
the permit.
(Ord. No. 2018-23, § II, 8-7-18)
413-4.608 Retail sale standards.
A permittee that sells cannabis or cannabis products shall comply with all of the following
standards in addition to the standards specified in Sections 413-4.602 and 413-4.604.
(a) Within each building in which cannabis or cannabis products are sold, the permittee shall
prominently display a sign including the following statement in bold print:
"GOVERNMENT WARNING: CANNABIS IS A SCHEDULE I
CONTROLLED SUBSTANCE. KEEP OUT OF REACH OF CHILDREN AND
ANIMALS. CANNABIS MAY ONLY BE POSSESSED OR CONSUMED BY
PERSONS 21 YEARS OF AGE OR OLDER UNLESS THE PERSON IS A
QUALIFIED PATIENT. THE INTOXICATING EFFECTS OF CANNABIS
MAY BE DELAYED UP TO TWO HOURS. CANNABIS USE WHILE
PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION
OF CANNABIS IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE
MACHINERY. PLEASE USE EXTREME CAUTION."
(b) Within each building in which cannabis or cannabis products are sold, the permittee shall
establish a waiting area that persons must enter prior to entering the retail area. No person
ORDINANCE NO. 2019-XX REDLINE VERSION – DRAFT 2
9
may be admitted to the waiting area without first verifying through examination of a
government-issued identification card that he or she is at least the minimum age under
state law to enter the premises. The waiting area must be physically separated from the
retail area. No cannabis or cannabis product may be accessible to customers in the
waiting area.
(c) The permittee or at least one employee shall be physically present in the retail area at all
times when any non-employee is in the retail area. Within the retail area, the number of
non-employees may not exceed twice the number of employees at any time.
(d) The sale of any non-cannabis food or beverage, alcohol or alcohol product, or tobacco or
tobacco product from the permitted premises is prohibited.
(e) The sale of more than eight hundred milligrams of tetrahydrocannabinol in the form of
edible cannabis products to a single cannabis customer in a single day is prohibited.
(f) The sale of any cannabis product listed in Section 40300 of Division 1 of Title 17 of the
California Code of Regulations is prohibited.
(g) The sale of any flavored cannabis product for which the primary use is human inhalation
of the gases, particles, vapors, or byproducts released as a result of combustion, electrical
ignition, or vaporization of the flavored cannabis product, is prohibited.
(h) A permittee shall not sell, permit to be sold, offer for sale, or display for sale any
cannabis or cannabis product by means of self-service display, vending machine, rack,
counter-top, or shelf that allows self-service sales for any cannabis or cannabis product.
All cannabis and cannabis products must be offered for sale only by means of permittee
or employee assistance.
(i) The sale of any electronic smoking device that contains tetrahydrocannabinol or any
other cannabinoid, or can be used to deliver tetrahydrocannabinol or any other
cannabinoid in aerosolized or vaporized form, is prohibited. For purposes of this
subsection, “electronic smoking device” has the meaning set forth in Section 445-2.006.
This subsection does not apply to any device regulated by the federal Family Smoking
Prevention and Tobacco Control Act.
(h)(j) The sale of any e-liquid that contains tetrahydrocannabinol or any other cannabinoid is
prohibited. For purposes of this subsection, “e-liquid” has the meaning set forth in
ORDINANCE NO. 2019-XX REDLINE VERSION – DRAFT 2
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Section 445-2.006. This subsection does not apply to any substance regulated by the
federal Family Smoking Prevention and Tobacco Control Act.
(Ords. 2019-34 § 4, 2018-23 § 2.) (Ord. No. 2018-23, § II, 8-7-18)
413-4.610 Retail delivery standards.
A permittee that delivers cannabis or cannabis products from a retail location in the
unincorporated area of the county to any location in the unincorporated area of the county shall
comply with all of the following standards in addition to the standards specified in Sections 413-
4.602 and 413-4.604. A permittee that delivers cannabis or cannabis products from a location
outside the unincorporated area of the county to any location in the unincorporated area of the
county shall comply with all of the following standards in addition to the standards specified in
Section 413-4.602.
(a) The delivery of more than eight hundred milligrams of tetrahydrocannabinol in the form
of edible cannabis products to a single cannabis customer in a single day is prohibited.
(b) The delivery of any cannabis product listed in Title 17, California Code of Regulations,
section 40300, is prohibited.
(c) The delivery of any flavored cannabis product for which the primary use is human
inhalation of the gases, particles, vapors, or byproducts released as a result of
combustion, electrical ignition, or vaporization of the flavored cannabis product, is
prohibited.
(d) A permittee may not display any advertisement upon any vehicle that is used for the
delivery of cannabis or cannabis products that promotes any activity related to cannabis
or that identifies the permittee or the business conducting the delivery.
(e) A delivery employee who delivers cannabis or cannabis products to a customer shall have
in his or her possession a copy of the permit issued under this chapter authorizing the
delivery, which shall be made available upon request to law enforcement.
(f) No delivery employee may deliver cannabis or cannabis products to a customer without
first examining a government-issued identification card of the recipient to confirm that
the recipient is the customer who requested the delivery and that the recipient is at least
the minimum age under state law to purchase the cannabis or cannabis product.
ORDINANCE NO. 2019-XX REDLINE VERSION – DRAFT 2
11
(g) A delivery employee who delivers cannabis or cannabis products to a customer shall at
the time of delivery provide the customer with a written warning that includes the
following statement in bold print:
"GOVERNMENT WARNING: CANNABIS IS A SCHEDULE I
CONTROLLED SUBSTANCE. KEEP OUT OF REACH OF CHILDREN AND
ANIMALS. CANNABIS MAY ONLY BE POSSESSED OR CONSUMED BY
PERSONS 21 YEARS OF AGE OR OLDER UNLESS THE PERSON IS A
QUALIFIED PATIENT. THE INTOXICATING EFFECTS OF CANNABIS
MAY BE DELAYED UP TO TWO HOURS. CANNABIS USE WHILE
PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION
OF CANNABIS IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE
MACHINERY. PLEASE USE EXTREME CAUTION."
(h) The delivery of any electronic smoking device that contains tetrahydrocannabinol or any
other cannabinoid, or can be used to deliver tetrahydrocannabinol or any other
cannabinoid in aerosolized or vaporized form, is prohibited. For purposes of this
subsection, “electronic smoking device” has the meaning set forth in Section 445-2.006.
This subsection does not apply to any device regulated by the federal Family Smoking
Prevention and Tobacco Control Act.
(h)(i) The delivery of any e-liquid that contains tetrahydrocannabinol or any other cannabinoid
is prohibited. For purposes of this subsection, “e-liquid” has the meaning set forth in
Section 445-2.006. This subsection does not apply to any substance regulated by the
federal Family Smoking Prevention and Tobacco Control Act.
(Ords. 2019-34 § 5, 2018-23 § 2.) (Ord. No. 2018-23, § II, 8-7-18)
ORDINANCE NO. 2019-34
SALE OF ELECTRONIC SMOKING DEVICES AND E-LIQUIDS PROHIBITED
The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical
footnotes from the official text of the enacted or amended provisions of the County Ordinance
Code):
SECTION I. SUMMARY. This ordinance amends Division 445 of the County Ordinance
Code to prohibit the sale of any e-liquid or electronic smoking device that is required to obtain,
but has not yet obtained, a premarket review order from the U.S. Food and Drug Administration
pursuant to the federal Family Smoking Prevention and Tobacco Control Act. This ordinance
also amends Chapter 413-4 of the County Ordinance Code to prohibit the sale or delivery of any
e-liquid that contains tetrahydrocannabinol or any other cannabinoid, and to prohibit the sale or
delivery of any electronic smoking device that can be used to deliver tetrahydrocannabinol or any
other cannabinoid in aerosolized or vaporized form. This ordinance also amends Division 445 of
the County Ordinance Code to prohibit the sale of flavored tobacco products and menthol
cigarettes.
SECTION II. Section 445-2.006 of the County Ordinance Code is amended to read:
445-2.006 Definitions. For the purposes of this division, the following words and phrases have
the following meanings:
(a)"Characterizing flavor" means a distinguishable taste or aroma imparted by a tobacco
product or any byproduct produced by the tobacco product that is perceivable by an
ordinary consumer by either the sense of taste or smell, other than the taste or aroma of
tobacco. A "characterizing flavor" includes, but is not limited to, a taste or aroma relating
to a fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol,
mint, wintergreen, herb, or spice.
(b)"Cigar" means any roll of tobacco other than a cigarette wrapped entirely or in part in
tobacco or any substance containing tobacco and weighing more than three pounds per
thousand.
(c)"Constituent" means any ingredient, substance, chemical, or compound, other than
tobacco, water, or reconstituted tobacco sheet, that is added by the manufacturer to a
tobacco product during the processing, manufacture, or packing of the tobacco product.
(d)"Consumer" means a person who purchases a tobacco product for consumption and not
for sale to another.
ORDINANCE NO. 2019-34
1
(e)"E-liquid " means any substance that is intended to be consumed in aerosolized or
vaporized form using an electronic smoking device, regardless of the nicotine content of
the substance.
(f)“Electronic smoking device” means any device or delivery system that can be used to
deliver to a person, in aerosolized or vaporized form, nicotine, tetrahydrocannabinol, or
any other cannabinoid, including but not limited to an electronic cigarette, electronic
cigar, electronic pipe, electronic hookah, or vape pen. “Electronic smoking device”
includes any component, part, or accessory of such a device, including but not limited to a
cartridge, that is used during the operation of the device.
(g)"Enclosed" means all space between a floor and ceiling where the space is closed in on all
sides by solid walls or windows that extend from the floor to the ceiling. An enclosed
space may have openings for ingress and egress, such as doorways or passageways. An
enclosed space includes all areas within that space, such as hallways and areas screened
by partitions that do not extend to the ceiling or are not solid.
(h)"Flavored tobacco product" means any tobacco product, other than cigarettes as defined
by federal law, that contains a constituent that imparts a characterizing flavor. A tobacco
product whose labeling or packaging contains text or an image indicating that the product
imparts a characterizing flavor is presumed to be a flavored tobacco product.
(i)"Little cigar" means any roll of tobacco other than a cigarette wrapped entirely or in part
in tobacco or any substance containing tobacco and weighing no more than three pounds
per thousand. "Little cigar" includes, but is not limited to, any tobacco product known or
labeled as "small cigar" or "little cigar."
(j)"Package" or "packaging" means a pack, box, carton, or container of any kind, or any
wrapping, in which a tobacco product is sold or offered for sale to a consumer.
(k)"Menthol cigarettes" means cigarettes as defined by federal law, that have a
characterizing flavor of menthol, mint, or wintergreen, including cigarettes advertised,
labeled, or described by the manufacturer as possessing a menthol characterizing flavor.
(l)"Multi-unit residence" means a building that contains two or more dwelling units,
including but not limited to apartments, condominiums, senior citizen housing, nursing
homes, and single room occupancy hotels. A primary residence with an attached or
detached accessory dwelling unit permitted pursuant to Chapter 82-24 is not a multi-unit
residence for purposes of this division.
(m)"Multi-unit residence common area" means any indoor or outdoor area of a multi-unit
residence accessible to and usable by residents of different dwelling units, including but
ORDINANCE NO. 2019-34
2
not limited to halls, lobbies, laundry rooms, common cooking areas, stairwells, outdoor
eating areas, play areas, swimming pools, and carports.
(n)"Place of employment" means any area under the control of an employer, business, or
nonprofit entity that an employee, volunteer, or the public may have cause to enter in the
normal course of operations, regardless of the hours of operation. Places of employment
include, but are not limited to: indoor work areas; bars; restaurants; hotels and motels,
including all guest rooms; vehicles used for business purposes; taxis; employee lounges
and breakrooms; conference and banquet rooms; bingo and gaming facilities; long-term
health care facilities; warehouses; retail or wholesale tobacco shops; and private
residences used as licensed child-care or health-care facilities when employees, children,
or patients are present and during business hours. The places specified in subdivisions
(e)(1), (2), (6), and (7) of Labor Code section 6404.5 are places of employment for the
purposes of this division and are regulated as specified in this division. The places
specified in subdivisions (e)(3), (4), and (5) of Labor Code section 6404.5 are not places
of employment for the purposes of this division.
(o)"Public place" means any area to which the public is invited or in which the public is
permitted. A private residence is not a public place.
(p)"Self-service display" means the open display or storage of tobacco products or tobacco
paraphernalia in a manner that is physically accessible in any way to the general public
without the assistance of the retailer or employee of the retailer. A vending machine is a
form of self-service display.
(q)"Service area" means any area designed to be or regularly used by one or more persons to
receive or wait to receive a service, enter a public place, or make a transaction, whether or
not the service involves the exchange of money. "Service areas" include but are not
limited to automatic teller machine waiting areas, bank teller windows, ticket lines, bus
stops and taxi stands.
(r)"Smoke" means the gases, particles, or vapors released into the air as a result of
combustion, electrical ignition, or vaporization when the apparent or usual purpose of the
combustion, electrical ignition, or vaporization is human inhalation of the byproducts,
except when the combusting or vaporizing material contains no tobacco or nicotine or
illegal substances, and the purpose of inhalation is solely olfactory, such as, for example,
smoke from incense. The term "smoke" includes, but is not limited to, tobacco smoke,
electronic smoking device vapors, marijuana smoke, and smoke from any illegal
substance.
(s)"Smoking" means inhaling, exhaling, burning, or carrying any lighted, heated, or ignited
cigar, cigarette, cigarillo, pipe, hookah, electronic smoking device, or any plant product
ORDINANCE NO. 2019-34
3
intended for human inhalation.
(t)"Tobacco paraphernalia" means any item designed or marketed for the consumption, use,
or preparation of tobacco products.
(u)"Tobacco product" means any of the following:
(1)Any product containing, made from, or derived from tobacco or nicotine that is
intended for human consumption, whether smoked, heated, chewed, absorbed,
dissolved, inhaled, snorted, sniffed, or ingested by any other means, including but
not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, and
snuff.
(2)Any electronic smoking device that contains nicotine or can be used to deliver
nicotine in aerosolized or vaporized form.
(3)Any component, part, or accessory of a tobacco product, whether or not it is sold
separately.
(4)"Tobacco product" does not include any product that has been approved by the
United States Food and Drug Administration for sale as a tobacco cessation
product or for other therapeutic purposes where the product is marketed and sold
solely for that approved purpose.
(v)"Tobacco retailer" means any individual or entity who sells, offers for sale, or exchanges
or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco
paraphernalia. "Tobacco retailing" means the doing of any of these things. This definition
is without regard to the quantity of tobacco products or tobacco paraphernalia sold,
offered for sale, exchanged, or offered for exchange. (Ords. 2019-34 § 2, 2018-07 § 7,
2017-01 § 2, 2013-10 § 2, 2010-10 § 2, 2006-66 § 4, 98-43 § 2, 91-44 § 2.)
SECTION III. Section 445-6.014 is added to the County Ordinance Code, to read:
445-6.014 Electronic smoking devices and e-liquids. No tobacco retailer may sell, offer for
sale, or exchange or offer to exchange for any form of consideration, to a consumer any
electronic smoking device or e-liquid where the electronic smoking device or e-liquid:
(a)Is a new tobacco product as defined in Section 387j(a)(1) of Title 21 of the U.S. Code;
(b)Requires premarket review under Section 387j of Title 21 of the U.S. Code; and
(c)Does not have a premarket review order issued under Section 387j(c)(1)(A)(i) of Title 21
ORDINANCE NO. 2019-34
4
of the U.S. Code. (Ord. 2019-34 § 3.)
SECTION IV. Section 413-4.608 of the County Ordinance Code is amended to read:
413-4.608 Retail sale standards. A permittee that sells cannabis or cannabis products shall
comply with all of the following standards in addition to the standards specified in Sections
413-4.602 and 413-4.604.
(a)Within each building in which cannabis or cannabis products are sold, the permittee shall
prominently display a sign including the following statement in bold print:
"GOVERNMENT WARNING: CANNABIS IS A SCHEDULE I
CONTROLLED SUBSTANCE. KEEP OUT OF REACH OF CHILDREN AND
ANIMALS. CANNABIS MAY ONLY BE POSSESSED OR CONSUMED BY
PERSONS 21 YEARS OF AGE OR OLDER UNLESS THE PERSON IS A
QUALIFIED PATIENT. THE INTOXICATING EFFECTS OF CANNABIS
MAY BE DELAYED UP TO TWO HOURS. CANNABIS USE WHILE
PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION
OF CANNABIS IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE
MACHINERY. PLEASE USE EXTREME CAUTION."
(b)Within each building in which cannabis or cannabis products are sold, the permittee shall
establish a waiting area that persons must enter prior to entering the retail area. No person
may be admitted to the waiting area without first verifying through examination of a
government-issued identification card that he or she is at least the minimum age under
state law to enter the premises. The waiting area must be physically separated from the
retail area. No cannabis or cannabis product may be accessible to customers in the
waiting area.
(c)The permittee or at least one employee shall be physically present in the retail area at all
times when any non-employee is in the retail area. Within the retail area, the number of
non-employees may not exceed twice the number of employees at any time.
(d)The sale of any non-cannabis food or beverage, alcohol or alcohol product, or tobacco or
tobacco product from the permitted premises is prohibited.
(e)The sale of more than eight hundred milligrams of tetrahydrocannabinol in the form of
edible cannabis products to a single cannabis customer in a single day is prohibited.
(f)The sale of any cannabis product listed in Section 40300 of Division 1 of Title 17 of the
California Code of Regulations is prohibited.
ORDINANCE NO. 2019-34
5
(g)The sale of any flavored cannabis product for which the primary use is human inhalation
of the gases, particles, vapors, or byproducts released as a result of combustion, electrical
ignition, or vaporization of the flavored cannabis product, is prohibited.
(h)A permittee shall not sell, permit to be sold, offer for sale, or display for sale any cannabis
or cannabis product by means of self-service display, vending machine, rack, counter-top,
or shelf that allows self-service sales for any cannabis or cannabis product. All cannabis
and cannabis products must be offered for sale only by means of permittee or employee
assistance.
(i)The sale of any electronic smoking device that contains tetrahydrocannabinol or any other
cannabinoid, or can be used to deliver tetrahydrocannabinol or any other cannabinoid in
aerosolized or vaporized form, is prohibited. For purposes of this subsection, “electronic
smoking device” has the meaning set forth in Section 445-2.006. This subsection does
not apply to any device regulated by the federal Family Smoking Prevention and Tobacco
Control Act.
(j)The sale of any e-liquid that contains tetrahydrocannabinol or any other cannabinoid is
prohibited. For purposes of this subsection, “e-liquid” has the meaning set forth in
Section 445-2.006. This subsection does not apply to any substance regulated by the
federal Family Smoking Prevention and Tobacco Control Act. (Ords. 2019-34 § 4, 2018-
23 § 2.)
SECTION V. Section 413-4.610 of the County Ordinance Code is amended to read:
413-4.610 Retail delivery standards. A permittee that delivers cannabis or cannabis products
from a retail location in the unincorporated area of the county to any location in the
unincorporated area of the county shall comply with all of the following standards in addition to
the standards specified in Sections 413-4.602 and 413-4.604. A permittee that delivers cannabis
or cannabis products from a location outside the unincorporated area of the county to any
location in the unincorporated area of the county shall comply with all of the following standards
in addition to the standards specified in Section 413-4.602.
(a)The delivery of more than eight hundred milligrams of tetrahydrocannabinol in the form
of edible cannabis products to a single cannabis customer in a single day is prohibited.
(b)The delivery of any cannabis product listed in Title 17, California Code of Regulations,
section 40300, is prohibited.
(c)The delivery of any flavored cannabis product for which the primary use is human
inhalation of the gases, particles, vapors, or byproducts released as a result of combustion,
electrical ignition, or vaporization of the flavored cannabis product, is prohibited.
ORDINANCE NO. 2019-34
6
(d)A permittee may not display any advertisement upon any vehicle that is used for the
delivery of cannabis or cannabis products that promotes any activity related to cannabis or
that identifies the permittee or the business conducting the delivery.
(e)A delivery employee who delivers cannabis or cannabis products to a customer shall have
in his or her possession a copy of the permit issued under this chapter authorizing the
delivery, which shall be made available upon request to law enforcement.
(f)No delivery employee may deliver cannabis or cannabis products to a customer without
first examining a government-issued identification card of the recipient to confirm that
the recipient is the customer who requested the delivery and that the recipient is at least
the minimum age under state law to purchase the cannabis or cannabis product.
(g)A delivery employee who delivers cannabis or cannabis products to a customer shall at
the time of delivery provide the customer with a written warning that includes the
following statement in bold print:
"GOVERNMENT WARNING: CANNABIS IS A SCHEDULE I
CONTROLLED SUBSTANCE. KEEP OUT OF REACH OF CHILDREN AND
ANIMALS. CANNABIS MAY ONLY BE POSSESSED OR CONSUMED BY
PERSONS 21 YEARS OF AGE OR OLDER UNLESS THE PERSON IS A
QUALIFIED PATIENT. THE INTOXICATING EFFECTS OF CANNABIS
MAY BE DELAYED UP TO TWO HOURS. CANNABIS USE WHILE
PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION
OF CANNABIS IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE
MACHINERY. PLEASE USE EXTREME CAUTION."
(h)The delivery of any electronic smoking device that contains tetrahydrocannabinol or any
other cannabinoid, or can be used to deliver tetrahydrocannabinol or any other
cannabinoid in aerosolized or vaporized form, is prohibited. For purposes of this
subsection, “electronic smoking device” has the meaning set forth in Section 445-2.006.
This subsection does not apply to any device regulated by the federal Family Smoking
Prevention and Tobacco Control Act.
(i)The delivery of any e-liquid that contains tetrahydrocannabinol or any other cannabinoid
is prohibited. For purposes of this subsection, “e-liquid” has the meaning set forth in
Section 445-2.006. This subsection does not apply to any substance regulated by the
federal Family Smoking Prevention and Tobacco Control Act. (Ords. 2019-34 § 5, 2018-
23 § 2.)
SECTION VI. Section 445-6.006 of the County Ordinance Code is amended to read:
ORDINANCE NO. 2019-34
7
445-6.006 Flavored tobacco products and menthol cigarettes. No tobacco retailer may sell,
offer for sale, or exchange or offer to exchange for any form of consideration, to a consumer any
flavored tobacco product or menthol cigarette. (Ords. 2019-34 § 6, 2017-01 § 4.)
SECTION VII. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage,
and within 15 days after passage shall be published once with the names of supervisors voting for
or against it in the East Bay Times, a newspaper published in this County.
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\HS\Ordinance No. 2019-34 Sale of Electronic Smoking Devices and E-Liquids Prohibited.wpd
ORDINANCE NO. 2019-34
8
• Contra Costa Behavioral Health Services • Contra Costa Emergency Medical Services • Contra Costa Environmental Health •
• Contra Costa Hazardous Materials • Contra Costa Health Plan • Contra Costa Public Health • Contra Costa Regional Medical Center and Health Centers •
ANNA M. ROTH, RN, MS, MPH
HEALTH SERVICES DIRECTOR
DANIEL PEDDYCORD, RN, MPA/HA
DIRECTOR OF PUBLIC HEALTH
C ONTRA C OSTA
P U BLIC H EALTH
597 CENTER AVENUE, SUITE 200
MARTINEZ , CALIFORNIA 94553
PH (925) 313-6712
FAX (925) 313-6721
DANIEL.PEDDYCORD@HSD.CCCOUNTY .US
To: Family and Human Services Committee, Contra Costa Board of Supervisors
From: Daniel Peddycord, RN, MPA/HA, Director, Public Health
Re: Annual Report on Implementation of Tobacco Retail Licensing Ordinance s
Date: 10/7/19
I. Summary
In July 2017, the Board of Supervisors adopted two tobacco control ordinances to protect youth from
tobacco influences in the retail environment. The first being a zoning ordinance and the second a retailer
licensing ordinance. The goal of these ordinances is to regulate the marketing and availability of youth-
friendly flavored tobacco products, small pack sizes of cigars and cigarillos, and density and location of
tobacco retailers, as these contribute largely to youth exposure to tobacco influences and tobacco use. The
tobacco retailer licensing ordinance required tobacco retailers to be compliant by January 1, 2018. At the
request of the Board of Supervisors, Contra Costa Public Health staff provided reports in March 2018 on
preliminary implementation of the ordinances with a follow up report to the Family and Human Services
Committee being made in October of 2018. This report is a brief overview of implementation activities
that have taken place since October 2018, as well as next steps.
II. Ordinance Provisions
Zoning Ordinance 2017-10 Tobacco Retailer Businesses (effective 8/11/17) states:
a) New retailers operating within 1000 feet of schools, parks, playgrounds and libraries are prohibited
from selling tobacco products. Existing tobacco retailing businesses operating within 1000 feet of
these areas are nonconforming uses. A nonconforming use will be allowed to continue operating
under the ordinance.
b) New retailers within 500 feet of tobacco retailers are prohibited from selling tobacco products.
Existing tobacco retailing businesses operating within 500 feet of another tobacco retailer will
be come nonconforming uses. A nonconforming use will be allowed to continue operating under the
ordinance.
c) No new “Significant Tobacco Retailers”, including vape shops, hookah bars or smoke shops are
allowed. A “Significant Tobacco Retailer” is defined as ha ving more than 20% of retail sales space
dedicated to tobacco retailing use.
Licensing Ordinance 2017-01 Tobacco Product and Retail Sales Control (effective 1/1/18) states:
a) The definition of “tobacco products” and “smoke” includes all electronic smoking d evices and
liquids, including all electronic devices that could be used to deliver a dose of nicotine or other
substances.
b) The sale of flavored tobacco products, including menthol cigarettes, is prohibited within 1,000 feet of
schools, parks, playgrounds, and libraries.
c) The sale of cigars, including little cigars and cigarillos, is prohibited in pack sizes under ten (10).
Premium cigars that sell for $5.00 (including taxes and fees) or more are exempt from this provision.
d) No tobacco retailer’s license wi ll be issued that authorizes tobacco retailing in a pharmacy.
e) Compliance with state and local storefront signage and drug paraphernalia sales laws is required in
order to maintain a Contra Costa Tobacco Retailer License.
∎ Contra Costa Community Substance Abuse Services ∎ Contra Costa Emergency Medical Services ∎ Contra Costa Environmental Health ∎ Contra Costa Health Plan ∎
∎ Contra Costa Hazardous Materials Programs ∎ Contra Costa Mental Health ∎ Contra Costa Public Health ∎ Contra Costa Regional Medical Center ∎ Contra Costa Health Centers ∎
f) Tobacco retailers are required to c heck identification (ID) of customers who appear younger than 27
years of age.
g) The number of retailers that can sell tobacco products is “capped” at current number (92) of licenses
issued by the County. (effective 8/17/17)
Condition of License Suspension if a Violation of the Law Occurs:
h) Tobacco retailers who have their license suspended due to violations of the law are required to remove
tobacco advertising during license suspension periods.
i) The time period reviewed for prior violations of the license (the “look-back” period) is expanded from
24 months (2 years) to 60 months (5 years) when considering the length of time for a license suspension
for retailers found to be in violation of the law.
Retailers found to be in violation of the law can be fined up to $500 for each day that they are in violation,
per County Code 14 -12.006, “Administrative fines,” and may face suspension or revocation of their
tobacco retailer license.
III. Implementation
A. Implementation efforts from October 2018 report to the Board of Supervisors
The Public Health staff worked with the Business License Office to include information about
tobacco retail ordinance and resources in the annual mailing to all bus iness owners. In May
2019, the Business License Office mailed the annual business renewal reminder letters to all 88
unincorporated tobacco retailers, who also receive d a flyer on compliance with Ordinance
2017-10 Tobacco Retailer Businesses and Ordinance 2017 -01 Tobacco Product and Retail Sales
Control.
The Tobacco Retailer Businesses zoning ordinance prohibits new tobacco retailers from
locating within 1 ,000 feet of schools, parks, playgrounds and libraries, and within 500 feet of
another tobacco retail er. The Public Health and Department of Conservation and
Development staff developed a protocol for license approval in August 2017 which remains in
place. As needed, Public Health Staff provide technical assistance to Department of
Conservation and Development front line staff that interacts with tobacco retailers requesting
zoning verification.
Public Health staff in partnership with a team of 15 adults from the following agencies: Contra
Costa County Office of Education; Tobacco Use Prevention Education (TUPE); Contra Costa
County Health Services’ Alcohol and Other Drugs Prevention Program and Nutrition and
Physical Activity Promotion Program; and Bay Area Community Resources to conduct the
Statewide Health Stores for a Healthy Community survey. Over 380 stores were surveyed, and
the findings will provide information about the marketing of tobacco products that are
attractive and affordable to youth and include measures to make tobacco produc ts easily
accessible through store discounts and online coupons. Surveys will be sent to the California
Department of Public Health’s California Tobacco Control Prevention Program to be analyzed
and the findings will be shared with Public Health. Public Health will utilize this data when
conducting compliance checks i n early 2020.
∎ Contra Costa Community Substance Abuse Services ∎ Contra Costa Emergency Medical Services ∎ Contra Costa Environmental Health ∎ Contra Costa Health Plan ∎
∎ Contra Costa Hazardous Materials Programs ∎ Contra Costa Mental Health ∎ Contra Costa Public Health ∎ Contra Costa Regional Medical Center ∎ Contra Costa Health Centers ∎
B. Next Steps for Increased Compliance
In 2018 , Public Health staff provided technical assistance to the Sheriff’s Office on applying for
and funds from the California Department of Justice to combat youth use of and access to tobacco
products and enforce the tobacco sales to minors. The Sheriff’s Department was awarded these
funds and Public Health staff will continue to work with the Sheriff’s Office to conduct tobacco
retail compliance inspections, including youth decoy and shoulder tap operations for enforcement
of sales to minors.
The Public Health staff also applied for and was awarded funding ($838,379.00) offe red by the
California Department of Justice to fund local tobacco enforcement activities complementary to
those enforcement activities charged to the Sheriff’s Office from November 2018 through June
2021. As a designated enforcement agency for tobacco reta iler licensing laws, Public Health staff
will conduct tobacco retail compliance inspections in partnership with the Sheriff’s Department,
provide retailer educations sessions, and conduct outreach and education to K -12 schools, colleges,
and youth-serving organizations to combat youth and young adult tobacco use including vaping.
Through the new funding from the California Department of Justice , Public Health will:
1. Conduct enforcement activities with licensed t obacco retailers which include updating protocols
for conducting compliance inspections with local retailers; developing a list of tobacco retailers
to target enforcement actions based on data from the California Department of Ta x and Fee
Administration and the local Business License O ffice; conduct 100 tobacco retail compliance
inspections; cite violations of tobacco retail laws and conduct follow -up inspections.
2. Conduct tobacco retailer education classes on an annual basis with emphasis on tobacco laws
meant to reduce youth tobacco influence.
3. Maintain tobacco retailer information and complaint hub (i.e., hotline and website) to provide
technical assistance to tobacco retailers as well as the general public about tobacco retail issues
and accept reports of any violations of local toba cco retail laws.
The capacity of both the Sherriff’s Department and Public Health to respond to planned activities
leading to the completion of tobacco retailer compliance inspections, including youth decoy and
shoulder tap operations have been significa ntly impacted as staff at the Sherriff’s Department have
been reassigned, and Public Health has encountered challenges in hiring staff for this new funding
source. The above activities continue to be a priority and activities are expected to begin early
2020.
C. Technical Assistance to Contra Costa Cities
O n June 8, 2018, Public Health staff conducted a presentation about local tobacco retail
implementation efforts at the Contra Costa Mayors Conference and offered technical assistance to
Contra Costa cities that were interested in considering similar laws. As a result of this presentation
several cities have requested and have been provided with technical assistance from Public Health
staff (i.e., Concord, San Ramon, Danville , and Antioch). Within the past year, the following cities
have adopted tobacco retail control policies utilizing the Contra Costa County ordinance as a
model:
∎ Contra Costa Community Substance Abuse Services ∎ Contra Costa Emergency Medical Services ∎ Contra Costa Environmental Health ∎ Contra Costa Health Plan ∎
∎ Contra Costa Hazardous Materials Programs ∎ Contra Costa Mental Health ∎ Contra Costa Public Health ∎ Contra Costa Regional Medical Center ∎ Contra Costa Health Centers ∎
City Policy Description Date adopted/
Date effective
San Pablo Prohibits sale of all flavored tobacco products,
including menthol within city limits
Dec 2018/
Mar 2019
Lafayette Prohibits sale of all flavored tobacco products,
including menthol within city limits
May 2019/
Aug 2019
Richmond Prohibits sale of all flavored tobacco products,
including menthol within city limits
July 2018/
Sept 2019
Oakley Future Tobacco Retailers businesses would be
prohibited from being located within 500 feet of
existing tobacco retailers or 1,000 feet of youth -
sensitive areas: parks, playgrounds, libraries, schools
and bus stops servicing schools. Retailers already
inside that 1,000 -foot buffer are exempt.
TRL with a high cap of number of tobacco retailer
licenses (25)
Dec 2018/
Jan 2019
In April 2019, Tobacco Prevention Program disseminated a Request for Proposal for community -based
organizations to work with communities in Pittsburg and Antioch to educate the community on the
importance and benefits of protective tobacco measures to reduce the influence and use of tobacco and
tobacco products in environments that are youth sensitive. Two agencies have been identified: Bay Area
Community Resources and Community Health for Asians and execution of their projects will begin in Fall
of 2019.
In August and September 2019, Tobacco Program staff, the Health Off icer and Public Health Director
provided technical assistance and public testimony to the City of Richmond related to the development
and subsequent adoption of policy to suspend the sale of vaping products. This action was taken in the
wake of growing nat ional concerns related to the incidents of severe pulmonary illness triggered by the use
of vaping products.
In addition, Public Health staff has been instructed by the Board of Supervisors to develop a proposed
vaping sales moratorium for consideration in response to the epidemic of teen vaping and the incidence
of severe pulmonary illness related to the use of vaping products. As of September 27 th, the Centers for
Disease Prevention and Control (CDC) reports over 800 cases across 46 states and 12 deaths. In California
there have been 90 cases reported and 2 deaths, as of September 24 th, 2019. Public Health staff is currently
working in partnership with Contra Costa County Coun sel to draft language for the proposed ordinance
that is tentat ively scheduled to be presented to the Board of Supervisors in late October or early November
2019.
D. Technical Assistance to Nationwide Tobacco Control
Public Health staff was selected by the National Association of Attorneys General (NAAG) to present at
their 2019 Tobacco Policy and Responsible Retailing Conference in Tampa, Florida in May 2019. Staff was
invited to provide best practices on the successful implementation of local tobacco retailer licensing laws.
∎ Contra Costa Community Substance Abuse Services ∎ Contra Costa Emergency Medical Services ∎ Contra Costa Environmental Health ∎ Contra Costa Health Plan ∎
∎ Contra Costa Hazardous Materials Programs ∎ Contra Costa Mental Health ∎ Contra Costa Public Health ∎ Contra Costa Regional Medical Center ∎ Contra Costa Health Centers ∎
III. Recommendations :
Staff recommends that the Family and Human Services Committee accept the report and direct staff to
continue to provide updates on implementation of the ordinance as part of staff’s annual report on the
County’s Tobacco Retail Licensing Ordinance.
RECOMMENDATION(S):
OPEN public hearing on Resolution No. 2019/605, which establishes a new fee
schedule for services provided by the Animal Services Department, RECEIVE oral and
written testimony regarding the proposed fee schedule, and CLOSE hearing.
1.
ADOPT Resolution No. 2019/605.2.
INTRODUCE Ordinance No. 2019-32, establishing the times when late fees accrue on
unpaid animal license fees, WAIVE reading, and FIX November 19, 2019, for adoption.
3.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF
SUPERVISORS
Contact:
925-608-8470
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: , Deputy
cc:
D.4
To:Board of Supervisors
From:Beth Ward, Animal Services Director
Date:November 12, 2019
Contra
Costa
County
Subject:Animal Services Fee Schedule and Accrual of Late Fees
FISCAL IMPACT:
The revised fee schedule is intended to cover a portion of the cost for new and existing services
provided by the Animal Services Department. It is estimated that the proposed fee increases will
generate approximately $341,187 in additional annual revenue, which has been anticipated in the
Department’s 2019/20 fiscal year budget.
BACKGROUND:
On June 26, 2012, the Board of Supervisors adopted Resolution No. 2012/170 approving the Animal
Services Department’s current fee schedule. Since 2012, the Department’s cost of providing services has
increased. The Animal Services Director conducted a fee study and determined that an increase in
certain fees and the creation of new fees are necessary in order to cover the costs of the services
provided by the Animal Services Department. Thus, the Animal Services Department recommends
amending its fee schedule to cover the increased costs of providing services, as set forth in the attached
fee schedule. The attached document entitled “2019 Animal Services Fee Analysis” explains the need
for adjustments to certain fees. The fees in the proposed fee schedule do not exceed the amount
allowable by statute or the cost incurred by the County to provide the service or enforce the regulation.
CONSEQUENCE OF NEGATIVE ACTION:
Failure to adopt this fee schedule will result in a loss of revenue to the Department.
CLERK'S ADDENDUM
CLOSED the hearing; ADOPTED Resolution No. 2019/605 as amended to reflect an effective date
of January 1, 2019; INTRODUCED Ordinance No. 2019-32, establishing the times when late fees
accrue on unpaid animal license fees, WAIVED reading, and FIXED November 19, 2019, for
adoption.
AGENDA ATTACHMENTS
Resolution 2019/605
2019 Animal Services Fee Analysis
Proposed 2019 Fee Schedule
Ordinance No. 2019-32
MINUTES ATTACHMENTS
Signed Resolution No. 2019/605
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 11/12/2019 by the following vote:
AYE:
NO:
ABSENT:
ABSTAIN:
RECUSE:
Resolution No. 2019/605
IN THE MATTER OF ADOPTING A NEW ANIMAL SERVICES FEE SCHEDULE
WHEREAS, the Animal Services Department has conducted a fee study and determined that in order to recover the reasonable
costs of services it provides, it is necessary and appropriate to amend the Department’s fee schedule to impose new fees for
certain services and increase certain fees;
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors as follows:
Authority. This resolution is enacted pursuant to the following statutes: Food and Agriculture Code sections 30804,
30804.5, 31251, 31253, and 31751.5.
1.
Notice and Hearing. This resolution was adopted pursuant to the procedures set forth in Government Code Section 66018.
The required notice has been given and a hearing has been held.
2.
Fee Schedule Adoption. On and after the effective date of this resolution, the fees set forth in the Animal Services
Department Fee Schedule, attached hereto and incorporated herein, are adopted and shall be charged and collected for the
services enumerated therein.
3.
Supersede. This Resolution supersedes Resolution No. 2012/170. 4.
Effective Date. This resolution becomes effective immediately upon adoption.5.
Contact: 925-608-8470
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
1
ANIMAL SERVICES DEPARTMENT
2019 Fee Analysis
a. Spay/Neuter Fees
a. Fee to spay a dog (under 20 pounds) = $121.00 (an increase of $27.00)
Clerical Time: 15 minutes for each medical procedure
Clerical personnel are responsible for scheduling the initial medical appointment,
checking the animal in, processing any paperwork, data entry into the Chameleon
software system, and processing payment s.
Registered Veterinary Technician Time : 45 minutes for each medical procedure.
The Registered Veterinary Technicians (RVT) is responsible for weighing the animal to
determine the quantity of drugs that will be administered ; addressing any questions or
concerns from the animal's owne r; preparing both the animal and the surgery area for
the surgical procedure ; performs the anesthesia process; assists the Veterinarian
during the surgery; monitors the animal during the surgery ; monitors the animal in
recovery after surgery ; provides any post-surgery medical assistance when and if
necessary ; and answers any questions the owner may have regarding the post-
operative recovery process, when the animal is picked up.
Veterinarian Time: 20 minutes for each medical procedure.
The Veterinary surgeon is responsible for performing an initial medical evaluation of
the animal; performing the surgical procedure; Directing the support staff during
recovery; and provides any additional post-surgery medical direction, when necessary.·
Veterinary Assistant Time: 40 minutes for each medical procedure .
An Veterinary Assistant is responsible for transporting the animal through the entire
process ; monitoring the animal during surgery, including transporting the animal from
the waiting room to a holding area, from the holding area to surgery, from surgery to
recovery, from recovery back to the holding area and from the holding area to the
waiting room, back to its owner.
There is an additional charge of $39.00 for any animal being spayed that is found to
be pregnant or in heat.
2
b. Fee to spay a dog (20 to 50 pounds) = $1 40.00 (an increase of $2 5 .00)
Clerical Time: 15 minutes for each medical procedure.
Clerical personnel are responsible for scheduling the initial medical appointment,
checking the animal in, processing any paperwork, data entry into the Chameleon
software system, and processing payments.
Registered Veterinary Technician Time : 50 minutes for each medical procedure
The Registered Veterinary Technicians (RVT) is responsible for weighing the animal to
determine the quantity of drugs that will be administered; addressing any questions or
concerns from the animal's owner; preparing both the animal and the surgery area for
the surgical procedure; performs the anesthesia process; assi sts the Veterinarian
during the surgery; monitors the animal during the surgery; monitors the animal in
recovery after surgery; provides any post-surgery medical assistance when and if
necessary; and answers any questions the owner may have regarding the p ost-
operative recovery process, when the animal is picked up.
Veterinarian Time: 30 minutes for each medical procedure
The Veterinary surgeon is responsible for performing an initial medical evaluation of the
animal; performing the surgical procedure; Directing the support staff during recovery;
and provides any additional post-surgery medical direction, when necessary.
Veterinary Assistant Time: 40 minutes for each medical procedure
An Veterinary Assistant is responsible for transporting the animal through the entire
process; monitoring the animal during surgery, including transporting the animal from
the waiting room to a holding area, from the holding area to surgery, from surgery to
recovery, from recovery back to the holding area and from the hol ding area to the
waiting room, back to its owner.
There is an additional charge of $39.00 for any animal being spayed that is found to
be pregnant or in heat.
c. Fee to spay a dog (50 to 100 pounds) = $172.00 (an increase of $22.00)
Clerical Time: 15 minutes for each medical procedure.
Clerical personnel are responsible for scheduling the initial medical appointment,
checking the animal in, processing any paperwork, data entry into the Chameleon
3
software system, and processing payments.
Registered Veterinary Technician Time: 55 minutes for each medical procedure
The Registered Veterinary Technicians (RVT) is responsible for weighing the animal to
determine the quantity of drugs that will be administered; addressing any questions or
concerns from the animal's owner; preparing both the animal and the surgery area for
the surgical procedure; performs the anesthesia process; assists the Veterinarian
during the surgery; monitors the animal during the surgery; monitors the animal in
recovery after surgery; provides any post-surgery medical assistance when and if
necessary; and answers any questions the owner may have regarding the post -
operative recovery process, when the animal is picked up.
Veterinarian Time: 45 minutes for each medical procedure
The Veterinary surgeon is responsible for performing an initial medical evaluation of
the animal; performing the surgical procedure; Directing the support staff during
recovery; and provides any additional post-surgery medical direction, when necessary.·
Veterinary Assistant Time: 40 minutes for each medical procedure
An Veterinary Assistant is responsible for transporting the animal through the entire
process; monitoring the animal during surgery, including transporting the animal from
the waiting room to a holding area, from the holding area to surgery, from surgery to
recovery, from recovery back to the holding area and from the holding area to the
waiting room, back to its owner.
There is an additional charge of $39.00 for any animal being spayed that is found to be
pregnant or in heat
d. Fee to spay a dog (over 100 pounds) = $199.00 (an increase of $4.00)
Clerical Time: 15 minutes for each medical procedure.
Clerical personnel are responsible for scheduling the initial medical appointment,
checking the animal in, processing any paperwork, data entry into the Chameleon
software system, and processing payments.
Registered Veterinary Technician Time: 60 minutes for each medical procedure
The Registered Veterinary Technicians (RVT) is responsible for weighing the animal to
determine the quantity of drugs that will be administered; addressing any questions or
concerns from the animal's owner; preparing both the animal and the surgery area fo r
4
the surgical procedure; performs the anesthesia process; assists the Veterinarian
during the surgery; monitors the animal during the surgery; monitors the animal in
recovery after surgery; provides any post-surgery medical assistance when and if
necessary; and answers any questions the owner may have regarding the post-
operative recovery process, when the animal is picked up.
Veterinarian Time: 60 minutes for each medical procedure
The Veterinary surgeon is responsible for performing an initial medical evaluation of
the animal; performing the surgical procedure; Directing the support staff during
recovery; and provides any additional post-surgery medical direction, when necessary.·
Veterinary Assistant Time: 40 minutes for each medical procedure
An Veterinary Assistant is responsible for transporting the animal through the entire
process; monitoring the animal during surgery, including transporting the animal from
the waiting room to a holding area, from the holding area to surgery, from surgery to
recovery, from recovery back to the holding area and from the holding area to the
waiting room, back to its owner.
There is an additional charge of $39.00 for any animal being spayed that is found to
be pregnant or in heat.
e. Fee to spay a cat = $74.00 (an increase of $11.00)
Clerical Time: 15 minutes for each medical procedure.
Clerical personnel are responsible for scheduling the initial medical appointment,
checking the animal in, processing any paperwork, data entry into the Chameleon
software system, and processing payments.
Registered Veterinary Technician Time: 20 minutes for each medical procedure
The Registered Veterinary Technicians (RVT) is responsible for weighing the animal to
determine the quantity of drugs that will be administered; addressing any questions or
concerns from the animal's owner; preparing both the animal and the surgery area for
the surgical procedure; performs the anesthesia process; assists the Veterinarian
during the surgery; monitors the animal during the surgery; monitors the animal in
recovery after surgery; provides any post-surgery medical assistance when and if
necessary; and answers any questions the owner may have regarding the post -
operative recovery process, when the animal is picked up.
Veterinarian Time: 15 minutes for each medical procedure
5
The Veterinary surgeon is responsible for performing an initial medical evaluation of
the animal; performing the surgical procedure; Directing the support staff during
recovery; and provides any additional post-surgery medical direction, when necessary.
Veterinary Assistant Time: 15 minutes for each medical procedure
An Veterinary Assistant is responsible for transporting the animal through the entire
process; monitoring the animal during surgery, including transporting the animal from
the waiting room to a holding area, from the holding area to surgery, from surgery to
recovery, from recovery back to the holding area and from the holding area to the
waiting room, back to its owner.
There is an additional charge of $39.00 for any animal being spayed that is found to
be pregnant or in heat.
f. Fee to spay a rabbit = $77.00 (an increase of $24.00)
Clerical Time: 15 minutes for each medical procedure.
Clerical personnel are responsible for scheduling the initial medical appointment,
checking the animal in, processing any paperwork, data entry into the Chameleon
software system, and processing payments.
Registered Veterinary Technician Time: 20 minutes for each medical procedure
The Registered Veterinary Technicians (RVT) is responsible for weighing the animal to
determine the quantity of drugs that will be administered; addressing any questions or
concerns from the animal's owner; preparing both the animal and the surgery area for
the surgical procedure; performs the anesthesia process; assists the Veterinarian
during the surgery; monitors the animal during the surgery; monitors the animal in
recovery after surgery; provides any post-surgery medical assistance when and if
necessary; and answers any questi ons the owner may have regarding the post-
operative recovery process, when the animal is picked up.
Veterinarian Time: 15 minutes for each medical procedure
The Veterinary surgeon is responsible for performing an initial medical evaluation of
the animal; performing the surgical procedure; Directing the support staff during
recovery; and provides any additional post-surgery medical direction, when necessary.·
Veterinary Assistant Time: 20 minutes for each medical procedure
6
An Veterinary Assistant is responsible for transporting the animal through the entire
process; monitoring the animal during surgery, including transporting the animal from
the waiting room to a holding area, from the holding area to surgery, from surgery to
recovery, from recovery back to the holding area and from the holding area to the
waiting room, back to its owner.
There is an additional charge of $39.00 for any animal being spayed that is found to
be pregnant or in heat.
g. Fee to neuter a dog (under 20 pounds) = $73.00 (an increase of $5.00)
Clerical Time: 15 minutes for each medical procedure.
Clerical personnel are responsible for scheduling the initial medical appointment,
checking the animal in, processing any paperwork, data entry into the Chameleon
software system, and processing payments.
Registered Veterinary Technician Time: 25 minutes for each medical procedure
The Registered Veterinary Technicians (RVT) is responsible for weighing the animal to
determine the quantity of drugs that will be administered; addressing any questions or
concerns from the animal's owner; preparing both the animal and the surgery area for
the surgical procedure; performs the anesthesia process; assists the Veterinarian
during the surgery; monitors the animal during the surgery; monitors the animal in
recovery after surgery; provides any post-surgery medical assistance when and if
necessary; and answers any questions the owner may have regarding the post -
operative recovery process, when the animal is picked up.
Veterinarian Time: 10 minutes for each medical procedure
The Veterinary surgeon is responsible for performing an initial medical evaluation of
the animal; performing the surgical procedure; Directing the support staff during
recovery; and provides any additional post-surgery medical direction, when necessary.
Veterinary Assistant Time: 20 minutes for each medical procedure
An Veterinary Assistant is responsible for transporting the animal through the entire
process; monitoring the animal during surgery, including transporting the animal from
the waiting room to a holding area, from the holding area to surgery, from surgery to
recovery, from recovery back to the holding area and from the holding area to the
waiting room, back to its owner.
There is an additional charge of $39.00 for any animal being neutered that is found to
7
be cryptorchid.
h. Fee to neuter a dog (from 20 to 50 pounds) = $89.00 (an increase of $1 .00)
Clerical Time: 15 minutes for each medical procedure.
Clerical personnel are responsible for scheduling the initial medical appointment,
checking the animal in, processing any paperwork, data entry into the Chameleon
software system, and processing payments.
Registered Veterinary Technician Time: 35 minutes for each medical procedure
The Registered Veterinary Technicians (RVT) is responsible for weighing the animal to
determine the quantity of drugs that will be administered; addressing any questions or
concerns from the animal's owner; preparing both the animal and the surgery area for
the surgical procedure; performs the anesthesia process; assists the Veterinarian
during the surgery; monitors the animal during the surgery; monitors the animal in
recovery after surgery; provides any post-surgery medical assistance when and if
necessary; and answers any questions the owner may have regarding the post-
operative recovery process, when the animal is picked up.
Veterinarian Time: 15 minutes for each medical procedure
The Veterinary surgeon is responsible for performing an initial medical evaluation of
the animal; performing the surgical procedure; Directing the support staff during
recovery; and provides any additional post-surgery medical direction, when necessary.
Veterinary Assistant Time: 20 minutes for each medical procedure
An Veterinary Assistant is responsible for transporting the animal through the entire
process; monitoring the animal during surgery, including transporting the animal from
the waiting room to a holding area, from the holding area to surgery, from surgery to
recovery, from recovery back to the holding area and from the holding area to the
waiting room, back to its owner.
There is an additional charge of $39.00 for any animal being neutered that is found to
be cryptorchid.
i. Fee to neuter a dog (from 50 to 100 pounds) = $107 (an decrease of $2 .00)
Clerical Time: 15 minutes for each medical procedure.
Clerical personnel are responsible for scheduling the initial medical appointment,
8
checking the animal in, processing any paperwork, data entry into the Chameleon
software system, and processing payments.
Registered Veterinary Technician Time: 40 minutes for each medical procedure
The Registered Veterinary Technicians (RVT) is responsible for weighing the animal to
determine the quantity of drugs that will be administered; addressing any questions or
concerns from the animal's owner; preparing both the animal and the surgery area for
the surgical procedure; performs the anesthesia process; assists the Veterinarian
during the surgery; monitors the animal during the surgery; monitors the animal in
recovery after surgery; provides any post-surgery medical assistance when and if
necessary; and answers any questions the owner may have regarding the post -
operative recovery process, when the animal is picked up.
Veterinarian Time: 20 minutes for each medical procedure
The Veterinary surgeon is responsible for performing an initial medical evaluation of
the animal; performing the surgical procedure; Directing the support staff during
recovery; and provides any additional post-surgery medical direction, when necessary.
Veterinary Assistant Time: 25 minutes for each medical procedure
An Veterinary Assistant is responsible for transporting the animal through the entire
process; monitoring the animal during surgery, including transporting the animal from
the waiting room to a holding area, from the holding area to surgery, from surgery to
recovery, from recovery back to the holding area and from the holding area to the
waiting room, back to its owner.
There is an additional charge of $39.00 for any animal being neutered that is found to
be cryptorchid.
j. Fee to neuter a dog (over 100 pounds) = $111.00 (an decrease of $24 .00)
Clerical Time: 15 minutes for each medical procedure.
Clerical personnel are responsible for scheduling the initial medical appointment,
checking the animal in, processing any paperwork, data entry into the Chameleon
software system, and processing payments.
Registered Veterinary Technician Time: 45 minutes for each medical procedure
The Registered Veterinary Technicians (RVT) is responsible for weighing the animal to
determine the quantity of drugs that will be administered; addressing any questions or
9
concerns from the animal's owner; preparing both the animal and the surgery area for
the surgical procedure; performs the anesthesia process; assists the Veterinarian
during the surgery; monitors the animal during the surgery; monitors the animal in
recovery after surgery; provides any post-surgery medical assistance when and if
necessary; and answers any questions the owner may have regarding the post -
operative recovery process, when the animal is picked up.
Veterinarian Time: 20 minutes for each medical procedure
The Veterinary surgeon is responsible for performing an initial medical evaluation of
the animal; performing the surgical procedure; Directing the support staff during
recovery; and provides any additional post-surgery medical direction, when necessary.
Veterinary Assistant Time: 25 minutes for each medical procedure
An Veterinary Assistant is responsible for transporting the animal through the entire
process; monitoring the animal during surgery, including transporting the animal from
the waiting room to a holding area, from the hol ding area to surgery, from surgery to
recovery, from recovery back to the holding area and from the holding area to the
waiting room, back to its owner.
There is an additional charge of $39.00 for any animal being neutered that is found to
be cryptorchid.
k. Fee to neuter a cat = $50.00 (an increase of $8 .00)
Clerical Time: 15 minutes for each medical procedure.
Clerical personnel are responsible for scheduling the initial medical appointment,
checking the animal in, processing any paperwork, data entry into the Chameleon
software system, and processing payments.
Registered Veterinary Technician Time: 20 minutes for each medical procedure
The Registered Veterinary Technicians (RVT) is responsible for weighing the animal to
determine the quantity of drugs that will be administered; addressing any questions or
concerns from the animal's owner; preparing both the animal and the surgery area for
the surgical procedure; performs the anesthesia process; assists the Veterinarian
during the surgery; monitors the animal during the surgery; monitors the animal in
recovery after surgery; provides any post-surgery medical assistance when and if
necessary; and answers any questions the owner may have regarding the post -
operative recovery process, when the animal i s picked up.
10
Veterinarian Time: 5 minutes for each medical procedure
The Veterinary surgeon is responsible for performing an initial medical evaluation of
the animal; performing the surgical procedure; Directing the support staff during
recovery; and provides any additional post-surgery medical direction, when necessary.
Veterinary Assistant Time: 10 minutes for each medical procedure
An Veterinary Assistant is responsible for transporting the animal through the entire
process; monitoring the animal during surgery, including transporting the animal from
the waiting room to a holding area, from the holding area to surgery, from surgery to
recovery, from recovery back to the holding area and from the holding area to the
waiting room, back to its owner.
There is an additional charge of $39.00 for any animal being neutered that is found to
be cryptorchid.
l. Fee to neuter a rabbit = $66.00 (an increase of $19.00)
Clerical Time: 15 minutes for each medical procedure.
Clerical personnel are responsible for scheduling the initial medical appointment,
checking the animal in, processing any paperwork, data entry into the Chameleon
software system, and processing payments.
Registered Veterinary Technician Time: 15 minutes for each medical procedure
The Registered Veterinary Technicians (RVT) is responsible for weighing the animal to
determine the quantity of drugs that will be administered; addressing any questions or
concerns from the animal's owner; preparing both the animal and the surgery area for
the surgical procedure; performs the anesthesia process; assists the Veterinarian
during the surgery; monitors the animal during the surgery; monitors the animal in
recovery after surgery; provides any post-surgery medical assistance when and if
necessary; and answers any questions the owner may have regarding the post-
operative recovery process, when the animal is picked up.
Veterinarian Time: 15 minutes for each medical procedure
The Veterinary surgeon is responsible for performing an initial medical evaluation of
the animal; performing the surgical procedure; Directing the support staff during
recovery; and provides any additional post-surgery medical direction, when necessary.
Veterinary Assistant Time: 10 minutes for each medical procedure
11
An Veterinary Assistant is responsible for transporting the animal through the entire
process; monitoring the animal during surgery, including transporting the animal from
the waiting room to a holding area, from the holding area to surgery, from surgery to
recovery, from recovery back to the holding area and from the holding area to the
waiting room, back to its owner.
There is an additional charge of $39.00 for any animal being neutered that is found to
be cryptorchid.
m. Adoption Spay/Neuter Deposit - F&A 30503.(b)(1)
a. Cats = $50.00 (Previous fee for cats = male $40, female $50)
b. Dogs = $75.00 (Previous fee for dogs = $60 male and $75 female)
This deposit for adopted animals leaving the care of CCAS unaltered due to medical concerns
is mandated by law to not be under $40 or exceed $75. The deposits were modified to
minimize confusion for staff and the intention to encourage compliance by the new owner to
have the animal altered so they can receive their deposit back.
n. Public Spay/Neuter Clinic Deposit = $65.00 (an increase of $34.00)
A Public Spay/Neuter Clinic deposit will be required for all members of the public to
schedule an appointment for all Department Public Spay/Neuter Clinic appointment.
The Public Spay/Neuter Clinic deposit will be applied when service is provided towards
the final payment for services.
The Public Clinic Spay/Neuter deposit is non-refundable for all cancellations and
missed appointments.
Clerical Time: 10 minutes
Clerical personnel are responsible for scheduling the initial medical appointment,
changes/adjusts the daily appointment and medical schedule in the event the person
no shows or is late, tries to readjust the schedule if the person arrives late and still
wants services that day when the customer is late to his/her original appointment
date/time, makes the appropriate data entry(s) into the Chameleon software system
and processes payment.
Registered Veterinary Technician Time: 10 minutes
Veterinarian Time: 5 minutes
Animal Center Technician Time: 10 minutes
The charge for the above three positions is designed to cover time required to
coordinate and prepare a shelter animal for a spay or neuter procedure. The
12
scheduling, surgery coordination for appropriate animals, prepare time for surgeries,
and to assure that the procedure room is adequately equipped for the type of animal is
included.
o. Late Pick -Up Fees $6.00/hr.
An additional boarding fee will be charged when any animal is not picked up on time
after surgery or other appointments. If the animal stays overnight then a late pick up
fee of $6.00 will be charged and a day of boarding.
p. Vaccinations
Clerical Time: 10 minutes for each vaccination.
Clerical personnel are responsible for scheduling the initial medical appointment,
checking the animal in, answering all of the owner's questions and/or concerns,
processing any paperwork, entering all vaccination related data into the Department's
Chameleon software system and processing payment.
Vet Assistant or Center Staff Time: 10 minutes for each vaccination
The Veterinarian is responsible for being on premise when the patient is receiving its
vaccine(s), in case of adverse reactions and as stated by law.
F.V.R.C.P. - 3 in 1 Combination (cat)
Feline
$19.00 ($1.00 increase)
Leukemia $19.00 ($1.00 increase)
Rabies: $6.00 (no change)
DA2PPV - 5 in 1 $19.00 (an increase of $1.00)
Bordetella intranasal $19.00 **New**
Bordetella injectable $19.00 (an increase of $1.00)
Leptospirosis $19.00 **New**
CPV $19.00 **New**
q. Microchip fee = $18.00 (an decrease of $12.00)
Microchipping your pets increase the Department’s return to owner rate. Expediting the
return to owner process will also decrease husbandry expenses.
Clerical Time: 10 minutes for each procedure.
Clerical personnel are responsible for scheduling the initial medical appointment,
checking the animal in, processing any paperwork, data entry into the Chameleon
software system and processing payment.
13
Center Staff Time: 10 minutes for each procedure.
The Animal Center Technician is responsible for securing and transporting the animal
to and from where the animal is located in the reception room to the area where the
microchip is inserted.
r. Adoption Fees
The average cost to care for an animal to be made available for adoption for the Animal
Services Department is $908.21. These costs are based on an average length of stay of 30
days and includes the cost of daily care, basic medical care and spay/neuter to prepare an
animal for adoption. If the Department would charge these expenses, the public access to
adopt sheltered animals would be a deterrent to the organizations goal in saving lives.
Therefore, the Department compared its adoption fees to various local municipal shelter
agencies. In review of the Department’s findings, the adoption fees below are
recommended, which include covering the costs on average for spay or neuter, all
vaccinations, a one-year license and microchip for dog or cat. The fees below help to s upport
the Department’s expenses , while supporting our community’s lifesaving efforts .
Dogs:
Fees for Adopting Dogs
Age of Dog Fee
Puppies under six months $155.00
Dogs under six years $135.00
Dogs over six years $85.00
Senior citizens (over 65 years of age) adopting dogs over six
years old $5.00
Cats:
Fees for Adopting Cats
Age of Cat Fee
Kittens under four months $120.00
Cats under six years $100.00
Cats over six years $55.00
Senior citizens (over 65 years of age) adopting cats over six
years old $5.00
Small Animals:
14
Small Animal Adoption Fees Fee
Rabbits $25.00
Guinea Pigs $10.00
Hamsters / Mice $5.00
s. Dog Training Classes
Fees for dog training classes are in the table below. The Department has implemented dog-
training classes for new pet owners adopting from Contra Costa Animal Services and to general
members of the public to promote responsible pet ownership.
Cost for privately owned dog training services are $150 and the fees are based on CCAS contract
reimbursement for dog trainers at $100 per session and $50 for administration process fees.
Cost for adopted dogs are $100 to cover reimbursement for dog trainers is at $100 per session
and CCAS is absorbing the administration processing fees, because studies show that adopted
dogs are less likely to be returned after obedience classes.
Public Basic Obedience Class for Adopted Dogs $100.00
Public Basic Obedience Class for privately owned
dogs $150.00
t. Trap Deposits
Fees were adjusted to meet the increased costs of replacing traps that are not returned by the
renter. Failure to return the trap will forfeit the deposit and allow CCAS to replace the trap for
our rental program. The cos t to replace a trap that is not returned by a renter is:
Cat trap = $70.00 and a Dog Trap = $320.00.
u. Cat Den Deposits
Fees were adjusted to meet the cost of replacing cat dens that are not returned by the renter.
Failure to return the den will forfeit the deposit and allow CCAS to replace the trap for our rental
program. The cost to replace a Cat Den that is not returned by a renter is:
Cat Dens: $100.00.
v. Subpoena
w. The Department occasionally receives subpoenas for its employees to testify at depositions
and hearings and in court. For each appearance in response to a subpoena, the
Department will charge the fee allowed by California Government Code § 68097.2.
Subpoena: Fee per Gov. Code § 68097.2
x. Potentially Dangerous and Dangerous Animal Fees
15
The Fees were adjusted to correct an omission from last fee schedule proposal in 2012 where the
PDA application fee was removed and annual permit fees were increased. New proposal is to
bring back the application fee of $200.00 and reduce the annual permit fee from $500.00/yr. to
$300.00/yr. We will also be adding a filing fee for a PDA or DA hearing of $100.00. These
changes help to increase opportunities for families to keep their pets, increase compliance in
paying permit fees and to close the gaps of the costs associated with investigating a case and
when necessary holding a hearing.
Permit Application Cost Est. Time
Avg. Hrly.
Rate Total Cost
Sergeants Investigation 4.00 $66.64 $267
Clerical Permit Processing 1.00 $43.22 $43
Total PDA/DA
Permit Cost: $310
Hearing Cost Est. Time
Avg. Hrly.
Rate Total Cost
Sergeants report process 9.00 $66.64 $600
Hearing Officer 8.00 $95.00 $760
Annual Clerical Permit
Processing 1.00 $43.22 $43
Total PDA/DA
Process Cost: $1,403
PDA/DA Permit
Management
Est. Time
(yearly)
Avg. Hrly.
Rate Total Cost
Sergeants Permit
Management 9.00 $66.64 $600
Clerical Permit Management 0.50 $43.22 $22
Total PDA/DA
Yearly Permit
Cost: $621
y. License Fee Refunds and Credits
License fees once paid are nonrefundable.
If within 120 days the owner of an animal, who has purchased a one -year license and whose
animal is under one year of age submits proof from a licensed veterinarian that the animal has
been spayed or neutered, a credit equal to the one -year license fee for a spayed or neutered
16
animal will be applied to the next animal license purchased by the owner, if requested by the
owner.
z. License Recommendations
The fees for licensing are governed under the State of California Food and Agricultural Code
30804 and 30804.5.
The cost associated with licensing a dog for one year includes the fees to Pet Data, the clerical
staff time for answering calls and handling t ransactions, administrative overhead costs, cost for
supplies and a portion of the cost to help defray the costs of an hour of staff time and material
while impounding strays is as follows:
The Department also reviewed and compared licensing fees and compliance to other local
municipal shelters. Our goal was to find a pricing structure that was easier and more affordable
for our residents, to help cover the majority of our costs while helping to promote spay and
neuter and increase licensing compliance to help get lost pets’ home quickly.
The Department’s current license program is a 1, 2 or 3-year license program, which has created
frustration and confusions for members of public. Often the rabies vaccine timeframe does not
match the term of the license (example: Rabies vaccination for 12 months and pet owner
purchases license 3 months after vaccination is given, which a one year license would expire in 9
months).
In order to eliminate the confusion our citizens have when they have a vaccine that is not good
for a full calendar year. We are recommending the following:
Change license fees from a 1-3 year program to a variable program bas ed on valid rabies
certificates
Increase the altered one year license fee from $20.00 to $25.00 to help offset some of the
expenses. This still remains in compliance with F&A 30804.5 to ensure it is a least half of
the price for a one year license for an unaltered license.
Unaltered 1 year
PetData 4.10$
Clerical 3.60$
Administration Deposit 1.16$
Tags 5.00$
Shelter and Medical 51.00$
64.86$
Altered 1 year
1/2 price of Unaltered*32.43$
Per F&A 30804.5
17
Round up the unaltered 1 yr. license to $65.00
Have the 12-36 month license fee be less than the fees would be if a person was to
purchase 3 one year licenses to incentivize people to purchase a license for longer periods
and increase compliance.
Reduce the late fee from $40.00 to $20.00 to increase compliance.
Modify the timing for instituting the late fee from 60 days past expiration date to 30 days
past expiration date to increase compliance.
Increase the costs of a replacement tag to cover the costs of material and staff time to
process paperwork.
Provide more incentives for seniors and active military/veterans to license their altered
pets by offering first altered pet free all others at 50% price license fee for more than 1
pet. Unaltered pets at regular fees.
Allocate $10.00 from every unaltered license fee sold to the animal benefit fund to
support community low cost spay and neuter programs.
Guide, hearing, law enforcement dog license fees remain unchanged, along with citation
fees.
Dog Cat
3-12 months altered $25.00 $25.00
3-12 months unaltered $65.00 $65.00
12months -36 months altered $60.00 $60.00
12months -36 months unaltered $180.00 $180.00
Late fee (30 days past expiration
date) $20.00
License replacement tag $7.00
*License Senior Citizen (over 65 years
of age)
First altered pet free all others at 50% price license
fee for more than 1 pet. Unaltered pets at regular
fees.
**Active Military or Veteran
First altered pet free all others at 50% price license
fee for more than 1 pet. Unaltered pets at regular
fees.
**Guide/Hear. Law Enforcement
dogs
upon proof of working dog status 0.00
(See C.C. Co. Ord. 416-6.004) 0.00
Citation Clearing Fee $40.00
More information on Senior, Active Military and Veteran Licenses:
18
Senior citizens who can document that they are 65 years or age or older and Active military or
Veterans who can document that they are active or were discharged with an honorable or general –
under honorable conditions discharge, will be issued one 12 – 36 month altered license for their cat or
dog. This is good for only one pet per address per 12-36 month period. Additional altered pets will be
charged at 50% of regular license fees. Unaltered animal licenses will be charged at full fees. This
change is being made as the Department must recover some of the costs associated with these
services to maintain reasonable fees to other customers.
The Animal Services Department fees for services have been calculated based on the following hourly
raters per position:
Hourly Average Minute avg.
RVT hourly rate avg. 42.54 0.71
VA hourly rate avg. 37.46 0.62
Clerical hour rate avg. 43.22 0.72
DVM hourly rate avg. 82.50 1.38
Center Staff rate avg. 41.55 0.69
Animal Services Officer 55.58 0.93
Animal Services
Sergeant 66.64 1.11
Page 1 of 2
Dog & Cat License Fees Impound Fees
3-12 months altered $25.00 ** Dog in field/or at Center $65.00
12-36 months altered $60.00 ** Cat, Rabbit, Bird, Fowl or
3-12 months unaltered $65.00 ** other small animals $65.00
12-36 months unaltered $180.00 ** Cows, Bulls, Steers, Burros, Hogs
Owner Senior Citizen (over 65 years of age)
altered
First pet free all others at 50% price licenses for
more than 1 pet (no senior rates for unaltered
pets)
$0.00
** Horses, Sheep, Lambs, Goats
Active Military or Veteran
First pet free all others at 50% price licenses for
more than 1 pet (no veterans rates for unaltered
pets)
$0.00
** and Other large animals
License replacement tag $7.00 Actual Costs--Minimum $100.00 OR AC/$100min
Late fee (30 days past expiration date)
(See C.C. Co. Ord. 416-6.212)$20.00 ** If SUV used, Minimum is $235.00 AC/$235.min
Guide/Hear. Law Enforcement dogs
upon proof of working dog status $0.00 Impound Penalty
(See C.C. Co. Ord. 416-6.004)$0.00 Second pickup within 12 months $100.00
Citation Clearing Fee $40.00 Third pickup within 24 months $150.00
Fourth pickup within 36 months $200.00
Adoption Fees
Dogs - includes S/N, vaccines, microchip, 1 yr license Additional Penalty - Impound Unaltered
Age of Dog Fee First Impound-Unspayed/Unneutered $35.00
Puppies under six months $155.00 ** Second Impound-Unspayed/Unneutered $50.00
Dogs under six years $135.00 ** Third Impound-Unspayed/Unneutered $100.00
Dogs over six years $85.00 **
Senior citizens (over 65 years of age)
adopting dogs over 6 years old $5.00 **Board Fees
Dog or Cat--per day $25.00
Cats - includes S/N, vaccines, microchip, 1 yr license Other small animal-not specified $21.00
Age of Cat Fee Cows, Bulls, Steers, Burros, Hogs
Kittens under four months $120.00 ** Horses, Sheep, Lambs, Goats-----
Cats under six years $100.00 ** Other large animals--per day $29.00
Cats over six years $55.00 **
Senior citizens (over 65 years of age)
adopting cats over 6 years old $5.00 **Quarantine Fees
Home quarantine admin. fee (no board)$100.00
Small Animal Adoption Fees Fee Quarantine Board (Dogs/Cats) /day $35.00
Rabbits - includes S/N, microchip $25.00 ** Quarantine Board (Large animals)/ day $50.00
Guinea Pigs $10.00 **
Hamsters / Mice $5.00 **Pickup Request Fees
Fees for all owned dogs, cats and misc. animals
Adoption fees for other animals under 100 lbs, dead or alive, picked up in the
field or at the owner's home will be $75.00
by sealed bid process.Fee to pick up miscellaneous animals over 100 lbs
is the actual cost - minimum $225.00 AC/$225.min
Fee per hour per officer is determined by ASD $46.00
Surrender Fees Transport fee $75.00
Licensed Live Dog or Cat $30.00
Unlicensed Live Dog or Cat $50.00 Disposal Fees at Center
Misc. animal under 20 lbs.$30.00 Licensed Dead Animal $0.00
Misc. animal 20 to 100 lbs.$75.00 Unlicensed Dog or Cat $30.00
Misc. animal over 100 lbs.$225.00 Misc. dead animal under 20 lbs.$15.00
*Unweaned litter with adult-charge for adult animal Misc. dead animal 20 - 100 lbs.$30.00
*Litter only-charge and count as 1 adult animal Misc. dead animal over 100 lbs $225.00
Contra Costa County Animal Services Department Fee Schedule
Fees set by director or sold
** indicates a change or a new fee
Page 1 @BCL@0807F412.xls
Page 2 of 2
Disposal Fee for Vet Hospital Other Vet Treatments-FOR IMPOUNDED ANIMALS
Disposal fee for vet. hosp. Pickup-first animal $50.00 Level 1 - Medical Treatment Level $10.00
Each additional animal in same pickup $15.00 Level 2 - Medical Treatment Level $15.00
(Maximun limit per pickup is six (6) animals)Level 3 - Medical Treatment Level $25.00
Pickup of misc. animals over 100# is Level 4 - Medical Treatment Level $90.00
Actual Costs with Minimum $75.00 AC/$75min Level 5 - Medical Treatment Level $150.00
If SUV used Minimum is $225.00 OR AC/$225min Level 6 - Medical Treatment Level $300.00
Traps Spay/Neuter Deposit Fees - Adopted
Cat Trap Deposit $70.00 **Cats $50.00 **
Cat Trap rental per day $7.00 **Dogs $75.00 **
Cat Den Deposit $100.00 **
Cat Den rental per day $10.00 **Public Spay/Neuter Clinic Fees
Dog Trap Deposit (with supervisor approval only)$320.00 **Spay: Female
Dog Trap rental per day $15.00 Dogs under 20lbs $121.00 **
Servicing trap in field with supervisor approval $100.00 Dogs 20 to 50 lbs $140.00 **
Dogs 50 to 100 lbs $172.00 **
Potentially Dangerous Animals Dogs over 100 lbs $199.00 **
Application $200.00 ** Cats $74.00 **
PDA Permit Fee - renew annually $300.00 ** Rabbits $77.00 **
Delinquent Fee $200.00 Neuter: Male
Penalty Fee - if unlicensed at time of renewal $100.00 Dogs under 20 lbs $73.00 **
Dogs 20 to 50 lbs $89.00 **
Dangerous Animals Dogs 50 to 100 lbs $107.00 **
Application $300.00 Dogs over 100 lbs $111.00 **
Permit Fee - renew annually $600.00 ** Cats $50.00 **
Delinquent Fee $200.00 Rabbits $66.00 **
Penalty Fee - if unlicensed at time of renewal $100.00
Prohibited Dog - Convicted Felon $65.00 **
Permit Fee - renew annually $175.00
Delinquent Fee $200.00
Subpoena $ 6.00 hr **
Fee per CA. Gov. Code § 68097.2 **
Add charge for animals in heat, preg, crypt $39.00 **
Hearing
Filing Fee - due upon request of hearing $100.00 **Vaccinations
Dogs:
Home Inspection Fee DA2PPV (dog-5 in 1 combo)$19.00 **
First one Free (PDA/DA and Prohibited dog)N/C Rabies (dog)$6.00
Additional (PDA/DA and Prohibited dog)$100.00 Bordetella - intranasal $19.00 **
Bordetella - injectable $19.00 **
Govermental Fees Leptospirosis $19.00 **
CPV $19.00 **
govermmental jurisdiction is actual cost--bill to
agency Cats:
F.V.R.C.P. (cat-3 in 1 combo)$19.00 **
Photocopy Fee Rabies (cat)$6.00
Photocopy fee equal to direct cost Feline Leukemia $19.00 **
of duplication--minimum $1.00 Microchip Fee $18.00 **
Miscellaneous Fees Training Class Fees
Cat carrying containers (including tax)$5.00 PDA/DA Class $100.00
Leash (including tax)$1.00 Public Basic Obedience Class for Adopted Dogs $100.00 **
E-Collar $8.00 Public Basic Obedience Class for privately owned dogs $150.00 **
** indicates a change or a new fee
Emergency/Disaster Response--emergency assist to another
Public S/N Deposit (applied to S/N fee at time of
appointment, non-refundable if no show)
Late animal pickup fee--prorated by the hour for each
hour an animal remains after pick up time.
Page 2 @BCL@0807F412.xls
ORDINANCE NO. 2019-32
1
ORDINANCE NO. 2019-32
(ANIMAL SERVICES DEPARTMENT LICENSE LATE FEES)
The Contra Costa County Board of Supervisors ordains as follows:
SECTION I. SUMMARY. This ordinance amends the County Ordinance Code to reduce
from 60 days to 30 days the time when late fees begin to accrue on unpaid fees for licenses
issued by the Animal Services Department.
SECTION II. Section 416-6.012 of the County Ordinance Code is amended to read:
(a) Licenses are valid for time periods specified by the board of supervisors.
(b) License fees are due and payable at times specified by the board of supervisors.
(c) Late fees accrue if a license fee is not paid within 30 days after it is due and payable.
(Ords. 2019-32, § II; 80-97, § 2.)
SECTION III. Section 416-6.212 of the County Ordinance Code is amended to read:
(a) Late fees accrue if a person does not obtain a multiple pet license or a kennel license
within 30 days after keeping, harboring, possessing, or maintaining animals in excess of
the numbers specified in this article.
(b) Late fees accrue if a renewal license is not paid within 30 days after it is due and payable.
(Ords. 2019-32, § II; 80-97, § 2.)
SECTION IV. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage,
and within 15 days after passage must be published once with the names of supervisors voting
for or against it in the Contra Costa Times, a newspaper published in this County.
PASSED ON ____________________________________ by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: DAVID J. TWA, ____________________________
Clerk of the Board of Supervisors Board Chair
and County Administrator
By: _________________________ [SEAL]
Deputy
KSK:
H:\Animal Services\Fee Schedule\Revised Ordinance re late fees.docx
RECOMMENDATION(S):
1. OPEN the public hearing on Ordinance No. 2019-31, RECEIVE testimony, and CLOSE the public
hearing.
2. ADOPT Ordinance No 2019-31, adopting the 2019 California Building Standard Code (CBSC), 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.
3. ADOPT the attached findings in support of the County's changes, additions and deletions to the statewide
codes.
4. DIRECT the publication of the ordinance summary prepared by County Counsel and DIRECT the Clerk
of the Board of Supervisors to post a certified copy of the full text of the adopted ordinance in the office of
the Clerk of the Board, in accordance with Government Code section 25124 (b).
5. DIRECT the Department of Conservation and Development, pursuant to Health and Safety Code section
17958.7, to send a certified copy of Ordinance No. 2019-31, the attached findings, and this Board Order to
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V
Supervisor
Contact: Jason Crapo,
925-674-7722
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: November 12, 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:November 12, 2019
Contra
Costa
County
Subject:HEARING to consider adopting Ordinance No. 2019-31, adopting the 2019 California Building Standard Codes
RECOMMENDATION(S): (CONT'D)
the California Department of Housing and Community Development and to the California Building
Standards Commission.
6. FIND that adoption of the ordinance is exempt form CEQA pursuant to CEQA Guidelines section
15061(b)(3).
7. DIRECT staff to file a Notice of Exemption with the County Clerk.
FISCAL IMPACT:
None
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, 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 was introduced at the October 22, 2019 Board meeting. It 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
("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 charging 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.
AGENDA ATTACHMENTS
Findings
Ordinance No. 2019-31
MINUTES ATTACHMENTS
Signed 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
4
(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
7
(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
8
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.)
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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):
APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute Amendment No. 1 to the Real
Property Services Agreement with the City of Saratoga (City), to increase the amount payable to the County
by $25,000, to a new total of $65,000, effective November 12, 2019, in connection with the City's Quito
Road Bridge Replacement Project, Saratoga area. (Project No. 4580-6X5882/Federal Project No.: BRLS
5332(004))
FISCAL IMPACT:
100% City Funds. The City will pay the actual costs of services performed by the Real Estate Division, up
to the payment limit as amended.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V
Supervisor
Contact: Stacey Sinclair, 925.
957-2464
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: November 12, 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:November 12, 2019
Contra
Costa
County
Subject:APPROVE Amendment No. 1 to the Real Property Services Agreement with the City of Saratoga for the Quito Road
Bridge Replacement Project.
BACKGROUND:
The City requires a variety of right of way services related to the Quito Road Bridge Replacement
Project, but has no right of way staff and has contracted with the County for these services. On May 10,
2016, the Board approved the original agreement between the County and City. The parties now wish to
increase the payment limit in order to cover costs for right of way services required for certifying the
project and file close outs with Caltrans.
CONSEQUENCE OF NEGATIVE ACTION:
The City will not be able to contract for the County’s right of way services.
AGENDA ATTACHMENTS
Attachment 1 Amendment No 1
Appendix "A" Pay Rate Schedule
Real Property Srv Agrmnt Quito Rd Bridges Project
MINUTES ATTACHMENTS
Signed: Real Property Service Agreement
ATTACHMENT 1
AMENDMENT NO. 1
Project: Quito Road Bridges.
A. Budget.
The Payment Limit, as set forth in Section 4 of the Agreement, is increased by
$25,000 from $40,000 to a new Payment Limit of $65,000. This increase is
based on the following estimated budget:
ADMINISTRATION $ 25,000
APPRAISAL SUPPORT $ 8,000
NEGOTIATIONS/ACQUISITION $ 17,000
CONDEMNATION $ 9,000
RIGHT OF WAY CERTIFICATION $ 6,000
$ 65,000
TOTAL BUDGET FOR THE PROJECT: $ 65,000
B. Charge-Out Rates. County will charge City for Services under this
Agreement at the following hourly rates:
REAL PROPERTY AGENT HOURLY CHARGE OUT RATE
Hourly Rate
Principal Real Property Agent $177/hr to $249/hr
Supervising Real Property Agent $147/hr to $207 /hr
Senior Real Property Agent $131/hr to $189 /hr
Assistant Real Property Agent $101/hr to $142/hr
Senior Real Pr operty Technical Assistant $ 95/hr to $133/hr
Real Property Technical Assistant $ 82/hr to $119/hr
ST:SL
G:\realprop\City of Saratoga-Quito Bridges\Administrative -Contracts & Costs\City of Saratoga Cost Schedule amend.docx
APPENDIX “A”
Pay Rate Schedule
City shall reimburse the COUNTY for labor costs as detailed below:
1. COUNTY direct labor rates shall include the base salary wages paid to personnel
plus fringe benefits. Total labor rate shall include direct labor rate multiplied by
County's overhead rate. The total labor rate shall not exceed the range of labor
rates by classification, included as Attachment 1.
2. COUNTY's overhead rate shall be a summation of division and department
overhead rates. Appropriate overhead rates for COUNTY shall be developed based
on procedure previously approved as described below:
In general, the division overhead rates are determined by identifying each
division's total expenditures after adjustments less any non -labor generated
revenue. The division expenditures are then divided by the productive hours for
the division establishi ng the overhead rate needed to cover the remaining net cost
of division expenditures. The department overhead rates are determined similar
to the division rate by dividing the total department expenditures by the total
billable hours. Each year overhead rates will be evaluated and adjusted to reflect
the actual costs from the previous fiscal year.
3. COUNTY may adjust both labor rates and overhead rates periodically due to
contracted salary increases and overhead rate changes. COUNTY shall submit any
changes to rates to the City prior to invoicing.
REAL PROPERTY SERVICES AGREEMENT
QUITO ROAD BRIDGES PROJECT
AMENDMENT NO. 1
Contract 183
1. Effective Date and Parties. Effective on November 12 , 2019, the COUNTY OF CONTRA
COSTA, a political subdivision of the State of California (hereinafter referred to as "County"), and
CITY OF SARATOGA, a municipal corporation (hereinafter referred to as "CITY"), hereby amend
the Real Property Services Agreement (“Agreement”) entered into by the parties (effective May
10, 2016), as follows:
2. Payment Limit Increase: The payment limit of the above-described Agreement is hereby
increased by $25,000 from $40,000 to a new total payment limit of $65,000 , as detailed in
Appendix “A”. Appendix “A” attached to the Agreement is replaced with new Appendix “A”
attached hereto.
COUNTY OF CONTRA COSTA CITY OF SARATOGA
By By
John Gioia James Lindsay
Chair, Board of Supervisors City Manager
A ttested by: ______________________ Attested by:
_______________________
David Twa, Clerk of the Board of Debbie Bretschneider
Supervisors and County Administrator City Clerk
Recommended For Approval:
By____________________________
Brian M. Balbas
Public Works Director
By
Karen A. Laws
Principal Real Property Agent
Approved as to Fo rm: Approved as to Form:
Sharon L. Anderson, County Counsel City Attorney
By By
Deputy County Counsel Richard S. Taylor
ST:SL
G:\realprop \City of Saratoga-Quito Bridges\Administrative -Contracts & Costs\AG 17 (a) City -County Real Prop Services Agreement-Saratoga
amend.doc
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment
with Kerex Engineering, Inc., effective November 12, 2019, to increase the payment limit by $150,000 to a
new payment limit of $300,000, with no change to the term March 28, 2017 to March 28, 2020 for the 2017
On-Call Concrete Services Contract(s) for Various Road and Flood Control Maintenance Work,
Countywide.
FISCAL IMPACT:
100% Local Road and Flood Control District Funds.
BACKGROUND:
On March 28, 2017, the County awarded two on-call concrete services contracts for various road and flood
control maintenance work to supplement the maintenance crews routine and emergency work while they
are busy with other activities, and to perform work that is typically time-sensitive and may require
specialized equipment and skills.
Contract Amendment #1, which was approved by the Board of Supervisors on March 13, 2018, extended
the completion dates for each contract from March 28, 2017 to March 28, 2020. Sposeto Engineering, Inc.
did not seek to extend their contract, thus leaving only Kerex
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
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: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 2
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director/Chief Engineer
Date:November 12, 2019
Contra
Costa
County
Subject:Contract Amendment #2 for the 2017 On-Call Concrete Services Contract for Various Road and Flood Control
Maintenance Work, Countywide.
BACKGROUND: (CONT'D)
Engineering, Inc. available to perform work.
Due to the expired contract with Sposeto Engineering, Inc. in March 2018, additional funds are required so
that Kerex Engineering, Inc. may perform work that would have otherwise been performed by Sposeto
Engineering, Inc. The Public Works Director recommends that the Board approve Contract Amendment #2
and authorize the Public Works Director, or designee, to sign Contract Amendment #2 for the County.
Contract Amendment #2 will increase the maximum payment limit for Kerex Engineering, Inc. from
$150,000 to $300,000.
CONSEQUENCE OF NEGATIVE ACTION:
These contracts originally had a term of one year, with the option of two one-year extensions. Contract
Amendment #1 authorized one two-year extension of each contract. Contract Amendment #2 increases the
payment limit of the contract with Kerex Engineering, Inc. to ensure sufficient funds to complete this year's
projects in light of Sposeto Engineering Inc,'s contract expiration. Failure to approve Contract Amendment
#2 may prevent the Public Works Department from completing routine road and flood control concrete
maintenance work in a timely manner.
RECOMMENDATION(S):
ADOPT Traffic Resolution No. 2019/4488 to prohibit stopping, standing, or parking of vehicles on both
sides of Las Juntas Way (Road No. 4054F) on the first Saturday of each month, between the hours of 12:00
AM and 4:00 AM, for street sweeping services, beginning at the south curb line prolongation of Cherry
Lane (Road No. 4057B) and extending southerly to the north curbline prolongation of Roble Road, as
recommended by the Public Works Director, Walnut Creek area.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
The Traffic Section of the Public Works Department received a request to install signage informing the
public of street sweeping dates and times. It appears the lack of signs notifying the public to keep the
shoulders clear on Las Juntas Way, between Cherry Lane and Roble Road (private), on the first Saturday of
every month, between the hours of 12 AM and 4 AM, was limiting compliance, proper sweeping, and the
enforcement capabilities of the Sheriff's Office. In response, The Traffic Section is recommending adoption
of this time-limited parking restriction to better facilitate street sweeping and support rigorous enforcement
by the Sheriff's Office.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V
Supervisor
Contact: Monish Sen,
925.313.2187
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 3
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director/Chief Engineer
Date:November 12, 2019
Contra
Costa
County
Subject:Prohibit stopping, standing, or parking of vehicles a portion of Las Juntas Way (Road No. 4054F), Walnut Creek area.
CONSEQUENCE OF NEGATIVE ACTION:
Parking will remain unrestricted during the prescribed time, hindering street sweeping abilities.
AGENDA ATTACHMENTS
TR2019/4488
MINUTES ATTACHMENTS
Signed Traffic Resolution 2019/4488
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Traffic Resolution on November 12, 2019 by the following vote:
AYES:
NOES:
ABSENT:
TRAFFIC RESOLUTION NO. 2019/4488
ABSTAIN: Supervisorial District IV
SUBJECT: Prohibit stopping, standing, or parking of vehicles on both sides of Las Juntas Way
(Road No. 4054F) on the first Saturday of each month, between the hours of 12:00
AM and 4:00 AM, Walnut Creek area. (District IV)
The Contra Costa Board of Supervisors RESOLVES that:
Based on recommendations by the County Public Works Department's Transportation Engineering
Division, and pursuant to County Ordinance Code Sections 46-2.002 - 46-2.012, the following traffic
regulation is established:
Pursuant to Section 22507.6 of the California Vehicle Code, stopping, standing, or
parking, or standing of vehicles is hereby declared to be prohibited on both sides of
Las Juntas Way (Road No. 4054F), on the first Saturday of each month between the
hours of 12:00 AM and 4:00 AM, beginning at the south curb line prolongation of
Cherry Lane (Road No. 4057B) and extending southerly to the north curb line
prolongation of Roble Road, Walnut Creek area.
MS:sr
Orig. Dept: Public Works (Traffic)
Contact: Monish Sen, 313-2187
cc: California Highway Patrol
Sheriff Department
TRAFFIC RESOLUTION NO. 2019/4488
I hereby certify that this is a true and correct Copy of an action
taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED:
David Twa, Clerk of the Board of Supervisors and County
Administrator
By , Deputy
RECOMMENDATION(S):
ADOPT Resolution No. 2019/631 accepting as complete the contracted work performed by Dirt Dynasty,
Inc., for the Marsh Creek Road Traffic Safety Improvements Project, Brentwood and Clayton areas. Project
No. 0662-6R4012 (District III & IV)
FISCAL IMPACT:
Project was funded by 83% Federal Highway Safety Improvement Program (HSIP) Funds and 17% East
County Regional Area of Benefit Funds.
BACKGROUND:
The Public Works Director reports that said work has been inspected and complies with the approved plans,
special provisions and standard specifications and recommends its acceptance as complete as of July 15,
2019.
CONSEQUENCE OF NEGATIVE ACTION:
The contractor will not be paid and acceptance notification will not be recorded.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V
Supervisor
Contact: Kevin Emigh,
925.313.2233
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 4
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director/Chief Engineer
Date:November 12, 2019
Contra
Costa
County
Subject:Notice of Completion of Construction Contract for the Marsh Creek Road Traffic Safety Improvements Project,
Brentwood and Clayton areas.
AGENDA ATTACHMENTS
Resolution No. 2019/631
MINUTES ATTACHMENTS
Signed Resolution No.
2019/631
Recorded at the request of:Clerk of the Board
Return To:Public Works Dept., Design/Const.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 11/12/2019 by the following vote:
AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorDiane Burgis, District III SupervisorKaren Mitchoff, District
IV SupervisorFederal D. Glover, District V Supervisor
NO:
ABSENT:
ABSTAIN:
RECUSE:
Resolution No. 2019/631
In the Matter of Accepting and Giving Notice of Completion of Contract for Marsh Creek Road Traffic Safety Improvements
Project. (Project No. 0662-6R4012) (District III & IV)
The Board of Supervisors RESOLVES that:
Owner (sole): Contra Costa County, 255 Glacier Drive, Martinez, CA 94553
Nature of Stated Owner: fee and/or easement
Project No.: 0662-6R4012
Project Name: Marsh Creek Road Traffic Safety Improvements Project
Date of Work Completion: July 15, 2019
Description : Contra Costa County on April 9, 2019 contracted with Dirt Dynasty, Inc. for the work generally consisting of
centerline rumble strip placement and upgrade of existing regulatory and warning signs to diamond grade reflectivity along
Marsh Creek Road from the City/County limit of Clayton to Brentwood. Improvements also include a wood pole and streetlight
installation and two (2) solar flashing beacons at the intersection of Marsh Creek Road and Deer Valley Road all in accordance
with the Plans, Drawings, Special Provisions and/or Specifications prepared by or for the Public Works Director and in
accordance with the accepted Bid Proposal. The project was located in the Clayton and Brentwood areas, with Developers Surety
and Indemnity Company, as surety, for work to be performed on the grounds of the County; and
The Public Works Director reports that said work has been inspected and complies with the approved plans, special provisions
and standard specifications and recommends its acceptance as complete as of July 15, 2019.
Identification of real property :
Clayton and Brentwood areas at: Marsh Creek Road
Fees: none
Comments: none
Contact: Kevin Emigh, 925.313.2233
I hereby certify that this is a true and correct copy of an action taken and
entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
RECOMMENDATION(S):
ADOPT Resolution No. 2019/632 accepting as complete the contracted work performed by Pavement
Coatings, Inc., for the 2019 Asphalt Rubber Cape Seal Project, as recommended by the Public Works
Director, Lafayette, Martinez, and San Pablo areas. Project No. 0672-6U2183/2184-18 (Districts I and IV)
FISCAL IMPACT:
The Project was funded by 10.3% CalRecycle Grant Funds and 89.7% Local Road Funds.
BACKGROUND:
The Public Works Director reports that said work has been inspected and complies with the approved plans,
special provisions and standard specifications and recommends its acceptance as complete as of September
27, 2019.
CONSEQUENCE OF NEGATIVE ACTION:
The contractor will not be paid and acceptance notification will not be recorded.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V
Supervisor
Contact: Kevin Emigh,
925.313.2233
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 5
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director/Chief Engineer
Date:November 12, 2019
Contra
Costa
County
Subject:Notice of Completion of Construction Contract for the 2019 Asphalt Rubber Cape Seal Project, Lafayette, Martinez,
and San Pablo areas.
AGENDA ATTACHMENTS
Resolution No. 2019/632
MINUTES ATTACHMENTS
Signed Resolution No.
2019/632
Recorded at the request of:Clerk of the Board
Return To:Public Works Dept., Design/Const.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 11/12/2019 by the following vote:
AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorDiane Burgis, District III SupervisorKaren Mitchoff, District
IV SupervisorFederal D. Glover, District V Supervisor
NO:
ABSENT:
ABSTAIN:
RECUSE:
Resolution No. 2019/632
IN THE MATTER OF: Accepting and Giving Notice of Completion of Contract for 2019 Asphalt Rubber Cape Seal and
Micro-Surface Seal Project. (Project No. 0672-6U2183/2184) (District I and IV)
The Board of Supervisors RESOLVES that:
Owner (sole): Contra Costa County, 255 Glacier Drive, Martinez, CA 94553
Nature of Stated Owner: fee and/or easement
Project No.: 0672-6U2183/2184
Project Name: 2019 Asphalt Rubber Cape Seal Project
Date of Work Completion: September 27, 2019
Description : Contra Costa County on June 11, 2019 contracted with Pavement Coatings, Inc. for the work generally consisting of
applying an asphalt rubber chip seal covered with a type II slurry seal to various roads in the Lafayette, Martinez, and San Pablo
areas and applying a micro-surface treatment to Pleasant Hill Road and Taylor Boulevard in the Lafayette area.; work also
included surface preparation, including sweeping, weed spray and removal, and tree trimming as necessary, striping and
pavement marking removal and replacement of thermoplastic stripes and pavement markings all in accordance with the Plans,
Drawings, Special Provisions and/or Specifications prepared by or for the Public Works Director and in accordance with the
accepted Bid Proposal. The project was located in the Lafayette, Martinez, and San Pablo areas, with The Ohio Casualty
Insurance Company, as surety, for work to be performed on the grounds of the County; and
The Public Works Director reports that said work has been inspected and complies with the approved plans, special provisions
and standard specifications and recommends its acceptance as complete as of September 27, 2019.
Identification of real property :
San Pablo area at:
Bonnie Drive
Christine Court
Christine Drive
Denise Drive
Frances Road
Heather Drive
Jennifer Drive
Karen Road
Lettia Road
Linda Drive
Madeline Road
Marguerite Drive
Michele Drive
Montalvin Drive
Nancy Drive
Rachel Road
Shamrock Drive
Sheryl Drive
Ashbrook Drive
Bayside Court
Birch Court
Blackwood Court
Blackwood Drive
Broadmore Avenue
Cypress Avenue
Cypress Court
Del Monte Drive
Greenwich Court
Greenwich Road
Highlands Court
Highlands Road
Highlands Place
Lea Court
Manoa Court
Meadowlark Street
Oakmont Court
Rosedale Drive
Salem Court
Shore Haven Court
Southwood Drive
Surfside Court
Lafayette and Martinez areas at:
Benthill Court
Brookwood Court
Brookwood Drive
Byrdee Way
Cherry Hills Court
Cherry Hills Drive
Country Club Drive
Crestview Court
Dana Highlands Court
Del Centro Court
Del Este Street
Del Oceano Court
Del Rio Court
Del Rio Drive
Diablo View Road
Donegal Way
Foothill Park Circle
Francis Drive
Glen Oak Court
Gloria Terrace
Greenhills Drive
Hannibal Drive
Hidden Pond Road
Huston Road
Iroquois Drive
Jennifer Highlands Court
Joplin Court
Julie Highlands Court
La Playa Court
La Playa Drive
Laird Lane
Mohawk Drive
Padre Street
Pebble Beach Loop
Pleasant Hill Road
Ramada Court
Reliez Valley Road
Ridgecrest Court
Sharon Circle
Silverhill Court
Silverhill Drive
Silverhill Way
Smoketree Court
Sunrise Ridge Drive
Surmont Court
Surmont Drive
Theresa Lane
Villa Court
Wee Donegal
Whitfield Court
Withers Avenue
Fees: none
Legal References : none
Comments: none
Contact: Kevin Emigh, 925.313.2233
I hereby certify that this is a true and correct copy of an action taken and
entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
RECOMMENDATION(S):
As the governing body of the Contra Costa County Flood Control and Water Conservation District
(District), APPROVE the License Agreement with Bridge Grayson Creek Associates for use of a portion of
Grayson Creek Channel for emergency vehicle access near the Pleasant Hill area. The term begins April 1,
2019 through March 31, 2023, with one five-year renewal option. The annual fee for the first five years is
$2,000 with a $1,000 increase for the renewal option.
AUTHORIZE the Chief Engineer, or designee, to execute, on behalf of the District, the License Agreement
and to exercise any options to extend the lease term.
FISCAL IMPACT:
No fiscal impact to General Fund. The License Agreement will obligate Bridge Grayson to pay $2,000 per
year for a total of $10,000. Payments will be deposited into the Contra Costa County Flood Control and
Water Conservation District Flood Zone 3B account.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V
Supervisor
Contact: Angela Bell, 925.
957-2451
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 6
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director/Chief Engineer
Date:November 12, 2019
Contra
Costa
County
Subject:APPROVE a License Agreement with Bridge Grayson Creek Associates for emergency vehicle access, Pleasant Hill
area.
BACKGROUND:
The District owns property identified as the Grayson Creek Flood Control Channel near Chilpancingo
Parkway in Pleasant Hill. In 2002, Bridge Grayson Creek Associates approached the District about
using a portion of the property to meet conditions of approval related to the construction of an apartment
that was completed and is located at 100 Chilpancingo Parkway. One of the conditions of approval was
to provide a secondary access point for emergency vehicles, if the main entrance to the complex was not
available. In 2002, the District issued Bridge Grayson a license agreement allowing them to enter a
portion of the property to install improvement, construct, use and maintain a paved road for emergency
vehicles. The license agreement has expired. In order to continue use and maintenance of the road, the
Bridge Grayson and the District desire to enter into a new license agreement.
CONSEQUENCE OF NEGATIVE ACTION:
If this license agreement is not approved, Bridge Grayson Creek Associates will not be able to provide
additional access for emergency vehicles and the District’s Flood Zone 3B will not receive an annual
deposit.
ATTACHMENTS
License Agreement
1
LICENSE AGREEMENT
This License Agreement (“Agreement”) is effective December 1, 2019, (“Effective
Date”) by and between CONTRA COSTA COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT, hereinafter called "District," and BRIDGE GRAYSON
CREEK ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, hereinafter called
"Licensee." The District and the Licensee are sometimes referred to together as the
“Parties” and individually as “Party.”
Recitals
A. The Licensee owns a housing development adjacent to the Property, located at
100 Chilpancingo Parkway, Pleasant Hill, California (the “Licensee Property”). The
District is the owner of certain real property located adjacent to the Licensee
Property along the west bank of Grayson Creek, in Pleasant Hill, and as shown in
red in Exhibit "A" attached hereto (the "Property").
B. The Licensee desires to obtain a license to enter and use the Property to maintain
certain improvements, and for emergency access to the Licensee Property. The
District is willing to grant Licensee a license to enter and use the Property for those
purposes under the terms and conditions contained in this Agreement.
Agreement
Now, therefore, for good and valuable consideration, the receipt of which is
hereby acknowledged by each Party, the Parties agree as follows:
1. Grant of License. Subject to the terms and conditions of this Agreement,
District hereby grants to Licensee, for use by it and its officers, employees,
agents, and contractors (“Licensee Parties”), a revocable nonexclusive
license to enter, use, and maintain the Property for the purpose of
maintaining (1) improvements described in those Civil Engineering plans
entitled “Grayson Creek Apartments Site Improvement Plans” prepared by
DK Associates, dated September 20, 2001, and as provided and approved
as Flood Control Permit #624-00 (“Improvements”), and (2) a paved access
road (“Access Road”).
2. District’s Title. Licensee hereby acknowledges District’s fee title in and to
the Property and agrees never to assail or to resist said title. Licensee agrees
that it has not acquired, nor will it hereafter ever acquire, as a result this
Agreement and the license granted hereunder, any rights or interest in the
Property, nor does Licensee have nor will it obtain any right or claim to the
use of the Property beyond those specifically granted in th is Agreement.
Construction of any improvements by Licensee on or about the Property
shall not give rise to a license coupled with an interest.
2
3. Term. This Agreement commences on December 1, 2019, and it expires on
November 30, 2023 (the “Initial Term”), unless this Agreement is terminated
earlier as provided herein.
4. Renewal Term. Licensee, at its sole discretion, may extend the term of this
Agreement for an additional five years beyond the end of the Initial Term ,
commencing on December 1, 2023, and terminating on November 30, 2028,
(the “Renewal Term”) by providing written notice of renewal to the District on
or before September 1, 2023 (the “Renewal Notice”).
5. Fees.
A. Initial Term. Within 30 days after the execution of this Agreement by
both Parties, Licensee shall pay the District $2,000 as the fee for the
period from December 1, 2019, through November 30, 2020. For each
December 1 through November 30 period (each, a “Year”) thereafter
during the Initial Term, Licensee shall pay the District $2,000 per Year,
or portion thereof, that this Agreement remains effective during the Initial
Term. Licensee shall make each of those payments to the District by
the September 1 immediately preceding the Year, or portion thereof, for
which payment is being made (e.g., by September 1, 2020, for the
December 1, 2020, through November 30, 2021 Year).
B. Renewal Term. If Licensee elects to renew the term of this Agreement
for an additional five years through November 30, 2028, Licensee shall
pay the District $3,000 per Year, or portion thereof, during the Renewal
Term that this Agreement remains effective during the Renewal Term.
Licensee shall make the first of those payment when it provides the
District its Renewal Notice. Licensee shall pay e ach of the remaining
payments to the District by the September 1 immediately preceding the
Year, or portion thereof, for which payment is being made (e.g., by
September 1, 2023, for the December 1, 2023, through November 30,
20254 Year).
6. Non-Discrimination. Licensee, as a part of the consideration hereof, agrees
that: 1) no person on grounds, including, but not limited to, race, color, sex,
or national origin shall be excluded from using, denied the benefits of, or be
otherwise subjected to discrimination in the use of the Property. 2) Licensee
shall furnish use of the Property, and the improvements thereon a fair, equal,
and non-discriminatory basis to all users thereof. In the event of breach of
any of the above non-discrimination covenant,
7. Use of Property. Licensee's use of Property shall be limited to maintaining
and using the Access Road and the Improvements, in accordance with the
terms of this Agreement. Licensee agrees that the Access Road may be
used only by (a) emergency vehicles, which is limited to law enforcement
vehicles, ambulances, and fire vehicles, (b) Licensee’s vehicles when
3
performing maintenance or other activities authorized by this Agreement ,
and (c) the District’s and District permittees’ and invitees’ vehicles when for
all purposes authorized by the District. Licensee’s barricades of the Access
Road shall accept both District’s and Licensee’s locks, so that both District
and Licensee shall be able to independently unlock and open said barricade
without the other’s presence.
8. Suspension or Limitation of Use. District, in its sole discretion, may
temporarily suspend or limit Licensee’s use of the Access Road or
Improvements, without compensation to Licensee, for a reasonable amount
of time, as so determined solely by the District, for the protection of public
safety or for the construction, installation, operation, maintenance, or repair
of facilities on or near the Property, or other property near the Property.
Should such suspension or limitation be necessary, District shall provide
Licensee thirty (30) days’ prior written notice. However, in the event that the
District exercises its rights under this Section 8 due to circumstances that, in
the District’s opinion, constitute an emergency, the District will endeavor to
provide notice suspension or limitation hereunder as soon as practicable
under the circumstances, which may result in notice being given after the
suspension or limitation has begun. During any period of suspension or
limitation hereunder, the District will attempt to, but is not obligated to,
provide continued access for emergency vehicles through the Property as
described in Section 7. Use of Property.
9. Revocation and Termination of License. The District may terminate this
Agreement at any time upon 30 days’ advance written notice to Licensee.
Licensee may terminate this Agreement upon 90 days’ advance written
notice to the District. Licensee shall not be entitled to any compensation
upon the termination of the license by the District or by the Licensee.
10. Permits and Approvals.
A. Permits Required. Licensee shall be responsible for obtaining any
required permits or approvals from any agency having jurisdiction over
Licensee’s activities on the Property under this Agreement. This
Agreement does not constitute governmental approval by Cont ra Costa
County Flood Control District any construction, reconstruction, removal,
or other work within the Property, other than maintenance of the Access
Road and the Improvements under the terms of this Agreement. Neither
Licensee, nor Licensee’s agents, employees, contractors, or sub-
contractors shall perform any such construction, reconstruction,
removal, or other work within the Property without first obtaining
District’s written approval of said work in the form of an approved Flood
Control Permit (“Permit”). To seek a Permit from the District, at a
minimum, Licensee shall furnish to District a complete description and
three (3) sets of plans, drawings, calculations, or other documents
necessary to support the proposed work, and Licensee shall comply with
4
all the requirements and conditions for the issuance of a Permit,
including the submittal of cash deposits and/or cash bonds. In
performing work under a Permit approved by District, Licensee shall not
deviate in any material manner from the plans appr oved by District
without first obtaining additional written approval from District. Licensee
shall be responsible for all the expenses of the District related to the
Permit. To the extent that any term of the Permit conflicts with a similar
term in this Agreement, the term of the Permit shall prevail as it applies
to any work authorized by the Permit.
B. Routine and Emergency Maintenance. Licensee shall not be required
to obtain District’s prior written approval, or any Permit, when Licensee,
its employees, contractors, or agents are performing routine
maintenance of, or emergency repairs to, the Access Road or the
Improvements. As used in this Section, the term “Routine Maintenance”
refers to recurring and usual work that (a) is required to maintain the
Access Road or Improvements for their intended purposes, and (b) does
not alter the design or footprint of the Access Road or Improvements,
and (c) in the case of replacing materials at the end of their useful life,
does not result in a betterment of the Access Road or Improvements.
As used in this Section, the term “Emergency Repairs” refers to
maintenance of, or repairs to, the Access Road or Improvements that
(a) is immediately necessary to protect the safety of persons or property
from threatened or actual harm, injury, death, or destruction, and (b)
does not alter the design or footprint of the Access Road or
Improvements, and (c) does not result in a betterment of the Access
Road or Improvements. Licensee shall notify the District at least ten
(10) days before performing any Routine Maintenance on the Property.
When making Emergency Repairs, Licensee shall provide the District as
much notice as practicable under the circumstances, but in no event
shall such notice be provided more than 24 hours after the Licensee
begins the Emergency Repairs. When performing Routine Maintenance
or making Emergency Repairs, the Licensee shall perform that work in
such a manner that District shall, at all times, be able to use and gain
access to its facilities and Property.
C. Third-Party Work. The District reserves the right to allow any Third-Party
to access the Property to perform any work authorized under a District
easement, license, or flood control permit, provided that the Third-Party
does not unreasonably interfere with Licensee’s use of the Property
under this Agreement. For the purposes of this Agreement, a “Third-
Party” is any person other than the Licensee, Licensee Parties, or the
District or Contra Costa County, or their officers, employees,
contractors, agents, or invitees.
D. Inspection. All work performed by Licensee under this Section shall be
subject to inspection by District and the submittal of as-built drawings.
5
11. Nonexclusive Rights of Use. Licensee’s right to use the Property under
this Agreement is revocable and nonexclusive. The District reserves the
right to issue easements, licenses, and permits to Third Parties to use the
Property for other purposes so long as such use will not unreasonably
interfere with the use of the Property by the Licensee under this Agreement.
12. Improvements.
A. Removal for Safety Reasons. The District shall have the right at all times
to require Licensee, at its sole cost and expense, to remove any and all
Improvements and/or the Access Road installed or constructed by
Licensee on the Property within 10 days after the District provides
written notice to Licensee (“Removal Notice”) that the District, in its sole
discretion, determines that the Improvements and/or Access Road pose
a health or safety hazard to the public or others that use the Access
Road.
B. Removal Upon Expiration or Termination. Upon the termination or
expiration of this Agreement, the Licensee shall leave the Access Road
and all Improvements on the Property, unless the District provides the
Licensee written notice to remove the Access Road and/or
Improvements (also a “Removal Notice”). Licensee, at its sole cost and
expense, shall remove the Access Road and/or Improvements
designated in the Removal Notice within 30 days after receiving the
notice.
C. District Removal and Reimbursement. If, after receiving a Removal
Notice, Licensee fails to remove the Improvements and/or Access Road
within the time required under Sections 12.A. and 12.B., the District shall
have the right to remove the Improvements and/or Access Road
designated in the Removal Notice, and Licensee shall be required to
reimburse the District for all of the District’s costs related to removing
the Access Road and/or Improvements within five (5) days after receipt
of District’s written request for said reimbursement.
D. No Compensation. Licensee shall not be entitled to any compensation
for the Access Road and/or any Improvements left on the Property at
the expiration or termination of this Agreement, or where the Access
Road and/or Improvements are required to be removed .
E. Survival. The requirements of this Section 12 shall survive the
termination or expiration of this Agreement.
13. Security. The District shall have no responsibility for the safety and security
of Licensee’s Improvements or for Licensee Parties’ use of the Property.
6
14. Utilities. Licensee shall not install any utilities on the Property without
istrict’s prior written consent. Upon District’s prior written consent, Licensee
shall install all utilities so approved at Licensee’s sole expense, and
Licensee shall pay, on Licensee’s own account, all charges for said utilities
used or consumed on the Property u nder this Agreement. Upon the
expiration, revocation, or other termination of this Agreement, Licensee
shall either, at District’s sole discretion, remove all or portions of those
utilities installed by Licensee on the Property, or leave them in place. The
requirements of this Section 14 shall survive the expiration or termination of
this Agreement.
15. Existing Facilities. It is understood and agreed that the District has leases
and/or licenses with Third-Parties for all or a portion of the Property. The
holders of the leases and/or licenses described above have the right to
enter on the Property and maintain their facilities, and the District shall not
be liable to the Licensee for any damage to Licensee’s Improvements or the
Access Road resulting from such maintenance, or resulting from any
activities by Third Parties.
16. Maintenance. Licensee, at Licensee’s sole expense, shall maintain the
Property, including the Access Road and the Improvements, in a clean,
safe, and presentable condition, free from waste, litter, and other items.
Licensee’s maintenance of the Access Road and Improvements shall
include, but not be limited to, the provisions in Sections 16.A. through 16.F.
If Licensee fails to so maintain the Access Road and Improvem ents, then,
after thirty (30) days’ prior written notice specifying the needed work, District
may perform or hire the necessary work at the sole expense of Licensee,
which expense Licensee agrees to reimburse in full to the District within five
(5) days after receiving a demand for reimbursement from the District.
Notwithstanding the foregoing, Licensee shall not be responsible for
maintenance of the Access Road or Improvements, or any other portion of
the Property, after the terminatiomn of this Agreement.
A. Signs. Licensee shall obtain written permission from the District before
installing information or warning signs on the Property.
B. Trees and Vegetation. Licensee shall obtain written approval from the
District before installing new landscaping on the Property. Licensee shall
maintain all landscaping, trees, and vegetation it installs on the Property.
C. Litter. Licensee shall pick up and remove all litter on the Property.
D. Maintenance of Access Road and Improvements . Licensee shall
maintain all paving on the Access Road, and shall maintain all
Improvements installed by Licensee. Notwithstanding the foregoing, the
District will maintain the barrier gate at the entrance to the Property from
Chilpancingo Parkway. Licensee shall immediately repair any damage
7
to the District’s facilities caused by Licensee or by the construction or
maintenance of Licensee’s Improvements.
E. Fencing. Licensee shall maintain all fencing, gates, and barricades
(other than the barrier gate m aintained by the District under Section
16.D.) that Licensee installs on the Property.
F. Graffiti. Licensee shall, at its expense, promptly clean, repaint, or
remove any graffiti placed on the Access Road or on Improvements on
the Property.
17. Damage. The rights granted herein are surface rights only and no
excavation shall be allowed. It is the responsibility of L icensee to contact
easement, lease, and license holders to determine that the Property is able
to support any vehicle brought onto it by Licensee Parties without damage
to subsurface or surface facilities in the Property. Licensee shall repair all
damage and return the Property to a neat and safe condition satisfactory to
District and such other users. Licensee shall be responsible for the removal,
relocation, replacement, protection, and reconstruction of the Access Road
or any of the Improvements when District finds such work necessary for the
maintenance, construction, repair, reconstruction, or alter ation of District’s
property, including but not limited to, erosion of the creek bank or sliding of
the graded slopes.
18. No Waste. Licensee, its agents, contractors, employees, guests, and
invitees shall not cause any waste, damage, or destruction to the Property.
Upon termination or expiration of this Agreement, Licensee shall, at its sole
expense, repair any damage or destruction caused by Licensee that
occurred during Licensee’s use of the Property and shall restore the
Property to its original condition, reasonable wear and tear and construction
of the Improvements described herein excepted.
19. Pollution. Licensee, at its sole expense, shall comply with all applicable
laws, regulations rules, with respect to the use of the Property, regardless
of when they become or became effective, including, without limitation,
those relating to health, safety, noise, environmental protection,
waste disposal, and water and air quality; and Licensee shall furnish
satisfactory evidence of such compliance upon request of District.
No hazardous materials shall be handled at any time upon the Property.
Should any discharge, leakage, spillage, emission or pollution of any type
occur upon or from the Property due to Licensee's use and occupancy of
the Property, Licensee, at its sole expense, shall clean the Property and all
properties affected thereby, whether owned or controlled by the District or
any third parties. All cleaning of District-owned or occupied properties shall
be completed to the satisfaction of District and any governmental body or
8
agency having jurisdiction over the properties or the cleanup, including but
not limited to the regional water quality control board.
To the extent permitted by law, Licensee shall indemnify, hold harmless,
and defend the District, Contra Costa County, their officers, employees,
contractors, and agents, and all other persons having a license or an
easement in the Property (collectively, “Indemnitees”) against all liability,
cost, and expense (including, without limitation, any fines, penalties,
judgments, litigation costs, and attorneys' fees) incurred by any Indemnitees
(a) as a result of Licensee’s breach of its obligations under this section, or
(b) as a result of any such discharge, leakage, spillage, emission or
pollution, regardless of whether such liability, cost or expense arises during
or after the term of this License, unless such liability, cost or expense is
proximately caused solely by the active negligence of the District.
Licensee shall pay all amounts due any Indemnitees under this section
within ten (10) days after any such amounts become due. The requirements
of this Section 19 shall survive the expiration or termination of this
Agreement.
20. District’s Use of Herbicides. Licensee hereby acknowledges and
understands that District may, at any time, use chemical herbicides on the
Property and on or near the Access Road and Licensee’s Improvements,
as described herein, and Licensee shall not be held liable to Contra Costa
County or to District for said use by District. Licensee agrees to allow such
use, without disruption or challenge, on or near the Property, the Access
Road, and Licensee’s Improvements thereon, as described herein.
Licensee hereby knowingly waives its right to make any claim for liability
against District and Contra Costa County, and their officers, employees,
agents, and representatives for any damage resulting from their use of
chemical herbicides under this Section 20; and, as to those liabilities,
Licensee hereby expressly waives all rights provided by section 1542 of the
California Civil Code, which provides as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS
SETTLEMENT WITH THE DEBTOR.”
21. Hold Harmless. Licensee shall defend, indemnify, save, and keep
harmless the Indemnitees from and against all liabilities, judgments, costs,
and expenses which may in any way accrue against any Indemnitees as a
result the granting of the license under this Agreement, or arising from or in
connection with the Licensee Parties’ occupancy and use of the Access
Road, Improvements, or Property under the terms of this Agreement, save
and except claims or litigation arising from the sole negligence or sole willful
9
misconduct of the District. The requirements of this Section 21 shall survive
the expiration or termination of this Agreement.
22. Insurance. Licensee, at its sole cost and expense, shall obtain and
maintain during term of this Agreement, comprehensive liability insurance
with a minimum combined single-limit coverage of $1,000,000 for all claims
or losses due to bodily injury, sickness or disease or death to any person,
or damage to property, including loss of use thereof arising out of e ach
accident or occurrence, and to name Contra Costa County Flood Control
and Water Conservation District, Contra Costa County, and their
officers, agents, and employees as additional insured thereunder. Said
coverage shall provide for a thirty (30) days’ advance written notice to the
District prior to any cancellation or lapse of said policy. The Licensee shall
provide the District evidence of such coverage prior to the Licensee’s
execution of this Agreement, and the Licensee shall immediately provide
the District any renewals and extensions of said policy during the term of
this Agreement. The District may terminate this Agreement immediately
due to any lapse in coverage.
23. Notices. All notices given under this Agreement must be given by First
Class U.S. Mail, postage prepaid, or by overnight carrier, marked for
delivery to the applicable address listed below. When so given, such notice
shall be effective five (5) days after the date of the mailing of the same if
given by U.S. Mail, or the next business day after the notice is deposited for
delivery, if given by overnight carrier.
The address of the District is:
Contra Costa County
Public Works Department
Real Property Division
255 Glacier Drive
Martinez, California 94553
925/957-2467
And the address of Licensee is:
Bridge Grayson Creek Associates
c/o BRIDGE Housing Corporation
600 California Street, Suite 900
San Francisco, CA 94108-2706
Attn: Director of Asset Management
415/989-1111
24. Non-Waiver of Breaches. The District’s failure to insist, in any one or more
instances, upon strict performance of any of the terms or conditions of this
License shall not be considered as a waiver of any subsequent breach as
10
to the same or any other term or condition, but the sa me shall continue and
remain in full force and effect. No waiver of any of the provisions of this
License shall be effective unless in writing and executed by District.
25. Assignment and Subletting. Licensee shall not assign or sublet any of
Licensee’s rights and obligations under this Agreement.
26. No Warranties. The District does not warrant or represent that the Property
is safe, healthful, or suitable for the purposes for which it is permitted to be
occupied and used under the terms of this Agreement.
27. Severability. If any term, covenant, or provision of this Agreement, which
does not materially affect the consideration of this Agreement, is held to be
invalid, illegal, or unenforceable in any respect, the validity of the remainder
of this Agreement shall not be affected thereby.
28. Controlling Law. This Agreement shall be construed in accordance with
the laws of the State of California.
29. Entire Agreement; No Third-Party Beneficiaries. This Agreement
contains the entire agreement between the Parties relating to the rights
herein granted and the obligations herein assumed. No alteration or
variation of this Agreement shall be valid or binding unless made in writing
and signed by the parties hereto. Except for Licensee’s defense and
indemnification of Contra Costa County under this Agreement, and except
for Licensee’s release of Contra Costa County under this Agreement,
nothing in this Agreement, express or implied, is intended to confer on any
person, other than the Parties and their successors and assigns, any rights
or remedies by reason of this Agreement.
[Signatures on next page.]
11
CONTRA COSTA COUNTY FLOOD CONTROL LICENSEE
AND WATER CONSERVATION DISTRICT
APPROVED:
By _
Brian M. Balbas
Chief Engineer
By ________________________
Date: ________________________ Date _______________________
(Date of Board Approval)
(Date signed by Licensee)
RECOMMENDED FOR APPROVAL:
By______________________
Angela Bell
Associate Real Property Agent
By______________________
Karen A. Laws
Principal Real Property Agent
AB:sn:dw
G:\realprop\Bell\License Agreements\FCD Bridge Housing\A060419 (Grayson Bridge License) Final 102119.docx
12
EXHIBIT “A”
Property Entrance
RECOMMENDATION(S):
1. CONSIDER the approved Initial Study/Mitigated Negative Declaration (IS/MND) for the Three Creeks
Parkway Restoration Project, together with Addendum No. 1 and proposed Addendum No. 2, attached
hereto.
2. ADOPT Addendum No. 2 to the IS/MND.
3. FIND, on the basis of the whole record, including the IS/MND and Addenda Nos. 1 and 2 (CEQA
Documents), that there is no substantial evidence the Three Creeks Parkway Restoration Project (Project),
as described in the CEQA Documents, will have a significant effect on the environment, and that the
CEQA Documents reflect the independent judgment and analysis of the lead agency.
4. APPROVE the Project and AUTHORIZE the Chief Engineer, Contra Costa County Flood Control and
Water Conservation District (Flood Control District), or designee, to advertise the civil/earth work portion
of the Project.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V Supervisor
Contact: Gus Amirzehni, (925)
313-2128
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Tim Jensen, Flood Control, Paul Detjens, Flood Control, Gus Amirzehni, Flood Control, Claudia Gemberling, Environmental, Catherine Windham, Flood Control
C. 7
To:Contra Costa County Flood Control District Board of Supervisors
From:Brian M. Balbas, Public Works Director/Chief Engineer
Date:November 12, 2019
Contra
Costa
County
Subject:Three Creeks Parkway Restoration Project approval and take related actions under California Environmental Quality
Act. Project No. 7562-6D8490
RECOMMENDATION(S): (CONT'D)
5. DIRECT the Director of Conservation and Development to file a Notice of Determination with the
County Clerk.
6. SPECIFY that the Chief Engineer is the custodian of the documents and other material that constitute
the record of proceedings upon which the Board’s decision is based and that the record of proceedings is
located at 255 Glacier Drive, Martinez, CA.
7. AUTHORIZE the Chief Engineer, or designee, to arrange for payment of a $50 fee to the County
Clerk for filing the Notice of Determination, and a $25 fee to the Department of Conservation and
Development for processing.
FISCAL IMPACT:
The estimated cost for advertising the Project for bids is $11,000, which will be funded by Flood Control
Drainage Area 130 funds. The Flood Control District is currently working on an agreement with
American Rivers for sharing costs and responsibilities for the Project. Payment of the required $75 in
fees will also be funded by Flood Control Drainage Area 130 funds.
BACKGROUND:
The Three Creeks Parkway Restoration Project, a joint effort by the Flood Control District and
American Rivers, Inc. (American Rivers), involves the widening of Marsh Creek and installation of
native landscaping in and alongside three reaches of the creek in the Brentwood area, starting at the
Union Pacific Railroad overcossing and ending at Dainty Avenue. The Project is an expansion of a
smaller project, originally proposed by American Rivers, for which the California Department of Water
Resources in 2016 provided a grant to both American Rivers and the Flood Control District. In March
27, 2018, the Flood Control District and American Rivers entered into an agreement to share costs of
completion of the smaller project. American Rivers has obtained a number of grants to fund the larger
Project, while the Flood Control District is utilizing Flood Control Drainage Area 130 funds to pay its
costs.
An IS/MND based on an early project description was approved by the Board on September 27, 2016.
When the scope of the project changed, Addendum 1 to the IS/MND was prepared and approved by the
Board when the Board approved the Project on March 27, 2018. However, some of the project
components, including the installation of park improvements on a city-owned parcel known as the
“Dainty Triangle,” and development of a trail leading to a proposed pedestrian bridge over the creek,
were not identified in either the IS/MND or Addendum 1. For this reason, Addendum 2 was prepared to
identify and analyze the additional improvements. Because the current Project is technically different
from the Project approved in 2018, it is necessary to approve the current Project and file a new Notice of
Determination.
The Flood Control District and Amercan Rivers, Inc., are in the final stages of negotiation of a funding
agreement to set forth cost sharing and other obligations of each party with regard to completing the
Project. The funding agreement would supercede the 2018 agreement between the parties. It is
anticipated that the Flood Control District will take the lead on advertising and constructing the
civil/earth work portion of the Project, and that the construction would take place next spring. It is also
anticipated that American Rivers will take the lead on advertising and completing the landscaping
portion of the Project, and then maintaining and monitoring the landscaping during an establishment
period.
Staff is recommending advertising for bids of the civil/earth work portion of the Project at this time to
maintain the Project schedule. Action by the Board to authorize advertising for bids does not commit the
Flood Control District to enter into a construction contract. Staff does not intend to recommend award of
a construction contract until after approval of the above-referenced funding agreement.
CONSEQUENCE OF NEGATIVE ACTION:
Without the above Board actions, the Project cannot move forward to construction, potentially causing
$5.2 million of grant funding to be lost. Instead, only the smaller project approved on March 27, 2018
could be constructed.
ATTACHMENTS
Three Creeks Parkway Restoration Project Initial Study/Mitigated Negative Declaration
Addendum No. 1 to the Three Creeks Parkway Restoration Project Initial Study/Mitigated Negative
Declaration
Addendum No. 2 to the Three Creeks Parkway Restoration Project Initial Study/Mitigated Negative
Declaration
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Document Path: P:\GIS USERS - Projects\FC_Zone\Zone 1\Three Creeks Parkway.mxd
Drawn By: R. Sanders
Date: 8/19/2015
Three Creeks Parkway
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FIGURE 1
SOURCE: Restoration Design Group, Inc. 2016
1273.001-06/16
SOURCE: Restoration Design Group, Inc. 2016
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SOURCE: American Rivers, 2016
1273.001-07/16
THREE CREEKS PARKWAY RESTORATION
PROJECT
Initial Study and
Proposed Mitigated Negative Declaration
The following Initial Study has been prepared in compliance with CEQA.
Prepared By:
Impact Sciences
505 14th Street, Suite 1230
Oakland, CA 94612
Prepared For:
Contra Costa County Flood Control and Water Conservation District
255 Glacier Drive
Martinez, CA 94553
Contact: Claudia Gemberling
(925) 313-2192
and
American Rivers
2150 Allston Way, Suite 320
Berkeley, CA 94704
Contact: Sarah Beamish
(415) 203-3766
County Project No.: 16-39
August 2016
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CCCFDWCD i Three Creeks Parkway Restoration Project Initial Study/MND
No.: 16-39 August 2016
TABLE OF CONTENTS
Section Page
INTRODUCTION ....................................................................................................................................................... 1
Initial Study ................................................................................................................................................... 1
Public and Agency Review ......................................................................................................................... 1
Organization of the Initial Study ................................................................................................................ 2
1. PROJECT INFORMATION ......................................................................................................................... 3
2. PROJECT DESCRIPTION ............................................................................................................................ 4
2.1 Introduction .................................................................................................................................... 4
2.2 Project Location and Surrounding Land Uses ........................................................................... 4
2.4 Project Components ....................................................................................................................... 9
2.5 Project Construction Activities and Schedule .......................................................................... 18
2.6 Long Term Maintenance ............................................................................................................. 19
2.7 Permits and Approvals Required .............................................................................................. 19
3. SUMMARY OF ENVIRONMENTAL EFFECTS .................................................................................... 20
4. DETERMINATION .................................................................................................................................... 21
5. EVALUATION OF ENVIRONMENTAL EFFECTS .............................................................................. 22
5.1 Aesthetics ...................................................................................................................................... 23
5.2 Agricultural and Forestry Resources ......................................................................................... 25
5.3 Air Quality .................................................................................................................................... 27
5.4 Biological Resources .................................................................................................................... 33
5.5 Cultural Resources ....................................................................................................................... 48
5.6 Geology and Soils ......................................................................................................................... 52
5.7 Greenhouse Gas Emissions ......................................................................................................... 55
5.8 Hazards and Hazardous Materials ............................................................................................ 58
5.9 Hydrology and Water Quality ................................................................................................... 61
5.10 Land Use and Planning ............................................................................................................... 65
5.11 Mineral Resources ........................................................................................................................ 66
5.12 Noise .............................................................................................................................................. 67
5.13 Population and Housing ............................................................................................................. 71
5.14 Public Services .............................................................................................................................. 72
5.15 Recreation ...................................................................................................................................... 74
5.16 Transportation and Traffic .......................................................................................................... 75
5.17 Utilities and Service Systems ...................................................................................................... 77
5.18 Mandatory Findings of Significance .......................................................................................... 79
6. REFERENCES ............................................................................................................................................. 81
7. REPORT PREPARERS ............................................................................................................................... 82
8. TECHNICAL CONSULTANTS ................................................................................................................ 82
CCCFDWCD ii Three Creeks Parkway Restoration Project Initial Study/MND
No.: 16-39 August 2016
LIST OF FIGURES
Figure Page
1 Project Location ............................................................................................................................................ 5
2 Site Plan ......................................................................................................................................................... 6
3 Project Area Photographs ............................................................................................................................ 7
4 Upper Reach Improvements ..................................................................................................................... 11
5 Upper Reach Cross-Sections ..................................................................................................................... 13
6 Middle Reach Improvements .................................................................................................................. 14
7 Middle and Lower Reach Cross-Sections ................................................................................................ 15
8 Lower Reach Improvements ..................................................................................................................... 16
LIST OF TABLES
Table Page
1 Project Data ................................................................................................................................................. 10
2 Estimated Construction Emissions .......................................................................................................... 30
CCCFDWCD 1 Three Creeks Parkway Restoration Project Initial Study/MND
No.: 16-39 August 2016
INTRODUCTION
Initial Study
The Three Creeks Parkway Restoration project is a proposal put forth by the Contra Costa County Flood
Control and Water Conservation District and American Rivers to widen and improve an approximately
4,000-foot section of Marsh Creek in the City of Brentwood to provide additional flood conveyance
capacity and restore riparian habitat along the creek. Pursuant to Section 15063 of the State CEQA
Guidelines (Title 14, California Code of Regulations, Sections 15000 et seq.), an Initial Study is a
preliminary environmental analysis that is used by the lead agency (the public agency principally
responsible for approving or carrying out the proposed project) as a basis for determining what level of
environmental review is appropriate (Environmental Impact Report, a Mitigated Negative Declaration, or
a Negative Declaration) for a project. The State CEQA Guidelines require that an Initial Study contain a
project description, description of environmental setting, identification of environmental effects by
checklist or other similar form, explanation of environmental effects, discussion of mitigation for
significant environmental effects, evaluation of the project’s consistenc y with existing, applicable land use
controls, and the name of persons who prepared the study.
As shown in the Determination in Section IV of this document, and based on the analysis contained in
this Initial Study, it has been determined that the proposed project would not result in any significant
impacts that cannot be mitigated to less than significant levels. Therefore, preparation of a Mitigated
Negative Declaration is appropriate.
Public and Agency Review
This Initial Study/Proposed Mitigated Negative Declaration will be circulated for public and agency
review from August 3, 2016 to September 2, 2016. Copies of this document are available for review at the
Contra Costa County Public Works Department at the address below and the County’s webpage:
http://www.co.contra-costa.ca.us/4629/Public-Notices.
Comments on this Initial Study/Proposed Mitigated Negative Declaration must be received by 5:00 PM
on September 2, 2016 and can be sent by regular mail or emailed to:
Contra Costa County Flood Control and Water Conservation District
255 Glacier Drive
Martinez, CA 94553
Attn: Claudia Gemberling
claudia.gemberling@pw.cccounty.us
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CCCFDWCD 2 Three Creeks Parkway Restoration Project Initial Study/MND
No.: 16-39 August 2016
Organization of the Initial Study
This Initial Study is organized into the following sections.
Section 1 – Project Information: provides summary background information about the proposed project,
including project location, lead agency, and contact information.
Section 2 – Project Description: includes a description of the proposed project, including the need for the
project, the project’s objectives, and the elements included in the project.
Section 3 – Environmental Factors Potentially Affected: identifies what environmental resources, if any,
would involve at least one significant or potentially significant impact that cannot be reduced to a less
than significant level.
Section 4 – Determination: indicates whether impacts associated with the proposed project would be
significant, and what, if any, additional environmental documentation is required.
Section 5 – Evaluation of Environmental Impacts: contains the Environmental Checklist form for each
resource and presents an explanation of all checklist answers. The checklist is used to assist in evaluating
the potential environmental impacts of the proposed project and determining which impacts, if any, need
to be further evaluated in an EIR.
Section 6 – References: lists documents used in the preparation of this document.
Section 7 – Initial Study Preparers: lists the names of individuals involved in the preparation of this
document.
Technical studies prepared for this Initial Study are available at Contra Costa County Public Works
Department at the address noted above.
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CCCFDWCD 3 Three Creeks Parkway Restoration Project Initial Study/MND
No.: 16-39 August 2016
1. PROJECT INFORMATION
Project title:
Three Creeks Parkway Restoration Project
Lead agency name and address:
Contra Costa County Department of Development and Conservation
30 Muir Road
Martinez, CA 94553
Contact person and phone number:
Claudia Gemberling
(925) 313-2192
Claudia.Gemberling@pw.cccounty.us
Project location:
Marsh Creek between just north of Dainty Avenue bridge and south of Union Pacific Railroad
bridge in the City of Brentwood
Project sponsor’s name and address:
Contra Costa County Flood Control and Water Conservation District
255 Glacier Drive
Martinez, CA 94553
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CCCFDWCD 4 Three Creeks Parkway Restoration Project Initial Study/MND
No.: 16-39 August 2016
2. PROJECT DESCRIPTION
2.1 Introduction
The Three Creeks Parkway Restoration project is a multi-benefit flood control and creek restoration
project proposed by the Contra Costa County Flood Control and Water Conservation District (“District”
or “CCCFCD”) and American Rivers, a non-profit organization that protects wild rivers and restores
damaged rivers. It proposes to improve flood conveyance capacity and restore native vegetation along an
approximately 4,000 linear feet section of Marsh Creek located in Brentwood by widening the channel
with a floodplain (or sections where more constrained, floodplain benches) and planting with native
vegetation. When implementation is complete, the project site will include up to 1.0 acres of frequently
inundated floodplain (seasonal wetland), 1.87 acres of woody riparian vegetation, and 1.87 acres of
grasslands and native scrub. The project will also enhance habitat and recreation within the watershed.
In addition to the District and American Rivers, other project partners include the City of Brentwood, the
Friends of Marsh Creek Watershed (FOMCW), East Contra Costa County Habitat Conservancy
(ECCCHC), and East Bay Regional Park District (EBRPD).
2.2 Project Location and Surrounding Land Uses
Marsh Creek watershed, located about 35 miles east of San Francisco, is uniquely situated between the
Bay-Delta and the Diablo Range, providing an important ecological corridor in a burgeoning urban area.
Marsh Creek flows 30 river miles from the eastern slope of Mount Diablo State Park in central Contra
Costa County to the San Joaquin Delta at Big Break in Oakley. Major tributaries to Marsh Creek include
Dry, Deer, and Sand Creeks. Through the existing EBRPD park facilities and trails, Marsh Creek also
provides a cultural and physical connection to the Delta, allowing East County residents to walk and bike
from Big Break and its aquatic recreation facilities, through Oakley to downtown Brentwood. Thus,
Marsh Creek provides one of the longest, non-motorized pathways in Contra Costa County.
The project site is located along Marsh Creek in the City of Brentwood (Figure 1). The upper/southern
limit of the project is just north of Dainty Avenue Bridge while the lower/northern limit is the pedestrian
bridge across Marsh Creek about 175 feet south of the Union Pacific Railroad (UPRR) tracks. Marsh Creek
trail, a regional trail owned by EBRPD is located on the east bank of Marsh Creek within the project area.
As shown in Figure 2, the project is divided into three reaches:
Upper Reach
Upper Reach is the upper 1,600 linear-foot section of the creek from near Dainty Avenue Bridge up to
Deer Creek confluence.
The area to the east and west of the Upper Reach is developed with residential neighborhoods
(Figure 3).1 A vacant 0.4-acre City-owned parcel is located on the east side of the Upper Reach just
1 Future parks shown in Figure 3 are not part of the proposed project and will not be analyzed in this Initial Study.
CEQA analysis of the future City parks were conducted by adjacent development properties.
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Document Path: P:\GIS USERS - Projects\FC_Zone\Zone 1\Three Creeks Parkway.mxd
Drawn By: R. Sanders
Date: 8/19/2015
Three Creeks Parkway
^
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FIGURE 1
SOURCE: Restoration Design Group, Inc. 2016
1273.001-06/16
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SOURCE: Restoration Design Group, Inc. 2016
LOWER REACH
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SOURCE: American Rivers, 2016
1273.001-07/16
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CCCFDWCD 8 Three Creeks Parkway Restoration Project Initial Study/MND
No.: 16-39 August 2016
south of Central Boulevard. Willow Wood School/Dainty Center (Preschool-7th grade/infant care) is
located to the east of the Upper Reach between Central Boulevard and Dainty Avenue. There is a
vacant strip of land to the west between the creek and Central Boulevard owned by the District and
City of Brentwood. Residential neighborhoods are present to the west of Central Boulevard and
Marsh Creek up to Deer Creek (Figure 3).
Middle Reach
Middle Reach is the 800 linear-foot section of the creek between Deer Creek confluence and just south
of Sand Creek confluence.
Lands to the east of the Middle Reach are developed with residential subdivisions whereas the land
to the west (Griffith parcel) is undeveloped at this time (Figure 3).
Lower Reach
Lower Reach is the 1,600 linear-foot section of the creek from just south of the Sand Creek confluence
to the pedestrian bridge (Figure 3).
Lands to the east of the Lower Reach are undeveloped at this time although a linear city park is
planned adjacent to the creek and the remaining area is the site of the approved Pulte residential
subdivision (formally known as Palmilla subdivision). Single-family homes (Carmel Estates) and a
city park (Sungold Park) are located to the west of the Lower Reach.
2.3 Project Need and Objectives
During the 1960s and early 1970s, approximately 7.9 miles of Marsh Creek from the mouth of the creek
near Big Break on San Joaquin Delta in Oakley to the Dry Creek confluence in Brentwood were
channelized into earthen and armored trapezoidal flood control channels. To provide conveyance
capacity, the flood control channel was designed with steep banks, all riparian vegetation along the
channel was removed, and the earthen channel was vegetated with non-native grasses. The channel was
designed for a 50-year flood event in an agricultural setting.
Since the flood control channel was constructed, the upper watershed has remained mostly protected
parklands and open space, but the lower watershed has urbanized rapidly. Over the last 25 years, the
population of the Marsh Creek watershed has increased six fold. This development has transformed the
watershed into a dense residential and commercial area, covering open space with impervious surfaces,
substantially increasing runoff volume and degrading water quality. The District has constructed
detention basins on each of Marsh Creek’s three tributaries (Dry, Deer, and Sand Creeks) to accommodate
increased run-off associated with urban development and impervious surfaces; however, urban and
agricultural runoff remain issues.
An Engineer’s Report prepared by the District in January 1990 identified the need to widen 7,000 feet of
Marsh Creek to reduce flooding in the lower portion of the watershed. Based on the report, the District
prepared a plan to widen the creek in three phases, with Phase I involving creek widening from Summer
Circle to near Dainty Avenue Bridge, Phase II (” Upper Reach”) involving widening from near Dainty
Avenue Bridge to Deer Creek confluence, and Phase III (“Middle Reach”) widening the creek between
Deer Creek and Sand Creek. In March 1990 the “Draft Environmental Impact Report for the Marsh Creek
CCCFDWCD 9 Three Creeks Parkway Restoration Project Initial Study/MND
No.: 16-39 August 2016
Watershed, Regional Drainage Plan” was published and a Final EIR was subsequently approved.
Following this approval, Phase I was completed in 2000, which included the installation of a new concrete
culvert at Dainty Avenue and creek widening that was almost entirely on the east bank.
Downstream of Phase I, Marsh Creek does not meet the District’s standards for flood protection,
exposing adjacent homes and businesses to flood risk. When looking at the capacity within the channel
the District requirement for containment is controlled by the 50-year water surface elevation level (WSEL)
plus freeboard or the 100-year WSEL, whichever one is higher. District analysis indicates that for the
channel downstream of Phase I project, the 50-year WSEL plus freeboard will be greater than the 100-year
WSEL and dictates the channel design. The project will widen the downstream sections of the creek so
that the 100-year storm water surface elevation level and the 50-year storm plus WSEL would be
contained within the creek channel.
Both the channelization that was implemented in the 1960s and early 1970s and the removal of riparian
vegetation for flood management have limited the ecological functions of the creek. These factors have
severely limited habitat complexity, structure, shade, riparian inputs, and floodplain wetlands. High
velocities during annual peak flow events, which are exacerbated by increased peak run-off from newly
urbanized surfaces, presumably flush most of the egg and larval stages of aquatic species downstream.
Poor water quality from urban run-off is made worse by the lack of wetlands, shade, and microbial
activity. Relatively high temperatures combined with low dissolved oxygen levels have caused four
major fish kills on Marsh Creek over the last nine years. The combination of fish kills and poor habitat
complexity limits the productivity, diversity, and resilience of the creek ecosystem. The project proposes
to improve the ecological functions of the creek by reducing flow velocities, creating wetlands, and
restoring riparian habitat. Although much of the watershed has been constrained by urbanization, the
Three Creeks Parkway Restoration project site is the longest remaining stretch of undeveloped land along
the creek where there is still an opportunity to widen the channel and provide a more natural creek
system that is connected to the historic floodplain.
Lastly, the project would improve recreational amenities. Currently the Marsh Creek Trail located along
the east bank of Marsh Creek passes through a primarily treeless stretch of land. With the restoration of
riparian vegetation along the creek banks, the project would provide areas where trail users can stop in
the shade and enjoy the beauty of the creek which will improve the experience of the trail users.
2.4 Project Components
This project is an innovative non-structural approach to flood management and habitat restoration.
Instead of trying to control the creek in a narrow zone with levees and floodwalls, it focuses on giving the
creek more room to safely convey flood waters while also providing habitat for aquatic and terrestrial
species. Table 1 below presents basic information about the project. Details of the project components
follow the table.
CCCFDWCD 10 Three Creeks Parkway Restoration Project Initial Study/MND
No.: 16-39 August 2016
Table 1
Project Data
Element Upper Reach Middle Reach Lower Reach
Length 1,600 feet 800 feet 1,600 feet
Total Area Disturbed 2.1 acres 1.0 acre 4.25 acres
Soil Excavation 5,500 cu yards 3,500 cu yards 15,000 cu yards
Floodplain or bench width
3-15 feet 3-15 feet 10-30 feet
Bench slopes to top of bank
2:1 or 3:1 2:1 or 3:1 3:1 or less typical, 2:1
max.
Temporary Staging/Access
Areas1
Within creek parcels (017-
17C-004, 017-20C-XXX) or
adjacent City-owned
parcel (017-210-004, 017-
201-038, 017-260-080, 017-
280-113)2
Within creek parcel (017-
17C-004) or adjacent
parcel (017-110-011)2
Within creek parcels (017-
17C-004) or adjacent
private parcels (017-170-
008, 017-170-007)
Permanent Access/Maintenance
Easements1
017-260-080
017-280-113
017-201-038
017-210-029
017-110-011 017-170-007
017-170-008
1 Some or all of the non-County-owned parcels would potentially require a temporary construction easement for
access and staging and/or permanent easement for access and/or maintenance.
2 Parcel numbers and ownership information shown on Figures 4, 6, and 8.
2.4.1 Channel Widening
The main function of expanding the channel is to create enough conveyance capacity to allow for the
planting of woody riparian vegetation (trees) while also safely conveying large flood flows. The project
would increase the cross-sectional area of the stream channel by excavating 24,000 cubic yards (5,500 for
upper, 3,500 for middle, and 15,000 for lower reach,) of earth along approximately 4,000 linear feet of both
banks of Marsh Creek to create new floodplain.
Upper Reach
As noted earlier, the Upper Reach is approximately 1,600 feet of the channel between just north of Dainty
Avenue bridge and Deer Creek confluence. The reach is constrained by development on both sides and
channel widening in this section would include excavation of both banks to construct a number of
floodplain benches on both sides of the creek of varying widths with slopes ranging from 2:1 to 3:1
(Figure 4). The benches would be located above the ordinary high water mark (OHWM). The
construction of the floodplain benches would satisfy the District’s freeboard requirements for an earthen
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Dainty AveCentral BlvdMDEER CREEK358+00
365+50
Retaining Wall
369+00
371+00
Trail
Proposed Trail
Existing Sewer
Parcel
CCCFCD Parcel
HCP Setback for buffer
Proposed Retaining Wall
Cross Section
Proposed Floodplain
Proposed Creek Bank
Upper Reach Improvements
FIGURE 4
SOURCE: Restoration Design Group, Inc. 2016
1273.001-08/16
CCCFDWCD 12 Three Creeks Parkway Restoration Project Initial Study/MND
No.: 16-39 August 2016
channel. Figure 5 presents existing and modified creek cross-sections for this reach.
Once the benches are constructed, permanent slope protection such as erosion control matting or other
biotechnical methods would be installed on all benches and slopes for slope stabilization and to prevent
long-term effects of erosion. The selected erosion control material would provide soil stabilization and
promote vegetation growth.
Widening the channel cross-section is expected to decrease velocities and erosion potential. However,
detailed hydraulic modeling that will be completed to inform the final design may indicate that some
bank armoring is necessary where the expanded channel will taper down to the existing channel at the
downstream project boundary. In one location along the Upper Reach, the project would require a
retaining wall along approximately 250 feet on the left (west) bank due to the presence of Central
Boulevard in Brentwood that will extend approximately 5 feet above ground. The retaining wall would
rise from the back of the floodplain and would not touch the low flow channel. The project also includes
replacement and repair of grouted rock at the Deer Creek confluence.
Middle Reach
The Middle Reach, which is about 800 feet in length, would be widened along the west bank as part of the
proposed project. As the Middle Reach is also constrained, channel widening would involve excavation
of both banks to construct a number of floodplain benches of varying widths as shown in Figure 6, with
slopes ranging from 2:1 to 3:1. The benches would be located above the OHWM. The construction of the
floodplain benches would satisfy the District’s freeboard requirements for an earthen channel. Figure 7
presents existing and modified creek cross-sections for this reach.
Lower Reach
The Lower Reach, which is about 1,600 feet in length, is less constrained, and more substantial widening
of the channel is planned for this area. The project would excavate the east bank of the creek down to the
OHWM to create a 10 to 40-foot wide floodplain with slopes typically 3:1 or less, but never more than 2:1
(Figure 8). Figure 7 presents existing and modified creek cross-sections for this reach. If bank protection
is necessary at some locations, the project would use biotechnical methods or large rocks to create an
aesthetically pleasing bank.
Although erosion is currently not a problem, the project would reduce the potential for erosion by
lowering water stage, reducing the velocity by widening the cross-sectional velocity of the channel, and
establishing native riparian vegetation where compatible with the flood management objectives. To
prevent weathering and erosion of slopes, permanent slope protection in the form of erosion control
matting, armor, biotechnical methods, or appropriate ground cover would be installed, and the material
would provide soil stabilization and promote vegetation growth.
2.4.2 Low-Flow Channel
The existing low-flow channel within project limits is engineered with rock grade control structures and
banks. The existing, engineered channel has proven stable over the last 40 years and the rock grade
358+00
365+50
369+00
Sewer
lecraP doowtnerB fo ytiClecraP tcirtsiD lortnoC doolF
Flood Control District ParcelCentral Blvd ROW City of Brentwood Parcel
City of
Brent-
wood
Parcel
Flood Control District ParcelCentral Blvd ROW
Sewer
TrailWall
Trail
Trail
60
70
80
60
70
80
60
70
80
002051001050
002051001050
002051001050
THREE CREEKS PARKWAY RESTORATION PROJECT - Cross Sections
07.11.16
Existing Ground
Proposed Ground
Proposed Ground FCD Alternative
Property Line
Upper Reach Cross-Sections
FIGURE 5
SOURCE: Restoration Design Group, Inc. 2016
1273.001-07/16
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M
A
R
S
H C
R
E
E
KSAND CREEKDEER CREEKDLT Ventures
(Griffith Parcel)
352+00
Trail
Proposed Trail
Existing Sewer
Parcel
CCCFCD Parcel
HCP Setback for buffer
Proposed Retaining Wall
Cross Section
Proposed Floodplain
Proposed Creek Bank
Middle Reach Improvements
FIGURE 6
1273.001-06/16
SOURCE: Restoration Design Group, Inc. 2016
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342+25
347+00
352+00
75-ft HCP Riparian Buffer
75-ft HCP Riparian Buffer
75-ft HCP Riparian Buffer
Proposed 55-ft ROW Extension*
Manhole
Sewer
Sewer
* Blue denotes FCD Phase II Design Alternative
Trail Bioretention
Trail
TrailTrailTrail*
tnempoleveD etluPlecraP tcirtsiD lortnoC doolF
Flood Control District Parcel
Flood Control District ParcelGriffith Parcel
60
70
80
60
70
80
60
70
80
002051001050
002051001050
002051001050
THREE CREEKS PARKWAY RESTORATION PROJECT - Cross Sections
07.11.16
Existing Ground
Proposed Ground
Proposed Ground FCD Alternative
Property Line
Lower Reach
Middle Reach
Middle and Lower Reach Cross-Sections
FIGURE 7
SOURCE: Restoration Design Group, Inc. 2016
1273.001-07/16
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MARSH C R E E K
SAND CREEK342+25
347+00
Pulte Development
(Formerly Palmilla)
Carmel Estates
UPRR
Trail
Proposed Trail
Existing Sewer
Parcel
CCCFCD Parcel
HCP Setback for buffer
Proposed Retaining Wall
Cross Section
Proposed Floodplain
Proposed Creek Bank
Lower Reach Improvements
FIGURE 8
SOURCE: Restoration Design Group, Inc. 2016
1273.001-08/16
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control structures create a sequence of pools and riffles that provide some habitat for aquatic species. The
excavation for floodplain widening typically will not touch the low-flow channel below the OHWM. The
new floodplain would be graded to inundate during the storm events with the low-flow channel
continuing to function much as it does today. Some work in the low-flow channel may be performed and
would include creation of instream habitat in the low-flow channel by placing boulders and large woody
debris, and the placement of rock slope protection in some portions of the low-flow channel in the Upper
and Middle Reaches.
2.4.3 Sewer Line Relocation
A City of Brentwood sewer main is located on the west side of the Upper Reach (as shown in Figures 4
and 5). For most of the length, the sewer is within the Central Boulevard right of way. However, a portion
of this sewer is located within one of the District’s parcels where flood control improvements would be
constructed. The sewer line is over 15 feet deep, at least 4 feet below the flow line of the creek. As the
sewer line is below the maximum depth of excavation, it would not be relocated.
Near Sand Creek confluence in the Middle and Lower Reach, the sewer main crosses under the creek and
continues north along the east bank of the Lower Reach. In the Lower Reach, the sewer line is located
within the area that would be excavated to create the right (east) bank floodplain. The sewer line would
most likely not be relocated to the east on the Pulte residential subdivision project site. The City of
Brentwood has requested that the floodplain widening be stopped short of the existing sewer alignment
so it does not need to be relocated. Throughout the project reach, minor modifications to sewer manholes
may be required to accommodate changes in ground elevation. In all cases, grading will be performed
around manholes so that potential spills from manholes would initially drain away from Marsh Creek.
2.4.4 Establishment of Wetlands
The newly created flood benches and floodplain would be inundated when flows in the creek rise during
typical storm events that recur nearly annually. The floodplain and benches would be expected to be
inundated frequently enough that they will support wetlands. The project would create approximately
3.6 acres of frequently inundated floodplain (seasonal wetland). However, to minimize mosquito
breeding in the aquatic environment, floodplain and benches would be sloped at two percent to drain
flood flows back to the creek and prevent ponding that would allow mosquitos to breed.
2.4.5 Revegetation Activities
Where possible, existing trees along the creek would be protected and retained. Following the
construction of channel widening activities, depending on location, the project area would be planted
with native wetland forbs, grasses, shrubs, and trees. Riparian trees would be planted along the banks
and would include valley oak, sycamore, live oak, blue oak, box elder, buckeye, cottonwood, and willow.
Slopes and banks would be planted with grassland and scrub species, which would include creeping
wild rye (Leymus triticoides), California brome (Bromus carinatus), purple needlegrass (Nassella pulchra,
deawned), dense-flowered lupine (Lupinus microcarpus var. densiflorus), mugwort (Artemisia douglasiana),
common fiddleneck (Amsinchkia menziesii var.intermedia), elegant clarkia (Clarkia unguiculata), and
California poppy (Eschscholzia californica). Areas of the floodplain would be planted with seasonal
wetland species that will include, but not be limited to, creek clover (Trifolium obtusiflorum), Baltic rush
(Juncus balticus), and deer sedge (Carex praegracilis).
CCCFDWCD 18 Three Creeks Parkway Restoration Project Initial Study/MND
No.: 16-39 August 2016
In 2000, the District completed Phase I widening of Marsh Creek from Dainty Avenue upstream to
approximately Summer Circle (Figure 2). While additional widening of this segment is not proposed for
this project due to constraints from the adjacent subdivisions, native shrubs and trees may be planted to
provide a continuous riparian corridor with the existing riparian vegetation upstream of this segment
and the proposed restoration of the project.
2.4.6 Recreational Improvements
The project would enhance opportunities for strolling, hiking, and biking along Marsh Creek. Marsh
Creek trail would be relocated to the new top of the eastern bank along Upper and Middle Reach as part
of the proposed project. The relocated trail section within the Upper Reach would be routed to pass
under the Central Avenue road bridge. The trail section along the eastern bank of the Lower Reach would
be relocated by the Pulte developer and this trail relocation is not within the scope of this project.
However, the project would reduce the gradient of the steep slope between the creek and the trail and
would provide a new unpaved foot trail within the created floodplain. Pervious pavement is being
considered for use on the relocated trail. The City of Brentwood Parks, Trails, and Recreation Master Plan
(2002) shows a future pedestrian bridge connecting the current Marsh Creek Regional Trail to the Griffith
(DLT Ventures) property in the Middle Reach that would allow people to safely access and cross the
creek as well as access possible future trails along Sand Creek and/or Deer Creek. These components are
not part of this project. The City of Brentwood will be updating its Master Plan and the location of these
features may be adjusted appropriately.
The lower 1,600 feet of the project would be integrated into a new linear city park, which would provide
passive recreation amenities and native landscaping consistent with creek restoration. Consistent with the
standards of the East Contra Costa County Habitat Conservation Plan (HCP), native trees would be
planted within a 60-linear foot band of two city parks, along the west side of Pulte development within
the HCP/NCCP required setback to provide a natural buffer adjacent to the creek. The project would also
include interpretive signs along Marsh Creek.
2.5 Project Construction Activities and Schedule
The proposed project has most of the permanent right of way required for construction. However, as
indicated in Table 1, temporary construction easements or small permanent takes may be needed from
the City of Brentwood and other property owners in order to access adjacent parcels during construction.
Construction is anticipated to begin summer 2017. Excavation and grading activities would occur during
the dry season (July to October) with plant restoration occurring afterwards (November to December)
and may take up to two construction seasons to complete.
2.5.1 Upper Reach
Grading and earthmoving activities along the Upper Reach would take place over a period of
approximately 2 weeks during the dry season. Construction equipment to be used would include
tractors, backhoes, excavators, graders, and dump trucks. Staging for the Upper Reach portion of the
project would be within the District-owned parcels or on a City-owned parcel to the east of the creek
south of Central Boulevard. Approximately 5,500 cubic yards of soil excavated for channel expansion
would require disposal. The excavated materials would be temporarily stored in the staging area and
later removed for use on other nearby land development projects or would be off-hauled to the Dutch
CCCFDWCD 19 Three Creeks Parkway Restoration Project Initial Study/MND
No.: 16-39 August 2016
Slough project site in Oakley where it would be used as fill. Other construction activities along this reach
would include revegetation and planting, as well as the relocation of the regional trail.
2.5.2 Middle Reach
Grading and earthmoving activities along the Middle Reach would also take place over a period of
approximately 1 to 2 weeks during the dry season. Construction equipment to be used would include
tractors, backhoes, excavators, graders, and dump trucks. Staging for the Middle Reach portion of the
project would take place on the District-owned parcels that contain the Middle Reach of the creek.
Approximately 3,500 cubic yards of spoils excavated for channel expansion would require disposal.
Similar to the Upper Reach, the excavated materials would be temporarily stored in the staging area and
later removed for use on other nearby land development projects or would be off-hauled to the Dutch
Slough project site where it would be used as fill. Other construction activities along this reach would
include revegetation and planting, as well as the relocation of the regional trail.
2.5.3 Lower Reach
Construction of the Lower Reach improvements would take place over a period of approximately 4
weeks during the dry season. Staging for the Lower Reach portion of the project would take place on the
District-owned parcels containing the creek or the adjacent vacant private land parcel . Construction
equipment to be used would include tractors, backhoes, excavators, graders, and dump trucks.
Approximately 11,000 cubic yards of spoils excavated for channel expansion would require disposal, with
the remainder of the excavated materials (4,000 cubic yards) used on site. Similar to the other two
reaches, the excavated materials would be temporarily stored in the staging area and later removed for
use on other nearby land development projects or would be off-hauled to the Dutch Slough project site
where it would be used as fill. Other construction activities along this reach would include revegetation
and planting.
2.6 Long Term Maintenance
Following the construction of the proposed improvements, the project area would be maintained by the
District, with EBRPD responsible for continued maintenance of the regional trail.
2.7 Permits and Approvals Required
In addition to review and approval of the proposed project by the District pursuant to CEQA, the
proposed project will also require the following permits and approvals for implementation:
Clean Water Act (CWA) Section 404 Permit from the U.S. Army Corps of Engineers for
construction in the Waters of the U.S.
CWA Section 401 Certification from the Central Valley Regional Water Quality Control Board
Section 1602 Streambed Alteration Agreement from the California Department of Fish and
Wildlife
EBRPD Encroachment Permit
District Encroachment Permit
City of Brentwood Grading Permit
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CCCFDWCD 20 Three Creeks Parkway Restoration Project Initial Study/MND
No.: 16-39 August 2016
3. SUMMARY OF ENVIRONMENTAL EFFECTS
The proposed project could potentially affect the environmental factor(s) checked below.
The following pages present a more detailed checklist and discussion of each environmental
factor.
Aesthetics Agriculture and Forestry
Resources
Air Quality
Biological Resources Cultural Resources,
including Tribal Cultural
Resources
Geology / Soils
Greenhouse Gas Emissions Hazards & Hazardous
Materials
Hydrology / Water Quality
Land Use / Planning Mineral Resources Noise
Population / Housing Public Services Recreation
Transportation / Traffic Utilities / Service Systems Mandatory Findings of
Significance
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CCCFDWCD 22 Three Creeks Parkway Restoration Project Initial Study/MND
No.: 16-39 August 2016
5. EVALUATION OF ENVIRONMENTAL EFFECTS
All items on the Initial Study Checklist that have been checked “Less Than Significant Impact” or
“No Impact” indicate that, upon evaluation, the District on behalf of the Contra Costa County
Department of Conservation and Development has determined that the proposed project could
not have a significant adverse environmental effect relating to that issue. For items that have been
checked “Less Than Significant with Mitigation Incorporated,” the District has determined that
the proposed project would not have a significant adverse environmental effect as the mitigation
measures presented in this Initial Study would be implemented as part of the project. For each
checklist item, the evaluation has considered the impacts of the project both individually and
cumulatively.
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CCCFDWCD 23 Three Creeks Parkway Restoration Project Initial Study/MND
No.: 16-39 August 2016
5.1 Aesthetics
5.1.1 Background
The project is located in a rapidly urbanizing area of eastern Contra Costa County, in the City of
Brentwood. At the present time, the creek is a trapezoidal flood control channel with practically
no riparian vegetation. The earthen channel is steep sloped and planted with non-native grasses.
A narrow band of ruderal freshwater marsh habitat is present along the base of the channel
banks. Marsh Creek Trail is located on top of the eastern bank of the creek. Residential
subdivisions are present on both sides of the creek for most of the project’s length. A vacant City-
owned parcel is located on the east side of the Upper Reach just south of Central Boulevard and
another city park (Sungold Park) is present on the west side of the Lower Reach. A linear park is
planned adjacent to the east side of the Lower Reach. A residential subdivision project (Pulte) is
approved for the area east of the Lower Reach.
5.1.2 Environmental Checklist and Discussion
AESTHETICS
Would the project…
Potentially
Significant
Impact
Less than
Significant
with Project-
level
Mitigation
Less than
Significant
Impact
No Impact
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 buildings within a
state scenic highway?
c) Substantially degrade the existing visual
character or quality of the site and its
surroundings?
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime
views in the area?
DISCUSSION:
Project
a. A scenic vista is defined as a publicly accessible viewpoint that provides expansive views of a
highly valued landscape. Although public views of the Upper Reach are available from Dainty
Avenue and Central Boulevard, the views are generally not expansive and would not be
considered a scenic vista. Expansive views of the creek and the broader landscape are available
from Sungold Park to the west of the Lower Reach and from the EBPRD regional trail, especially
in the area of the Middle and Lower Reaches. The implementation of the proposed project would
change these views by widening the floodplain and planting riparian vegetation along the creek.
CCCFDWCD 24 Three Creeks Parkway Restoration Project Initial Study/MND
No.: 16-39 August 2016
However, this change would not adversely affect the scenic views in the area but would in fact
enhance the views by adding trees and other riparian vegetation along the creek banks. The
impact would be less than significant.
b. There is no state designated scenic route in the immediate vicinity of the proposed project.
However, some trees will be removed but the project will be restored with native riparian trees
and understory vegetation. Therefore, the project impact would be less than significant.
c. The proposed project would excavate both banks of the creek, widen the channel, and restore the
area by planting native plant species and riparian trees. During construction, the project area
would appear disturbed and a small number of existing trees would be removed when the creek
banks are excavated. However the duration of construction would be short and once the
construction is completed, new trees and other native plants appropriate to the project area
would be planted. Once the new plantings are established, the visual character and quality of the
creek corridor would improve relative to current conditions. Impacts of the proposed project on
the visual character of the project site and its surroundings would be less than significant.
d. The project does not include the installation of any temporary or permanent lighting.
Construction work would be completed during daytime hours and no lighting would be
required. Therefore implementation of the project would not create a new source of substantial
light or glare that would adversely affect day or nighttime views in the area. There would be no
impact.
CCCFDWCD 25 Three Creeks Parkway Restoration Project Initial Study/MND
No.: 16-39 August 2016
5.2 Agricultural and Forestry Resources
5.2.1 Background
The project is located in Contra Costa County. The Farmland Mapping and Monitoring Program
(FMMP) identifies the project site as Urban and Built-Up Land2 (California Department of
Conservation 2014).
The project site is bordered on the east by residential subdivisions, a vacant City-owned parcel,
two planned parks, Willow Wood School/Dainty Center, and an approved residential
subdivision. To the west, the project site is bordered by residential subdivisions and a city park.
The land between Deer Creek and Sand Creek to the west of the Middle Reach is presently
undeveloped land planned for future residential subdivision development (City of Brentwood
General Plan 2014). All lands adjacent to the creek are designated Urban and Built-Up land by the
FMMP.
5.2.2 Environmental Checklist and Discussion
AGRICULTURAL AND FORESTRY
RESOURCES
Would the project…
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No Impact
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)) or timberland
(as defined by Public Resources Code Section
4526)?
d) Result in the loss of forest land or conversion of
forest land to non-forest use?
2 Land occupied by structures with a building density of at least 1 unit to 1.5 acres, or approximately 6 structures to a
10-acre parcel. This land is used for residential, industrial, commercial, construction, institutional, public
administration, railroad and other transportation yards, cemeteries, airports, golf courses, sanitary landfills,
sewage treatment, water control structures, and other developed purposes.
CCCFDWCD 26 Three Creeks Parkway Restoration Project Initial Study/MND
No.: 16-39 August 2016
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 or conversion of forest
land to non-forest use?
DISCUSSION:
a. The project site is designated as Urban and Built-up Land by the FMMP. As a result,
implementation of the proposed project would not result in the conversion of land designated
either as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to non-
agricultural use. There would be no impact.
b. The project site is not under a Williamson Act contract and is not zone for agricultural use. There
would be no impact from the implementation of the project on land under a Williamson Act
contract and/or zoned for agricultural use.
c., d. Timberland is defined in PRC Section 4526 as “land designated by the board3 as experimental
forest land, which is available for, and capable of, growing a crop of trees of a commercial species
used to produce lumber and other forest products, including Christmas trees.” The project site
contains no mapped timberland, and there would be no impact from implementation of the
proposed project.
Forest land is defined in PRC Section 12220(g) as “land that can support 10-percent native tree
cover of any species, including hardwoods, under natural conditions, and that allows for
management of one or more forest resources, including timber, aesthetics, fish and wildlife,
biodiversity, water quality, recreation, and other public benefits.” The project site does not
contain any forest lands. Therefore, implementation of the proposed project would not result in
the loss of or conversion of forest land to non-forest use. There would be no impact.
e. The project would not involve any land use changes that could indirectly lead to the conversion
of Important Farmland or forest lands to other uses. Furthermore, as discussed above, most of the
parcels near the project site are developed with residential subdivisions, and those properties that
are currently undeveloped are designated Urban and Built-Up Land by the FMMP. There would
be no impact.
3 Board of Forestry and Fire Protection
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5.3 Air Quality
5.3.1 Background
The project area is subject to air quality planning programs developed in response to both the
Federal Clean Air Act (CAA) and the California Clean Air Act (CCAA). Within the San Francisco
Bay Area, air quality is monitored, evaluated, and regulated by the U.S. Environmental
Protection Agency (EPA), the California Air Resources Board (CARB), and Bay Area Air Quality
Management District (BAAQMD).
The project is located in eastern Contra Costa County, which, along with eight other counties, is
within the San Francisco Bay Area Air Basin (SFBAAB or Air Basin).
Air pollutants are emitted by a variety of sources, including mobile sources such as automobiles;
stationary sources such as manufacturing facilities, power plants, and laboratories; and area
sources such as homes and commercial buildings. While some of the air pollutants that are
emitted need to be examined at the local level, others are predominantly an issue at the regional
level. For instance, ozone (O3) is formed in the atmosphere in the presence of sunlight by a series
of chemical reactions involving oxides of nitrogen (NOx) and reactive organic gases (ROG).
Because these reactions are broad-scale in effects, the effects of ozone typically are analyzed at the
regional level (i.e., in the Air Basin) rather than the local level. On the other hand, other air
pollutants such as sulfur dioxide (SO2), respirable particulate matter (PM10), fine particulate
matter (PM2.5), carbon monoxide (CO), lead (Pb), and toxic air contaminants (TAC) are a
potential concern in the immediate vicinity of the pollutant source because the pollutants are
emitted directly or are formed close to the source. TACs are also known as hazardous air
pollutants. Therefore, the study area for emissions of SO2, PM10, PM2.5, CO, Pb, and TAC is the
local area nearest the source, such as in the vicinity of construction sites, whereas the study area
for regional pollutants such as NOx and ROG is the entire Air Basin.
Air pollutants typically are categorized as criteria pollutants or TACs. The criteria pollutants are
those regulated at the federal level by U.S. EPA and at the state and regional level by CARB and
BAAQMD, respectively. These include O3, PM10, PM2.5, CO, nitrogen dioxide (NO2), SO2, and
Pb. O3 is a secondary pollutant formed during photochemical reactions with precursor
pollutants. As such, O3 is measured by assessing emissions of its precursors, ROG and NO2.
TACs are airborne pollutants for which there are no air quality standards, but are known to have
adverse human health effects and therefore are regulated. TACs are generated by a number of
sources, including stationary sources, mobile sources such as automobiles and heavy-duty
construction equipment, particularly diesel-fueled vehicles.
Air quality in the Air Basin is monitored by the BAAQMD and CARB. Based on pollutant
concentrations measured at monitoring stations within the Air Basin, the SFBAAB is classified as
being either in attainment or non-attainment of federal and state air quality standards. The Air
Basin is designated nonattainment for the federal O3 8-hour standard, the state O3 1-hour
standard, the state PM10 standard, and the state and federal PM2.5 standards. For all other
federal and state standards, the Air Basin is in attainment or unclassified.
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Some groups of people are considered more sensitive to adverse effects from air pollution than
the general population. These groups are termed “sensitive receptors.” Sensitive receptors
include children, the elderly, and people with existing health problems, who are more often
susceptible to respiratory infections and other air quality-related health problems. Locations
where these groups of people are found, such as schools, childcare centers, hospitals, and nursing
homes, are all considered sensitive receptors. Air pollution impacts are assessed, in part, based
on potential effects on sensitive receptors.
Several sensitive receptors are located in the vicinity of the project site. Specifically, single-family
homes are located adjacent to the work areas on the east side of the creek between Dainty
Avenue and Central Boulevard; on the west side of the creek between Central Boulevard and
Deer Creek; and along the east side of the Middle Reach. Willow Wood School/Dainty Center is
also located adjacent to the east side of the creek at the corner of Dainty Avenue and Central
Boulevard.
The BAAQMD CEQA Air Quality Guidelines (“BAAQMD Guidelines”) set forth methodologies
and quantitative significance thresholds that a lead agency may use to estimate and evaluate the
significance of a project’s air emissions. The BAAQMD Guidelines present thresholds for
evaluating both construction-phase and operational emissions, and include numeric thresholds
for criteria pollutants and health-based evaluation criteria for TACs. The BAAQMD Guidelines
do not recommend quantification of fugitive dust emissions but note that the impact from a
project’s fugitive dust emissions during construction would be significant unless dust control
measures and other best management practices are implemented. Although due to litigation
related to the BAAQMD Guidelines, the BAAQMD is not recommending the use of the
thresholds in its Guidelines, the thresholds are used by most Bay Area lead agencies, and have
been used in this Initial Study to evaluate the project’s air quality impacts.
5.3.2 Environmental Checklist and Discussion
AIR QUALITY
Would the project…
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No Impact
a) Conflict with or obstruct implementation of the
applicable air quality plan?
b) Violate any air quality standard or contribute
substantially to an existing or projected air
quality violation?
c) Result in a cumulatively considerable net increase
of any criteria pollutant for which the project
region is in non-attainment under an applicable
federal or state ambient air quality standard
(including releasing emissions which exceed
quantitative thresholds for ozone precursors)?
d) Expose sensitive receptors to substantial
pollutant concentrations?
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e) Create objectionable odors affecting a substantial
number of people?
DISCUSSION:
a. A project would be considered to conflict with or obstruct implementation of the regional air
quality plans if it would be inconsistent with the emissions inventories contained in the regional
air quality plans. Emission inventories are developed based on projected increases in population
and vehicle miles traveled (VMT) within the region. Project-generated increases in population or
VMT could, therefore, potentially conflict with regional air quality attainment plans. Due to the
nature of the creek restoration activities, implementation of the proposed project would not result
in increased population or related increases in vehicle miles traveled within the region. As a
result, implementation of the proposed project would not be anticipated to conflict with existing
or future air quality planning efforts. The proposed project would have a less than significant
impact.
b. Implementation of the proposed project would result in short-term emissions associated with
ground disturbance and use of construction equipment and vehicles. Minimal emissions are
anticipated after the activities are completed, for reasons presented below.
Construction
Construction-generated emissions are short term and of temporary duration, lasting only as long
as construction activities occur, but have the potential to result in a significant air quality impact.
The channel widening and restoration activities would result in temporary emissions associated
with excavation and motor-vehicle exhaust from construction equipment and worker trips, as
well as the movement of construction equipment especially on unpaved surfaces. Emissions of
airborne particulate matter are largely dependent on the amount of ground disturbance
associated with site preparation activities.
Criteria Pollutant Emissions
Emissions of criteria pollutants from mainly excavation activities, grading and off-hauling were
estimated using the CalEEMod model. A conservative scenario was modeled that assumed that
the Upper Reach and Lower Reach improvements would be under construction at the same time
and the Middle Reach improvements would be constructed shortly thereafter. Therefore all of the
construction activities would take place over a 37-day period. The estimated construction
emissions are provided below in Table 2, Estimated Construction Emissions.
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Table 2
Estimated Construction Emissions (lbs per day)
CO NOx ROG PM
(fugitive
dust)
PM10
(Exhaust)
PM2.5
(Exhaust)
Project 24.4 20.9 2.4 138.7 0.81 0.74
Significance
Thresholds
None 54 54 None 82 54
Exceedance? No No No No No No
Source: Impact Sciences, Inc. 2016.
As shown in Table 2, if the Upper Reach and Lower Reach are concurrently under construction
and the Middle Reach is constructed shortly after, the proposed project would result in emissions
that would not exceed the thresholds of significance for criteria pollutants. The impact from air
pollutant emissions during the construction-phase of the project would be less than significant.
Fugitive Dust
As mentioned above, movement of construction equipment, especially on unpaved surfaces,
during construction activities and off-hauling excavated materials could temporarily generate
fugitive dust, including PM10 and PM2.5 emissions. Unless properly controlled, vehicles leaving
the site would deposit mud on local roadways, which could be an additional source of airborne
dust after it dries. Fugitive dust emissions would vary from day to day, depending on the nature
and magnitude of construction activity and local weather conditions. Fugitive dust emissions
would also depend on soil moisture, silt content of soil, wind speed, and the amount of
equipment operating. Larger dust particles would settle near the source, while fine particles
would be dispersed over greater distances from the construction site. The BAAQMD Guidelines
consider the impact from a project’s construction-phase dust emissions to be less than significant
if best management practices listed in the guidelines are implemented. Without these BMPs, the
impact from fugitive dust emissions would be potentially significant. Thus, to ensure that
construction-phase emissions are controlled and minimized, Mitigation Measure AIR-1 is
included which requires that dust control and other BMPs put forth by the BAAQMD are
implemented by the proposed project.
Mitigation Measure AIR-1:
The construction contractor(s) shall implement the following BMPs during project
construction:
All exposed surfaces (e.g., parking areas, staging areas, soil stockpiles, graded areas,
and unpaved access roads) shall be watered two times per day.
All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
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All visible mud or dirt track-out onto adjacent public roads shall be removed using
wet power vacuum street sweepers at least once per day. The use of dry power
sweeping is prohibited.
All vehicle speeds on unpaved roads shall be limited to 15 mph.
All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible and feasible.
Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to five minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of California Code of
Regulations [CCR]). Clear signage shall be provided for construction workers at all
access points.
All construction equipment shall be maintained and properly tuned in accordance
with manufacturer’s specifications. All equipment shall be checked by a certified
mechanic and determined to be running in proper condition prior to operation.
Post a publicly visible sign with the telephone number and person to contact at the
Lead Agency regarding dust complaints. This person shall respond and take
corrective action within 48 hours. The Air District’s phone number shall also be
visible to ensure compliance with applicable regulations.
Community Health Risk
In addition to an evaluation of the potential impacts from a project’s construction -phase
emissions of criteria pollutant and fugitive dust, the BAAQMD Guidelines recommend an
evaluation of potential community health risk and hazards from a project’s construction
emissions of toxic air contaminants (TACs). For assessing community risks and hazards, a 1,000
foot radius around the project boundary is recommended in the BAAQMD Guidelines. The
proposed project would involve the use of diesel-fueled construction equipment which would
result in diesel particulate emissions which are considered a TAC in the vicinity of the work
areas. Due to the nature of the proposed project, the fact that only a few pieces of equipment
would be used on each reach (no more than 3 pieces of equipment), and the short duration of
work, the potential for a significant impact is low. However, sensitive receptors such as
residences and a daycare center are located less than 50 feet from where project construction
activities would occur and could be potentially affected. The impact would be potentially
significant. To avoid impacts to nearby sensitive receptors, the project will be required to
implement Mitigation Measure AIR-2 which will ensure that cleaner engines are utilized for
construction equipment to reduce diesel particulate emissions.
Mitigation Measure AIR-2:
All diesel-powered off-road equipment larger than 50 horsepower and operating on the
site for more than two days continuously during the duration of construction shall, at a
minimum, meet U.S. EPA emissions standards for Tier 2 engines or equivalent.
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Operation
Operational air emission impacts are associated with any change in permanent use of the project
site as a land use change can add new on-site stationary or area sources to the project site or
increase the number of vehicles trips to and from the project site. No change in land use is
proposed as part of the channel widening and restoration activities. Although restoration
activities may attract more people to utilize the Marsh Creek Trail, no significant permanent
increase in vehicle trips to the creek would result due to the proposed project. The small number
of vehicle trips associated with the monitoring and maintenance activities would not significantly
increase VMT. Therefore, operational emissions associated with the proposed project would not
change substantially from existing conditions, and would not exceed the applicable BAAQMD
thresholds of significance for operational emissions. The impact from air pollutant emissions
during operation would be less than significant.
c. As described above in Response b, the proposed project would not result in temporary increases
in air pollutant emissions that would exceed the applicable BAAQMD thresholds of significance
for construction emissions of criteria pollutants. In addition, BMPs would be implemented to
control fugitive dust and other construction-phase emissions. The proposed project would also
not result in a substantial amount of air pollutant emissions during operation. As a result,
increases of temporary and long-term air pollutant emissions would not result in a cumulatively
considerable net increase of any of the pollutants for which the project region is in nonattainment
status for federal or state ambient air quality standards. This impact would be less than significant.
d. The potential for project construction activities to affect sensitive receptors is analyzed above
under Response b. As noted there, although TAC emissions during construction could result in a
potentially significant community health impact, it would be reduced to a less than significant
level by Mitigation Measure AIR-2 set forth above.
e. Construction of the proposed project would require the use of diesel-fueled equipment, which
has an associated odor. However, odors would be short term and temporary and would disperse
rapidly. They would not be pervasive enough to affect a substantial number of people or to be
objectionable. Consequently, construction of the proposed project would not cause or be affected
by odors, and the impact would be less than significant. Furthermore, Mitigation Measures AIR-
1 and AIR-2 would be implemented to minimize diesel exhaust emissions emitted on the project
site during construction.
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5.4 Biological Resources
5.4.1 Background
The project site is situated in a rapidly developing part of eastern Contra Costa County. Adjacent
land uses include single-family residential neighborhoods to the north, west and south, and
vacant lands zoned for residential development to the east and west. A section of the Marsh
Creek Regional Trail follows the top of Marsh Creek’s eastern bank.
The entire study area, which encompasses both banks of Marsh Creek over a section
approximately 4,000 feet long, has been highly modified historically by flood control and
agricultural activities. The upland portions of the study area were dryland farmed as recently as
2003 and were under cultivation at least as long ago as 1938; Marsh Creek has had much the same
alignment going back at least as long ago as then. Although most of the Marsh Creek channel on
site is lined with earthen banks, portions have been armored with grouted riprap. Multiple storm
drains outfall into the channel. The left (western) bank is topped with a gravel access roadbed
and backs up onto fenced back yards or adjacent residences, and a vacant field. The right (east)
bank is topped with the paved Marsh Creek Regional Trail and bordered with an old barbed wire
fence in the Lower Reach. The upland fields within and adjacent to the project site is former
agricultural land that has gone fallow but is routinely disked for weed and fire control (Wood
2016).
No natural, unaltered plant communities are present onsite or the project vicinity. Although
native plant species are present, none of the habitats present are considered indigenous and
natural; each is characterized as a product of post-disturbance recolonization. The predominant
vegetation type is ruderal. Anthropogenic habitat, consisting of plantings, is present along the
Marsh Creek Regional Trail and on adjacent properties. A narrow band of ruderal freshwater
marsh habitat is present along the base of each channel bank (Wood 2016).
Reconnaissance-level surveys were performed on May 12, 2015 and November 17, 2015 by Wood
Biological Consulting. During both surveys, all habitat types at and adjacent to the study area
were surveyed and classified, and plant and wildlife species observed were recorded.
Special-status Plants
Special-status plants include plant species that are listed or proposed for listing under the Federal
Endangered Species Act (FESA) or California Endangered Species Act (CESA) or considered by
the California Native Plant Society (CNPS) to be “rare, threatened or endangered in
California”(California Rare Plant Rank 1A, 1B and 2). A total of 61 special-status plant species
have been recorded in the nine U.S. Geological Survey (USGS) quadrangles surrounding the
project site and were evaluated in the February 2016 Biological Resource Assessment. Of the 61
species, eight special-status plant species are mapped by the 2015 California Natural Diversity
Database (CNDDB) as having been recorded from within 3.0 miles of the project site. These
include brittlescale (Atriplex depressa), big tarplant (Blepharizonia plumosa), round-leaved filaree
(California macrophylla), San Joaquin spearscale (Extriplex joaquiniana), stinkbells (Fritillaria
agrestis), Brewer’s western flax (Hesperolinon breweri), Antioch Dunes evening primrose (Oenothera
deltoides ssp. howelliii), and showy golden madia (Madia radiata).
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No federally or State-listed plant species or California Rare Plant Rank 1A, 1B and 2 species were
detected within the study area and none is expected to occur within the project disturbance areas
due to level of historical disturbance and lack of appropriate habitat.
Special-status Wildlife Species
Special-status wildlife species include animal taxa listed or proposed for listing under the FESA
or CESA; taxa considered by the California Department of Fish and Wildlife (CDFW) to be a
Species of Special Concern (SSC); and taxa which meet the criteria for listing, even if not currently
included on any list, as described under CEQA Section 15380. In addition, many wildlife species
receive protection under the Bald and Golden Eagle Protection Act (BGEPA), the Migratory Bird
Treaty Act (MBTA), and the Migratory Bird Treaty Reform Act (MBTRA). The California Fish and
Game Code (CFGC) provides specific language protecting birds and raptors, “fully protected
birds,” “fully protected mammals,” “fully protected reptiles and amphibians,” and “fully
protected fish.” The California Code of Regulations (CCR) prohibits the take of fully protected
fish, certain fur‐bearing mammals, and restricts the taking of amphibians and reptiles (Wood
2016).
The potential for a total of 78 special-status wildlife species to occur in the area to be disturbed by
the project was evaluated in the February 2016 Biological Resource Assessment. Based on the
availability of suitable habitat, there is potential for nine special-status wildlife species to occur
on site. These include silvery legless lizard, California red-legged frog, Pacific pond turtle,
Chinook salmon, steelhead (Central Valley distinct population segment (DPS)), burrowing owl,
white-tailed kite, loggerhead shrike, and Swainson’s hawk. Of the nine species, two of these
species were observed on site during surveys: burrowing owl was observed nesting within the
study area and Swainson’s hawk was observed hunting on site.
East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan
The proposed project site is located within the East Contra Costa County Habitat Conservation
Plan/Natural Community Conservation Plan (“HCP/NCCP” or “Plan”) inventory area. The Plan
is intended to provide a comprehensive framework to protect natural resources in eastern Contra
Costa County, while improving and streamlining the environmental permitting process for
impacts of new development on Endangered and Threatened species, and other species covered
by the HCP/NCCP.
The permit area for the East Contra Costa County HCP/NCCP generally includes land within the
urban limit lines in the cities of Clayton, Pittsburg, Oakley, and Brentwood and Contra Costa
County. The local jurisdictions who are permittees under the HCP/NCCP include the cities of
Brentwood, Clayton, Oakley, and Pittsburg, Contra Costa County, Contra Costa County Flood
Control and Water Conservation District, East Bay Regional Park District, and the Conservancy.
Currently, all participating jurisdictions have approved the HCP/NCCP and have adopted
implementing ordinances and the fee structures set forth in the HCP/NCCP.
As required by the FESA, the HCP/NCCP includes measures to avoid and minimize take of
covered species, which would be included as conditions on development for applicable projects.
It is the responsibility of project proponents to design and implement their projects in compliance
with listed measures in the HCP/NCCP.
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The proposed project’s participation in the HCP/NCCP would provide a mechanism to
adequately mitigate impacts to all potentially occurring covered sensitive species and habitats on
the project site.
5.4.2 Environmental Checklist and Discussion
BIOLOGICAL RESOURCES
Would the project…
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No Impact
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 Wildlife 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, regulations or by the California
Department of Fish and Wildlife or U.S. Fish
and Wildlife Service?
c) Have a substantial adverse effect on federally
protected wetlands as defined by Section 404 of
the Clean Water Act (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 native 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?
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DISCUSSION:
a. Special-status Plants
As stated above, 61 special-status plant species have been recorded within the nine USGS quad
area inclusive of the project site and were evaluated in the February 2016 Biological Resource
Assessment. However, none of the special-status plant species were observed during site
reconnaissance surveys and are not expected to occur on the project site due to the level of
disturbance, soils, lack of suitable habitat or substrate, and geographic isolation from known
populations. Therefore, no impacts to special-status plant species would occur.
Special-status Wildlife Species
As noted above, the potential exists for nine special-status wildlife species to occur on site: silvery
legless lizard, California red-legged frog, Pacific (Western) pond turtle, Chinook salmon,
steelhead (Central Valley DPS), burrowing owl, white-tailed kite, loggerhead shrike, and
Swainson’s hawk. The potential also exists for numerous other bird species that are protected
under the MBTA and CFGC to be present in the area. The potential for the project to affect these
species is evaluated below.
Reptiles and Amphibians
Populations of California red-legged frog, Pacific (Western) pond turtle, and silvery legless lizard
have been recorded from the project region. Although the occurrence of these species on the
project site is considered unlikely, the lack of significant barriers to movement between known
source populations and the project site means that the potential exists for these species to move
into harm’s way during project construction and direct mortalities could result. Direct and
indirect impacts to California red-legged frog, Pacific (Western) pond turtle, and silvery legless
lizard would be considered significant. Implementation of Mitigation Measure BIO-1 would
reduce impacts to these species to a less than significant level.
Mitigation Measure BIO-1:
To avoid and minimize impacts to California red-legged frog, Pacific (Western) pond
turtle, and silvery legless lizard during construction activities, the project will implement
the following measures:
1. Coverage under the HCP/NCCP. The project proponent shall apply for coverage
under the HCP/NCCP. Participation in the HCP/NCCP, including implementation of
appropriate avoidance and minimization measures and payment of applicable fees
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would provide the project proponent with incidental take coverage for California
red-legged frog, Pacific (Western) pond turtle, and silvery legless lizard.4
2. Seasonal Avoidance. If required by the Streambed Alteration Agreement or Water
Quality Certification, work shall be limited to the dry season, from April 15 to
October 15.
3. Minimize Nighttime Work. If required by the Streambed Alteration Agreement or
Water Quality Certification, nighttime construction shall be restricted to avoid effects
on nocturnally active species such as California red-legged frog.
4. Environmental Awareness Program. Prior to the commencement of construction
activities, a qualified biologist shall present an environmental awareness program to
all construction personnel working on site. At a minimum the training should
include a description of special-status species that could be encountered, their
habitats, regulatory status, protective measures, work boundaries, lines of
communication, reporting requirements, and the implications of violations of
applicable laws.
5. Wildlife Exclusion Fencing. Prior to the start of construction, wildlife exclusion
fencing (WEF)5 shall be installed as warranted and consistent with the HCP/NCCP to
isolate the work area from any habitats potentially supporting special-status animals
or through which such species may move. The final project plans shall indicate
where and how the WEF is to be installed. The bid solicitation package special
provisions shall provide further instructions to the contractor about acceptable
fencing locations and materials. The fencing shall remain throughout the duration of
the work activities, be regularly inspected and properly maintained by the
contractor. Fencing and stakes shall be completely removed following project
completion.
6. Best Management Practices (BMPs). Prior to the initiation of work, BMPs shall be in
place to prevent the release of any pollutants or sediment into the creek, storm
drains, or tributaries; all BMPs shall be properly maintained. Leaks, drips, and spills
of hydraulic fluid, oil, or fuel from construction equipment shall be promptly cleaned
up to prevent contamination of water ways. All workers shall be properly trained
regarding the importance of preventing and cleaning up spills of contaminants.
Protective measures should include, at a minimum:
4 The HCP/NCCP requires written notification to the USFWS, CDFW, and the Habitat Conservancy prior to
disturbance of any suitable breeding habitat for California red-legged frog. However, the project area does not
contain any suitable breeding habitat for this species. Because the project will receive take coverage under the
HCP/NCCP, preconstruction surveys are not required for California red-legged frog (non-breeding), Pacific
(Western) pond turtle and silver legless lizard.
5 Wildlife Exclusion Fencing should provide a barrier for terrestrial wildlife gaining access to the project work areas.
The fencing may vary to meet the needs of a particular species, but should be buried and/or backfilled to prevent
animals passing under the fence and should be high enough to deter reptiles and amphibian or small mammals
from climbing or jumping over the fence. Acceptable fencing materials including ERTEC E-Fence® (Ertec
Environmental Systems LLC), plywood, corrugated metal, silt fencing or other suitable materials.
CCCFDWCD 38 Three Creeks Parkway Restoration Project Initial Study/MND
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a. No discharge of pollutants from vehicle and equipment cleaning should be
allowed into any storm drains or watercourses.
b. Spill containment kits should be maintained onsite at all times during
construction operations and/or staging or fueling of equipment.
c. Coir rolls or straw wattles should be installed along or at the base of slopes
during construction to capture sediment.
7. Erosion Control. Graded areas shall be protected from erosion using a combination
of silt fences, fiber rolls along toes of slopes or along edges of designated staging
areas, and erosion control netting (such as jute or coir) as appropriate on sloped
areas.
8. Construction Site Restrictions. The following site restrictions shall be implemented to
avoid adversely affecting sensitive habitats and harm or harassment to listed species:
a. Any fill material shall be certified to be non-toxic and weed free.
b. All food and food-related trash items shall be enclosed in sealed trash
containers and removed completely from the site at the end of each day.
c. No pets from project personnel shall be allowed anywhere in the project site
during construction.
d. No firearms shall be allowed on the project site except for those carried by
authorized security personnel, or local, State or Federal law enforcement
officials.
e. All equipment shall be maintained such that there are no leaks of automotive
fluids such as gasoline, oils or solvents and a Spill Response Plan shall be
prepared. Hazardous materials such as fuels, oils, solvents, etc. shall be
stored in sealable containers in a designated location that is isolated from
wetlands and aquatic habitats.
f. Servicing of vehicles and construction equipment including fueling, cleaning,
and maintenance should occur only at sites isolated from any aquatic habitat
unless separated by topographic or drainage barrier or unless it is an already
existing gas station. Staging areas may occur closer to the project activities as
required.
9. Proper Use of Erosion Control Devices. Plastic mono-filament netting (e.g., that used
with erosion control matting) or similar material shall not be used within the project
area; wildlife can become entangled or trapped in such non-biodegradable materials.
Acceptable substitutes include coconut coir matting, tackified hydroseeding, blown
straw, or other organic mulching material.
10. Protocol for Species Observation – Pacific (Western) pond turtle and silvery legless
lizard. If a Pacific (Western) pond turtle or silvery legless lizard is encountered in the
project site, work in the area of the finding must cease immediately until the animal
either moves out of harm’s way of its own accord or is safely relocated well upstream
or downstream of the project site. Only a qualified biologist with a scientific
collection permit issued by the CDFW may handle and relocate Pacific (Western)
pond turtle or silvery legless lizard. Any sightings and relocation of Pacific (Western)
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pond turtle and silvery legless lizard should be reported to the CDFW and the
CNDDB.
Fish Species
Although there are no records for steelhead or Chinook salmon occurring in Marsh Creek in the
2015 CNDDB and occurrence on site for both species is considered unlikely, recent sightings of
fall-run Chinook have been reported within Marsh Creek and suitable habitat for steelhead is
present in the project area. Populations of listed salmonids have not been regularly observed in
Marsh Creek; any present would be considered stray migrants. Listed salmonids have the
greatest potential to occur within the project area between November and June based on the
timing of adult and juvenile migrations in and through the waterways of the Sacramento/San
Joaquin Delta (National Marine Fisheries Service 2012). Although the vast majority of
construction activities would occur above the OHWM and during the dry season, some limited
work such as restoration of habitat or site-specific armoring could occur in the low-flow channel.
To the extent that this work in the low-flow channel requires either dewatering or excavation,
take of steelhead or Chinook could occur. Neither of these species is covered under the
HCP/NCCP and direct and indirect impacts to either steelhead or Chinook would be considered
significant. To ensure there is no take of either of these species if work in the low-flow channel
becomes necessary, Mitigation Measure BIO-2 would be implemented and impacts would be
reduced to less than significant. In addition, consultation with the National Marine Fisheries
Service (NMFS) will confirm these measures are sufficient; otherwise, additional measures may
be implemented as appropriate. Once the proposed improvements are constructed, the project
would not impede or interfere with fish movement. In fact the project would improve conditions
for movement of fish species in this area.
Mitigation Measure BIO-2:
To minimize and avoid impacts to Chinook salmon and steelhead, the following
measures will be implemented:
1. Seasonal Avoidance. In-stream work shall be limited to June 1 to October31.
2. In-Stream Activities: If in-stream construction or dewatering is required, the
following precautionary measures should be implemented:
a. A preconstruction survey of the aquatic environment shall be performed by a
qualified biologist.
b. A qualified biologist shall present an environmental awareness program
working on site.
c. A qualified biologist should monitor all in-stream activities.
d. If dewatering is proposed, a qualified biologist should monitor the
installation of coffer dams. During dewatering, a qualified biologist should
check for stranded aquatic wildlife. Dewatering pumps must be fitted with
intake screens with a mesh no greater than 5 mm (0.2 in) and BMPs will be
installed to minimize sediment transport during installation of coffer dams.
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e. Native species (non-special-status fish species) should be relocated upstream
or downstream of the cofferdams by a permitted biologist. Non-native
species should be euthanized in accordance with the guidance of the CDFW.
All wildlife encounters should be documented and reported to the CDFW. If
listed salmonids are present, the NMFS shall be consulted to determine the
appropriate measures to ensure conformance with ESA.
Migratory and Special-status Birds
The project site trees, shrubs, vines, and grasslands provide suitable nesting habitat for four
special-status bird species (Swainson’s hawk, white-tailed kite, burrowing owl, and loggerhead
shrike) as well as many other migratory bird species. As noted earlier, during site reconnaissance
surveys, an occupied nesting burrow of burrowing owl was observed in the study area, and a
foraging Swainson’s hawk was observed on the ground, perching and directly overhead during
the survey.
Ground disturbing activities such as grubbing, grading, trenching, and tree removal or pruning
could result in direct or indirect impacts to nesting birds by causing the destruction or
abandonment of occupied nests and mortality of young. In addition, noise from construction
activities could disrupt active nests. Any direct or indirect impact on an active nest of the special-
status bird species or species protected by the MBTA and CFGC would be a potentially significant
impact. Implementation of Mitigation Measure BIO-3 would reduce impacts to nesting birds to
less than significant.
Mitigation Measure BIO-3:
In order to avoid impacts to nesting Swainson’s hawk, white-tailed kite, burrowing owl,
loggerhead shrike, and other bird species protected under the MBTA and CFGC during
project implementation, the measures outlined below shall be implemented.
1) Environmental Awareness Program. Prior to the commencement of construction
activities, a qualified biologist shall present an environmental awareness program to
all construction personnel working on site. At a minimum the training shall include a
description of special-status species that could be encountered, their habitats,
regulatory status, protective measures, work boundaries, lines of communication,
reporting requirements, and the implications of violations of applicable laws.
2) Swainson’s hawk is a federally listed threatened species and is covered under the
HCP/NCCP. Nonetheless, every effort should be made to ensure that no take of
Swainson’s hawk occurs. Therefore, the measures outlined below should be
implemented.
a) The project proponent should apply for coverage under the HCP/NCCP.
Participation in the HCP/NCCP would provide the applicant with incidental
take coverage for Swainson’s hawk and satisfy any requirements for
mitigation for loss of habitat.
b) Prior to any ground disturbance during the nesting season (March 15-
September 15), a qualified biologist shall conduct a preconstruction survey
no more than one month prior to construction to determine if there are any
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active Swainson’s hawk nests within 305 meters (1,000 feet) of the project
site.
c) If there are no occupied nests within this buffer, no further action is needed.
d) If an active nest is present within this buffer, the measures outlined below
shall be followed.
Construction activities are not permitted within 305 meters (1,000 feet) of
an occupied nest to prevent nest abandonment. However, if site-specific
conditions or the nature of the activity warrant a small buffer, a qualified
biologist should coordinate with CDFW and USFWS to determine the
appropriate buffer size.
Construction activities may proceed prior to September 15 if the young
Swainson’s hawks have fledged, as determined by a qualified biologist.
3) White-tailed kite is a state-listed fully protected species; it is not covered under the
HCP/NCCP and incidental take of the species is not allowed. To ensure that no take
of white-tailed kite or other migratory raptors occurs, the measures outlined below
shall be implemented.
a) Prior to any ground disturbance during the nesting season (February 1-
August 31), a qualified biologist shall conduct a preconstruction survey no
more than two weeks prior to construction to determine if there are any
active nests of white-tailed kite or other migratory raptors within 76 meters
(250 feet) of the project site.
b) Prior to the removal or significant pruning of any trees, they shall be
inspected by a qualified biologist for the presence of raptor nests. This is
required during both the breeding season and non-breeding season. If a
suspected raptor nest is discovered, the CDFW shall be notified. Pursuant to
CFGC Section 3503.5, raptor nests, whether or not they are occupied, may
not be removed until approval is granted by the CDFW.
c) If there are no occupied nests within this buffer, no further action is needed.
d) If an active nest is present within this buffer, the measures outlined below
shall be implemented.
Construction activities are not permitted within 76 meter (250 feet) of an
occupied nest to prevent nest abandonment. However, if site-specific
conditions or the nature of the activity warrant a small buffer, a qualified
biologist should coordinate with the CDFW and/or USFWS to determine
the appropriate buffer size. Nest monitoring may be warranted for
activities that would occur within a smaller buffer.
Construction activities may proceed prior to August 31 if the young
white-tailed kites or other raptor species have fledged, as determined by
a qualified biologist.
4) Burrowing owl is a State species of special concern and a covered species under the
HCP/NCCP. To ensure that no take of burrowing owl occurs, the measures outlined
below shall be implemented.
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a) Prior to any ground disturbance during the nesting season (February 1-
August 31), a CDFW-approved biologist shall conduct a preconstruction
survey of all suitable burrowing owl habitat that would be affected by the
project. The survey shall be performed no more than 30 days prior to
construction to determine if there are any active nests of burrowing owl
within 153 m (500 ft) of the project site, access permitting.
b) If there are no occupied nests within this buffer, no further action is needed.
c) If an active nest is present within this buffer, the measures outlined below
shall be implemented.
If an occupied burrowing owl nest site is present within the limits of
work, construction may not proceed. The taking of burrowing owls or
occupied nests is prohibited under CFGC.6 Nest sites must be flagged
and protected by a designated disturbance-free buffer zone of at least 76
meters (250 feet).
Construction activities are not permitted within 76 meters (250 feet) of an
occupied nest to prevent nest abandonment.
Construction may proceed if a qualified biologist monitors the nest and
determines that the adults have not begun egg-laying and incubation or
that the juveniles have fledged.
Burrowing owls may be passively excluded from occupied burrows
outside of the breeding season (i.e., September 1-January 31), in
consultation with the CDFW. All owls should be passively excluded
from burrows within 49 meters (160 feet) of the work site. Passive
exclusion is achieved by installing one-way doors in the burrow
entrances. Doors should be in place for at least 48 hours and the site
should be monitored daily for at least one week to confirm that the
burrow has been abandoned.
5) Loggerhead shrike is a state species of special concern; it is not covered under the
HCP/NCCP and incidental take of the species is not allowed. To ensure that no take
of loggerhead shrike or any other migratory passerines occurs, the measures outlined
below shall be implemented.
a) If ground-disturbing activities (i.e., site clearing, disking, grading, etc.) can
be performed outside of the nesting season (i.e., between September 1 and
January 31), no additional surveys are warranted.
b) Prior to any ground disturbance during the nesting season (February 1-
August 31), a qualified biologist should conduct a preconstruction survey no
more than two weeks prior to construction to determine if there are any
active nests of loggerhead shrike or any other migratory passerines nests
within 30 meters (100 feet) of the project site.
6 CFGC §§3503, 3503.5 and 3800
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c) If there are no occupied nests within this buffer, no further action is needed.
d) If an active nest is present within this buffer, the following measures shall be
implemented.
Construction activities are not permitted within 30 meters (100 feet) of an
occupied nest to prevent nest abandonment. However, if site-specific
conditions or the nature of the activity warrant a smaller buffer, a
qualified biologist should coordinate with the CDFW and USFWS to
determine the appropriate buffer size. Nest monitoring may be
warranted for activities that would occur within a smaller buffer.
Construction activities may proceed prior to August 31 if the young
birds have fledged, as determined by a qualified biologist.
f. Sensitive natural communities recorded from the project region include alkali meadow, alkali
seep, cismontane alkali marsh, coastal and valley freshwater marsh, coastal brackish marsh,
northern claypan vernal pool, stabilized interior dunes, valley needlegrass grassland, and valley
sink scrub (Wood 2016). However, there are no known special-status natural communities on the
project site. Although the project would involve the removal of some limited riparian habitat
along the creek in order to widen the channel, substantially greater riparian habitat would be
created by converting the creek channel to a more natural channel and planting the banks with
riparian trees and plant species. Thus, the impact of the project on sensitive natural communities
and riparian habitat would be less than significant.
g. During the 2015 site visits, a preliminary delineation of jurisdictional waters of the U.S. and
waters of the State was performed.7 Marsh Creek is expected to qualify as a water of the U.S. and
a water of the State. Thus, as currently proposed, the project would result in impacts to
jurisdictional waters. Impacts to the channel are regulated and fall under the jurisdiction of the
U.S. Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and
the CDFW. The proposed project would grade back both banks of Marsh Creek to an elevation
just above the OHWM. The total length of channel to be altered is 4,000 feet. The impact on
federal and state waters would be potentially significant. With the implementation of Mitigation
Measure BIO-4, project impacts to jurisdictional waters would be reduced to a less than significant
level.
Mitigation Measure BIO-4:
In order to avoid, minimize and compensate for unavoidable impacts on waters of the
U.S./waters of the State, the measures outlined below shall be implemented.
7 Methods were in accordance with the procedures outlined in Corps of Engineers Wetlands Delineation
Manual (Environmental Laboratory, 1987) and the Regional Supplement to the Corps of Engineers Wetland
Delineation Manual: Arid West Region (USACE, 2008). Determination of the limits of the ordinary high
water mark (OHWM) conformed to procedures outlined in USACE (2006).
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1) Impacts on waters of the U.S. will be avoided by restricting grading to an elevation
above the OHWM; avoidance of impacts to waters of the State is not feasible. Long-term
impacts shall be minimized by limiting the use of hardened structures (e.g., grouted
riprap) in preference of bio-engineering solutions as much as is practicable. Surface
water connections must not be permanently blocked or interrupted and the installation
of drop-structures or other features that create barriers to wildlife movement shall be
avoided.
2) Prior to construction, the project proponent will need to secure authorization from
the USACE, RWQCB, and CDFW in conformance to the Clean Water Act and Lake
and Streambed Alteration Program.
3) Participation in the HCP/NCCP is expected to satisfy the requirements of the regulatory
agencies for compensatory mitigation for unavoidable impacts on stream channels,
wetlands and riparian habitat. A Planning Survey Report shall be completed and
submitted to the East Contra Costa County Habitat Conservancy. The submittal shall
include detailed drawings illustrating all temporary and permanent impacts.
4) Per the terms of the adopted HCP/NCCP, a wetland mitigation fee or on-site habitat
restoration will mitigate the impacts. If accepted by the regulatory agencies, no
additional mitigation for wetland impacts is typically required. HCP/NCCP fee
payment will occur at project contract award.
5) For all work within and adjacent to the stream channel and riparian habitat, best
management practices (BMPs) must be incorporated into the project design to minimize
environmental effects. These include the following:
Construction in the active channels shall be restricted to the dry season (April
15-October 15).
Personnel conducting ground-disturbing activities within or adjacent to the
buffer zone of wetlands, ponds, streams, or riparian woodland/scrub shall be
trained by a qualified biologist in these avoidance and minimization measures
and the permit obligations.
If dewatering is necessary, water released downstream of work areas must be
as clean or cleaner than flows entering the work area. Sediment-laden water
shall be either pumped onto upland sites for infiltration or into Baker tanks for
settling, prior to being released back into the channel. Coffer dams shall consist
of clean, silt-free sand or gravel in sand bags, or a comparable material. All
coffer dam materials must be promptly removed when no longer needed.
High visibility temporary construction fencing should be erected between the
outer edge of the limits of construction and adjacent streams or habitats to be
preserved. Temporary construction fencing will be removed upon the
completion of work.
Grading or construction near channels shall be isolated with silt fencing or
other BMPs to prevent sedimentation. BMPs shall be regularly inspected.
Vehicles and equipment shall be parked on existing roads or previously
disturbed areas.
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Equipment working in channels must be in good working order and free of
leaks of fuel, oil, and hydraulic fluids. Drip pans shall be placed under vehicles
and equipment over waterways and spill clean-up materials should be kept
onsite at a convenient location.
Equipment maintenance and refueling shall be performed well away from the
top of bank of any channel; storm drain inlets shall be protected from an
accidental release of contaminants.
Concrete washings or other contaminants must not be permitted to enter the
stream channel or any storm drain inlet.
Any concrete structures or cured-in-place pipe linings shall be allowed to cure
before coming in contact with surface flows.
Construction debris and materials shall be stockpiled away from watercourses.
Appropriate erosion-control measures (e.g., coconut coir matting, tackified
hydroseeding, blown straw or other organic mulching material) shall be used
on site to reduce siltation and runoff of contaminants into wetlands, ponds,
streams, or riparian woodland/scrub. Plastic mono-filament netting (e.g., that
used with erosion control matting) or similar material should not be used
within the action area; wildlife can become entangled or trapped such non-
biodegradable materials. Erosion-control measures shall be placed between the
outer edge of the buffer and the project site.
Fiber rolls used for erosion control shall be certified as free of noxious weed
seed.
Construction staging areas past the channel banks must be located away from
any wetlands or other sensitive habitats as identified by a qualified biologist.
Newly graded earthen channel slopes shall be revegetated with a native seed
mix developed by a qualified restorationist. Seed mixtures applied for erosion
control shall not contain invasive nonnative species, and be composed of native
species or sterile nonnative species. Straw or mulch shall also be applied to all
bare surfaces. The seed mix and mulch shall be applied prior to the onset of the
first winter-season rains.
Herbicide shall not be applied within 30 meters (100 feet) of wetlands, ponds,
streams, or riparian habitat. However, where appropriate to control serious
invasive plants, herbicides that have been approved by the U.S. EPA for use in
or adjacent to aquatic habitats may be used as long as label instructions are
followed and applications avoid or minimize impacts on covered species and
their habitats. In seasonal or intermittent stream or wetland environments,
appropriate herbicides may be applied during the dry season to control
nonnative invasive species. Herbicide drift should be minimized by applying
the herbicide as close to the target area as possible and by avoiding applying
during windy days.
Additional measures may be outlined in the conditions of the permits issued by
the USACE, RWQCB, CDFW, and the Habitat Conservancy. All permit
conditions must be conformed to.
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d. As mentioned above, limited construction work could occur in the low-flow channel and take of
steelhead or Chinook could occur. To ensure there is no take of either of these species if work in
the low-flow channel becomes necessary, Mitigation Measure BIO-2 would be implemented to
ensure temporary impacts to wildlife movement would be less than significant. Consultation with
National Marine Fisheries Service (NMFS) would be conducted by the USACE during the
USACE permit application process.
Marsh Creek is not part of an uninterrupted riparian corridor and although it is contiguous with
extensive open shoreline lands downstream, it connects to the uppermost part of the watershed
only after passing through commercial, industrial and residential development and numerous
culvert outfalls. Much of the Lower Reach of Marsh Creek lacks significant riffles, pools, irregular
bank features, and overhanging vegetation that provide suitable cover or refuge for resident or
dispersing wildlife. Furthermore, the adjacent residential neighborhoods and commercial
development bring predators such as pets, feral animals, and those attracted to human
habitation. Increased human activity, noise, and lighting further inhibit the movements of
wildlife species. For these reasons, the section of Marsh Creek that constitutes the project site is
not expected to serve as a significant wildlife corridor. Although, construction activities would
disturb wildlife that use the creek in the project area this disturbance would be temporary.
Furthermore, the implementation of the proposed habitat restoration and enhancement project
would serve to improve the quality of available habitat for wildlife use, including movement of
fish species. Thus, less than significant impacts to wildlife movement would occur.
e. The natural vegetation within the project area consists of annual grasses and forbs with a few
scattered oaks. Project implementation would require removal of predominantly ruderal
vegetation consisting of herbaceous annual and perennial grasses and forbs. Trees planned for
removal include one valley oak (dbh8 estimated to be 40 inches), two live oaks (14-inch dbh), and
5-10 non-native trees (8-inch dbh). The City of Brentwood Oak Tree Preservation Ordinance
requires that any healthy oak trees (4-inch dbh or greater) that are removed within Planned
Development 20 (PD-20) areas shall be replaced with 48-inch box blue oak trees with a canopy
width of 7 to 8 feet and a height of 17 feet. The ordinance requires that all trees shall be planted in
public lands, the golf course, open space areas or view easements.
Although the proposed project is not subject to the City’s tree ordinance, trees to be planted along
the creek would still comply with tree replacement standards and would provide a greater
number of trees than are currently on-site. A key component of the proposed project is to plant
numerous trees alongside the creek to provide shade for pedestrians utilizing the Marsh Creek
Trail and to shade waters within the creek to improve water quality. Thus, the impact would be
less than significant.
f. The East Contra Costa County HCP/NCCP was adopted in August of 2007. The HCP/NCCP
provides a framework to protect natural resources in eastern Contra Costa County, while
improving and streamlining the environmental permitting process for impacts on endangered
species. Rather than individually surveying, negotiating, and securing mitigation, project
proponents will receive required permits by paying a fee (and/or dedicating land) and adhering
8 Diameter of a tree measured at breast height or approximately 4.5 feet from the ground.
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to Plan-required avoidance and minimization measures. Fees are paid into two separate reserves,
a Development Fee and a Wetland Fee. The Development Fee requires payment based on a cost
per acre for all acres converted to non-habitat with the cost per acre based on the HCP fee zone.
The proposed project does not propose any building or structure development and would not
convert any areas to non-habitat. Nonetheless, the project would temporarily disturb habitat and
potentially affect covered species and payment of the Development Fee would be required. The
Wetland Fee requires payment based on the amount and type of wetland or waters affected. The
proposed project would comply with the HCP/NCCP and project impacts to species, habitat, and
wetlands would be mitigated through the payment of Wetland Impact fees to the HCP/NCCP (or
on-site habitat restoration). Therefore, the proposed project would not conflict with the
provisions of an adopted HCP/NCCP and there would be no impact.
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5.5 Cultural Resources
5.5.1 Background
The project area is situated on the western margin of California's Central Valley, one of two
principal grassland communities that exist in California. The combination of the climate and
arable soils has produced rich farmland leading to extensive agricultural use of the region, which
has resulted in the disappearance of much of the original marsh and grassland community.
Annual precipitation in the region is 6 to 29 inches. The climate is Mediterranean and
temperatures in the summer are high (WSA 2016). No standing structures are present on the
project site.
On November 10, 2015, WSA conducted a records search for the project at the Northwest
Information Center at Sonoma State University (NWIC) (File No. 15-0613). The records search
included a review of cultural resource and excavation reports and recorded cultural resources
within 1/4-mile radius of the project area. The records search also included a review of the Office
of Historic Preservation Directory.
A total of two cultural resources studies have been conducted within the project area, and a total
five cultural resources studies have been conducted within 1/4-mile radius of the project.
The records search indicated that no previously recorded resources are within the project area.
One previously recorded resource, the Union9 Pacific Railroad (P-07-000813), is located within
1/4-mile of the project area. The resource is a segment of the historic Union Pacific Railroad6
whose alignment has been recorded in a number of different locations.
WSA Staff Archaeologist David Buckley conducted a field reconnaissance of the proposed project
area on November 17, 2015. The survey began at the southeast corner of the project area at the
intersection of Dainty Avenue and proceeded north along the eastern side of Marsh Creek. The
survey proceeded around the north end of the project area and then continued south along the
west side of Marsh Creek, terminating back at Dainty Avenue. No prehistoric or historic deposits
were observed during the archaeological survey and no evidence of prehistoric cultural soils
(midden) was observed during the archaeological survey (WSA 2016).
5.5.2 Environmental Checklist and Discussion
CULTURAL RESOURCES
Would the project…
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No Impact
a) Cause a substantial adverse change in the
significance of a historical resource as defined in
Section 15064.5?
9 The railroad is listed as Union Pacific in the record but actually is currently known as Southern Pacific Railroad.
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b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to Section 15064.5?
c) Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?
d) Disturb any human remains, including those
interred outside of formal cemeteries?
e) Would the project cause a substantial adverse
change in the significance of a tribal cultural
resource as defined in Public Resources Code
21074?
DISCUSSION:
a. The project site consists of a section along Marsh Creek and the Marsh Creek Trail. The site does
not contain buildings or structures that would qualify as historic al resources. No impact on a
structure or feature of the built environment that qualifies as a historical resource would occur.
b.,d. As noted above, no recorded archaeological resources are known from the project area. No
prehistoric or historic deposits were observed during the archaeological survey and no evidence
of prehistoric cultural soils (midden) was observed during the archaeological survey. However,
given that associated grave goods and human remains have been identified at various places
along the banks of Marsh Creek at other locations, all of the areas immediately adjacent to Marsh
Creek are considered sensitive for prehistoric archaeological deposits. Therefore, project impacts
to unknown cultural resources or human remains would be potentially significant. Mitigation
Measure CUL-1 would reduce the impacts to unknown historic and prehistoric archaeological
resources and human remains to a less than significant level.
Mitigation Measure CUL-1:
Crew training, initial monitoring by a qualified archaeologist to determine an
appropriate level of monitoring for the duration of the project, and additional spot checks
pending the results of the initial monitoring shall be conducted prior to and during
ground disturbing activities.
A qualified archaeologist shall be present on the project site to monitor ground
disturbing activities and inspect excavated soils to identify any cultural resources and
human remains as deemed appropriate by the qualified archaeologist.
All construction crew workers shall attend a training session led by a qualified
archaeologist that discusses (1) the reasons for archaeological resource monitoring; (2)
regulatory policies protecting resources and human remains; (3) basic identification of
archaeological resources; and (4) the protocol to follow in case of a discovery of such
resources.
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In accordance with CEQA Guideline §15064.5 (f), should any previously unknown
historic or prehistoric resources, including but not limited to charcoal, obsidian or chert
flakes, grinding bowls, shell fragments, bone, pockets of dark, friable soils, glass, metal,
ceramics, wood, privies, trash deposits or similar debris, be discovered during ground
disturbing activities, work within 25 feet of these materials should be stopped until a
qualified professional archaeologist has an opportunity to evaluate the potential
significance of the find and to consult with the lead agency about what appropriate
mitigation would be appropriate to protect the resource.
In the event that human remains, or possible human remains, are encountered during
project-related ground disturbance, in any location other than a dedicated cemetery,
there shall be no further excavation or disturbance of the site or any nearby area
reasonably suspected to overlie adjacent remains until the coroner of the county in which
the human remains are discovered has determined, that the remains are not subject to the
provisions of Section 27492 of the Government Code or any other related provisions of
law concerning investigation of the circumstances, manner and cause of death, and the
recommendations concerning treatment and disposition of the human remains have been
made to the person responsible for the excavation, or to his or her authorized
representative, in the manner provided in Section 5097.98 of the Public Resources Code.
The County Coroner, upon recognizing the remains as being of Native American origin,
is responsible to contact the NAHC within 24 hours. The Commission has various
powers and duties, including the appointment of a Most Likely Descendant (MLD) to the
project. The MLD, or in lieu of the MLD, the NAHC, has the responsibility to provide
guidance as to the ultimate disposition of any Native American remains.
c. There are no known significant fossil deposits or paleontological resources located in the City of
Brentwood (City of Brentwood 2014a). However, the geologic conditions within the city provide
suitable conditions for the possibility of fossils to exist at depths of five to 10 feet below ground
surface. The project site is mapped as Quaternary-aged alluvial deposits. Geologic formations,
including various Quaternary subunits have a high to moderate potential for paleontological
resources (City of Brentwood 2014a). Therefore, excavation on the project site could potentially
inadvertently unearth and damage paleontological resources. Project impacts to paleontological
resources would be potentially significant. Mitigation Measure CUL-2 would be implemented to
reduce the impact on paleontological resources to a less than significant level.
Mitigation Measure CUL-2:
Prior to project construction, construction personnel shall be informed of the potential for
encountering significant paleontological resources. All construction personnel shall be
informed of the need to stop work in the vicinity of a potential discovery until a qualified
paleontologist has been provided the opportunity to assess the significance of the find
and implement appropriate measures to protect or scientifically remove the find.
Construction personnel shall also be informed of the requirements that unauthorized
collection resources are prohibited.
e. Assembly Bill (AB) 52, which came into effect on July 1, 2015, requires that lead agencies consider
the effects of projects on tribal cultural resources and conduct consultation with federally and
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non-federally recognized Native American tribes early in the environmental review process.
According to AB 52, it is the responsibility of the tribes to formally request of a lead agency that
they be notified of projects in the lead agency’s jurisdiction so that they may request consultation.
One tribe, Wilton Rancheria, has contacted the District 10 requesting notification regarding
projects proposed by the County. A letter was sent to Wilton Rancheria in October 2015 and no
responses have been received to date. Although at this time, no other tribes have contacted the
District requesting notification, the District proactively contacted the Native American Heritage
Commission (NAHC) to obtain a list of Native American individuals and organizations that may
have knowledge of or interest in tribal cultural resources in the project area. On February 1, 2016,
WSA sent out letters to Native American tribes identified by NAHC notifying them of the
proposed project and followed up with phone calls. Comments and recommendations were
received from three Native American contacts. Ms. Zwierlein representing the Amah/Mutsun
Tribal Band recommended construction to proceed with caution and call an archaeologist, if
needed. Ms. Sayers representing the Indian Canyon Mutsun Band of Costanoan recommended
archaeological and Native American monitoring during ground disturbance. Ms. Cambra
representing the Muwekma Ohlone Indian Tribe of the SF Bay Area recommended consultation
with the lead agency and asked for a report on how they responded to the archaeologist's
recommendations. A record of the Native American consultation can be found in the 2016
Cultural Resources Assessment Report. The District has determined that with the mitigation
measures outlined above, the proposed project would not affect any known tribal cultural
resources in the area. The impact would be less than significant.
10 The District is coordinating with Native American tribes on behalf of the County.
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5.6 Geology and Soils
5.6.1 Background
The project area is mapped as Quaternary-aged alluvial deposits. These soils are described as
surficial sediments of alluvial clay and loam. Over the majority of the project site, soils
encountered include clay with varying amounts of sand, silt, and gravel. The site is generally
covered by seasonal grasses and weeds (ENGEO 2015). The existing Marsh Creek Trail consists of
asphalt and landscaped gravels covering the surface.
5.6.2 Environmental Checklist and Discussion
GEOLOGY and SOILS
Would the project…
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No Impact
a) Expose people or structures to 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? Refer to Division of Mines
and Geology Special Publication 42.
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 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?
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DISCUSSION:
a. i. The San Francisco Bay Area contains numerous active earthquake faults. Numerous small
earthquakes occur every year in the San Francisco Bay Region, and larger earthquakes have been
recorded and can be expected to occur in the future. The project site is not located within a
currently designated Alquist-Priolo Earthquake Fault Zone and no known surface expression of
active faults is believed to exist within the project site. The nearest active faults are the Greenville
fault and Mount Diablo Thrust fault, located approximately 8 miles and 15 miles to the west,
respectively. The two faults are considered capable of a moment magnitude earthquake of 7.0
and 6.7, respectively. Additionally, the Great Valley fault, a buried thrust fault, underlies the
general Brentwood area. The location of the Great Valley fault is inferred from regional data; the
fault does not extend to the ground surface and its location is not accurately known (ENGEO
2015).
Although the project site lies within a seismically active region, there are no known active faults
crossing the project site and the site is not located within an Earthquake Fault Zone. Therefore,
ground rupture is unlikely at the project site and the impact would be less than significant.
a. ii. The project site could experience ground shaking due to an earthquake of moderate to high
magnitude generated within the San Francisco Bay Region, similar to that which has occurred in
the past. Therefore, if cut slopes to create the floodplain and flood benches are steeper than 3:1,
they could become unstable or collapse as a result of ground shaking. The impact would be
potentially significant. The proposed project would implement Mitigation Measure GEO-1, which
requires the project to comply with all recommendations specified in Section 3.3 of the
Geotechnical Report, including those pertaining to slope construction, to reduce the potential for
slope deformation in the event of an earthquake. Compliance with Mitigation Measure GEO-1
would ensure less than significant impacts from seismic ground shaking.
Mitigation Measure GEO-1:
The proposed project shall comply with all recommendations specified in Section 3.3 of
the May 2015 Geotechnical Report prepared by ENGEO.
a. iii. According to the Association of Bay Area Governments (ABAG), the liquefaction susceptibility of
the project site ranges from moderate to very high. The liquefaction susceptibility is high along
the northeastern portion of the site adjacent to the railroad and very high along Marsh Creek.
However, during field explorations conducted by ENGEO on December 9, 2014, no materials that
would be classified as susceptible to liquefaction that are situated above groundwater levels were
encountered. Furthermore, the project does not include any structures that would be inhabited by
people. Thus, the impact from liquefaction would be less than significant.
a. iv. The proposed project site is relatively flat and not located in an area susceptible to landslides.
Therefore, the proposed project would not be affected by landslides and no impact would occur.
b. During construction activities, such as excavation of the creek channel, there could be potential
for erosion and discharge of eroded sediment into Marsh Creek. Construction projects that
involve disturbance of over 1.0 acre of land are required by law to seek coverage under the state’s
National Pollutant Discharge Elimination System (NPDES) General Permit for Discharge of
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Storm Water Associated with Construction Activity. As part of this permit, construction projects
disturbing over 1.0 acre (such as the proposed project) are required to file a notice of intent (NOI)
with the State Water Resources Control Board and implement a site-specific Storm Water
Pollution Prevention Plan (SWPPP), which would specify Best Management Practices (BMPs) to
reduce the contribution of sediments, spilled and leaked liquids from construction equipment,
and other construction-related pollutants to project site runoff. The District on behalf of the
County would have oversight responsibility over the three reaches and would have the authority
to stop construction in the event the SWPPP is improperly implemented. As a result of
compliance with the law related to construction site runoff, the impact related to soil erosion
during construction would be less than significant.
Upon project completion, implemented restoration activities would reduce flow velocities within
the creek thereby reducing erosion potential. Replanting native riparian vegetation along the
creek and wetland plants within the excavated floodplain benches would also prevent soil loss.
Additionally, permanent slope protection would be installed on newly cut slopes to prevent
long-term effects of erosion and weathering. Matting, armor, revegetation, or biotechnical
methods would be installed at the completion of slope construction and selected erosion control
material would provide soil stabilization and promote vegetation growth. Thus, impacts from
soil erosion following project completion would be less than significant.
c. As noted above, no liquefiable materials were observed on the project site. Lateral spreading is a
failure within a nearly horizontal soil zone (possibly due to liquefaction) that causes the
overlying soil mass to move toward a free face or down a gentle slope. Due to the lack of
liquefiable materials encountered at the site, the potential for lateral spread is also low. Therefore,
the project site is not underlain by unstable soils and impacts are less than significant.
d. Near surface soils on the project site exhibit high expansion potential with a Plasticity Index (PI)
value of 34 with a Liquid Limit of 51, as documented by Terrasearch in a boring just east of the
Sand Creek confluence. Expansive soils shrink and swell as a result of moisture changes, which
can cause soil heaving and cracking. No buildings are proposed as part of the project, and
furthermore, the proposed project would implement Mitigation Measure GEO-1, which requires
the project to comply with all recommendations specified in Section 3.3 of the Geotechnical
Report. There would be a less than significant impact from expansive soils.
e. No septic tanks or alternative wastewater disposal systems are included in the proposed project,
and there would be no impact.
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5.7 Greenhouse Gas Emissions
5.7.1 Background
General
Global climate change refers to any significant change in climate measurements, such as
temperature, precipitation, or wind, lasting for an extended period (i.e., decades or longer)
(U.S. EPA 2014). Climate change may result from:
natural factors, such as changes in the sun’s intensity or slow changes in the Earth’s orbit
around the sun;
natural processes within the climate system (e.g., changes in ocean circulation, reduction in
sunlight from the addition of greenhouse gas (GHG) and other gases to the atmosphere from
volcanic eruptions); and
human activities that change the atmosphere’s composition (e.g., through burning fossil
fuels) and the land surface (e.g., deforestation, reforestation, urbanization, desertification).
The primary change in global climate has been a rise in the average global tropospheric
temperature of 0.2 degree Celsius per decade, determined from meteorological measurements
worldwide between 1990 and 2005. Climate change modeling using 2000 emission rates shows
that further warming is likely to occur, which would induce further changes in the global climat e
system during the current century (IPCC 2007). Changes to the global climate system and
ecosystems, and to California, could include declining sea ice and mountain snowpack levels,
rising average global sea levels, and many other potentially severe problems (IPCC 2007).
The natural process through which heat is retained in the troposphere 11 is called the “greenhouse
effect.” The greenhouse effect traps heat in the troposphere through a threefold process as
follows: (1) short-wave radiation in the form of visible light emitted by the Sun is absorbed by the
Earth as heat; (2) long-wave radiation is re-emitted by the Earth; and (3) GHGs in the upper
atmosphere absorb or trap the long-wave radiation and re-emit it back towards the Earth and
into space. This third process is the focus of current climate change actions.
While water vapor and carbon dioxide (CO2) are the most abundant GHGs, other trace GHGs
have a greater ability to absorb and re-radiate long-wave radiation. To gauge the potency of
GHGs, scientists have established a Global Warming Potential (GWP) for each GHG based on its
ability to absorb and re-emit long-wave radiation over a specific period. The GWP of a gas is
determined using CO2 as the reference gas, which has a GWP of 1 over 100 years (IPCC 1996).12
For example, a gas with a GWP of 10 is 10 times more potent than CO 2 over 100 years. The use of
GWP allows GHG emissions to be reported using CO2 as a baseline. The sum of each GHG
11 The troposphere is the bottom layer of the atmosphere, which varies in height from the Earth’s surface to 10 to
12 kilometers).
12 All Global Warming Potentials are given as 100-year values.
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multiplied by its associated GWP is referred to as “carbon dioxide equivalents” (CO2e).
This essentially means that 1 metric ton of a GHG with a GWP of 10 has the same climate change
impacts as 10 metric tons of CO2.
Regulatory Setting
In 2005, in recognition of California’s vulnerability to the effects of climate chang e, then-
Governor Schwarzenegger established Executive Order S-3-05, which sets forth a series of target
dates by which statewide emissions of GHGs would be progressively reduced, as follows: by
2010, reduce GHG emissions to 2000 levels (approximately 457 MMTCO2e); by 2020, reduce
emissions to 1990 levels (estimated at 427 MMTCO2e); and by 2050 reduce statewide GHG
emissions to 80 percent below 1990 levels (approximately 85 MMTCO2e).
In response, the California legislature passed Assembly Bill No. 32 in 2006 (California Health and
Safety Code Division 25.5, Sections 38500, et seq., or AB 32), also known as the Global Warming
Solutions Act. AB 32 requires ARB to design and implement emission limits, regulations, and
other measures, such that feasible and cost-effective statewide GHG emissions are reduced to
1990 levels by 2020 (representing a 25 percent reduction from forecast emission levels)
(OPR 2008).
Pursuant to AB 32, ARB adopted a Scoping Plan in December 2008, outlining measures to meet
the 2020 GHG reduction limits. Assembly Bill 32 (AB 32) Climate Change Scoping Plan indicates
how reductions in significant GHG sources will be achieved through regulations, market
mechanisms, and other actions. The AB 32 Scoping Plan recommendations are intended to curb
projected business-as-usual growth in GHG emissions and reduce those emissions to 1990 levels.
5.7.2 Environmental Checklist and Discussion
GREENHOUSE GAS EMISSIONS
Would the project…
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No Impact
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 or reducing
the emissions of greenhouse gases?
DISCUSSION:
a. Implementation of the proposed project would result in small increases of GHG emissions that
are associated with global climate change. Estimated GHG emissions attributable to the proposed
project would be primarily associated with increases of CO 2 from mobile sources including
construction haul trucks (to off-haul excavated materials), and equipment used during the
construction of the proposed project. There would be minimal operational GHG emissions for
reasons presented below.
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Construction
During implementation of creek restoration activities, GHGs would be emitted from the
operation of construction equipment and from construction worker vehicles and haul truck trips
to and from the project site. GHG emissions during construction were estimated using the
CalEEMod model. Based on CalEEMod, construction activities on the project site would generate
approximately 44.6 MTCO2e in 2017. There are no quantitative thresholds put forth by the
BAAQMD for the evaluation of the significance of a project’s construction emissions. However,
these estimated one-time emissions are lower than the 1,100 MTCO2e threshold that is put forth
by the BAAQMD for the evaluation of the impact from a project’s operation emissions. Therefore,
the emissions are considered too small to result in a significant change in global climate change.
The impact from the construction phase GHG emissions associated with the proposed project
would be less than significant.
Operation
A small number of periodic vehicle trips would be made to the project site initially for
monitoring the success of the plantings and in the long run for creek maintenance. The number of
vehicle trips to monitor the plantings would be minimal and would not substantially increase
GHG emissions. The vehicle trips for creek maintenance would be about the same number as the
trips currently made to the area by the District staff under current conditions. The impact from
operational emissions would be less than significant.
b. The proposed project would result in a minimal increase in GHG emissions, as described above.
Therefore, the proposed project would not conflict with AB 32 or other state laws and regulations
related to GHG emissions and the impact would be less than significant.
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5.8 Hazards and Hazardous Materials
5.8.1 Background
Nearby land uses are primarily residential subdivisions, Willow Wood School/Dainty Center, city
parks, and vacant lands planned for residential development and city parks. Historically, Marsh
Creek has been highly modified by the District and various agricultural activities. Pesticides may
be present in soils due to historic agricultural use of the site and surrounding areas. However, a
Phase I ESA analysis prepared in 2003 for the adjacent Pulte project site, determined that DDE
and DDT chlorinated pesticide concentrations on the Pulte project site were less than 0.079 parts
per million (ppm), and DDT concentrations were less than the detection limit of 0.010 ppm (City
of Brentwood 2014b). Existing hazardous materials use in the creek area is limited to the use of
certain herbicides to control invasive species and use of fuel in vehicles used to access the various
portions of the creek.
5.8.2 Environmental Checklist and Discussion
HAZARDS & HAZARDOUS MATERIALS
Would the project…
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No Impact
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 it 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 for people residing or working in
the project area?
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DISCUSSION:
Project
a., b. There are no known environmental hazards on the project site. The proposed project would not
involve routine use, storage, transport, and disposal of hazardous materials in any significant
quantities. Small quantities of hazardous materials, including fuel for construction equipment
would be used on-site during construction activities. All activities would comply with state and
federal hazard and hazardous material regulations, thus the risk associated with the routine
transport, use, and disposal of hazardous materials would be minimal. The impacts related to
hazardous materials would be less than significant.
c. Willow Wood School/Dainty Center is the nearest school to the project site, located
approximately 50 feet to the east of the Upper Reach between Central Boulevard and Dainty
Avenue. However, the proposed project would not involve handling of hazardous or acutely
hazardous materials, substances, or waste. Therefore, less than significant impacts would occur. .
d. According to CERCLIS, Geotracker, and EnviroStor database searches for known hazardous
materials contamination, conducted on May 25, 2016, the project site is not located on a property
associated with a hazardous site listed under Government Code Section 65962.5, also known as
the Cortese List. As a result, the proposed project would not create a significant hazard to the
public or the environment associated with a hazardous site listed under Government Code
Section 65962.5. There would be no impact.
e., f. The project site is not located within 2 miles of a public or private airport. The closest airport is
the Byron Airport-C83 located approximately 8 miles southeast of the project site. No structures
are proposed as part of the project. There would be no impact.
g. Implementation of the proposed project would have no effect on emergency evacuation plans for
the surrounding area. The project site is a 4,000 linear feet section of Marsh Creek. The
surrounding area is primarily agricultural, residential, and vacant lands planned for residential
development and city parks. Creek restoration activities would produce 24,000 cubic yards of
excavated soils. About 4,000 cubic yards of the excavated soils would be used on-site as fill while
the remaining 20,000 cubic yards would require haul trucks to transport and dispose of the
f) For a project within the vicinity of a private
airstrip, would the project result in a safety
hazard for people residing or working in the
project area?
g) Impair implementation of or physically
interfere with an adopted emergency response
plan or emergency evacuation plan?
h) Expose people or structures to a significant risk
of loss, injury or death involving wildland fires,
including where wildlands are adjacent to
urbanized areas or where residences are
intermixed with wildlands?
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materials off-site. Due to the volume involved and the provision in the project to stockpile the
excavated materials and remove when needed, a large number of vehicle trips would not be
generated that could interfere with emergency access to or from the areas adjoining the project
site during construction. Access to the site would be from Griffith Lane, a cul‐de‐sac connecting
to Central Boulevard or from the soon-to-be constructed Bella Drive and Island Palm Way within
the Pulte Development east of the project site. Construction work and associated vehicle trips
would not restrict access to or block any public roads and would not interfere with an adopted
emergency response or evacuation plan. Additionally, the project contractor would be required
to notify emergency personnel with construction details and schedule prior to the start of
construction. The impact would be less than significant.
h. The project site is located in a Non-Very High Fire Hazard Severity Zone area and is designated
as a Local Responsibility Area (CalFire 2009). Implementation of the proposed restoration
activities would not result in the construction of structures on the project site or increase the site’s
overall fire hazard severity. Therefore, implementation of the proposed project would not
increase risks to the public from wildfires. There would be no impact.
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5.9 Hydrology and Water Quality
5.9.1 Background
At the project location, Marsh Creek is a perennial, 4th order stream.13 The watershed originates in
the Morgan Territory on the north side of Mt. Diablo and covers some 128 miles2. Marsh Creek
flows for 30 miles and empties into the tidally influenced Dutch Slough, and then Big Break and
the lower San Joaquin River (Wood 2016).
Marsh Creek Dam, located near Briones Valley and approximately 3.9 miles upstream of the
project, was constructed in 1963 and impounds runoff from approximately 38 percent of the
Marsh Creek watershed. The four major tributaries draining into Marsh Creek are Briones Creek,
Dry Creek, Deer Creek and Sand Creek. The confluence of Briones and Marsh Creeks is at the
Marsh Creek Reservoir; Dry Creek flows into Marsh Creek approximately 0.5 mile upstream of
the project site; and Deer and Sand Creeks flow into Marsh Creek within the project site.
Historically, much of the lower reaches of Marsh Creek were dry in the summe r. Currently,
flowing surface water is present from lower Marsh Creek to its mouth; these flows are made up
primarily of water resulting from an elevated water table caused by runoff from agricultural and
landscape irrigation and urban discharges (Wood 2016).
The project site is located in FEMA Flood Zone AE, an area subject to inundation with a 1.0
percent annual-chance of flood (FEMA 2016).
5.9.2 Environmental Checklist and Discussion
HYDROLOGY & WATER QUALITY
Would the project…
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No Impact
a) Violate any water quality standards or waste
discharge requirements?
b) Substantially deplete groundwater supplies or
interfere substantially with groundwater
recharge such that there would be a net deficit
in aquifer volume or a lowering of the local
groundwater table level (e.g., the production
rate of pre-existing nearby wells would drop to
a level which would not support existing land
uses or planned uses for which permits have
been granted)?
13 See http://en.wikipedia.org/wiki/Strahler_Stream_Order for descriptions of stream orders.
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c) Substantially alter the existing drainage pattern
of the site or area, including through the
alteration of the course of a stream or river, in a
manner which would result in substantial
erosion or siltation on- or off-site?
d) Substantially alter the existing drainage pattern
of the site or area, including through the
alteration of the course of a stream or river, or
substantially increase the rate or amount of
surface runoff in a manner which would result
in flooding on- or off-site?
e) Create or contribute runoff water which would
exceed the capacity of existing or planned storm
water drainage systems or provide substantial
additional sources of polluted runoff?
f) Otherwise substantially degrade water quality?
g) Place housing within a 100-year flood hazard
area as mapped on a federal Flood Hazard
Boundary or Flood Insurance Rate Map or other
flood hazard delineation map?
h) Place within a 100-year flood hazard area
structures which would impede or redirect
flood flows?
i) Expose people or structures to a significant risk
of loss, injury or death involving flooding,
including flooding as a result of the failure of a
levee or dam?
j) Inundation by seiche, tsunami, or mudflow?
DISCUSSION:
a. During construction of the proposed project, there is a potential for increased erosion,
sedimentation, and discharge of polluted runoff from the project site. As discussed in Response b
in Section 5.6 above, NPDES requires that the proposed project develop and implement a
SWPPP, including control measures (or Best Management Practices) to control erosion and
release of sediment and other pollutants from the site. The SWPPP would ensure that
construction activities would not cause an exceedance of the Central Valley Regional Water
Quality Control Board’s (RWQCB) water quality standards. As a result, the project’s construction
activities would not result in an exceedance of a water quality standard and the impact would be
less than significant.
Operation of the proposed project would decrease creek flow velocities and erosion potential
while improving water quality. The project would reduce the potential for erosion and sediment
transport by lowering the water stage, reducing the velocity by widening the cross-sectional
velocity of the channel, and establishing native riparian vegetation where compatible with the
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flood management objectives. The planting of vegetation such as trees along the widened creek
channel would provide shade for surface waters, thereby decreasing water temperatures and
increasing the currently low dissolved oxygen levels. Thus, the proposed project would reduce
erosion and improve water quality on the project site as compared to existing conditions. As a
result, the project would not involve any activity that would result in an exceedance of a water
quality standard and the impact would be less than significant.
b. Implementation of the proposed project would not result in any groundwater extraction.
Additionally, the restoration activities would not increase impervious surfaces on the project site,
and therefore would not interfere with groundwater recharge. There would be no impact.
c. Channel widening would reduce flow velocity and thereby reduce the potential for scour and
erosion, although as noted in the Project Description, detailed hydraulic modeling may indicate
that some bank armoring is necessary where the expanded channel will taper down to th e
existing channel at the downstream project boundary or in other locations. By including
appropriate erosion and scour control measures, lowering the water stage, reducing flow velocity
by widening the creek channel, and establishing native riparian vegetation, the proposed project
would reduce erosion potential of the creek section. The impact related to soil erosion would be
less than significant.
d. Implementation of the proposed project would not negatively impact Marsh Creek, its tributaries
or alter drainage patterns of the surrounding area to cause excess runoff or floods. No
impervious development would occur as part of the project that would increase the volume of
storm water runoff. The project site is located in FEMA Flood Zone AE, an area subject to
inundation with a 1.0 percent annual-chance of flood. The proposed project is an innovative non-
structural approach to flood management that focuses on giving the creek more room to safely
convey flood waters. Restoration activities would entail increasing the cross-sectional area of the
stream channel by excavating earth along both banks of the Upper Reach and Middle Reach to
create new floodplain benches and along the east bank of the Lower Reach to create a new 10 to
40 foot floodplain. The purpose of the channel widening is to create enough conveyance capacity
to safely convey large flood flows known to Marsh Creek. The newly created flood benches and
floodplain would be inundated when flows in the creek rise during typical storm that reoccur
nearly annually. Thus, the proposed project would improve creek flow to reduce impacts from
flood hazards. Impacts would be less than significant.
e. As previously mentioned, the proposed project would be required to implement a SWPPP, which
will include erosion and water pollution control measures, to control off-site sediment delivery
during construction. As a result, the proposed project would not provide substantial additional
sources of polluted runoff. Operational impacts to polluted runoff are discussed in Response a
above. This impact is considered less than significant.
f. Currently, poor water quality within the creek from urban run-off is made worse by the lack of
wetlands, shade, and microbial activity. Relatively high temperatures combined with low
dissolved oxygen levels have caused four major fish kills on Marsh Creek over the last nine years.
As mentioned above, the proposed project would plant trees along the creek section to provide
shade thereby decreasing water temperatures. Planting native riparian vegetation within the
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widened creek would also help increase dissolved oxygen levels and improve water quality.
Therefore, impacts would be beneficial and less than significant.
g.-j. The project site is located within a federally designated 100-year flood hazard area. However, no
housing or structures are proposed as part of the planned channel widening and restoration
activities. The project site is not in an area that could be inundated by a seiche, tsunami, or
mudflow. There would be no impact.
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5.10 Land Use and Planning
5.10.1 Background
The project is located along Marsh Creek in the City of Brentwood. Lands surrounding the
project area are developed with residences and city parks, and vacant lands are planned for
residential development and city parks.
5.10.2 Environmental Checklist and Discussion
LAND USE & PLANNING
Would the project…
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No Impact
a) Physically divide an established community?
b) Conflict with any applicable land use plan,
policy, or regulation of an agency with
jurisdiction over the project (including, but not
limited to the general plan, specific plan, local
coastal program, or zoning ordinance) adopted
for the purpose of avoiding or mitigating an
environmental effect?
c) Conflict with any applicable habitat
conservation plan or natural community
conservation plan?
DISCUSSION:
a. Residential subdivisions are present on both sides of the creek and an approved subdivision is
planned for the vacant land to the east of the Lower Reach. However, there is no established
community located on the project site and due to the nature of the creek restoration project, no
impact would occur.
b. The project site is mapped as a waterway in the General Plan. The City’s General Plan is not
applicable to the project. Furthermore, the project would not change the land use of the parcels
that contain the creek. Therefore, there would be no impact.
c. The proposed project is within the ECCC HCP/NCCP, and anticipated project impacts would be
mitigated through the payment of a Development Fee and Wetland Impact fee (or on-site
restoration) to the East Contra Costa County Habitat Conservancy. Therefore, the proposed
project would not conflict with the provisions of an adopted HCP or NCCP and there would be
no impact.
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5.11 Mineral Resources
5.11.1 Background
Within the City of Brentwood, mineral resources include sand, gravel, coal, oil, and gas. In
general, sand is likely the most significant economic mineral deposit found. It is possible that
significant deposits of coal and specialty sand remain in the western portion of Brentwood,
within the Domengine sandstone. Oil and gas have been sporadically produced in the region
since 1864 and are recovered from sands mostly of the Eocene age, at depths of approximately
4,000 feet. The potential for additional oil and gas reserves exists within the city. Dry gas is
presently being produced in the northeast portion of Brentwood, and the potential for additional
reserves exists throughout the area (City of Brentwood 2014a). Aggregate resource areas within
the City of Brentwood are classified as either MRZ-1 or MRZ-4 in SMARA Mineral Land
Classification Maps.14 Mineral resource extraction is not permitted under the Resource
Management Directives of the Department of Parks and Recreation.
There are no existing active oil or gas wells or mineral extraction on or in the vicinity of the
project site.
5.11.2 Environmental Checklist and Discussion
MINERAL RESOURCES
Would the project…
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No Impact
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?
DISCUSSION:
a. - b. The project site is located along Marsh Creek. There are no mineral resources on the project site
and no mineral extraction occurs or is known to have occurred on the project site. There would be
no impact.
14 MRZ-4 are areas where available information is inadequate for assignment to any other MRZ classification.
MRZ-1 Areas where adequate information indicates that no significant mineral deposits are present, or where it
is judged that little likelihood exists for their presence.
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5.12 Noise
5.12.1 Background
Noise-sensitive land uses generally include those uses where exposure to noise would result in
adverse effects, as well as uses where quiet surroundings are an essential element of their
intended purpose. Residential dwellings are of primary concern because of the potential for
increased and prolonged exposure of individuals to both interior and exterior noise levels. Other
noise-sensitive land uses include hospitals, convalescent facilities, parks, hotels, churches,
libraries, and other uses where low interior noise levels are essential.
The project site is located along Marsh Creek where the surrounding areas are being rapidly
urbanized with residential and commercial uses. The primary noise sources in the project area
include traffic noise from local roadways. The Union Pacific Railroad, located approximately 175
feet north of the Lower Reach is currently inactive . The closest highway, SR-4 is located
approximately 2.2 miles west of the project site. Residential homes, a daycare center, city parks,
and vacant lands are adjacent to the project site.
The nearest sensitive receptors to the Upper Reach are located within Willow Wood
School/Dainty Center and residential neighborhoods less than 50 feet to the east. There are also
residential neighborhoods located approximately 100 feet to the west of Central Boulevard and
Marsh Creek up to Deer Creek.
Lands to the east of the Middle Reach are also developed with single-family residences and the
nearest receptors are about 50 feet from the proposed construction activities.
The nearest sensitive receptors to the Lower Reach are single-family homes and Sungold Park
located less than 50 feet to the west.
5.12.2 Environmental Checklist and Discussion
NOISE
Would the project…
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No Impact
a) Exposure of persons to or generation of noise
levels in excess of standards established in the
local general plan or noise ordinance, or
applicable standards of other agencies?
b) Exposure of persons to or generation of
excessive groundborne vibration or
groundborne noise levels?
c) A substantial permanent increase in ambient
noise levels in the project vicinity above levels
existing without the project?
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d) A substantial temporary or periodic increase in
ambient noise levels in the project vicinity
above levels existing without the project?
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 expose
people residing or working in the project area to
excessive noise levels?
f) For a project within the vicinity of a private
airstrip, would the project expose people
residing or working in the project area to
excessive noise levels?
DISCUSSION:
a. The potential for construction noise to exceed the City of Brentwood noise standards are detailed
in Response d below. Once the project is constructed, there would be no increase in operational
noise in the project area due to the project. Creek restoration may increase visitors utilizing the
Marsh Creek Trail. However this increase would not be substantial enough to cause noise levels
to increase above the City’s noise standards. Thus, the impact would be less than significant.
b. Channel widening and restoration activities would not require pile-driving, blasting, or other
activities that could cause substantial groundborne vibration or noise. Project construction
activities would include the use of tractors, loaders, excavators, graders, which are not sources of
significant groundborne vibration or noise. Haul trucks could result in some level of vibration
while hauling materials off-site. However, the vibrations would be the range that is experienced
in urban areas from truck movement. The impact would be less than significant.
c. Implementation of the proposed project would not add any new sources of noise to the project
area. The creek section is currently maintained by the District and will continue to be upon
project implementation, thereby not increasing vehicle trips for maintenance. In the first few
years of project operation, monitoring of the restoration efforts would add a small number of
vehicle trips to the project site. In addition, due to restoration of riparian vegetation along the
creek banks and trail improvements, the project would improve the experience of the trail users
as well as provide areas where trail users can stop in shade and enjoy the beauty of the creek.
This may result in an increase in visitors to the creek and a resultant increase in vehicular traffic
to parking facilities near Marsh Creek. However this increase would not be substantial compared
to existing conditions. Therefore, there would not be a substantial permanent increase in noise
levels related to mobile sources. The impact would be less than significant.
d. Construction activities would require the use of tractors, loaders, excavators, graders, and haul
trucks. The number of construction vehicle trips would increase, depending on the specific
activity that is underway. Also the location of the construction activities would differ with each
reach and all of the improvements may not be constructed within the same timeframe on all three
reaches. Furthermore, sensitive receptors that are proximate to one reach would be affected by
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the noise from construction on that reach and generally would not be affected by noise generated
by the work on other reaches due to distance and attenuation.
The area to the east of the Upper Reach is developed with residential neighborhoods that are less
than 50 feet away from the proposed widening. A school and daycare center is also located on the
east bank of the creek just north of Dainty Avenue. Land to the west between Dainty Avenue and
Central Boulevard is owned by the District and is vacant. Residential neighborhoods are present
to the west of Central Boulevard and Marsh Creek up to Deer Creek (approximately 100 feet from
the proposed activities). Construction activities in the Upper Reach would take place over the
short timeframe of about 2 weeks.
Lands to the east of the Middle Reach are also developed with single-family residences and the
nearest receptors are about 50 feet from the proposed construction activities. Lands to the west of
the Middle Reach are vacant and no sensitive receptors are present in that area. Construction
activities in the Middle Reach would take place over 1 to 2 weeks.
Lands to the east of the Lower Reach are undeveloped at this time although future city parks are
planned adjacent to the creek and the remaining area is the site of the approved Pulte residential
subdivision. Single-family homes and a city park (Sungold Park) are located to the west of the
Lower Reach (less than 50 feet). Construction activities would take place over about 4 weeks.
Construction activities and traffic would cause temporary increases in noise due to site grading,
use of construction equipment, and operation of construction vehicles. Construction equipment
would be operated intermittently over the course of construction on each reach. Routine noise
levels from conventional construction activities (with a typical mix and number of pieces of
equipment operating on the site) range from 75 to 86 dB(A) equivalent continuous noise level
(Leq) at a distance of 50 feet, from 69 to 80 dB(A) Leq at a distance of 100 feet, from 55 to 66 dB(A)
Leq at a distance of 500 feet, and 48 to 60 dB(A) Leq at a distance of 1,000 feet. Noise levels at the
nearest sensitive receptors are likely to be lower because the small size of the project would
require only a few pieces of construction equipment and they would be operating for a relatively
short time during the construction period.
Nonetheless, noise from channel widening and restoration activities could impact the
surrounding residences, school and daycare center, and park facilities that are located less than
50 feet from various work areas along the creek section. However, with implementation of
Mitigation Measure NOISE-1, which requires the project to comply with the Brentwood Noise
Ordinance and limits construction activities to daytime hours, the impact would be less than
significant.
Mitigation Measure NOISE-1
The project contractor shall ensure that construction activities shall be limited to the
hours set forth in Brentwood Municipal Code Section 9.32.050, as follows:
Outside Heavy Construction: Monday-Friday 8:00 AM to 5:00 PM
Saturday 9:00 AM to 4:00 PM
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e., f. The project site is not located within 2 miles of a public or private airport. The closest airport is
the Byron Airport-C83 located approximately 8 miles southeast of the project site. No structures
are proposed as part of the project. There would be no impact.
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5.13 Population and Housing
5.13.1 Background
The project site is surrounded by residential uses, a private elementary school and daycare
center, city parks, vacant land planned for residential use and city parks, and vacant land. The
project site does not include any housing.
5.13.2 Environmental Checklist and Discussion
POPULATION & HOUSING
Would the project…
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No Impact
a) Induce substantial population growth in an
area, either directly (for example, by proposing
new homes and businesses) or indirectly (for
example, through extension of roads or other
infrastructure)?
b) Displace substantial numbers of existing
housing, necessitating the construction of
replacement housing elsewhere?
c) Displace substantial numbers of people,
necessitating the construction of replacement
housing elsewhere?
DISCUSSION:
a. The proposed project does not include the construction of homes and/or businesses. In addition,
the proposed project would not construct any new roads or infrastructure that could support
future development. As a result, the proposed project would not induce substantial population
growth in the area, either directly or indirectly. There would be no impact.
b.- c. There are no residences on the project site or people currently living on the site . Impacts from
project implementation would not affect the existing residences adjacent to the creek section. As a
result, the proposed project would not displace any housing or people. There would be no impact.
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5.14 Public Services
5.14.1 Background
The proposed project is the implementation of creek widening and restoration activities. There
are no structures on the project site and implementation of the proposed project would not
include the construction of any habitable structures.
5.14.2 Environmental Checklist and Discussion
PUBLIC SERVICES
Would the project…
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No Impact
a) 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:
i) Fire protection?
ii) Police protection?
iii) Schools?
iv) Parks?
v) Other public facilities?
DISCUSSION:
Project
a.i. Fire protection services in the project vicinity are provided by the East Contra Costa Fire
Protection District (ECCFPD). Implementation of the proposed project would not increase
population growth in the area, and thus would not affect the ECCFPD services or response time.
The project site is located in a Non-Very High Fire Hazard Severity Zone area and is designated
as a Local Responsibility Area.15 Implementation of the proposed project would not result in the
construction of structures on the project site or increase the site’s overall fire hazard severity.
15 CalFire Contra Costa County Fire Hazard Severity Zone Map, Local Responsibility Area,
http://frap.fire.ca.gov/webdata/maps/contra_costa/fhszl_map.7.pdf, accessed June 1, 2016.
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Therefore, implementation of the proposed project would have no impact on fire protection
services.
a.ii.-v. Implementation of the proposed project would not indirectly or directly increase the population.
Police services are provided by the City of Brentwood Police Department. Channel widening and
restoration activities would not impact existing police services or response time. Further,
implementation of the proposed project would not increase the need for school or park facilities,
or other facilities such as public libraries. There would be no impact.
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5.15 Recreation
5.15.1 Background
The project site is located along Marsh Creek and there are no structures on the project site. Sungold Park
is located adjacent to the west of the Lower Reach. Additionally, a vacant City-owned parcel is located on
the east side of the Upper Reach just south of Central Boulevard. There is a vacant strip of land to the
west between the creek and Central Boulevard owned by the District and City of Brentwood.
5.15.2 Environmental Checklist and Discussion
RECREATION
Would the project…
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No Impact
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?
DISCUSSION:
a., b. Due to the nature of the proposed project, its implementation would not induce population
growth that would increase demand for recreational facilities. There would be no deterioration of
recreational facilities (including the project site) due to implementation of the restoration
activities, rather the creek restoration activities would improve the overall condition of the creek.
The Marsh Creek Trail would be relocated as part of the proposed project in the Middle and
Upper Reaches. The Pulte developer would relocate the trail section in the Lower Reach. The trail
would be in the same general alignment and would be depressed in the area of Central
Boulevard to pass under the roadway. The proposed project would enhance opportunities for
strolling, hiking, and biking along Marsh Creek. Furthermore, the lower 1,600 feet of the project
would be integrated into a new linear city park, which would provide passive recreation
amenities and native landscaping consistent with creek restoration. There would be no impact.
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5.16 Transportation and Traffic
5.16.1 Background
Local access to the creek section is provided from the south via Central Boulevard and from the
north via O’Hara Avenue and Sand Creek Road. SR-4 is located approximately 2.2 miles west of
the project site and provides regional access to the project site.
5.16.3 Environmental Checklist and Discussion
TRANSPORTATION & TRAFFIC
Would the project…
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No Impact
a) Conflict with an applicable plan, ordinance, or
policy establishing measures of effectiveness for
the performance of the circulation system,
taking into account all modes of transportation
including mass transit and non-motorized
travel and relevant components of the
circulation system, including but not limited to
intersections, streets, highways and freeways,
pedestrian and bicycle paths, and mass transit?
b) Conflict with an applicable congestion
management program, including, but not
limited to level of service standards established
by the county congestion management agency
for designated roads and highways?
c) Result in a change in air traffic patterns,
including either an increase in traffic levels or a
change in location that results in substantial
safety risks?
d) Substantially increase hazards due to a design
feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
e) Result in inadequate emergency access?
f) Conflict with adopted policies, plans, or
programs regarding public transit, bicycle, or
pedestrian facilities, or otherwise decrease the
performance or safety of such facilities?
DISCUSSION:
a., b. Implementation of the proposed project would not induce population growth on the project site
or in its vicinity such that new vehicle trips would be generated. In addition, the proposed project
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would not construct any new roads or infrastructure that could support future development.
However, creek widening and restoration activities such as off-hauling of excavated fill material
would require the use of construction haul trucks and would temporarily increase the number of
vehicles accessing the project site. Construction vehicles would access the project site via local
roadways and existing maintenance roads or the regional trail along the creek. However,
construction activities on the Upper and Middle Reaches would involve no more than 2 weeks
for each reach, and the Lower Reach work would at most involve up to 30 days. Due to the small
scale and short duration of the project, project construction would not generate a large number of
vehicle trips. Once construction is completed, the creek section will continue to be maintained by
the District, thereby not increasing vehicle trips for maintenance. In the first few years of project
operation, monitoring of the restoration efforts would add a small number of vehicle trips to the
project site. In addition, due to restoration of riparian vegetation along the creek banks and trail
improvements, the project would improve the experience of the trail users as well as provide
areas where trail users can stop in shade and enjoy the beauty of the creek. This may result in an
increase in visitors to the creek and a resultant increase in vehicular traffic to parking facilities
near Marsh Creek. However this increase would not be substantial compared to existing
conditions. Therefore, the project would not conflict with applicable transportation plans,
congestion management program, policies, or ordinances or result in congestion on Central
Boulevard, O’Hara Avenue, Sand Creek Road, or SR-4. The impact would be less than significant.
c. Implementation of the proposed project would not result in the construction of permanent
structures and would have no effect on air traffic patterns and existing air traffic safety. There
would be no impact.
d.-f. Implementation of the proposed project would not result in the construction of roads or
infrastructure. As mentioned in Section 2.4.6 above, the proposed project would route the
regional trail under an existing road bridge thereby eliminating two dangerous intersections
where the existing trail crosses busy roadways (Dainty Avenue and Central Boulevard). The
proposed project would reduce the gradient of the steep slope between the creek and the trail
and provide a new foot trail and a new pedestrian bridge that would allow additional access for
people to cross the creek within the Middle Reach. Therefore the proposed project would
improve pedestrian walkability and there would be no impact.
The proposed project would not adversely impact the nearby roadways. All creek restoration
activities would take place on the project site. Emergency access to nearby residences as well as
public transit, bicycle, and pedestrian facilities would not be impeded by implementation of the
proposed project. There would be no impact.
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5.17 Utilities and Service Systems
5.17.1 Background
There are no existing buildings on the project site. A City of Brentwood sewer main is located on
the west side of the Upper Reach. For most of the length, the sewer is within the Central
Boulevard right of way. However, a portion of this sewer is located within one of the District’s
parcels where flood control improvements would be constructed. The sewer line is over 15 feet
deep, at least 4 feet below the flow line of the creek. However, the sewer line is below the
maximum depth of excavation and would not be relocated.
Near Sand Creek confluence in the Middle and Lower Reach, the sewer main crosses under the
creek and continues north along the east bank of the Lower Reach. In the Lower Reach, the sewer
line is located within the area that would be excavated to create the easterly floodplain.
5.17.2 Environmental Checklist and Discussion
UTILITIES & SERVICE SYSTEMS
Would the project…
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No Impact
a) Exceed wastewater treatment requirements of
the applicable Regional Water Quality Control
Board?
b) Require or result in the construction of new
water or wastewater treatment facilities or
expansion of existing facilities, the construction
of which could cause significant environmental
effects?
c) Require or result in the construction of new
storm water drainage facilities or expansion of
existing facilities, the construction of which
could cause significant environmental effects?
d) Have sufficient water supplies available to
serve the project from existing entitlements and
resources, or are new or expanded entitlements
needed?
e) 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 providers existing commitments?
f) Be served by a landfill with sufficient permitted
capacity to accommodate the project's solid
waste disposal needs?
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g) Comply with federal, state, and local statutes
and regulations related to solid waste?
DISCUSSION:
a., e. Implementation of the proposed project would not generate any wastewater. Therefore,
implementation of the proposed project would not result in any exceedances of any wastewater
requirements. There would be no impact.
b. The proposed project would not increase demand for water or generate wastewater. It would be
the responsibility of the construction contractor to obtain water that would be used for dust
control during construction activities. The contractor would obtain water from an off-site source
and truck it to the construction sites. Reintroduced native vegetation and proposed trees may
require irrigation for the first few years. Irrigation practices may include the use of Dri-Water
time release gel packs and if necessary, piped water, which would be available from adjacent
subdivisions and city parks. Upon successful establishment, the new vegetation and trees would
rely upon precipitation, storm water runoff from the surrounding areas, and creek inundation.
Implementation of the proposed project would not require irrigated water or generate
wastewater. Therefore, the proposed project would not require the expansion of existing water or
wastewater facilities or construction of a new water or wastewater facility. There would be no
impact.
With respect to the sewer line in the project area, the proposed project would not relocate the
sewer line. In the Lower Reach, minor modifications to sewer manholes may be required to
accommodate changes in ground elevation. In all cases, grading would be performed around
manholes so that potential spills from manholes would initially drain away from Marsh Creek.
c. Implementation of the proposed project would not increase impervious surfaces on the project
site that would generate additional storm water. The existing Marsh Creek Trail is paved. While
that pavement will be removed, the same amount of pavement would be placed to create the
relocated trail. Additionally, pervious pavement is being considered for use on the relocated trail
and if utilized would reduce runoff. Therefore, there would be no impact related to construction
of new storm water facilities to handle project runoff.
d. Implementation of the project activities would not require potable water. There would be no
impact to existing water supplies.
f., g. The proposed project would not create any additional solid waste. There would be no impact to
solid waste facilities or regulations relating to solid waste.
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5.18 Mandatory Findings of Significance
MANDATORY FINDINGS OF SIGNIFICANCE
Would the project…
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No Impact
a) Does the project have the 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, 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?
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 that
will cause substantial adverse effects on human
beings, either directly or indirectly?
DISCUSSION:
a. Please refer to responses under Biological Resources items (a) through (f), and Cultural Resources
items (a) through (e), above. Future development on the project site would not significantly affect
fish or wildlife habitat, nor would it eliminate examples of California history or prehistory. With
the implementation of Mitigation Measures BIO-1 through BIO-4 and Mitigation Measures
CUL-1 and CUL-2, identified above in this Initial Study, all impacts would be reduced to a less
than significant level and the proposed project would not degrade the quality of the
environment. Impacts under this criterion would be less than significant.
b. Implementation of the proposed restoration project would not result in cumulative impacts.
Creek restoration activities would manage flows, restore native vegetation, improve water
quality within Marsh Creek, and improve walkability of the existing Marsh Creek Trail. No
structures are proposed for the project and creek restoration activities would not directly or
indirectly induce population growth. Therefore less than significant cumulative impacts from the
proposed project have been identified.
c. The proposed project would not directly or indirectly cause substantial adverse effects on human
beings. Air emissions and noise from construction activities would be the only impacts through
which the proposed project could have an effect on human beings; however, all construction-
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related air quality and noise impacts would be mitigated to less than significant levels by
implementation of Mitigation Measures AIR-1, AIR-2, and Mitigation Measure NOISE-1 and
would therefore avoid causing substantial adverse effects on human beings. Further, compliance
with Mitigation Measure GEO-1 would ensure a stabilized design for a flood conveyance zone.
For all other resource areas, the proposed project would either have less than significant impacts,
or, impacts that would not affect human beings.
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6. REFERENCES
CalFire. 2009. Contra Costa County Fire Hazard Severity Zone Map, Local Responsibility Area.
http://frap.fire.ca.gov/webdata/maps/contra_costa/fhszl_map.7.pdf. Accessed May 25, 2016.
California Department of Conservation Farmland Mapping and Monitoring Program. 2014. Contra Costa
County ftp://ftp.consrv.ca.gov/pub/dlrp/FMMP/pdf/2014/con14.pdf .
California Department of Conservation. 2014. The Land Conservation Act Maps.
http://www.conservation.ca.gov/dlrp/lca/Pages/Index.aspx
City of Brentwood. 2014a. City of Brentwood General Plan 2020 Draft EIR. April.
City of Brentwood. 2014b. Palmilla Initial Study/Mitigated Negative Declaration Prepared by Raney
Planning & Management. March.
ENGEO. 2015. Geotechnical Exploration Three Creeks Parkway Restoration Project, Brentwood. May 15.
Federal Emergency Management Agency (FEMA). 2016. National Flood Hazard ArcGIS Layer, Accessed
May 25, 2016.
Governor’s Office of Planning and Research (OPR). Technical Advisory- CEQA and Climate Change:
Addressing Climate Change through California Environmental Quality Act (CEQA) Review, June 19,
2008. http://opr.ca.gov/docs/june08-ceqa.pdf. Accessed May 30, 2016.
Intergovernmental Panel on Climate Change (IPCC). 2007. Climate Change 2007: The Physical Science
Basis, Summary for Policymakers. https://www.ipcc.ch/pdf/assessment-report/ar4/wg1/ar4-wg1-
spm.pdf. Accessed May 30, 2016.
Impact Sciences, Inc. 2016. CalEEmod Emissions Modeling for the Three Creeks Parkway Restoratio n
Project. June.
USEPA. 2014. Causes of Climate Change. http://www.epa.gov/climatechange/science/causes.html. March
18. Accessed May 30, 2016.
Wood Biological Consulting. 2016. Biological Resource Assessment for the Three Creeks Restoration
Project at Marsh Creek. February 9, as revised June 9.
WSA. 2016. Cultural Resources Assessment Report Three Creeks Parkway Restoration Project,
Brentwood. May.
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CCCFDWCD 82 Three Creeks Parkway Restoration Project Initial Study/MND
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7. REPORT PREPARERS
Impact Sciences, Inc.
Shabnam Barati, Managing Principal
Angela Pan, Project Planner
8. TECHNICAL CONSULTANTS
ENGEO
Jennifer R. Botelho, CEG
Paul C. Guerin, GE
Wood Biological Consulting
Mike Wood, Principal
WSA
James Allan, Principal Investigator
Illingworth & Rodkin
James Reyff, Principal (Peer review/air quality analysis)
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No.: 16-39 1 Three Creeks Parkway Restoration Project Initial Study/MND
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MITIGATION MONITORING AND
REPORTING PROGRAM
The California Environmental Quality Act (CEQA) requires that a Lead Agency establish a program to
monitor and report on mitigation measures adopted as part of the environmental review process to avoid
or reduce the severity and magnitude of potentially significant environmental impacts associated with
project implementation. CEQA (Public Resources Code Section 21081.6 (a) (1)) requires that a Mitigation
Monitoring and Reporting Program (MMRP) be adopted at the time that the public agency determines to
approve a project for which an EIR or a Negative Declaration (ND) has been prepared, to ensure that
mitigation measures identified in the EIR or ND are fully implemented.
The MMRP for the Three Creeks Parkway Restoration project is presented in Table 4.0-1, Mitigation and
Monitoring Reporting Program. Table 4.0-1 includes the full text of project-specific mitigation measures
identified in the Initial Study/Mitigated Negative Declaration. The MMRP describes implementation and
monitoring procedures, responsibilities, and timing for each mitigation measure, including:
Number: Identifies the number of the mitigation measure.
Mitigation Measure: Provides full text of the mitigation measure as provided in the final Initial
Study/Mitigated Negative Declaration.
Monitoring/Reporting Action(s): Designates responsibility for implementation of the mitigation measure
and when appropriate, summarizes the steps to be taken to implement the measure.
Mitigation Timing: Identifies the stage of the project during which the mitigation action will be taken.
Monitoring Schedule: Specifies procedures for documenting and reporting mitigation implementation.
The Contra Cost County Flood Control and Water Conservation District and American Rivers may
modify the means by which a mitigation measure will be implemented, as long as the alternative means
ensure compliance during project implementation. The responsibilities of mitigation implementation,
monitoring, and reporting extend to several district departments and offices. The manager or department
lead of the identified unit or department will be directly responsible for ensuring the responsible party
complies with the mitigation. The Contra Costa County Flood Control and Water Conservation District is
responsible for the overall administration of the program and for assisting relevant departments and
project managers in their oversight and reporting responsibilities. The Contra Costa County Flood
Control and Water Conservation District is also responsible for ensuring the relevant parties understand
their charge and complete the required procedures accurately and on schedule.
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Table 1
Mitigation Monitoring and Reporting Program
Number Mitigation Measure
Monitoring/Reporting
Action(s)
Mitigation
Timing
Monitoring
Schedule
AIR QUALITY
AIR-1: The construction contractor(s) shall implement the following BMPs
during project construction:
• All exposed surfaces (e.g., parking areas, staging areas, soil
stockpiles, graded areas, and unpaved access roads) shall be
watered two times per day.
• All haul trucks transporting soil, sand, or other loose material off-
site shall be covered.
• All visible mud or dirt track-out onto adjacent public roads shall be
removed using wet power vacuum street sweepers at least once per
day. The use of dry power sweeping is prohibited.
• All vehicle speeds on unpaved roads shall be limited to 15 mph.
• All roadways, driveways, and sidewalks to be paved shall be
completed as soon as possible and feasible.
• Idling times shall be minimized either by shutting equipment off
when not in use or reducing the maximum idling time to five
minutes (as required by the California airborne toxics control
measure Title 13, Section 2485 of California Code of Regulations
[CCR]). Clear signage shall be provided for construction workers at
all access points.
• All construction equipment shall be maintained and properly tuned
in accordance with manufacturer’s specifications. All equipment
shall be checked by a certified mechanic and determined to be
Contra Costa County
Flood Control and Water
Conservation District
Include in construction
contract(s)
Monitor
compliance
during
construction
Confirm and
document during
construction
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running in proper condition prior to operation.
• Post a publicly visible sign with the telephone number and person
to contact at the Lead Agency regarding dust complaints. This
person shall respond and take corrective action within 48 hours. The
Air District’s phone number shall also be visible to ensure
compliance with applicable regulations.
AIR-2: All diesel-powered off-road equipment larger than 50 horsepower and
operating on the site for more than two days continuously during the
duration of construction shall, at a minimum, meet U.S. EPA emissions
standards for Tier 2 engines or equivalent.
Contra Costa County
Flood Control and Water
Conservation District
Include requirement in
construction contract(s)
During
construction
Confirm and
document during
construction
BIOLOGICAL RESOURCES
BIO-1: To avoid and minimize impacts to California red-legged frog, Pacific
(Western) pond turtle, and silvery legless lizard during construction
activities, the project will implement the following measures:
1. Coverage under the HCP/NCCP. The project proponent shall
apply for coverage under the HCP/NCCP. Participation in the
HCP/NCCP, including implementation of appropriate avoidance
and minimization measures and payment of applicable fees
would provide the project proponent with incidental take
coverage for California red-legged frog, Pacific (Western) pond
turtle, and silvery legless lizard.
2. Seasonal Avoidance. If required by the Streambed Alteration
Agreement or Water Quality Certification, work shall be limited
to the dry season, from April 15 to October 15.
3. Minimize Nighttime Work. If required by the Streambed
Alteration Agreement or Water Quality Certification, nighttime
construction shall be restricted to avoid effects on nocturnally
active species such as California red-legged frog.
Contra Costa County
Flood Control and Water
Conservation District
File application, obtain
HCP/NCCP coverage, and
implement measures by
including them in the
construction contract(s)
Prior to start
and during
construction
Confirm and
document during
construction
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4. Environmental Awareness Program. Prior to the commencement
of construction activities, a qualified biologist shall present an
environmental awareness program to all construction personnel
working on site. At a minimum the training should include a
description of special-status species that could be encountered,
their habitats, regulatory status, protective measures, work
boundaries, lines of communication, reporting requirements,
and the implications of violations of applicable laws.
5. Wildlife Exclusion Fencing. Prior to the start of construction,
wildlife exclusion fencing (WEF) shall be installed as warranted
and consistent with the HCP/NCCP to isolate the work area
from any habitats potentially supporting special-status animals
or through which such species may move. The final project plans
shall indicate where and how the WEF is to be installed. The bid
solicitation package special provisions shall provide further
instructions to the contractor about acceptable fencing locations
and materials. The fencing shall remain throughout the duration
of the work activities, be regularly inspected and properly
maintained by the contractor. Fencing and stakes shall be
completely removed following project completion.
6. Best Management Practices (BMPs). Prior to the initiation of
work, BMPs shall be in place to prevent the release of any
pollutants or sediment into the creek, storm drains, or
tributaries; all BMPs shall be properly maintained. Leaks, drips,
and spills of hydraulic fluid, oil, or fuel from construction
equipment shall be promptly cleaned up to prevent
contamination of water ways. All workers shall be properly
trained regarding the importance of preventing and cleaning up
spills of contaminants. Protective measures should include, at a
minimum: No discharge of pollutants from vehicle and
equipment cleaning should be allowed into any storm drains or
watercourses.
a. Spill containment kits should be maintained onsite at
all times during construction operations and/or
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staging or fueling of equipment.
b. Coir rolls or straw wattles should be installed along or
at the base of slopes during construction to capture
sediment.
7. Erosion Control. Graded areas shall be protected from erosion
using a combination of silt fences, fiber rolls along toes of slopes
or along edges of designated staging areas, and erosion control
netting (such as jute or coir) as appropriate on sloped areas.
8. Construction Site Restrictions. The following site restrictions
shall be implemented to avoid adversely affecting sensitive
habitats and harm or harassment to listed species:
a. Any fill material shall be certified to be non-toxic and
weed free.
b. All food and food-related trash items shall be enclosed
in sealed trash containers and removed completely
from the site at the end of each day.
c. No pets from project personnel shall be allowed
anywhere in the project site during construction.
d. No firearms shall be allowed on the project site except
for those carried by authorized security personnel, or
local, State or Federal law enforcement officials.
e. All equipment shall be maintained such that there are
no leaks of automotive fluids such as gasoline, oils or
solvents and a Spill Response Plan shall be prepared.
Hazardous materials such as fuels, oils, solvents, etc.
shall be stored in sealable containers in a designated
location that is isolated from wetlands and aquatic
habitats.
f. Servicing of vehicles and construction equipment
including fueling, cleaning, and maintenance should
occur only at sites isolated from any aquatic habitat
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unless separated by topographic or drainage barrier or
unless it is an already existing gas station. Staging
areas may occur closer to the project activities as
required.
9. Proper Use of Erosion Control Devices. Plastic mono-filament
netting (e.g., that used with erosion control matting) or similar
material shall not be used within the project area; wildlife can
become entangled or trapped in such non-biodegradable
materials. Acceptable substitutes include coconut coir matting,
tackified hydroseeding, blown straw, or other organic mulching
material.
10. Protocol for Species Observation – Pacific (Western) pond turtle
and silvery legless lizard. If a Pacific (Western) pond turtle or
silvery legless lizard is encountered in the project site, work in
the area of the finding must cease immediately until the animal
either moves out of harm’s way of its own accord or is safely
relocated well upstream or downstream of the project site. Only
a qualified biologist with a scientific collection permit issued by
the CDFW may handle and relocate Pacific (Western) pond
turtle or silvery legless lizard. Any sightings and relocation of
Pacific (Western) pond turtle and silvery legless lizard should be
reported to the CDFW and the CNDDB.
BIO-2: To minimize and avoid impacts to Chinook salmon and steelhead, the
following measures will be implemented:
1. Seasonal Avoidance. In-stream work shall be limited to June 1
to October 31.
2. In-Stream Activities: If in-stream construction or dewatering is
required, the following precautionary measures should be
implemented:
a. A preconstruction survey of the aquatic environment
Contra Costa County
Flood Control and Water
Conservation District
Retain qualified biologist
to implement the
measures.
Prior to start
and during
construction
Confirm and
document during
construction
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shall be performed by a qualified biologist.
b. A qualified biologist shall present an environmental
awareness program working on site.
c. A qualified biologist should monitor all in-stream
activities.
d. If dewatering is proposed, a qualified biologist should
monitor the installation of coffer dams. During
dewatering, a qualified biologist should check for
stranded aquatic wildlife. Dewatering pumps must be
fitted with intake screens with a mesh no greater than
5 mm (0.2 in) and BMPs will be installed to minimize
sediment transport during installation of coffer dams.
e. Native species (non-special-status fish species) should
be relocated upstream or downstream of the
cofferdams by a permitted biologist. Non-native
species should be euthanized in accordance with the
guidance of the CDFW. All wildlife encounters should
be documented and reported to the CDFW. If listed
salmonids are present, the NMFS shall be consulted to
determine the appropriate measures to ensure
conformance with ESA.
BIO-3: In order to avoid impacts to nesting Swainson’s hawk, white-tailed kite,
burrowing owl, loggerhead shrike, and other bird species protected
under the MBTA and CFGC during project implementation, the
measures outlined below shall be implemented.
1. Environmental Awareness Program. Prior to the
commencement of construction activities, a qualified biologist
shall present an environmental awareness program to all
construction personnel working on site. At a minimum the
training shall include a description of special-status species that
could be encountered, their habitats, regulatory status,
Contra Costa County
Flood Control and Water
Conservation District
Retain qualified biologist
to implement the
measures.
Prior to start
and during
construction
Confirm and
document during
construction
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protective measures, work boundaries, lines of communication,
reporting requirements, and the implications of violations of
applicable laws.
2. Swainson’s hawk is a federally listed threatened species and is
covered under the HCP/NCCP. Nonetheless, every effort
should be made to ensure that no take of Swainson’s hawk
occurs. Therefore, the measures outlined below should be
implemented.
a. The project proponent should apply for coverage
under the HCP/NCCP. Participation in the
HCP/NCCP would provide the applicant with
incidental take coverage for Swainson’s hawk and
satisfy any requirements for mitigation for loss of
habitat.
b. Prior to any ground disturbance during the nesting
season (March 15-September 15), a qualified biologist
shall conduct a preconstruction survey no more than
one month prior to construction to determine if there
are any active Swainson’s hawk nests within 305
meters (1,000 feet) of the project site.
c. If there are no occupied nests within this buffer, no
further action is needed.
d. If an active nest is present within this buffer, the
measures outlined below shall be followed.
• Construction activities are not permitted within
305 meters (1,000 feet) of an occupied nest to
prevent nest abandonment. However, if site-
specific conditions or the nature of the activity
warrant a small buffer, a qualified biologist
should coordinate with CDFW and USFWS to
determine the appropriate buffer size.
• Construction activities may proceed prior to
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September 15 if the young Swainson’s hawks
have fledged, as determined by a qualified
biologist.
3. White-tailed kite is a state-listed fully protected species; it is not
covered under the HCP/NCCP and incidental take of the
species is not allowed. To ensure that no take of white-tailed
kite or other migratory raptors occurs, the measures outlined
below shall be implemented.
a. Prior to any ground disturbance during the nesting
season (February 1-August 31), a qualified biologist
shall conduct a preconstruction survey no more than
two weeks prior to construction to determine if there
are any active nests of white-tailed kite or other
migratory raptors within 76 meters (250 feet) of the
project site.
b. Prior to the removal or significant pruning of any
trees, they shall be inspected by a qualified biologist
for the presence of raptor nests. This is required
during both the breeding season and non-breeding
season. If a suspected raptor nest is discovered, the
CDFW shall be notified. Pursuant to CFGC Section
3503.5, raptor nests, whether or not they are occupied,
may not be removed until approval is granted by the
CDFW.
c. If there are no occupied nests within this buffer, no
further action is needed.
d. If an active nest is present within this buffer, the
measures outlined below shall be implemented.
• Construction activities are not permitted within
76 meter (250 feet) of an occupied nest to prevent
nest abandonment. However, if site-specific
conditions or the nature of the activity warrant a
small buffer, a qualified biologist should
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coordinate with the CDFW and/or USFWS to
determine the appropriate buffer size. Nest
monitoring may be warranted for activities that
would occur within a smaller buffer.
• Construction activities may proceed prior to
August 31 if the young white-tailed kites or other
raptor species have fledged, as determined by a
qualified biologist.
4. Burrowing owl is a State species of special concern and a
covered species under the HCP/NCCP. To ensure that no take
of burrowing owl occurs, the measures outlined below shall be
implemented.
a. Prior to any ground disturbance during the nesting
season (February 1-August 31), a CDFW-approved
biologist shall conduct a preconstruction survey of all
suitable burrowing owl habitat that would be affected
by the project. The survey shall be performed no more
than 30 days prior to construction to determine if there
are any active nests of burrowing owl within 153 m
(500 ft) of the project site, access permitting.
b. If there are no occupied nests within this buffer, no
further action is needed.
c. If an active nest is present within this buffer, the
measures outlined below shall be implemented.
• If an occupied burrowing owl nest site is present
within the limits of work, construction may not
proceed. The taking of burrowing owls or
occupied nests is prohibited under CFGC. Nest
sites must be flagged and protected by a
designated disturbance-free buffer zone of at least
76 meters (250 feet).
• Construction activities are not permitted within
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76 meters (250 feet) of an occupied nest to prevent
nest abandonment.
• Construction may proceed if a qualified biologist
monitors the nest and determines that the adults
have not begun egg-laying and incubation or that
the juveniles have fledged.
• Burrowing owls may be passively excluded from
occupied burrows outside of the breeding season
(i.e., September 1-January 31), in consultation
with the CDFW. All owls should be passively
excluded from burrows within 49 meters (160
feet) of the work site. Passive exclusion is
achieved by installing one-way doors in the
burrow entrances. Doors should be in place for at
least 48 hours and the site should be monitored
daily for at least one week to confirm that the
burrow has been abandoned.
5. Loggerhead shrike is a state species of special concern; it is not
covered under the HCP/NCCP and incidental take of the
species is not allowed. To ensure that no take of loggerhead
shrike or any other migratory passerines occurs, the measures
outlined below shall be implemented.
a. If ground-disturbing activities (i.e., site clearing,
disking, grading, etc.) can be performed outside of
the nesting season (i.e., between September 1 and
January 31), no additional surveys are warranted.
b. Prior to any ground disturbance during the nesting
season (February 1-August 31), a qualified biologist
should conduct a preconstruction survey no more
than two weeks prior to construction to determine if
there are any active nests of loggerhead shrike or any
other migratory passerines nests within 30 meters
(100 feet) of the project site.
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c. If there are no occupied nests within this buffer, no
further action is needed.
d. If an active nest is present within this buffer, the
following measures shall be implemented.
• Construction activities are not permitted within
30 meters (100 feet) of an occupied nest to prevent
nest abandonment. However, if site-specific
conditions or the nature of the activity warrant a
smaller buffer, a qualified biologist should
coordinate with the CDFW and USFWS to
determine the appropriate buffer size. Nest
monitoring may be warranted for activities that
would occur within a smaller buffer.
• Construction activities may proceed prior to
August 31 if the young birds have fledged, as
determined by a qualified biologist.
BIO-4: In order to avoid, minimize and compensate for unavoidable impacts on
waters of the U.S./waters of the State, the measures outlined below shall
be implemented.
1. Impacts on waters of the U.S. will be avoided by restricting
grading to an elevation above the OHWM; avoidance of
impacts to waters of the State is not feasible. Long-term
impacts shall be minimized by limiting the use of hardened
structures (e.g., grouted riprap) in preference of bio-
engineering solutions as much as is practicable. Surface water
connections must not be permanently blocked or interrupted
and the installation of drop-structures or other features that
create barriers to wildlife movement shall be avoided.
2. Prior to construction, the project proponent will need to
secure authorization from the USACE, RWQCB, and CDFW
in conformance to the Clean Water Act and Lake and
Streambed Alteration Program.
Contra Costa County
Flood Control and Water
Conservation District
Obtain permits; obtain
coverage under
HCP/NCCP; include
BMPs in construction
contract (s)
Prior to start
and during
construction
Confirm and
document during
construction
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3. Participation in the HCP/NCCP is expected to satisfy the
requirements of the regulatory agencies for compensatory
mitigation for unavoidable impacts on stream channels,
wetlands and riparian habitat. A Planning Survey Report shall
be completed and submitted to the East Contra Costa County
Habitat Conservancy. The submittal shall include detailed
drawings illustrating all temporary and permanent impacts.
4. Per the terms of the adopted HCP/NCCP, a wetland
mitigation fee or on-site habitat restoration will mitigate the
impacts. If accepted by the regulatory agencies, no additional
mitigation for wetland impacts is typically required.
HCP/NCCP fee payment will occur at project contract award.
5. For all work within and adjacent to the stream channel and
riparian habitat, best management practices (BMPs) must be
incorporated into the project design to minimize
environmental effects. These include the following:
• Construction in the active channels shall be
restricted to the dry season (April 15-October 15).
• Personnel conducting ground-disturbing
activities within or adjacent to the buffer zone of
wetlands, ponds, streams, or riparian
woodland/scrub shall be trained by a qualified
biologist in these avoidance and minimization
measures and the permit obligations.
• If dewatering is necessary, water released
downstream of work areas must be as clean or
cleaner than flows entering the work area.
Sediment-laden water shall be either pumped
onto upland sites for infiltration or into Baker
tanks for settling, prior to being released back into
the channel. Coffer dams shall consist of clean,
silt-free sand or gravel in sand bags, or a
comparable material. All coffer dam materials
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must be promptly removed when no longer
needed.
• High visibility temporary construction fencing
should be erected between the outer edge of the
limits of construction and adjacent streams or
habitats to be preserved. Temporary construction
fencing will be removed upon the completion of
work.
• Grading or construction near channels shall be
isolated with silt fencing or other BMPs to prevent
sedimentation. BMPs shall be regularly inspected.
• Vehicles and equipment shall be parked on
existing roads or previously disturbed areas.
• Equipment working in channels must be in good
working order and free of leaks of fuel, oil, and
hydraulic fluids. Drip pans shall be placed under
vehicles and equipment over waterways and spill
clean-up materials should be kept onsite at a
convenient location.
• Equipment maintenance and refueling shall be
performed well away from the top of bank of any
channel; storm drain inlets shall be protected
from an accidental release of contaminants.
• Concrete washings or other contaminants must
not be permitted to enter the stream channel or
any storm drain inlet.
• Any concrete structures or cured-in-place pipe
linings shall be allowed to cure before coming in
contact with surface flows.
• Construction debris and materials shall be
stockpiled away from watercourses.
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• Appropriate erosion-control measures (e.g.,
coconut coir matting, tackified hydroseeding,
blown straw or other organic mulching material)
shall be used on site to reduce siltation and runoff
of contaminants into wetlands, ponds, streams, or
riparian woodland/scrub. Plastic mono-filament
netting (e.g., that used with erosion control
matting) or similar material should not be used
within the action area; wildlife can become
entangled or trapped such non-biodegradable
materials. Erosion-control measures shall be
placed between the outer edge of the buffer and
the project site.
• Fiber rolls used for erosion control shall be
certified as free of noxious weed seed.
• Construction staging areas past the channel banks
must be located away from any wetlands or other
sensitive habitats as identified by a qualified
biologist.
• Newly graded earthen channel slopes shall be
revegetated with a native seed mix developed by
a qualified restorationist. Seed mixtures applied
for erosion control shall not contain invasive
nonnative species, and be composed of native
species or sterile nonnative species. Straw or
mulch shall also be applied to all bare surfaces.
The seed mix and mulch shall be applied prior to
the onset of the first winter-season rains.
• Herbicide shall not be applied within 30 meters
(100 feet) of wetlands, ponds, streams, or riparian
habitat. However, where appropriate to control
serious invasive plants, herbicides that have been
approved by the U.S. EPA for use in or adjacent to
aquatic habitats may be used as long as label
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instructions are followed and applications avoid
or minimize impacts on covered species and their
habitats. In seasonal or intermittent stream or
wetland environments, appropriate herbicides
may be applied during the dry season to control
nonnative invasive species. Herbicide drift should
be minimized by applying the herbicide as close
to the target area as possible and by avoiding
applying during windy days.
• Additional measures may be outlined in the
conditions of the permits issued by the USACE,
RWQCB, CDFW, and the Habitat Conservancy.
All permit conditions must be conformed to.
CULTURAL RESOURCES
CUL-1: • Crew training, initial monitoring by a qualified archaeologist to
determine an appropriate level of monitoring for the duration of the
project, and additional spot checks pending the results of the initial
monitoring shall be conducted prior to and during ground
disturbing activities.
• A qualified archaeologist shall be present on the project site to
monitor ground disturbing activities and inspect excavated soils to
identify any cultural resources and human remains as deemed
appropriate by the qualified archaeologist.
• All construction crew workers shall attend a training session led by
a qualified archaeologist that discusses (1) the reasons for
archaeological resource monitoring; (2) regulatory policies
protecting resources and human remains; (3) basic identification of
archaeological resources; and (4) the protocol to follow in case of a
discovery of such resources.
• In accordance with CEQA Guideline §15064.5 (f), should any
previously unknown historic or prehistoric resources, including but
Contra Costa County
Flood Control and Water
Conservation District
Retain qualified
archaeologist to
implement identified
measures; also include in
construction contract(s)
Prior to start
and during
construction
Confirm and
document during
construction
CCCFDWCD
No.: 16-39 17 Three Creeks Parkway Restoration Project Initial Study/MND
August 2016
Number Mitigation Measure
Monitoring/Reporting
Action(s)
Mitigation
Timing
Monitoring
Schedule
not limited to charcoal, obsidian or chert flakes, grinding bowls,
shell fragments, bone, pockets of dark, friable soils, glass, metal,
ceramics, wood, privies, trash deposits or similar debris, be
discovered during ground disturbing activities, work within 25 feet
of these materials should be stopped until a qualified professional
archaeologist has an opportunity to evaluate the potential
significance of the find and to consult with the lead agency about
what appropriate mitigation would be appropriate to protect the
resource.
• In the event that human remains, or possible human remains, are
encountered during project-related ground disturbance, in any
location other than a dedicated cemetery, there shall be no further
excavation or disturbance of the site or any nearby area reasonably
suspected to overlie adjacent remains until the coroner of the county
in which the human remains are discovered has determined, that
the remains are not subject to the provisions of Section 27492 of the
Government Code or any other related provisions of law concerning
investigation of the circumstances, manner and cause of death, and
the recommendations concerning treatment and disposition of the
human remains have been made to the person responsible for the
excavation, or to his or her authorized representative, in the manner
provided in Section 5097.98 of the Public Resources Code.
• The County Coroner, upon recognizing the remains as being of
Native American origin, is responsible to contact the NAHC within
24 hours. The Commission has various powers and duties,
including the appointment of a Most Likely Descendant (MLD) to
the project. The MLD, or in lieu of the MLD, the NAHC, has the
responsibility to provide guidance as to the ultimate disposition of
any Native American remains.
CUL-2: Prior to project construction, construction personnel shall be informed of
the potential for encountering significant paleontological resources. All
construction personnel shall be informed of the need to stop work in the
Contra Costa County
Flood Control and Water
Conservation District
Prior to start of
construction
Confirm and
document during
construction
CCCFDWCD
No.: 16-39 18 Three Creeks Parkway Restoration Project Initial Study/MND
August 2016
Number Mitigation Measure
Monitoring/Reporting
Action(s)
Mitigation
Timing
Monitoring
Schedule
vicinity of a potential discovery until a qualified paleontologist has been
provided the opportunity to assess the significance of the find and
implement appropriate measures to protect or scientifically remove the
find. Construction personnel shall also be informed of the requirements
that unauthorized collection resources are prohibited.
Include in construction
contract(s)
GEOLOGY AND SOILS
GEO-1 The proposed project shall comply with all recommendations specified
in Section 3.3 of the May 2015 Geotechnical Report prepared by ENGEO.
Contra Costa County
Flood Control and Water
Conservation District
Follow recommendations
of geotechnical report
During project
design, prior to
start of
excavation, and
during
construction
Document
compliance upon
completion of
construction
NOISE
NOISE-1 The project contractor shall ensure that construction activities shall be
limited to the hours set forth in Brentwood Municipal Code Section
9.32.050, as follows:
Outside Heavy Construction: Monday-Friday 8:00 AM to 5:00 PM
Saturday 9:00 AM to 4:00 PM
Contra Costa County
Flood Control and Water
Conservation District
Include in construction
contract(s)
During
construction
Document
compliance
during
construction
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT
THREE CREEKS PARKWAY RESTORATION PROJECT (SCH# 2016082008)
COUNTY FLOOD CONTROL DISTRICT #7562-6D8176; COUNTY CEQA FILE #: CP 16-39
APPENDIX B
Response to Comments
on the
Initial Study/Mitigated Negative Declaration
for the
Three Creeks Parkway Restoration Project
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT
THREE CREEKS PARKWAY RESTORATION PROJECT (SCH# 2016082008)
COUNTY FLOOD CONTROL DISTRICT #7562-6D8176; COUNTY CEQA FILE #: CP 16-39
LIST OF COMMENT LETTERS
1. Contra Costa Health Services (August 4, 2016)
2. Ann Kennedy (August 12, 2016)
3. East Contra Costa County Habitat Conservancy (August 15, 2016)
4. Central Valley Regional Water Quality Control Board (August 25, 2016)
5. Delta Stewardship Council (August 30, 2016)
6. East Bay Regional Park District (September 1, 2016)
7. Chevron (September 1, 2016)
8. City of Brentwood Public Works Department (September 2, 2016)
9. Governor’s Office of Planning and Research (State Clearinghouse) (September 2,
2016)
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT
THREE CREEKS PARKWAY RESTORATION PROJECT (SCH# 2016082008)
COUNTY FLOOD CONTROL DISTRICT #7562-6D8176; COUNTY CEQA FILE #: CP 16-39
COMMENT LETTER #1. CONTRA COSTA HEALTH SERVICES (August 4, 2016)
Comment 1-1: Contra Costa Health Services notes that permits will be required for
well or soil boring activities prior to commencing drilling activities and abandoned wells
and septic tanks must be destroyed under permit.
Response: Comments have been noted and forwarded to the project design team. No
further response is necessary.
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT
THREE CREEKS PARKWAY RESTORATION PROJECT (SCH# 2016082008)
COUNTY FLOOD CONTROL DISTRICT #7562-6D8176; COUNTY CEQA FILE #: CP 16-39
COMMENT LETTER #2. ANN KENNEDY (August 12, 2016)
Comment 2-1: Ms. Kennedy notes that she lives next to Marsh Creek between Deer
Creek and Sand Creek and endorses the restoration project and offers citizen volunteers
if needed; also suggested to plant milkweed for the monarch butterflies.
Response: Letter in support of this project is acknowledged. Plant suggestion has
been noted and forwarded to the project design team for consideration. No further
response is necessary.
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT
THREE CREEKS PARKWAY RESTORATION PROJECT (SCH# 2016082008)
COUNTY FLOOD CONTROL DISTRICT #7562-6D8176; COUNTY CEQA FILE #: CP 16-39
COMMENT LETTER #3. EAST CONTRA COSTA COUNTY HABITAT
CONSERVANCY (August 15, 2016)
Comment 3-1: The East Contra Costa County Habitat Conservancy notes that the
East Contra Costa County HCP/NCCP take coverage should be listed in Section 2.7
Permits and Approvals Required and pointed out that the East Contra Costa County
Habitat Conservancy is first abbreviated as ECCCHC on page 4 but then called out
differently on page 34 (as the Conservancy) and 37 (as the Habitat Conservancy).
Response: Comments noted and included in this CEQA record for the final IS/MND. No
further response is necessary.
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT
THREE CREEKS PARKWAY RESTORATION PROJECT (SCH# 2016082008)
COUNTY FLOOD CONTROL DISTRICT #7562-6D8176; COUNTY CEQA FILE #: CP 16-39
COMMENT LETTER #4. CENTRAL VALLEY REGIONAL WATER QUALTY
CONTROL BOARD (August 25, 2016)
Comment 4-1: The Central Valley Regional Water Quality Control Board (Central
Valley Water Board) states that their agency is delegated with the responsibility of
protecting the quality of surface and ground waters of the state and as such their
comments will address concerns surrounding those issues. The Central Valley Water
Board is required to formulate and adopt Basin Plans for all areas within the Central
Valley region under Section 13240 of the Porter-Cologne Water Quality Control Act
which requires each Basin Plan contain water quality objectives to ensure reasonable
protection of beneficial uses as well as a program of implementation for achieving water
quality objectives. The Central Valley Water Board further notes that all wastewater
discharges must comply with the Antidegradation Policy contained in the Basin Plan.
The Central Valley Water Board offers links for more information.
Response: Comments noted. No further response is necessary.
Comment 4-2: The Central Valley Water Board notes various permits that may be
required for the project if applicable (Construction Storm Water General Permit, Phase I
and II Municipal Separate Storm Sewer System (MS4) Permits, Industrial Storm Water
General Permit, Clean Water Action Section 404 Permit, Clean Water Act Section 401
Permit – Water Quality Certification, Waste Discharge Requirements – Discharges to
Waters of the State, Dewatering Permit, Regulatory Compliance for Commercially
Irrigated Agriculture, Low or Limited Threat General National Discharge Elimination
System (NPDES) Permit, NPDES Permit).
Response: As noted in Section 2.7 “Permits and Approvals Required” the project will
require a Clean Water Act Section 404 permit from the U.S. Army Corps of Engineers
and Section 401 permit - Water Quality Certification from the Central Valley Water
Board, and Section 2.9 “Hydrology and Water Quality” notes that a NPDES General
Permit for Storm Water Discharges Associated with Construction and Land Disturbances
will be obtained. Other permits noted will be considered and obtained if applicable to
the project.
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT
THREE CREEKS PARKWAY RESTORATION PROJECT (SCH# 2016082008)
COUNTY FLOOD CONTROL DISTRICT #7562-6D8176; COUNTY CEQA FILE #: CP 16-39
COMMENT LETTER #5. DELTA STEWARDSHIP COUNCIL (August 30, 2016)
Comment 5-1: Delta Plan Policies: Delta Stewardship Council (Council) notes that
the Delta Plan includes 14 regulatory policies that are applicable to all covered actions
and provides a few key regulatory policies that may be applicable to the project and
provides staff contact information for guidance.
Response: The project proponents will consult with the Council to ensure the project is
consistent with the Delta Plan regulatory policies as applicable to the project.
Comment 5-2: Best Available Science and Adaptive Management: Delta Plan
Policy G P1 “Detailed Findings to Establish Consistency with the Delta Plan” calls for
covered actions to document use of best available science which should be consistent
with criteria listed in Appendix 1A “Best Available Science” of the Delta Plan regulations
such as relevance, inclusiveness, and objectivity.
Delta Plan Policy G P1 also calls for ecosystem restoration projects to include adequate
provisions for continued implementation of adaptive management, appropriate to the
scope of the action; this requirement can be satisfied through development of an
adaptive management plan that is consistent with the framework described in Appendix
1B “Adaptive Management” of the Delta Plan along with documentation of adequate
resources to implement the proposed adaptive management process.
The Council provided the Delta Science Program contact information for consultation to
assist in document preparation for use of best available science and adaptive
management.
Response: The project will ensure consistency with Delta Plan Policy G P1 as well as
implement the Best Available Science criteria listed in Table 1A-1 of Appendix 1A
(Relevance, Inclusiveness, Objectivity, Transparency and Openness, Timeliness, Peer
Review) and an Adaptive Management plan described in Appendix 1B which provides a
framework to plan, implement, evaluate and respond as applicable to the project.
Comment 5-3: Mitigation Measures: Delta Plan Policy GP 1 also requires that
actions not exempt from CEQA and subject to Delta Plan regulations must include
applicable feasible mitigation measures consistent with those identified in the Delta Plan
Program Environmental Impact Report (PEIR) or substitute mitigation measures that
are equally or more effective. The Council also notes that the Delta Plan Mitigation and
Monitoring Reporting Program (MMRP) should be used to ensure compliance with the
Delta Plan mitigation measures and provided a link to the document.
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT
THREE CREEKS PARKWAY RESTORATION PROJECT (SCH# 2016082008)
COUNTY FLOOD CONTROL DISTRICT #7562-6D8176; COUNTY CEQA FILE #: CP 16-39
Response: Comments noted. The Delta Plan PEIR MMRP was reviewed and
determined that the project MMRP is consistent with the Delta Plan PEIR MMRP as
applicable to the project. Nevertheless, the Delta Plan PEIR will be referenced should
other applicable mitigation measures become warranted that is not already included in
the project MMRP.
Comment 5-4: Habitat Restoration: The Council notes that Delta Plan Policy ER P2
“Restore Habitats at Appropriate Elevations” states that habitat restoration must occur
at appropriate elevations and be consistent with Appendix 3 “Habitat Restoration” of the
Delta Plan regulations, which is an excerpt from the 2011 Draft Ecosystem Restoration
Program Conservation Strategy. Appendix 3 describes many ecosystem benefits related
to restoring floodplains, however it cautions that such restoration should include
investigation and implementation of Best Management Practices (BMPs) to control
methylmercury production and transport since periodic wetting and drying makes these
areas prone to methylation of mercury. Marsh Creek is currently cited as exceeding
water quality standards for mercury on the Central Valley Regional Water Quality
Control Board’s 303(d) list of impaired water bodies, making management of mercury
issues relevant to the Parkway Project. The Council recommends that the MND
specifically address the potential impact of the project to contribute to methylation of
legacy mercury in the Marsh Creek watershed and explain how the project either is
designed to minimize this impact or includes appropriate mercury related BMPs.
Response: Comments noted. Marsh Creek is listed as impaired for mercury due to an
abandoned mercury mine in the upper watershed, but bio-sentinel and chemical
surveys over the last two decades have found relatively low levels of mercury and
methylmercury in the watershed below Marsh Creek Reservoir, which appears to act as
a mercury trap (John Cain, American Rivers, personal communication). Nevertheless,
the Central Valley Regional Water Quality Control Board (Central Valley Water Board)
has established methylmercury waste load allocations for all dischargers to the Delta
through the Sacramento-San Joaquin Delta Estuary Total Maximum Daily Load (TMDL)
(Delta Mercury TMDL) with intentions of reducing the mercury concentrations in fish
down to levels considered to be protective of people and wildlife who consume fish
from the Delta. The Delta Mercury TMDL translates reduced levels of mercury in fish to
a water column target of 0.06 nanograms unfiltered methylmercury per liter (ng/L). If
the average total methylmercury concentration in a water body exceeds 0.06 ng/L,
follow-up actions are required to investigate causes and determine reasonable and
foreseeable means of attaining a 0.06 ng/L.
The Contra Costa Clean Water Program (CCCWP) began implementation of a
Methylmercury Control Study in 2012 to fulfill requirements of the Central Valley
Municipal Regional Stormwater Discharge Permit (Order No. R5-2010-010). A
Methylmercury Control Study Work Plan (Amec 2013) was prepared to 1) evaluate the
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT
THREE CREEKS PARKWAY RESTORATION PROJECT (SCH# 2016082008)
COUNTY FLOOD CONTROL DISTRICT #7562-6D8176; COUNTY CEQA FILE #: CP 16-39
effectiveness of existing Best Management Practices (BMPs) for the control of
methylmercury; 2) evaluate additional or enhanced BMPs, as needed, to reduce
mercury and methylmercury discharges to the Delta; and 3) determine the feasibility of
meeting methylmercury waste load allocations. Wet year and dry year samples were
obtained at several locations along Marsh Creek within the project vicinity from spring
2012 through spring 2015: just upstream and downstream of the City of Brentwood
Wastewater Treatment Plant (downstream of the project site), and at the confluences
of Sand Creek, Deer Creek, and Dry Creek (all tributaries to Marsh Creek); Sand and
Deer Creek confluences occur within the project segment, and Dry Creek is upstream of
the project site. Methylmercury concentrations ranged between non-detect to 1.2 ng/L
(Contra Costa Clean Water Program, Methylmercury Control Study Progress Report,
October 2015).
Creating an intermittently flooded floodplain on Marsh Creek could create a methylated
environment resulting in an increased level of methylmercury if there is elemental
mercury present. However, based on the hydrology in Marsh Creek, the inundation
events have a very short duration and are infrequent, which would presumably limit
mercury export into Marsh Creek and the Delta. Further monitoring will be conducted to
compare post-project levels to the pre-project data gathered from 2012 to 2015 to help
determine whether implementation of this project will have any effect on methylation.
Project construction will incorporate applicable BMPs to avoid or minimize off-site
sediment transport.
Comment 5-5: Invasive Species: The Council notes that Delta Plan Policy ER P5
states “The potential for new introductions of or improved habitat conditions for
nonnative invasive species, striped bass, or bass must be fully considered and avoided
or mitigated in a way that appropriately protects the ecosystem.” Nonnative species,
such as terrestrial and aquatic weeds, are a major obstacle to successful restoration
because they affect the survival, health, and distribution of native wildlife and plant
species. Although there is little chance of eradicating most established nonnative
species, management can be designed to reduced their abundance.
The Council suggests consideration of incorporating the Delta Plan’s PEIR Biological
Resources Mitigation Measure 4-1 which calls for an invasive species management plan
to be developed and implemented for any projects that could lead to introduction or
facilitation of invasive species establishment. The mitigation requirement also calls for
the plan to include nonnative species eradication methods (if eradication is feasible),
nonnative species management methods, early detection methods, notification
requirements, BMPs for preconstruction, construction, and post construction periods,
monitoring, remedial actions and reporting requirements, and provisions for updating
the target species list over the lifetime of the project as new invasive species become
potential threats to the integrity of the local ecosystems.
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT
THREE CREEKS PARKWAY RESTORATION PROJECT (SCH# 2016082008)
COUNTY FLOOD CONTROL DISTRICT #7562-6D8176; COUNTY CEQA FILE #: CP 16-39
Response: Comments noted. The project will implement an invasive species
management plan consistent with the Delta Plan’s recommendation as applicable to the
project.
Comment 5-6: Respect Local Land Use: The Council notes that Delta Plan Policy
DP P2 calls for habitat restoration projects to avoid or reduce conflicts with existing
uses and to consider comments from local agencies and the Delta Protection
Commission. The Council also notes that the MND states the project is consistent with
the City of Brentwood General Plan and would not affect any land use of adjoining
parcels to the project area, which is primarily designated residential. The MND also
describes how the Parkway Project would protect East Bay Regional Park District’s
Marsh Creek trail by relocating it to new top of the eastern bank under the proposed
project.
Response: Comments noted. No further response necessary.
Comment 5-7: Inconsistencies with the Delta Plan: The Council notes that the
MND should discuss any inconsistencies between the proposed plan and the Delta Plan
and that according to the CEQA Guidelines Appendix G a project that is inconsistent
with any applicable land use plan, policy, or regulations may result in a finding of
significant impact on the environment.
Response: Comments noted. The project is consistent with the Delta Plan as it is a
multi-benefit project that will reduce flood risk associated with a changing climate,
improve Delta water quality, restore denuded stream-side habitat, and enhance the
Delta as a place. Further, the project will advance water quality recommendations of
the Delta Plan to improve environmental water quality by reducing several pollutants
conveyed to the Delta by urban and stormwater run-off including nitrates, pathogens,
and contaminants with development of new floodplain wetlands and riparian vegetation
along the channel that will cleanse polluted run-off that drain to Marsh Creek, Dutch
Slough, and eventually to the Delta and Bay. Improving environmental water quality in
Marsh Creek is particularly important to further the Delta Plan’s goal of protecting Dutch
Slough – a priority habitat restoration area.
Comment 5-8: Delta Plan Recommendations: Protect and Enhance Recreational
Opportunities: The Council notes that the Delta Plan recommends protecting and
improving existing recreation opportunities while seeking ways of providing new and
better coordinated opportunities. Delta Plan Recommendation DP R11 calls for providing
new and protecting existing recreational opportunities in the Delta and Suisun Marsh.
Additionally, Recommendation DP R16 states that public agencies owning land should
increase opportunities, where feasible, for bank fishing, hunting, levee-top trails, and
environmental education.
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT
THREE CREEKS PARKWAY RESTORATION PROJECT (SCH# 2016082008)
COUNTY FLOOD CONTROL DISTRICT #7562-6D8176; COUNTY CEQA FILE #: CP 16-39
The Council also notes that they appreciate that the MND describes how the project
would relocate the Marsh Creek trail and how the lower 1,600 feet of the project would
be integrated into a new city park and include interpretive signs.
Response: Comments noted. The project is consistent with DP R11 “Provide New and
Protect Existing Recreation Opportunities” and DP R16 “Encourage Recreation on Public
Lands” as the project will protect and improve the existing creek trail and provide
interpretive aides for environmental education for visitors.
Comment 5-9: Final Remarks: The Council notes that they overall support this
project and look forward to working with and providing guidance to County staff on the
requirements of filing a Delta Plan Certification of Consistency.
Response: Letter in support of this project is acknowledged. No further response
necessary.
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT
THREE CREEKS PARKWAY RESTORATION PROJECT (SCH# 2016082008)
COUNTY FLOOD CONTROL DISTRICT #7562-6D8176; COUNTY CEQA FILE #: CP 16-39
COMMENT LETTER #6. EAST BAY REGIONAL PARK DISTRICT (September 1,
2016)
Comment 6-1: The East Bay Regional Park District (Park District) appreciates that the
Marsh Creek Trail within the project area will be located above the 100-year flood plain
zone which will avoid increased maintenance costs and potential trail closures. The
project is considering a pervious surface for the trail as part of the proposal required by
the East Contra Costa County Habitat Conservancy. The Park District comments that
they maintain a portion of the Marsh Creek Trail and requests that a local funding
mechanism be established to accommodate additional maintenance required for this
type of surface.
Response: The Contra Costa County Flood Control District has been having discussions
with the City of Brentwood Parks and Recreation Department about the local funding
mechanism and the City has agreed they’ll provide additional fundi ng for the additional
maintenance required for this type of surface.
Comment 6-2: The City of Brentwood is proposing to widen Central Blvd. to four (4)
lanes by adding a new bridge. The Park District comments safety concerns regarding
the increased distance trail users would have to travel across Central Blvd. once
additional lanes are added. The Park District supports the trail passing under the
bridge(s) and elimination of at grade crossing which is a much safer experience for trail
users and may improve traffic flow on Central Blvd. Additional structures required to
protect the bridge abutments and trail alignment under the bridge will need to be
included in the CEQA analysis.
Response: The project will include armoring under the bridge to protect the bridge
and proposed trail undercrossing. The armoring will be a combination of concrete and
riprap. The riprap will be vegetated where accessible to sunlight. The MND points out
that other locations within the project segment will need to be armored to stabilize
slopes which will minimize erosion and provide stabilized slopes for the trail relocation
as noted in the Biological Resources, Geology and Soil, and Hydrology and Water
Quality sections. No additional structures will be necessary to protect the bridge
abutments or trail.
Comment 6-3: The Park District requests that the Contra Costa County Flood Control
District design the trail undercrossing to Caltrans Chapter 1000 Class I bikeway
standards, which calls for at least ten (10) feet of overhead clearance if possible which
will also allow enough clearance for equestrians, emergency vehicles and overhead
signage if necessary. The Park District will still need to preserve emergency vehicle and
maintenance access through the current on street trail entrances for operational
purposes.
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT
THREE CREEKS PARKWAY RESTORATION PROJECT (SCH# 2016082008)
COUNTY FLOOD CONTROL DISTRICT #7562-6D8176; COUNTY CEQA FILE #: CP 16-39
Response: The trail will be designed to the Class I Bikeway standards with the
exception that the 10-ft recommended clearance is not achievable under the existing
bridge. The design can achieve 8-ft minimum clearance as specified by the Caltrans
standards. The Federal Highway Administration standards for equestrians recommends
a 12-ft clearance. It is our expectation that equestrians will need to use the Central
Blvd. at-grade crossing. Emergency vehicle and maintenance access (EVMA) will be
maintained at street level as well.
Claudia Gemberling, Environmental Analyst II
Contra Cost County Public Works Department
255 Glacier Drive
Martinez, CA 94553
RE: Notice of Public Review and Intent to Adopt a Proposed Mitigated Negative Declaration
Dear Ms. Gemberling,
The East Bay Regional Park District (Park District) has reviewed the Initial Study/Mitigated Negative Declaration
(IS/MND) for the Three Creeks Parkway Restoration (the project), proposed by the Contra Costa County Flood Control
District (CCCFCD). The Park District has a long term commitment to protecting and maintaining open space in Contra
Costa County and providing safe non-motorized public transportation and recreational opportunities by way of our
Regional Trail Network. The District operates and maintains the Marsh Creek Regional Trail (the Trail) on the east side
of Marsh Creek, which is within the project’s scope.
The project proposes to relocate the trail for approximately 0.8 mile as part of the restoration effort of Marsh Creek. The
Park District appreciates the CCCFCD’s willingness to relocate the existing trail above the 100 year flood plain to avoid
increased maintenance costs and potential trail closures. The CCCFCD is considering a pervious surface for the trail as
part of the proposal required by the East Contra Costa Habitat Conservancy. The Park District maintains this portion of
the Marsh Creek Trail and requests that a local funding mechanism be established to accommodate additional
maintenance required for this type of surface.
The City of Brentwood is proposing to widen Central Blvd to four (4) lanes by adding a new bridge. The Park District
has safety concerns regarding the increased distance trail users would have to travel across Central Blvd. once additional
lanes are added. The Park District supports the trail passing under the bridge(s) on Central Blvd. and the elimination of
the existing at grade crossing; which is a much safer experience for trail users and may improve traffic flow on Central
Blvd. There are several schools within .5 mile of the project, and students and parents will be able to walk/bike to school
on a safer route with this improvement. Additional structures required to protect the bridge abutments and trail alignment
under the bridge, which may encroach into the creek channel, will need to be included in your CEQA analysis.
The Park District requests that CCCFCD design the trail undercrossing to Caltrans Chapter 1000 Class I bikeway
standards, which calls for at least ten (10) feet of overhead clearance if possible. This also allows enough clearance for
equestrians, emergency vehicles and overhead signage if necessary. The Park District will still need to preserve
emergency vehicle and maintenance access (EVMA) through the current on street trail entrances for operational purposes.
The Park District appreciates the opportunity to review the IS/MND and provide comments. We look forward to working
with the CCCFCD on this project. Please provide any future information and design plans for Park District review.
If you have any questions or concerns, please contact me at (510) 544-2609, or by e-mail at swilson@ebparks.org.
Respectfully,
Suzanne Wilson
Senior Planner – Trails Development
CC – Neoma Lavalle, Planner EBRPD; Sean Dougan, Trails Development Program Manager EBRPD
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT
THREE CREEKS PARKWAY RESTORATION PROJECT (SCH# 2016082008)
COUNTY FLOOD CONTROL DISTRICT #7562-6D8176; COUNTY CEQA FILE #: CP 16-39
COMMENT LETTER #7. CHEVRON (September 1, 2016)
Comment 7-1: Leidos Engineering LLC, on behalf of Chevron Environmental
Management Company (CEMC), describes the background of inactive, historic crude-oil
pipelines within the project vicinity and identifies the approximate location of the former
Old Valley Pipeline (OVP) and Tidewater Associated Oil Company (TAOC) alignments
with respect to the project’s layout. Leidos further states that CEMC conducted risk
assessments at numerous locations within known historical crude-oil release points
along the former OVP and TAOC pipelines and analytical results have indicated that the
crude-contaminated soil was non-hazardous. If soil affected by the historical release of
crude oil from these former pipelines is encountered during construction activities it
may be reused as backfill on site. Parties conducting construction activities in the
vicinity of these former pipeline rights-of-way may wish to use the information provided
in the letter to help prepare for the possibility of encountering pipelines and pipeline-
related asbestos-containing materials ACM during the course of their work.
Response: Comments have been noted and forwarded to the project design team. No
further response is necessary.
Mike N. Oliphant
Project Manager
Mining and Specialty
Portfolio
Chevron Environmental
Management Company
P.O. Box 6012
San Ramon, CA 94583
Tel (925) 842 9922
mike.oliphant@chevron.com
September 1, 2016 Stakeholder Communication – Contra Costa County
Ms. Claudia Gemberling
Environmental Analyst II
Contra Costa County Public Works Department
255 Glacier Drive
Martinez, California 94553
Subject: Comments on the Initial Study and Proposed Mitigated Negative Declaration for the
Three Creeks Parkway Restoration Project
Chevron Environmental Management Company
Historical Pipeline Portfolio–Bakersfield to Richmond
Dear Ms. Gemberling:
On behalf of Chevron Environmental Management Company (CEMC), Leidos, Inc. (Leidos; CEMC contract
consultant) recently reviewed the Initial Study and Proposed Mitigated Negative Declaration for the Three Creeks
Parkway Restoration Project (proposed project). The information contained in this letter may help you to
understand something about Chevron's former pipeline operations in the City of Brentwood, as residual weathered
crude oil, abandoned pipeline, and asbestos-containing materials (ACM) could potentially be encountered during
subsurface construction activities in the vicinity of these former pipeline locations within the existing former
pipeline rights of way (ROW).
Portions of the former Old Valley Pipeline (OVP) and Tidewater Associated Oil Company (TAOC) pipelines
existed in the vicinity of the proposed project area. These formerly active pipelines were constructed in the early
1900s and carried crude oil from the southern San Joaquin Valley to the San Francisco Bay Area. Pipeline
operations for the OVP ceased in the 1940s, and in the 1970s for the TAOC pipelines. When pipeline operations
ceased, the pipelines were taken out of commission. The degree and method of decommissioning varied: in some
instances the pipelines were removed, while in others they remained in place. Because these pipelines have been
decommissioned, with the majority of pipelines having been removed, they are not readily identified as
underground utilities through the Underground Service Alert North System or utility surveys. Figure 1 illustrates
the locations of the former OVP and TAOC ROWs with respect to the proposed project area. The location of the
pipelines shown on Figure 1 is based on historical as-built drawings and the approximated positional accuracy of
the alignments is generally +/- 50 feet. The OVP and TAOC pipelines were installed at depths of up to 10 feet
below ground surface. The steel pipelines were typically encased in a protective coating composed of coal tar and
ACM.
Working under the direction of State regulatory agencies, CEMC conducted risk assessments at numerous locations
with known historical crude-oil release points along the former OVP and TAOC pipelines. Analytical results from
these risk assessments indicated that the crude-contaminated soil was non-hazardous. Accordingly, it is likely that
Ms. Claudia Gemberling – Contra Costa County Public Works Department
September 1, 2016
Page 2 of 2
if soil affected by the historical release of crude oil from these former pipelines is encountered during construction
activities it may be reused as backfill on site. Properly abandoned crude-oil pipeline may be left in the ground.
Parties conducting construction activities in the vicinity of these former pipeline ROWs may wish to use the
information provided in this letter to help prepare for the possibility of encountering abandoned pipelines and
pipeline-related ACM during the course of their work.
For more information regarding these historic pipelines, please visit http://www.hppinfo.com/. If you would like
additional information, or would like to request more detailed maps, please contact Leidos consultants Mike Hurd
(michael.t.hurd@leidos.com) at (510) 466-7161 or Tan Hoang (tan.t.hoang@leidos.com) at (916) 979-3742.
Sincerely,
Mike Oliphant
MO/klg
Enclosure:
Figure 1. Historical Pipeline Rights of Way – Lower Reach Improvements
ss
cc: Mr. Mike Hurd – Leidos
475 14th Street, Suite 610, Oakland, California 94612
Mr. Erik Nolthenius – City of Brentwood Planning Division
150 City Park Way, Brentwood, California 94513
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DATE: 8/18/2016
FILE: Q:\HPPBTR\MANAGEMENTSTRATEGY\POTENTIAL PROJECTS\CONTRA COSTA\THREECREEKSPARKWAY\PROJECTS\FIGURE 1\PSEP_FIG1_THREERIVERSPKWY_2016_08.MXDHISTORICAL PIPELINE RIGHTS OF WAY
Brentwood, California
LOWER REACH IMPROVEMENTS
ANALYST: HOANGTA FIGURE:
1
CALIFORNIA LOCATION MAP
Map is compiled from data sources that vary in accuracy; features may not be displayed in exact
relationship to one another. Do not rely on map for legal information or underground work.XXXHistorical Old Valley Pipeline (OVP)
! !
Historical Tidewater Associated
Oil Company (TAOC) PipelineI04080
Feet
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT
THREE CREEKS PARKWAY RESTORATION PROJECT (SCH# 2016082008)
COUNTY FLOOD CONTROL DISTRICT #7562-6D8176; COUNTY CEQA FILE #: CP 16-39
COMMENT LETTER #8. CITY OF BRENTWOOD PUBLIC WORKS DEPARTMENT
(September 2, 2016)
Comment 8-1: The City of Brentwood Public Works Department (City) suggested to
include in the last paragraph of Section 2.2 “Project Location and Surrounding Land
Uses” on page 8 that the planned linear city park part of the Pulte development is
planned to be under construction during the spring and/or summer of 2017.
Response: Comment noted and is included in this CEQA record for the final IS/MND.
No further response is necessary.
Comment 8-2: The City notes that the footnotes to Table 1 in Section 2.4 “Project
Components” on page 10 indicate that the parcel numbers and ownership information
are shown on Figures 4, 6, and 8, but the information is not shown.
Response: Comment noted. The figures have been updated and included in this CEQA
record for the final IS/MND. No further response is necessary.
Comment 8-3: The City commented that Section 2.4.1 “Middle Reach” does not
address the “Phase II Design Alternative” widening shown in blue and noted on Figure
7.
Response: The intent was to have an alternative if the sewer line could be relocated in
accordance with City requirements.
Comment 8-4: The City recommends not using the term “relocation” in Section 2.4.3
Sewer Line Relocation on page 17 (page number not shown) because the sewer line will
remain in place and suggested revising to “Existing Sewer Main”.
Response: Comment noted and is included in this CEQA record for the final IS/MND.
No further response is necessary.
Comment 8-5: The City recommends changing the wording to “City of Brentwood
Encroachment and/or Grading Permit” in Section 2.7 “Permits and Approvals Required”
in the last line on page 19 as the City will want to review items such as construction
plans, haul truck routes, traffic control, bonds, working hours, and possibly impose
conditions such as repair of improvements damaged during construction, periodic
coordination with City staff, and potential need for settlement monitoring.
Response: Comment noted and is included in this CEQA record for the final IS/MND.
No further response is necessary.
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT
THREE CREEKS PARKWAY RESTORATION PROJECT (SCH# 2016082008)
COUNTY FLOOD CONTROL DISTRICT #7562-6D8176; COUNTY CEQA FILE #: CP 16-39
Comment 8-6: The City of Brentwood PWD comments on Section 5.8.2 “Hazards and
Hazardous Materials” discussion item g on page 60 that if APN 017-110-011 “DLT
Ventures (Griffith)” is not made available for soil stockpiling, it does not appear that the
project has adequate space at other locations to stockpile a significant amount of
excavated material based on the other parcels identified in Section 2.4, Table 1. This
could result in a frequency of haul truck traffic that is worthy of further consideration.
The City’s permit process will help identify the haul routes and traffic control that will be
needed to mitigate impacts.
The City recommends considering less precise language that would leave open the
possibility of access from alternative locations. Construction staging may require cycling
earthmoving trucks through the project if turn-around space is limited. The City
comments that it should be stipulated that access and haul routes will be agreed upon
during the design process, prior to construction.
Response: Comments noted. The MND analyzed potential stockpile locations and haul
routes. Feasible stockpile locations and haul routes will be finalized during the permit
process prior to start of construction.
Comment 8-7: The City comments that while the statement in the “Background” of
Section 5.16.1 “Transportation and Traffic” is true for access directly to the creek, other
possible access points as shown in Figure 3 should be mentioned and evaluated. The
City also comments that it should be noted that some of the streets mentioned may be
under developer control, or may be deemed not suitable for haul truck traffic, and
therefore not allowed for construction access.
Response: Comments noted. Some of the access points shown in Figure 3 are for
public access to existing and planned city parks part of the Pulte Development (i.e.,
Bella Drive, Island Palm Way) which may not be accessible upon project completion as
noted by the City but will be determined during the design process. As noted in
discussion items a, b of Section 5.16, construction vehicles would access the project site
via local roadways and existing maintenance roads or the regional trail along the creek.
Central Blvd. and Dainty Avenue are local roadways that provide access to the project
site and trail; the County Flood Control District maintenance road at Sungold Park
within the Carmel Estates development is another access point.
Comment 8-8: The City comments that discussion items “a” and “b” in Section 5.16.3
“Transportation and Traffic” on page 75 discusses the duration of construction and
construction traffic and suggests noting the number of trips per day that would be
needed to achieve those durations. The City also comments that traffic control
measures for hauling trucks would likely be justified, and required, as part of an
encroachment permit. And, notes that if parcel 017-110-011 would be used for
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT
THREE CREEKS PARKWAY RESTORATION PROJECT (SCH# 2016082008)
COUNTY FLOOD CONTROL DISTRICT #7562-6D8176; COUNTY CEQA FILE #: CP 16-39
stockpiling, and subsequent trucking away from the site, the access to that property for
trucking would be Minnesota Avenue.
Response: Comments noted. The exact number of trips per day needed to achieve the
construction and construction traffic durations will be determined when the contractor
obtains the encroachment permit as well as traffic control measures for haul trucks.
Comment 8-9: The City comments on Section 5.17 “Utilities and Service Systems” that
even though a conflict or interaction with the existing sewer system, other than
adjustments to manhole lids, is extremely unlikely, a response protocol should be
created that identifies what actions need to be taken in the event of damage to existing
facilities.
The City also comments that the City requires vehicular access over the sanitary sewer
main that is not subject to the 100 year flood event and proposed widening near
371+00 would appear to impact that requirement, but widening may have already been
accomplished at that location. No typical section for 371+00 is provided to clarify.
Relocation of the sanitary sewer main may be necessary to ensure the aforementioned
requirement is met.
Response: Comments noted. A response protocol will be prepared prior to
construction to address necessary actions in the event of damage to the City’s existing
facilities.
The existing sewer line location is below the existing top of bank at station 371+00 and
is currently below the 100-year flood event. The proposed project will not affect this
condition. The proposed project grading begins immediately downstream of station
371+00 and transitions to a widened left bank. The City will have an opportunity to
review project plans to ensure an acceptable design.
RDG
Three Creeks Parkway Restoration Project
07.07.16
Restoration Design Group, Inc. 2016
- Upper Reach Concept
Trail
Proposed Trail
Existing Sewer
Parcel
CCCFCD Parcel
HCP Setback for buffer
Proposed Retaining Wall
Cross Section
Proposed Floodplain
Proposed Creek Bank
CCCFCD APN NO.
017-17C-004
City of Brentwood
APN NO. 017-210-004
City of Brentwood
APN NO. 017-201 -038
City of Brentwood
APN NO. 017-260 -080
City of Brentwood
APN NO. 017-280 -113
CCCFCD
APN NO. 017-20C -XXX
Upper Reach Improvements
FIGURE 4
SOURCE: Restoration Design Group, Inc. 2016
1273.001-09/16
- Middle Reach Concept
RDG
Three Creeks Parkway Restoration Project
07.07.16
Restoration Design Group, Inc. 2016
Trail
Proposed Trail
Existing Sewer
Parcel
CCCFCD Parcel
HCP Setback for buffer
Proposed Retaining Wall
Cross Section
Proposed Floodplain
Proposed Creek Bank
Pulte
APN NO.
017-170-007
CCCFCD APN NO.
017-17C-004
APN NO. 017-110-011
Middle Reach Improvements
FIGURE 6
1273.001-09/16
SOURCE: Restoration Design Group, Inc. 2016
- Lower Reach Concept
RDG
Three Creeks Parkway Restoration Project
07.07.16
Restoration Design Group, Inc. 2016
Trail
Proposed Trail
Existing Sewer
Parcel
CCCFCD Parcel
HCP Setback for buffer
Proposed Retaining Wall
Cross Section
Proposed Floodplain
Proposed Creek Bank
APN NO. 017-170-008
Pulte
APN NO.
017-170-007
CCCFCD APN NO.
017-17C-004
Lower Reach Improvements
FIGURE 8
SOURCE: Restoration Design Group, Inc. 2016
1273.001-09/16
PUBLIC WORKS DEPARTMENT
Mailing Address
150 City Park Way, Brentwood, CA 94513
www.brentwoodca.gov
Engineering Division Operations Division
Physical Address Physical Address
150 City Park Way, Brentwood, CA 94513 2201 Elkins Way, Brentwood, CA 94513
Phone (925) 516-5420 – Fax (925) 516-5421 Phone (925) 516-6000 – Fax (925) 516-6001
September 2, 2016
Contra Costa County Public Works Department
255 Glacier Drive
Martinez, CA 94553
Attn: Claudia Gemberling, Environmental Analyst II
Re: Three Creeks Parkway Restoration
Initial Study – Mitigated Negative Declaration
Dear Ms. Gemberling:
Thank you very much for the opportunity to review the Initial Study – Mitigated Negative
Declaration for this important project. City staff has reviewed it and offers the following
comments for your consideration:
1. Section 2.2 “Project Location and Surrounding Land Uses,” Page 8: In the last paragraph of
the section, it may be worth noting that the park is planned to be under construction during
the spring and/or summer of 2017.
2. Section 2.4 “Project Components”, Page 10: The footnotes to Table 1 indicate that the
parcel numbers and ownership information are shown on Figures 4, 6, and 8, but the
information is not shown.
3. Section 2.4.1 “Middle Reach”: This section does not address the “Phase II Design
Alternative” widening shown in blue and noted on Figure 7.
4. Section 2.4.3 “Sewer Line Relocation”, Page 17 (page number not shown): I would
recommend not using the term “relocation” because the sewer line will remain in place.
Maybe something more general like “Existing Sewer Main” would be more appropriate.
5. Section 2.7 “Permits and Approvals Required”, Page 19, last line: I would recommend
changing the wording to “City of Brentwood Encroachment and/or Grading Permit”. With the
encroachment permit application process, the city will want to review items such as
construction plans, haul truck routes, traffic control, bonds, working hours, and possibly
impose conditions such as repair of improvements damaged during construction, periodic
coordination with city staff, and potential need for settlement monitoring.
6. Section 5.8.2, discussion item g, Page 60:
a. If APN 017-110-011 “DLT Ventures (Griffith)” is not made available for stockpiling, It
does not appear that the project has adequate space at other locations to stockpile a
significant amount of excavated material, based on the other parcels identified in the
Section 2.4, Table 1. This could result in a frequency of haul truck traffic that is worthy
of further consideration. The City’s permit process will help identify the haul routes
and traffic control that will be needed to mitigate impacts.
b. I recommend considering less precise language that would leave open the possibility
of access from alternative locations. Construction staging may require cycling
earthmoving trucks through the project if turn-around space is limited. It should be
stipulated that access and haul routes will be agreed upon during the design process,
prior to construction.
7. Section 5.16.1, “Background” – While the statement is true for access directly to the
creek, what if other access points are possible? Shouldn't those be mentioned and
evaluated also? Other access points are shown on the exhibit for Figure 3, but not
discussed anywhere else. However, it should also be noted that some of the streets
mentioned above may be under developer control, or may be deemed not suitable for
haul truck traffic, and therefore not allowed for construction access.
8. Section 5.16.3 (.2 was skipped), discussion items “a” and “b”, Page 75: In the
discussion of duration of construction and construction traffic, it might be useful to see
the number of trips per day that would be needed to achieve those durations. Traffic
control measures for hauling trucks would likely be justified, and required, as part of an
encroachment permit. Also, if parcel017-110-011 would be used for stockpiling, and
subsequent trucking away from the site, the access to that property for trucking would be
Minnesota Ave.
9. Section 5.17, Utilities and Service Systems: Even though a conflict or interaction with
the existing sewer system, other than adjustments to manhole lids, is extremely unlikely,
a response protocol should be created that identifies what actions need to be taken in
the event of damage to the existing facilities.
The City of Brentwood requires vehicular access over the sanitary sewer main that is not
subject to the 100 yr flood event. Proposed channel widening near 371+00 would appear
to impact that requirement, but widening may have already been accomplished at that
location. No typical section for 371+00 is provided to clarify. Relocation of the sanitary
sewer main may be necessary to ensure the aforementioned requirement is met.
Thank you again for the opportunity to review and comment on the IS/MND. If you have any
questions, please feel free to contact me by phone (925-516-5420) or by e-mail
(shunn@brentwoodca.gov). The City looks forward to construction of the project.
Very truly yours,
Steven J. Hunn
Senior Engineer
Cc: Miki Tsubota, Director of Public Works / City Engineer
Jack Dhaliwal, Assistant Director of Public Works/Engineering
Steve Kersevan, Engineering Manager
Erik Nolthenius, Planning Manager
Martin Lysons, Assistant City Attorney
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT
THREE CREEKS PARKWAY RESTORATION PROJECT (SCH# 2016082008)
COUNTY FLOOD CONTROL DISTRICT #7562-6D8176; COUNTY CEQA FILE #: CP 16-39
COMMENT LETTER #9. STATE CLEARINGHOUSE (September 2, 2016)
Comment 9-1: The Governor’s Office of Planning and Research, State Clearinghouse
and Planning Unit noted that the IS/MND was submitted to selected state agencies for
review and provided the list of those agencies and comments letters received. The
Central Valley Regional Water Quality Control Board was the only agency that submitted
a comment letter to the State Clearinghouse.
Response: The Central Valley Regional Water Quality Control Board comment letter is
addressed in Comment Letter #4 of this package. No further response is necessary.
Addendum No. 1
Three Creeks Parkway Restoration Project
Mitigated Negative Declaration
The following Addendum has been prepared in compliance with CEQA.
Prepared for:
Contra Costa County Flood Control and Water Conservation District
255 Glacier Drive
Martinez, CA 94553
Contact: Claudia Gemberling
(925) 313-2192
and
American Rivers
2150 Allston Way, Suite 320
Berkeley, CA 94704
Contact: John Cain
(510) 809-8010
Prepared by:
Impact Sciences, Inc.
505 14th Street, Suite 1230
Oakland, California 94612
December 2017
Contra Costa County Flood Control District and Water Conservation District i Addendum No. 1
and American Rivers Three Creeks Parkway Restoration Project MND
County Project No.: 16-39 December 2017
TABLE OF CONTENTS
Section Page
1.0 Introduction ................................................................................................................................... 1
2.0 Purpose of Addendum ................................................................................................................. 1
3.0 Project Description ........................................................................................................................ 3
4.0 Environmental Impacts of the Updated Project ..................................................................... 16
5.0 Conclusion ................................................................................................................................... 30
6.0 Supporting Information Sources ............................................................................................... 31
7.0 Addendum Preparers ................................................................................................................. 31
LIST OF FIGURES
Figure Page
1 Updated Project Site Plan ............................................................................................................ 5
2 Lower Reach Improvements ....................................................................................................... 8
2A Incorporation of Water Quality Basin and Improvements to Sungold Park ............... 10
3 Middle Reach Improvements .................................................................................................... 12
3A Grifith Parcel Section ........................................................................................................... 14
Contra Costa County Flood Control and Water Conservation District 1 Addendum No. 1
and American Rivers Three Creeks Parkway Restoration Project MND
County Project No.: 16-39 December 2017
1.0 INTRODUCTION
The Three Creeks Parkway Restoration Project in Brentwood, Contra Costa County is a project
that is jointly proposed by the Contra Costa County Flood Control and Water Conservation
District (“the District” or “CCCFCWCD”) for flood protection and American Rivers, a national
non-profit organization that protects wild rivers, restores damaged rivers and conserves clean
water for people and nature. The California Environmental Quality Act (CEQA) (Pub.
Resources Code, Section 21000, et seq.) requires local governments to conduct environmental
review on public and private development projects. On September 27, 2016, the Contra Costa
County Board of Supervisors adopted an Initial Study/Mitigated Negative Declaration for the
project (“2016 IS/MND”) (State Clearinghouse No. 2016082008) (on file with the District) on the
basis of an Initial Study that was prepared and circulated for 30 days, pursuant to Section 15063
of the CEQA Guidelines (Title 14, California Code of Regulations, Sections 15000 et seq.). The
project evaluated included proposed improvements to an approximately 4,000 linear foot
section of Marsh Creek for flood conveyance capacity by widening the channel with a
floodplain and floodplain benches and restoration of native vegetation of the creek banks and
floodplain (“original project”). While the IS/MND was adopted by the County Board of
Supervisors, the proposed project was not approved at that time.
Since then, there have been a few additions to the original project design. These include: (1) the
incorporation of an existing water quality basin adjacent to the lower reach of Marsh Creek and
improvements to the adjacent City of Brentwood Sungold Park, (2) the use of an adjoining
parcel adjacent to the middle reach as a staging area and to place excavated materials, (3) the
construction of a clear-span pedestrian bridge, and (4) the use of temporary creek crossings
during construction (“updated project”). These proposed additions include a total of
approximately 13.45 acres on three parcels that abut the original project area for the evaluation
of the updated project.
2.0 PURPOSE OF ADDENDUM
The purpose of this Addendum is to analyze potential impacts that may result from the
proposed additions to the original project and to document that the 2016 IS/MND for the
original project adequately addresses the potential environmental impacts of the updated
project pursuant to CEQA (Pub. Resources Code, Section 21000, et seq.), and that no subsequent
or supplemental environmental document is required.
Contra Costa County Flood Control and Water Conservation District 2 Addendum No. 1
and American Rivers Three Creeks Parkway Restoration Project MND
County Project No.: 16-39 December 2017
CEQA Guidelines Section 15164(b) states that an addendum to an adopted negative declaration
may be prepared if only minor technical changes or additions are necessary or none of the
conditions described in Section 15162 calling for the preparation of a subsequent EIR or
negative declaration have occurred.
CEQA Guidelines Section 15162(a) provides guidance in this matter and states that “when an EIR
has been certified or a negative declaration adopted for a project, no subsequent EIR shall be
prepared for that project unless the lead agency determines, on the basis of substantial evidence
in the light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions of
the previous EIR or negative declaration due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified
significant effects;
(2) Substantial changes occur with respect to the circumstances under which the project
is undertaken which will require major revisions of the previous EIR or Negative
Declaration due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects; or
(3) New information of substantial importance, which was not known and could not
have been known with the exercise of reasonable diligence at the time the previous EIR
was certified as complete or the Negative Declaration was adopted, shows any of the
following:
(A) The project will have one or more significant effects not discussed in the
previous EIR or negative declaration;
(B) Significant effects previously examined will be substantially more severe than
shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible
would in fact be feasible, and would substantially reduce one or more significant
effects of the project, but the project proponents decline to adopt the mitigation
measure or alternative; or
(D) Mitigation measures or alternatives which are considerably different from
those analyzed in the previous EIR would substantially reduce one or more
Contra Costa County Flood Control and Water Conservation District 3 Addendum No. 1
and American Rivers Three Creeks Parkway Restoration Project MND
County Project No.: 16-39 December 2017
significant effects on the environment, but the project proponents decline to
adopt the mitigation measure or alternative.”
CEQA Guidelines Section 15164(d) provides that the decision-making body shall consider the
addendum in conjunction with the adopted negative declaration prior to making a decision on
the project.
Based on the analysis in this Addendum No. 1, the District concludes that the updated project
would not result in any new significant adverse impacts, nor an increase in the severity of
significant impacts previously identified in the 2016 IS/MND for the original project. Nor would
the updated project require the adoption of any new or considerably different mitigation
measures or alternatives. Therefore, this Addendum No. 1 is the appropriate form of
environmental review required under CEQA and has been prepared to satisfy the requirements
of CEQA Guidelines Sections 15162 and 15164.
3.0 PROJECT DESCRIPTION
3.1 Summary of the Original Project
The original project is a multi-benefit flood control and creek restoration project to improve
flood conveyance capacity and restore native vegetation along an approximately 4,000 linear
foot section of Marsh Creek which includes widening the channel with a floodplain and
floodplain benches and planting with native vegetation. When implementation is complete, the
project would include up to 1.0 acre of frequently inundated floodplain (seasonal wetland), 1.87
acres of woody riparian vegetation, and 1.87 acres of grasslands and native scrub. The project
would also enhance habitat and recreation within the watershed.
3.2 Proposed Additions to the Original Project
The District and American Rivers propose to update the original project to incorporate an
existing water quality basin and make improvements to the adjacent City of Brentwood
Sungold Park, use an adjoining parcel as a staging area and to place excavated materials,
construct a clear-span pedestrian bridge across Marsh Creek, and to use temporary creek
crossings during construction (Figure 1).
As detailed in Table 1, the amount of excavation has slightly decreased since the original
project due to changes in assumptions regarding how wide the channel could be excavated and
project refinements as the design advanced. In addition, with regard to the proposed project
Contra Costa County Flood Control and Water Conservation District 4 Addendum No. 1
and American Rivers Three Creeks Parkway Restoration Project MND
County Project No.: 16-39 December 2017
additions, about 5,000 cubic yards of material would be excavated to incorporate the water
quality basin. Thus, an increase of 2,000 cubic yards would be excavated as compared to the
original project. A total of approximately 26,000 cubic yards of excavated materials would be
placed on the Griffith parcel under the updated project.
LOWER REACH
(UPRR to Sand Creek)
Restoration Design Group, Inc. 2017
MIDDLE REACH
(Deer Creek to Sand Creek)
UPPER REACH
(Deer Creek to Dainty Avenue)RTHREE CREEKS PARKWAY RESTORATION PROJECT
11.30.17
Trail
Future City Trail*
Existing Sewer
Parcel
CCCFCD Parcel
HCP Setback for buffer
Proposed Retaining Wall
Cross Section
Temp Earthern Crossing
Proposed Floodplain
Proposed Creek Bank
Staging and Stockpile
Area
* - Per City of Brentwood
Parks, Trails & Recreation
Master Plan
Temporary Crossings are
shown schematically. Actual
Crossing locations, number,
and design shall be determined
by contractor and shall adhere
to all applicable permit require-
ments and conditions. Final
temporary crossing plan shall
be approved by the O.R. Prior
to start of construction
**
**
-80’80’ 160’0’
RDG
Proposed Project Additions
FIGURE 1
1273.001•12/17
SOURCE: Restoration Design Group, Inc. 2017
Contra Costa County Flood Control and Water Conservation District 6 Addendum No. 1
and American Rivers Three Creeks Parkway Restoration Project MND
County Project No.: 16-39 December 2017
Table 1
Excavated Fill Material (in cubic yards)
Reach Original Project
Project
Refinements
Proposed Project
Additions Updated Project
Upper Reach 5,500 +5,000 n/a 10,500
Middle Reach 3,500 -1,000 n/a 2,500
Lower Reach 15,000 -7,000 +5,000 13,000
Total Excavation 24,000 -3,000 +5,000 26,000
Source: Walkling, 2017.
(1) Lower Reach - Incorporation of Water Quality Basin
There is an existing 0.7-acre linear water quality/detention basin (Assessor Parcel 017-670-040)
located between Carmel Estates/Sungold Park and Marsh Creek to detain runoff from the
Carmel Estates residential development for treatment before discharge into Marsh Creek
(Figure 2). The detention basin is enclosed on all sides by a fence. This basin would be
incorporated into the project by adding native vegetation including trees and shrubs, creating a
creekside mulch path, removing the fences, and lowering the eastern berm of the basin and
western bank of the creek (Figure 2A). This would allow flood waters from the creek to spill
into the basin as needed. The western fence may be reinstalled along the western length of the
basin. In addition, a new trail, which would also serve as a District maintenance access road,
would be added to the adjacent City of Brentwood Sungold Park (017-670-039, 017-450-065).
Other improvements, such as landscaping and a creek overlook with seating and an interpretive
area, would be added to showcase the environmental benefits of the project (Figure 2A). The
total area of improvements would be approximately 3.25 acres.
(2) Middle Reach – Staging Area and Excavated Material Placement on the Griffith Parcel
The Griffith parcel (also known as DLT Ventures or the Hancock parcel) is a 10.2 acre
undeveloped property located between Sand and Deer Creeks adjacent to the west side of the
middle reach of Marsh Creek (017-110-011) (Figure 3). The Griffith parcel is bounded on the
north, south, and east by channelized creek and to the west by private residential property.
These lands are strictly uplands and are located above the top of bank of all three creeks. The
vacant Griffith parcel would be used as a staging area and the placement of excavated material
(26,000 cubic yards) for the updated project. The excavated material would be spread across the
parcel to elevate the ground surface (Figure 3A).
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(3) Middle Reach – Pedestrian Bridge
The updated project anticipates the pedestrian bridge would be installed just upstream of
Marsh Creek’s confluence with Sand Creek near the northeastern corner of the Griffith parcel
(Figure 3). It is anticipated that the bridge would be 10 feet wide and approximately 100 feet
long and would clear-span the creek (there would be no footings in the creek).
(4) Temporary Creek Crossings
The updated project anticipates up to six temporary creek crossings to facilitate construction
access between the excavation areas on the east side of Marsh Creek and the Griffith parcel on
the west side of Marsh Creek. Temporary creek crossings are proposed across Marsh Creek near
the water quality basin in the lower reach, and across Sand, Marsh and Deer creeks to the
Griffith parcel on the west bank (Figure 1). While Figure 1 shows four crossings locations, the
actual number, locations, and design will be determined by the project contractor.
The creek crossings would be installed by placing a temporary culvert in the channel and then
placing fill (i.e., clean gravel) that is wrapped in geotextile fabric over the culvert. The fabric
would keep the fill separated from the creek environment and would make the removal clean
and quick, as the fill would be kept separate from the creek bed materials. The fill material
utilized would be free of silt or other contaminants. Each culvert could be up to 60 feet in
length. Total area of each crossing would be approximately 2,500 square feet and each crossing
would require approximately 600 cubic yards of fill material. The culverts would extend below
the ordinary high water mark (OHWM) but fill would be expected to remain mostly above.
The creek crossings would be in place only during the grading operations. Upon completion of
grading, the earthen fill, fabric, and pipe would be removed and the original channel conditions
restored. As explained further in Section 4.2 below, any surface flows in these channels at the
time of installation would be uninterrupted and Best Management Practices (BMPs) would be
in place to ensure there is no release of sediment downstream. However, at least one creek
crossing is proposed to remain in place through restoration planting to connect the Griffith
parcel on the west side of Marsh Creek with the east side of the creek.
The proposed additions would not affect the duration of project construction; as with the
original project, the updated project would still be constructed over a period of approximately
two months during the dry season (between April and October) when creek flows are low and
the chance of precipitation is low. Plant restoration would occur afterwards (i.e., November to
February).
Lower Reach Improvements
FIGURE 2
SOURCE: Restoration Design Group, Inc. 2017
1273.001•12/17
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Incorporation of Water Quality Basin and Improvements to Sungold Park
FIGURE 3
SOURCE: Restoration Design Group, Inc. 2017
1273.001•12/17
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Middle Reach Improvements
FIGURE 4
1273.001•12/17
SOURCE: Restoration Design Group, Inc. 2017
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Griffith Parcel Section
FIGURE 5
SOURCE: Restoration Design Group, Inc. 2017
1273.001•12/17
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4.0 ENVIRONMENTAL IMPACTS OF THE PROPOSED PROJECT ADDITIONS
The 2016 IS/MND evaluated the potential environmental impacts of the original project under
the 17 resource topics included in the CEQA Environmental Checklist. An examination of the
proposed additions shows that the updated project would have the potential to affect the
previous analysis for six of the 17 resource topics. Those six topics include air quality, biological
resources, cultural resources, geology and soils, greenhouse gas emissions, and noise. These six
resource topics are examined further in detail in this Addendum. For the remaining 11 resource
topics (aesthetics, agriculture and forestry resources, hazards and hazardous materials,
hydrology/water quality, land use/planning, mineral resources, population/housing, public
services, recreation, transportation/traffic, utilities/service systems), a brief explanation is
provided below as to why they do not need to be examined in detail.
Aesthetics
Incorporation of the water quality basin, improvements to the adjacent City of Brentwood
Sungold Park, and construction of the pedestrian bridge would not degrade the character of the
project area but instead would enhance the aesthetic quality of the area. As the Griffith parcel is
currently fallow and undeveloped, placing fill onto the parcel would not cause any significant
visual changes. The proposed temporary creek crossings would be in place only during
construction and the original channel conditions would be restored after the work is completed.
Therefore, the updated project would not result in new or more severe aesthetic impacts; no
further discussion in the Addendum is required.
Agriculture and Forestry Resources
The Farmland Mapping and Monitoring Program (FMMP) identifies the project site as Urban
and Built-Up Land1 (California Department of Conservation 2014) and thus, as with the original
project, the updated project would not result in the conversion of land designated either as
Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to non-agricultural
1 Land occupied by structures with a building density of at least 1 unit to 1.5 acres, or approximately 6 structures to a 10-
acre parcel. This land is used for residential, industrial, commercial, construction, institutional, public administration,
railroad and other transportation yards, cemeteries, airports, golf courses, sanitary landfills, sewage treatment, water
control structures, and other developed purposes.
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use. Therefore, the updated project would not result in new or more significant impacts on
farmland; no further discussion in the Addendum is required.
Hazards and Hazardous Materials
According to an EnviroStor database search for known hazardous materials contamination,
conducted on October 10, 2017, the project site is not located on a property associated with a
hazardous site listed under Government Code Section 65962.5, also known as the Cortese List
and thus as with the original project, the updated project would not create a significant hazard
to the public or the environment associated with a hazardous site listed under Government
Code Section 65962.5. Therefore the updated project would not result in new or more significant
impacts related to hazardous materials; no further discussion in the Addendum is required.
Hydrology/Water Quality
Similar to the original project, the updated project would be constructed over a period of
approximately two months during the dry season (between April and October) when creek
flows are low and the chance of precipitation is low. The updated project would be subject to
National Pollutant Discharge Elimination System (NPDES) requirements, and would be
required to develop and implement a Stormwater Pollution Prevention Plan (SWPPP). The
SWPPP would identify measures (or BMPs) to be implemented during construction activities to
control erosion and release of sediment and other pollutants. The SWPPP would also ensure
that construction activities would not cause an exceedance of the Central Valley Regional Water
Quality Control Board’s (RWQCB) water quality standards. The updated project would not
increase the amount of impervious surfaces over what was analyzed in the 2016 IS/MND.
Therefore, the updated project would not increase the volume of runoff. Additionally,
incorporation of the existing water quality basin would improve the water quality of Marsh
Creek. Thus, the updated project would not result in new or more significant impacts related to
hydrology and water quality; no further discussion in the Addendum is required.
Land Use and Planning
According to the City of Brentwood General Plan Land Use Map (2014), Marsh Creek is
mapped as a waterway, Sungold Park is designated as Park (P), and the Griffith parcel and the
area containing the water quality basin are designated as Residential-Low Density (R-LD). The
updated project would not change the existing or the designated land uses of the affected
parcels. Placing excavated fill onto the Griffith parcel would be consistent with the intended
land use of the parcel since it would be utilized for development of low density residential
housing. Utilizing the vacant and developed Griffith parcel as a temporary staging area would
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not result in adverse land use impacts. Thus, the updated project would not result in new or
more significant land use impacts; no further discussion in the Addendum is required.
Mineral Resources
There are no known mineral resources on the additional lands of the updated project site. No
mineral extraction occurs or is known to have occurred on the updated project site. Therefore,
the updated project would not result in new or more severe impacts related to mineral
resources; no further discussion in the Addendum is required.
Population/Housing, Public Services, Recreation, Transportation/Traffic, Utilities/Service
Systems
Incorporation of the water quality basin and the other proposed additions to the original project
would not increase the area population and thus would not result in an increased demand for
parks, public services, utilities, or energy resources nor result in increased traffic. The use of the
Griffith parcel for a staging area and placement of excavated materials would, in fact, reduce
vehicle trips during construction that would have resulted from traveling to a further staging
area or off-hauling of excavated materials under the original project. Thus, the updated project
would not result in new or more significant impacts related to any of these resource areas; no
further discussion in the Addendum is required.
The impacts of the updated project as they relate to air quality, biological resources, cultural
resources, geology and soils, greenhouse gas emissions, and noise are examined further in
detail below.
4.1 AIR QUALITY
4.1.1 Findings of the Adopted IS/MND
The 2016 IS/MND concluded that with mitigation, the original project would not result in
significant air quality impacts or conflict with existing or future air quality planning efforts as
follows:
Construction emissions associated with excavation activities of approximately 24,000
cubic yards of material and associated off-haul trips for the original project were
determined to be substantially below thresholds of significance for criteria pollutants.
However, construction would result in significant short-term air quality impacts
associated with particulate matter (dust). The 2016 IS/MND includes Mitigation Measure
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AIR-1 to reduce impacts from dust generated by project construction to a less than
significant level.
Due to the size and nature of the original project, the potential was low for community
health risk and hazards from construction-phase emissions of toxic air contaminants
(TACs). However, sensitive receptors such as residences and a daycare center are
located less than 50 feet, therefore the impact from TACs could be potentially significant
and Mitigation Measure AIR-2 was set forth to ensure the impact would be less than
significant. The daycare center has since been closed down and is no longer operating at
this site.
The impact from operational emissions of the original project would be less than
significant as the land use would remain the same and minimal vehicle trips would be
added related to monitoring and maintenance activities.
Construction and operation would not cause or be affected by odors with incorporation
of Mitigation Measure AIR-1 and AIR-2.
Increases in temporary and long-term air pollutant emissions due to the original project
would not result in a cumulatively considerable net increase of any of the pollutants for
which the project region is in nonattainment status for federal or state ambient air
quality standards with incorporation of Mitigation Measure AIR-1 and AIR-2.
4.1.2 Impact Analysis of Updated Project
The updated project would result in excavation of approximately 26,000 cubic yards of material,
2,000 cubic yards more than the original project. The original project planned for off-hauling the
excavated materials approximately 5 miles off-site to the Dutch Slough project site in Oakley,
but instead would be placed onto the adjacent Griffith parcel for the updated project.
Construction Phase Impacts
As stated above, the 2016 IS/MND found that construction phase emissions of the original
project would be substantially below thresholds of significance for criteria pollutants. Due to
the size and nature of the proposed small pedestrian bridge and up to six temporary creek
crossings as well as the placement of excavated materials on Griffith parcel, the incremental
emissions from additional construction activities would not be substantial enough to increase
the total criteria pollutant emissions such that they would exceed the thresholds of significance
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for criteria pollutants. Additionally, the 2016 IS/MND analysis of construction emissions
included emissions that would be generated from the hauling of excavated materials to a site 5
miles away. With the updated project, even though an additional 2,000 cubic yards of materials
would be excavated, instead of being off-hauled, all of the excavated materials would be
deposited onto the adjacent Griffith parcel. Thus, the incremental emissions from additional
excavation and ground disturbance would be offset by the elimination of off-hauling trips.
As with the original project, due to the scale and short duration of construction activities, there
would be a low community health risk and hazard from construction-phase emissions of TACs
associated with the updated project. However due to the proximity of sensitive receptors
(residences) near the water quality basin and park improvement sites, Mitigation Measure AIR-
2 would be implemented to ensure the impact would be less than significant.
In summary, the updated project would not substantially increase construction phase air
quality impacts above what was analyzed in the 2016 IS/MND and the same mitigation
measures would be implemented to ensure that the impact from the construction of the
updated project would be less than significant.
Operational Impacts
Similar to the original project, the updated project would result in no change in land use and no
significant permanent increase in vehicle trips. Therefore, similar to the conclusions of the 2016
IS/MND, operational emissions associated with the updated project would not change
substantially from existing conditions, and would not exceed the applicable BAAQMD
thresholds of significance for operational emissions. The impact from air pollutant emissions
during operation would be less than significant.
Finding: The potential impacts of the updated project related to air quality would be similar to
those analyzed in the 2016 IS/MND and no new or substantially increased substantially
significant impacts would result. Thus, similar to the original project, the updated project
would implement the mitigation measures for the original project to ensure construction-related
impacts are reduced to a less-than-significant level. No new mitigation is required.
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4.2 BIOLOGICAL RESOURCES
4.2.1 Findings of the Adopted IS/MND
The 2016 IS/MND concluded that with mitigation, the original project impacts would result in
less-than-significant impacts on biological resources as follows:
No special-status plant species are expected to occur on the project site due to the level
of disturbance, the types of soils, lack of suitable habitat or substrate, and geographic
isolation from known populations, and therefore, the impact was found to be less than
significant.
The potential exists for nine special-status wildlife species to occur on the project site
and numerous other bird species that are protected under the Migratory Bird Treaty Act
(MBTA) and California Fish and Game Code (CFGC) to be present – silvery legless
lizard, California red-legged frog, Pacific (western) pond turtle, Chinook salmon,
steelhead (Central Valley distinct population segment [DPS]), burrowing owl, white-
tailed kite, loggerhead shrike, Swainson’s hawk, and many other migratory bird species .
Implementation of Mitigation Measures BIO-1, BIO-2, and BIO-3 would reduce impacts
to a less-than-significant level.
Impact on sensitive natural communities and riparian habitat would be less than
significant.
Marsh Creek is expected to qualify as a water of the U.S. and a water of the State. Thus,
impacts would result to jurisdictional waters and Mitigation Measure BIO-4 would be
implemented to reduce the impact to less than significant.
Implementation of Mitigation Measure BIO-2 would ensure that temporary impacts to
wildlife movement would be less than significant.
Would not conflict with local policies, ordinances protecting biological resources, or
provisions of an adopted HCP/NCCP.
4.2.2 Impact Analysis of Updated Project
The updated project would have similar impacts as the original project. In August 2017, Wood
Biological Consulting performed a site reconnaissance survey of the additional areas of
disturbance for the updated project, including the water quality basin, the area where there
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would be improvements to Sungold Park, and the Griffith parcel as summarized below. The
survey report is on file with the District.
Special-Status Plant Species
The survey report concluded that there was potential of occurrence for two additional special-
status plant species based on an updated search of the California Natural Diversity Database
(CNDDB). Similar to the conclusions of the 2016 IS/MND, the survey report concluded that the
presence of all special‐status plants can be ruled out due to a lack of suitable habitat or
substrate, geographic isolation from known populations, or the fact that they would have been
detectable during the survey performed. Therefore, as with the original project, the updated
project would not result in an impact on special-status plant species.
Special-Status Wildlife Species
The survey report concluded that there was potential of occurrence for five additional special-
status wildlife species based on an updated search of the CNDDB. Similar to the conclusions of
the 2016 IS/MND, implementation of the updated project could affect four federally and/or state
listed, candidate or fully protected wildlife species including California red‐legged frog, Central
Valley steelhead, Swainson’s hawk, and white‐tailed kite, and five special‐status wildlife
species, including burrowing owl, Chinook salmon, loggerhead shrike, Pacific pond turtle, and
silvery legless lizard. Mitigation Measures BIO-1 through BIO-3 in the 2016 IS/MND would still
apply to the updated project to reduce the impact to a less-than-significant level.
Jurisdictional Waters
As noted in the 2016 IS/MND, Marsh Creek is expected to qualify as a water of the U.S. and a
water of the State and some of the modifications to Marsh Creek would affect jurisdictional
waters. Mitigation Measure BIO-4 is set forth to minimize the impact. Incorporation of the water
quality basin would not involve work in an area involving jurisdictional waters. The pedestrian
bridge would not impact the creek below the OHWM and it is anticipated that jurisdictional
waters would not be affected by the future bridge as it would be clear-span. Placement of
excavated materials on the Griffith parcel and using the parcel as a staging area would also not
affect jurisdictional waters. Work in the stream channel to install temporary creek crossings
could still result in a potential significant impact to jurisdictional waters. Similar to the original
project, Mitigation Measure BIO-4 would be implemented to ensure impacts to jurisdictional
waters would be reduced to a less-than-significant level.
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Wildlife Corridors
The 2016 IS/MND evaluated the potential for the original project to affect wildlife movement,
including the potential effects of work in the creek channel on fish movement. The culverts for
the proposed temporary land bridges would be positioned in the active channel. However, to
maintain channel flows, similar to the original project, Mitigation Measure BIO-4 will be
implemented which requires construction in the active channels to be restricted to the dry
season (April 15 through October 15). Thus, the culverts for the temporary creek crossings
would be installed during the dry season when there are no or low flows and the impact on
migratory fish would be less than significant. Furthermore, Mitigation Measure BIO-4 requires
all work within the stream channel to be subject to BMPs, which would ensure there would be
no release of sediment downstream.
Other Biological Resources
Due to the nature of the proposed project additions, the conclusions of the 2016 IS/MND would
remain the same for the updated project in regards to sensitive natural communities, local
policies or ordinances, and adopted HCP/NCCP. All impacts would be less than significant or
less than significant with implementation of applicable mitigation measures found in the 2016
IS/MND.
Finding: The potential impacts of the updated project on biological resources would be the
same as those analyzed in the 2016 IS/MND. As with the original project, the mitigation
measures listed in the 2016 IS/MND would be implemented to ensure impacts would be less
than significant. Therefore, no new or substantially increased significant impacts would result
from the updated project beyond those discussed in the 2016 IS/MND. No new mitigation is
required.
4.3 CULTURAL RESOURCES, INCLUDING TRIBAL CULTURAL RESOURCES
4.3.1 Findings of the Adopted IS/MND
The 2016 IS/MND concluded that with mitigation, the original project would not result in
significant impacts on cultural resources as follows:
The original project does not contain any historical resources.
With regard to archaeological resources, no recorded archaeological resources are
known from the project area and there is no evidence of prehistoric, historic deposits, or
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prehistoric cultural soils on the project site. However, the banks of Marsh Creek and
areas immediately adjacent to Marsh Creek are considered sensitive for prehistoric
archaeological deposits and human remains. Thus, Mitigation Measure CUL-1 was set
forth to reduce the impacts to unknown historic and prehistoric archaeological resources
and human remains to a less than-significant level.
Excavation on the project site could potentially unearth and inadvertently damage
paleontological resources. Mitigation Measure CUL-2 was set forth to reduce the impact
on paleontological resources to a less-than-significant level.
No known tribal cultural resources were identified through contacts with the Native
American tribes identified by Native American Heritage Commission (NAHC), and that
with implementation of Mitigation Measures CUL-1 and CUL-2, the original project
would not affect any unknown tribal cultural resources in the area and therefore, the
impact was less than significant.
4.3.2 Impact Analysis of Updated Project
The updated project includes the addition of 13.45 acres of land that abut the original project
footprint. William Self Associates (WSA) Staff Archaeologist Patrick Zingerella conducted a
pedestrian archaeological examination of the additional areas affected by the updated project
on August 28, 2017 (WSA 2017). The survey report is on file with the District. There are no
structures on the additional project lands. Therefore, there is no potential for the updated
project to affect historic resources. No prehistoric or historic deposits were observed and no
evidence of prehistoric cultural soils (midden) was observed during the archaeological survey.
Therefore, as with the original project, there would be no significant impacts on any known
archaeological resources due to the updated project. However, there would still be a potential to
encounter buried archaeological resources or human remains during excavation and grading
and Mitigation Measure CUL-1 would apply to the updated project to avoid a significant
impact on any resources that are encountered.
The District will need to obtain a permit from the U.S. Army Corps of Engineers (USACE) and
other applicable agencies for work within the creek. As part of the review process, the USACE
consults with applicable federal agencies. In conjunction with consultation with the State
Historic Preservation Office (SHPO), pursuant to Section 106 of the National Historic
Preservation Act, the SHPO recommended to the USACE to prepare a monitoring and post-
review discovery treatment plan consistent with 36 CFR 800.13(a). Mitigation Measure CUL-1
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required initial monitoring by a qualified archaeologist to determine an appropriate level of
monitoring for the duration of the project. Since receiving the response from the SHPO
requesting a monitoring and post-review discovery treatment plan, Mitigation Measure CUL-1
has been updated to be consistent with the direction provided by the SHPO. The updated
Mitigation Measure CUL-1 is presented below with the new text added to the mitigation
measure shown in double underline and deleted text shown in strikethrough. In addition,
Mitigation Measure CUL-2 would apply to the updated project to avoid a significant impact on
any paleontological resources that are encountered. Therefore, the updated project would not
significantly impact any known or unknown cultural resources in the area, including tribal
cultural resources, and there would be a less than significant impact.
Updated Mitigation Measure CUL-1:
To manage any discoveries during construction, all construction crew workers
shall following the procedures detailed in the Monitoring and Post Review
Discovery Treatment Plan for the Three Creeks Parkway Restoration Project,
Contra Costa County, California.
This document includes provisions for crew training, determines an appropriate
level of monitoring for the duration of the project, describes the identification of
archaeological resources, and the protocols to follow in the case of accidental
discoveries.
Crew training, initial monitoring by a qualified archaeologist to determine an
appropriate level of monitoring for the duration of the project, and additional
spot checks pending the results of the initial monitoring shall be conducted prior
to and during ground disturbing activities.
A qualified archaeologist shall be present on the project site to monitor ground
disturbing activities and inspect excavated soils to identify any cultural resources
and human remains as deemed appropriate by the qualified archaeologist.
All construction crew workers shall attend a training session led by a qualified
archaeologist that discusses (1) the reasons for archaeological resource
monitoring; (2) regulatory policies protecting resources and human remains; (3)
basic identification of archaeological resources; and (4) the protocol to follow in
case of a discovery of such resources.
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In accordance with CEQA Guideline §15064.5 (f), should any previously
unknown historic or prehistoric resources, including but not limited to charcoal,
obsidian or chert flakes, grinding bowls, shell fragments, bone, pockets of dark,
friable soils, glass, metal, ceramics, wood, privies, trash deposits or similar
debris, be discovered during ground disturbing activities, work within 25 feet of
these materials should be stopped until a qualified professional archaeologist has
an opportunity to evaluate the potential significance of the find and to consult
with the lead agency about what appropriate mitigation would be appropriate to
protect the resource.
In the event that human remains, or possible human remains, are encountered
during project-related ground disturbance, in any location other than a dedicated
cemetery, there shall be no further excavation or disturbance of the site or any
nearby area reasonably suspected to overlie adjacent remains until the coroner of
the county in which the human remains are discovered has determined, that the
remains are not subject to the provisions of Section 27492 of the Government
Code or any other related provisions of law concerning investigation of the
circumstances, manner and cause of death, and the recommendations concerning
treatment and disposition of the human remains have been made to the person
responsible for the excavation, or to his or her authorized representative, in the
manner provided in Section 5097.98 of the Public Resources Code.
The County Coroner, upon recognizing the remains as being of Native American
origin, is responsible to contact the NAHC within 24 hours. The Commission has
various powers and duties, including the appointment of a Most Likely
Descendant (MLD) to the project. The MLD, or in lieu of the MLD, and the
NAHC, have the responsibility to provide guidance as to the ultimate disposition
of any Native American remains.
Finding: The potential impacts of the updated project on cultural resources would be the same
as those analyzed in the 2016 IS/MND, because similar to the original project, the updated
project site has no structures that would be considered historic. The site is considered sensitive
for archaeological resources due to its location along Marsh, Sand, and Deer Creeks. As with the
original project, the mitigation measures listed above would be implemented to avoid
significant impacts on previously unknown archaeological resources, human remains, and
paleontological resources encountered during construction. With implementation of mitigation
measures above, the updated project would not affect any known tribal cultural resources.
Therefore, no new or substantially increased significant impacts on cultural and paleontological
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resources would result from the updated project beyond those discussed in the 2016 IS/MND.
No new mitigation is required.
4.4 GEOLOGY AND SOILS
4.4.1 Findings of the Adopted IS/MND
The 2016 IS/MND concluded that with mitigation, the original project would not result in
significant impacts related to geology and soils as follows:
Although the project site lies within a seismically active region, there are no known
active faults crossing the project site and the site is not located within an Earthquake
Fault Zone. Therefore, ground rupture is unlikely at the project site and the impact
would be less than significant.
The project site could experience ground shaking due to an earthquake of moderate to
high magnitude generated within the San Francisco Bay Region and there could be a
potentially significant impact. Implementation of Mitigation Measure GEO-1 would
reduce the potential for slope deformation in the event of an earthquake and a less than
significant impact from seismic ground shaking would occur. Implementation of
Mitigation Measure GEO-1 would also ensure that the impact from expansive soils
would be less than significant.
Impact from liquefaction would be less than significant and no impact from landsides
would occur.
Potential soil erosion from construction activities would be controlled with compliance
of the NPDES related to construction site runoff and therefore impacts would be less
than significant. Further, erosion would be reduced following project completion due to
project improvements such as restoration planting of the creek and water quality basin
and therefore would be less than significant. The 2016 IS/MND found that the project
site is not underlain by unstable soils and the impact would be less than significant.
No septic tanks or alternative wastewater disposal systems are included in the original
project, and there would be no impact.
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4.4.2 Impact Analysis of Updated Project
Similar to the original project, the updated project would implement Mitigation Measure GEO-
1, which would require all proposed improvements included in the updated project to be
constructed in compliance with recommendations specified in Section 3.3 of the Geotechnical
Report (ENGEO 2015; on file with the District). Implementation of Mitigation Measure GEO-1
would reduce impacts from seismic ground shaking and expansive soils to a less than
significant level. As mentioned above, a SWPPP would be implemented which would include
BMPs to control erosion and release of sediment and other pollutants from the project
additions. Thus, similar to the conclusions of the 2016 IS/MND, the impact related to soil
erosion during construction would be less than significant. All other impacts, similar to the
conclusions of the 2016 IS/MND, would be less than significant.
Finding: The potential impacts of the updated project related to geology and soils would be the
same as those analyzed in the 2016 IS/MND for the original project. The impacts would be less
than significant with the implementation of the recommendations specified in Mitigation
Measure GEO-1. Therefore, no new or substantially increased significant impacts would result
from the updated project beyond those discussed in the 2016 IS/MND. No new mitigation is
required.
4.5 GREENHOUSE GAS EMISSIONS
4.5.1 Findings of the Adopted IS/MND
The 2016 IS/MND concluded that the original project would not result in significant impacts
related to greenhouse gas (GHG) emissions as follows:
Estimation of greenhouse gas (GHG) emissions from operation of construction
equipment and from construction worker vehicles and haul truck trips would generate
approximately 44.6 MTCO2e during construction, which would not result in a significant
impact in global climate change.
The number of periodic vehicle trips for monitoring the success of the restoration
plantings and long-term creek maintenance would be minimal and would not
substantially increase operational GHG emissions and therefore impacts would be less
than significant.
Contra Costa County Flood Control and Water Conservation District 29 Addendum No. 1
and American Rivers Three Creeks Parkway Restoration Project MND
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4.5.2 Impact Analysis of Updated Project
Construction of the updated project would slightly increase GHG emissions above what was
analyzed in the 2016 IS/MND due to additional excavation and grading to incorporate the water
quality basin, improvements to Sungold Park, construction of a pedestrian bridge, and the
installation of up to six temporary creek crossings. However, GHG emissions would also
decrease as the excavated materials would be placed on the adjacent Griffith parcel and the
initially planned 5-mile off-haul trips would be eliminated. Therefore, similar to the conclusions
of the 2016 IS/MND, the impact of the updated project’s construction-phase GHG emissions
would remain less than significant. The impact from operational emissions of the updated
project would also remain unchanged from the previous analysis and would be less than
significant.
Findings: The potential impacts of the updated project-related to GHG emissions are similar to
those analyzed in the 2016 IS/MND. As with the original project, all impacts from GHG
emissions would be less than significant. Therefore, no new or substantially increased
significant impacts would result from the updated project beyond those discussed in the 2016
IS/MND. No new mitigation is required.
4.6 NOISE
4.6.1 Findings of the Adopted IS/MND
The 2016 IS/MND concluded that with mitigation, the original project would not result in
significant impacts related to noise and vibration as follows:
Noise from construction equipment could impact the surrounding residences, school
and daycare center, and park facilities that are located less than 50 feet from various
work areas along the creek section. The daycare center located adjacent to the project site
has since been closed down. With implementation of Mitigation Measure NOISE-1,
which requires compliance with the Brentwood Noise Ordinance and limits construction
activities to daytime hours, the impact would be less than significant.
Due to the nature of construction activities and the distance to the nearby receptors, the
impact from construction phase groundborne vibration would be less than significant.
There would be no increase in operational noise in the project area due to the original
project and a less-than-significant impact would occur.
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The original project is not located within two miles of any public airport or private
airstrip and would not expose people residing or working in the project area to excessive
noise levels.
4.6.2 Impact Analysis of Updated Project
Construction Noise Impacts
Construction noise due to the updated project would slightly increase above what was analyzed
in the 2016 IS/MND due to additional excavation and grading to incorporate the water quality
basin, improvements to Sungold Park, construction of a pedestrian bridge, the installation of up
to six temporary creek crossings, and the hauling of excavated materials to the Griffith parcel.
However, the noise increase would be minimal and would not significantly increase noise levels
above what was analyzed in the 2016 IS/MND. Furthermore, the updated project would
implement Mitigation Measure NOISE-1, and the impact from construction noise would remain
less than significant.
Similar to the original project, the updated project would not require pile-driving, blasting, or
other activities that could cause substantial groundborne vibration. Haul trucks could result in
some level of vibration while hauling materials to the Griffith parcel. However, the trucks
would not travel outside the project site on roadways that are adjacent to sensitive receptors.
Thus, similar to the conclusions of the 2016 IS/MND, the updated project would result in a less-
than-significant impact from groundborne vibrations.
Operational Noise Impacts
Impacts from operational noise of the updated project would remain the same as with the
original project and a less-than-significant impact would occur.
Finding: The potential noise impacts of the updated project are similar to those analyzed in the
2016 IS/MND for the original project. For reasons stated above, the updated project’s potential
impacts related to noise would be less than significant with mitigation measures incorporated.
Therefore, no new or substantially increased significant impacts would result from the updated
project beyond those discussed in the 2016 IS/MND. No new mitigation is required.
5.0 CONCLUSION
Based on the above analysis and discussion, no substantive revisions are needed to the 2016
IS/MND, because no new significant impacts or impacts of substantially greater severity would
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result from the construction and operation of the updated project. Furthermore, there have been
no changes in circumstances in the project area that would result in new significant
environmental impacts or substantially more severe impacts; and no new information has come
to light that would indicate the potential for new significant impacts or substantially more
severe impacts than were analyzed in the 2016 IS/MND. Therefore, no further evaluation is
required, and no Subsequent EIR is needed pursuant to State CEQA Guidelines Section 15162,
and an Addendum to an adopted negative declaration has therefore appropriately been
prepared, pursuant to Section 15164.
Pursuant to CEQA Guidelines § 15164(c), this Addendum will not be circulated for public
review, but will be included in the public record file for the project approval.
6.0 SUPPORTING INFORMATION SOURCES
City of Brentwood. 2014. General Plan, Land Use Map.
ENGEO. 2015. Geotechnical Exploration Three Creeks Parkway Restoration Project, Brentwood.
May 15.ENGEO
Impact Sciences. 2016. Three Creeks Parkway Restoration Project Initial Study/MND, SCH#
2016082008 August.
Walkling, Rich (Planning Director, Restoration Design Group). Personal communication with
Angela Pan (Impact Sciences). November 29, 2017.
Wood Biological Consulting. 2017. Biological Resource Assessment for the Three Creeks
Restoration Project at Marsh Creek. February 9, 2016, revised June 9, 2016, revise d
August 8, 2017.
WSA. 2017. Addendum to the Cultural Resources Assessment Report for the Three Creeks
Parkway Restoration Project. September.
7.0 ADDENDUM PREPARERS
Impact Sciences, Inc.
Principal: Shabnam Barati, Ph.D.
Project Manager: Angela Pan
Air Quality and GHG Analyst: Jared Jerome
Publications: Van Hoang
CONTRA COSTA COUNTY ADDENDUM FINDINGS
MITIGATED NEGATIVE DECLARATION
THREE CREEKS PARKWAY RESTORATION PROJECT
The following information is added to the previously adopted IS/MND and is presented
to comply with Section 15091 of the CEQA Guidelines for the IS/MND:
1. Environmental Effect: Modifications to the proposed project as described in this
Addendum are minor technical changes or additions to the project and, based on
the analysis in the Addendum, including the analysis of Air Quality, Biological
Resources, Cultural Resources, Geology/Soils, Greenhouse Gas Emissions and
Noise impact, will not result in any additional environmental effects not
previously discussed.
Findings: There are no significant environmental impacts associated with the
minor technical changes or additions for the proposed activity for which this
Addendum was prepared.
2. Statement of Facts:
a. The updated project to be developed pursuant to this Addendum to the
IS/MND for the Three Creeks Parkway Restoration Project is substantially
similar to the original project analyzed in the IS/MND.
b. The IS/MND for the Three Creeks Parkway Restoration Project consists of the
IS/MND, comments received, responses to the comments raised, and this
Addendum. The IS/MND was completed in compliance with CEQA.
c. There are no substantial changes in the updated project, pursuant to CEQA
Guidelines Section 15162 (a)(1), that require major revisions of the IS/MND
due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects.
The updated project is substantially similar to the original project analyzed in
the MND.
d. There are no substantial changes with respect to the circumstances, pursuant
to CEQA Guidelines Section 15162 (a)(2), under which the updated project is
undertaken which require major revisions of the previous IS/MND due to the
involvement of new significant environmental effects or a substantial increase
in the severity of previously identified significant effects. Those
circumstances remain substantially similar to the circumstances analyzed in
the IS/MND.
e. There is no new information of substantial importance, pursuant to CEQA
Guidelines Section 15162 (a)(3), which shows that the updated project will
have one or more significant effects not previously discussed in the IS/MND.
f. None of the conditions calling for the preparation of a subsequent or
supplemental EIR have occurred (see items 1 c - e above). Therefore, it is
appropriate to adopt this Addendum to the IS/MND to make the minor
technical changes and additions discussed in the Addendum (CEQA
Guidelines 15164). This Addendum shall be considered along with the
IS/MND prior to the Board of Supervisors making a decision on the minor
technical changes or additions to the project, and in considering these
changes or additions, the Board is considering the identical or substantially
similar underlying project.
The findings are supported by substantial evidence in the administrative record and are
based on the IS/MND for the Three Creeks Parkway Restoration Project, which was
subject to public review.
In accordance with CEQA Guidelines Section 15164(d), the County Board of
Supervisors shall consider this Addendum along with the IS/MND prior to making a
decision on the project. According to CEQA Guidelines Section 15164(c) an Addendum
does not require circulation for public review but can be included in or attached to the
Final IS/MND. This Addendum is attached to the Final IS/MND for the Three Creeks
Parkway Restoration Project (CP# 16-39; SCH# 2016082008).
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4.0 MITIGATION MONITORING AND
REPORTING PROGRAM
The California Environmental Quality Act (CEQA) requires that a Lead Agency establish a program to
monitor and report on mitigation measures adopted as part of the environmental review process to avoid
or reduce the severity and magnitude of potentially significant environmental impacts associated with
project implementation. CEQA (Public Resources Code Section 21081.6 (a) (1)) requires that a Mitigation
Monitoring and Reporting Program (MMRP) be adopted at the time that the public agency determines to
approve a project for which an EIR or a Negative Declaration (ND) has been prepared, to ensure that
mitigation measures identified in the EIR or ND are fully implemented.
The MMRP for the Three Creeks Parkway Restoration project is presented in Table 4.0-1, Mitigation and
Monitoring Reporting Program. Table 4.0-1 includes the full text of project-specific mitigation measures
identified in the Initial Study/Mitigated Negative Declaration and Addendum No. 1. The MMRP
describes implementation and monitoring procedures, responsibilities, and timing for each mitigation
measure, including:
Number: Identifies the number of the mitigation measure.
Mitigation Measure: Provides full text of the mitigation measure as provided in the final Initial
Study/Mitigated Negative Declaration and Addendum No. 1.
Monitoring/Reporting Action(s): Designates responsibility for implementation of the mitigation measure
and when appropriate, summarizes the steps to be taken to implement the measure.
Mitigation Timing: Identifies the stage of the project during which the mitigation action will be taken.
Monitoring Schedule: Specifies procedures for documenting and reporting mitigation implementation.
The Contra Cost County Flood Control and Water Conservation District and American Rivers may
modify the means by which a mitigation measure will be implemented, as long as the alternative means
ensure compliance during project implementation. The responsibilities of mitigation implementation,
monitoring, and reporting extend to several district departments and offices. The manager or department
lead of the identified unit or department will be directly responsible for ensuring the responsible party
complies with the mitigation. The Contra Costa County Flood Control and Water Conservation District is
responsible for the overall administration of the program and for assisting relevant departments and
project managers in their oversight and reporting responsibilities. The Contra Costa County Flood
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Control and Water Conservation District is also responsible for ensuring the relevant parties understand
their charge and complete the required procedures accurately and on schedule.
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Table 1
Mitigation Monitoring and Reporting Program
Number Mitigation Measure
Monitoring/Reporting
Action(s)
Mitigation
Timing
Monitoring
Schedule
AIR QUALITY
AIR-1: The construction contractor(s) shall implement the following BMPs
during project construction:
All exposed surfaces (e.g., parking areas, staging areas, soil
stockpiles, graded areas, and unpaved access roads) shall be
watered two times per day.
All haul trucks transporting soil, sand, or other loose material off -
site shall be covered.
All visible mud or dirt track-out onto adjacent public roads shall be
removed using wet power vacuum street sweepers at least once per
day. The use of dry power sweeping is prohibited.
All vehicle speeds on unpaved roads shall be limited to 15 mph.
All roadways, driveways, and sidewalks to be paved shall be
completed as soon as possible and feasible.
Idling times shall be minimized either by shutting equipment off
when not in use or reducing the maximum idling time to five
minutes (as required by the California airborne toxics control
measure Title 13, Section 2485 of California Code of Regulations
[CCR]). Clear signage shall be provided for construction workers at
all access points.
All construction equipment shall be maintained and properly tuned
in accordance with manufacturer’s specifications. All equipment
shall be checked by a certified mechanic and determined to be
Contra Costa County
Flood Control and Water
Conservation District
Include in construction
contract(s)
Monitor
compliance
during
construction
Confirm and
document during
construction
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running in proper condition prior to operation.
Post a publicly visible sign with the telephone number and person
to contact at the Lead Agency regarding dust complaints. This
person shall respond and take corrective action within 48 hours. The
Air District’s phone number shall also be visible to ensure
compliance with applicable regulations.
AIR-2: All diesel-powered off-road equipment larger than 50 horsepower and
operating on the site for more than two days continuously during the
duration of construction shall, at a minimum, meet U.S. EPA emissions
standards for Tier 2 engines or equivalent.
Contra Costa County
Flood Control and Water
Conservation District
Include requirement in
construction contract(s)
During
construction
Confirm and
document during
construction
BIOLOGICAL RESOURCES
BIO-1: To avoid and minimize impacts to California red-legged frog, Pacific
(Western) pond turtle, and silvery legless lizard during construction
activities, the project will implement the following measures:
1. Coverage under the HCP/NCCP. The project proponent shall apply
for coverage under the HCP/NCCP. Participation in the
HCP/NCCP, including implementation of appropriate avoidance
and minimization measures and payment of applicable fees would
provide the project proponent with incidental take coverage for
California red-legged frog, Pacific (Western) pond turtle, and silvery
legless lizard.
2. Seasonal Avoidance. If required by the Streambed Alteration
Agreement or Water Quality Certification, work shall be limited to
the dry season, from April 15 to October 15.
3. Minimize Nighttime Work. If required by the Streambed Alteration
Agreement or Water Quality Certification, nighttime construction
shall be restricted to avoid effects on nocturnally active species such
as California red-legged frog.
Contra Costa County
Flood Control and Water
Conservation District
File application, obtain
HCP/NCCP coverage, and
implement measures by
including them in the
construction contract(s)
Prior to start
and during
construction
Confirm and
document during
construction
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4. Environmental Awareness Program. Prior to the commencement of
construction activities, a qualified biologist shall present an
environmental awareness program to all construction personnel
working on site. At a minimum the training should include a
description of special-status species that could be encountered, their
habitats, regulatory status, protective measures, work boundaries,
lines of communication, reporting requirements, and the
implications of violations of applicable laws.
5. Wildlife Exclusion Fencing. Prior to the start of construction,
wildlife exclusion fencing (WEF) shall be installed as warranted and
consistent with the HCP/NCCP to isolate the work area from any
habitats potentially supporting special-status animals or through
which such species may move. The final project plans shall indicate
where and how the WEF is to be installed. The bid solicitation
package special provisions shall provide further instructions to the
contractor about acceptable fencing locations and materials. The
fencing shall remain throughout the duration of the work activities,
be regularly inspected and properly maintained by the contractor.
Fencing and stakes shall be completely removed following project
completion.
6. Best Management Practices (BMPs). Prior to the initiation of work,
BMPs shall be in place to prevent the release of any pollutants or
sediment into the creek, storm drains, or tributaries; all BMPs shall
be properly maintained. Leaks, drips, and spills of hydraulic fluid,
oil, or fuel from construction equipment shall be promptly cleaned
up to prevent contamination of water ways. All workers shall be
properly trained regarding the importance of preventing and
cleaning up spills of contaminants. Protective measures should
include, at a minimum: No discharge of pollutants from vehicle and
equipment cleaning should be allowed into any storm drains or
watercourses.
a. Spill containment kits should be maintained onsite at all times
during construction operations and/or staging or fueling of
equipment.
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b. Coir rolls or straw wattles should be installed along or at the
base of slopes during construction to capture sediment.
7. Erosion Control. Graded areas shall be protected from erosion using
a combination of silt fences, fiber rolls along toes of slopes or along
edges of designated staging areas, and erosion control netting (such
as jute or coir) as appropriate on sloped areas.
8. Construction Site Restrictions. The following site restrictions shall
be implemented to avoid adversely affecting sensitive habitats and
harm or harassment to listed species:
a. Any fill material shall be certified to be non-toxic and weed
free.
b. All food and food-related trash items shall be enclosed in
sealed trash containers and removed completely from the site at
the end of each day.
c. No pets from project personnel shall be allowed anywhere in
the project site during construction.
d. No firearms shall be allowed on the project site except for those
carried by authorized security personnel, or local, State or
Federal law enforcement officials.
e. All equipment shall be maintained such that there are no leaks
of automotive fluids such as gasoline, oils or solvents and a
Spill Response Plan shall be prepared. Hazardous materials
such as fuels, oils, solvents, etc. shall be stored in sealable
containers in a designated location that is isolated from
wetlands and aquatic habitats.
f. Servicing of vehicles and construction equipment including
fueling, cleaning, and maintenance should occur only at sites
isolated from any aquatic habitat unless separated by
topographic or drainage barrier or unless it is an already
existing gas station. Staging areas may occur closer to the
project activities as required.
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9. Proper Use of Erosion Control Devices. Plastic mono-filament
netting (e.g., that used with erosion control matting) or s imilar
material shall not be used within the project area; wildlife can
become entangled or trapped in such non-biodegradable materials.
Acceptable substitutes include coconut coir matting, tackified
hydroseeding, blown straw, or other organic mulching material.
10. Protocol for Species Observation – Pacific (Western) pond turtle and
silvery legless lizard. If a Pacific (Western) pond turtle or silvery
legless lizard is encountered in the project site, work in the area of
the finding must cease immediately until the animal either moves
out of harm’s way of its own accord or is safely relocated well
upstream or downstream of the project site. Only a qualified
biologist with a scientific collection permit issued by the CDFW may
handle and relocate Pacific (Western) pond turtle or silvery legless
lizard. Any sightings and relocation of Pacific (Western) pond turtle
and silvery legless lizard should be reported to the CDFW and the
CNDDB.
BIO-2: To minimize and avoid impacts to Chinook salmon and steelhead, the
following measures will be implemented:
1. Seasonal Avoidance. In-stream work shall be limited to June 1 to
October 31.
2. In-Stream Activities: If in-stream construction or dewatering is
required, the following precautionary measures should be
implemented:
a. A preconstruction survey of the aquatic environment shall be
performed by a qualified biologist.
b. A qualified biologist shall present an environmental awareness
program working on site.
c. A qualified biologist should monitor all in-stream activities.
d. If dewatering is proposed, a qualified biologist should monitor
the installation of coffer dams. During dewatering, a qualified
biologist should check for stranded aquatic wildlife.
Contra Costa County
Flood Control and Water
Conservation District
Retain qualified biologist
to implement the
measures.
Prior to start
and during
construction
Confirm and
document during
construction
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Dewatering pumps must be fitted with intake screens with a
mesh no greater than 5 mm (0.2 in) and BMPs will be installed
to minimize sediment transport during installation of coffer
dams.
e. Native species (non-special-status fish species) should be
relocated upstream or downstream of the cofferdams by a
permitted biologist. Non-native species should be euthanized
in accordance with the guidance of the CDFW. All wildlife
encounters should be documented and reported to the CDFW.
If listed salmonids are present, the NMFS shall be consulted to
determine the appropriate measures to ensure conformance
with ESA.
BIO-3: In order to avoid impacts to nesting Swainson’s hawk, white-tailed kite,
burrowing owl, loggerhead shrike, and other bird species protected
under the MBTA and CFGC during project implementation, the
measures outlined below shall be implemented.
1. Environmental Awareness Program. Prior to the commencement of
construction activities, a qualified biologist shall present an
environmental awareness program to all construction personnel
working on site. At a minimum the training shall include a
description of special-status species that could be encountered, their
habitats, regulatory status, protective measures, work boundaries,
lines of communication, reporting requirements, and the
implications of violations of applicable laws.
2. Swainson’s hawk is a federally listed threatened species and is
covered under the HCP/NCCP. Nonetheless, every effort should be
made to ensure that no take of Swainson’s hawk occurs. Therefore,
the measures outlined below should be implemented.
a. The project proponent should apply for coverage under the
HCP/NCCP. Participation in the HCP/NCCP would provide
the applicant with incidental take coverage for Swainson’s
hawk and satisfy any requirements for mitigation for loss of
habitat.
Contra Costa County
Flood Control and Water
Conservation District
Retain qualified biologist
to implement the
measures.
Prior to start
and during
construction
Confirm and
document during
construction
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b. Prior to any ground disturbance during the nesting season
(March 15-September 15), a qualified biologist shall conduct a
preconstruction survey no more than one month prior to
construction to determine if there are any active Swainson’s
hawk nests within 305 meters (1,000 feet) of the project site.
c. If there are no occupied nests within this buffer, no further
action is needed.
d. If an active nest is present within this buffer, the measures
outlined below shall be followed.
Construction activities are not permitted within 305 meters
(1,000 feet) of an occupied nest to prevent nest
abandonment. However, if site-specific conditions or the
nature of the activity warrant a small buffer, a qualified
biologist should coordinate with CDFW and USFWS to
determine the appropriate buffer size.
Construction activities may proceed prior to September 15
if the young Swainson’s hawks have fledged, as
determined by a qualified biologist.
3. White-tailed kite is a state-listed fully protected species; it is not
covered under the HCP/NCCP and incidental take of the species is
not allowed. To ensure that no take of white-tailed kite or other
migratory raptors occurs, the measures outlined below shall be
implemented.
a. Prior to any ground disturbance during the nesting season
(February 1-August 31), a qualified biologist shall conduct a
preconstruction survey no more than two weeks prior to
construction to determine if there are any active nests of white-
tailed kite or other migratory raptors within 76 meters (250 feet)
of the project site.
b. Prior to the removal or significant pruning of any trees, they
shall be inspected by a qualified biologist for the presence of
raptor nests. This is required during both the breeding season
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and non-breeding season. If a suspected raptor nest is
discovered, the CDFW shall be notified. Pursuant to CFGC
Section 3503.5, raptor nests, whether or not they are occupied,
may not be removed until approval is granted by the CDFW.
c. If there are no occupied nests within this buffer, no further
action is needed.
d. If an active nest is present within this buffer, the measures
outlined below shall be implemented.
Construction activities are not permitted within 76 meter
(250 feet) of an occupied nest to prevent nest
abandonment. However, if site-specific conditions or the
nature of the activity warrant a small buffer, a qualified
biologist should coordinate with the CDFW and/or USFWS
to determine the appropriate buffer size. Nest monitoring
may be warranted for activities that would occur within a
smaller buffer.
Construction activities may proceed prior to August 31 if
the young white-tailed kites or other raptor species have
fledged, as determined by a qualified biologist.
4. Burrowing owl is a State species of special concern and a covered
species under the HCP/NCCP. To ensure that no take of burrowing
owl occurs, the measures outlined below shall be implemented.
a. Prior to any ground disturbance during the nesting season
(February 1-August 31), a CDFW-approved biologist shall
conduct a preconstruction survey of all suitable burrowing owl
habitat that would be affected by the project. The survey shall
be performed no more than 30 days prior to construction to
determine if there are any active nests of burrowing owl within
153 m (500 ft) of the project site, access permitting.
b. If there are no occupied nests within this buffer, no further
action is needed.
c. If an active nest is present within this buffer, the measures
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outlined below shall be implemented.
If an occupied burrowing owl nest site is present within
the limits of work, construction may not proceed. The
taking of burrowing owls or occupied nests is proh ibited
under CFGC. Nest sites must be flagged and protected by a
designated disturbance-free buffer zone of at least 76
meters (250 feet).
Construction activities are not permitted within 76 meters
(250 feet) of an occupied nest to prevent nest
abandonment.
Construction may proceed if a qualified biologist monitors
the nest and determines that the adults have not begun
egg-laying and incubation or that the juveniles have
fledged.
Burrowing owls may be passively excluded from occupied
burrows outside of the breeding season (i.e., September 1-
January 31), in consultation with the CDFW. All owls
should be passively excluded from burrows within 49
meters (160 feet) of the work site. Passive exclusion is
achieved by installing one-way doors in the burrow
entrances. Doors should be in place for at least 48 hours
and the site should be monitored daily for at least one
week to confirm that the burrow has been abandoned.
5. Loggerhead shrike is a state species of special concern; it is not
covered under the HCP/NCCP and incidental take of the species is
not allowed. To ensure that no take of loggerhead shrike or any
other migratory passerines occurs, the measures outlined below
shall be implemented.
a. If ground-disturbing activities (i.e., site clearing, disking,
grading, etc.) can be performed outside of the nesting season
(i.e., between September 1 and January 31), no additional
surveys are warranted.
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b. Prior to any ground disturbance during the nesting season
(February 1-August 31), a qualified biologist should conduct a
preconstruction survey no more than two weeks prior to
construction to determine if there are any active nests of
loggerhead shrike or any other migratory passerines nests
within 30 meters (100 feet) of the project site.
c. If there are no occupied nests within this buffer, no further
action is needed.
d. If an active nest is present within this buffer, the following
measures shall be implemented.
Construction activities are not permitted within 30 meters
(100 feet) of an occupied nest to prevent nest
abandonment. However, if site-specific conditions or the
nature of the activity warrant a smaller buffer, a qualified
biologist should coordinate with the CDFW and USFWS to
determine the appropriate buffer size. Nest monitoring
may be warranted for activities that would occur within a
smaller buffer.
Construction activities may proceed prior to August 31 if
the young birds have fledged, as determined by a qualified
biologist.
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BIO-4: In order to avoid, minimize and compensate for unavoidable impacts on
waters of the U.S./waters of the State, the measures outlined below shall
be implemented.
1. Impacts on waters of the U.S. will be avoided by restricting grading to
an elevation above the OHWM; avoidance of impacts to waters of the
State is not feasible. Long-term impacts shall be minimized by limiting
the use of hardened structures (e.g., grouted riprap) in preference of
bio-engineering solutions as much as is practicable. Surface water
connections must not be permanently blocked or interrupted and the
installation of drop-structures or other features that create barriers to
wildlife movement shall be avoided.
2. Prior to construction, the project proponent will need to secure
authorization from the USACE, RWQCB, and CDFW in
conformance to the Clean Water Act and Lake and Streambed
Alteration Program.
3. Participation in the HCP/NCCP is expected to satisfy the requirements
of the regulatory agencies for compensatory mitigation for
unavoidable impacts on stream channels, wetlands and riparian
habitat. A Planning Survey Report shall be completed and submitted
to the East Contra Costa County Habitat Conservancy. The submittal
shall include detailed drawings illustrating all temporary and
permanent impacts.
4. Per the terms of the adopted HCP/NCCP, a wetland mitigation fee or
on-site habitat restoration will mitigate the impacts. If accepted by the
regulatory agencies, no additional mitigation for wetland impacts is
typically required. HCP/NCCP fee payment will occur at project
contract award.
5. For all work within and adjacent to the stream channel and riparian
habitat, best management practices (BMPs) must be incorporated into
the project design to minimize environmental effects. These include
the following:
Construction in the active channels shall be restricted to the dry
Contra Costa County
Flood Control and Water
Conservation District
Obtain permits; obtain
coverage under
HCP/NCCP; include
BMPs in construction
contract (s)
Prior to start
and during
construction
Confirm and
document during
construction
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season (April 15-October 15).
Personnel conducting ground-disturbing activities within or
adjacent to the buffer zone of wetlands, ponds, streams, or
riparian woodland/scrub shall be trained by a qualified
biologist in these avoidance and minimization measures and
the permit obligations.
If dewatering is necessary, water released downstream of work
areas must be as clean or cleaner than flows entering the work
area. Sediment-laden water shall be either pumped onto upland
sites for infiltration or into Baker tanks for settling, prior to
being released back into the channel. Coffer dams shall consist
of clean, silt-free sand or gravel in sand bags, or a comparable
material. All coffer dam materials must be promptly removed
when no longer needed.
High visibility temporary construction fencing should be
erected between the outer edge of the limits of construction and
adjacent streams or habitats to be preserved. Temporary
construction fencing will be removed upon the completion of
work.
Grading or construction near channels shall be isolated with silt
fencing or other BMPs to prevent sedimentation. BMPs shall be
regularly inspected.
Vehicles and equipment shall be parked on existing roads or
previously disturbed areas.
Equipment working in channels must be in good working order
and free of leaks of fuel, oil, and hydraulic fluids. Drip pans
shall be placed under vehicles and equipment over waterways
and spill clean-up materials should be kept onsite at a
convenient location.
Equipment maintenance and refueling shall be performed well
away from the top of bank of any channel; storm drain inlets
shall be protected from an accidental release of contaminants.
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Concrete washings or other contaminants must not be
permitted to enter the stream channel or any storm drain inlet.
Any concrete structures or cured-in-place pipe linings shall be
allowed to cure before coming in contact with surface flows.
Construction debris and materials shall be stockpiled away
from watercourses.
Appropriate erosion-control measures (e.g., coconut coir
matting, tackified hydroseeding, blown straw or other organic
mulching material) shall be used on site to reduce siltation and
runoff of contaminants into wetlands, ponds, streams, or
riparian woodland/scrub. Plastic mono-filament netting (e.g.,
that used with erosion control matting) or similar material
should not be used within the action area; wildlife can become
entangled or trapped such non-biodegradable materials.
Erosion-control measures shall be placed between the outer
edge of the buffer and the project site.
Fiber rolls used for erosion control shall be certified as free of
noxious weed seed.
Construction staging areas past the channel banks must be
located away from any wetlands or other sensitive habitats as
identified by a qualified biologist.
Newly graded earthen channel slopes shall be revegetated with
a native seed mix developed by a qualified restorationist. Seed
mixtures applied for erosion control shall not contain invasive
nonnative species, and be composed of native species or sterile
nonnative species. Straw or mulch shall also be applied to all
bare surfaces. The seed mix and mulch shall be applied prior to
the onset of the first winter-season rains.
Herbicide shall not be applied within 30 meters (100 feet) of
wetlands, ponds, streams, or riparian habitat. However, where
appropriate to control serious invasive plants, herbicides that
have been approved by the U.S. EPA for use in or adjacent to
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aquatic habitats may be used as long as label instructions are
followed and applications avoid or minimize impacts on
covered species and their habitats. In seasonal or intermittent
stream or wetland environments, appropriate herbicides may
be applied during the dry season to control nonnative invasive
species. Herbicide drift should be minimized by applying the
herbicide as close to the target area as possible and by avoiding
applying during windy days.
Additional measures may be outlined in the conditions of the
permits issued by the USACE, RWQCB, CDFW, and the
Habitat Conservancy. All permit conditions must be conformed
to.
CULTURAL RESOURCES
CUL-1: To manage any discoveries during construction, all construction
crew workers shall following the procedures detailed in the
Monitoring and Post Review Discovery Treatment Plan for the
Three Creeks Parkway Restoration Project, Contra Costa County,
California.
This document includes provisions for crew training, determines an
appropriate level of monitoring for the duration of the project,
describes the identification of archaeological resources, and the
protocols to follow in the case of accidental discoveries.Crew
training, initial monitoring by a qualified archaeologist to determine
an appropriate level of monitoring for the duration of the project,
and additional spot checks pending the results of the initial
monitoring shall be conducted prior to and during ground
disturbing activities.
A qualified archaeologist shall be present on the project site to
monitor ground disturbing activities and inspect excavated soils to
identify any cultural resources and human remains as deemed
Contra Costa County
Flood Control and Water
Conservation District
Retain qualified
archaeologist to
implement identified
measures; also include in
construction contract(s)
Prior to start
and during
construction
Confirm and
document during
construction
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appropriate by the qualified archaeologist.
All construction crew workers shall attend a training session led by
a qualified archaeologist that discusses (1) the reasons for
archaeological resource monitoring; (2) regulatory policies
protecting resources and human remains; (3) basic identification of
archaeological resources; and (4) the protocol to follow in case of a
discovery of such resources.
In accordance with CEQA Guideline §15064.5 (f), should any
previously unknown historic or prehistoric resources, including but
not limited to charcoal, obsidian or chert flakes, grinding bowls,
shell fragments, bone, pockets of dark, friable soils, glass, metal,
ceramics, wood, privies, trash deposits or similar debris, be
discovered during ground disturbing activities, work within 25 feet
of these materials should be stopped until a qualified professional
archaeologist has an opportunity to evaluate the potential
significance of the find and to consult with the lead agency about
what appropriate mitigation would be appropriate to protect the
resource.
In the event that human remains, or possible human remains, are
encountered during project-related ground disturbance, in any
location other than a dedicated cemetery, there shall be no further
excavation or disturbance of the site or any nearby area reasona bly
suspected to overlie adjacent remains until the coroner of the county
in which the human remains are discovered has determined, that
the remains are not subject to the provisions of Section 27492 of the
Government Code or any other related provisions of law concerning
investigation of the circumstances, manner and cause of death, and
the recommendations concerning treatment and disposition of the
human remains have been made to the person responsible for the
excavation, or to his or her authorized representative, in the manner
provided in Section 5097.98 of the Public Resources Code.
The County Coroner, upon recognizing the remains as being of
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Native American origin, is responsible to contact the NAHC within
24 hours. The Commission has various powers and duties,
including the appointment of a Most Likely Descendant (MLD) to
the project. The MLD, or in lieu of the MLD, the NAHC, has the
responsibility to provide guidance as to the ultimate disposition of
any Native American remains.
CUL-2: Prior to project construction, construction personnel shall be informed of
the potential for encountering significant paleontological resources. All
construction personnel shall be informed of the need to stop work in the
vicinity of a potential discovery until a qualified paleontologist has been
provided the opportunity to assess the significance of the find and
implement appropriate measures to protect or scientifically remove the
find. Construction personnel shall also be informed of the requirements
that unauthorized collection resources are prohibited.
Contra Costa County
Flood Control and Water
Conservation District
Include in construction
contract(s)
Prior to start of
construction
Confirm and
document during
construction
GEOLOGY AND SOILS
GEO-1 The proposed project shall comply with all recommendations specified
in Section 3.3 of the May 2015 Geotechnical Report prepared by ENGEO.
Contra Costa County
Flood Control and Water
Conservation District
Follow recommendations
of geotechnical report
During project
design, prior to
start of
excavation, and
during
construction
Document
compliance upon
completion of
construction
NOISE
NOISE-1 The project contractor shall ensure that construction activities shall be
limited to the hours set forth in Brentwood Municipal Code Section
9.32.050, as follows:
Outside Heavy Construction: Monday-Friday 8:00 AM to 5:00 PM
Saturday 9:00 AM to 4:00 PM
Contra Costa County
Flood Control and Water
Conservation District
Include in construction
contract(s)
During
construction
Document
compliance
during
construction
Addendum No. 2
Three Creeks Parkway Restoration Project
Mitigated Negative Declaration
The following Addendum has been prepared in compliance with CEQA.
Prepared for:
Contra Costa County Flood Control and Water Conservation District (Project Applicant)
255 Glacier Drive
Martinez, CA 94553
and
American Rivers
2150 Allston Way, Suite 320
Berkeley, CA 94704
Prepared by:
Impact Sciences, Inc.
505 14th Street, Suite 1230
Oakland, California 94612
and
Contra Costa County Public Works Department
255 Glacier Drive
Martinez, CA 94553
Contact: Claudia Gemberling
(925) 313-2192
September 2019
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Contra Costa County Flood Control District and Water Conservation District Addendum No. 2
and American Rivers Three Creeks Parkway Restoration Project IS/MND
County Project No.: 16-39 September 2019
TABLE OF CONTENTS
Section Page
1.0 Introduction ..................................................................................................................................... 1
2.0 Purpose of Addendum ..................................................................................................................... 1
3.0 Project Description .......................................................................................................................... 3
4.0 Environmental Impacts of the Proposed Project Additions .......................................................... 11
5.0 Conclusion ...................................................................................................................................... 24
6.0 Supporting Information Sources .................................................................................................... 25
7.0 Addendum Preparers ..................................................................................................................... 25
LIST OF FIGURES
Figure Page
1 Proposed Project Additions ............................................................................................................. 4
2 Lower Reach Improvements ............................................................................................................ 6
3 Incorporation of Water Quality Basin and Improvements to Sungold Park .................................... 7
4 Middle Reach Improvements ........................................................................................................... 8
5 Grifith Parcel Section ....................................................................................................................... 9
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Contra Costa County Flood Control District and Water Conservation District Addendum No. 2
and American Rivers Three Creeks Parkway Restoration Project IS/MND
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1.0 INTRODUCTION
This Addendum (Addendum #2) and attached supporting documents have been prepared to document
that the previously adopted Mitigated Negative Declaration (State Clearinghouse No. 2016082008) and
Addendum #1 for the Three Creeks Parkway Restoration project adequately addresses the potential
environmental impacts of the updated Three Creeks Parkway Restoration project, proposed by American
Rivers and Contra Costa County Flood Control and Water Conservation District (“the District” or
“CCCFCWCD”), pursuant to the California Environmental Quality Act (CEQA) (Pub. Resources Code, Section
21000, et seq.), and that no subsequent or supplemental environmental document is required.
2.0 PURPOSE OF ADDENDUM
CEQA requires local governments to conduct environmental review on public and private development
projects. On September 27, 2016, on the basis of an Initial Study that was prepared and circulated for 30-
days, pursuant to Section 15063 of the CEQA Guidelines (Title 14, California Code of Regulations, Sections
15000 et seq.) the Contra Costa County Board of Supervisors adopted a Mitigated Negative Declaration
for the Three Creeks Parkway Restoration project (“2016 IS/MND” which is on file with the District). The
Three Creeks Parkway Restoration Project is a project that is jointly proposed by the District for flood
protection and American Rivers, a national non-profit organization that protects wild rivers, restores
damaged rivers and conserves clean water for people and nature. The project evaluated in the Mitigated
Negative Declaration and associated Initial Study involved an approximately 4,000 linear feet section of
Marsh Creek located in Brentwood and included the improvement of flood conveyance capacity by
widening the channel with a floodplain and floodplain benches and restoration of native vegetation of the
creek banks and floodplain. Although the MND was adopted by the County Board of Supervisors on
September 27, 2016, the project was not approved at that time (attached).
Subsequent to the adoption of the 2016 IS/MND, American Rivers and the District proposed a few
additions to the previously evaluated Three Creeks Parkway Restoration project (“original project”). These
included: (1) the incorporation of an existing water quality basin adjacent to the lower reach of Marsh
Creek and improvements to the adjacent City of Brentwood Sungold Park, (2) the use of an adjoining
parcel adjacent to the middle reach as a staging area and to place excavated materials, (3) the construction
of a clear-span pedestrian bridge, and (4) the use of creek crossings during construction. These proposed
additions included a total of approximately 16 acres on four parcels that abut the original project area for
the evaluation of the updated project. These additions were evaluated in an addendum (Addendum #1).
The original project and Addendum #1 was approved by the Contra Costa County Board of Supervisors on
March 27, 2018 (attached).
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Contra Costa County Flood Control District and Water Conservation District Addendum No. 2
and American Rivers Three Creeks Parkway Restoration Project IS/MND
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The purpose of Addendum #2 is to identify and analyze potential impacts of the following project
components that were not specifically identified and described in the project description of the 2016
IS/MND and Addendum #1 (2017) as well as incorporation of additional project features: (1) the
abutments for the proposed pedestrian bridge identified in Addendum #1 and spur trail from the Marsh
Creek Regional Trail to the proposed pedestrian bridge, (2) incorporation of a City of Brentwood-owned
parcel for a future pocket park (Dainty Triangle Park), and (3) permanent property acquisitions for the
project features identified in the 2016 IS/MND and Addendum #1 and this Addendum. Other property
transactions not identified at this time may be required to accommodate this project.
CEQA Guidelines Section 15164(b) states that an addendum to an adopted negative declaration may be
prepared if only minor technical changes or additions are necessary or none of the conditions described
in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred.
CEQA Guidelines Section 15162(a) provides guidance in this matter and states that when “an EIR has been
certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that
project unless the lead agency determines, on the basis of substantial evidence in the light of the whole
record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions of the
previous EIR or negative declaration due to the involvement of new significant environmental
effects or a substantial increase in the severity of previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which the project is
undertaken which will require major revisions of the previous EIR or Negative Declaration due to
the involvement of new significant environmental effects or a substantial increase in the severity
of previously identified significant effects; or
(3) New information of substantial importance, which was not known and could not have been
known with the exercise of reasonable diligence at the time the previous EIR was certified as
complete or the Negative Declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR
or negative declaration;
(B) Significant effects previously examined will be substantially more severe than shown
in the previous EIR;
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Contra Costa County Flood Control District and Water Conservation District Addendum No. 2
and American Rivers Three Creeks Parkway Restoration Project IS/MND
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(C) Mitigation measures or alternatives previously found not to be feasible would in fact
be feasible, and would substantially reduce one or more significant effects of the project,
but the project proponents decline to adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably different from those
analyzed in the previous EIR would substantially reduce one or more significant effects on
the environment, but the project proponents decline to adopt the mitigation measure or
alternative.”
CEQA Guidelines Section 15164(d) provides that the decision-making body shall consider the addendum
in conjunction with the adopted negative declaration prior to making a decision on the project.
Based on the analysis in this Addendum, the District concludes that these project components would not
result in any new significant adverse impacts, nor an increase in the severity of significant adverse impacts
previously identified in the 2016 IS/MND for the original project and Addendum #1 for the project
updates. Nor would the revised project require the adoption of any new or considerably different
mitigation measures or alternatives. Therefore, this Addendum is the appropriate form of environmental
review required under CEQA and has been prepared to satisfy the requirements of CEQA Guidelines
Sections 15164 and 15162.
3.0 PROJECT DESCRIPTION
3.1 Summary of the Original Project
As noted above, the District prepared an Initial Study for the Three Creeks Parkway Restoration project in
2016 and adopted a MND for the multi-benefit flood control and creek restoration project. The previously
analyzed project proposed to improve flood conveyance capacity and restore native vegetation along an
approximately 4,000 linear feet section of Marsh Creek located in Brentwood. The project included
widening the channel with a floodplain and floodplain benches and planting with native vegetation. When
implementation is complete, the original project would include up to 1.0 acres of frequently inundated
floodplain (seasonal wetland), 1.87 acres of woody riparian vegetation, and 1.87 acres of grasslands and
native scrub. The original project would also enhance habitat and recreation within the watershed.
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Contra Costa County Flood Control District and Water Conservation District Addendum No. 2
and American Rivers Three Creeks Parkway Restoration Project IS/MND
County Project No.: 16-39 September 2019
3.2 Proposed Additions to the Original Project
3.2.1 Addendum #1
The District and American Rivers propose to revise the original project to incorporate an existing water
quality basin into the project, use an adjoining parcel as a staging area and to place excavated materials,
construct a pedestrian bridge across Marsh Creek, and to use temporary creek crossings during
construction as shown in Figure 1 and detailed in Addendum #1 (attached).
3.2.2 Addendum #2
The District and American Rivers propose additional features to revise the original project to incorporate
(1) the bridge abutments for the pedestrian bridge identified in the proposed additions in Addendum #1
and a bridge spur trail that will extend from the Marsh Creek Trail to the east side of the pedestrian bridge;
(2) the inclusion of a vacant parcel owned by the City of Brentwood for a future pocket park (Dainty
Triangle Park); and 3) permanent property acquisitions for the additions in Addendum #1 and Addendum
#2. The additions are shown in Figures 1 – 4 and detailed below.
Lower Reach
Permanent Property Acquisitions
Carmel Estates Water Quality Basin (Carmel Homeowners Association): Addendum #1 identified the
addition of the adjacent 0.7 acre linear water quality basin owned and operated by the Carmel Estate
Homeowners Association (APN 017-670-040) to allow flood waters from the creek to spill into the basin
as needed by lowering the eastern berm of the basin and planting native vegetation. Since then it was
determined that the District would purchase the basin in fee for the improvements and long-term
maintenance (Figure 2).
Sungold Park (City of Brentwood): Addendum #1 also identified construction of a new trail which would
also serve as a District maintenance access road within the adjacent City of Brentwood-owned Sungold
Park (017-670-039, 017-450-065) along with other greenway amenity improvements. The area of
improvements would be approximately 3.25 acres. Since then it was determined that the District would
secure a permanent access easement over a 600-foot linear segment of the public trail that occurs within
APN 017-670-039 and 017-450-065 (Figure 2).
Marsh Creek Trail from Union Pacific Railroad to Sand Creek (City of Brentwood): The District proposes to
secure a permanent access easement over a 1,800-foot linear segment of the public trail within APNs
017-690-092, 017-690-093, 017-680-077 (Figure 2).
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Contra Costa County Flood Control District and Water Conservation District Addendum No. 2
and American Rivers Three Creeks Parkway Restoration Project IS/MND
County Project No.: 16-39 September 2019
Middle Reach
Permanent Property Acquisitions
DLT Ventures (Hancock) Parcel: The 2016 IS/MND identified the widening of the Marsh Creek channel
along the undeveloped 10-.2 acre Griffith parcel (also referred to as DLT Ventures or Hancock parcel) (APN
017-110-011) (Figure 3). Since then it was determined that the District would purchase a portion of the
parcel along Marsh Creek (approximately 20,715 square feet) in fee to accommodate the channel
widening.
Bridge Abutments and Bridge Spur Trail
Concrete bridge abutments and associated wingwalls would need to be constructed on both sides of the
creek to support the clear-span pedestrian bridge. In addition, site boulders would be added at the
wingwalls. A paved spur trail would also be constructed from the existing Marsh Creek Trail to the east
side of the pedestrian bridge (Figure 3). A temporary pedestrian guardrail would also be added to the
abutment if the pedestrian bridge is not constructed at the same time for pedestrian safety.
Upper Reach
Permanent Property Acquisitions
Marsh Creek Trail from Deer Creek to Dainty Avenue (City of Brentwood): The District proposes to secure
a permanent access easement over a 1,050-foot linear segment of the public trail within APNs 017-210-
029 and 017-201-038 (Figure 4).
Dainty Triangle Park
The City of Brentwood owns a triangular-shaped undeveloped parcel at the northeast corner of Central
Boulevard and Dainty Avenue (APN 017-260-080) (Figure 4). The parcel consists of sparse trees and
ruderal grassland. The parcel will be graded to accommodate a future park with a concrete pathway,
benches, interpretive educational signs, community board, rain garden, and native trees and lower
vegetation. The existing chain-linked fences and footings will be removed. Existing oak trees will be
protected in place as well as the existing irrigation system for the future park as well as other underground
utilities. The City of Brentwood would maintain this park.
The proposed additions would not affect the duration of project construction; as with the original project,
the updated project would still be constructed over a period of approximately two to three months during
the dry season (between April and October) when creek flows are low and the chance of precipitation is
low. Plant restoration would occur afterwards (i.e., November to February).
LOWER REACH
(UPRR to Sand Creek)
Restoration Design Group, Inc. 2017
MIDDLE REACH
(Deer Creek to Sand Creek)
UPPER REACH
(Deer Creek to Dainty Avenue)RTHREE CREEKS PARKWAY RESTORATION PROJECT
11.30.17
Trail
Future City Trail*
Existing Sewer
Parcel
CCCFCD Parcel
HCP Setback for buffer
Proposed Retaining Wall
Cross Section
Temp Earthern Crossing
Proposed Floodplain
Proposed Creek Bank
Staging and Stockpile
Area
* - Per City of Brentwood
Parks, Trails & Recreation
Master Plan
Temporary Crossings are
shown schematically. Actual
Crossing locations, number,
and design shall be determined
by contractor and shall adhere
to all applicable permit require-
ments and conditions. Final
temporary crossing plan shall
be approved by the O.R. Prior
to start of construction
**
**
-80’80’ 160’0’
RDG
Proposed Project Additions
FIGURE 1
1273.001•12/17
SOURCE: Restoration Design Group, Inc. 2017
Lower Reach Improvements
FIGURE 2
SOURCE: Restoration Design Group, Inc. 2017
1273.001•12/17
Middle Reach Improvements
FIGURE 4
1273.001•12/17
SOURCE: Restoration Design Group, Inc. 2017
Dainty AveCentral BlvdMDEER CREEK358+00
365+50
Retaining Wall
369+00
371+00
Trail
Proposed Trail
Existing Sewer
Parcel
CCCFCD Parcel
HCP Setback for buffer
Proposed Retaining Wall
Cross Section
Proposed Floodplain
Proposed Creek Bank
Upper Reach Improvements
FIGURE 4
SOURCE: Restoration Design Group, Inc. 2016
1273.001-08/16
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4.0 ENVIRONMENTAL IMPACTS OF THE PROPOSED PROJECT ADDITIONS
The 2016 IS/MND evaluated the potential environmental impacts of the original project under the 17
resource topics included in the CEQA Environmental Checklist. Since then, the CEQA Guidelines were
updated in December 2018, which included two additional topics: Energy and Wildfire. An examination of
the proposed additions show that the updated project would have the potential to affect the previous
analysis for six of the 17 resource topics. Those six topics include air quality, biological resources, cultural
resources, geology and soils, greenhouse gas emissions, and noise. These six resource topics are examined
further in detail in this Addendum. For the remaining 13 resource topics (aesthetics, agriculture and
forestry resources, energy, hazards and hazardous materials, hydrology/water quality, land use/planning,
mineral resources, population/housing, public services, recreation, transportation/traffic, utilities/service
systems, wildfire), a brief explanation is provided below as to why they do not need to be examined in
detail. Since the
Aesthetics
Incorporation of the bridge abutments and spur trail for the pedestrian bridge, inclusion of a vacant parcel
for a future pocket park (Dainty Triangle Park), and permanent property acquisitions would not degrade
the character of the project site but instead would be expected to enhance the aesthetic quality of the
site. Therefore, the updated project would not result in new or more severe aesthetic impacts; no further
discussion in the Addendum is required.
Agriculture and Forestry Resources
The Farmland Mapping and Monitoring Program (FMMP) identifies the project site as Urban and Built-Up
Land1 (California Department of Conservation 2018) and thus, as with the original project, the updated
project would not result in the conversion of land designated either as Prime Farmland, Unique Farmland,
or Farmland of Statewide Importance to non-agricultural use. Therefore, the updated project would not
result in new or more severe impacts on farmland; no further discussion in the Addendum is required.
Energy
The Project will not result in potentially significant environmental impact due to wasteful, inefficient, or
unnecessary consumption of energy resources once constructed nor conflict with or obstruct a state or
1 Land occupied by structures with a building density of at least 1 unit to 1.5 acres, or approximately 6 structures to a 10-acre
parcel. This land is used for residential, industrial, commercial, construction, institutional, public administration, railroad and
other transportation yards, cemeteries, airports, golf courses, sanitary landfills, sewage treatment, water control structures,
and other developed purposes.
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local plan for renewable energy or energy efficiency. Project construction will result in an incremental
increase in energy usage associated with construction equipment (i.e. fuel in vehicles and power
generators). However, energy usage during construction would be minimal and would not require
excessive amounts of wasteful usage of energy. Therefore, project impacts will be less than significant.
Hazards and Hazardous Materials
An updated search of the EnviroStor and GeoTracker databases for sites with known hazardous materials
contamination did not identify the project site under Government Code Section 65962.5, also known as
the Cortese List and thus as with the original project, the updated project would not create a significant
hazard to the public or the environment associated with a hazardous site listed under Government Code
Section 65962.5. Further, as with the original project, the updated project would not 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, emit hazardous emissions or handle
hazardous or acutely hazardous materials, substances or waste within one-quarter mile of an existing or
proposed school, within two miles of a public airport or public use airport, result in a safety hazard or
excessive noise for people residing or working in the project area, impair implementation of or physically
interfere with an adopted emergency response plan or emergency evacuation plan, expose people or
structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires.
Therefore, the updated project would not result in new or more severe impacts related to hazardous
materials; no further discussion in the Addendum is required.
Hydrology/Water Quality
Similar to the original project, the updated project would be constructed over a period of approximately
two months during the dry season (between April and October) when creek flows are low and the chance
of precipitation is low. The updated project would be subject to National Pollutant Discharge Elimination
System (NPDES) requirements, and would be required to develop and implement a Stormwater Pollution
Prevention Plan (SWPPP). The SWPPP would identify measures (or Best Management Practices [BMPs])
to be implemented during construction activities to control erosion and release of sediment and other
pollutants such as the installation of the abutments and spur trail and grading the future Dainty Triangle
Park parcel. The SWPPP would also ensure that construction activities would not cause an exceedance of
the Central Valley Regional Water Quality Control Board’s (RWQCB) water quality standards. The updated
project would not increase the amount of impervious surfaces over what was analyzed in the 2016
IS/MND. Therefore, the updated project would not increase the volume of runoff. Additionally,
incorporation of the permanent property acquisitions would have no physical impact. Thus, the updated
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project would not result in new or more significant impacts related to hydrology and water quality; no
further discussion in the Addendum is required.
Land Use and Planning
Within the project site, Marsh Creek is mapped as a waterway and the future Dainty Triangle Park parcel
is designated as Residential-Low Density (R-LD) in the General Plan. While the Dainty Triangle Park parcel
will not be developed with low-density residential development, the City of Brentwood Council and the
Parks and Recreation Department determined that the project is consistent with the guidelines in the
City’s General Plan (2014) and the Parks, Trails and Recreation Master Plan (2002) (City of Brentwood
2018). And, as discussed for the original project, the project is located within the East Contra Costa County
Habitat Conservation Plan/Natural Community Conservation Plan. While the Dainty Triangle Park is an
additional area of impact, the project is a self-mitigating project and will provide overall wildlife habitat
enhancement. Therefore, the project will be mitigated accordingly in coordination with the East Contra
Costa County Habitat Conservancy. Thus, the updated project would not result in new or more significant
land use impacts; no further discussion in the Addendum is required.
Mineral Resources
There are no known mineral resources on the additional lands of the updated project site. No mineral
extraction occurs or is known to have occurred on the updated project site. Therefore, the updated project
would not result in new or more severe impacts related to mineral resources; no further discussion in the
Addendum is required.
Population/Housing, Public Services, Recreation, Transportation/Traffic, Utilities/Service Systems
Incorporation of the additional features would not increase the area population and thus would not result
in an increased demand for parks, public services, utilities, or energy resources nor result in increased
traffic. Thus, the updated project would not result in new or more significant impacts related to any of
these resource areas; no further discussion in the Addendum is required.
Wildfire
The project is located in a Non-Very Fire Hazard Severity Zone and is designated as a Local Responsibility
Area (CalFire 2009). The project will not substantially impair an adopted emergency response plan or
emergency evacuation plan, expose occupants to pollutant concentrations from a wildfire or the
uncontrolled spread of a wildfire, 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 , expose people or
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structures to significant risks, including downslope or downstream flooding or landslides, as a result of
runoff, post-fire slope instability, or drainage changes as the project will not change the existing use of
the site. While unlikely, there is the potential that construction activities may result in an unanticipated
fire. The construction contractor will have fire extinguishers on site and if necessary will notify the local
fire department. The local fire department will also be notified of when project construction will begin.
Therefore, project impacts would be less than significant.
The impacts of the updated project as they relate to air quality, biological resources, cultural resources,
geology and soils, greenhouse gas emissions, and noise are examined further in detail below.
4.1 AIR QUALITY
4.1.1 Findings of the Adopted IS/MND
The 2016 IS/MND and Addendum #1 concluded that with mitigation, the original project would not result
in significant air quality impacts or conflict with existing or future air quality planning efforts as follows:
Construction emissions associated with excavation activities of approximately 26,000 cubic yards
of material and associated off-haul trips for the original project were determined to be
substantially below thresholds of significance for criteria pollutants. However, construction would
result in significant short-term air quality impacts associated with particulate matter (dust). The
2016 IS/MND includes Mitigation Measure AIR-1 to reduce impacts from dust generated by
project construction to a less than significant level.
Due to the size and nature of the original project, the potential was low for community health risk
and hazards from construction-phase emissions of toxic air contaminants (TACs). However,
sensitive receptors such as residences and a daycare center are located less than 50 feet,
therefore the impact from TACs could be potentially significant and Mitigation Measure AIR-2 was
set forth to ensure the impact would be less than significant. The daycare center has since been
closed down and is no longer operating at this site.
The impact from operational emissions of the original project would be less than significant as the
land use would remain the same and minimal vehicle trips would be added related to monitoring
and maintenance activities.
Construction and operation would not cause or be affected by odors with incorporation of
Mitigation Measure AIR-1 and AIR-2.
Increases in temporary and long-term air pollutant emissions due to the original project would
not result in a cumulatively considerable net increase of any of the pollutants for which the project
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region is in nonattainment status for federal or state ambient air quality standards with
incorporation of Mitigation Measure AIR-1 and AIR-2.
4.1.2 Impact Analysis of Updated Project
The updated project would result in grading of the Dainty Triangle parcel for a future park. However, no
off-hauling would occur and grading would be minimal in comparison to the overall project especially with
off-hauls being reduced to the adjacent Griffith parcel rather than off-site at a distance.
Construction Phase Impacts
As stated above, the 2016 IS/MND found that construction phase emissions of the original project would
be substantially below thresholds of significance for criteria pollutants. Due to the size and nature of the
proposed abutments and spur trail as well as the grading on the Dainty Triangle parcel, the incremental
emissions from additional construction activities would not be substantial enough to increase the total
criteria pollutant emissions such that they would exceed the thresholds of significance for criteria
pollutants. Additionally, the 2016 IS/MND analysis of construction emissions included emissions that
would be generated from the hauling of excavated materials to a site 5 miles away. With the updated
project, any excavation for the Dainty parcel would be deposited onto the adjacent Griffith parcel. Thus,
the incremental emissions from additional excavation and ground disturbance would be offset by the
elimination of off-hauling trips.
As with the original project, due to the scale and short duration of construction activities, there would be
a low community health risk and hazard from construction-phase emissions of TACs associated with the
updated project. However due to the proximity of sensitive receptors (residences) near the pedestrican
bridge and Dainty Triangle parcel, Mitigation Measure AIR-2 would be implemented to ensure the impact
would be less than significant.
In summary, the updated project would not substantially increase construction phase air quality impacts
above what was analyzed in the 2016 IS/MND and the same mitigation measures would be implemented
to ensure that the impact from the construction of the updated project would be less than significant.
Operational Impacts
Similar to the original project, the updated project would result in no change in land use and no significant
permanent increase in vehicle trips. Therefore, similar to the conclusions of the 2016 IS/MND, operational
emissions associated with the updated project would not change substantially from existing conditions,
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and would not exceed the applicable BAAQMD thresholds of significance for operational emissions. The
impact from air pollutant emissions during operation would be less than significant.
Finding: The potential impacts of the updated project related to air quality would be similar to those
analyzed in the 2016 IS/MND and no new or substantially increased substantially significant impacts would
result. Thus, similar to the original project, the updated project would implement the mitigation measures
for the original project to ensure construction-related impacts are reduced to a less-than-significant level.
No new mitigation is required.
4.2 BIOLOGICAL RESOURCES
4.2.1 Findings of the Adopted IS/MND
The 2016 IS/MND concluded that with mitigation, the original project impacts would result in less-than-
significant impacts on biological resources as follows:
The potential exists for nine special-status wildlife species to occur on the project site and
numerous other bird species that are protected under the Migratory Bird Treaty Act (MBTA) and
California Fish and Game Code (CFGC) to be present – silvery legless lizard, California red-legged
frog, Pacific (western) pond turtle, Chinook salmon, steelhead (Central Valley distinct population
segment [DPS]), burrowing owl, white-tailed kite, loggerhead shrike, Swainson’s hawk, and many
other migratory bird species. Implementation of Mitigation Measures BIO-1, BIO-2, and BIO-3
would reduce impacts to a less-than-significant level.
Impact on sensitive natural communities and riparian habitat would be less than significant.
Marsh Creek is expected to qualify as a water of the U.S. and a water of the State. Thus, impacts
would result to jurisdictional waters and Mitigation Measure BIO-4 would be implemented to
reduce the impact to less than significant.
Implementation of Mitigation Measure BIO-2 would ensure that temporary impacts to wildlife
movement would be less than significant.
Would not conflict with local policies, ordinances protecting biological resources, or provisions of
an adopted HCP/NCCP.
4.2.2 Impact Analysis of Updated Project
The updated project would have similar impacts as the original project. In August 2017, Wood Biological
Consulting performed a site reconnaissance survey of the additional areas of disturbance for the updated
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project identified in Addendum #1, which included the Dainty Triangle parcel. The survey report is on file
with the District.
Special-Status Plant Species
The survey report concluded that there was potential of occurrence for two additional special-status plant
species based on an updated search of the California Natural Diversity Database (CNDDB) for a total of 64
special-status plant species in the project area. Similar to the conclusions of the 2016 IS/MND, the survey
report concluded that the presence of all 64 special‐status plants can be ruled out due to a lack of suitable
habitat or substrate, geographic isolation from known populations, or the fact that they would have been
detectable during the survey performed. Therefore, as with the original project, the updated project
would not result in an impact on special-status plant species.
Special-Status Wildlife Species
The survey report concluded that there was potential of occurrence for five additional special-status
wildlife species based on an updated search of the CNDDB for a total of 87 special-status wildlife species.
Similar to the conclusions of the 2016 IS/MND, implementation of the updated project could affect four
federally and/or state listed, candidate or fully protected wildlife species including California red‐legged
frog, Central Valley steelhead, Swainson’s hawk, and white‐tailed kite, and five special‐status wildlife
species, including burrowing owl, Chinook salmon, loggerhead shrike, Pacific pond turtle, and silvery
legless lizard. Mitigation Measures BIO-1 through BIO-3 in the 2016 IS/MND would still apply to the
updated project to reduce the impact to a less than significant level.
Jurisdictional Waters
As noted in the 2016 IS/MND, Marsh Creek is expected to qualify as a water of the U.S. and a water of the
State and some of the modifications to Marsh Creek would affect jurisdictional waters. Mitigation
Measure BIO-4 is set forth to minimize the impact. Incorporation of the Dainty Triangle parcel would not
involve work in an area involving jurisdictional waters. While the abutments for the pedestrian bridge
would be installed at the top of the channel about 8 feet above the ordinary high water mark, installation
activities could result in a potential impact to jurisdictional waters from incidental fallback from soil
movement. Similar to the original project, Mitigation Measure BIO-4 would be implemented to ensure
impacts to jurisdictional waters would be reduced to a less-than-significant level.
Wildlife Corridors
The 2016 IS/MND evaluated the potential for the original project to affect wildlife movement, including
the potential effects of work in the creek channel on fish movement. The additions of the bridge
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abutments and Dainty Triangle parcel improvements would not impact wildlife beyond what was analyzed
for the original project.
Other Biological Resources
Due to the nature of the proposed project additions, the conclusions of the 2016 IS/MND would remain
the same for the updated project in regards to sensitive natural communities, local policies or ordinances,
and adopted HCP/NCCP. All impacts would be less than significant or less than significant with
implementation of applicable mitigation measures found in the 2016 IS/MND.
Finding: The potential impacts of the updated project on biological resources would be the same as those
analyzed in the 2016 IS/MND. As with the original project, the mitigation measures listed in the 2016
IS/MND would be implemented to ensure impacts would be less than significant. Therefore, no new or
substantially increased significant impacts would result from the updated project beyond those discussed
in the 2016 IS/MND. No new mitigation is required.
4.3 CULTURAL RESOURCES, INCLUDING TRIBAL CULTURAL RESOURCES
4.3.1 Findings of the Adopted IS/MND
The 2016 IS/MND concluded that with mitigation, the original project would not result in significant
impacts on cultural resources as follows:
The original project does not contain any historical resources.
With regard to archaeological resources, no recorded archaeological resources are known from
the project area and there is no evidence of prehistoric, historic deposits, or prehistoric cultural
soils on the project site. However, places along the banks of Marsh Creek and areas immediately
adjacent to Marsh Creek are considered sensitive for prehistoric archaeological deposits and
human remains. Thus, Mitigation Measure CUL-1 was set forth to reduce the impacts to unknown
historic and prehistoric archaeological resources and human remains to a less than significant
level.
Excavation on the project site could potentially unearth and inadvertently damage
paleontological resources and Mitigation Measure CUL-2 was set forth to reduce the impact on
paleontological resources to a less than significant level.
No known tribal cultural resources were identified through contacts with the Native American
tribes identified by Native American Heritage Commission (NAHC), and that with implementation
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of Mitigation Measures CUL-1 and CUL-2, the original project would not affect any unknown tribal
cultural resources in the area and therefore, the impact was less than significant.
4.3.2 Impact Analysis of Updated Project
The area that includes the bridge abutment was analyzed in the original project (WSA 2017, on file with
the District). However, while the Dainty Triangle parcel was not field-surveyed by a qualified archaeologist,
there are no records identified for the project site. Further, there are no structures on the subject parcel.
Therefore, there is no potential for the updated project to affect historic resources. As with the original
project, there would be no significant impacts on any known archaeological resources as no records were
found for the project site. However, that does not discount the potential of encountering unknown
archaeological resources. While the grading of Dainty Triangle parcel would be a lesser impact than for
the project overall, there would still be a potential to encounter buried archaeological resources or human
remains during excavation and grading and Mitigation Measure CUL-1 would apply to the updated project
to avoid a significant impact on any resources that are encountered. In conjunction with consultation
pursuant to Section 106 of the National Historic Preservation Act, the State Historic Preservation Officer
(SHPO) recommended to the U.S. Army Corps of Engineers (USACE) to prepare a monitoring and post-
review discovery treatment plan consistent with 36 CFR 800.13(a). Mitigation Measure CUL-1 required
initial monitoring by a qualified archaeologist to determine an appropriate level of monitoring for the
duration of the project. Since receiving the response from the SHPO requesting a monitoring and post-
review discovery treatment plan, Mitigation Measure CUL-1 has been updated to be consistent with the
direction provided by the SHPO. The updated Mitigation Measure CUL-1 is presented below with the new
text added to the mitigation measure shown in double underline and deleted text shown in strikethrough.
In addition, Mitigation Measure CUL-2 would apply to the updated project to avoid a significant impact
on any paleontological resources that are encountered. The updated project would implement Mitigation
Measure CUL-1 (updated) and Mitigation Measure CUL-2, therefore, the updated project would not
adversely affect any known or unknown cultural resources in the area, including tribal cultural resources,
and there would be a less than significant impact.
Updated Mitigation Measure CUL-1:
To manage any discoveries during construction, all construction crew workers shall
following the procedures detailed in the Monitoring and Post Review Discovery
Treatment Plan for the Three Creeks Parkway Restoration Project, Contra Costa County,
California.
This document includes provisions for crew training, determines an appropriate level of
monitoring for the duration of the project, describes the identification of archaeological
resources, and the protocols to follow in the case of accidental discoveries.
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Crew training, initial monitoring by a qualified archaeologist to determine an appropriate
level of monitoring for the duration of the project, and additional spot checks pending
the results of the initial monitoring shall be conducted prior to and during ground
disturbing activities.
A qualified archaeologist shall be present on the project site to monitor ground disturbing
activities and inspect excavated soils to identify any cultural resources and human
remains as deemed appropriate by the qualified archaeologist.
All construction crew workers shall attend a training session led by a qualified
archaeologist that discusses (1) the reasons for archaeological resource monitoring; (2)
regulatory policies protecting resources and human remains; (3) basic identification of
archaeological resources; and (4) the protocol to follow in case of a discovery of such
resources.
In accordance with CEQA Guideline §15064.5 (f), should any previously unknown historic
or prehistoric resources, including but not limited to charcoal, obsidian or chert flakes,
grinding bowls, shell fragments, bone, pockets of dark, friable soils, glass, metal, ceramics,
wood, privies, trash deposits or similar debris, be discovered during ground disturbing
activities, work within 25 feet of these materials should be stopped until a qualified
professional archaeologist has an opportunity to evaluate the potential significance of the
find and to consult with the lead agency about what appropriate mitigation would be
appropriate to protect the resource.
In the event that human remains, or possible human remains, are encountered during
project-related ground disturbance, in any location other than a dedicated cemetery,
there shall be no further excavation or disturbance of the site or any nearby area
reasonably suspected to overlie adjacent remains until the coroner of the county in which
the human remains are discovered has determined, that the remains are not subject to
the provisions of Section 27492 of the Government Code or any other related provisions
of law concerning investigation of the circumstances, manner and cause of death, and the
recommendations concerning treatment and disposition of the human remains have
been made to the person responsible for the excavation, or to his or her authorized
representative, in the manner provided in Section 5097.98 of the Public Resources Code.
The County Coroner, upon recognizing the remains as being of Native American origin, is
responsible to contact the NAHC within 24 hours. The Commission has various powers
and duties, including the appointment of a Most Likely Descendant (MLD) to the project.
The MLD, or in lieu of the MLD, the NAHC, has the responsibility to provide guidance as
to the ultimate disposition of any Native American remains.
Finding: The potential impacts of the updated project on cultural resources would be the same as those
analyzed in the 2016 IS/MND, because similar to the original project, the updated project site has no
structures that would be considered historic. The site is considered sensitive for archaeological resources
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due to its location along Marsh, Sand, and Deer Creeks. As with the original project, the mitigation
measures listed above would be implemented to avoid any inadvertent impacts on previously unknown
archaeological resources and human remains and paleontological resources encountered during
construction. With implementation of mitigation measures above, the updated project would not affect
any known tribal cultural resources. Therefore, no new or substantially increased significant impacts on
cultural and paleontological resources would result from the updated project beyond those discussed in
the 2016 IS/MND. No new mitigation is required.
4.4 GEOLOGY AND SOILS
4.4.1 Findings of the Adopted IS/MND
The 2016 IS/MND concluded that with mitigation, the original project would not result in significant
impacts related to geology and soils as follows:
Although the project site lies within a seismically active region, there are no known active faults
crossing the project site and the site is not located within an Earthquake Fault Zone. Therefore,
ground rupture is unlikely at the project site and the impact would be less than significant.
The project site could experience ground shaking due to an earthquake of moderate to high
magnitude generated within the San Francisco Bay Region and there would be a potentially
significant impact. Implementation of Mitigation Measure GEO-1 would reduce the potential for
slope deformation in the event of an earthquake and a less than significant impact from seismic
ground shaking would occur. Implementation of Mitigation Measure GEO-1 would also ensure
that the impact from expansive soils would be less than significant.
Impact from liquefaction would be less than significant and no impact from landsides would occur.
Potential soil erosion from construction activities would be controlled with compliance of the
NPDES related to construction site runoff and therefore impacts would be less than significant.
Further, improvements that would reduce erosion potential following project completion would
be less than significant. The 2016 IS/MND found that the project site is not underlain by unstable
soils and the impact would be less than significant.
No septic tanks or alternative wastewater disposal systems are included in the original project,
and there would be no impact.
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4.4.2 Impact Analysis of Updated Project
Similar to the original project, the updated project would implement Mitigation Measure GEO-1, which
would require all proposed improvements included in the updated project to be constructed in
compliance with recommendations specified in Section 3.3 of the Geotechnical Report (ENGEO 2015; on
file with the District). Implementation of Mitigation Measure GEO-1 would reduce impacts from seismic
ground shaking and expansive soils to a less than significant level. As mentioned in above, a SWPPP would
be implemented which would include BMPs to control erosion and release of sediment and other
pollutants from the project additions. Thus, similar to the conclusions of the 2016 IS/MND, the impact
related to soil erosion during construction would be less than significant. All other impacts, similar to the
conclusions of the 2016 IS/MND, would be less than significant.
Finding: The potential impacts of the updated project related to geology and soils would be the same as
those analyzed in the 2016 IS/MND for the original project. The impacts would be less than significant
with the implementation of the recommendations specified in Mitigation Measure GEO-1. Therefore, no
new or substantially increased significant impacts would result from the updated project beyond those
discussed in the 2016 IS/MND. No new mitigation is required.
4.5 GREENHOUSE GAS EMISSIONS
4.5.1 Findings of the Adopted IS/MND
The 2016 IS/MND concluded that the original project would not result in significant impacts related to
greenhouse gas (GHG) emissions as follows:
Estimation of greenhouse gas (GHG) emissions from operation of construction equipment and
from construction worker vehicles and haul truck trips would generate approximately 44.6
MTCO2e during construction, which would not result in a significant change in global climate
change.
The number of periodic vehicle trips for monitoring the success of the restoration plantings and
long-term creek maintenance would be minimal and would not substantially increase operational
GHG emissions and therefore impacts would be less than significant.
4.5.2 Impact Analysis of Updated Project
Construction of the updated project would slightly increase GHG emissions above what was analyzed in
the 2016 IS/MND due to additional excavation and grading of the pedestrian bridge abutment, spur trail,
and Dainty Triangle parcel. However, GHG emissions would also decrease as the excavated materials
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would be placed on the adjacent Griffith parcel and the 5-mile off-haul trips would be eliminated as
analyzed in Addendum #1. Therefore, similar to the conclusions of the 2016 IS/MND, the impact of the
updated project’s construction-phase GHG emissions would remain less than significant. The impact from
operational emissions of the updated project would also remain unchanged from the previous analysis
and would be less than significant.
Findings: The potential impacts of the updated project-related to GHG emissions are similar to those
analyzed in the 2016 IS/MND. As with the original project, all impacts from GHG emissions would be less
than significant. Therefore, no new or substantially increased significant impacts would result from the
updated project beyond those discussed in the 2016 IS/MND. No new mitigation is required.
4.6 NOISE
4.6.1 Findings of the Adopted IS/MND
The 2016 IS/MND concluded that with mitigation, the original project would not result in significant
impacts related to noise and vibration as follows:
Noise from construction equipment could impact the surrounding residences, school and daycare
center, and park facilities that are located less than 50 feet from various work areas along the
creek section. The daycare center located adjacent to the project site has since been closed down.
Implementation of Mitigation Measure NOISE-1, which requires compliance with the Brentwood
Noise Ordinance and limits construction activities to daytime hours, the impact would be less than
significant.
Due to the nature of construction activities and the distance to the nearby receptors, the impact
from construction phase groundborne vibration would be less than significant.
There would be no increase in operational noise in the project area due to the original project and
a less than significant impact would occur.
The original project is not located within two miles of any public airport or private airstrip and
would not expose people residing or working in the project area to excessive noise levels.
4.6.2 Impact Analysis of Updated Project
Construction Noise Impacts
Construction noise due to the updated project would slightly increase above what was analyzed in the
2016 IS/MND due to additional excavation and grading to incorporate the pedestrian bridge abutments,
23
Contra Costa County Flood Control District and Water Conservation District Addendum No. 2
and American Rivers Three Creeks Parkway Restoration Project IS/MND
County Project No.: 16-39 September 2019
spur trail, and Dainty Triangle parcel and the hauling of excavated materials to the Griffith parcel.
However, the noise increase would be minimal and would not significantly increase noise levels above
what was analyzed in the 2016 IS/MND. Furthermore, the updated project would implement Mitigation
Measure NOISE-1, and the impact from construction noise would remain less than significant.
Similar to the original project, the updated project would not require pile-driving, blasting, or other
activities that could cause substantial groundborne vibration. Haul trucks could result in some level of
vibration while hauling materials to the Griffith parcel. However, the trucks would not travel outside the
project site on roadways that are adjacent to sensitive receptors. Thus, similar to the conclusions of the
2016 IS/MND, the updated project would result in a less than significant impact from groundborne
vibrations.
Operational Noise Impacts
Impacts from operational noise of the updated project would remain the same as with the original project
and a less than significant impact would occur.
Finding: The potential noise impacts of the updated project are similar to those analyzed in the 2016
IS/MND for the original project. For reasons stated above, the updated project’s potential impacts related
to noise would be less than significant with mitigation measures incorporated. Therefore, no new or
substantially increased significant impacts would result from the updated project beyond those discussed
in the 2016 IS/MND. No new mitigation is required.
5.0 CONCLUSION
Based on the above analysis and discussion, no substantive revisions are needed to the 2016 IS/MND,
because no new significant impacts or impacts of substantially greater severity would result from the
construction and operation of the updated project. Furthermore, there have been no changes in
circumstances in the project area that would result in new significant environmental impacts or
substantially more severe impacts; and no new information has come to light that would indicate the
potential for new significant impacts or substantially more severe impacts than were analyzed in the 2016
IS/MND. Therefore, no further evaluation is required, and no Subsequent EIR is needed pursuant to State
CEQA Guidelines Section 15162, and an Addendum to an adopted negative declaration has therefore
appropriately been prepared, pursuant to Section 15164.
Pursuant to CEQA Guidelines § 15164(c), this Addendum will not be circulated for public review, but will
be included in the public record file for the project approval.
24
Contra Costa County Flood Control District and Water Conservation District Addendum No. 2
and American Rivers Three Creeks Parkway Restoration Project IS/MND
County Project No.: 16-39 September 2019
6.0 SUPPORTING INFORMATION SOURCES
CalFire. 2009. Contra Costa County Fire Hazard Severity Zone Map, Local Responsibility Area.
https://osfm.fire.ca.gov/media/6660/fhszl_map7.pdf. September 2019.
City of Brentwood. 2018. Resolution #, A Resolution of the City Council of the City of Brentwood Accepting
a Recommendation from the Park and Recreation Commission to Approve Planned Improvements
to City Parcels as Part of the Three Creeks Parkway Restoration Project and Authorize the City
Manager or His Designee to Execute any Required Documents for the Project. February.
ENGEO. 2015. Geotechnical Exploration Three Creeks Parkway Restoration Project, Brentwood. May 15.
EnviroStor. 2019. Contaminated sites. https://www.envirostor.dtsc.ca.gov/public/. Department of Toxic
Substance Control. September.
GeoTracker. 2019. Contaminated sites. https://geotracker.waterboards.ca.gov/. State Water Board.
September.
Impact Sciences. 2016. Three Creeks Parkway Restoration Project Initial Study/MND, SCH# 2016082008
August.
Walkling, Rich (Planning Director, Restoration Design Group). Personal communication with Angela Pan
(Impact Sciences). November 29, 2017.
Wood Biological Consulting. 2017. Biological Resource Assessment for the Three Creeks Restoration
Project at Marsh Creek. February 9, 2016, revised June 9, 2016, revised August 8, 2017.
WSA. 2017. Addendum to the Cultural Resources Assessment Report for the Three Creeks Parkway
Restoration Project. September.
7.0 ADDENDUM PREPARERS
Impact Sciences, Inc. (Original Project, Addendum #1)
Principal: Shabnam Barati, Ph.D.
Project Manager: Angela Pan
Air Quality and GHG Analyst: Jared Jerome
Publications: Van Hoang
Contra Costa County Public Works Department (Addendum #2)
Claudia Gemberling, Environmental Services Division
RECOMMENDATION(S):
APPROVE Climate Adaptation and Resilience Grant Program Agreement Number WC-1928KM
(Agreement) between Contra Costa County Flood Control and Water Conservation District (Flood Control
District) and State of California, acting by and through the Natural Resources Agency, Department Fish and
Wildlife, Wildlife Conservation Board (WCB) in the amount of $1,250,000 to provide partial
implementation funding for the Lower Walnut Creek Restoration Project.
ADOPT Resolution No. 2019/630, accepting grant funds and authorizing the Chief Engineer, Flood
Control District, or designee, to execute the Agreement and process other related documents.
FISCAL IMPACT:
The Grant Agreement provides State Department of Fish and Wildlife, Wildlife Conservation Board funds
up to $1,250,000.
BACKGROUND:
On September 11, 2018, the Board of Supervisors approved the Flood Control District’s application to
WCB for $1,250,000 of State Cap and Trade Funds for the Lower Walnut
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V
Supervisor
Contact: Paul Detjens, (925)
313-2394
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Paul Detjens, 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:November 12, 2019
Contra
Costa
County
Subject:Agreement between State of CA and Flood Control District for award of Climate Adaptation and Resilience Grant for
Lower Walnut Creek Restoration.
BACKGROUND: (CONT'D)
Creek Restoration project. WCB subsequently announced their intent to award these funds to the Flood
Control District and have recently presented the Grant Agreement for signature. The WCB requires the
Flood Control District execute the agreement before the WCB action to adopt the Agreement on their
regularly scheduled quarterly meeting on November 21, 2019.
Under the Grant Agreement, the Flood Control District is obligated to defend and indemnify the State
for third party claims arising out of the project and any breach of the Grant Agreement by the Flood
Control District.
WCB has requested a Board resolution accepting the grant award and authorizing the Flood Control
District to execute the Grant Agreement.
CONSEQUENCE OF NEGATIVE ACTION:
Without Board approval and adoption of the resolution, the Flood Control District will be unable to
accept the $1,250,000 WCB grant.
AGENDA ATTACHMENTS
Resolution No. 2019/630
Grant Agreement
MINUTES ATTACHMENTS
Signed Resolution No. 2019/630
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 11/12/2019 by the following vote:
AYE:5
John Gioia
Candace Andersen
Diane Burgis
Karen Mitchoff
Federal D. Glover
NO:
ABSENT:
ABSTAIN:
RECUSE:
Resolution No. 2019/630
In The Matter Of: Executing and Meeting Requirements for Disbursement of Funds under the Grant Agreement between the
State of California Natural Resources Agency, Department Fish and Wildlife, Wildlife Conservation Board (WCB) and the
Contra Costa County Flood Control and Water Conservation District (Flood Control District).
WHEREAS, the Flood Control District manages the area of Walnut and Pacheco Creeks commonly referred to as Lower Walnut
Creek; and
WHEREAS, the Flood Control District’s desire to restore Lower Walnut Creek matches closely with the intent of the State’s
WCB Climate Adaptation and Resilience Grant Program; and
WHEREAS, the Board previously authorized the Chief Engineer, Flood Control District, or designee, to apply for this grant
program; and
WHEREAS, the State has selected the Flood Control District’s Lower Walnut Creek Restoration Project for grant funding for
implementation work; and
WHEREAS, the State has produced a grant agreement and assigned it number WC-1928KM.
NOW, THEREFORE, BE IT RESOLVED that the Governing Board of the Flood Control District:
1. Accepts the $1,250,000 in grant funds offered for the Lower Walnut Creek Restoration Project (Project No. 7520-6B8285); and
2. Authorizes and Directs, the Chief Engineer, Flood Control District, or designee, to execute the Grant Agreement with the
State, including any amendments thereto; and
3. Authorizes and Directs, the Chief Engineer, Flood Control District, or designee, to execute payment requests and sign requests
for disbursement of State funds under this Grant Agreement.
Contact: Paul Detjens, (925) 313-2394
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Paul Detjens, Flood Control, Beth Balita, Finance, Catherine Windham, Flood Control
CALIFORNIA WILDLIFE CONSERVATION BOARD
GRANT AGREEMENT
Between
STATE OF CALIFORNIA, WILDLIFE CONSERVATION BOARD
and
CONTRA COSTA COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT
for
LOWER WALNUT CREEK RESTORATION PROJECT
CONTRA COSTA COUNTY, CALIFORNIA
WC–1928KM
State of California
Natural Resources Agency
Department of Fish and Wildlife
Wildlife Conservation Board
This page left blank intentionally.
Lower Walnut Creek Restoration Project Page 1
Grant Agreement Number WC-1928KM
Project ID: 2019107
1. SCOPE OF AGREEMENT
Pursuant to the Wildlife Conservation Law of 1947, Chapter 4.0 of Division 2,
(commencing with Section 1300), of the California Fish and Game Code; the WCB
Climate Adaptation and Resilience Program [General Fund, Budget Act, Chapter 14 and
249, Statutes of 2017]; and the approval granted by the Wildlife Conservation Board on
November 21, 2019, the Wildlife Conservation Board (Grantor) hereby grants to the
Contra Costa Flood Control and Water Conservation District, a political subdivision of
the State of California, a sum not to exceed one million, two hundred and fifty thousand
dollars ($1,250,000.00) (Grant Funds), upon and subject to the terms and conditions of
this Grant Agreement (Agreement).
2. PURPOSES OF GRANT
Grantor is entering into this Agreement, and the Grant Funds shall be used, only for the
purpose of assisting Grantee with the project generally described as: restore up to 400
acres of coastal wetlands and adjacent habitats at the mouth of Walnut Creek and its
tributary, Pacheco Creek, to provide climate change adaptation and resilience benefits
to ecosystems deemed moderately or highly vulnerable to climate change on
approximately 400 acres of public land commonly known as Lower Walnut Creek,
located in Contra Costa County, California as part of the Lower Walnut Creek
Restoration Project (Project). The overall Project location is generally shown on the
attached Exhibit A - LOCATION MAP. Grant funds will assist in implementation of the
North and South Reaches of the Project, otherwise known as the Property.
3. CONDITIONS OF GRANT
Grantor’s obligation to disburse Grant Funds under this Agreement is conditioned upon
and subject to the satisfactory completion of all of the following conditions:
3.1 Grantor shall have reviewed and approved all documents pertaining to the
Project, including, without limitation, feasibility and planning studies, designs,
plans, budgets, cost estimates, timelines and agreements. Such review and
approval by Grantor will be for compliance with this Agreement as well as
funding and other requirements applicable to Grantor, and shall not be
unreasonably withheld.
3.2 Grantor shall have reviewed and approved a certified resolution or other
appropriate action of the governing board or governing body of Grantee,
authorizing the execution and performance of this Agreement and the carrying
out of the Project by Grantee.
3.3 Grantee shall have disclosed all funding sources for the Project, including all
amounts applied for or obtained from sources other than Grantor. These
amounts shall be reflected in the attached Exhibit B – BUDGET (Budget) by
Budget category. As between Grantor and Grantee, Grantee shall be
Lower Walnut Creek Restoration Project Page 2
Grant Agreement Number WC-1928KM
Project ID: 2019107
responsible for any and all Project costs that exceed the amount of the Grant
Funds provided under this Agreement.
3.4 The grant proposal shall have been approved by the Wildlife Conservation
Board at a public meeting, this Agreement shall have been fully executed by
Grantor and Grantee, and Grantee shall have received a written "Notice to
Proceed" from Grantor. The approval of the grant proposal by the Wildlife
Conservation Board, if such approval is given, shall not constitute
authorization for the commencement of the Project or expenditure of Grant
Funds. No expenditure made or activity initiated prior to Grantee’s receipt of a
written Notice to Proceed from Grantor will be eligible for reimbursement by
Grantor.
4. DISBURSEMENTS
4.1 Upon satisfaction of all of the Conditions of Grant set forth in Section 3, above,
and so long as Grantee is not in breach or default under this Agreement,
Grantor agrees to disburse the Grant Funds to Grantee, in arrears, in
installments as set forth in this Section 4. Disbursements shall be made not
more frequently than monthly and disbursements of less than $5,000.00
should be made not more frequently than quarterly. All disbursements shall be
subject to the availability of funds for purposes of the Project as provided in
Section 4.8.
4.2 Grantee shall request disbursement of Grant Funds by submitting a
disbursement request to Grantor for approved budgeted work performed on
the Project in accordance with Section 4.3. Disbursement shall be contingent
upon approval of the disbursement request by Grantor.
4.3 The disbursement request must be submitted on Grantee’s letterhead, signed
by an authorized representative of Grantee, and include a written description
of the work completed during the period of the disbursement request.
Requests for disbursement must be itemized using the same categories
included in the attached Budget. Exhibit C – DISBURSEMENT REQUEST
TEMPLATE provides the format to use for submitting disbursement requests
to Grantor. Each disbursement request shall contain supporting or back-up
documentation for all amounts shown on the request, including receipts for all
materials and supplies, all Grantee staff time shown by number of hours
worked and hourly rate, and all contractor or sub-contractor services.
4.4 Grantor may withhold ten percent (10%) of the total approved amount from
each disbursement (Retained Grant Funds) until Grantor has approved the
completion of the Project, the final report required by Section 6.4, and the final
request for disbursement.
Lower Walnut Creek Restoration Project Page 3
Grant Agreement Number WC-1928KM
Project ID: 2019107
4.5 Upon completion of Project activities, Grantee may request disbursement of
the Retained Grant Funds. Grantee shall submit this request no later than
thirty (30) days after the Projected Completion Date (as defined in Section
6.1).
4.6 Please submit disbursement requests electronically to WCB at
WCBClerical@wildlife.ca.gov and WCB Project Manager
(kurt.malchow@wildlife.ca.gov) with “Project ID 2019107 Invoice No. ____” in
the subject line.
Alternatively, hard copy requests for disbursement can be sent to:
Wildlife Conservation Board
P.O. Box 944209
Sacramento, California 94244-2090
Attn: Kurt Malchow
4.7 Grantee shall reimburse Grantor for any erroneous disbursement of Grant
Funds under this Agreement. Reimbursement shall occur within 30 days of
written demand by Grantor. Interest shall accrue at the highest rate allowed
by law from the time that reimbursement becomes due and owing until
received by Grantor.
4.8 Despite any contrary provision of this Agreement, Grantor shall not be
obligated to disburse any remaining unpaid portion of the Grant Funds unless
and until sufficient funds identified for allocation to the Project (as further
specified in the Funding Certification attached to this Agreement) are released
by the State Treasurer’s Office to Grantor for expenditure pursuant to this
Agreement. No request for disbursement submitted prior to the release of
such funds to Grantor shall be effective.
4.9 With the final invoice, Grantee shall provide a completed Final Match
Accounting Form (Exhibit D – FINAL MATCH TEMPLATE) when Project work
is completed. The completed Final Match Accounting Form shall identify and
delineate all matching funds expended and in-kind services provided during
the Grant term before Project completion and will be consistent with Exhibit B
– BUDGET.
5. BUDGET AND INDIRECT COSTS
5.1 The attached Budget is an estimate of the Grantee's anticipated costs for the
Project and discloses all funding sources for the Project, including all amounts
applied for or obtained from sources other than Grantor. Should the Budget not
disclose all funding sources for the Project, Grantor may refer this Agreement to
Lower Walnut Creek Restoration Project Page 4
Grant Agreement Number WC-1928KM
Project ID: 2019107
the Department of Finance for a Project audit. Grantee may seek additional
funding from sources other than Grantor, with Grantor’s approval, to cover cost
increases or to reduce Grantor’s cost share. Should Grantee obtain additional
funds from sources other than Grantor, Grantee shall promptly notify Grantor of
the amounts and sources of the additional funding and submit a proposed new
budget reflecting any changes to Grantor for its approval.
When actual Project costs indicate that the costs of certain Budget categories
payable by Grantor are higher than estimated, and these higher costs are offset
by lower costs in other Budget categories payable by Grantor, the Grantee may
submit a written request to Grantor to shift funds between such Budget
categories. Contingencies shall be used only upon written approval by Grantor.
Grantor shall approve or deny a requested Budget revision or use of
contingencies in writing within 10 business days of receipt of Grantee's written
request.
5.2 Indirect cost rates are limited to 20 percent of the total Grant Funds minus
subcontractor and equipment costs. Any amount over 20 percent will not be
funded but may be used as cost share. If Grantee seeks to recover indirect or
administrative costs, this item should be included as a line item in the Budget.
Any cost that is billed as a direct cost may not be included in indirect cost rates.
Indirect costs include, but are not limited to, the following: workers
compensation insurance, utilities, office space rental, phone, and copying which
is directly related to completion of the Project.
Costs for subcontractors and purchase of equipment cannot be included in the
calculation of indirect costs in the Budget. It is the responsibility of the Grantee
to keep documentation for all indirect costs claimed in Exhibit B. For all indirect
costs claimed, Grantee must keep backup documents in audit-ready files (these
documents are not provided to WCB).
6. GRANTEE’S COVENANTS
In consideration of this Agreement, Grantee hereby covenants and agrees as follows:
6.1. Grantee will complete or cause to be completed all Project activities in
accordance with Grantee’s proposed design and specifications submitted
to Grantor, a copy of which is attached as Exhibit E - WORK PLAN and
incorporated herein by this reference, on or before June 30, 2022
(Projected Completion Date). The Project will be considered complete
when all Project activities have been completed and Grantor has approved
(a) the completion of the Project, (b) the final report required by Section
6.4, and (c) the final request for disbursement.
6.2 Grantee is responsible for obtaining all necessary permits and approvals
for the Project (including its construction, management, monitoring,
operation, use and maintenance), and complying with all federal, state and
Lower Walnut Creek Restoration Project Page 5
Grant Agreement Number WC-1928KM
Project ID: 2019107
local statutes, laws, regulations, ordinances, orders and other
governmental and quasi-governmental requirements that apply to the
Project (including its construction, management, monitoring, operation,
use and maintenance).
6.3 Grantee shall recognize the cooperative nature of the Project and shall
provide credit to the Grantor on signs, demonstrations, promotional
materials, advertisements, publications and exhibits prepared or approved
by Grantee referencing the Project. Any sign installed on the Property
referencing the Project shall be subject to the mutual agreement of
Grantor and Grantee regarding text, design and location and shall display
the logo of Grantor. Grantee is encouraged to display the California
Climate Investments logo on equipment and signage, as applicable, to
acknowledge the funding source.
6.4 Not later than 30 days following the completion of all Project activities
Grantee will submit either five hard copies or one hard copy and one
digital copy of a final report of accomplishments, including pre - and post-
Project photographs and a final design or site plan of the Project, to
Grantor.
6.5 Grantee shall ensure that the Property restored with funds provided by
Grantor is operated, used and maintained for 25 years after the Grantor’s
Notice to Proceed (Project Life) consistent with the Purposes of Grant and
in accordance with the long-term management plan for the Project
attached as Exhibit F – MANAGEMENT PLAN.
6.6 The Grantee shall permit Grantor, the California Department of Fish and
Wildlife, and their respective members, officers, employees, agents and
representatives, to access the Property at least once every twelve months
from the date of Grantor’s Notice to Proceed through the end of the
Project Life for purposes of inspections and monitoring. Such access shall
be at times reasonably acceptable to the Property owners and the
requester following written or verbal request to the Grantee.
7. BREACH AND REMEDIES
7.1 In the event of a breach of Grantee’s obligations under this Agreement,
Grantor shall give notice to Grantee describing the breach. If Grantee
does not cure the breach described in the Grantor's notice within 90 days
after the date of Grantor’s notice (or, if the breach cannot reasonably be
cured within 90 days, Grantee does not commence the cure within the 90-
day period and diligently pursue it to completion), then Grantee shall be in
default of this Agreement.
Lower Walnut Creek Restoration Project Page 6
Grant Agreement Number WC-1928KM
Project ID: 2019107
7.2 In the event of a default by Grantee before the Project is complete then, in
addition to any and all other remedies available at law or in equity, Grantor
may seek specific performance of this Agreement. Grantee agrees that
specific performance is an appropriate remedy because the benefits to
Grantor from Grantee’s completion of the Project in accordance with this
Agreement, as described in Section 2 (Purposes of Grant), are unique and
damages would not adequately compensate Grantor for the loss of such
benefits.
7.3 In the event of a default by Grantee, in addition to any and all other
remedies available at law or in equity, Grantor may withhold Grant Funds
from Grantee or may require reimbursement of Grant Funds that were
disbursed in error due to a breach of the Grant terms, including incorrect
billing of indirect costs as identified in Section 5.2.
7.4 In the event of a default by Grantee, in addition to any and all other
remedies available under this Agreement, at law or in equity, Grantor may
require Grantee to reimburse the Grant Funds to Grantor in an amount
determined by application of the following Reimbursement Formula:
"Reimbursement Formula"
Formula: Dollar amount of Grant Funds disbursed to Grantee divided
by Project Life, times the number of years remaining in the
Project Life.
Example: Grantor disburses $50,000.00 to Grantee for the restoration
and enhancement of wetland and riparian habitat, and the
Project Life is 25 years. With 10.5 years remaining on the
Project Life, the Grantee is in default under the Agreement.
The reimbursement amount would be $21,000, calculated as
follows:
($50,000.00 ÷ 25 years) x 10.5 years = $21,000
Reimbursement shall be due from Grantee immediately upon written
demand by Grantor. Interest shall accrue at the highest rate allowed by
law from the time that the reimbursement becomes due until it is actually
received by Grantor.
7.5 Any costs incurred by Grantor, where Grantor is the prevailing party in
enforcing the terms of this Agreement, including but not limited to costs of
suit, attorneys’ and experts’ fees, at trial and on appeal, and costs of
enforcing any judgment, shall be borne by Grantee.
Lower Walnut Creek Restoration Project Page 7
Grant Agreement Number WC-1928KM
Project ID: 2019107
7.6 Waiver of any breach or default by Grantee shall not be deemed to be a
waiver of any subsequent breach or default, nor shall it constitute a
modification of this Agreement.
8. ADDITIONAL TERMS AND CONDITIONS
8.1 Grantee Responsible for Project
While the Grantor undertakes to assist the Grantee with the Project by
providing the Grant Funds pursuant to this Agreement, the Project itself
remains the sole responsibility of the Grantee. Grantor undertakes no
responsibilities to the Grantee or any third party, other than as expressly
set out in this Agreement. The responsibility for implementing the Project
is solely that of the Grantee.
8.2 Contracts
All agreements between Grantee and any third party related to the Project
must be in writing and contain language that establishes the right of the
auditors of the State of California to examine the records of the third party
relative to the goods, services, equipment, materials, supplies or other
assistance provided to Grantee for the Project. Grantee shall provide a
complete copy of each agreement over $10,000.00 to Grantor prior to
commencing work.
8.3 Indemnification
To the fullest extent permitted by law, Grantee shall indemnify, protect,
and hold harmless the Wildlife Conservation Board and the State of
California, and their respective members, officers, agents, employees and
representatives, from and against any and all claims, demands, damages,
losses, costs (including attorneys’ fees), expenses, and liability of any
nature (Claims) arising out of or incident to the Project, Grantee’s entry
upon and use of the Property, and Grantee’s performance of, or failure to
observe or perform, any of its obligations under this Agreement. The
obligations of Grantee under this Section 8.3 include, without limitation,
Claims resulting from the generation, use, storage, disposal, release or
threatened release of any hazardous or toxic substance, material or
waste; petroleum or petroleum products and other substances that
present a threat to human health or the environment.
8.4 Amendment; Severability
This Agreement may be modified only by a written amendment signed by
Grantor and Grantee. No oral or written understanding or agreement not
incorporated in this document shall be binding on the parties.
Lower Walnut Creek Restoration Project Page 8
Grant Agreement Number WC-1928KM
Project ID: 2019107
If any provision of this Agreement or the application thereof to any person
or circumstance is held to be invalid or unenforceable, that shall not affect
any other provision of this Agreement or applications of the Agreement
that can be given effect without the invalid provision or application. To this
end the provisions of this Agreement are severable.
8.5 Independent Capacity of Grantee; Withholding and Payments
Grantee, its members, officers, directors, employees, agents and
representatives, is each acting in an independent capacity in entering into
and carrying out this Agreement, and not as a partner, member, officer,
agent, employee or representative of Grantor. Grantee is responsible for
withholding and paying employment taxes, insurance and deductions of
any kind required by federal, state or local laws.
8.6 No Assignment or Transfer
This Agreement is not assignable or transferable by Grantee, either in
whole or in part, without the prior written consent of Grantor which Grantor
may grant or withhold in Grantor’s discretion.
8.7 Accounting/Records/Audits
Grantee shall maintain complete and accurate records of its actual Project
costs, in accordance with generally accepted accounting principles and
practices, and shall retain said records for at least three years after final
disbursement by Grantor. During such time, Grantee shall make said
records available (or cause them to be made available) to the State of
California for inspection and audit purposes during normal business hours.
Expenditures not documented, and expenditures not allowed under this
Agreement or otherwise authorized in writing by Grantor shall be borne by
Grantee. The audit shall be confined to those matters connected with this
Agreement, including but not limited to administration and overhead costs.
8.8 Use of Grant Funds to Secure Additional Fund ing
Grantee agrees that the funding provided under this Agreement shall not
be used as matching funds for other grants, or to secure loans or other
monetary awards without written approval from the Executive Director,
Wildlife Conservation Board. Such approval shall not be unreasonably
withheld as long as the purposes for which the Grant Funds were awarded
are maintained.
8.9 Termination or Suspension of Agreement
At any time before Grantee has broken ground on the Project Grantor may
terminate this Agreement for any reason by providing Grantee not less
than 30 days written notice of termination. In addition, Grantor may
suspend this Agreement at any time upon written notice to Grantee . In
either case, Grantee shall immediately stop work under this Agreement
and take all reasonable measures to prevent further costs to Grantor.
Lower Walnut Creek Restoration Project Page 9
Grant Agreement Number WC-1928KM
Project ID: 2019107
Grantor is responsible for reasonable and non-refundable obligations or
expenses incurred by the Grantee under this Agreement prior to the date
of the notice to terminate or suspend, but only up to the undisbursed
balance of funding authorized in this Agreement. Any notice suspending
work under this Agreement shall remain in effect until Grantor authorizes
work to resume by giving further written notice to Grantee.
8.10 Resolution of Disputes
The State Project Representative is identified on Page i of this Agreement.
The State Project Representative has initial jurisdiction over each
controversy arising under or in connection with the interpretation or
performance of this Agreement or disbursement of Grant Funds. The
Grantee will diligently pursue with the State Project Representative a
mutually agreeable settlement of any such controversy.
If the controversy cannot be resolved between Grantee and the State
Project Representative, the Grantee must direct the grievance together
with any evidence, in writing, to the Executive Director of the Wildlife
Conservation Board. The grievance must state the issues in the dispute,
the legal authority or other basis for the Grantee's position and the relief
sought.
The Executive Director or designee shall meet with a representative of the
Grantee to review the issues. A written decision signed by the Executive
Director or designee shall be returned to the Grantee within twenty (20)
working days of the conclusion of this meeting.
8.11 Drug-Free Workplace Certification
By signing this Agreement, Grantee hereby certifies under penalty of
perjury under the laws of the State of California that Grantee will comply
with the requirements of the Drug-Free Workplace Act of 1990
(Government Code Section 8350 et seq.) and will provide a drug-free
workplace by taking the following actions:
8.11.1 Publish a statement notifying employees that unlawful manufacture,
distribution, dispensation, possession, or use of a controlled substance is
prohibited and specifying actions to be taken against employees for
violations, as required by Government Code Section 8355(a).
8.11.2 Establish a Drug-Free Awareness Program as required by Government
Code Section 8355(a)(2) to inform employees about all of the following:
a) the dangers of drug abuse in the workplace;
b) the person's or organization's policy of maintaining a drug-free
workplace;
c) any available counseling, rehabilitation and employee assistance
Lower Walnut Creek Restoration Project Page 10
Grant Agreement Number WC-1928KM
Project ID: 2019107
programs; and,
d) penalties that may be imposed upon employees for drug abuse
violations.
8.11.3 Provide, as required by Government Code Section 8355(a)(3), that every
employee who works on the proposed contract:
a) will receive a copy of the company's drug-free policy statement;
and,
b) will agree to abide by the terms of the company's statement as a
condition of employment on the contract.
Failure to comply with these requirements may result in suspension of
disbursements under this Agreement or termination of this Agreement or both
and Grantee may be ineligible for award of any future state contracts if the
Grantor determines that any of the following has occurred: (1) Grantee has made
false certification, or (2) Grantee violates the certification by failing to carry out
the requirements as noted above.
8.12 Union Organizing
By signing this Agreement the Grantee hereby acknowledges the applicability to
this Agreement of Government Code Sections 16645 through 16649, and
certifies that:
8.12.1 No state funds disbursed under this Agreement will be used to assist,
promote or deter union organizing;
8.12.2 Grantee shall account for state funds disbursed for a specific expenditure
under this Agreement, to show those funds were allocated to that
expenditure;
8.12.3 Grantee shall, where state funds are not designated as described in
8.12.2 above, allocate, on a pro-rata basis, all disbursements that support
the grant program; and
8.12.4 If Grantee makes expenditures to assist, promote or deter union
organizing, Grantee will maintain records sufficient to show that no state
funds were used for those expenditures, and that Grantee shall provide
those records to the Attorney General upon request.
8.13 Labor Code Requirements; Prevailing Wage
State grants may be subject to California Labor Code requirements, which
include prevailing wage provisions. Grantee shall pay prevailing wage to
all persons employed in the performance of any part of the Project if
required by law to do so.
Lower Walnut Creek Restoration Project Page 11
Grant Agreement Number WC-1928KM
Project ID: 2019107
8.14 Disposition of Equipment
Title or ownership of equipment with a unit cost of $5,000 or more may be
retained by Grantee or Grantor upon end of the grant cycle; final disposition will
be coordinated by WCB’s Grant Manager.
8.15 Informational Products
All informational products (e.g. data, studies, findings, management plans,
manuals, photos etc.) relating to California’s natural environment and produced
with the use of public funds shall be cataloged in the California Geoportal
(http://portal.gis.ca.gov/geoportal/catalog/main/home.page), maintained by the
California Department of Technology.
8.16 Non-Discrimination
During the performance of this Agreement, Grantee shall not unlawfully
discriminate against, harass, or allow harassment against any employee or
applicant for employment because of race, religion, color, national origin,
ancestry, physical disability (including HIV and AIDS), mental disability, medical
condition, marital status, age (over 40), sex, sexual orientation, or use of family-
care leave, medical-care leave, or pregnancy-disability leave. Grantee shall take
affirmative action to ensure that the evaluation and treatment of its employees
and applicants for employment are free of such discrimination and harassment.
Such action shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and se lection for
training, including apprenticeship. Grantee shall comply with the provisions of
the Fair Employment and Housing Act (Government Code Section 12900 (a -f) et
seq.), and applicable regulations (California Code of Regulations, Title 2, Section
7285 et seq.). The regulations of the Fair Employment and Housing Commission
regarding Contractor Nondiscrimination and Compliance (Chapter 5 of Division 4
of Title 2 of the California Code of Regulations) are incorporated by reference
into this Agreement. Grantee shall give written notice of its obligations under this
non-discrimination clause to labor organizations with which Grantee has a
collective bargaining or other agreement, and shall post in conspicuous places
available to employees and applicants for employment, notice setting forth the
provisions of this section. Grantee shall also include the nondiscrimination and
compliance provisions of this Agreement in all contracts related to the Project.
9. NOTICE OF AGREEMENT
The terms, conditions and restrictions of this Agreement shall be binding upon
and inure to the benefit of the parties hereto and their personal representatives,
heirs, successors, and assigns and shall continue as a servitude running with the
Property for the Project Life.
Grantee agrees to sign, have acknowledged by a Notary Public and deliver to
Grantor for recording a separate document, in a form substantially as shown in
Lower Walnut Creek Restoration Project Page 12
Grant Agreement Number WC-1928KM
Project ID: 2019107
Exhibit G - NOTICE OF UNRECORDED GRANT AGREEMENT, to provide
constructive notice of this Agreement.
10. AUTHORIZATION
The signature of the Executive Director certifies that at the meeting of the Wildlife
Conservation Board held on November 21, 2019, the Board authorized the award
of a grant of up to $1,250,000.00 to Grantee for the Project.
11. EFFECTIVENESS OF AGREEMENT
This Agreement shall be deemed executed and effective as of the last date it is
signed by authorized representative(s) of each of Grantor and Grantee. Each
party shall sign two original counterparts of this Agreement. Each fully executed
counterpart shall be deemed an original. Grantee shall receive one fully
executed original and Grantor shall receive one fully executed original.
12. EXHIBITS
Each of the Exhibits referenced in this Agreement is incorporated by reference as
though set forth in full herein. The following Exhibits are attached to this
Agreement:
Exhibit A – Location Map
Exhibit B – Budget
Exhibit C – Disbursement Request Template
Exhibit D – Final Cost Share Template
Exhibit E – Work Plan
Exhibit F – Management Plan
Exhibit G – Form of Notice of Unrecorded Grant Agreement
Lower Walnut Creek Restoration Project Page 13
Grant Agreement Number WC-1928KM
Project ID: 2019107
IN WITNESS WHEREOF, the undersigned parties have executed this Agreement.
GRANTOR
STATE OF CALIFORNIA
WILDLIFE CONSERVATION BOARD
By: __________________________________ Date: _________________________
John P. Donnelly
Executive Director
GRANTEE
Contra Costa County Flood Control and Water Conservation District
By: _________________________________ Date: _________________________
Brian M. Balbas
Chief Engineer
Lower Walnut Creek Restoration Project, Contra Costa County EXHIBIT A
Grant Agreement Number –WC1928KM
Project ID: 2019107
EXHIBIT A – LOCATION MAP
Lower Walnut Creek Restoration Project, Contra Costa, County EXHIBIT B
Grant Agreement Number –WC1928KM
Project ID: 2019107
EXHIBIT B
BUDGET
Project Task Total Cost WCB Non-WCB
funds*
1. Site Preparation $1,467,940 $1,467,940
2. Earthwork $4,113,390 $1,250,000 $5,363,390
3. Access
Improvements $328,520 $328,520
4. Utility Relocations $1,222,325 $1,222,325
5. Revegetation $1,455,429 $1,455,429
TOTAL $8,587,604 $1,250,000 $9,837,604
*Non-WCB funding sources include contributions from the grantee, and from the US
EPA San Francisco Bay Water Quality Improvement Fund
Lower Walnut Creek Restoration Project, Contra Costa County
Grant Agreement Number WC-1928KM
Project ID - 2019107
EXHIBIT C
Contra Costa Flood Control and Water Conservation District, 255 Glacier Drive, Martinez, CA 94553 Invoice Date:
Contact:Paul Detjens, CCFCWCD: (925) 313-2394 Invoice No:
Project Name:Lower Walnut Creek Restoration Project
Agreement Number:WC-1928KM
WCB Project ID Number:2019107
Term of Project:December 31, 2019 - June 30, 2022
Invoice Period Covered:Beginning and End Date
Amendments:describe if any, along with date
WCB Project Manager:Kurt Malchow
PROJECT TASK TOTAL COST
MATCHING FUNDS,
CUMULATIVE**WCB ALLOCATION
WCB PRIOR INVOICED
AMOUNT
CURRENT WCB
INVOICE
Remaining Balance
of WCB allocation
available for
expenditure on this
task
Describe in a separate row each project task
in the Budget approved by the WCB - Must
be identical to those shown in the approved
budget unless amended
Show the total cost for each
task. Must be identical to those
shown in the approved budget
unless amended
Enter the total dollars of all non-WCB
invoices. This column should increase
progressively with sucessive invoices.
Show the total WCB allocated costs
for each task. Must be identical to
those shown in the approved budget
unless amended
Sum all invoices already
submitted to the WCB for
payment on this task (includes
amounts retained by WCB)
Amount of current
invoice applied to this
task
Remaining Balance of
WCB allocation available
for expenditure on this task
Task 1: Site Preparation 1,467,940.00$ -$
Task 2: Earthwork 4,113,390.00$ 1,250,000.00$
Task 3: Access Improvements 328,520.00$ -$
Task 4: Utility Relocations 1,222,325.00$ -$
Task 5: Revegetation 1,455,429.00$ -$
TOTAL 8,587,604.00$ -$ 1,250,000.00$ -$ -$ -$
Total Current Invoice:-$
Less Retention*:-$
TOTAL PAYMENT DUE:-$
Approved for Payment
CURRENT RETENTION -$
PREVIOUS RETENTION: $ By: ________________________________________________________
TOTAL RETENTION WITHHELD TO DATE:-$ Printed Name __________________________________ Date
*Retention: Unless otherwise approved in advance by WCB, 10% of total current invoice will be retained by WCB until the end of the project.
Each Invoice/Disbursement request should be accompanied by the following:
1. A detailed statement of services for the period covered by the invoice (photos may also be included if appropriate).
2. Supporting or back-up documentation for all charges on the invoice, including receipts for all materials and supplies, all Grantee staff time shown by
3. Clearly reconcile all supporting documents and identify them with the charges reflected in the invoice. If the attached supporting document includes a
charge that will be reimbursed in part by the WCB and another funding source, clearly indicate the portion being paid by the WCB, and reconcile
this amount with the invoice.
4. **Column: Matching Funds, Cumulative: this column should include the total dollars for all match funds and in-kind services provided per invoice period,
and should accumulate progressing forward with each invoice. Please refer to EXHBIT D- FINAL MATCH TEMPLATE, and contact WCB Project Manager for additional questions.
number of hours worked and hourly rate, and all sub-contractor services.
DISBURSEMENT REQUEST TEMPLATE
Lower Walnut Creek Restoration Project, Contra Costa County
Grant Agreement Number WC-1928KM
Project ID - 2019107
EXHIBIT D
Contra Costa Flood Control and Water Conservation District, 255 Glacier Drive, Martinez, CA 94553
Contact:Paul Detjens, CCFCWCD: (925) 313-2394
Project Name:Lower Walnut Creek Restoration Project
Agreement Number:WC-1928KM
Term of Project:December 31, 2019 - June 30, 2022
Amendments:describe if any, along with date
WCB Project Manager:Kurt Malchow
PROJECT TASK TOTAL COST
WCB
ALLOCATION MATCH SOURCE MATCH SOURCE MATCH SOURCE MATCH SOURCE TOTAL MATCH**
Column contents should be identical to Grant,
Exhibit B
Column will be
identical to Grant,
Exhibit B
Column will be identical
to Grant, Exhibit B Match Source #1, Name Match Source #2, Name Match Source #3,
Name
Insert additional
columns as needed.
Total of all non-WCB charges
to this task. This includes
invoices or charges for the
task item, attributed to another
funding source/ partner.
Task 1: Site Preparation 1,467,940.00$ -$
Task 2: Earthwork 4,113,390.00$ 1,250,000.00$
Task 3: Access Improvements 328,520.00$ -$
Task 4: Utility Relocations 1,222,325.00$ -$
Task 5: Revegetation 1,455,429.00$ -$
TOTAL 8,587,604.00$ -$ 1,250,000.00$ -$ -$ -$ -$
NOTES
1 ** This column will be the same as WCB Disbursement Template, "Matching Funds, Cumulative", and should be identical to match presented in Grant Exhibit B.
2 Matching funds backup documents to include: invoices, timesheets, or time estimates with justification. Grantee will keep backup documents for audit-ready files
(backup documents will not be provided to WCB).
3 This EXHIBIT D - FINAL MATCH ACCOUNTING FORM should be included with the final invoice when work is completed, in advance of retention release invoice.
4 If Project has numerous partners with small match items, these may be consolidated into one column. Please discuss with WCB Project Manager
FINAL MATCH ACCOUNTING FORM
Lower Walnut Creek Restoration Project, Contra Costa County Exhibit E
Grant Agreement Number WC-1928KM
Project ID: 2019107
Exhibit E - WORK PLAN
The project goal is to restore and enhance wetlands and associated habitats in
Lower Walnut Creek and to provide sustainable flood management, while
allowing opportunities for public access and recreation. Project objectives include
improving ecological function and habitat quantity, quality, and connectivity,
maintaining appropriate levels of flood protection, and allowing for future public
access. Initial site analyses and construction design has been arranged for these
project benefits to persist under future projected environmental changes such as
sea level rise and sedimentation.
The project is being implemented in four phases; Phase 1 – Planning and
Stakeholder Outreach (completed 2017), Phase 2 – Design, Permitting, and
Environmental Compliance (in progress), Phase 3 – Implementation of North and
South Reaches (2019-2022), and Phase 4 – Monitoring and Adaptive
Management of North and South Reaches (2022 - 2047). The Middle Reach will
be implemented in a subsequent phase, with the timing to be determined. The
grant funding under this agreement is to support Phase 3 of the project and will
be directed to earthwork construction for the North and South Reaches.
Construction - North Reach
The District’s selected contractor would implement the construction of the North
Reach portion of the project. Construction activities include:
• Mobilization, site preparation, permit compliance
• Excavation and grading to create new tidal channels, tidal marsh, adjacent
terrestrial lowlands, and upland habitats in all reaches
• Excavation to lower the existing berms
• Protection of existing buried utilities running in parallel to Waterfront Road
and in parallel to the existing access road
• Placement of excess excavation from the South and Middle reaches in the
North Reach
• Revegetation of terrestrial lowlands and upland areas
Long term vegetation maintenance and monitoring will take place outside the
scope of this grant and work plan.
Equipment anticipated for construction includes excavators, dozers, end dumps,
track pulled scrapers, conventional big wheel scrapers, water trucks, rollers, and
sheepsfoot compactor. Depending upon the contractor, channel excavation will
be performed with a combination of low ground pressure equipment including
excavators, dozers, end dumps, and track pulled scrapers. Fine grading of
transitional and upland slopes will be performed with a grader.
Lower Walnut Creek Restoration Project, Contra Costa County Exhibit E
Grant Agreement Number WC-1928KM
Project ID: 2019107
Construction – South Reach
The District’s selected contractor would implement the construction of the South
Reach portion of the project. Construction activities include:
• Mobilization, site preparation, permit compliance
• Earthwork to construct new setback levees and lower and breach existing
levees.
• Excavation and grading to create new tidal channels, tidal marsh, adjacent
terrestrial lowlands, and upland habitats
• Installation of levee maintenance access roads
• Relocation of utilities within the new levee footprint
• Revegetation of upland and transition habitats
Equipment anticipated for construction includes excavators, dozers, end dumps,
track pulled scrapers, conventional big wheel scrapers, water trucks, rollers, and
sheepsfoot compactor. Depending upon the contractor, channel excavation will
be performed with a combination of low ground pressure equipment including
excavators, dozers, end dumps, and track pulled scrapers. Fine grading of
transitional and upland slopes will be performed with a grader.
Lower Walnut Creek Restoration Project, Contra Costa County Exhibit F
Grant Agreement Number WC-1928KM
Project ID: 2019107
Exhibit F – Management Plan
This Management Plan outlines the key management strategies to ensure
sustainability of benefits funded by this grant for the Lower Walnut Creek
Restoration Project (Project) over the Project Life of 25 years.
The project goal is to restore and enhance wetlands and associated habitats in
Lower Walnut Creek and to provide sustainable flood management, while
allowing opportunities for public access and recreation. Project objectives include
improving ecological function and habitat quantity, quality, and connectivity,
maintaining appropriate levels of flood protection, and allowing for future public
access. Initial site analyses and construction design have been arranged for
these project benefits to persist under future projected environmental changes
such as sea level rise and sedimentation.
Responsible Parties
The District, in conjunction with its partner, will be responsible for ongoing
maintenance, management and monitoring of the Project , including gathering
and analyzing data and issuing all required monitoring reports. The District’s
partner in the North Reach (Pacheco Marsh) is the John Muir Land Trust (JMLT).
JMLT’s partnership applies only to the North Reach of the project. For the South
Reach, ongoing maintenance, management and monitoring will be the sole
responsibility of the District.
Funding Mechanisms
The District will use ad valorem tax revenue collected from property owners in
the watershed to satisfy long term District responsibilities related to the Project.
JMLT will use other JMLT funds, grants, and donations from corporations,
foundations and individuals to satisfy JMLT long term responsibilities related to
the Project.
Management and Maintenance Activities.
The Project has been specifically designed to minimize the need for active
operations and ongoing maintenance. Ongoing management activities are
expected to include:
1. Vegetation Maintenance
2. Trash Collection
3. Site Security
4. Repair of vandalism
5. Inspection and repair of levees, storm drains, embankments and channels
These are described in more detail in the following sections.
Lower Walnut Creek Restoration Project, Contra Costa County Exhibit F
Grant Agreement Number WC-1928KM
Project ID: 2019107
Note that the public access trails and facilities to be installed in future phases of
the Project are beyond the scope of this grant, and thus are not discussed in this
plan.
Vegetation Management
Vegetation management will be focused on restricting the spread of target
invasive exotic species and may include mechanical treatment (mowing, manual
pull, mechanical scrape) and/or herbicide application, as determined by a
qualified biologist/botanist in response to particular site conditions. Actions to
control non-native invasive plant species are outlined below.
Mediterranean stinkwort and perennial pepperweed are species of particular
concern and thus top priority for control. Populations targeted for management
would be selected based upon population size and location relative to restoration
design elements, and on feasibility of elimination/control within the available
timeframe.
• Mechanically treat (hard mow, manually pull, mechanically scrape) selected
stinkwort colonies in late summer/early fall, during the earliest flowering stages,
prior to seed set; treat regrowth and new seedlings with herbicides approved by
federal (e.g., U.S. Environmental Protection Agency) and state (e.g., California
Environmental Protection Agency) regulatory and permitting agencies for wetland
applications.
• Treat selected pepperweed and other invasive plant species with mechanical
removal and/or glyphosate herbicide formulations approved for wetland
applications. Treat during late preflowering bolting (maximum shoot elongation)
or up to earliest flowering stages (usually late March to early May, depending on
temperatures); retreat new growth with herbicides in summer prior to seed set.
More information about weed management can be found in the Lower Walnut
Creek Project Monitoring and Adaptive Management plan (MAMP), including a
list of target weeds for management, summary information on management
methods, and a preliminary schedule of weed management activities for control
of potential invasive plant species. Generally, high priority weeds will be
monitored twice a year, or as needed.
Trash Collection, Site Security and Repair of Vandalism
The District and JMLT both have significant land holdings and have extensive
experience with long term site management, including trash collection, site
security and repair of vandalism. Before public access amenities are installed,
no official public access will be permitted, and management of the restored
Project area will be similar to existing management of the ‘pre-project’ area. The
area will be inspected periodically, gates will be repaired as needed, and
maintenance crews will remove material that may have been dumped onto the
property. After official public access is allowed, site management will become
Lower Walnut Creek Restoration Project, Contra Costa County Exhibit F
Grant Agreement Number WC-1928KM
Project ID: 2019107
more active with servicing of trash receptacles and maintenance of gates and
fences to facilitate proper access and discourage trespass.
Inspection and repair of levees, storm drains, embankments and channels
During the 10 year regulatory monitoring period, the built infrastructure will be
closely monitored with results reported to the various regulatory agencies having
jurisdiction over the Project. Once the monitoring period is complete, the Project
site will enter a phase of long term stewardship. As with other long term
holdings, Project infrastructure will typically be inspected annually, or
immediately following significant storm events. Any identified remedial work will
be scheduled depending on the severity of any damage and the reduction in level
of service.
How the Project Design Ensures Sustainability of the Project Objectives
The overall project design approach is to restore natural hydrology,
sedimentation, and vegetative processes that naturally sustain tidal wetlands and
associated habitats over time, minimizing the need for ongoing management. In
this way, the design maximizes sustainability.
The items of work funded by this Wildlife Conservation Board grant (see work
plan in Exhibit E) are primarily excavation and grading which are considered
permanent project features and are unlikely to be removed or damaged over
time, ensuring their continued effectiveness.
The District has owned the South Reach since 1965 and will continue to hold
those areas in fee title. The District has owned the creek portion of the North
Reach since 1965 and will continue to hold those areas in fee title. The District
and JMLT have jointly owned and managed the Pacheco Marsh portion of the
North Reach since its purchase for the project in 2003. Currently, the District
holds fee title to Pacheco Marsh, but intends to transfer fee to JMLT once Project
implementation is complete.
EXHIBIT G
Recording requested by,
and when recorded mail to:
STATE OF CALIFORNIA
Department of Fish and Wildlife
Wildlife Conservation Board
P.O. Box 944209
Sacramento, California 94244-2090
Space above this line for Recorder's Use____________________
Project: NAME
County: Project ID:
NOTICE OF UNRECORDED GRANT AGREEMENT
A Grant Agreement titled for reference purposes as NAME (Agreement No. XXXX), was entered
into by and between the State of Californ ia, by and through the Wildlife Conservation Board
(Board), NAME (Grantee) and NAME (Landowner). As this recording is on the behalf of the
State, please note the recording of these documents is not subject to payment of fees pursuant
to Section 27383 of the Government Code .
The Board, Grantee and Landowner entered into said Grant Agreement (No. WC -XXXX),
pursuant to which the Board granted funds to Grantee to perform certain activities on the certain
real property in XXXX County owned by the Landowner, to BRIEF PROJECT DESCRIPTION,
E.G., RESTORE WETLAND HABITAT . The Grant Agreement term runs from DATE, through
DATE, for capital improvements and restoration activities and from DATE, through DATE
(typically 25 years), for management and monitoring practices. The terms, conditions and
restrictions of the Grant Agreement are binding upon and inure to the benefit of the Landowner,
and their respective personal representatives, heirs, successors, and assigns and shall continue
as a servitude running for the project life span of the project o n the subject lands as described in
Exhibit "A" attached hereto and incorporated herein by this reference. For additional terms and
conditions of the Grant, reference should be made to the Grant Agreement which is on file with
the Wildlife Conservation Board, 1700 9th Street, 4th Floor, Sacramento, California 95811.
SIGNATURE OF STATE OF CALIFORNIA, WILDLIFE CONSERVATION BOARD
______________________________________________ DATE__________________
John P. Donnelly, Executive Director
SIGNATURE OF GRANTEE (NAME)
______________________________________________ DATE__________________
NAME, TITLE
SIGNATURE OF LANDOWNER (NAME)
_(This is an EXAMPLE NOUGA – Do Not sign this copy)_ DATE_________________
EXHIBIT G
NAME, TITLE
EXHIBIT G
EXHIBIT A
LEGAL DESCRIPTION
All that certain real property situate in the County of XXXX, State of California,
described as follows:
RECOMMENDATION(S):
DENY claims filed by Jody L. Blanchard, Anthony Tyrone Garrison, Emerson and Sarah Gomez, Sarad
Gyawali, Elijah Hawkins III, Meera Paul, and Jeremy D. Recht for Recht Estate Trust. DENY amended
claim filed by Leah Burris and M.S. a minor.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
Jody L. Blanchard: Property claim for damage to vehicle due to roadway in the amount of $4,689.67
Anthony Tyrone Garrison: Personal injury claim for violation of civil rights in the amount of $25,000.
Emerson & Sarah Gomez: Claim for indemnity and contribution arising out of a motor vehicle accident.
Sarad Gyawali: Property claim for damage to vehicle arising out of motor vehicle accident in unknown
amount.
Elijah Hawkins III: Personal injury claim for damages arising out of a motor vehicle accident in an amount
to exceed $25,000.
Meera Paul: Property claim for damage to vehicle due to roadway in the amount of $85.
Jeremy D. Recht for Recht Estate Trust: Property
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V
Supervisor
Contact: Scott Selby
925.335.1400
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc:
C. 9
To:Board of Supervisors
From:David Twa, County Administrator
Date:November 12, 2019
Contra
Costa
County
Subject:Claims
BACKGROUND: (CONT'D)
claim for damage to personal property arising out of probate matter.
Leah Burris: Amended claim for medical negligence in an amount to be determined.
M.S., a minor: Amended claim for medical negligence in an amount to be determined.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V
Supervisor
Contact: Colleen Isenberg,
9255217100
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc:
C. 10
To:Board of Supervisors
From:Karen Mitchoff, District IV Supervisor
Date:November 12, 2019
Contra
Costa
County
Subject:Recognizing the Veterans in Contra Costa County
AGENDA ATTACHMENTS
Resolution 2019/620
MINUTES ATTACHMENTS
Signed Resolution No.
2019/620
In the matter of:Resolution No. 2019/620
Recognizing the Veterans in Contra Costa County
November 11, 1919, President Woodrow Wilson proclaimed the first
commemoration of Armistice Day; and
Whereas, in 1938 an act was passed to make November 11th a Federal Holiday
dedicated to the cause of world peace and would be known as Armistice Day; and in
1954 a new act was passed which changed the name from Armistice Day to Veterans
Day and it has been celebrated ever since; and
Whereas, on Veterans Day, we pay tribute to the service and sacrifice of the men and
women who in defense of our freedom have bravely worn the uniform of the United
States; and
Whereas, today, we are reminded of our solemn obligation; to serve our veterans as
well as they have served us; and
Whereas, our veterans have defended our nation's ideals established by our founding
fathers, protected the innocent, and liberated the oppressed from tyranny and terror;
and
Whereas, the freedom and security enjoyed by Americans is the direct result of the
sacrifices of those who have served and who are serving in our Armed Forces; and
Whereas, our veterans have served with honor, courage, and commitment in World
War II, Korea, Vietnam, Operation Desert Storm, Afghanistan, Iraq, and other
military actions protecting our freedoms; and
Whereas, our veterans who fought to protect our democracy are strengthening it here
back at home. Once leaders in the Armed Forces, they are now pioneers of industry
and pillars of their communities. Their character reflects our enduring American
spirit, and in their example, we find inspiration and strength; and
Whereas, many of our veterans continue to serve one another through the over 20
veteran services organizations throughout Contra Costa County that continue to
provide invaluable services to our veterans: assistance with health claims, job training
programs, community support, and countless hours of volunteer services throughout
our communities; and
Whereas, we will never forget the heroes who have made the ultimate sacrifice and all
those who have not yet returned home.
that the Board of Supervisors of Contra Costa County does hereby recognize and honor the men and
women of our country, who have served, and who are serving, in our Armed Forces of the United States in
observance of Veterans Day 2019.
___________________
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: November 12, 2019
David J. Twa,
By: ____________________________________, Deputy
C.10
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V
Supervisor
Contact: Colleen Isenberg,
925-521-7100
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc:
C. 11
To:Board of Supervisors
From:Karen Mitchoff, District IV Supervisor
Date:November 12, 2019
Contra
Costa
County
Subject:In the matter of honoring Jeffrey Jewell the Concord Vet Center Director on his retirement
AGENDA ATTACHMENTS
Resolution 2019/621
MINUTES ATTACHMENTS
Signed Resolution No.
2019/621
In the matter of:Resolution No. 2019/621
honoring Jeffrey Jewell the Concord Vet Center Director on his retirement
Jeffrey (Jeff) Jewell is a United States Air Force Veteran from 1973 to 1981 with two
tours at Travis Air Force Base in California and one tour at Yokota Air Force Base in
Japan as a crew chief on C5-A’s; and
Whereas, prior to coming to the Department of Veterans Affairs, Jeff was a Veterans
Benefits Counselor for ten years in Solano County; and
Whereas, he joined the Department of Veterans Affairs, Vet Center Team in 2001 at
the Oakland Vet Center as Readjustment Counseling Therapist and transferred to the
Concord Vet Center in 2003; and
Whereas, in March 2010, he was promoted to the director of the Sacramento Vet
Center; and
Whereas, in January 2014, Jeff returned to the Concord Vet Center as the Director;
and
Whereas, he was the lead bereavement counselor for the Vet Centers and he has been
as the lead counselor at the Marine Memorial Annual Connection and Sharing Event
with Gold Star Families for 16 years; and
Whereas, Jeff has been doing outreach at California State Prison Solano, Vacaville
and California Medical Facility, Vacaville for the past 17 years to veterans that are
incarcerated; and
Whereas, he has earned the following degrees all with honors: Associate of Arts in
Business, Solano Community College; Bachelor of Arts in Human Relations, Golden
Gate University; Master’s in Public Administration, Human Resource Management,
Golden Gate University; Master of Arts, Psychology, Marriage and Family Therapy,
Chapman University; and
Whereas, Jeff is currently the 5th District Commander for the American Legion; and
Whereas, he is part of the Veterans Court in Solano County; and
Whereas, Jeff is the past chairman of the Vet Center National Homeless Veterans
Working Group and he is the Director of the annual North Bay Homeless Veterans
Stand-down.
that the Contra Costa County Board of Supervisors recognizes Jeffrey Jewell on the occasion of his
retirement and honors his hard work and dedication to the veterans of our community.
___________________
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: November 12, 2019
David J. Twa,
By: ____________________________________, Deputy
C.11
RECOMMENDATION(S):
INTRODUCE Ordinance No. 2019-33 calling a special election for voter approval of a 35-year countywide
transportation transaction and use tax, and consolidating the special election with the statewide primary
election on March 3, 2020; WAIVE reading; and FIX November 19, 2019 for adoption.
FISCAL IMPACT:
The Authority has committed to reimbursing the County for all costs of conducting this election.
BACKGROUND:
Ordinance No. 2019-33 calls a special election for the purpose of submitting a 35-year countywide
transportation transaction and use tax (sales tax) to the voters of Contra Costa County, pursuant to Public
Utilities Code section 180201 et seq. and Revenue and Taxation Code section 7291, as requested by the
Contra Costa Transportation Authority (Authority). The ordinance also consolidates the special election
with the statewide primary election on March 3, 2020.
Over the past several months, the Authority has undertaken actions necessary to have a measure placed on
the March 2020 primary election ballot that would establish an additional one-half of one percent sales tax
for transportation purposes to meet the growing needs of Contra Costa County. If the tax passes, the
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V
Supervisor
Contact: John Cunningham (925)
674-7833
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc: Brian Balbas, Tim Haile
C. 12
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:November 12, 2019
Contra
Costa
County
Subject:Introduction of an Ordinance Calling for a Special Election for a Local Sales Tax for Transportation Improvements
and Growth Management
BACKGROUND: (CONT'D)
revenues will supplement an existing one-half of one percent local transportation sales tax implemented
by Measure C in 1988, which was extended until March 31, 2034 by Measure J in 2004.
As required by Public Utilities Code section 180206, the Authority prepared a Transportation
Expenditure Plan (TEP), entitled "A Transformative Plan For Contra Costa's Future, 2020
Transportation Expenditure Plan", that sets forth the use of the approximately $3.6 billion expected to be
derived from the 35-year sales tax. The proposed TEP also includes a revised Growth Management
Program (GMP), a new Complete Streets Policy, a new Road Traffic Safety Policy, a new Transit
Policy, and a new Advance Mitigation Program to help the Authority achieve its goals to reduce future
congestion, manage the impacts of growth, and expand alternatives to the single-occupant vehicle.
The Authority approved the final language for the TEP on August 28, 2019 and released the TEP for
approval by city/town councils and the County Board of Supervisors. By October 22, 2019, the TEP was
approved by the city/town councils of all nineteen of the cities/towns in Contra Costa County and the
County Board of Supervisors (the Board approved the TEP on September 24, 2019).
Following approval of the TEP by the governing boards of Contra Costa County and its cities/towns, the
Authority approved the TEP on October 30, 2019 by Authority Ordinance 19-02. Ordinance 19-02 and
the associated TEP are attached to this report. At the same time, it adopted Authority Ordinance No.
19-03, which establishes a transportation sales tax for the period from July 1, 2020 to June 30, 2055,
subject to the approval of two-thirds of the voters. Through Authority Resolution 19-55-P the Authority
also requested that the Board of Supervisors call and consolidate an election for the purpose of
submitting a ballot measure to the qualified voters seeking approval of the sales tax.
Public Utilities Code sections 180201 and 180203 require the election to be called by a county
ordinance. At least five days must elapse between introduction and adoption of the ordinance. The
Board’s action today introduces the ordinance, waives its reading, and fixes adoption of the ordinance
for November 19, 2019. The Board’s adoption of this ordinance is a ministerial activity that is exempt
from CEQA (Public Resources Code section 21080(b)(1)).
The sample ballot mailed to the voters will contain the full proposition, as set forth in Section III of
Ordinance 2016-17, and the voter information handbook will include the entire TEP and Authority
Ordinance No. 19-03, which establishes the sales tax.
Pursuant to Public Utilities Code section 180203(a) and Authority Resolution 19-55-P, the Authority
will reimburse the County for all costs of conducting the election, including those relating to
consolidation of the election.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board of Supervisors does not take the recommended actions, the Authority’s proposed 35-year
countywide transportation sales tax will not be submitted to the voters as a measure on the March 3,
2020 ballot.
ATTACHMENTS
CC County Ord 2019-33 TEP-Election
CCTA Ordinance 19-02 Adopting the 2020 Transportation Expenditure Plan
October 31, 2019CONTRA COSTA transportation authority ORDINANCE 19-02 AN ORDINANCE OF THE CONTRA COSTA TRANSPORTATION AUTHORITY ADOPTING THE 2020 TRANSPORTATION EXPENDITURE PLAN ORIGINAL WHEREAS, the Contra Costa Transportation Authority (Authority) is considering the countywide imposition of a one-half of one cent sales tax for transportation purposes for a period of 35 years, effective on July 1, 2020 through June 30, 2055; and WHEREAS, Public Utilities Code (PUC) Section 180206 requires preparation and adoption of a Transportation Expenditure Plan (TEP) for the expenditure of the revenues expected to be derived from a transactions and use tax, together with other federal, state, and regional funds expected to be available for transportation improvements, for the period during which the transactions and use tax is to be imposed; and WHEREAS, the Authority Is required to receive approval of the TEP from the Contra Costa County Board of Supervisors and the City/Town Councils representing both a majority of the Cities/Towns in Contra Costa County and a majority of the population residing in the incorporated areas of Contra Costa County; and WHEREAS, the Authority conducted extensive consultations with local governments and conducted outreach to a wide variety of Interest groups and the public in order to develop a TEP proposing a potential mix of projects and programs to be funded by the proposed sales tax; and WHEREAS, the Authority circulated the TEP and received approval of the TEP from the Contra Costa County Board of Supervisors and the City/Town Councils representing all Cities/Towns in Contra Costa County and a majority of the population residing in the incorporated areas of Contra Costa County. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: 1) ADOPTION. The Authority adopts the TEP, which Is set forth In the text of Exhibit 1 to this ordinance, incorporated herein by reference and made a part of this ordinance as if fully set forth at this point. The Authority also adopts a TEP summary by subregion as Exhibit 2 to this ordinance; incorporated herein by reference and made a part of this ordinance as if fully set forth at this point, which is not part of the TEP and may be
Ordinance 19-02
October 30, 2019
Page 2 of6
revised by an amendment to this ordinance. The graphical representation ofthe text
serves as illustrations and are not a substantive part ofthe TEP. The revenues received
by the Authority from this ordinance, after deduction of required California Department
of Tax and Fee Administration (CDTFA) costs for performing the functions specified in
PUC Section 180204, and for th e administration of the TEP commencing with PUC
Section 180200, shall be used for transportation projects and programs coun t ywide as
set forth in the TEP and in a manner consistent with the Countywide Transportation Plan
(CTP) d eveloped by the Authority;
2) TRANSPORTATION IMPROVEMENT PROGRAM PURPOSES . In the allocation of all
revenues made available from the transactions and use tax, th e Authority shall make
every effort to maximize state, fede ral and reg i onal transportat ion . The Authority may
amend the TEP, in accordance with Section 3, as needed, to maximize the
t r ansportation funding to Contra Costa County. The revenue s shall be allocated in
accordance with the TEP;
3) AMENDMENTS.
A. Amendments to the ordinance.
1. This ordinance may be amended to further its purposes. The Au t hority shall
establish a process for proposed ordinance amendment(s) which ensures
that the Regional Transportation Planning Committees (RTPCs) participate in
proposed ordinance amendment(s). Upon complet ion of that process ,
amendment{s) to this ordinance must be passed by a roll call vote entered in
the minutes and must have two-th irds of the Authority Board concurring
w ith the proposed amendment(s).
2 . In the event that a local jurisdiction does not agree with the Authority's
amendments(s), the jurisdiction's policy decision-making body must, by a
majority vote, determine to formally notify the Authority of its intent, in
writing via registered mail, to obtain an ov e rride of th e Authority's
amendment(s). The appealing jurisdiction will have 45 days from the date the
Authority Board adopts the proposed amendment(s) to obtain resolutions
supporting its appeal for an override of the amendment(s) from a majority of
the Cities/Towns representing a majority of the population residing within
the incorporated areas of Contra Costa County and from the Contra Costa
County Board of Supervisors. If a jurisdiction does not obtain the necessary
Ordinance 19-02
October 30, 2019
Page 3 of6
resolutions supporting its appeal, the Authority's amendment(s) to the
ordinance will stand.
B. Amendments to the TEP.
1. The Authority may review and propose amendments to the TEP and the
Growth Management Program (GMP) to provide for the use of additional
federal, state, and local funds, to account for unexpected revenues, or to
take into consideration unforeseen circumstances. Affected RTPCs and the
Public Oversight Committee (POC) will participate in the development of the
proposed amendment(s). Upon completion of this process, amendment(s) to
the TEP must be passed by a roll call vote entered In the minutes and must
have a supermajority (66%) vote of the Authority Board to approve an
amendment. Any amendment to the TEP that is administrative or less than
$50 million will require a 45 -day period to comment on the proposed
amendment. Any amendments to expenditure categories that total $50
million or greater, whether submitted as one amendment or a series of
related amendments, will require the following:
a. The need for such amendment shall be properly demonstrated in a
regularly scheduled public meeting of the Authority Board;
b. The Authority shall make a presentation at the earliest possible POC
and RTPC meetings outlining the details of the proposed amendment
and allow for POC and RTPC input;
c. No fewer than two special public information and comment sessions
shall be held and publicized by the Authority within 90 days
following the initial Authority Board meeting;
d. The proposed amendment will be given a 90-day public comment
period; and
e. The proposed amendment shall be voted on during a regularly
scheduled Authority Board meeting.
The Authority shall notify the Contra Costa County Board of Supervisors, the
City/Town Councils of each City/Town in Contra Costa County and the RTPCs
and provide each entity with a copy of the proposed amendment(s).
Pursuant to PUC Section 180207, proposed amendment(s) shall become
Ordinance 19-02
October 30, 2019
Page4 of6
effective 45 days after notice Is given, unless appealed under the process
outlined in the following paragraph. The Authority shall hold a public hearing
on the proposed amendment(s) within this 45 -day period .
In the event that a local jurisdiction does not agree with the Authority's
amendments(s), the jurisdiction's policy decision -making body must, by a
majority vote, determine to appeal and shall, within 45 days after notice is
given by the Authority, formally notify the Authority of its intent, in writing
via registered mall, to obtain an override of the Authority's amendment(s).
The appealing jurisdiction will have 45 days from the date of its
determination to appeal the proposed amendment(s) to obtain resolutions
supporting its appeal for an override of the amendment(s) from a majority of
the Cities/Towns representing a majority of the population residing in the
incorporated areas of Contra Costa County and from the Contra Costa
County Board of Supervisors. If a jurisdiction does not obtain the necessary
resolutions supporting its appeal, the Authority's amendment(s) to the TEP
will stand;
4) PRIVATE SECTOR FUNDING. Revenues provided from the transactions and use tax shall
not be used to replace private developer funding, which has been or will be committed
for any project;
5) DESIGNATION OF FACILITIES . Each project or program in excess of $250,000 funded in
whole or in part by revenues from the ordinance shall be clearly designated in writing
via signs and/or documents, during its construction or implementation as being funded
by revenues from the ordinance;
6) COORDINATION. The Authority shall consult and coordinate its actions to secure funding
for the completion and improvement of the priority regional projects with the California
Transportation Commission (CTC), transit operators and other interested and affected
parties for the purpose of integrating its transportation improvements with other
planned improvements and operations impacting Contra Costa County. In addition, the
Authority shall seek all ways to expedite the completion of TEP projects, the
implementation of which is the responsibility of other agencies;
7) EMINENT DOMAIN . The Authority will not use its power of eminent domain as provided
in PUC Section 180152;
Ordinance 19-02
October 30, 2019
Page 5 of6
8) COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970 (CEQA}.
The Authority Board finds that the approval of this ordinance is not a ({project" and
alternatively, is exempt from CEQA. The o rdinance is intended to provide a plan for a
funding mechanism for future projects and programs, related to the Authority's
provision of transportation services. The ordinance does not commit the Authority to
any particular project, program, or capital improvement. Accord i ngly, the Authority
hereby finds that, under CEQA Guidelines Section 15378(b}(4}, adoption ofthe
ordinance and TEP as a prerequisite to establishing a government funding mechanism Is
not a project subject to the requirements of CEQA because the TEP merely facilitates
"[t]he creation of [a] government funding mechanism or other fiscal activity which
do[es] not involve any commitment to any specific project wh ich may result in a
potentially significant physical impact on the environment." (Cal. Code Regs., tit. 14,
Section 15378, subd. (b)(4); see also Sustainable Transportation Advocates of Santa
Barbara v. Santa Barbara County Association of Governments 179 Cai .App.4th 113, 123
(holding that the adoption of a transportation expenditure plan in accordance with PUC
Section 180206 ''does not qualify as a project within the meaning of CEQA because it is a
mechanism for funding proposed projects that may be mod ified or not implemented
depending upon a number of factors, including CEQA environmental review"].) Further,
because the ordinance does not authorize the construction of any projects that may
result in any direct or indirect physical change In the environment and is subject to
further discretionary approvals, including the pre-conditions found in PUC Section
180206(b), approving the ordinance is not an approval that "comm its the agency to a
definite course of action ." (CEQA Guidelines Section 15352.) The timing, design, and
approval of individual projects to be funded by the ordinance are dependent on fund i ng
availability, need, and CEQA review. Thus, the ordinance has no potential for causing a
significant effect on the environment and is exempt from any further review under
CEQA. (CEQA Guidelines Section 15061(b)(3).);
9) SEVERABILITY. If any section, part, clause or phrase ofthis ordinance is for any reason
held invalid or unconstitutional, the remaining portions shall not be affected but shall
remain in full force and effect; and
10) EFFECTIVE DATE : This ordinance shall be effective immediately upon adoption.
Ordinance 19-02
October 30, 2019
Page 6 of6
PASSED AND ADOPTED by the Contra Costa Transportation Authority Board of Di rect ors i n
Walnut Creek, State of California , on October 30, 2019, by the following vote :
AYES: Cha i r Taylor, Vi€e-€nal~, and Commissioners Abelson , Arnerich, Gerringer,
Glover, Haskew, Hudson, M itchoff, Romick, and Swearingen
NOES : Non e
ABSENT :
ABSTAIN:
Comm issioner Butt l.And V1 t.e (.1.-\~,·r Pie~
None
This Ordinance 19-0Z was entered into at a
special meeting of the Contra Costa
Transportation Authority Board held on
October 30, 2019, in Walnut Creek, California,
and shall become effective as provided above.
Attest:
~r i enne Grover, Clerk of the Board
Robert Tay l or, Chair
EXHIBI T 1
2020 TRANSPORTATION EXPENDITURE PLAN
[Attached behind this page]
EXHIBITl
}} TABLE OF CONTENTS
03 ............. A New Transportation Future for Contra Costa County
Transportation E~penditurc Plan Funding Summary
07 ............. Decades oflransportation Improvements and Managed Growth
Who We Are and What We Do
Fulfilling Our Promise to Contra Costa County Voters
Transportation for th e Next Three-and-a-Half Decades
Local Funding for Local Projects
II ............... A Roadmap for the Fu1ure
What Thi s Transportation ExtJonditu ra Plan Will Accompli sh
Commilmon! to Performance
Achieving Intended Outcomes
Ta xpayer Safeguards
Pertinent Policie s
15 .............. Proposed Transit and Transportation Investments
Pl anning for the Future
Reli eving Conge stion on Highw ays, Interchanges , and Major Roads
Improve SR-242 , Hi ghway 4, Tran sit, and eBART Corr idor
Modernize 1-680 , Highway 24 , Transit, and BART Corridor
Enhance 1-80, 1·5BO, Transit , and BART Corridor
Impro vin g Transit and Transportation Countywide in All Our Communities
29 ............. Policy Statements
The Growth Management Program (GMP)
Urban Limit Line (ULL) Compliance Requirements
Transit Policy
Complete Streets Policy
Advance Mitigation Program
Taxpayer SaJeguards and Accountability Policy
Road Traffic Safety Poli cy
f
ALAM EDA
COUNTY
))
SOLANO
COUNTY
LEGEND
-Roadways
••••• BART
Passenger Tra in
• • • • • • Counly Subregions
Co ntra Costa is a c o u nt y as un ique and diverse as its
residents . Our communit i es stretch from the Richmond
coastli ne to Discov ery Ba y, f rom Po rt Ch icago to the San
Ram o n Valley, and from M o u nt Diablo t o Croc kett Hills.
)} ALL FUN DING AMOUNTS presente d in th i s
Transp o rtation Expend iture Plan are rounded.
lllllllllfii!IIH!l
I
A NEW TRANSPORTATION FUTURE
FOR CONTRA COSTA COUNTY
TRANSPORTATION EXPENDITURE PLAN FUNDING
SUMMARY
The Contra Costa Transportation Authority (CCTA) envisions a futu re where all
transportation systems work together for more streamlined, safe, efficient. and
convenient trave l. We've created a focused plan that ensures funds directly benefit
your commute. CCTA is co mmitted to outcomes-based delivery, where all projects
meet performance targets for reduced traffic, shortened commute times, reduced
greenhouse gas emissions (GHG). and other mandates and goals.
This 2020 Transportation Expenditure Plan {TEP) focuses on innovative strategies and new
technologies that will relieve congestion, promote a strong economy, protect the environment.
promote social equity, and enhan ce the quality of life for all of Contra Costa County 's diverse
communities. This plan outlines projects that will achieve a broad range of goals:
-? Relieve Traffic Congestion on Highways and Interchanges. CCTA's goal Is to
smooth traffic flow and reduce congestion for people and goods through major
corridors. to address bottlenecks an d hot spots, and to make commutes smoother
and more predictable.
-? Make Bus, Ferry, Passenger Train, and BART Rides Safer, Cleaner, and More
Reliable. Contra Costa County's residents and t ravelers value safe, clean, convenient,
and affordable transit options. CCTA's goal is to support t ra n si t operators In p ro viding
more frequent and reliable transit services and to plan and build th e Infrastructure
that Improves connectivity countywide.
~ Provide Accessible and Safe Transportation for Children, Seniors, Veterans, and
People with Disabilities. CCTA will prioritize social equity and provi de better mobility
options for all , especially for those with the greatest tra nsportation ba rriers, such as
youth, seniors, people of lower In co mes, and people w it h disabilities.
~ Improve Transportation in Our Communities. CCTA supports livable comm un ities
by providing local cities and towns with funding to f ix and modernize loca l streets ,
offer safe r pla ces to walk and cycle, and improve air quality. We're committed to
funding infrastructure that provid es access to affordable housing and jobs. CCTA
also helps manage urban sprawl through its advanced mitigation programs and the
county's growth management progr am .
The TJ:P Is Intentionally designed to be equitable across the entire county, based on
population. CCTA commits to delivering proportionally greater b enefits to Communities
of Concern (as defined by the Metropolitan Transportat ion Com missio n) and
low-Income residents . CCTA understands that acces s to quality transportat io n, jobs,
housing, education . health care, and public safety contribute to residents' well-being.
All locally generated transportation revenue-plus any additional grant funding
CCTA receives-will be spent on local projects in Contra Costa County.
'----------------------------------------.. ~O~Offi MISPUR I AIIlllllXPlri01111R£Pl.Ml
3
4
TRANSPORTATION EXPENDITURE PLAN FUNDING SUMMARY
----~-----
SUBTOTALS
FUNDING CATEGORIES %
Improve State Route 242 (SR·242), Highway 4, Transit, and eBART Corridor
Relieve Congestion and Improve Access to Jobs Along Highway 4 and SR -242
Improve Local Access to Highway 4 ahd Byron Airport
East County Transit Extension to Brentwood and Connectivity to Transit, Rail, and Parking
Improve Traffic Flow on Major Roads in East County
Enhance Ferry Service and Commuter Rail in East and Central County
Improve Transit Reliability Along SR-242 , H ighway 4, and Vasco Road
Additional eBART Train Cars
Seamless Connected Transportation Options
Modernize 1-680, Highway 24, Transit, and BART Corridor
Relieve Congestion, Ease Bottlenecks, and Improve Local Access Along the 1-680 Corridor
Improve Traffic Flow on Major Roads in the Central County and Lamorlnda
Improve Transit Reliability along the 1-680 and Highway 24 Corridors
Provide Greater Access to BART Stations Along 1-680 and Highway 24
Improve Traffic Flow on Highway 24 and Modernize the Old Bores of Caldecott Tunnel
Improve Traffic Flow on Major Roads In San Ramon Valley
Seamless Connected Transportation Options
Enhance 1-80, 1-580 (Richmond-San Rafael Bridge), Transit, and BART Corridor
Improve Transit Reliab ility Along the 1-80 Corridor
Relieve Congestion and Improve Local Access Along the 1-80 Corridor
Improve Traffic Flow on Major Roads In West County
Enhance Ferry Service and Commuter Rail in West County
Improve Traffic Flow and Local Access to Richmond-San Rafael Bridge Along 1-580 and Richmond Parkway
Seamless Connected Transportation Options
~~~~~~~~~~~~~mm~~--~
Modernize Local Roads and Improve Access to Job Centers and Housing
Provide Convenient and Reliable Transit Services In Central, East, and Southwest Contra Costa
Increase Bus Services and Reliability In West Contra Costa
Improve Walking and Biking on Streets and Trails
Accessible Transportation for Seniors, Veterans, and People with Disabilities
Cleaner, Safer BART
Safe Transportation for Youth and Students
Reduce and Reverse Commutes
Reduce Emissions and Improve Air Quality
SUBTOTAL
TOTAL
'Fu n/Jitl!J omotmts ltre r ounded
r.on l u r:ast:l lr ;~n ~pnnOI IIOII Au lh i.IH iy
705 19.5
200 5 .5
150 4.2
100 2 .8
107 3 .0
50 1.4
50 1.4
28 0 .8
20 0 .6
536 14.9
200 5 .5
145 4.0
50 1.4
49 1.4
35 1.0
32 0.9
25 0 .7
243 6.7
90 2 .5
57 1.6
38 1.1
34 0.9
19 0.5
5 0 .1 ..
628 17.4
392 10.9
250 6 .9
215 6 .0
180 5 .0
120 3 .3
104 2 .9
54 1.5
37 1.0
$3,464 96%
'
$3,608 l 100%
: ..
• • • • • • • •
• • • •
• • • •
•
• • • • • • • •
• • • • • • • • • • • • •
• •
$197 $363 $1 ,333 $925
6 % 11% 38% 27%
• •
•
•
•
•
$647
18%
EXPENDITURES BY
FACILITY TYPE AND MODE
55 %
\
NOTE: Percentages do not Include Tran sportation Planning and AdmlniSITallotl
EXPENDITURES BY
SUBREGION AND POPULATION
WEST
SOU THWEST
• Pop ulo1 tlon biJsed on Association of B;w Area Go v11mments (ABAG)
Proj ections 2 0 13 for yeilr 203 7
$/nmffflons
----------------------------------------. 20•0 TRM ISPOR lATIO:t lXPUI OIIUII E I'LA it
5
•
OUR NEW TRANSPORTAliON FUTURE
Carefully crafted to offer a broad array of tangible benefits to all,
this Plan will bring:
>> Smooth-flowing traffic alo~g highways and roads
» Quicker trips and less tlrne sitting In traffic
» Smoother pavement and fewer potholes
» Transit, where and when It 's needed
» Eas ier ways to get from home or work to transit stops and back home again
» Cleaner air due to reduced vehicle emissions
» More bicycle lanes and walking paths to support an active lifestyle
>> Free or reduced transit fares for students
DECADES OF TRANSPORTATION
IMPROVEMENTS AND
MANAGED GROWTH
WHO WE ARE AND WHAT WE DO
The Contra Costa Transportation Authority (CCTA) is responsible for maintaining and
improving the county's transportation system by planning, funding, and delivering
critical transportation projects that connect our communities, foste r a strong
economy, Increase sustainability, and safely and efficiently get people when~ they
need to go. CCTA is also responsible for putting solutions in place to help manage
traffic by providing and conn e cting a w ide range of transportation options.
We are proud of our accomplishments and we recognize the Immense transportation
challenges still faced by county residents and businesses-particularly considering
population growth, continued development, and threats to the environment. CCTA
works to advance transportation solutions , ease congestion, and prepare Contra Costa
County for safe, future mobility.
CC TA is leading the way and presenting innovative solutions while protecting the
qualities that make Contra Costa a wonderful place to call home. We present this
Transportation Expenditure Plan (TEP), which reflects where w e are now and, more
importantly, our commitment to pursuing transportation policies, planning, and
investments that will get us to where we want to be in the future.
FULFILLING OUR PROMISE TO CONTRA COSTA
COUNTY VOTERS
Contra Costa County voters passed Measure C In 1988, sending a clear message
that recognized the Immense need to improve the way people travel around Contra
Costa County. Voters authorized a 20-year (1989-2009) half-cent transportation
sales ta x to finance Improvements to the county's overburdened transportation
infrastructure. In 1989, CCTA was born.
Measure C expired in 2009 but much was accomplished, Including widening Highway
4 from Hercules to Martinez, the BART extension to Pittsburg/Bay Point, Richmond
Parkway construction, and new transit programs for seniors and people with disab ilities.
-------------------------------------2020TnAHSPORTAIIUti EX I'W011llli!I'L AII
7
8
In 2004, Contra Costa County voters approved
Measure J. The measure provided for the continuation
of the county's half-cent transportation sales tax for
twenty-five more years (2009-2034) beyond the Measure
C expiration date. Without Measures C and J funding,
CCTA would not have qualified to receive additional
federal, state, or regional funds. With a total of $1.4 billion
In Measure C and J project funds, a total of more than
$5.5 billion will be invested In vital transportation projects
In Contra Costa County through 2034, leveraging
Measure C and J funding at about a three-to-one ratio.
CCTA has delivered most of the major Infrastructure
improvement projects in Measure J-such as the fourth
bore of the Caldecott Tunnels, Highway 4 East widening,
eBART extension from the Pittsburg/Bay Point BART station
to Antioch, and 1-680 and 1-80 corridor Improvements-on
an accelerated timeline to deliver its promises to voters.
CCTA periodically issues bonds to provide advance funding
to design and build major Infrastructure projects. Then , the
revenue generated from the transportation sales tax is used
to pay back the bonds. By turning future Measure J revenue
Into capital dollars and acce lerating design and construction,
transportation projects are put Into place sooner to alleviate
transportation challenges . Designing and building the
projects earlier costs less money because the added
cost of future inflation Is avoided.
As of 2018. about 80 percent of the Measure J project funds
have been expended. Remaining revenues are now going
toward repayment of bonds, fixing local streets. continuing
programs, and supporting public transportation. Without
a new TEP, the CCTA will be unable to fund any new
major projects to address pressing mobility needs.
TRANSPORTATION FOR THE NEXT
THREE-AND-A-HALF DECADES
While the existing Measure J will r emain intact through
2034, this new TEP has been developed for several
reasons:
• All of the planned major capital improvement
projects funded by Measure J are either complete
or in construction. ahead of schedule.
• New transportation technology Is offering
unprecedented opportunities to streamline travel
and traffic and to reduce emissions.
• The gap between transportation needs and
available funding is large and requires a bold
solution. The new TEP will allow l ocal funding
to keep needed services in p lace and alleviate
congestion by attracting other funding sources.
• The demand on Contra Costa County's roads , highways,
BART stations, and buses is increasing. The county's
population is growing and more people are using
roads and transit. Investments are needed to maintain
and improve the current transportation system to
ensu re It can effectively accommodate growth and
prepare the system for the future.
• People are increasingly va luing alternative ways to get
around. such as transit, walking, and biking. Our roads
need to safely accommodate all users .
• Contra Costa County's population is aging. Currently,
about 14 percent of the population Is age 65 or older:
By 2035, this population is expected to double to
about 30 percent. Additionally, poverty has risen
faster In suburban areas , particularly in So lano, Contra
Costa, and Marin counties. Low-income populations
Increasingly ha ve less acces s to publi c transit and
services:• New and different transportation solutions
are needed to keep our older residents mobile, living
Independently, and to main tain quality of life for all,
Including lo w-in come residents.
LOCAL FUNDING FOR LOCAL
PROJECTS
Measures C and J local transportation sales taxes have
provided a substantial and steady sh are of the total funding
available for transportation projects in Contra Costa
County. State and federal sources have targeted some
major projects, but local funding Is needed to attract and
supplement those sources . Our loca l transportation sales
tax has been indispensable in helping to meet the county's
growing needs in an era of unpredictab le resources .
• Pof)ulatlon IJased on Associai i011 ol Bay Area Govemmellls (ABIIC) Proj~cl/ons 2013
.. Coordlnared Public Transit -HW/1<111 Setvlces rransporr atlon Pt,m (Metropoll/ill l
Tr,msportaUon Commission, 2018)
Timeline of Local Funding
Contra Costa County Tran sportation Improvements
MEASURE C
passed by vorers
NE\Y MEAS UR E
up for vole
NEW MEASURE
reve nu e begins NEW MEASURE
reve nue ends
Th e funding for this TEP will aug mt;!nt th e ii!Xistfng Contra Costa County M easure J half"centtranspottarlon sol os tax by a hal("cent until M easure
J ex pires in 2034, then conllnue th e l lBi kenttransp ortalio n sal es tux unti/205 5. A sal es Wx will g ene ra te upproximu t~ly $3.6 billion for essen ti;~l
rr ansponatlon lmprovome nrs 111111 touc/J e very city, town, and com munily in Contra Costa County
These local funds have allowed CCTA to compete
effectively for outside funds by providing a local
matching fund source, as required by most grants .
Measures C and J, for example, will attract $4.1
billion of additional funds for Contra Costa County
transportation projects through 2034, providing a
tota l Investment of $5.5 billion in vital trans portation
Improvements.
CCTA will continue to use local transportation sales ta x
re v enue to attract outside funds for projects already
id entified in r e giona l and state funding measures. In
fiscal y e ar 2017-2018 a lone, more than $77 million of
California's Senate Bill 1 (SB-1), the Road Repair and
Accountability Act of 2 017, transportation funding
was earmarked for projects sponsored by CCTA. The
required local match for the grant was $35 million.
In other words, for every dollar Contra Costa County
ta x payers paid for these proj ects, th e state paid two
more dollars .
Similarly, vote rs approved Regional Measure 3
(RM3), whi ch was authorized and signed Into
l aw in 2018 to fund major roadway and public
transit improvements via an increase In tolls on
the Bay Area's seven state-owned toll bridges.
Contra Co sta County projects that may benefit
from RM3 include:
• Interstat e 80 Transit Improve me nts: ex pand bus service
along the Inte rstate 80 corridor
• Interstate 680 Transit Improvements: enhance transit
service along the Interstate 680 corridor, including
bus operations, transit centers, and real-time travel
information
• East Contra Costa County Transit lntermodal Station :
construct a transit intermodal center to enhance access
to eBART and the Mokelumne Bike Trail/Pedestrian
Overcrosslng at Highway 4
• Contra Costa Interstate 680/Highway 4 Interch ange
Improvem ents: reduce congestion and improve safety
by wid e ning Highway 4 and adding new direct
connectors be tween i-680 and Highway 4
• Richmond -San Rafa e l Bridge Acc ess (Contra Costa
approach); make improveme nts to reduce delays on
bridge a pproaches and at the toll plaza, including
improvements to the Richmond Parkway
• Byron Highway-Vasco Road Connector: Improve
access, safety, airport connectivity, and economic
development w ith a new connector betwee n Byron
Highway and Vasco Road
RM3 prov ides only partial funding for these projects.
Additional fund ing is need ed to make them a reality.
----------------------------------------2020 lll~NSPOnTATIOrl [XP EII OITIIRf PL ~N
9
rl C't}/jf P .a c:us r ji.
\_...,;1 transpo rtation
authority
J
I
I I I II I III I
I l l
A ROAD MAP FOR THE FUTURE
WHAT THIS TRANSPORTATION EXPENDITURE PLAN
WILL ACCOMPLISH
Contra Costa Transportation Authority's (CCTA's) 2020 Transportation Ex penditure
Plan (TEP) serves as both a road map and an Itinerary that will guide transportation
Investments for the coming 35 years. Throughout the 35-year duration of this Pl an,
Contra Costa County's population is expected to grow and change, infrastructure will
con ti nue to age and wear out, new forms of travel will emerge, and the environment
will need continued protectio n. Su c h changes will place even more strain on the
County's transportation systems. Without new Investments In transportation, Contra
Costa will face a future with distressed and outdated Infrastructure, Increased traffic
on already-congested roadways, and a decrease In critical transportation services to
those with the greatest need.
CC TA strives to preserve and enhance an excellent quality of life for Con tra Costa
County's residents, businesses, and communities with convenient, reliable, and
accessible transportation. We do this through optimizing the existing transportation
syste m. leveraging emerging technologies. offering meaningful programs and
services, and providing seamless connections b etween various forms of
transportation (for example, cars, transit, cycling, and walking).
The projects In this Plan will benefit all who live and travel w ithin Contra Costa
County. The projects will help Improve the transportation network over the
coming decades to meet growing needs , while supporting economic vitality
and an environmentally sustainable future.
CCTA is an internationally recognized leader in implem enting tran sportation-related
technological solutions to help ease traffic congestion, offer alternative mobility
options for travel, provide valuable information to trave lers. make it easier and more
efficient to maintain our transportation infrastructure, and many other a pplications
that may be currently under development. This TEP reflects CCTA's commitment to
fully Integrate applicable transportation technologies with traditional infras tructure
for the benefit of residents and travelers.
When implemented, the projects in this TEP will accomplish an array of major
transportation improvements throughout the county. These projects serve to
enhance people's transportation options and reduce congestion on every major
transportation corridor in the county. The funding w ill also reach deep into the
local communities to improve residents ' quality of life and protect the County's
natural environment.
---------------------------------------2020 l AAII~P OR I AliU PI O:f'W OiiURf rLMI
11
12
COMMITMENT TO PERFORMANCE
The 2020 Transportation Expenditure Plan (TEP) will be
governed by strong performance criteria against which
funding, projects, and programming will be evaluated
and scored to ens ure ma xim um contribution to the
guiding principles and goals of the Plan . Guidelines
will be developed through meaningful community
e ng agement and eng agement w ith cities and towns.
Contra Costa County, Regional Transportation Planning
Committees, and the Public Oversight Committee to
establish the performance criteria for evaluation of
progra ms identified In the Policy Statements. In addition ,
the Plan wffl meet the Governor's Executive Order
B-16-2012 to reduce transportation-related GHG
emissions to 80% below 1990 levels by 2050. To
achieve this, CCTA commits to a goal of accelerating
zero emission vehicle (ZEV) penetration and a 15%
reduction In ve hicle-m iles traveled (VMTs) per capita .
ACHIEVING INTENDED OUTCOMES
The 202 0 TEP was created for Contra Costa County
residents, businesses, and travelers by the comm un ities
and people it serves. Key stakeholder groups were
convened and comm unity outreach conducted to
understand what guiding principles, priorities, outcomes,
and results are most important to the residents and
businesses of Contra Costa County.
CCTA is fully committed to an outcomes-based
approach that includes measurable performance
targets for all principles and criteria. The TEP presents
a sui t e of transportation solutions that align with
guiding principles and will offer a transportation
system that supports a vibrant, mod ern , eq u itable,
and livable Contra Costa County.
CCTA will ensure funding in the TEP will achieve
the o utcomes Identified In the 2017 Countywide
Transporta ti on Plan (CTP). The TEP offers eq uitable
transportation opportunities for all residents of Contra
Costa. In eva lu ating detailed funding proposals,
CCTA will ensure that expenditures benefit those
living In Co mmunities of Concern and for minority and
low-incom e res idents.
Every project with total costs of more th an $10 million
will undergo a performance analysis and review prior
to funding being allocated. Implem ented projects and
programs will also undergo a thorough analysis of their
performance to initiate program modification where
needed and/or changes In evaluation methods.
A Publi c Oversight Committee will provide input for
developing specific performance criteria by which
projects can be evaluated and measured . In this way,
county ta xpayers can be assured that the funding Is spent
responsibly to meet the co unty's transportation goals.
TAXPAYER SAFEGUARDS
Over the past thirty years, CCTA has operated under a
syste m of rigorous taxpayer safeguards to protect the
county's investments and to ensure that transportation sales
tax revenue Is invested wisely. equitably, and transparently.
CCTA consistently achieves the highest standards In its
governmental accounting and financial reporting and ensures
full accountability In Its programs and projects.
With the 2020 TEP, CCTA is fully committed to continuing
our strong accountability to Contra Costa taxpayers through
many safeguards :
• CCTA will continue to publish an annual budget
an d strategic delivery plan that estimates expected
transportation sales tax receipts, other anticipated reven ue,
an d planned expenditures for th e year.
• CCTA's Publ ic Oversight Comm ittee will con tinue to provide
diligent oversight of all CCTA expenditures and report
Its oversight activities and findings t o th e public through
annual audits th at focus on the all ocation of funding, project
performance, tracking of TEP goals, lo ca l jurisd iction
compliance, and growth management performance.
• CCTA will routinely inform, communicate with, and engage
its partner organizations, advisory comm ittees, and the
County's residen ts and businesses to ensure that its
program s and project s are fully transparent and best meet
the needs of its residents.
• CCTA will strive to balance the needs of all people and
areas of Contra Costa Cou nty to s upport an equitable and
sustainable transportation system for all, while ensuring
proportionally greater b enefits to Communities of Concern
and low-Income residents.
• CCTA's regional transportation planning committees will
continue to ensure cohesion with local and subregio n planning
and Implementation efforts and adherence to adopted policies.
In Ju l y 2019, CCTA was the proud
recipie nt of Contra Cost a Taxpayers
Associ ation Silver Medal Award for
Goo d Gove rn ance.
PERTINENT POLICIES
CCTA Implements and follows several key policies to ensure that Contra Costa's transportation systems are in
alignment with the County's established future vision . Full text of these policies Is Included In the Policy Statements
section at the end of this document. In summary, these key policies are as follows :
.~. --
Gro w t h Man agem ent P ro gram
establishes principles that preserve
and enhance the county's quality of
life and promotes a healthy and strong
economy through a cooperative,
multijurlsdlctional process for
managing growth while maintaining
local authority over land use decisions.
Urban Lim it Li ne Compli ance Po lley
requires each jurisdiction to adopt and
comply with a voter-approved Urban
Limit Line, which defines the physical
limits of a jurisdiction's future urban
development.
Both the Growth Management Program and Urban Line Limit Compliance policies, which
have been in place since Measure J began In 2009, have been enhanced in this TEP.
CCTA, with input from many stakeholders, has developed the following additional
four policies to ensure th at projects align with the vision, guidelines, and requirements
for fund expenditures.
Transit Po lley
sets out goals for improving, coordinating,
and modernizing transit service-along
with first-and last-mile connections to
transit-thereby increasing the percentage
of residents and commuters that may
travel conveniently by public transit.
Com plete Streets Pol icy
encourages making local streets more
efficient and safe for all users-Including
drivers, pedestrians , bicyclists, and transit
riders-and giving travelers convenient
options while m inimizing the need to
widen roadways.
Advanced Mitigation Program
provides innovative ways to advance
needed Infrastructure projects more
efficiently and provides more effective
conservation of natural resources, such
as watersheds, wetlands , and agricultural
lands. CCTA will also begin development
of a countywide vehicle-miles traveled
(VMn mitigation program .
Road Traffic Safety
requires all funding recipients to
systemically apply planning and
design practices that quantlflably
reduce the risk of traffic-related
deaths and severe injuries .
These policies, along with the guiding p rinciples. will govern the funding and Implementation of
the 2020 TEP.
13
' 0 .. 0
PROPOSED TRANSIT AND
TRANSPORTATION INVESTMENTS
PLANNING FOR THE FUTURE
This Transportation Expenditu~e Plan (TEP) incl ud es transportation -related
projects and programs to be planned, d esigned, funded, construc ted, and/or
delivered in Contra Costa County over the next thirty-five years. This plan
anticipates an Investment of approximately $3.6 billion of revenue generated
from the half-cent transportation sales tax. Contra Costa County's local sales tax
reven ue will help Contra Co$ta Transportation Autho rity (CCTA) attract additional
loca l, regional, state, and federal funding to augment the sales tax revenue.
The project descriptions that follow are purposefully brief and offer general
overviews of the purpose and nature of the projects. Several projects (such
as affordable transit for students, seniors, and people with disabilities) are
continuations or enhancements to ongoing work performed under Measure J .
Many other projects included in this Plan are still in the concept or planning
stages. Stakeholders and the public will have plenty of future opportunities to
help shape these projects so that they are most useful and beneficial to
residents, commuters, and visitors.
In its role as the administrator of Contra Costa County's transportation sales
tax reven ue, CCTA has instituted requirements so that taxpayer's revenue is
invested per established polici es, as presented in the Policy Statements section
of this TEP. The policy statements generally require that recipients of funding
perform advance performance assessments and com ply with applicable laws
and other CCTA policies. The Tax payer Safeguards and Accountability Policy
in the Policy Statements section includes the full statement of funding
requirements and restrictions, as applicable.
CCTA sets aside funding to implement the cou ntywide Growth Management
Program , prepare the countywide transportation plan, and support the
programming and monitoring of federal and state funds, as well as CCTA's
Congestion Management Agency functions. A very small percentage of the
funding also covers bas ic administrative functions (such as salaries) an d
basic expenses (such as r ent).
--------------------------------------_. 20?0111AHWORTA110N EXPEtlUIIUII Ef'(.Atl
15
16
,..._ SI.4B BILLION
IN 2017, FOUR
MAJOR FR EE WAYS IN
CONTRA COS TA COUNTY
RANKED IN TH E TOP 10
WORST COMMUTES:
1-680, 1-80, HIGHWAY 24
AND HIGHWAY 4."
RELIEVING CONGESTION ON HIGHWAYS,
INTERCHANGES, AND MAJOR ROADS
More than 79 percent of Contra Costa County's residents drive
to work; several of Contra Costa County's highways have been
identified as the "most congested In the San Francisco Bay Area."••
Easing traffic congestion is one of Contra Costa Cou nty residents '
highest priorities. Accordingly, CCTA will invest nearly half of
the new transportation sa les tax revenue toward new, modern
tools and strategies to improve traffic flow and reduce traffic
congestion on the county's major corridors and ro ads. These
strategies include highway and ro ad improvements thoughtfully
Integrated with transit improvements and alternative modes.
Improving transit and transit connections will lessen traffic
congestion on the County's highways; as transit service is
improved and more people take transit, f e wer cars on the
road translates to less traffic.
CCTA is committed to Improving access to jobs throughout
Contra Costa and supporting economic development through
programs and projects in this Transportation Expend iture Plan ,
such as the Northern Waterfront Initiative. Programs and projects
will support housing within planned or established job centers
that are served by transi t , or that aid economic development and
job creation .
Projects will be subj ect to applicable policies as presented in the
Policy Statements section at the end of this document.
·soURCE: Me tropolitan rranspdrtntion Commis>ion , Vtt,,l Slpns -llttps:!lmtc.ca.govlsiteslde f,wlt/ft'les/top_to_congc•s tic;m .toc;n tion ~-20 1 7pdf
··soURCE: Metropolitan 1'rans,)oct.,lot• Commission, VItal Signs, 2016-2017 datil
WHAT'S A CORRIDOR?
A corriclc;>r fs a swath or belt of land
that contains one or more types of
transportation infrastructure, such as a
road or railway. Each of Contra Costa
County's corridors contains a major
interstate or highway as well as a major
transit line, roads, streets. paths, bus
lines, and transit station!;;.
Everyone is impacted by the performance
of corridors. This impact is felt each
and every day, whether you're doing
your daily commute, heading to a
medical appointment, or traveling to a
youth soccer-game. CC'fA is focused
on optimizing all transportation within
a corridor so that traffic is smooth,
transit is convenient, and all systems
work together to support travel across
communities and throughout the region.
For purposes of this Transportation
Expenditure Plan, CCTA is focused
on three major transportation corridor
Improvement categories:
» Improve State Route 242, Highway 4,
Transit, and eBART Corridor
>> Modernize 1-680, Highway 4, Transit.
and BART Corridor
» Enhance 1·80, 1-580 ( Richmond-San
Rafael Bridge), Transit, and BART
Corridor
18
G)@)
RELIEVE CONGESTIO N AND
IMPROVE ACCESS TO JOBS
ALONG HIGHWAY 4 AND SR-242
CCTA is continu in g its work in easing traffic
congestion, smoo th ing traffi c flow, and
red ucing tr ave l time along Highway 4 and
SR-242 with a blend of projects that ma y be
considered :
• Improving access to jobs and supporting
economic development along the northern
waterfront
• Improv in g access to local key destinations ,
incl ud ing business districts and BART
stations
• Reco nfigu ring in terc hanges alon g SR-242
• Managing tra ffic flow on Highway 4 by
connecti ng and synchronizing traffic on
freeways, loca l roads, and freeway ramps
• Completing operational improve ments at the
1-680/Hig hway 4 interch ange
• Addressing bottlenecks and cooling hot spots
caused by high -vo lume weaving areas and
adding auxiliary lanes and improving ramps
between SR-242 and Bailey Road
• Providing incentives to encoura ge the use of
tran si t and alternati ve transportation opt ions
most
CONGESTED
HIGHWAY
in the Bay Area
Eastbound Mattfnez to Pittsburg*
Cn•1110 Cnm hilll!liiiJIIU II Aullllllily
IMPROVE LOCAL ACCESS TO
HIGHWAY 4 AND BYRON AIRPORT
CCTA has developed a multipronged ap proach
to reducing traffic congestion and improving
safety and travel time reliability on the roads
throu gh and around Byron . These projects will
also faci litate economic development and goods
movement in East Contra Cos ta Cou nty. Key
projects ma y co ns ider:
• A new limited-access connec tor between
Byron Highway and Vasco Road south of
Cami no Diablo to improve access to
By ron Airport , maki ng it a more use ful
tran sportation hub
• Improvements to Vasco Road and Byron
Highway; and other safety impro vements
• Interchang e improvements alon g Highway 4
at Balfour Road , Marsh Creek Road , Wa lnut
Bou le va rd , and Ca mino Dia blo
• Enhancements to the Byron Airport
• Improve access to jobs and support economic
development along the Northern Waterfront
These projects will include measures to
prevent growth outsi de predefined urban limit
lines , for example , prohibitions on roadway
access fro m adjacen t properties, permanent
protection and/or acquisition of agricultural
lands or cri tical hab itat. and habitat
co nservation measures.
...rC-
mr
ADDITIONAL eBART TRA IN CARS
Trains are full with standing room on ly during
co mmute hours. Funding will be cons idered
for allo cation toward purchasing additional
eBART train cars so that trains can carry
more passengers on this popu lar route .
·source: M etropolitan Jra nsporMrion comml.~sion. "VII/'ll
Signs: Ba y Area Freeway Loca tions witll Most Wo;ei(Cfrly
Tri!lflc Cona esllon, 2017" · ll tlps:llmtc.ca.gov/~iliiJ,V
detaultJII/e51top_I O_c onpes tiotUocal{<m.-l·ZD1 Zpctt
SEAMLESS CONNECTED
TRANSPORTATION OPTIONS
Contra Costa County 's tran sportatio n system
is a mix of fre eways to bike paths , trains to
shuttles ; and many other modes in between .
Providing seamless con ne ct ivity among
these many travel options will ensu re that
our system ca n meet th e future ne eds of our
growing and aging popu lati on .
CCTA will develop guidelines and implement
systems to promote connec ti vi ty between all
users of th e transportation network (vehicles,
pedestrians , bi cycles , buses , trucks, etc.) using
automation technology and taking advantage of
future transportation technology trends .
c~
ENHANCE FERRY SERVICE AND
COMMUTER RAIL IN EAST AND
CENTRAL COUNTY
To help travelers make convenient co nne ctions
between th e Capitol Corridor and San
Joaquin train system an d the BART system,
CCTA proposes lo fund new stations and
improvements to existing stations and rail
facilities . Some exam ple projects may include
a new train sta ti on for the San Joaquin line and
a park-and-ride lot in Oakley, new con ne ctio ns
between the new Oakley station and Antioc h
eBART, and a transit connection from Lh e
Martinez Amtrak station to the North Concord
BART station .
CC TA is also co ns idering expanding ferry
ser vic e between Martinez and Antioch . As
more people use ferries and the passenge r
train , tra ffic congestion on Contra Cos ta
County's roads and high ways will decrease ,
traffic will flow more smoothly, and air
emissions will decrease , thereby
improvi ng th e County's air quality.
19
)) TOTAL INVESTMENTS: S705 million
Suisun Bay
Elethell~land
Pittsburg
Antioch
Pleasant Hill
~
I I I I\
Lafayatta
Walnut Creek
IMPROVE TRAFFIC FLOW ON MAJOR
ROADS IN EAST COUNTY
CCTA is committed to relieving congestion
on major roads and implementing modern
systems that provide safe , efficient. and
reliable movement of buses , vehicles, bicyclists,
and pedestrians. Projects will range in size and
type , and may consider the following :
• New and/or wider lanes or shoulders
• New bicycle and pedestrian facilities
• Installation of "smart'' parking management
programs
• Traffic signal synchronization and other
innovative technologies
• Traffic calming measures and roundabouts
• Shoulders, sidewalks, cur bs and gutters. and
streetscapes
• Bus transit facility enhancements, such as
bus turnouts and passenger amenities
• Closed gaps and extended major roads to
relieve congestion and improve safety
Brentwood
(proposed sta tion)
Q ~
Highw3y 4 -
S l~!o Route 242 -
Passenger Train 01 1111110
BART
Trans il Exlemlon
EAST COUNTY TRAN SIT EXTEN SION
TO BRENTWOOD AND CONNECTIVITY
TO TRANSIT, RAIL , AND PARKING
Expanding transit service throughout East
Contra Costa County will enable more people
to travel conveniently to the Antioch eBART
station and other destinations served by
transit. The TEP may consider funding a
direct link between a new intermodal center
in Brentwood and lhe Antioch eBART station.
Funding will also be considered to improve
transit service throughout Brentwood,
Oakley, and nearby communities via new
shuttle service , bus service, and transit
hubs, such as a new Tri Delta park,and-ride
lot to service eBART and a new Amtrak San
Joaquin station in Oakley. Funding will help
integrate existing transit services using new
technologies so that people have smooth and
convenient connections with less wait time.
Byron
Q
IMPROVE TRAN SIT RELIABILITY
ALONG SR,242 , HIGHWAY 4, AND
VASCO ROAD
One of CCTA's strategies to smooth traffic
along SR-242, Highway 4, and Vasco Road is
to improve and enhance transit service to
give travelers viable and convenient options
to driving . When more people take transit,
there will be fewer cars on the road and traffic
congestion will be reduced. Possible projects
that CCTA may consider :
• Increased express bus service
• Improved interchanges and local access for
buses so they can utilize the highways more
efficiently
• Dedicated part·time transit lanes to bypass
congestion
• Improved transit connections between transit
stations (including BART stations and ferry
terminals), schools, housing , and employment
centers , thereby addressing transit users'
first-mile/last-mile challenges
-------------------------------------ZO ?OTRhN~PORTATION [X~E!IOIIIJRi Pl.J\fl
20
Modernize 1-680, Highway 24, Transit, and BART Corridor
~
RELIEVE CONGESTION , EA SE
BOTTLENECKS, AND IMPROVE
LOCAL ACCESS ALONG THE 1-680
CORRIDOR
Improvements to the 1·680 corridor will work
together to address bottlenecks. relieve
traffic congestion , smooth traffic flow .
redu ce travel times. improve air quality ,
and offer efficient transportation choices to
all travelers . Key strategi es to be cons idered
include :
• Complete express lanes in both directions
from Rudgear Road in Wal nut Creek to
the Benicia -Martinez Bridge , to provide
twenty-five mile s of continuous southbound
express lanes and nearly co ntinuous
northbound express lanes
• Address congestion hot spots caused by
high-volume weaving area s. such as between
Livorna Road and Treat Blvd. Additional
merge lane s and ramp improvements at
these locations will provide safe merging
for motorists and ease bottlenecks that
currently create chronic delays
• Implement inno vative technology solutions
to manage traffic flow by connecting and
synchronizing traffic on local arterials ,
freeway ramp s, and fr eeways
• Transform park -and -ride facilities into
shared mobility hubs that provide
multimodal transportation options and
amen ities to en courage transit use
• Implement transportation demand
management programs to reduce
single-occupancy veh icle travel
• Prov ide incent ives for using
alternative transportation options
•s oc"co; Metro p o{!tan Trar~sporlili!OII t;o milliSs!otl,
"Vil li/ Sii;Jns; 8ay Area Freeway Loc.llfom~ wit/1 Me)~ I
Wm:;o krf,,y Traffic Conoes tlon, 2U!1"-/lllp.9lim!r..cu.go vl
Sitosl/fiJf.?u/1/fi/esllop_IO_cong~s tion_tccii liot iS ·~>ol 7.(i(l/
r.UIIIJJ Cthl;1 h il11!.p!tlli1110tl Au lhnlltv
Lafay ette
Orinda
most
CONGESTED
HIGHWAY
in the Bay Area
Northbound Danville
to Walnut Creek *
Suisu n Bay
.t· Bay Point
</ -_ '\~~~
Concord
P l e~sant Hill
Alamo
Danvillo
San Ramon
•
1·660
H igl'lw~y 24
P•mng$rTrein 0 11 11111 0
ElART
>>TOTAL INVESTMENTS: $536 million
~
IMPROVE TRAFFIC FLOW ON MAJOR
ROADS IN CENTRAL COUNTY AND
LAMORINDA
CCTA is committed to relievi ng co ngest ion on
major roads and implementing modern systems
th at provide safe, efficient, and reliable
movement of buses, vehicles, bicyclists,
and pedestrians . Projects will range in size
and typ e and ma y conside r th e following :
• New and/or wide r lanes or shou lde rs
• New bicycle and pedestrian facilities
• Installation of •smart'' parking mana ge ment
programs
• Traffic signal syn chronization and other
in novative techn ol ogies
• Traffic calming measures and ro undabouts
• Shoulders , sidewalks, curbs, gutters , and
streetscapes
• Bu s transit facility enhancements, such as
bus turnouts and passenger amenities
~@
IMPROVE TRAFFIC FLOW ON
HIGHWAY 24 AND MODERNIZE
THE OLD BORES OF CALDECOTT
TUNNEL
CCTA has plans to improve traffic flow and
access along Highway 24 in Orinda , Lafayette ,
and Moraga through a suite of projects
that co uld include improving interchanges,
modifying major roads to reduce highway
access delays, and other co ngest io n-reducing
impr ovements . CCTA will also develop transit
an d shared trip inc entiv es for drivers in lieu
of single-occupant vehicle travel.
The original two -bore Calde cott Tunnel opened
in 1937. CCTAwill implement improvements
that may include increased lighting and vis ibi lity,
improved traffic alerts for crashes or sta lled
vehicles , an d other phys ical or te chnological
solutions to improve safety and help Improv e
traffic flow in the tu nn els.
a
IMPROVE TRANSIT RELIABLITY
ALONG THE 1 ~6 80 AND
HIGHWAY 24 CORRIDORS
One of CCTA's strateg ies to smooth traffic
along the 1·680 and Highway 24 corridors Is to
improve and enhance transit service to give
travelers via ble and conve nient alternatives
to driving in their vehicles. Wh en more people
take transi t, there will be fewer cars on the
road and traffic will be red uce d. Funding may
consider the followi ng :
• Implement and in crease expres s bus service
along the 1-680 and Hig hwa y 24 corridors
• Improve intercha ng es and local access
so buses can util ize th e hi ghways more
efficiently
• Provide dectlcated part-tim e transit lan es
to bypass con ges tion
• Improve transit connections between
tr ansit sta tions, schoo ls, housing, and
emp lo ym en t centers, th ereby addressing
first-mile /last-mil e chall enges for
tr ansi t users
PROVIDE GREATER ACCESS TO
BART STATIONS ALONG 1-680
AND HIGHWAY 24
In addition to making shuttle service to and
from BART more frequent, CCTA will co nside r
allo ca ting funding toward ma king parking
and access Improvements that serve
BART st ations , so that buses and people
in ve hicles-al ong wi th people arrivi ng by
walkin g or bicycling-can get to the station
more easily and co nve ni entl y. Fund in g ma y
be con side red for constructing satellite
parking lots wit h frequent direct shuttl e
service to BART.
~
SEAMLESS CONNECTED
TRANSPORTATION OPTIONS
Co ntra Cos ta Cou nty's transportation system
is a mix, from fre eways to bike paths , trains to
shuttles, and man y other modes in between.
Providing seamless connectivity among
thes e many travel option s wi ll en sure th at ou r
system can meet th e future needs of our
growing and aging population .
CCTA wi ll develop guidelines and implement
sy stems to promote connec ti vity between all
users of the transportation network (vehicles ,
pedestrians, bi cycles , buse s, trucks , etc.)
using automation technology and taking
advantage of future transportation
technology tre nds .
~
IMPROVE TRAFFIC FLOW ON MAJOR
ROADS IN SAN RAMON VALLEY
CCTA is com mitted to relieving congestion
on major ro ads and implementing mod ern
systems that provide safe, efficient, and
reliable movement of buses, vehicles ,
bicyclists , and pedestrians. Pro jec ts wi ll
range in size and type, and ma y cons ider
the following :
• New and/or wider lanes or shoulders
• New bic ycle and pedestria n facilit ies
• Installation of "smart" parking management
programs
• Traffic signal synchronization and other
innovative technolog ies
• Traffic calming measures and roundabouts
• Shoulders , sidewalks , curbs, gutters , and
streetscapes
• Bus transit facility en hancements, such as
bus turnouts and passenger amenities
-----------------------------------~ 202DJTh\NSPDO fATID!IEXP£NDilliRiPlMI
21
22
®
RELIEVE CONGESTION AND IMPROVE
LOCAL ACCESS ALONG THE 1-80
CORRIDOR
Improvements to the 1·80 corridor will address
bottlenecks, reli eve traffic congestion , srnooth
traffic flow. reduce travel times , improve air
quality, and offer effi cient transportation
cho ices to all travelers. Key improvements
may include ;
• Several innovative strategies and operational
improvements will be implemented to reduce
travel time, improve air quality, reduce
weaving at interchanges, and smooth
traffic now
• Expand intelligent transportation systems
an d advanced technology strategies along
1-80 to maximile system efficiency and
prepare the corr ido r for future ad vances in
transportati on technology
• In crease travel time reliability in the carpool
lanes through cos t-effective managed lane
strategies and enforcement
• Improve and expand express transit service
through the corrido r
• Transform park-and -ride facilities into
shared mobility hubs that provide
multimodal transportation options and
amenities to encourage transit use
• Provide incentives to encourage the use
of transit and alternative tra nsportation
options.
San Franctsco Bay
San Pablo
Point Richmond
1-80 --·
1-580 --·
Passeng erTfaln 0 1111111 0
BART -$
~ Crockott
1111!1!~ Port Costa ~ ~
,/.t:P-
1 4 ~
El Sobrante
El Cerrito del Norte
Kensington
El Cerrito
0 0.
WILL BE SPENT TO INCREASE BUS SERVICES
AND RELIABilllV IN WEST CONTRA COSTA COUNTY.
CtiiiiiJCtl\IJ IIJn~p·nl "ll.lll~ll l holl l'l -------------------------------------
>> TOTAL INVESTMENTS: 8243 million
~
IMPROVE TRAFFIC FLOW ON MAJOR
ROADS IN WEST COUNTY
CCTA is committed to relieving congestion
on major roads and implementing modern
systems that provide sa fe, efficient , and
reliable movement of buses, vehicles,
bicy cl ists, and pedestrians. Projects will
rang e in size and type, and may consider
the following :
• Railroad grade separations
• New and/or wider lanes or shoulders
• New bicycle and pedestrian facilities
• Installation of "smart" parking management
programs
• Traffic signal synchronization and other
innovative technologies
• Traffic calming measures and roundabouts
• Shoulders , sidewalks , curbs and gutters,
and streetscapes
• Bus transit facility enhancements, such
as bus turnouts and passenger amenities
ENHANCE FERRY SERVICE AND
COMMUTER RAIL IN WEST COUNTY
To help travelers make convenient
connections with the Capitol Corridor and
San Joaquin train systems, CCTA will consider
funding a new regional intermodal station
in Hercules, along with new or improved ferry
services in Hercules with connections to the
train . As more people use ferries and the train ,
traffic congestion on Con tra Costa County's
road s and highways will decrease, traffic will
flow more smoothly, and air emissions will be
reduced the reby improving the county's
air quality.
SEAMLESS CONNECTED
TRANSPORTATION OPTIONS
Contra Costa County 's transportation system
is a mix, from freeways to bike paths, trains to
shuttles, and many other modes in between .
Providing seamless connectivity among
th ese many travel options will ensure that
our system can meet the future needs of our
growing and aging population.
CCTA will develop guidelines and implement
systems to promote connectivity between all
users of the transportation network (vehicles,
pedestrians, bicycles , buses , trucks, etc.)
using automation technology and taking
advantage of future transportation
technology trends.
IMPROVED TRAFFIC FLOW AND
LOCAL ACCESS TO RICHMOND -SAN
RAFAEL BRIDGE ALONG 1-580 AND
RICHMOND PARKWAY
CCTA plans to relieve traffic congestion and
reduce traffic delays by modernl~ing facilities,
expanding pedestrian and bicycling options,
improving transit reliability, and encouraging
the use of carpoo ls and buses.
Specific improvements to be considered:
• Extending the carpool lane along 1-580
from the toll plaza at the Richmond-San
Rafael Bridge to Central Avenue in
El Cerrito
• Making improvements so that pedestrians
and cyclists can better access the
Richmond -San Rafael bridge, Richmond
Parkway, Richmond Ferry Terminal, and
Richmond BAR T Station
• Improving the interchange at Richmond
Parkway and 1-580
• Providing Incentives for using alternative
transportation options
t;
IMPROVE TRANSIT RELIABILITY
ALONG THE 1-80 CORRIDOR
One of CCTA's strategies to smooth traffic
along the 1-80 corridor is to improve and
enhance transit service to give travelers
viable and convenient options to driving .
When more people take transit, there will
be fewer cars on the road and traffic will be
reduced. Fund ing is planned to :
• Increase express bus service along the
co rridor
• Improve interchanges and local access for
buses so they can utilize the highways more
efficiently
• Provide dedicated part-time transit lanes
along 1-80 to bypass congestion
• Improve transit connections between
transit stations (incl uding BART stations
and ferry terminals ), schools, housing, and
employment centers , th ereby addressing
first-mile/last-mi le challenges for transit
users
• Provide incentives to tra velers to use
alternative transportation options
------------------------------------20 20 III~NSI'ORTAIION EXPENDITUR E 11LMI
23
24
~ S 1.98 BILLION IMPROVING TRANSIT AND TRANSPORTATION
COUNTYWIDE IN ALL OUR COMMUNITIES
The quality of roads and availability of transportation options are two
major factors in making our communities great places to live, as are the
availability of jobs, safety, access to parks and trails, and good clean air
and water. CCTA will implement many projects throughout the county
to improve our local communities and protect Contra Costa County's
environment and quality of life.
The previous section of this TEP presented investments focused
on Contra Costa County's major corridors. This section describes
funding that spreads into every community, through local projects and
programs that improve the County's vast transportation network.
Funding will be allocated toward Improving local roads and streets to
make them safer for ali travelers . Smaller projects-such as removing
bottlenecks, improving traffic signal operations; Installing traffic calming
measures, and making streetscape Improvements-can make big
improvements in a community's quality of life.
Funding will be allocated toward substantial investments in a robust
transit system that provides affordable, efficient. convenient. and
accessible transit to travelers throughout the county. These projects
will result In cleaner, safer, and more reliable trips on BART. buses,
and ferries. The transit systems will extend Into parts of the county
that are currently lacking frequent transit service. When more people
take transit. traffic congestion on the County's roads and highways
will decrease, traffic will flow more smoothly, and air emissions will
decrease, thereby improving the county's air quality.
CCTA Is committed to supporting accessible and safe transportation for
all Contra Costa County residents. CCTA will allocate funding toward
a wide array of programs for students, seniors, veterans, and people
with disabilities, aimed at offering safe transportation options and
improving mobility.
Projects will be subject to applicable policies as presented in the Policy
Statement section.
I
,•"'_ ......... ..
i!
I
ALAMEDA
COUNTY
\
SOLANO
COUNTY
LEGEND
-------------------------------------20l 0 1 11 ~NSPURT h 110 N EXPEIIOITliR ~PlA N
25
26
Improving Transit and Transportation
Countywide In All Our Communities
9
A
MODERNIZE LOCAL ROADS AND
IMPROVE ACCESS TO JOB CENTERS
AND HOUSING
Smooth , pothole-free roads , safe intersections,
pleasant sidewa lks, safe bike lanes , and clean
ai r are some of the important features that
make Contra Costa County a great place to
live and work.
CCTA will prov ide fund in g directly to the
county's cities, towns , and unincorporated
areas so that they may make improvements
to th eir own local roads, streets , and access to
job centers and housing .
To ensure transparency and accountability,
local agencies report annually on the amount
spent on roadway maintenance, bicycle and
pedestrian facilities, transit facilities, and other
roadway improvements . Local agencies must
also meet the requi rements set forth in the
Growth Management Program , Urban Li mit
Line Compliance Requirements, Transit Poli cy,
Complete Streets Policy, Road Traffic Safety
Policy, and other applicable policies in the
Policy Statements section .
~~~
SAFE TRANSPORTATION FOR YOUTH
AND STUDENTS
Drop-off and pick-up at schools often creates traffiC
jams on local streets and unsafe conditions for
children. CCTA will allocate funds toward a wide
array of transportation projects and programs for
studen ts and youth, aimed at relieving congestion ,
offering safe transportation options-such as
walking and cycling-and improving mobility.
Fun ding wi ll also be used for red uced fare
transit passes , transit incentives, and school bus
programs to encourage more youth and students
to use transit to attend school and afterschoo l
programs.
In cooperation with project sponsors in each
subregion , CCTA will establish guidelines to
define priori ti es and maximize effectivene ss.
The guidelines may require provisions , such
as operational efficiencies , performance
criteria, parent contributions. and reporting
requirements.
~~
IMPROVE WALKING AND BIKING ON
STREETS AND TRAILS
Numerous studies and research across many
different communities have demonstrated the
benefits of creating an environment where
walking and bicycling are safe , comfortable,
and convenient. For example, inc reased
walk ing and bicycling can improve ai r
quality by reducing emissions and energy
use from motor vehicles, improving access by
foot or bike can make transit more convenient,
and regular wa lking and bicycl ing can improve
people's health and reduce mortal ity rates and
health ca re costs .
This TEP contains unpr ece dente d lev els
of funding to improve safety for bicyclists
and pedestrians in every part of the
county-from local street Imp rovements
to trail enhancements and similar projects.
Funding will be considered to implement
projects in the Contra Costa Countywide
Bicycle and Pedestria n Plan . CCTA will
develop program guidelines for a competitive
project-selection process that maximizes
benefits for all users. All funding will be
consistent with CCTA's Comple te Stree ts ,
Road Traffic Safety, and other applicable
policies .
Approximate ly one-fifth of the funds will be
considered for allocation to the East Bay
Regional Park District ror the development.
maintenance, and rehabi litation of paved ·
regiona l trails .
' REDUCE AND REVERSE COMMUTES
If people live closer to their jobs and transit,
they have less need to commute long
distances, thereby reducing traffic congestion ,
vehicle-miles traveled (VMT), and greenhouse
gas (GHG ) emiss ions. Transporta tion
programs and projec ts funded out of this
category will support economic development
and job creation in Contra Costa County. All
expenditures in this category will be used to
reduce or reverse commutes ,
Funding will also incentivize employers to
create local jobs in housing-rich areas and to
promote transit , shared trips , telecommuting,
and shifting work schedules, all with the
intent of reducing commuter traffic at peak
commute times and better utiliz ing ava ilable
reverse commute capacity in the existing
transportation infrastructure . Funding is
intended to match reg ional, state, or federal
grants and private-sector investment to
achieve max imum benefi ts and may be spent
on other regiona l transporta ti on pr iorities
at the request of the subregion. Examples
or projec ts that ma y be Funded include
new or upgraded rail crossings to "unlock"
development poten ti al fo r emp loyment
centers, ra il -based goods movement
imp rovements , bike lanes and bike faci lities
in business parks and on routes from transit
stations and /or housing to employment
centers, and other new or upgraded
transportation infra structure intended to
strategically attract jobs to housing-rich areas.
Transit service to new employment centers
could also be funded under this category.
27
)) TOTAL INVESTMENTS: 81.98 billion
J\~
ACCE SS IBLE TRAN SPORTATION FOR
SENIOR S, VETERAN S, AND PEOPLE
WITH DI SABILITIE S
Contra Costa Coun ty's population is aging .
As people get older or become disabled and
can no longer drive, they will increasingly
rely on other ways to get around . Funding
in this category will be used for affordable,
accessible, cost·effective , and safe
countywide transportation for seniors.
disabled ve terans, and other people with
disabilities who, due to age or disability,
cannot drive or take other transit options .
In collaboration with stakeholders, transit and
nonprofit service providers , CCTA wlll develop
an Accessible Transportation Strategic Plan to
impl ement a customer-focused, user-friendly,
seamless coordinated system using these
funds . The Plan will be developed based on the
characteristics and abilities of all system users
and identify options including traditional and
beyond traditional paratransit services .
Q
INCREASE BU S SERVI CES AND
RELIABILITY IN WE ST CONTRA
COSTA
Many people in West Contra Costa County
rely on buses and transit as their primary
means of travel. CCTA will focus on expanding
transit services to unserved or underserved
areas, along with more frequent and reliab le
bus service to all. Funding will be provided
to public transit operators in the western
subregion of Contra Costa County (including
AC Transit and WestCAT) to provide cleaner,
safer, and more reliable trips on buses .
This funding will enable transit operators to
improve the frequency of service, especially
on high-demand routes, increase ridership and
incentivize transit use by offsetting fares.
g
PROVIDE CONVENIENT AND
RELIABLE TRANSIT SERVICES IN
CENTRAL, EASl AND SOUTHWEST
CONTRA COSTA
Although BART and rail service offer backbone
transit options to residents in central , southwest.
and east County, many neighborhoods and
communities are unserved or underserved by
bus or other transit options, meaning that transit
is not close enough to people who want to use
it and not frequent enough to be convenient.
Funding will be provided to public transit
operators in the central, east, and southwest
subregions to provide cleaner, safer, and
more reliable trips on buses or shuttles.
This funding will enable transit operators to
improve the frequency of service, especially on
high-demand route s, increase ridership, and
incentlvize transit use by offsetting fa res .
...re-
m?
CLEANER, SAFER BART
BART began operating in the early 1970s
and its stations and station equipment are
showing thei r age . There are eleven BART
stations located in Contra Costa County.
CCTA plans to fund a suite of modernization
projects at select stations to increase safety,
security, and cleanliness, and to Improve
customer experience. Several projects will
focus on improving reliability of fare gates
and reducing fare evasion. Many of these
projects are eligible for Measure RR (BART's
$3.5 billion genera l obligation bond). CCTA
will provide no more than a dollar·for·dollar
match for BART projects. BART and CCTA will
develop a countywide program to determine
how funding is allocated , evaluated, and
tracked for effectiveness . Specific funding
and maintenance of effort requirements are
required and identified in the Taxpayers
Safeguards and Accountability Policy section.
3
REDUCE EMISSIONS AND IMPROVE
AIR QUALITY
CCTA is a nationwide leader in susta inable ,
te chnology -ena bled transp ortation. We
integrate innovative technological solutions into
Contra Costa County's transportation network
to improve traffi c flow and safety, reduce
greenhouse gas emissions, and offer improved
travel options . Technology solutions can help
solve the challenges of the lack of connectivity
between transportation options, resulting in
reduced emissions and improved air quality.
Eligible expenditures in this category include:
• Implementing the strategies de veloped
in the 2019 Contra Costa Electric Vehicle
Readiness Blueprint and subsequent updates
• Reducing transportation -re lated greenhouse
gases through the utilization of a clean er
vehicle fleet, including alternative fuels and/
or locally produced energy
• Preparing for a growing fleet of zero-e mission
vehic les by facilitating the installation of
electric charging stations or alternative fuels
• Increasing utilization of non automobile types
of transportation by expanding walking and
biking paths and transit optio ns
• Using demand management strategies
designed to reduce congestion, increase use
of nonautomobile transportation , increase
occupancy of autos , manage existing
infrastructur e, and reduce greenhouse gas
emissions
• Managing parking supply to improve
availability, utili za tion, and to reduce
congestion and greenhouse gas production
Fund ing is intended to match reg iona l, state,
or federal grants and private-sector investment
to achieve maximum benefits. CC TAwill
develop and adopt guidelines for a competitive
project-selection process for the use of
these funds.
------------------------------------?02 0 TRANSPORTATION t)CPFNPITIJRF PLMI
• I I II :::::&
rnull .iC i'U·llilll'.partJIIUIIAnlli nllt V ------------------------
POLICY STATEMENTS
The Growth Management Program (GMP)
Coupled with the Transportation Expenditure Plan (TEP) is Contra Costa's unique
and well-tested program for managing growth. The overall goal of the GMP
Is to preserve and enhance the quality of life and promote a healthy, strong
economy to benefit the people and areas of Contra Costa through a cooperative,
multijurlsdlctlonal process for managing growth, while maintaining local authority
over land-use decisions .'
The objectives of the GMP are to:
~ Assure that new residential, business, and commercial growth pays for the
facilities required to meet the demands resulting from that growth
-+ Require cooperative transportation and land -use planning among Contra Costa
County, cities/towns, and transportation agencies
~ Support land-use patterns within Contra Costa that make more efficient
use of the transportation system, consistent with the General Plans of local
jurisdictions
-7 Support lnflll and redevelopment In existing urban and brownfield areas
The Measure J GMP, which Includes Principles of Agreement for Establishing the
Urban Limit Line (ULL), Is augmented and superseded by this 2020 TEP.
I. Tile Aul llonty will, to Ill'' exl~lll possible, sllemprlo llilWlOillze the GMf' and the st.l te-manda ted Congestion
Ma llRgemer tr ProgrmiJ (CMPs}. To llle mae111 tl1ey eon tiler. CMP ac tivities s/J0/1 lolke precedence over tl1e GMP actNII/es.
lOlU I R~NSPUR!Ali ON fXPEIIOI IUAE PLAt/
29
30
COM PON ENTS
To receive its share of funding from the following
categories;
• 2020 TEP Modernize Local Roads & Improve Access to
Job Centers and Housing
• Measure J Local Streets Maintenance & Improvements
Measure J Transportation for Livable Communities (TLC)
each jurisdiction must:
1. Adopt a Growth Management Element (GME)
Each jurisdiction must adopt, or maintain in place,
a GME as part of Its General Plan that outlines the
jurisdiction's goals and policies for managing growth
and requirements for achieving those goals. The
GME must show how the jurisdiction will comply with
sections 2-9 below. The Contra Costa Transportation
Authority (Authority) will refine Its model GME and
administrative procedures in consultation with the
Regional Transportation Planning Committees (RTPCs)
to reflect the revised GMP.
Each jurisdiction is encouraged to incorporate other
standards and procedures into its GME to support the
objectives and required components of this GMP.
2. Adopt a Development Mitigation Program
Each jurisdiction must adopt, or maintain In place, a
Development Mitigation Program to ensure that new
growth Is paying its share of the costs associated with
that growth. This program shall consist of both a local
program to mitigate Impacts on local streets and other
facilities, and a regional program to fund regional and
subregional transportation projects, consistent with the
Countywide Transportation Plan (CTP).
The jurisdiction's local Development Mitigation
Program shall ensure that revenue provided from this
measure shall not be used to replace private developer
funding that has or would have been committed to any
project.
The regional Development Mitigatlon Program shall
establish fees, exactions, assessments, or other
mitigation measures to fund regional or subregional
transportation Improvements needed to mitigate the
impacts of planned or forecast development. Regional
mitlgatlon programs may adjust such fees, exactions,
assessments or other mitigation measures when
developments are within walking distance of frequent
transit seNice or are part of a mixed-use development
of sufficient density and with necessary facilities
to support greater levels of walking and bicycling.
f n111r :1 Cll\lil h a nst)ttiiJ IIJU ,\ulhfiiiiT
Each RTPC shall develop the regional Development
Mitigation Program for its region, taking account of
planned and forecast growth and the Multimodal
Transportation Service Objectives (MTSOs) and actions
to achieve them established in the Action Plans for
Routes of Regional Significance. RTPCs may use
existing regional mitigation programs, if consistent
with this section, to comply with the GMP.
3. Address Housing Options
Each jurisdiction shall demonstrate reasonable progress
in providing housing opportunities for all income levels
as part of a report on the Implementation of the actions
outlined in its adopted Housing Element The report will
demonstrate progress by one of the following:
a. Comparing the number of housing units approved,
constructed , or occupied within the jurisdiction over
the preceding five years with the average number
of units needed each year to rneet the housing
objectives established In the jurisdiction's Housing
Element
b. Illustrating how the jurisdiction has adequately
planned to meet the existing and projected
housing needs through the adoption of land use
plans and regulatory systems that provide
opportunities for, and do not unduly constrain ,
housing development
c. Illustrating how a jurisdiction's General Plan and
zoning regulations facilitate the improvement and
development of sufficient housing to meet those
objectives
Jurisdictions will provide prepared reports regarding
the production and preservation of affordable units as
provided for In the Annual Housing Elements Progress
Report and subsequent reports.
Ea ch jurisdiction shall demonstrate meaningful
progress In preserving existing affordable units for
lower-income residents by adopting and implementing
locally appropriate antidisplacement and affordable
housing policies, for example, preservation of affordable
housing, density bonus ordinance and/or incluslonary
zoning, to support community stabilization.
Jurisdictions are subject to California's Surplus Land
Act, which Includes the disposition of surplus land,
and each jurisdiction will affirm whether It complies
with the surplus Land Act and whether It maintains an
Inventory of all public land In its jurisdiction that adheres
to applicable Surplus Land Act and Government Code
50569 requirements and makes the inventory available
to the public.
Each jurisdiction will indicate whether it adheres to
applicable local, state, or federal policies or laws
regarding tenant protection and whether it has
prepared the reports required by such polices or laws
and made the reports available to the public.
In addition, each jurisdiction sha ll consider the Impacts
that its land use and development policies have on the
local, regional, and countywide transportation system,
Including the level of transportation capacity that can
reasonably be provided, and shall incorporate policies
and standards Into its development approval process
that support transit, bicycle, and pedestrian access in
new developments.
4. Participate In an Ongoing Cooperative,
Multljurlsdlctlonal Planning Process
Each jurisdiction shall participate in an ongoing p ro cess
with other jurisdictions and agencies, the RTPCs, and
the Authority to create a balanced, safe, and efficient
transportation system and to manage the impacts of
growth. Jurisdictions shall work with the RTPCs to:
a. IdentifY Routes of Regional Significance and
MTSOs or other tools adopted by the Authority for
measuring performance and quality of service along
routes of significance-collectively r eferred to as
MTSOs-for those routes and actions for achieving
those objectives
b. A pply the Authority's travel demand model and
technical procedures to the analysis of General
Plan Amendments and developments exceeding
specified thresholds for their effect on the regional
transportation system, including on Action Plan
objectives
c . Create the Development Mitigation Programs
outlined in section 2 above
d . Help develop other plans, programs, and studies
to ~ddress other transportation and growth
management issues
In consultation with the RTPCs, each jurisdiction will
use the travel demand model to evaluate changes
to local General Plans and the impacts of major
development projects for their effects on the local
and regional transportation system and the ability to
achieve the MTSOs established in the Actlon Plans.
Jurisdictions shall also participate in the Authority's
ongoing countywide comprehensive transportation
planning process. As part of this process. the Authority
shall support countywide and subregional planning
efforts, including the Action Plans for Routes of
Regional Significance, and shall maintain a travel
demand model. Jurisdictions shall help maintain
the Authority's travel demand modeling system by
providing Information on proposed improvements to
the transportation system and planned and approved
development within the jurisdiction.
5. Continuously Comply with an Urban Limit Line (ULL)
To be found In compliance with this element of the
Authority's GMP, all jurisdictions must continually
comply with an applicable voter approved ULL. Said
ULL may either be the Contra Costa County voter
approved ULL (County ULL) or a locally initiated, voter
approved ULL (LV-ULL).
Additional Information and detailed compliance
requirements for the ULL are fully defined In the
ULL Compliance Requirements, which are
Incorporated herein.
Either of th e following actions by a local jurisdiction will
constitute noncompliance with the GMP:
a. The submittal of an annexation request to the Local
Agency Formation Commission ( LAFCO) for lands
outside of a j urisdiction's applicable ULL.
b . Failure to conform to t he Authority's ULL
Compliance Requirements.
6. Develop a Five-Year Capital Improvement Program
(CIP)
Each jurisdiction shall prepare and maintain a CIP that
outlines the capital projects needed to implement the
goals and policies of the jurisdiction's General Plan for
at least the following flve ~year period. The CIP shall
include approved projects and an analysis of the costs
of the proposed projects as well as a financial plan
for providing the Improvements. The jurisdiction shall
forward the transportation component of its CIP to the
Authority for Incorporation Into the Authority's database
of transportation projects.
-----------------------------------------~D ZD l llhHSPD~lA TID NEXPEtiDII URE PLAtl
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7. Adopt a Transportation Systems Management (TSM)
Ordinance or Resolution
To promote carpools. vanpools. and park-and-ri de
lots, each jurisdiction shall adopt a local ordinance or
resolution that conforms to the model TSM ordinance
that the Authority has drafted and adopted. Upon
approval of the Authority, cities/towns with a small
employment base may adopt alternative mitigation
measures In lie u of a TSM ordinance or resolution .
8. Adopt Additional Growth Management Policies, as
applicable
Each jurisdiction shall adopt and thereafter
continuously maintain the following polici es (where
applicable):
a. Hillside Development Policy
b. Ridgellne Protection Policy
c . Wildlife Corridor Policy
d . Creek Development Policy
Where a jurisdiction does not have a d evelopabl e
hillside , ridgeline, wildlife corridor, or creek. it need
not adopt the corresponding policy. An ordinance
that implements the East Contra Costa Habitat
Conservation Plan (HCP)/Natural Community
Pres ervation Plan A ct (NCCP) shall satisfy the
requirement to have an adopted Wildlife Corridor
Policy and Creek Developm ent Policy. In addition to the
above, jurisdictions with Prime Farmland and Fa rmland
of Statewide Importance (Prime/Statewide)-as defined
by the California Departm ent of Conservation and
mapped by the Farmland Mapping and Monitoring
Program-within their planning areas but outside of
their city/town shall adopt and thereafter continuously
maintain an Agricultural Protection Policy. The policy
must ensure that potential impacts of converting
Prime/Statewide outside the ULL to other uses are
Identified and disclosed when considering such a
conversion . The applicable policies are required to
be In place by no later than July 1, 2022.
9. Adopt a Complete Streets Polley and Vision Zero
Polley
Each jurisdiction shall adopt a Complete Streets Policy,
consiste nt with the California Complete Stre ets Act
of 2008 (AB 1358) and with the Authority's Complete
Streets Policy, which accommodates all users of travel
modes in the public right-of-w ay. Each jurisdiction
shall also adopt a Vision Zero Polley that substantially
complies with the Authority's Model Vision Zero Policy
and reflects best practices for street design elements
and programs to mitigate human error and quantifiably
Improve the traffic safety of all us ers In the planning,
design, and construction of projects funded with Measure
funds. Jurisdictions shall document th eir level of effort to
implement these policies. including during requ ests for
funding , peer review of project design, and as part of the
newly added compliance requirement in the biennial GMP
Checklist.
ALLOCATION OF FUNDS
Portions of the monies received from the retail transaction
and use tax will be returned to the local jurisdictions (the
cities/towns and County) for use on local , subregional, and/
or regional transportation Improvements and maintenance
projects . Receipt of all such funds requires compliance with
the GMP and the allocation proced ures described below.
The fund s are to be distributed on a formula based on
population and road mil es.
Each jurisdiction shall demonstrate its compliance with all
of the components of the GMP in a completed compliance
checklist. The jurisdiction shall submit. and the Authority
shall review and make findings regarding the jurisdiction's
compliance with the requirements of the GMP. consistent
with the Authority's adopted policies and procedures.
If the Authority determin es that the jurisdiction complies
with the requirements of the GMP. it shall allocate to
the jurisdiction its share of 2020 TEP funding from the
Modernize Local Roads & Improve Access to Job Centers
and Housing category and its share of Measu re J Local
Streets Maintenance & Improvements funding . Jurisdictions
may use funds allocated under this provision to comply with
these a dministrative requirements.
If the Authority determines that the jurisdiction does not
comply with the requirements of the GMP, the Authority
shall withhold funds and also make a finding that the
jurisdiction shall not be eligible to re ce ive Measure J TLC
funds until the Authority determines that the jurisdiction
has achieved compliance. The Authority's findings of
noncompliance may set deadlines and conditions for
achieving compliance.
Withholding of funds, reinstatement of compliance ,
reallocation of funds, and treatment of unallocated funds
shall be as established In adopted Autl1orlty policies and
procedures .
Urban Limit Line (ULL)
Compliance Requirements
Definitions-the following definitions apply to the GMP
ULL requirement:
1. Urban Limit Line (ULL)
A ULL, urban growth boundary, or other equivalent
physical boundary judged by the Authority to clearly
identify the physical limits of the local jurisdiction's
future urban development.
2, Local Jurisdictions
Includes Contra Costa County, the 19 cities and towns
within Contra Costa, plus any newly incorporated cities
or towns established after July 1, 2020.
3. County ULL
A ULL placed on the ballot by the Contra Costa
County Board of Supervisors, approved by voters
at a countywide election, and In effect through the
applicable GMP compliance period. The current County
ULL was established by Measure L and approved by
voters in 2006.
The following local jurisdictions have adopted the
County ULL as their applicable ULL:
City of Brentwood Town of Moraga
City of Clayton City of Oakley
City of Concord City of Orinda
Town of Danville City of Pinole
City of El Cerrito City of Pleasant Hill
City of Hercules City of Richmond
City of Lafayette City of San Pablo
City of Martinez City of Walnut Cre ek
4. Local Voter ULL (LV-ULL)
A ULL or equivalent measure placed on the local
jurisdiction ballot, approved by the jurisdiction's voters,
and recognized by action of the localjurisdiction's
legislative body as its applicable, voter-approved ULL.
The LV-ULL will be used as of its effective date to meet
the Authority's GMP ULL requirement and must be in
effect through the applicable GMP compliance period.
The following local jurisdictions have adopted a LV-ULL:
City of Antioch City of Pittsburg
City of San Ramon
S. Minor Adjustment
An adjustment to the ULL of 30 acres or less Is
Intended to address unanticipated circumstances.
6. Other Adjustments
Other adjustments that address issues of
unconstitutional takings and conformance to state
and federal law.
REVISIONS TO THE UL L
1. A local jurisdiction that has adopted the County ULL as
its applicable ULL may revise its ULL with local voter
approval at any time during the term of the Authority's
GMP by adopting a LV-ULL in accordance with the
requirements outlined for a LV-ULL contained In the
definitions section.
2 . A local jurisdiction may revise Its LV-ULL with local voter
approval at any time during the term of the Authority's
GMP If the resultant ULL meets the requirements
outlined for a LV-ULL contained In the definitions section.
3 . If voters. through a countywide ballot measure, approve
a revision to the County ULL, the legislative body of each
local jurisdiction relying on the County ULL shall:
a. Accept and approve its existing ULL to continue as its
applicable ULL, or
b. Accept and approve the revised County ULL as its
applicable ULL, or
c. Adopt a LV-ULL in accordance with the requirements
outlin ed for a LV-ULL contained In the definitions
section
However, if any Countywide measure to approve a
revision to the County ULL falls, then the legislative body
of each local jurisdiction relying on the prior County ULL
may accept and approve the existing County ULL.
4. Local jUrisdictions may, without voter approval , enact
Minor Adjustmems to their applicable ULL subject to a
vote of at least 4/5 of the jurisdiction's legislativ e body
and meeting the following requirements:
a. Minor adjustment shall not exceed 30 acres.
b. Adoption of at least one of the findings listed In the
County's Measure L (§82-1.018 of County Ordinances
200606 § 3, 91-1 § 2, 90-66 § 4), which include:
• A natural or man-made disaster or public
emergency has occurred that warrants the provi-
sion of housing and/or other community needs
within land located outside the ULL
33
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• An objective study has determined that the ULL
Is preventing the jurisdiction from providing its fair
share of affordable housing or regional housing, as
required by state law, and the governing elected
legiS lative body finds that a c hange to the ULL is
necessary and is the only feasible means to enable
the County jurisdiction to meet these requirements
of state law
• A majority ofthe cities/towns that are party to a
preservation agreement and the County have
approved a change to the ULL affecting all or any
portion of the land covered by the preservation
agreement
• A minor change to the ULL will more accurately
reflect topographical characteristics or legal
boundaries
• A five -year cyc lical review of the ULL has
determined, based on the criteria and factors
for establishing the ULL set forth in Contra
Costa County Code (Section 82-1.010), that new
information is available (from city/town, County
growth management studies , or otherwise) or
circ umstances have changed, warranting a
change to the ULL
• An objective study has determined that a change
to the ULL is necessary or desirable to further
the economic viabi lity of the East Contra Costa
County Airport, and either (I) mitigate adverse
aviation-related environmental or community
Impacts attributable to Buchanan Field, or (ii)
further the County's aviation related needs
• A change Is required to conform to appl icable
California or Federal law
c. Adoption of a finding that the proposed Minor
Adjustment will have a public benefit. Said public
benefit cou ld include, but Is not necessarily
limited to, enhanced mobility of people or goods,
environmental protections or enhancements ,
Improved air quality or land use, enhanced public
safety or security, housing or jobs, infrastructure
preservation, or other significant positive
community effects as defin ed by the local land
use authority. If the proposed Minor Adjustment
to the ULL is proposed to accommodate housing
or commercial development. said proposal must
include permanent environm ental protections or
enhancements, such as the permanent protection
of agricu ltural lands, the dedication of open space
or the establishment of permanent conservation
easements.
d . The Minor Adjustment is not contiguous to one or
more nonvoter approved Minor Adjustments that in
total exceeds 30 acres.
e . Th e Minor Adjustment does not create a pocket of
land outside the existing ULL, specifically to avoid
the possibility of a jurisdiction wanting to fill in that
land subsequently through separate adjustments.
f. Any jurisdiction proposing to process a Minor
Adjustment to its applicable ULL that Impacts
FMMP is required to have an adopted Agric ultural
Protection Ordinance or must demonstrate how the
loss of these agricultural lands will be mitigated by
permanently protecting farmland .
5 . A local jurisdiction may revise its LV-ULL, and the
County may re vise the County ULL, to address issues
of unconstitutional takings or conformance to State or
Federal law.
CONDITIONS OF COMPLIANCE
1. Submittal of an annexation req uest by a local
jurisdiction to LAFCO outside of an approved ULL will
constitute noncompliance with the GMP,
2. For each jurisdiction, an applicable ULL shall be In
place th ro ugh each GMP compliance reporting period
for the local jurisdiction to be found in compliance with
the GMP requirements.
3. Submittal of an annexation request for land outside an
approved ULL by a third party to LAFCO will constitute
noncompliance with the GMP, if the local jurisdict ion :
(1) submits a •'will serve" letter to LAFCO . A "will
serve'' letter determines the applicant 's ability and
willingness to serve the subject area and any further
development. (2) utilizes an existing ap plicable tax
sharing agreement, and/or (3) enters Into a new tax
sharing agreement for the annexation request.
Transit Polley
V ISION
This Transportation Expenditure Plan (TEP) envisions
a transportation system that provides reliable , safe ,
comfortable and convenient access for all users of
the transportation system, regardless of mode choice
and travel characteristics. The TEP further envisions a
public transit system that provides convenient, safe,
affordable, and reliable service and which offers an
attractive alternative to private automobile usage. The
Trans it Polley VIsion Includes the Infrastructure needed
to accommodate a more robust transportation system for
Contra Costa County that promotes greater use of transit
and other shared mobility alternatives by prioritizing
the movement of people rather than single-occupancy
vehicles across the network. The TEP alms to Improve
transit countywide and reduce commute travel times ,
deliver more frequent and reliable service, expand
transit service areas , and provide better connections to
and from transit by v arious modes of mobility options.
Improving the coordination among transit operators
and Integrating the existing transit systems with new
technological tools and platforms to enhance customer
access and experience should Increase the share of
residents and employees w ho choose public transit
Doing so will reduce congestion, improve air quality, and
accommodate a growing population.
To achieve this vision, the TEP allocates more than
one-half of the expected sales tax revenue to Transit
and Alternative Modes and approximately one-quarter
for local road improvements. To provide the maximum
benefits to Contra Costa residents, the Contra Costa
Transportation Authority (Authority) adopts the following
policies and principles for use of transit funds authorized
in the TEP:
POLICY
1. The Polley shall promote Transit First and guide
the development of an Integrated Transit Plan (ITP).
In the context of this Policy, Transit First considers the
following to provide a seamless and Integrated
transportation system:
a. Decisions regarding the use of limited public
street and sidewalk space sha ll prioritize the use
of public rights-of-way by pedestrians, bicyclists , and
public transit, and shall strive to reduce traffic and
improve public health and safety.
b. Transit-p riority improvements, such as designated
transit lanes and streets and improved signalization ,
shall be made to expedite the movement of public
transit vehicles and to Improve safety for people who
bike and walk.
c. Pedestrian areas shall be enhanced wherever
possible to improve the safety and comfort of
pedestrians a nd to encourage travel by foot.
d . Bicycling sha ll be promoted by encouraging safe
streets for riding, providing convenient access to
transit, and Increasing the availability of bi cycle lanes
and secure bicycle parking.
e. Parking policies for areas well served by public transit
shall be designed to encourage travel by public transit
and alternative transportation.
f. The ability to reduce traffic congestion depends
on the adequacy of regional public transportation.
The cities/towns and County shall promote the use
of transit and the continued development of a n
Integrated and reliable regional public
transportation system .
g. The cities/towns and County shall encourage
innovative solutions to meet public transportation
needs wherever possible.
2. All transit operators that receive funding from the TEP
shall participate In the development of an ITP to Identify
how to utilize funding to better coordinate and Integrate
transit services countywide. The ITP should guide how
the TEP funding dedicated to Transit and Alternative
Modes categories can be used to Implement the Transit
Polley VIsion:
a. The ITP will be developed and managed under the
leadership of the Authority and the County's transit
operators. The Authority and the transit operators
shall coordinate with transportation service providers
in Contra Costa to inform the d evelopm ent of the
ITP. Transit operators shall consult with the Regional
Transportation Planning Committees (RTPCs) in
developing the ITP.
b. The ITP will focus on delivering a streamlined and
unified experience for the custom er across all modes
--------------------------------------+ ?ll ~O IRANSPORTATillN £XPUIO ITII RE PLAN
35
36
and transit operators should Identify transit service
Investments (i.e ., new routes, service hours,
frequency), capital projects/assets (I.e ., transit
centers, bus stops, stop amenities, vehicles), and
transit priority measures (i.e., transit signa l priority,
bus lanes, queue jumps) to be funded from the TEP.
c. The ITP sha ll demonstrate reduction In vehicle -miles
traveled (VMT) per capita and greenhouse gas
(GHG) em is sions to meet the Auth ority's countywide
goals. Transit service Investments, capital projects/
assets, and transit priority measures to be funded
from the TEP shall reduce VMT and GHG emissions
or participate in the VMT Mitigation Program .
d. Prioritization for TEP funding should consider
projects that can leverage other state, federal, or
local funding .
e. The ITP shall be updated at least every five years
to address new technology opportunities, any
changes in demand, and other conditions.
3. Transit operators in Contra Costa County shall
incorporate the findings and recommendations of
the ITP pertinent to each operator's service area Into
their respective Short-Ra nge Transit Plans (SRTP).
The SRTPs shall be reviewed for consistency with
the ITP associated with this TEP.
4 . Allocations pursuant to this TEP will be made in
support of the recommendations In the ITP. Any
re commendations In the ITP shall include
performance measures to achieve continued
funding .
5 . The Authority e xpects transit operating funds from
the TEP to be used to support the vision of this policy.
In the event that TEP funds must be used to support
other transit services as a result of reduction of
operating funds from other sources or due to other
financial concerns, the transit operator shall update its
SRTP and submit to the Authority.
Cu ll in CU\11 lr~II>Jin troll on Author ltv
6 . The Authority expects that public agencies and transit
operators leverage new and emerging technologies
to improve service and to address first-mile/last-mile
connections between transit stops and other traveler
destinations. These technologies may Include, but not
be limited to, ride hailing partnerships, autonomous
shuttles, shared mobility (bikes, scooters, cars), and
mobility-on-demand platforms that best fit within each
transit operator's service area . The ITP shou ld address
how these technology services function within and
among service boundaries and provide a sea ml ess
experience co untywide for customers.
7. Th e Authority expects that recipients of TEP funding
create, analyze, and seize opportunities for fare and
schedule integration among transit operators and
any technology services adopted. Focus should be
placed on reducing inconveniences associated with
transferring between services and on having a
cost-effective, universally accepted digital p ayment
method. The ITP should address how Contra Costa
tran sit operators can maximize benefits offare payment
and schedule integration while acknowledging current
efforts by various agencies to achieve the same goal.
8. The Authority will not fund construction of any
transit capital improvement until the project sponsor
demonstrates how the project would lncreass
ridership and/or decrease VMT. Funding for planning
and design-includ ing demonstration pilots-is not
subject to this requirement.
9. All recipients of funding through this TEP shall consider
and accommodate, wherever possibl e. the principles
ofTransit First in the planning, desig n, construction,
reconstruction. re habilitation. and maintenance of the
transportation system.
10. All transit operators that receive funding from the
TEP shall report how received funding benefits
Communities of Concern and low-Income residents
in their jurisdictions and service areas. The ITP should
ensure proportionally greater benefits to Communities
of Concern and low-Income residents.
Complete Streets Policy
VISION
This Plan envisions a transportation system and
infrastructure in which each component provides safe,
comfortable, and convenient access for users of all ages
and abilities. These users Include pedestrians, bicyclists,
transit riders, automobile drivers , taxis, Transportation
Network Companies (TNCs) and their passengers, and
truckers as well as people of varying abilities, including
children, seniors, people with disabilities, and able-bodied
adults. The goal of every transportation project Is to
provide safer, more accessible facilities for all users. All
projects shall be planned, designed, constructed, and
operated to prioritize users' life safety and accommodate
the Complete Streets concept.
By making streets more efficient and safer for all users,
a Complete Streets approach will expand capacity
and improve mobility fo r all users, giving commuters
convenient options for travel and minimizing the need to
wid e n roadways.
POLICY
To achieve this vision, all recipients of funding through
this Plan shall consider and accommodate, wherever
possible and subject to the exceptions listed in this
Polley, the needs of all users in the planning, design ,
construction, reconstruction , rehabilitation , and
maintenance of the transportation system . This
determination shall be consistent with the exceptions
listed below. Ach ieving this vision will require balancing
the needs of different users and may require re allocating
existing rights-of-way (ROW) for different uses.
The Authority shall revise its project development
guidelines to require the consideration and accommodation
of all users in the design and construction of projects
funded with measure funds and shall adopt peer review
and design standards to Implement that approach. The
guidelines will allow flexibility In responding to the context
of each project and the needs of users specific to the
proj ect's context and will build on accepted best practices
for complete streets and context-sensitive design.
To ensure that this policy Is carried out, the Authority shall
prepare a checklist that project sponsors using measure
funds must submit. This checklist will document how the
needs of all users were considered and how they were
accommodated in the desig n and construction of the
project. In the checklist, the sponsor will outline how
they provid ed opportunity for public input, In a public
forum, from all users early in the project development
and design proc ess. This includes regular public review
of agency repaving programs. If the proposed project or
program will not provide context-appropriate conditions
for all users, th e sponsor shall document the reasons why
in the checklist, consistent with th e following section on
"exceptions" below. The completed checklist shall b e
made part of the approval of programming of funding
for the project or the funding allocation resolution .
Recipients of 2020 TEP funding for the Modernize
Local Roads and Improve Access to Job Centers and
Housing category and Measure J TEP Funding from Local
Maintenance and Improvements shall adopt procedures
that ensure that ali agency departments consider and
accommodate the needs of all users for projects or
programs affecting public ROW for which the agency Is
responsible. These procedures shall:
1. Be consistent with the California Complete Streets Act
of 2 008 (AB 1358)
2 . Be consistent with and be d esi gned to implement
each agency's General Plan Policies once that plan
has been updated to comply with the California
Complete Streets Act of 2008 and the Authority's
Complete Streets Policy
3 . In volve and coordinate the work of all agency
departments and staff whose projects will affect
the publ ic ROW
4. Meet or exceed the Complete Street design standards
adopted by the Authority
5. Be consistent with the adopted Local Jurisdiction
Complete Streets Policy and Authority's Complete
Street Policy herein
6. Promote proactive d ata coll ection and traffic system
monitoring using next generation technology, such as
advance detection systems
7. Provide opportunity for public review by all potentia l
users early in the project development and design
phase so that options can be fully considered . Thi s
review co uld be done through an advisory committee,
such as a Bicycle and Pedestrian Advisory Committee
or as part of th e review of the agency's CIP
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As part of their biennial GMP checklist, agencies shall list
projects funded by the Measure and detail how those
projects accommodated users of all modes by applying
Transit, Complete Streets, and Vision Zero Policies.
As part of the multijurisdlctlonal planning required by the
GMP, agencies shall work with the Authority and
the RTPCs to harmonize the planning, design, and
construction of transportation facilities for all modes
within their jurisdiction with the plans of adjoining and
connecting jurisdictions .
EXC EPTIONS
Project sponsors may provide a lesser accommodatlbn or
forgo Complete Street accommodation components when
the public works director or equivalent agency official
finds that:
1. Pedestrians, bicyclists, or other users are prohibited
by law from using the transportation facility
2. The cost of new accommodation would be
excessively disproportionate to the need or probable
use. If meeting adopted design standards Is cost
prohibitive, the proposed project improvements
should be phased, or a more cost-effective solution
should be provided
3 . The sponsor demonstrates that such accommodation
Is not needed based on objective factors including:
a. Current and projected us er demand for all modes
based on current and future land use
b. Lack of Identified conflicts, both existing and
potential, between modes of travel
Project sponsors shall explicitly approve exception
findings as part of the approval of any project using
measure funds to Improve streets classified as a major
collector or above.' Prior to this project, sponsors must
provide an opportunity for public input at an approval
body (that regularly considers design issues) and/or the
governing board of the project sponsor.
1 Mt'I}DI Cui/L.,:tvr:; ;Jn {i ni)OVC'. <15 dc>lfiJCd by l/11:! C.Jiifc:n n w Dcp.~rllllm l( CJ(
11-anspoll,lion (Cntrrnns) Callfornifl Road Sysl "m (CRS) rrtflp.
Advance Mitigation Program
The Authority is committed to participate in the creation
and funding of an Advance Mitigation Program (AMP) as an
innovative way to advance needed infrastructure projects
more efficiently and provide more effective conservation
of our natural resources , watersheds and wetlands, and
agricultural lands. As a global biodive rsity hot spot, the Bay
Area and Contra Costa County host an extraordinarily ri ch
array of valuable natural communities and ecosystems that
provides habitat for rare plants and wildlife and supports
residents' health and quality of life by providing clean
drinking water, clean air, opportunities for outdoor recre-
ation, adaptation to climate change, and protection from
disasters like flooding and landslides.
Assembly Bill No. 2087 (AB 2087) outlines a program
for informing science-based, nonbinding. and voluntary
conservation actions and habitat enhancement actions
that would advance the conservation of focal species,
natural communities, and other conservation elements at
a regional scale. The AMP used AB 2087 and subsequent
guidance to Integrate conservation Into Infrastructure
agencies' plans and prdject development well In advance
and on a regional scale to reduce potential Impacts of
transportation projects, as well as to drive mitigation
dollars to protect regional conservation priorities and
protect Important ecological functions, watersheds and
wetlands, and agricultural land s that are at threat of los s.
The AMP wi ll provide environmenta l mitigation activities
specifically required under the California Environmental
Quality Act of 1970 (CEQA), National Environ mental
Polley Act of 1969 (NEPA). Clean Water Act Section 401
and Section 404, and other applicable regulations in the
Implementation of the major highway, transit, and regional
arterial and local streets cmd roads projects Identified in
the Plan . Senate Bill1 (58 1) (2017) created the AMP at
Caltrans to enhance opportunities for the department
to work with stakeholders to identify important project
mitigation early in the project development process
and improve environmental outcomes by mitigating the
effects of transportation projects. The Authority's AMP
compliments advance mitigation funding from SB 1.
The Authori ty's participation In an AMP is subject to the
following conditions:
1. Development and approval of a Regional
Conservation Investment Strategy (RCIS) that
identifies conservation priorities and mitigation
opportunities for all of Contra Costa County. The
RCIS established conservation goals and Includes
countywide opportunities and strategies that are,
among other requirements, consistent with and that
support the East Contra Costa Habitat Conservation
Plan (HCP)/Natural Community Preservation Plan
Act (NCCP). The RCIS will Identify mitigation
opportunities for all areas of the County to ensure
that mitigation occurs In the vicinity of the project
Impact to the greatest extent possible. The Authority
will review and approve the RCIS , In consultation with
the RTPCs, prior to the allocation of funds for the
AMP.
2 . Development of a Project Impacts Assessment (PIA)
that Identifies the portfolio of projects to be included
in the Advance Mitigation Program and the estimated
costs for mitigation of the environmental impacts of
the projects. The Authority will review and approve
the PIA prior to the allocation of funds for the AMP.
The PIA and estimated costs do not in any way limit
the amount of mitigation that may be necessary or
undertaken for the environmental impacts of the
projects.
:3. Development of the legislative and regulatory
framework necessary to implement an AMP in Contra
Costa County.
4. The Identification of the Implementing Agency to
administer the AMP for Contra Costa County or
portions of the Bay Area, including Contra Costa
County.
The Authority will determine the amount of funds to
be dedicated to this program following the satisfaction
of the above conditions . Funds from the Plan will be
allocated consistent with the Regional Conservation
Assessment/Framework to fund environmental
mitigation activities required in the implementation of
the major highway, transit and regional arterial and local
streets and roads projects Identified In the Plan . If this
approach cannot be fully implemented, these funds
shall be used for environmental mitigation purposes on
a project-by-project basis. Mitigation required for future
transportation improvements identified In the Plan are
not limited by the availability of funding or mitigation
credits available in the Program.
All projects funded from the TEP are eligible for inclusion
in the AMP. Note that some projects are within the East
Contra Costa County HCP/NCCP. The AMP provides an
opportunity to meet species mitigation needs on
projects that cannot be met by East Contra Costa
County HCP/NCCP.
Pursuant to Senate Bill No. 743, which reformed the
process for California Environmental Quality Act (CEOA)
review of transportation Impacts to align with greenhouse
gas emissions reduction goals, the Governor's Office of
Planning and Research (OPR) Identified vehicle-miles
traveled (VMT) as the key metric to measure transportation
impacts under CEOA. As a result, projects will be expected
to demonstrate a rt~duction In VMT to meet the Authority's
goal to reduce VMT per capita and GHG emissions
countywide. The Authority will begin development of
an innovative countywidE! program to Identify a broad
portfolio of mitigation measures that will be funded through
aggregation of funds and deployed to support top-priority
VMT reducing projects and strategies throughout the
County. The VMT Mitigation Program will consider the
structure of the program, legal framework to comply with
CEQA and Mitigation Fee Act, and program design, such
as project selection and prioritization, measurement,
evaluation. verification, reporting , equity, and monitoring.
The amount of VMT mitigated will be for the planning
horizon for eac h project.
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40
Taxpayer Safeguards and
Accountability Policy
GOVERN ING STRUCTURE
Governing Body and Administration
The Authority Is governed by a Board composed of
11 members. all elected officials, with the following
representation :
• Two members from the Central County Regional
Transportation Planning Commission (RTPC), also
referred to as Transportation Partnership and
Cooperation (TRANSPAC)
• Two members from the East County RTPC, also
referred to as East County Transportation Planning
Committee (TRANSPLAN)
• Two members from the Southwest County RTPC,
also referred to as Southwest A re a Transportation
Committee (SWAT)
• Two members from the West County RTPC, also
referred to as West County Contra Costa County
Transportation Advisory Committee (WCCTAC)
• One member from the Conference of Mayors
• Two members from the Board of Supervisors
The Authority Board also Includes three (3) ex officio,
nonvoting members that are appointed by the MTC. BART.
and the Public Transit Operators in Contra Costa County.
The four subregions within Contra Costa-Central, West,
Southwest. and East County-are each represented by
a Regional Transportation Planning Commis$ion (RTPC).
Central Cou nty (TRANSPAC subregion) includes Clayton,
Concord, Martinez, Pleasant Hill, Walnut Creek, and the
unincorporated portions of Central County. West County
(WCCTAC subregion) includes El Cerrito, Hercules, Pinole,
Richmond, San Pablo, and the unincorporated portions
of West County. Southwest County (SWAT subregion)
includes Danville, Lafay ette. Moraga, Orinda, San Ramon
and the unincorporated portions of Southwest County.
East County (TRANSPLAN subregion) includes Antioch,
Brentw ood, Oakley. Pittsburg, and the unincorporated
portions of East County.
Public Oversight Committee
The Public Oversight Committee (POC) shall provide
diligent, independent, and public oversight of all
expenditures of Measure funds by Authority or recipient
agencies (County, cities/towns, transit operators, etc.).
The POC will report to the public and fo cus Its oversight
on the fo llowing:
• Review of allocation and expenditure of Measure funds
to ensure that all funds are used consistent with the
Measure
• Review of fiscal audits of Measu re expenditures
• Review of performance audits of projects and programs
relative to performance criteria established by the
Authority, and if performance of any project or program
does not meet its established performance criteria,
identifY reasons why and make recomm e ndations for
corrective actions that can be taken by th e Authority
Board for changes to project or program guideline s
Review of application of the performance-based review
policy an d provide Input and recommendations for the
development of associated guidelines
• Review of the maintenance of effort compliance
requirements of local jurisdictions for local streets ,
roads, and bridges funding
• Re view of each jurisdiction's GMP Checklist and
compliance w ith the GMP Policies
The POC shall prepare an annual report that includes
an account of the POC's activities during the previous
year, Its review and recommendations relative to fiscal
or performance audits, and any recommendations made
to the Authority Board for implementing the TEP. The
report will be noticed In local media outlets throughout
Contra Costa County, posted to the Authority website,
and made continuously available for public Inspection
at Authority offices . The report shall be composed of
easy-to-understand language that is not produced in an
overly technical format. The POC shall make an annual
presentation to the Authority Board summarizing the
annual report subsequent to Its release.
POC members shall be selected by the Authority to
reflect community, business organizations, and other
interests within the County. The goal of the membership
makeup of the POC is to provide a balance of viewpoints,
including, but not limited to, geography. age, gender,
ethnicity, and income status to represent the different
perspectives of the residents of Contra Costa County.
One member will be nominated by each of the four
subregions by the RTPCs representing the subregion
nominating the member. The Board of Supervisors wil l
nominate one member residing In and representing the
County. Twelve members will be nominated by respective
organizations representative of Interest groups, such as
civic and governance involvement, taxpayer advocate,
businesses, construction and trades labor, general
labor, building and development, disabled, biking and
pedestrian, transit, low income, climate change, seniors,
environmental, and/or open space organizations
operating in Contra Costa County (specific organizations
may vary during the life of the Measure). The Authority
will consult with the public and active Interest groups to
solicit, identify nominees, and nominate POC members
that represent those areas listed above. The Authority
will accept nominations from any member of the public.
The Authority will create a process to review possible
POC members, including Interviews. An lntE!rest area
will be represented by no more than one POC member.
About one-half of the Initial member appointments wil l be
for two years and the remaining appointments will be for
three-year terms . Thereafter, members will be appointed
to two-year terms. Any Individual member can serve on
the POC for no more than six consecutive years .
POC members will be Contra Costa County residents who
are not elected officials at any level of government, or public
employees from agencies that either oversee or benefit from
the proceeds of the Measure . Membership Is restricted to
individuals with no economic interest in any of the Authority's
projects or programs. If a member's status changes so that
he/she no longer meets these requirements, or if a member
resigns his/her position on the POC, the Authority Board will
issue a new statement of interest from the same stakeholder
category to fill the vacant position.
The POC shall meet up to once per month to carry out
its responsibility and shall meet at least once every three
months. Meetings shall be held at the same location as
the Authority Board meetings are usually helct shall be
open to the public, and must be held in compliance with
California 's open meeting law (the Brown Act). Meetings
shall be recorded and the recordings shall be posted for
the public.
Members are expect~d to attend all meetings. If a member,
without good reason acceptable to the Chair of the POC,
falls to attend either (a) two or more consecutive meetings
or (b) more than three meetings a year, the Authority
Board wi ll request a replacement from the Interest group
listed above.
The Authority commits to support the oversight process
through cooperation with the POC by providing access
to project and program information, audits, and other
information available to the Authority, and to logistical
support so that the POC may effectively perform Its
oversight function. The POC will have full access to
the Authority's independent auditors and may request
Authority staff briefings for any information that Is relevant
to the Measure. The Authority will provide resources for
meeting design and process, facilitation, and skill and
knowledge building to foster and support the POC's ability
to provide meaningful input and recommendations . The
POC Chair shall inform the Authority Board Chair and
Executive Director of any concern regarding Authority
staff's commitment or performance regarding open
communication, the timely sharing of information, and
teamwork.
The POC shall not have the authority to set policy or to
appropriate or withhold funds, nor shall it participate in or
interfere with the selection process of any consultant or
contractor hired to implem e nt the TEP.
The POC shall not receive monetary compensation
except for the reimbursement of travel or other Incidental
expenses In a manner consistent with other Authority
advisory committees. Exceptions may be made by the
Authority to reasonably assist members to participate in
POC meetings.
To ensure that the oversight by the POC continues to be
as effective as possible, the efficacy of the POC Charter
(i .e., this document) will be evaluated on a periodic basis
and a formal review will be conducted by the Authority
Board, Executive Director, and the POC a minimum of
every five years to determine if any amendments to
this Charter should be made. The formal review will
---------------------------------------+-20 IOW~NSPORTA II O N EXPlNUIIUAEPl.llfl
41
42
include a benchmarking of the Committee's activities
and Charter with other best-In-class oversight committees.
Amendments to this Charter shall be proposed by the
POC and adopted or rejected by the Authority Board.
The POC replaces the Authority's existing Citizens
Advisory Committee (CAC).
Advisory Committees
The Authority will continue the committees that were
established as part of the Transportation Partnership
Commission organization as well as other committees that
have been utilized by the Authority to advise and assist in
policy development and implementation. The committees
include:
The RTPCs that were established to develop
transportation plans on a geographic basis for subareas
of the County, and
• The Technical Coord inating Committee (TCC) that will
serve as the Authority's technical advisory committee
• Paratransit Coordinating Council (PCC)
• The Countywide Bicycle and Pedestrian Advisory
Committee (CBPAC)
• Bus Transit Coordinating Committee (BTCC)
IMPLEMENTING GUIDELINES
This TEP is guided by principles that ensure the
revenue generated by th e sales tax is spent only for
the purposes outlined in this TEP in the most efficient
and effective manner possible. consistent with serving
the transportation needs of Contra Costa County. The
following Implementing Guidelines shall govern the
administration of sales tax revenues by the Authority.
Additional detail for certain Implementing Guidelines is
found elsewhere in this TEP.
Duration of the TEP
The duration of the TEP shall be for 35 years from July 1,
2020, through June 30, 2055.
Administration of the Plan
1. Funds Only Projects and Programs In the TEP
Funds collected under this Measure may only
be spent for purposes Identified In the TEP, as
it may be amended by the Authority governing
body. Identification of Projects or Programs in the
Plan does not ensure their Implementation. As
authorized, the Authority may amend or delete
Projects and Programs Identified In the Plan to
provide for the use of additional federal, stale, and
local funds, to account for unexpected revenue,
to maintain consistency with the current Contra
Costa Countywide Transportation Plan (CTP), to take
Into consideration unforeseen circumstances, and
to account for impacts, alternatives, and potential
mitigation determined during review under the
California Environmental Quality Act (CEQA) at such
time as each project and program is proposed for
approval.
2. All Decisions Made in Public Process
The Authority is given the fiduciary duty of
administering the transportation sales tax proceeds
in accordance with all applicable laws and with the
TEP. Activities of the Authority will be conducted in
public according to state law, through publicly noticed
meetings. The annual budgets of Authority, strategic
delivery plans, and annual reports will all be prepared
for public review. The interest of the public will be
further protected by the POC, described previously in
the TEP.
3. Salary and Administration Cost Caps
Revenues may be exp ended by the Authority for
salaries , wages, benefits, overhead, and those
services, Including co ntractual services, necessary to
administer the Measure. However, in no case shall the
expenditures for the salaries and benefits ofthe staff
necessary to perform administrative functions for the
Authority exceed one percent (1 %) of revenues from
the Measure. The allocated costs of Authority staff who
directly implement specific projects or programs are not
included in the administrative costs.
4. Expenditure Plan Amendments Require Majority
Support
The Authority may review and propose amendments
to the TEP and the GMP to provide for the use
of additional federal, state, and local funds, to
account for unexpected revenues, or to take into
consideration unforeseen circumstances. Affected
RTPCs and the Public Oversight Committee
(POC) w ill participate in the development of the
proposed amendment(s). A supermajority (66%)
vote of the Authority Board is required to approve
an amendment. Any amendment to the TEP that
is administrative or less than $50 million to the
Expenditure Plan w ill require a 45-day p e riod
to comment on the proposed amendment. Any
amendments to expenditure categories that total
$50 million or greater, whether submitted as one
amendment or a series of related amendments, will
require the following:
a. The need for such amendment shall be properly
demonstrated in a regularly scheduled public
meeting of the Authority Board .
b. The Authority shall make a presentation at the
earliest possible POC and RTPC meetings outlining
the details of the proposed amendment and allow
for POC and RTPC input.
c. No fewer than two special public information and
comment sessions shall be held and publicized by
the Authority within 90 days following the initial
Authority Board meeting.
d. The proposed amendment will be given a 90-day
public comment period.
e . The proposed amendment shall be voted on during
a regularly scheduled Authority Board meeting.
5. Augment Transportation Funds
Funds generated pursuant to the Measure are to be
used to supplement and not replace existing local
revenues used for transportation purposes . Any funds
already allocated, committed, or otherwise included
in the financial plan for any project In the TEP shall
be made available for project development and
implementation as required In the project's financial and
Implementation program.
6. Jurisdiction
The Authority retains sole discretion regarding
interpretation , construction, and meaning of words
and phrases In the TEP.
Taxpayer Safeguards, Audits and Accountability
7. Public Oversight Committee (POC)
The POC will provide diligent, Independent, and
public oversight of all expenditures of Measure
funds by Authority or recipient agencies (County,
cities/towns, transit operators. etc.). The POC
will report to the public and focus its oversight
on annual audits. the review and allocation of
Measure funds, the performance of projects and
programs in the TEP. and compliance by local
jurisdictions with the maintenance of effort and
GMP described previously In the TEP.
8. Fiscal Audits
All funds expended by the Authority directly and all
funds allocated by formula or discretionary grants to
other entitles are subject to fiscal audit. Recipients of
Measure funds (Including but not limited to County,
cities/towns, and transit operators) will be audited at
least once every five years, conducted by an
independent CPA. Any agency found to be In
noncompliance shall have Its formula sales tax funds
withheld until such time as the agency Is found to
be in compliance.
9. Performance Audits
All funding categories shall be subject to performance
audits by the Authority. Each year, the Authority shall
select and perform a focused performance audit on two
or three of the funding categories so that at the end of
the fourth year. all funding categories are audited. This
process shall commence two years after passage of the
new sales tax measure. Additional Performance Audits
shall continue on a similar cycle for the duration of the
TEP. The performance audits shall provide an accurate
quantitative and qualitative evaluation of the funding
categories to determine the effectiveness In meeting
the performance criteria established by the Authority.
In the event that any performance audit determines
that a funding category is not meeting the performance
requirements established by the Authority, the audit
shall include recommendations for corrective action
including but not limited to revisions to Authority
policies or program guidelines that govern the
expenditure of funds.
10. Maintenance of Effort (MOE)
Funds generated by the new sales tax Measure are to
be used to supplement and not replace existing local
revenues used for streets and highways purposes. The
basis of the MOE requirement will be the average of
expenditures of annual discretionary funds on streets
and highways. as reported to the Controller pursuant
to Streets and Highways Code Section 2151 for the
three most recent fiscal years before the passage of
the Measure, where data Is available. The average
dollar amount will then be Increased once every three
years by the construction cost index of that third year.
Penalty for noncompliance of meeting the minimum
MOE is immediate loss of proportional amount of
2020 TEP funding from Modernize Local Roads and
Improve Access to Job Centers and Housing and
Measure J TEP funding from Local Streets Maintenance
and Improvements funds until MOE compliance is
achieved. The audit of the MOE contribution shall be at
----------------------------------------. 2U<U I RANSPORIAIIUN cX I'HIOITU~E PLMl
43
44
least once every five years. Any agency found to be In
noncompliance shall be subject to an annual audit for
three years after they come back into compliance.
Any local jurisdiction wishing to adjust Its MOE
requirement shall submit a request for adjustment to
the Authority and the necessary documentation to
justify the adjustment. The Authority staff shall review
the request and shall make a recommendation to
the Authority Board . Taking Into consideration the
recommendation , the Authority Board may adjust the
annual average of expenditures reported pursuant
to Streets and Highways Code Section 2151. The
Authority shall make an adjustment If one or more of
the following conditions exists:
a. The local jurisdiction has undertaken one or more
major capital projects during those fiscal years that
required accumulating unrestricted revenues (I .e.,
revenues that are not restricted for use on streets
and highways. such as general funds) to support
the project during one or more fiscal years.
b. A source o f unrestricted revenue use d to support
the majo r capital project or projects is no longer
ava ilable to the local jurisdiction and the loca l
jurisdiction lacks authority to continue the
unrestricted funding source.
c. One or more sources of unrestricted reven ues that
were availab le to the local jurisdiction Is producing
less than 95 percent of the amount produced in
those fiscal yea rs and the reduction Is not caused
by any discretionary action of the local jurisdiction.
d. The loca l jurisdiction Pavement Condition
Index (PCI) is 70 or greater, as calculated by the
jurisdiction Pavement Manag ement System and
reported to the MTC, and the jurisdiction has
implemented Its synchronized signals plan , and
its Complete Streets, Vision Zero, and Tr ans it First
policies.
11. Annual Budget and Strategic Delivery Plan
Each year, th e Authority will adopt an annual budget
th at estimates expected sales tax receipts, other
anticipated revenue, and planned expenditures for the
year. On a periodic basis, the Authority will also prepare
a Strategic Delivery Plan that will ide ntify the priority
for projects; the date for project implementation based
on project read iness and availability of project funding :
th e state, federal, and other local funding committed
for project implementation; and other relevant criteria.
r.tll llfl Cet~l .l lf .an~ltnrlilflnn An th nf•tv
The annual budget and Strategic Delivery Plan will be
adopted by the Authority Board at a public meeting.
12. Requirements for Fund Recipients
All recipients of funds allocated in this TEP will be
required to sign a Master Cooperative Agreement
that defines reporting and ac countability elements as
well as other applicable policy requ irements. All funds
will be appropriated through an open and transparent
public process.
13. Geographic and Social Equity
The proposed projects and programs to be funded
through the TEP constitute a proportional distribution
of funding allocations to each subregion In Contra
Costa County. The subregional share of projected
revenue is based on each subregion's sha re of the
projected overall population In Contra Costa County
at the midpoint of the measure. RTPC s mu st approve
any revision s to the proportional distribution of funding
allocations in the TEP and Strat egic Deliv ery Plan.
The Authority commits that the TEP will deliver
proportionally greater benefits to Communities
of Concern (as defined by the M etropolitan
Transportation Commission) and low-income reside nts.
Restrictions on Funds
14. Expenditure Shall Benefit Contra Costa County
Under no circumstance may the proceeds of this
transportation sales tax be applied for any purpose
other than for transportation Improvem e nts benefiting
residents of Contra Costa County. Under no
circumstance ma y these funds be appropria ted by
the State of California or any other loca l governme nt
agency as defined In the Implementing guidelines.
15. Environmental Review
All projects fund ed by sales t ax proceeds are subject
to laws and regul ations offederal, state, and local
government, including the requirements of the
California Environmental Quality Act (CEQA). Prior to
approval or commencement of a ny project or program
Included in the TEP, all necessary environmental review
reqUired by CEQA shall be completed.
16. Performance-based Project Review
Before the allocation of any Measure funds for the
construction of a project with an estimated cost
in excess of $10 million (or ele m ents of a corridor
project with an overall estimated cost in excess of
$10 million), the Authority will1) verify that the project
Is consistent with the approved CT P, as it may be
amended, 2) verify that the project is included
in the Regional Transportation Plan/Sustainable
Communities Strategy (RTP/SCS), and 3) require the
project sponsor to complete a performance-based
review of project alternatives prior to the selection
of a preferred alternative. Said performance-based
review will include, but not necessarily be limited to,
an analysis of the project impacts on greenhouse gas
(GHG) emissions, vehicle-mi les traveled (VMn, goods
movement effectiveness, travel mode share, delay
(by mode), safety, maintenance of the transportation
system, impact on displacement. affordable housing,
social equity, any other environmental effects. and
consistency with adopted Authority plans. The Authority
may require the evaluation of other performance
criteria depending on the specific need and purpose
of the project. The Authority will perform review and
independent verification of performance-based review
submitted by project sponsors.
The Authority Is committed to meet the Governor's
Executive Order 8-16-2012 to reduce transportation-
related GHG emissions to 80% below 1990 levels by
2050 and will establish overall VMT per capita and
GHG goals countywide. The Authority will expect
project sponsors to Identify and select a project
alternative that red uces GHG emissions as well as
VMT per capita to meet the Authority's adopted
countywide VMT and GHG goals. Limited exceptions
will be Identified and a process created to select a
project alternative that does not decrease VMT and
GHG sufficiently but has other substantial benefits.
The Authority will require the project sponsors that
select a project alternative that does not decrease
VMT and GHG sufficiently to make findings for
an exceptio n and require participation in a VMT
mitigation program to be developed by the Authority.
Funding for projects that do not decrease VMT and
GHG sufficiently will not be allocated until the Authority
develops a VMT mitigation program. The VMT
mitigation program will define the limited exceptions,
substantial benefits, and process to determine
adequate findings for those exceptions. The purpose
of the VMT Mitigation Program will be to fund projects
and programs that reduce VMT, GHG emissions,
and traffic congestion In Contra Costa County. The
Authority will also prioritize and reward high performing
projects by leveraging additional regional and other
funding sources. The Authority shall employ a public
process to develop and adopt detailed guidelines
for eva lu ating project performance and applying
performance criteria in the review and selection of a
preferred project alternat ive no later than October 1,
2022. The performance cri teria will Inc lude measurable
performance targets and be developed per Section 43.
There will be additional performance-based reviews
for actions in five categories of expenditure: Improve
Walking and Biking on Streets and Trails, Countywide
Major Road Improvement Prog ram, Reduce Emissions
and Improve Air Quality, Seamless Connected
Transportation Options, and Reduce and Reverse
Commutes. The additional review guidelines are
outlined In Sections 31-35 ofthese Implementing
Guidelines.
17. Countywide Transportation Plan
State law allows each county In the San Francisco Bay
Area that is subject to the jurisdiction of the regional
transportation planning agency to prepare a CTP
for the county and cities/towns within the county.
Both Measure C and Measure J also require the
Authority to prepare and periodically update a CTP
for Contra Costa County. State law also created an
Interdependent relationship between the CTP and
regional planning agency. Each CTP must consider the
region's most recently adopted Regional Transportation
Plan (RTP) and Sustainable Communities Strategy (SCS)
while the adopted CTPs must form the "primary basis"
for the next RTP and SCS . The Authority shall follow
applicable statutes and the most current guidelines
for preparing the CTP, as established and periodically
updated by the regional transportation planning
agency. The Authority shall also use the CTP to convey
the Authority's Investment priorities , consistent w ith the
long-range vision of t he RTP and SCS .
18. Complete Streets
The Authority has adopted a policy requiring all
recipients of f un ding through this TEP to consider
and accommodate, wherever possible, the needs
of all users in the planning, design, construction,
reconstruction, rehabilitation, and maintenance of the
transportation system .
19. Road Traffic Safety
The Authority has adopted a poli cy requ iring
all recipients of funding through this TEP shall,
wherever possible, systemically incorporate street
design elements that quantifiably reduce the risk
of traffic-re lated deaths and severe Injuries In the
public right-of-way and accommodate the needs
of all users in the planning, desi gn. construction,
reconstruction, rehabilitation. and maintenance of
the transportation system.
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45
46
20. Compliance with the GMP
If the Authority determines that a jurisdiction does not
comply with the requirements of the GMP, the Authority
shall withhold funds and also make a finding that the
jurisdiction shall not be eligible to receive 2020 TEP
funding from Modernize Local Roads and Improve Access
to Job Centers and Housing, Measure J TEP funding
from Local Streets Maintenance & Improvements, and
Measure J TLC fund ing until the Authority determines the
jurisdiction has ach ieved compliance, as detailed In the
GMP section of the TEP.
21. Local Contracting and Good Jobs
The purpose of the current section o f the "Implementing
Guidelines" portion of the Authority's Transportation
Expenditure Plan (TEP) Is to promote efficient and quality
construction operations on the included projects, ensure
an adequate supply of skilled craftspeople, provide a
safe work place, ensure high quality construction, ensure
uninterrupted construction projects, se cure optimum
productivity on schedule performance and Authority and
citizen sa t isf action, and Increase access to quality jobs for
Contra Costa residents .
The provisions and req uirements found herein s hall ap ply
to each cont ractor and any subcontractors on projects
approved by th e TEP and administered by Authority.
Authority supports training and apprent iceship
opportunities In the construction Industry. A s such,
Authority requires apprentice labor enrolled In or
graduat ed from joint labor-management apprenticeship
programs o n constructio n projects estimate d to
cost $1 million or greater. Authority w ill develop
guidelines modeled after the California Department
of Transportation 's (Caltrans') Standard Specifications
appli ca bl e to training an apprentice for the be n efit of
re sidents of Contra Costa County. Contrac tors w ill be
required to comply with the guidelines on construc tion
projects estimated to cost $1 million or greater.
All those employed on projects approved by the TEP and
administere d by Authority shall be classified and paid In
accordance with the prevailing rate of per diem wages as
d e te rmined by the Director of the California Department
of Industrial Relations and comply with all applicable Labor
Code provisions.
It is also the Intent of Authority to create a policy that
encourages contractors to hire residents of Contra Costa
County and the other eight Bay Area counties.2 Therefore,
all Authority contracts In excess of $1 million shall be
subject t o provisions pursuant to which the contractor
is required to make a good faith effort to hire qualified
individuals who are residents of Contra Co sta County
or any of the other eight Bay Area counties in sufficient
numbers so that no less than 40% of the contractor's total
construction workforce, measured in labor work hours, Is
composed of residents of Contra Costa County or any of
th e other eight Bay Area counties. The contractor shall
require all subcontractors to also make a good faith effort
to hire qualified individuals who are residents of Contra
Costa County and the other eight Bay Area counties .
The above provision will be Implemente d to the
extent allowed by law and in compliance with funding
agreements so as to not je opardi~e any funding for the
completion of th e proj ect.
;Sat'l Mt~lco, San Fmnc;/s co. Al ameda. Solano. Napa, Sonoma, San ta Clam. ,,nd
Mllrlti
22. New Agencies
New cities /towns or new e ntities (such as new transit
agencies) that come into existence in Contra Costa
County during the life of the TEP may be considered as
eligible recipients of funds through a TEP amendment.
23. Integrated Transit Plan (ITP)
The Authority has adopted a Tran sit Polley that envisions
a public trans it system that p rovides conve nient,
safe. affordable, and reli ab le service that offers an
attractive alternativ e to private automobile usa ge. All
recipients of fundin g through this TEP shall consider and
accommodate, wherever possible, th e principles of Transit
First In the planning , design, c o nstruction, reconstruction,
rehabilitation , and maintenance of the tran sportation
system. To achieve this vi sion, the Authority and transit
operators will develop an ITP to identify how Contra
Costa County transit operators can utili ze TEP funding to
better coordinate and inte grate the ir services. This ITP w ill
focus on delivering a streamlined and unified experience
for the c ustomer across all modes and transit operators.
Allocations pursuant to this TE P will be made in support of
the findings and recommendations included in the ITP.
All transit operators who re ceive funding from the TEP
shall participate in the development of an ITP. Trans it
operators shall consu lt with the RTPC s in developing
the ITP in cities, towns. and the County, as applicable,
regarding TEP funding for signal synchronization,
complete streets, and other investments that could benefit
transit. Transit operat ors sh all incorporat e the findings
and re commendations of the ITP into their respective
Short-Range Tra nsit Plan s.
The Authority expects that transit operating f unds from
the Transportation Expenditure Plan be use d to support
transit service and the ITP. In th e event that TEP funds
must be used to sub sidize existing se rvices as a result of
reduction of operatin g funds from other sources, or due
to other financial concerns. the transit operator shall
update Its Short-Range Transit Plan and submit it to t~1e
Authority.
24. Accessible Transportation for Seniors, Veterans,
and People with Disabilities
An Accessible Transportation Strategic (ATS) Plan will
be developed and periodically updated during the
term of the Measure. No funding under the Accessible
Transportation for Seniors, Veterans, and People with
Disabilities category will be allocated until the ATS Plan
has been developed and adopted. No funds may be
distributed to a service provider until It adopts the plan.
except as noted below. The development and delivery
of the ATS Plan will establish a user-focused system
with a seamless coordinated system using mobility
management to ensure coordination and efficienci es in
accessible service delivery. The ATS Plan will address
and direct funding to both traditional and b eyond
traditional paratranslt services . The ATS Plan will deliver
a streamlined, affordable, and unified experience for
the customer and address how accessible services are
delivered by all service providers where appropriate
coordination can improve transportation services.
eliminate gaps In service, and find efficiencies In the
service delivered. The ATS Plan will identify where
coordination can Improve transportation services.
eliminate gaps In service, and find efficiencies in the
service delivered. The ATS Plan will also determine
the Investments and oversight of the program
funding and Identify timing, projects. service d elivery
options, administrative structure, and fund leverage
opportunities.
The ATS Plan will be d eveloped by the Authority in
consultation with direct use rs of service: stakeholders
representing seniors and people with disabilities
who face mobility barriers and nonprofit and publicly
operated para transit service providers. Public transit
operators in Contra Costa must participate In the ATS
planning process to be eligible to receive funding In
this category. The ATS Plan must be adopted no later
than December 31. 2020. The development of the ATS
Plan will not affect the allocation of funds to current
operators as prescribed In the existing Measure J
Expenditure Plan.
25. Safe Transportation for Youth and Children
Prior to an allocation of funds from the Safe
Transportation for Youth and Children category, th e
Authority will employ a public process to develop
and adopt program guidelines and performance
assessment procedures to maximize effectiveness.
The guidelines and performance assessment may
require provisions, such as operational efficiencies,
performance criteria, parent contributions, and reporting
requirements. The guidelines will be developed In
coordination with the RTPCs to develop a program that
meets the needs within each subregion. Funding will
be allocated to subregions and program funding will
be subject to the publicized performance assessment
conducted by the Authority (see Item 16 In this policy
section). The development of the program guide lines
and performance assessment procedures will not affect
the allocation offunds to current programs as described
in the existing Measure J expenditure plan .
26. Enhance Ferry Service and Rail Connectivity in
Contra Costa County
All projects funded in the Enhance Ferry Service
and Commuter Rail in Contra Costa category will be
evaluated by the Authority and demonstrate progress
toward the Authority's goals of reducing VMT and GHG
emissions. Sel ection of final projects to be based on a
performance analysis of project alternatives consistent
with Authority requirements. Proposed projects must be
included in and conform w ith the ITP. Project sponsors
requesting funding from this category will be required
to prepare a feasibility and operations plan and submit
it to the Authority to demonstrate that there is sufficient
funding available to operate the proposed project and/
or service.
27. BART Maintenance of Effort (MOE)
Prior to any appropriation, allocation, or reimbursement
offunds to BART. the Authority Board shall make a
finding that BART has continued to use a proportional
share of its operating allocations for capital projects.
BART's preliminary FY 2019 Budget forecasts
approximately $150 million of its operating allocations
to capital projects. BART shall demonstrate that It
continues to use an equivalent proportional share
of It operating revenues for capital projects allowing
for normal annual fluctuations In capital projects or
maintenance expenditures. In years where BART fare
revenues or other general fund revenues are reduced
by a decrease In ridership or unforeseen economic
circumstances, loss of regional, state, or federal funding,
or where one-time costs are Increased by a natural
disaster, then the Authority may release funds only if
the Authority Board makes findings that 1) BART has not
reduced its capital project funding disproportionately
to the total operating revenue and 2) BART made best
efforts to fund capital projects that benefit Contra Costa
County.
--------------------------------------_.,. 2020 rAMISI'O~TATIONEXP!IIOil\IRI PlAt/
47
48
28. Cleaner, Safer BART
Prior to making an allocation of funds to BART for the
Cleaner, Safer BART category, BART shall develop
and submit a countywide plan to the Authority that
proposes how these funds and other funds available to
BART (Including Measure RR, Regional Measure 3, and
other funds) will be used as part of a systemwide effort
to Improve its stations to meet the goals described In
the TEP. The funding from the Cleaner, Safer BART
category will b e used for improvements to stations
in Contra Costa County and requires a minimum
dollar-for·dollar match from other BART funds. The
Planshould document how a systemwide program to
improve BART stations benefits Contra Costa residents
who travel outside the county. BART should consult
with the Authority (in consultation with RTPCs) in the
development of the countywide plan.
In the event BART completes the train control system
and if BART has maintained the commitment to
provide a minimum dollar.for-dollar match from other
BART funds as describe above, the Authority (in
consultation with RTPCs) and BART will jointly identify,
and the Authority may allocate fund s for the acquisition
of additional new BART cars to increase frequency
during periods of high demand. The allocation will be
considered in conjunction with a periodic review of the
TE P (see item 39 In this policy section) and available
funding capacity In the TEP.
29. Improve Local Access to Highway 4 and Byron
Airport
Prior to each allocation of funds from the Improve Local
Access to Highway 4 and Byron Airport ca t egory, the
Authority Board must make a finding that the project
includes measures to prevent growth outside ofthe
Urban Limit Lines (ULL). Such measures might Include,
but are not necessa rily limited to, limits on roadway
access in areas outside the ULL, purchase of abutters'
rights of access, preservation of c ritical habitat and/
or the permanent protection/acquisition of agricultural
and open space, or performing conservation measures
required to cover this project under the Ea st Contra
Costa County Habitat Conservation Plan/Natural
Community Conservation Plan (HCP/NCCP). With the
exception of the proposed new connection betwee n
Vasco Road and the Byron Highway, funding from this
category shall not be used to construct new roadways
on new alignments. The Authority will coordinate with
Alameda and/or San Joaquin Counties relative to
project improvements in those jurisdictions.
Cunlr 1 CosiJ li.Jn5~Drl.1 11111 Au lhQIIfY'
30. Modernize Local Roads and Improve Access to Jobs
Centers and Housing
Each jurisdiction In Contra Costa County wlll receive
their share of 15.2% of annual sales tax revenues,
calculated using a base allocation of $100,000 per
year plus additional funds distributed based half on
relative population and half on road miles within each
jurisdiction. In addition, j urisdictions in Central, East, and
Southwest Contra Costa will receive th eir share of an
additional allocation of 2 .2% of annual sales tax revenue
calculated using the sa m e formula. This is equivalent to
18% of the sales tax revenues for the Central, East, and
Southwest parts of the county for improvements under
this category. Populatio n figures used shall b e the most
current available from the State Department of Finance.
Road mileage shall be from the most current information
included in the Highway Performance Monitoring
System (HPMS). Jurisdictions shall comply with the
Authority's Maintenance of Effort (MOE) policy as well
as Implementation Guidelines of this TEP. In addition to
the requirements set forth In the Growth Management
Program Urban Lim it Line Compliance policies and
other applicable policies, local jurisdictions will report
on the use of these funds, such as the amount spent on
roadway maintenance, bicycle and pedestrian facilities,
transit facilities, and other roadway improvements,
and benefits to social equity and Communities of
Concern (as defined by the Metropolitan Transportation
Commission) in their jurisdictions. A minimum of 15%
of all local street funding be spent o n project elements
directly benefiting bicyclists and pedestrians.
31. Countywide Major Roads Improvement Program
Prior to an allocation of fund s from the Improve Traffic
Flow on Major Roads category, the Authority will
develop a new countywide Major Roads Improvement
Program to address congestion relief on major roads
within each subregion . The program guidelines will
include information regarding how to eva luate the range
of possible components. Implementation guidelines
and standards will be developed in coordination with
the RTPCs and will be approved by the Authority
Board. Project funding is subject to a performance
assessment conducted by the Authority using approved
and publicized guidelines. Funding will be allocated to
subregions. If projects propose d by an RTPC do not
meet performance standards, the project will either be
modified or withdrawn in favor of another project from
the same region . Funds in this category may be used
for arterial refurbishment/redesign for Transit First and
Complete Streets . Projects funded from the Improve
Traffic Flow on Major Roads category must conform to
the Transit, Complete Streets, Road Traffic Safety, and
other related policies .
32. Improve Walking and Biking on Streets and Trails
Prior to an allocation offunds from the Improve
Walking and Biking on Streets and Trails category, the
Authority will develop and adopt program guidelines
and standards for a competitive project-selection
process. All projects will be selected through a
competitive project-selection process with the Authority
approving the final program of projects, allowing for a
comprehensive countywide approach while recognizing
subregional equity based upon the proportional funding
share shown in the TEP. Project funding Is subject to a
performance assessment conducted by the Authority
using approved and publicized guidelines. Projects
funded from this category must comply with the Transit,
Road Traffic Safety, and Complete Streets Policies and
Include complete street elements whenever possible.
Up to $15 million within each subregion for a total of $60
million will be allocated to Complete Street demonstration
projects. Each demonstration project will be
recommended by the relevant Regional Transportation
Planning Committees and approved by the Authority
prior to allocation of funds to demonstrate the successful
Implementation of Complete Streets projects no later
than July 1, 2024. Each demonstration project will be
required to strongly pursue the use of separated bike
lane facilities to be considered for funding. The purpose
of these demonstration projects Is to create examples of
successful complete street projects In multiple situations
throughout the County.
Approximately one fifth of the funding Is to b e
allocated to the East Bay Regional Park District
(EBRPD) for the development, rehabilitation, and
maintenance of pave d regional trails. EBRPD is to
spend its allocation proportionally in each subregion,
subj ect to the review and approval of the conceptual
planning/de sign phase by the applicable subregional
committee, prior to funding allocation by the Authority.
The Authority, in conjunction with EBRPD, will develop
a maintena nce-of-effort requirement for funds under
this component of the funding category.
33. Reduce Emissions and Improve Air Quality
Prior to an allocation of funds from the Reduce
Emissions and Improve Air Quality category, the
Authority will develop and adopt program guidelines
and standards for a competitive project-selection
process. All projects will be selected through a
competitive project-se lection process with the
Authority approving the final program of projects,
allowing for a comprehensive countywide approach
while recognizing subregional equity based upon the
proportional funding share shown in the TEP. Project
funding is subject to a performance assessment
conducted by the Authority using approved and
publicized guidelines. Projects funded from this
category must comply with the Transit. Complete
Streets. Road Traffic Safety, and other related policies.
34. Seamless Connected Transportation Options
Prior to an allocation of funds from the Seamless
Connected Transportation Options category, the
Authority will develop and adopt program guidelines
and standards for a competitive project-selection
process. All projects will be selected through a
competitive project-selection process, with the
Authority approving the final program of projects,
and allowing for a comprehensive countywide
approach while recognizing subregional equity
based upon the proportional funding share shown In
the TEP. Project funding is subject to a performance
assessment conducted by the Authority using
approved and publicized guidelines. Projects funded
from this category must comply with the Transit.
Complete Streets, Road Traffic Safety and other
related policies.
35. Reduce and Reverse Commutes
Prior to an allocation of funds from the Reduce
and Reverse Commutes category, the Authority
will develop and adopt program guidelines and
standards for a competitive project-selection
process. All projects will be selected through a
competitive project-selection process with the
Authority approving the final program of projects.
allowing for a comprehensive countywide approach
while recognizing subregional equity based upon
the proportional funding share shown In the
TEP. Project funding is subject to a performance
assessment conducted by Authority using approved
and publicized guidelines. Projects funded from this
category must comply with th e Transit, Complete
Streets, Road Traffic Safety, and other related policies.
---------------------------------------?020 mMISPORTATIOII £XPEti0 11URE ~IMI
49
50
Project Financing Guidelines and Managing Revenue
36. Fiduciary Duty
Funds may be accumulated for larger or longer-term
projects. Interest income generated will be used for
the purposes outlined in the TEP and will be subject to
audits.
37. Project and Program Financing
The Authority has the jurisdiction to bond for th e
purposes of expediting the delivery of transportation
projects and programs. The Authority will develop a
policy to identify financing procedures for the entire
plan of projects and programs.
38. Strategic Delivery Plan
On a periodic bas is, the Authority will develop a
Strategic Delivery Plan to distribute revenue from the
Measure to TEP projects and programs. The Strategic
Delivery Plan will allocate Measure funds as a firm
commitment and will consider the amount of Measure
funds and additional leveraged funds available to
the project or program, ex pected cost and cash -flow
needs, and project or program delivery sc hedule In
alloca ting Meas ure funds. Recip ients of Measure funds
may seek an allocation for project s and programs
included In the Strategic Delivery Plan .
39. Periodic: Review of the 2020 Transportation
Expenditure Plan (TEP)
The Authority may review the TEP to consider updating
the financial forecast due to changing economic
conditions and adjust funding , If necessa ry, due to
revenue shortfalls. The project and program categories
may need to be adjusted based on progress made
In meeting the commitments and goals of the TEP.
The review may determine that increased revenues
be Invested in projects and programs deem ed by
the Authority to address transportation needs th at
will best serve the res idents of Contra Costa County.
The review will provide the opportunity to adjust the
TEP to adapt t o the current state of transportation,
leverage new funding opportunities, reflect changed
conditions, adhere to state and federal requirements,
tra ck performance towards commitments and goals
of the TEP, and to capture new opportunities that are
becoming better defined. The Authority will review the
TEP at a minimum of every ten years.
The Authority may review the performance of the TEP
and progress towards meeting state transportation
mandates for reduction In vehicle-mi le s trave led (VMn
per capita and greenhouse gas (GHG) emissions.
Depending on progress, the Authority may adjust and
ronlf JI!OSII 1fJII!.UIIII J IIU11 Au lhnllly
approve new goals In the TEP with explicit findings,
justification, and approach to meeting goals for State
transportation mandates to reduce VMT pe r capita and
GHG emissions.
Any amendments to the TEP must comply with the
policy for Expenditure Plan Amendments Require
Majority Support and the following rel ated policies.
40. Programming of Excess Funds
Actual revenues may, at times be higher or lower
than expected in this TEP due to changes In receipts.
Additional funds may become available due to the
increased opportunities for leveraging or project costs
being less than expected. Revenue may be higher
or lower than expected as the economy fluctuates .
Determination of when the additional funds become
excess will be established by a policy defined by the
Authority. Funds considered excess will be prioritized
first to the TEP projects and programs that are not fully
funded and second to other projects deemed by the
Authority to best serve the residents of Co ntra Costa
County. Any new project or program will be required to
be amended Into the TEP pursuant to th e Expenditure
Plan Amendments Require Majority Support section
above.
41 . Reprogramming Funds
Through the course of the Measure, If any TEP project
becomes undeliverable, infeas ible, or unfundable due
to circumstances unforeseen at the time the TEP was
created, funding for that project will be reallocated to
another project or program. The subregion where the
project or program was located may request that the
Authority reas sig n funds to another project category in
the same subregion. In the allocation of the released
funds, the Authority, in consultation with the su bregion's
RTPC, will consider:
a. A project or program of the same travel mode (i.e.,
transit, bicycle/pedestrian, or road) In the same
subregion
b. A project or program for other modes of trav el In the
same subregion
c . Other TEP projects or programs
d . Other projects dee med by the Authority to best
serve the residents of Contra Costa County
Th e new project, program, or funding level may require
amending the TEP pursuant to the Expenditure Plan
Amendments section above.
Funds may require reallocation to meet state
transportation policy for vehicle-miles traveled per
capita and greenhouse gas emissions.
42, Leveraging Funds
Project proponents, including the Authority, are
expected to apply for all available funds from other
sources to maximize the leveraging of TEP funds. To
the extent matching funds from the TEP are needed to
complete a project or a phase of project, the Authority
will approve funding from the applicable funding
category In the TEP where the project is eligible for
funding. If the project is determined not to be eligible
for funding under any of the categories in the TEP, the
Authority, in consultation with the respective RTPC,
may approve matching funds from the Reduce and
Reverse Commutes category. The Authority may utilize
funding from the Transportation Planning, Facilities,
and Services category, as needed, to attract other fund
sources.
43. Development of Guidelines for Performance-Based
Projects Review and Programs
The TEP requires development of procedures and
guidelines to ensure the goals ofthe TEP are attained.
To ensure high quality of the resulting guidelines
and substantial public participation, the following
procedures shall be used unless specifically replaced
by the Authority.
a. Scope. The Authority will adopt the following
Implementation guidelines and procedures described
in the TEP, herein referenced as Guidelines.
1. Performance-Based Project Review
2 . Countywide Major Road Improvement Program
3. Safe Transportation for Youth and Children
4. Improve Walking and Biking on Streets and Trails
5 . Reduce Emissions and Improve Air Quality
6 . Seamless Connected Transportation Options
7. Reduce and Reverse Commutes
8. Integrated Transit Plan
9. Vehicle-Miles Traveled Mitigation Program
The Guidelines shall adhere to the following
parameters:
1. Implement the overall guiding principles, goals,
and policies of the TEP and the applicable
funding categol)' efficientlY and effectively
2. Utilize other regulations and reporting
requirements for funding recipients as possible
to avoid additional work
3. Increase public confidence regarding the
Authority and its actions
4. Shall be written concisely In plain language
b. Schedule. Before December 31, 2020, the Authority
shall publish a public outreach and engagement
process and a schedule for developing the
Guidelines. Individuals and organizations shall
be able to register their interest in development
of the Guidelines and shall subsequently receive
advance notification from the Authority of the steps
described below and encourageme nt to participate.
c . Public Review. Using a structured public-engagement
process, the Authority will publish the draft
Guidelines for public comment and questions
from residents , agencies, and Interested parties.
Cities/towns and Regional Transportation Planning
Committees (RTPCs) may provide Input and
feedback on draft Guidelines. The public comment
period will be at least 45 days. Public Meetings
will be held to receive any Input and requested
modifications from the public.
d. Public Oversight Committee (POC). The POC shall
be convened and tasked with reviewing comments
received during the public review period. The POC
will provide input and recommendations regarding
the Guidelines for consideration by the Authority.
e. Approval. The Authority shall discuss POC
recommendations, public comments, requested
modifications, or additional criteria at a public
meeting. The Guidelines shall be approved by a
supermt;tiority (66%) vote of the Authority Board and
published on the Authority's website. The Authority
will send notices to all interested parties . The
Guidelines shall be reviewed and approved by the
Authority every five years if needed to achieve the
goals of the Plan, with input and recommendations
from the POC and other interested parties.
--------------------------------------~ tn~o TnMISPnRTATIOII E~PEtiOIIURt PLMI
51
52
Road Traffic Safety Policy
V ISION
In this Plan, the Road Traffic Safety policy Is Intended
to eliminate trafflc·related deaths and severe Injuries
within Contra Costa County by prioritizing a systemwide
safety approach to transportation planning and
design . Principally, the Road Traffic Safety policy treats
personal mobility and accessibility as a fundamental
activity of the general public to attend school, conduct
business. and visit friends and family, free from
the risk of physical harm due to traffic . This policy
applies to all transportation system users. Including
pedestrians, bicyclists. transit riders. micromoblllty users,
automobile drivers, taxis, ride -hailing services and their
passengers, truckers, and people of varying abilities,
including children, seniors. and people with disabilities.
Implementation of the Road Traffic Safety policy Is
intended to reduce societal costs due to loss of life and
injury, lessen congestion stemming from nonrecurring
traffic collisions and Incidents, and generally enhance
the quality of life In Contra Costa.
POLICY
Achieving this vision will require shifting the paradigm
of traditional transportation planning and engineering
by following the principle of "Vision Zero," which is
an internationally recognized approach to proactively
preserving life safety In transportation planning and
engineering decision making. All recipients of funding
through this Plan shall systemically incorporate street
design elements that quantlflably reduce the risk of
traffic-related deaths and severe injuries in the public
right-of-way and accommodate the needs of all users
in the planning, design, construction, reconstruction,
rehabilitation, operations. and maintenance of the
transportation system .
In consultation with local jurisdictions, the RTPCs. and
the public, the Authority shall develop and adopt a Model
Vision Zero Policy that reflects best practices for street
design elements and programs to mitigate human error
and quantifiably Improve the traffic safety of all users
in the planning, design, and construction of projects
funded with Measure funds . Key design elements of the
Model Vision Zero Polley shall be Incorporated Into the
Authority's project development guidelines as appropriate.
To be eligible to receive Measure funds. local jurisdictions
must adopt a Vision Zero Policy that substantially
complies with the Authority's Model Vision Zero Policy.
Jurisdictions that adopt a Vision Zero Policy prior to the
Authority's adoption of the model Vision Zero Policy may
be considered compliant with the Growth Management
Program compliance requirements if the adopted policy
substantially complies with the Authority's Model policy.
To ensure consistency with the Road Traffic Safety Polley
vision, the Authority shall coordinate periodic traffic
system and project monitoring with loca l jurisdictions
and the RTPCs and utilize data collected over time to
evaluate the effects of Vision Zero Implementation on
public health and safety. Emphasis shall be placed on
proactive deployment of next.generation technology, such
as advanced detection systems at major Intersections and
corridors Identified In regional and loca l plans as having
high collision density, Funding for this level of effort shall
be made available to local jurisdictions and RTPCs through
the Countywide Major Road Improvement Program and
funding from the Improve Traffic Flow on Major Roads .
l\!!t U,il~fl,f,lli ~II~Jl'li i J IIQIIAUthntiiY -4----------------------------------------
Deve loped by the Contra Costa Transportation Authority Boa rd
in partn ers hip with th e communities It serves .
Janet Abelson
Council Me mber, City of El Cerrito
Debora Allen (Ex Officio)
Director, BART Board of Directors
Newell Arnerich
Council Member, Town of Danv ille
Tom Butt
Mayor, City of Richmond
Teresa Gerringer
Council Me mber, City of Lafayette
Federal Glover
Board of Sup ervisors, Contra Costa County 05
Loella Haskew
Mayor Pro Tern, City of Walnut Creek
Dave Hudson
Council Member, City of San Ramon
Karen Mltchoff
Board of Supervisors, Contra Costa County 04
Julie Pierce (Vice Chair)
Vice Mayor, City of Clayton
Kevin Romick
Council M embe r, City of Oakley
Robert Taylor (Chair)
Mayor, City of Brentwood
Monica Wilson (Ex Officio)
Council Member, City of Antioch
Amy Worth (Ex Officio)
Council Me mber, City of Orinda
--------------------------------------~ ~01nTRftN SPORfAl lntl rXPE UOniJR E Pl MI
53
EXHIBIT2
2020 TRANSPORTATION EXPENDITURE PLAN SUMMARY BY SUBREGION
[Attached behind this page]
2020 Transportation Expenditure Plan Funding Summary
Fwuling c.Mq...., s mlllloru "
~EI:JMNG CONGESTlON ~ HIGHWAYS, lfflCRCH.utGES. AND Mill OR ROADS 1484 41.1%
llnprore State Route 242 (SR·242}, ...,_ 4, Transit oDd dAAT C<>nldot 7iJS 19.5%
R.ellooeCongestion 3nd lmpnwe Al:cess to Jobs alo~ ~w-av4 and SR-24.2 100 5.s"
lmt><"O""' Loca l Ac<:Ms to Hiplwoy4 ond Byron AlrpcA 150 4.ZJ'
Eut Countv T"'""k E>clmslon I<> Brom..."Ood ~nd Connocti•itv to Trar>Sit, .Rail, a11d P~rtlng 100 2.!"
111\PI'DV<! lnoffoc f law on Majot Roods in Eut CoLmtr 107 3.~
Enllo"""' FMV Sl!l'\(tce a<>d C<lfnm UUt Rall l~ East and Centrol Cou~ 50 lA"
lmpr""" Tr~nsit Rellabolity along 5R-242 .. 5tote lloute 4 011d Vuco Rl»>l :50 lA"
iAdci!ional eiiARTT,.,in ~rs 28 O.ml
ISumlo>S C011r>eeted lt3flsportit ian Options 20 0 .6"
Modtmlze lrUrsla~ SilO (f.680}, llicfrway 24, Transit,. and 8AJIT Conldot S:Jii 14.."'
ifler.ew, Congestion, Ease Bottlon.ecks,. 311d lmpr~ Loco! Access 31onc tho I.V80 C:crrtdor 200 s~
~mprD'ft Totroc flow on Mojor Roads in the Ce~~tro l County and Lamorlnda 145 4.0%
jmpra-Tra~~slt Reliobirotv along the 1-6150 •"" Hlshway 24 Corridors 50 '""" f'rcwfde Grntr< Acass to BART Sbticns alon1l-'80 ~d lf~Bhwoy 24 49 1A
)mc:Jr<Mt Traffic flow on tiaftway 24 a11d Modernize the COd Bores o f ~ldecottTuooel 35 1.0%
)mprO'It Tofl1c Flow on Mo;or Roads in San Ra mon Vo lley 3'2 0.9% Sa"*'• Connected T ransportatlon Opticns 2S QJ'%
Enl>ance lllter-111 1-801. lilltorsDII! 580 ft.-5801.. Rlthmond -~ ~•el Brldp. Traoullar>d BART Conidor 143 6 .-nc;
lmpr~·TAnslt ltelabilit:y o l11<11 thei..SO Conidior 90 25%
Reli...e Concestlon or>d Im p"""' Local Acoess alon& t he J.&l CC<ridot 57 1.6')(,
tmprooe Toffiic Flaw on Major Roads in WestCoiD'Itr 38 1.1%
Enivnoe Feny Semel> and CoiN!Illter Rail Ill West COli!!!£ 34 0.9%
tmpro.~> Tnolfit Flaw and Local Access to Richmond-san Rafael Brld1.• a lonll·580 lfld Rich monel P.:dw;oy 19 0 .5%
Sea.ml•n Coooected TransportoUon Optloru s I 0.1%
IMP'IIO\lmG TIIANSJr ANDTIIAIISPOIITA:liON CO Urfll'WIDE rH All OUR COMMUNntES 1980 S..!l%
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ill ~>US~> Bus servkles a no Reliability in West C<>nn COsta 2SO 6,~
lm~o." W~B and llilir11 on Sln!ets and Trais 215 6.0%
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Soit.tot.ll 3464
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Admlnlsto Uon 36 1.0!'
Toto I 3601 100.0%
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This Page lnte,ntionally Blank
CON TR II C05T A
transportation
authority
Contra Costa Transportation Authority STAFF REPORT
Subject
summary of Issues
Recommendations
Meeting Date: October 30, 2019
Approve Ordinance 19 ~02 Adopting the 2020 Transportation
Expenditure Plan (TEP)
Beginning in early 2019, the Contra Costa Transportation Authority
(Authority) has undertaken actions necessary to consider placing a
measure on the March 2020 electlon ballot, which would establish a
new one-half of one cent transactions and use tax (aka sales tax) for
transportation purposes to meet the growing needs of Contra Costa
County. Placing a new transportation sales tax on the ballot requires
preparation and adoption of a TEP documenting the use of the revenues
expected to be derived from the sales tax. The Authority approved the
final language for the Draft TEP on August 28, 2019 and released the
TEP for approval by City/Town Councils and the Contra Costa County
Board of Supervisors. The TEP was approved by all City/Town Councils
and the Contra Costa County Board of Supervisors.
Staff has worked with the Authority's legal counsel to develop the
attached Ordinance 19-02 as consideration of adopting the TEP .
Staff seeks Authority Board approval to adopt Ordinance 19-02, which
will approve the 2020 TEP, pursuant to a finding that the adoption of
the ordinance is not a project or, alternatively, is exempt from
environmental review under the California Environmental Quality Act of
1970 (CEQA).
Financial Implications The proposed TEP would, if approved by the voters, generate $3.608
billion (current dollars) in sales tax revenues over 35 years to improve
the transportation system in Contra Costa County.
Options
Attachments
The Authority Board can elect to not adopt the TEP, which would
effectively end efforts to seek a new transportation sales tax measure
on the March 2020 ballot.
A. Ordinance 19-02
Changes from
Committee
Background
Contra Costa Transportation Authority STAFF REPORT
October 30, 2019
Page 2 of 3
Since 1989, the Authority has administered sales tax revenues collected through voter-
approved transportation sales tax measures, specifically Measures C and J. Measure C, passed
in 1988, created a half·cent sales tax for 20 years, which expired in 2009. In 2004, Contra Costa
County voters approved Measure J1 with a 71 .1 percent vote1 to continue the half-cent
transportation sales tax for an additional 25 years beyond the Measure C 2009 expiration date.
Together, the two measures fund $1.4 billion to capital projects and will attract $4.1 billion of
additional federal, state, and regional funds providing a total investment of $5.5 billion in vital
transportation investments in Contra Costa County. These previous measures also established
the Growth Management Program (GMP), the principles for agreement of an Urban Limit Line
(ULLL and other policies.
The Authority, as Contra Costa County's Congestion Management Agency (CMAL updates the
Countywide Transportation Plan {CTP) on a periodic basis. The CTP identified goals for bringing
together all modes of travel , networks and operators to meet the diverse transportation needs
of Contra Costa County, and highlights priority programs and projects to meet these needs. The
cost for the projects identified in the 2017 CTP totals $11.6 billion with available funding from
approved local, federal, state and regional sources projected to be $3.6 billion, resulting in an
$8 billion shortfall for projects. State and federal transportation programs no longer contain
reliable funding that addresses multi modal needs.
To continue to implement a robust program to improve the transportation network in Contra
Costa County, and to enhance or add new services, additional new revenue is required . Placing
a new transportation sales tax measure on the ballot requires preparation and adoption of a
TEP to document the planned use of the revenues expected to be derived from the sales ta x. In
early 2019, the Authority began discussions on the development and approval of a new TEP and
an associated countywide transportation sales tax measure as a potential method to begin to
address the funding gap .
The Authority conducted outreach with the public and worked with the Cities/Towns, Regional
Transportation Planning Committees (RTPCs), and other stakeholders to develop the proposed
TEP. The Authority Board approved the Draft TEP on August 281 2019 and released it for
Contra Costa Transportation Authority STAFF REPORT
October 30, 2019
Page 3 of 3
approval by City/Town Councils and the Contra Costa County Board of Supervisors. The TEP was
approved by all nineteen City/Town Councils and the Contra Costa County Board of Supervisors .
Staff has worked with the Authority's legal counsel to develop the attached Ordinance 19 -02 for
consideration of adopting the TEP . The ordinance also makes a finding with respect to
compliance ofthe TEP with CEQA.
RECOMMENDATION(S):
FIX December 17, 2019, at 9:30 a.m., as the date and time for a hearing to consider adopting Resolution
No. 2019/637 to approve increases in rental fees effective December 18, 2019, revised rental agreement
documents, and new insurance requirements for the Lefty Gomez Community Center, as recommended by
the Public Works Director, Rodeo area. (District V)
DIRECT the Clerk of the Board of Supervisors to cause a notice of public hearing to be published in
accordance with Government Code Sections 6062a and 66018.
FISCAL IMPACT:
100% County Service Area (CSA) R-10 Funds.
BACKGROUND:
Staff analyzed costs
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
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: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Slava Gospodchikov - Engineering Services , Carl Roner- Special Districts, Rochelle Johnson - Special Districts, Victoria Skerritt, Special Districts
C. 13
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director/Chief Engineer
Date:November 12, 2019
Contra
Costa
County
Subject:FIX the proposed revision rental documents for use of the Lefty Gomez Community Center, Rodeo area.
BACKGROUND: (CONT'D)
related to use of the Lefty Gomez Community Center facilities and found that the costs for the rental of
the restrooms, the ballfield, and security guard rates have not kept up with current maintenance and
energy costs.
Staff anticipates that improvements for greater accessibility and deferred maintenance expenses will
exceed revenues. Accessibility expenses include Americans with Disabilities Act (ADA) improvements
to make the parking lot accessible, including the addition of ADA parking stalls, striping and signage.
Deferred maintenance expenses include interior painting, floor covering, and chair and table
replacements to maintain an acceptable appearance for rental of the Center. The kitchen appliances have
been repeatedly repaired and require replacement. Roof repairs and exterior painting are also needed.
In October 2003, the Board approved fee increases and revisions to the Rules and Regulations for use of
the Lefty Gomez Community Center. There have been no fee increases during the past 16 years. Staff
surveyed other community centers and learned that the Lefty Gomez Community Center’s current
hourly rental fees are consistent, and in some cases lower than those charged by other facilities for
similar services and capacity. Staff recommends that the Board of Supervisors hold a hearing to consider
approving the increase in rental fees, effective December 18, 2019, (Attachment 2) for restrooms, the
ballfield, and security guard rates to enable staff to adequately maintain the facilities.
Staff also recommends that the Board approve changes to the Community Center Rules and Regulations
in order to limit the County’s liability exposure and to protect the facilities from damage. Rules and
regulations changes include; a requirement that renters obtain a food permit from the County
Environmental Health Division of the County Health Services Department when selling or serving food
to the general public; a requirement that renters obtain a license from the California Department of
Alcoholic Beverage Control (ABC) when a renter intends to sell alcohol; all renters obtain insurance
with coverage of $1,000,000; and a specific prohibition against the use of inflatable jumpers.
CONSEQUENCE OF NEGATIVE ACTION:
If the hearing is not held, the Board of Supervisors will not be able to consider increases in the
community center rental fees. Rental Revenue at the current rates make it difficult for County Service
Area R-10 to generate enough revenue to pay for maintenance of the Lefty Gomez Community Center
restrooms and the ballfield. Increased rental fees will help provide the revenue needed to make
necessary improvements, adequately maintain the rental facilities, and support staffing a Facility
Coordinator at the site.
ATTACHMENTS
Attachment 1 - Proposed Rules & Regulations
Attachment 2 - Proposed Rate Increase
Attachment 3 - Proposed Insurance Requirements
Montarabay Community Center • (510) 724-1434 • Montarabay@gmail.com
Lefty Gomez Community Center • (510) 799-7592 • rodeoctr@gmail.com
Contra Costa County Rental Facility • For Additional Support contact: 925-313-2000
ATTACHEMENT 1
Page 1 of 8
G:\spdist\Board Orders\2019\11-12-2019\Montarabay Fee Increases\Community Center Rules and Regulations 2018 with sms comments FINAL.docx
Contra Costa County
Community Center
Rules and Regulations
Effective Date:
Thank you for selecting a Contra Costa Recreational Facility to host your event. Please review all rental
documents carefully to better understand your rental requirements. The renter is solely responsible for ensuring
that the renter and the renter’s guests comply with all of the following rules and regulations throughout the rental
period.
FACILITY RENTAL OCCUPANCY
The maximum occupancy for Montarabay Community Center is 112 people, and the maximum occupancy for Lefty
Gomez Community Center is 60 people.
GENERAL REGULATIONS
1. A renter may use only those facilities or equipment specifically designated on the “Application for Use.”
2. The renter shall procure, at the renter’s own cost and expense, all permits and licenses required for the intended
use or activity.
3. If Contra Costa County staff or law enforcement determine that any person or persons are engaging in any
activity that constitutes a public nuisance or criminal activity, County staff or law enforcement, at their
discretion, may require the person or persons to leave, immediately cancel the renter’s event, and/or require
the renter to forfeit all fees and security and cleaning deposits. The Contra Costa County Sheriff’s Office may
be contacted to support patron ejection and document any such nuisance or criminal activity.
4. Contra Costa County personnel shall have the right to enter the facility at all times during the rental period.
5. The renter will be held responsible for any loss or damage caused by the renter’s guests or anyone performing
any services at the facility at the renter’s direction.
6. Community Center staff are not responsible for setting up and/or taking down the tables and chairs. This is the
responsibility of the renter and must be completed during the rental period.
7. The renter shall ensure that all deliveries are scheduled during the rental period.
8. The renter shall ensure that no vehicles are driven or parked on the patio, walkways, or sidewalks.
9. The volume of sound audible outside the facility must not interfere with the public’s right to the quiet enjoyment of
the surrounding area.
Montarabay Community Center • (510) 724-1434 • Montarabay@gmail.com
Lefty Gomez Community Center • (510) 799-7592 • rodeoctr@gmail.com
Contra Costa County Rental Facility • For Additional Support contact: 925-313-2000
ATTACHEMENT 1
Page 2 of 8
G:\spdist\Board Orders\2019\11-12-2019\Montarabay Fee Increases\Community Center Rules and Regulations 2018 with sms comments FINAL.docx
a. Music that is not amplified may be played outdoors at the facility.
b. Amplified music may be played indoors only.
c. Any violation of this Section 9 may result in immediate termination of the event and forfeiture of all fees and
security and cleaning.
10. The renter must notify the County at least one business day before the start of a rental period of any changes
to the rental period (i.e., rental period beginning and/or ending times) and any changes to the intended use of
the facility during the rental period. Changes are subject to staff availability and subject to additional charges.
11. If Community Center staff determine that the renter has misrepresented information on the rental application,
Community Center staff, at their discretion, may immediately terminate the event, which will result in forfeiture
of the renter’s fees and security and cleaning deposits. Misrepresentation includes, but is not limited to: 1)
misrepresenting the type of activity; 2) misrepresenting residency of the renter; 3) exceeding the capacity of the
facility; 4) misrepresenting if alcohol will be served or sold; and 5) misrepresenting the number and/or age group
of the renter’s guests
12. The Public Works Director, or designee, will determine whether the renter will need to retain security guards
for the duration of the renter’s event. This decision is based on the type of event and the number of
participants in attendance. If a renter is required to have security guards on duty during an event, security
guards will be hired by the Community Center Facility Coordinator. The renter must include with their deposit
an amount sufficient to cover the Community Center Facility Coordinator’s estimat e of the costs for security
guards, If the actual costs for security guards exceeds the estimated amount, the difference will be deducted
from the security and cleaning deposits, and any amount that exceed those deposits will be charged to the
renter. The Community Center Facility Coordinator or security officers may request the assistance of the
Contra Costa County Sheriff’s Office at any time to prevent abuse of privileges and to enforce the Rules and
Regulations. Staff, security officers, or Sheriff’s officers may terminate any activity that poses a threat to the
safety of the participants, staff, security officers, the facility, or the public. If the Sheriff’s Office is called by
Community Center Facility Coordinator or security, the event will be cancelled and the all fees and security
and cleaning deposits will be forfeited. The renter shall be responsible for paying all response costs charged by
the Sheriff’s Office
Montarabay Community Center • (510) 724-1434 • Montarabay@gmail.com
Lefty Gomez Community Center • (510) 799-7592 • rodeoctr@gmail.com
Contra Costa County Rental Facility • For Additional Support contact: 925-313-2000
ATTACHEMENT 1
Page 3 of 8
G:\spdist\Board Orders\2019\11-12-2019\Montarabay Fee Increases\Community Center Rules and Regulations 2018 with sms comments FINAL.docx
13. The security deposit may be composed of the cleaning/damage deposit, noise deposit, and alcohol deposit.
RULES REGARDING THE USE OF THE FACILITY
The consumption of alcoholic beverages is not allowed anywhere outside of the facility.
1. Smoking is prohibited both indoors and outdoors at County facilities and parks. This includes traditional
cigarettes, e-cigarettes/vaping and marijuana use.
2. Rice, confetti or similar materials are not allowed inside or outside the facility. A violation of this rule will result in
a $25 penalty.
3. Masking tape and scotch tape are the only adhesives allowed to be used to secure decorations. The renter
is responsible for removing all tape before the end of the rental period.
4. Adhesive, nails screws, tacks, staples and other similar materials are not permitted to be used in the facility.
All materials used to decorate the facility must be fire retardant. Exits, emergency exit signs, fire
extinguishers, fire extinguisher and equipment cabinets, smoke detectors, and fire sprinklers must not be
covered or obstructed. All decorations must be removed from the site before the end of the rental.
5. No equipment may be removed from the facility without prior approval of the Community Center staff.
6. Only Community Center staff are authorized to operate the heating system. There is no air conditioning system.
Please plan accordingly.
7. Any equipment or furnishings moved during the rental period must be returned to the original positions and
locations.
8. The facility must be left in a clean and orderly condition, in accordance with the Community Center Cleaning
Guidelines. You will be given a copy of the Community Center Cleaning Guidelines when you reserve the facility.
Your signature on the “Application for Use” indicates that you have read and agree to comply with the
Community Center Cleaning Guidelines.
9. Additional charges may be assessed against the renter resulting from the use of the facility beyond the time
specified, damage to the facility, or additional services in the nature of janitorial or maintenance work which may
be required due to the use of the facility. The determination of the assessment of the additional charges will be
at the sole discretion of the Community Center Facility Coordinator.
10. The renter of the facility will be held responsible for any loss or damage to the property caused during the rental
period. The renter is required to pay the cost of repairing or replacing the damaged or lost property, in
accordance with the Cleaning Guidelines.
11. The kitchen is not equipped with dishes or utensils.
Montarabay Community Center • (510) 724-1434 • Montarabay@gmail.com
Lefty Gomez Community Center • (510) 799-7592 • rodeoctr@gmail.com
Contra Costa County Rental Facility • For Additional Support contact: 925-313-2000
ATTACHEMENT 1
Page 4 of 8
G:\spdist\Board Orders\2019\11-12-2019\Montarabay Fee Increases\Community Center Rules and Regulations 2018 with sms comments FINAL.docx
12. The use of helium filled balloons is allowed. However, should any remaining balloons cause the facility's alarm
system to be triggered after the event, a $50 false alarm charge will be deducted from the security deposit.
13. Inflatable jumpers or bounce houses are not permitted.
YOUTH GROUPS
1. Groups composed of minors (persons 18 years or younger) must be supervised by one (1) adult (25 years
of age or older) for each ten (10) minor children, and at least one adult (25 years of age or older) must be
present at all times while minors are using the facility.
2. The “Application for Use” must be completed by the adult parent supervising the rental, who shall be the
“renter” for the purposes of the rental and these rules and regulations. The names and telephone numbers
of all adults supervising children must be submitted to the Community Center Facility Coordinator no later than
fourteen (14) days prior to the start of the rental period.
3. Failure to submit names and telephones numbers 14 days prior to the use of the facility may result in
cancellation of the rental and forfeiture of all fees and deposits.
4. Persons under the age of 21 are not allowed to consume alcoholic beverages at any time.
5. Failure of the renter to be present, or for one adult (persons 25 years of age or older) for every 10 children
to be present (with a minimum of one adult present), at all times during the rental period shall, at the sole
discretion of the Community Center Facility Coordinator, result in immediate termination of the rental and
forfeiture of all fees and deposits.
LIABILITY INSURANCE
A renter is required to comply with the “Liability Insurance Requirements for Facility Rentals” included as a part of the “Application
for Use.”
CERTIFICATION, INDEMNIFICATION & RELEASE
The renter’s signature on the “Community Center Application for Use” certifies all of the following: (1) that the
renter has received and read these “Community Center Rules and Regulations,” the “Community Center Rental
Rates, Permits, and Insurance Requirements,” the “Community Center Renter Cleaning Guidelines, and the
“Liability Insurance Requirements for Facility Rentals” (the “Rental Documents”); (2) that the renter agree to be
solely responsible for ensuring that the facilities and surrounding property are used in accordance with the
requirements included in the Rental Documents; and (3) that, if there are any minors present during the rental
period, the renter will be fully responsible for them throughout the rental period.
Montarabay Community Center • (510) 724-1434 • Montarabay@gmail.com
Lefty Gomez Community Center • (510) 799-7592 • rodeoctr@gmail.com
Contra Costa County Rental Facility • For Additional Support contact: 925-313-2000
ATTACHEMENT 1
Page 5 of 8
G:\spdist\Board Orders\2019\11-12-2019\Montarabay Fee Increases\Community Center Rules and Regulations 2018 with sms comments FINAL.docx
The renter’s signature on the “Community Center Application for Use” also constitutes the renter’s agreement to
the following indemnification requirement:
Effective upon the Contra Costa County’s approval of renter’s “Application for Use,” and in consideration for that
approval, renter hereby agrees to defend, indemnify and hold harmless Contra Costa County, its officers,
officials, employees, agents, volunteers, successors, and assigns (“Indemnitees”) from and against any and all
claims, suits, actions, damages and causes of action, including for any personal injury, bodily injury, loss of life,
damage to any property, violation of any federal, state or local law or ordinance and for costs, attorney’s fees, or
any other liability whatsoever directly or indirectly arising out of or resulting in any way from the occupancy or use
of the facility by the renter and/or the renter’s invitees, officers, officials, employees, volunteers, contractors
and/or subcontractors except as may arise from the sole and active negligence of any of the Indemnitees. If the
renter is acting on behalf of an organization, corporation, limited liability company, or partnership, the renter’s
signature on the “Community Center Application for Use” certifies that the renter is authorized to act on behalf of
that entity and bind the entity to the terms of the “Community Center Application for Use.” The requirements in
this paragraph shall survive the rental period.
The renter’s signature on the “Community Center Application for Use” also constitutes the renter’s agreement to
the following release from liability:
Effective upon Contra Costa County’s approval of renter’s “Community Center Application for Use,” and in
consideration for that approval, the renter hereby releases and discharges the Indemnitees from any and all
claims, demands, causes of action, obligations, damages, and liabilities, which the renter now has or could assert
in any manner related to or arising from the condition of the facility or the property surrounding the facility, the
suitability of the facility, the terms and conditions of the rental of the facility, any direct, indirect, incidental, or
consequential damages that the renter incurs as a result of the termination of the rental before or during the
rental period for any reason. The renter knowingly waives the right to make any claim against the Indemnitees
for such damages and expressly waives all rights provided by section 1542 of the California Civil Code, which
provides as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Montarabay Community Center • (510) 724-1434 • Montarabay@gmail.com
Lefty Gomez Community Center • (510) 799-7592 • rodeoctr@gmail.com
Contra Costa County Rental Facility • For Additional Support contact: 925-313-2000
ATTACHEMENT 1
Page 6 of 8
G:\spdist\Board Orders\2019\11-12-2019\Montarabay Fee Increases\Community Center Rules and Regulations 2018 with sms comments FINAL.docx
If the renter is acting on behalf of an organization, corporation, limited liability company, or partnership, the
renter’s signature on the “Community Center Application for Use” certifies that the renter is authorized to act on
behalf of that entity and bind the entity to the terms of the “Community Center Application for Use.” The
requirements in this paragraph shall survive the rental period.
RESIDENCY VERIFICATION
To qualify for residency rates, an applicant must verify that the applicant’s primary place of residence
is located within County Service Area R-10 (Rodeo) for Lefty Gomez Community Center, or within
County Service Area M-17 (Bayview Park, Tara Hills, and Montalvin Manor) for Montarabay
Community Center. To establish residency, at the time of application the renter must show
Community Center staff a valid state issued identification card or driver’s license showing the
residential address AND a current utility bill (water, garbage, or PG&E) showing the renter’s name
and a service address that matches the address on the identification card or driver’s license.
MISREPRESENTATION
If the County Public Works staff learns that the renter has provided false information in the application
the County Public Works Director or designee reserves the right to cancel the rental and retain all
payments and deposits received.
TERMINATION BY CONTRA COSTA COUNTY
The County of Contra Costa Public Works Director or designee reserves the absolute right at any time prior to
or during the renter’s use of the facilities, to cancel the reservation and to terminate this agreement in the event
of an emergency, casualty, physical damage to the facility, or other occurrence that the Contra Costa County
Public Works Director determines, in his/her sole discretion, that said occurrence renders the facilities unsuitable
or unsafe for use, or requires the facilities to be used for emergency purposes. Such occurrences include, without
limitation, any of the following:
1. Fire, flood, earthquake, weather damage, or other casualty causing physical damage to the facilities.
2. The making of improvements, alterations or repairs required by law or otherwise necessary to put or maintain
the facilities in a safe and fully functional condition, including unexpected delays in the completion of such
repairs, improvements, or alterations.
3. Fire, flood, earthquake, weather damage, or other casualty creating an emergency situation on property other
than the County premises for coordination of emergency relief efforts or for housing storage.
4. Power failure, restrictive governmental laws or regulations, riots, insurrections, wars or other causes beyond the
Montarabay Community Center • (510) 724-1434 • Montarabay@gmail.com
Lefty Gomez Community Center • (510) 799-7592 • rodeoctr@gmail.com
Contra Costa County Rental Facility • For Additional Support contact: 925-313-2000
ATTACHEMENT 1
Page 7 of 8
G:\spdist\Board Orders\2019\11-12-2019\Montarabay Fee Increases\Community Center Rules and Regulations 2018 with sms comments FINAL.docx
County's reasonable control which render the facilities unfit or unsafe for their intended use.
In the event that a reservation and this agreement are terminated for any reason, including any termination under
this provision, the County, its officers, employees, and agents shall not be responsible or liable for any direct,
indirect, incidental or consequential damages that the renter incurs as a result of such termination.
RESERVATIONS, CANCELLATIONS, & TRANSFERS
Reservations
1. Reservations can be made up to six (6) months in advance, but not less than 30 days before the requested date of use (event).
2. Fees paid 30 days or more prior to the requested date of use, may be paid via check, money order or cashier’s check. Cash payments are accepted by appointment only at 255 Glacier Drive, Martinez CA 94553.
3. Fees paid 14-30 days prior to the requested date of use may only be paid via money order, or cashier’s check.
4. Reservations are not considered confirmed until the cleaning/damage deposit is paid in full. Payment of the cleaning/damage deposit must be made a minimum of thirty (30) days prior to the requested date of use.
5. The renter requesting use of the facility must submit the “Application for Use” in person.
6. The "Application for Use” must be signed by a responsible adult, who is at least 21 years of age.
7. No reservations will be taken on a continuous year-to-year basis.
8. Future reservations by any individual or group will not be accepted until all outstanding bills from prior uses have been paid in full.
9. Contra Costa County reserves the right to re-schedule or cancel any rental without liability. Refunds will be made accordingly to the applicant.
10. All facility rentals are subject to staff availability.
Cancellations
1. All CANCELLATIONS MUST BE DONE IN WRITING BY THE PERSON WHO MADE THE RESERVATION.
a.All written cancellations notices must be submitted to the appropriate email address listed at the
bottom of this page.
2. A cancellation fee of $50.00 is charged for all cancellations.
3. Refunds of the security deposits, rental fees and security fee are based on the following time frame:
a.100% of the deposit, rental fee and security fee will be returned if notification is given 60 days prior to the requested date of use.
b.50% of the deposit, rental fee and security fee will be returned if notification is given from 59 days up to 31 days prior to the requested date of use.
c.Renters who cancel their original requested date of use 30 days or less before the event, or who fail to give written notice of cancellation, will forfeit the entire security deposit, all rental fees and security fees.
d.Renters who are required to obtain a food permit, liability Insurance, and/or a license from the California Department of Alcoholic Beverage Control and are unable to satisfy any of those requirements, may still rent the facility, but will not be allowed to serve food to the public and/or sell/serve alcohol.
Montarabay Community Center • (510) 724-1434 • Montarabay@gmail.com
Lefty Gomez Community Center • (510) 799-7592 • rodeoctr@gmail.com
Contra Costa County Rental Facility • For Additional Support contact: 925-313-2000
ATTACHEMENT 1
Page 8 of 8
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Transfers
1. All requests to transfer the date of use must be made in writing at least 7 days prior to the original requested date of use.
2. Fees for transfers are based on the following time frame:
a.One transfer date can be requested up to 61 days before the original requested date of use, free
of charge.
b.A date transfer requested 31-60 days prior to the original requested date of use will be charged a Transfer Fee of $50. Payment must be made by cashier’s check, money order or cash.
c.A date transfer requested 15-30 days prior to the original requested date of use will be charged a Transfer Fee of $75. Payment must be made by cashier’s check, money order or cash.
d.No transfers will be accepted 14 days prior to the original requested date of use.
Attachment 2
Montarabay Community Center • (510) 724-1434 • Montarabay@gmail.com
Lefty Gomez Community Center • (510) 799-7592 • rodeoctr@gmail.com
Contra Costa County Rental Facility • For Additional Support contact: 925-313-2000
G:\spdist\Board Orders\2019\11-12-2019\Montarabay Fee Increases\MontaraBay Community Center Rental Rates Fees Permit Insurance Req with
sms comments FINAL.doc
Montarabay Community Center Rental Rates, Fees,
Permit and Insurance Requirements
Effective Date:
FACILITY RENTAL RATES
This fee schedule is based on an hourly use with minimum 4 hour rental occupancy. Rental on Fridays,
Saturdays and Sundays may be any consecutive 4 hour block between the hours of 8 a.m. to 10:00 p.m.
All members of the rental party must be vacated by 10:00 p.m.
Fees
Main Hall (non-resident) Hourly rate of $85/ hour, minimum 4 hour rental or $340
Main Hall (resident*) Hourly rate of $65/ hour, minimum 4 hour rental or $260
Kitchen $50
Alcoholic Beverages
(Staff processing fee of $50 does not include liability insurance or California Department of ABC fees) $50
Restrooms only ($100 cleaning/damage deposit mandatory) $100
Ballfield (local youth organization) $15 per hour
Ballfield (adult) $25 per hour
Ballfield Lights $15 per hour
Meeting (3 hours maximum, Monday-Thursday only) Resident $50 per session
Non- Resident $65 per session
*Residency: An individual or group is entitled to resident rates if the primary place of residence of the
individual, or office of the group, is located within County Service Area M-17 (Bayview Park, Tara Hills,
and Montalvin Manor). All others will be charged the non-resident fee. Acceptable forms of proof of
residency include: a valid state issued identification card and a current utility bill including service address.
Examples of utility bills include: water, PG&E and/or cable.
ACCEPTABLE METHODS OF PAYMENT
Payments may be accepted at the facility in the f orm of cashier check, money order, or check. Cash
payments are accepted by appointment only at 255 Glacier Drive, Martinez CA.
SECURITY FEE
A security guard is required to be on the premises throughout the entirety of all rentals per the Community
Center Rules and Regulations.
Security guard fee (non-holiday) Prevailing Wage
Security guard fee (holiday*) Prevailing Wage
*Holidays include the following: Martin Luther King Jr. Day, President’s Day, Memorial Day, July 4 th,
Veteran’s Day, Labor Day, Thanksgiving Weekend, Christmas Eve, Christmas Day, New Year’s Eve, and
New Year’s Day.
COMMUNITY CENTER STAFF FEE
Community Center staff is required to open and close the facility for all rentals $35 per rental
If Community Center staff is required to open the facility on additional occurrences during the rental
period, additional fees will be applied accordingly and may be deducted from the deposit.
CLEANING/DAMAGE DEPOSIT
Deposits paid 31 days or more prior to the requested date of use;
no alcoholic beverages served or sold $200
Deposits paid 15-30 days or less prior to the requested date of use; no alcoholic beverages served or sold $400
Attachment 2
Montarabay Community Center • (510) 724-1434 • Montarabay@gmail.com
Lefty Gomez Community Center • (510) 799-7592 • rodeoctr@gmail.com
Contra Costa County Rental Facility • For Additional Support contact: 925-313-2000
G:\spdist\Board Orders\2019\11-12-2019\Montarabay Fee Increases\MontaraBay Community Center Rental Rates Fees Permit Insurance Req with
sms comments FINAL.doc
ALCOHOL DEPOSIT
Deposits whenever alcoholic beverages will be served or sold $200
NOISE DISTURBANCE DEPOSIT
Required for all rentals. This deposit will not be returned if there are complaints of public disturbance.
Noise disturbance will be determined at the discretion of Community Center Facility Coordinator. $200
FOOD PERMIT/FEES
A renter intending to sell or serve food to the general public must obtain a Temporary Food Event Permit
from the Contra Costa County Environmental Health Division of the County Health Services Department.
The renter must submit an application packet, together with associated fees to the Environmental Health
Division at least 30 days before the event. If the renter fails to obtain a Temporary Food Event Permit
within the specified time, the renter will not be allowed to provide food to the publi c.
LIABILITY INSURANCE
Renters, at their sole cost and expense, must secure liability insurance in the amount of one million
dollars naming the County of Contra Costa as an additional insured. If the renter desires to obtain liability
insurance through the County’ special events coverage program, the renter must submit an application for
insurance no less than thirty (30) days prior to event date. The County will forward the renter’s application
for insurance to its insurance broker, who will attempt to place the insurance in the renter’s name.
Whether insurance is obtained through the County’s special events coverage program or otherwise, all
renters must submit a Certificate of Liability Insurance evidencing the purchase of the required insurance
to the Community Center Director at least 30 days prior to the date of the rental. If the renter fails to
submit a Certificate of Liability Insurance within the specified time, the rental will be cancelled
In addition to liability insurance, all renters inte nding to sell alcoholic beverages are required to obtain, at
their sole cost and expense, a Special Day License from the California Department of Alcoholic Beverage
Control (ABC) or use a caterer that has a current alcohol beverage license from the Departm ent of ABC.
Renters must submit a copy of the Special Day License or the caterer’s current ABC license to the
Community Center Director at least 30 days prior to the date of the rental. If the renter fails to submit a
copy of the Special Day License or the caterer’s current ABC license within the specified time, the
renter and/or caterer will not be allowed to sell alcohol during the rental.
Attachment 3
Liability Insurance Requirements for Facility Rentals
MonTaraBay Community Center • (510) 724-1434
Lefty Gomez Community Center •(510) 799-7592
Contra Costa County Rental Facility • For Additional Support contact: 925-313-2000
Insurance is required for rentals of all Contra Costa County Facilities and Baseball Fields. A
certificate of insurance is acceptable as evidence of insurance.
Certificates will not be processed without a contact name and phone number, as well as a
business description, so we may determine liability coverage.
Requirements for All
1. Certificate must be signed by the insurance company's authorized representative.
2. Contra Costa County, 255 Glacier Drive, Martinez, CA 94553, must be listed as the
Certificate Holder.
3. Certificate Holder (Contra Costa County) must be named as Additional Insured.
4. Business contact name and phone number are required on certificate.
Also indicate on certificate the event name, location, and date.
5. Certificates can be submitted via U.S. mail, email or dropped off during facility office
hours. It is your responsibility to contact the Facility Coordinator to confirm receipt of
the certificate.
6. Minimum general liability insurance requirements are $1,000,000.00 per occurrence.
MonTaraBay Community Center Lefty Gomez Community Center
MonTaraBay@gmail.com RodeoCtr@gmail.com
2250 Tara Hills Drive 470 Parker Avenue
San Pablo CA 94806 Rodeo CA 94572
If you need assistance obtaining insurance for your event, you may apply to Contra Costa County.
Associated fees are indicated below. Please provide 14-30 days for processing.
Please complete
Name of Party Facility Renting
Date(s) of Rental Average Daily Attendance
Will Alcohol be
served
Total Amount
of Insurance
Cost
Associated Fees:
Facility Ballfield
MonTaraBay $173.00* $310.00*
Lefty Gomez $141.00* $310.00*
*Insurance costs are bates on current market rates and subject to change January 1 of each calendar year. These rates are approximate and may be
adjusted based on the number of rental days and average attendance. Rates quoted are per day of use.
RECOMMENDATION(S):
FIX December 17, 2019, at 9:30 a.m., as the date and time for a hearing to consider adopting Resolution
No. 2019/639 to approve increases in rental fees effective December 18, 2019, revised rental agreement
documents, and new insurance requirements for the Montarabay Community Center, as recommended by
the Public Works Director, San Pablo area. (District I)
DIRECT the Clerk of the Board of Supervisors to cause a notice of public hearing to be published in
accordance with Government Code Sections 6062a and 66018.
FISCAL IMPACT:
100% County Service Area (CSA) M-17 Funds.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
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: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Slava Gospodchikov - Engineering Services , Carl Roner- Special Districts, Rochelle Johnson - Special Districts, Victoria Skerritt, Special Districts
C. 14
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director/Chief Engineer
Date:November 12, 2019
Contra
Costa
County
Subject:FIX the proposed revision rental documents for the use of the Montarabay Community Center, San Pablo area.
BACKGROUND:
Staff analyzed the costs related to the use of Montarabay Community Center facilities and found that
expenses for maintenance and operations related to rental use, exceed revenue from rental income.
Increased maintenance costs, higher energy costs, and equipment replacement costs all contribute to
depleting Montarabay Community Center’s reserves.
Staff anticipates that improvements for greater accessibility and deferred maintenance expenses will
exceed revenues. Accessibility expenses include Americans with Disabilities Act (ADA) improvements
to make the parking lot accessible, including the addition of ADA parking stalls, striping and signage.
Deferred building maintenance expenses include interior painting, floor covering, and chair and table
replacements to maintain an acceptable appearance for rental of the Center. Roof repairs and exterior
painting are also needed.
On March 23, 1999, the Board approved fee increases and revisions to the Rules and Regulations for use
of the Montarabay Community Center. There have been no changes to the Community Center Rules and
Regulations, increase in rental fees, and inclusion of insurance requirements during the past 20 years.
Staff surveyed other community centers and learned that the Montarabay Community Center fees are
below the fees charged by other facilities for similar services. Staff recommends that the Board of
Supervisors hold a hearing to consider approving the increase in rental fees, effective December 18,
2019, (Attachment 2) to enable staff to make the needed improvements discussed above and adequately
maintain the facilities.
Staff also recommends that the Board approve changes to the Community Center Rules and Regulations
in order to limit the County’s liability exposure and to protect the facilities from damage. Rules and
regulations changes include; a requirement that renters obtain a food permit from the County
Environmental Health Division of the County Health Services Department when selling or serving food
to the general public; a requirement that renters obtain a license from the California Department of
Alcoholic Beverage Control (ABC) when a renter intends to sell alcohol; all renters obtain insurance
with coverage of $1,000,000; and a specific prohibition against the use of inflatable jumpers.
CONSEQUENCE OF NEGATIVE ACTION:
If the hearing is not held, the Board of Supervisors will not be able to consider increases in the
community center rental fees. Rental revenue at the current rates make it difficult for County Service
Area M-17 to generate enough revenue to pay for maintenance of the Montarabay Community Center
building, grounds and equipment. Increased rental fees will help provide the revenue needed to make
necessary improvements, adequately maintain the rental facilities, and support staffing a Facility
Coordinator at the site.
ATTACHMENTS
Attachment 1 - Proposed Rules & Regulations
Attachment 2 - Proposed Rate Increase
Attachment 3 - Proposed Insurance Requirements
Montarabay Community Center • (510) 724-1434 • Montarabay@gmail.com
Lefty Gomez Community Center • (510) 799-7592 • rodeoctr@gmail.com
Contra Costa County Rental Facility • For Additional Support contact: 925 -313-2000
G:\spdist\Board Orders\2019\11-12-2019\Lefty Gomez Fee Increases\Community Center Rules and Regulations 2018 with sms comments FINAL.docx
ATTACHMENT 1
Page 1 of 8
Contra Costa County
Community Center
Rules and Regulations
Effective Date:
Thank you for selecting a Contra Costa Recreational Facility to host your event. Please review all rental
documents carefully to better understand your rental requirements. The renter is solely responsible for ensuring
that the renter and the renter’s guests comply with all of the following rules and regulations throughout the rental
period.
FACILITY RENTAL OCCUPANCY
The maximum occupancy for Montarabay Community Center is 112 people, and the maximum occupancy for Lefty
Gomez Community Center is 60 people.
GENERAL REGULATIONS
1. A renter may use only those facilities or equipment specifically designated on the “Application for Use.”
2. The renter shall procure, at the renter’s own cost and expense, all permits and licenses required for the intended
use or activity.
3. If Contra Costa County staff or law enforcement determine that a ny person or persons are engaging in any
activity that constitutes a public nuisance or criminal activity, County staff or law enforcement, at their
discretion, may require the person or persons to leave, immediately cancel the renter’s event, and/or require
the renter to forfeit all fees and security and cleaning deposits. The Contra Costa County Sheriff’s Office may
be contacted to support patron ejection and document any such nuisance or criminal activity.
4. Contra Costa County personnel shall have the right to enter the facility at all times during the rental period.
5. The renter will be held responsible for any loss or damage caused by the renter’s guests or anyone performing
any services at the facility at th e renter’s direction.
6. Community Center staff are not responsible for setting up and/or taking down the tables and chairs. This is the
responsibility of the renter and must be completed during the rental period.
7. The renter shall ensure that a ll deliveries are scheduled during the rental period.
8. The renter shall ensure that no vehicles are driven or parked on the patio, walkways, or sidewalks.
9. The volume of sound audible outside the facility must not interfere with the public’s right to the quiet enjoyment of
the surrounding area.
Montarabay Community Center • (510) 724-1434 • Montarabay@gmail.com
Lefty Gomez Community Center • (510) 799-7592 • rodeoctr@gmail.com
Contra Costa County Rental Facility • For Additional Support contact: 925 -313-2000
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ATTACHMENT 1
Page 2 of 8
a. Music that is not amplified may be played outdoors at the facility.
b. Amplified music may be played indoors only.
c. Any violation of this Section 9 may result in immediate termination of the event and forfeiture of all fees and
security and cleaning.
10. The renter must notify the County at least one business day before the start of a rental period of any changes
to the rental period (i.e., rental period beginning and/or ending times ) and any changes to the intended use of
the facility during the rental period. Changes are subject to staff availability and subject to additional charges.
11. If Community Center staff determine that the renter has misrepresented information on the rental application,
Community Center staff, at their discretion, may immediately terminate the event , which will result in forfeiture
of the renter’s fees and security and cleaning deposits. Misrepresentation includes, but is not limited to: 1)
misrepresenting the type of activity; 2) misrepresenting residency of the renter; 3) exceeding the capacity of the
facility; 4) misrepresenting if alcohol will be served or sold; and 5) misrepresenting the number and/or age group
of the renter’s guests
12. The Public Works Director, or designee, will determine whether the renter will need to retain security guards
for the duration of the renter’s event. This decision is based on the type of event and the number of
participants in attendance. If a renter is required to have security guards on duty during an event, security
guards will be hired by the Community Center Facility Coordinator. The renter must include with their deposit
an amount sufficient to cover the Community Center Facility Coordinator’s estimat e of the costs for security
guards, If the actual costs for security guards exceeds the estimated amount, the difference will be deducted
from the security and cleaning deposits, and any amount that exceed those deposits will be charged to the
renter. The Community Center Facility Coordinator or security officers may request the assistance of the
Contra Costa County Sheriff’s Office at any time to prevent abuse of privileges and to enforce the Rules and
Regulations. Staff, security officers, or Sheriff’s officers may terminate any activity that poses a threat to the
safety of the participants, staff, security officers, the facility , or the public. If the Sheriff’s Office is called by
Community Center Facility Coordinator or security, the event will be cancelled and the all fees and security
and cleaning deposits will be forfeited. The renter shall be responsible for paying all response costs charged by
the Sheriff’s Office
Montarabay Community Center • (510) 724-1434 • Montarabay@gmail.com
Lefty Gomez Community Center • (510) 799-7592 • rodeoctr@gmail.com
Contra Costa County Rental Facility • For Additional Support contact: 925 -313-2000
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ATTACHMENT 1
Page 3 of 8
13. The security deposit may be composed of the cleaning/damage deposit, noise deposit, and alcohol deposit.
RULES REGARDING THE USE OF THE FACILITY
The consumption of alcoholic beverages is not allowed anywhere outside of the facility.
1. Smoking is prohibited both indoors and outdoors at County facilities and parks. This includes traditional
cigarettes, e-cigarettes/vaping and marijuana use.
2. Rice, confetti or similar materials are not allowed inside or outside the facility. A violation of this rule will result in
a $25 penalty.
3. Masking tape and scotch tape are the only adhesives allowed to be used to secure decorations. The renter
is responsible for removing all tape before the end of the rental period.
4. Adhesive, nails screws, tacks, staples and other similar materials are not permitted to be used in the facility.
All materials used to decorate the facility must be fire retardant. Exits, emergency exit signs, fire
extinguishers, fire extinguisher and equipment cabinets, smoke detectors, and fire sprinklers must not be
covered or obstructed. All decorations must be removed from the site before the end of the rental.
5. No equipment may be removed from the facility without prior approval of the Community Center staff.
6. Only Community Center staff are authorized to operate the heating system. There is no air conditioning system.
Please plan accordingly.
7. Any equipment or furnishings moved during the rental period must be returned to the original positions and
locations.
8. The facility must be left in a clean and orderly condition, in accordance with the Community Center Cleaning
Guidelines. You will be given a copy of the Community Center Cleaning Guidelines when you reserve the facility.
Your signature on the “Application for Use” indicates that you have read and agree to comply with the
Community Center Cleaning Guidelines.
9. Additional charges may be assessed against the renter resulting from the use of the facility beyond the time
specified, damage to the facility, or additional services in the nature of janitorial or maintenance work which may
be required due to the use of the facility. The determination of the assessment of the additional charges will be
at the sole discretion of the Community Center Facility Coordinator.
10. The renter of the facility will be held responsible for any loss or damage to the property caused during the rental
period. The renter is required to pay the cost of repairing or replacing the damaged or lost property, in
accordance with the Cleaning Guidelines.
11. The kitchen is not equipped with dishes or utensils.
Montarabay Community Center • (510) 724-1434 • Montarabay@gmail.com
Lefty Gomez Community Center • (510) 799-7592 • rodeoctr@gmail.com
Contra Costa County Rental Facility • For Additional Support contact: 925 -313-2000
G:\spdist\Board Orders\2019\11-12-2019\Lefty Gomez Fee Increases\Community Center Rules and Regulations 2018 with sms comments FINAL.docx
ATTACHMENT 1
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12. The use of helium filled balloons is allowed. However, should any remaining balloons cause the facility's alarm
system to be triggered after the event, a $50 false alarm charge will be deducted from the security deposit.
13. Inflatable jumpers or bounce houses are not permitted.
YOUTH GROUPS
1. Groups composed of minors (persons 18 years or younger) must be supervised by one (1) adult (25 years
of age or older) for each ten (10) minor children, and at least one adult (25 years of age or older) must be
present at all times while minors are using the facility.
2. The “Application for Use” must be completed by the adult parent supervising the rental, who shall be the
“renter” for the purposes of the rental and these rules and regulations . The names and telephone numbers
of all adults supervising children must be submitted to the Community Center Facility Coordinator no later than
fourteen (14) days prior to the start of the rental period.
3. Failure to submit names and telephones numbers 14 days prior to the use of the facility may result in
cancellation of the rental and forfeiture of all fees and deposits.
4. Persons under the age of 21 are not allowed to consume alcoholic beverages at any time .
5. Failure of the renter to be present, or for one adult (persons 25 years of age or older) for every 10 children
to be present (with a minimum of one adult present), at all times during the rental period shall, at the sole
discretion of the Community Center Facility Coordinator, result in immediate termin ation of the rental and
forfeiture of all fees and deposits.
LIABILITY INSURANCE
A renter is required to comply with the “Liability Insurance Requirements for Facility Rentals” included as a part of the “Application
for Use.”
CERTIFICATION, INDEMNIFICATION & RELEASE
The renter’s signature on the “Community Center Application for Use” certifies all of the following: (1) that the
renter has received and read these “Community Center Rules and Regulation s,” the “Community Center Rental
Rates, Permits, and Insurance Requirements,” the “Community Center Renter Cleaning Guidelines, and the
“Liability Insurance Requirements for Facility Rentals” (the “Rental Documents”); (2) that the renter agree to be
solely responsible for ensuring that the facilities and surrounding property are used in accordance with the
requirements included in the Rental Documents; and (3) that, if there are any minors present during the rental
period, the renter will be fully responsible for them throughout the rental period.
Montarabay Community Center • (510) 724-1434 • Montarabay@gmail.com
Lefty Gomez Community Center • (510) 799-7592 • rodeoctr@gmail.com
Contra Costa County Rental Facility • For Additional Support contact: 925 -313-2000
G:\spdist\Board Orders\2019\11-12-2019\Lefty Gomez Fee Increases\Community Center Rules and Regulations 2018 with sms comments FINAL.docx
ATTACHMENT 1
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The renter’s signature on the “Community Center Application for Use” also constitutes the renter’s agreement to
the following indemnification requirement:
Effective upon the Contra Costa County’s approval of renter’s “Application for Use,” and in consideration for that
approval, renter hereby agrees to defend, indemnify and hold harmless Contra Costa County, its officers,
officials, employees, agents, volunteers, successors, and assigns (“Indemnitees”) from and against any and all
claims, suits, actions, damages and causes of action, including for any personal injury, bodily injury, loss of life,
damage to any property, violation of any federal, state or local law or ordinance and for costs, attorney’s fees, or
any other liability whatsoever directly or indirectly arising out of or resulting in any way from the occupancy or use
of the facility by the renter and/or the renter’s invitees, officers, officials, employees, volunteers, contractors
and/or subcontractors except as may arise from the sole and active negligence of any of the Indemnitees. If the
renter is acting on behalf of an organization, corporation, limited liability company, or partnership, the renter’s
signature on the “Community Center Application for Use” certifies that the renter is authorized to act on behalf of
that entity and bind the entity to the terms of the “Community Center Application for Use.” The requirements in
this paragraph shall survive the rental period.
The renter’s signature on the “Community Center Application for Use” also constitutes the renter’s agreement to
the following release from liability:
Effective upon Contra Costa County’s approval of renter’s “Community Center Application for Use,” and in
consideration for that approval, the renter hereby releases and d ischarges the Indemnitees from any and all
claims, demands, causes of action, obligations, damages, and liabilities, which the renter now has or could assert
in any manner related to or arising from the condition of the facility or the property surrounding the facility, the
suitability of the facility, the terms and conditions of the rental of the facility, any direct, indirect, incidental, or
consequential damages that the renter incurs as a result of the termination of the rental before or during the
rental period for any reason. The renter knowingly waives the right to make any claim against the Indemnitees
for such damages and expressly waives all rights provided by section 1542 of the California Civil Code, which
provides as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Montarabay Community Center • (510) 724-1434 • Montarabay@gmail.com
Lefty Gomez Community Center • (510) 799-7592 • rodeoctr@gmail.com
Contra Costa County Rental Facility • For Additional Support contact: 925 -313-2000
G:\spdist\Board Orders\2019\11-12-2019\Lefty Gomez Fee Increases\Community Center Rules and Regulations 2018 with sms comments FINAL.docx
ATTACHMENT 1
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If the renter is acting on behalf of an organization, corporation, limited liability company, or partnership, the
renter’s signature on the “Community Center Application for Use” certifies that the renter is authorized to act on
behalf of that entity and bind the entity to the terms of the “Community Center Application for Use.” The
requirements in this paragraph shall survive the rental period.
RESIDENCY VERIFICATION
To qualify for residency rates, an applicant must verify that the applicant’s primary place of residence
is located within County Service Area R-10 (Rodeo) for Lefty Gomez Community Center, or within
County Service Area M-17 (Bayview Park, Tara Hills, and Montalvin Manor) for Montarabay
Community Center. To establish residency, at the time of application the renter must show
Community Center staff a valid state issued identification card or driver’s license showing the
residential address AND a current utility bill (water, garbage, or PG&E) showing the renter’s name
and a service address that matches the address on the identification card or driver’s license .
MISREPRESENTATION
If the County Public Works staff learns that the renter has provided false information in the application
the County Public Works Director or designee reserves the right to cancel the rental and retain all
payments and deposits received.
TERMINATION BY CONTRA COSTA COUNTY
The County of Contra Costa Public Works Director or designee reserves the absolute right at any time prior to
or during the renter’s use of the facilities, to cancel the reservation and to terminate this agreement in the event
of an emergency, casualty, physical damage to the facility, or other occurrence that the Contra Costa County
Public Works Director determines, in his/her sole discretion, that said occurrence renders the facilities unsuitable
or unsafe for use, or requires the facilities to be used for emergency purposes. Such occurrences include, without
limitation, any of the following:
1. Fire, flood, earthquake, weather damage, or other casualty causing physical damage to the facilities.
2. The making of improvements, alterations or repairs required by law or otherwise necessary to put or maintain
the facilities in a safe and fully functional condition, including unexpected delays in the co mpletion of such
repairs, improvements, or alterations.
3. Fire, flood, earthquake, weather damage, or other casualty creating an emergency situation on property other
than the County premises for coordination of emergency relief efforts or for housing storage.
4. Power failure, restrictive governmental laws or regulations, riots, insurrections, wars or other causes beyond the
Montarabay Community Center • (510) 724-1434 • Montarabay@gmail.com
Lefty Gomez Community Center • (510) 799-7592 • rodeoctr@gmail.com
Contra Costa County Rental Facility • For Additional Support contact: 925 -313-2000
G:\spdist\Board Orders\2019\11-12-2019\Lefty Gomez Fee Increases\Community Center Rules and Regulations 2018 with sms comments FINAL.docx
ATTACHMENT 1
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County's reasonable control which render the facilities unfit or unsafe for their intended use.
In the event that a reservation and this agreement are terminated for any reason, including any termination under
this provision, the County, its officers, employees, and agents shall not be responsible or liable for any direct,
indirect, incidental or consequential damages that the renter incurs as a result of such termination.
RESERVATIONS, CANCELLATIONS, & TRANSFERS
Reservations
1. Reservations can be made up to six (6 ) months in advance, but not less than 30 days before the requested date of use (event).
2. Fees paid 30 days or more prior to the requested date of use, may be paid via check, money order or cashier’s check. Cash payments are accepted by appointment only at 255 Glacier Drive, Martinez CA 94553.
3. Fees paid 14-30 days prior to the requested date of use may only be paid via money order, or cashier’s check.
4. Reservations are not considered confirmed until the cleaning/damage deposit is paid in full. Payment of the cleaning/damage deposit must be made a minimum of thirty (30) days prior to the requested date of use.
5. The renter requesting use of the facility must submit the “Application for Use” in person.
6. The "Application for Use” must be signed by a responsible adult, who is at least 21 years of age.
7. No reservations will be taken on a continuous year-to-year basis.
8. Future reservations by any individual or group will not be accepted until all outstanding bills from prior uses have been paid in full.
9. Contra Costa County reserves the right to re -schedule or cancel any rental without liability. Refunds will be made accordingly to the applicant.
10. All facility rentals are subject to staff availability.
Cancellations
1. All CANCELLATIONS MUST BE DONE IN WRITING BY THE PERSON WHO MADE THE RESERVATION.
a.All written cancellations notices must be submitted to the appropriate email address listed at the
bottom of this page.
2. A cancellation fee of $50.00 is charged for all cancellations.
3. Refunds of the security deposits, rental fees and security fee are based on the following time frame:
a.100% of the deposit, rental fee and security fee will be returned if notification is given 60 days prior to the requested date of use.
b.50% of the deposit, rental fee and security fee will be returned if notification is given from 59 days up to 31 days prior to the requested date of use.
c.Renters who cancel their original requested date of use 30 days or less before the event, or who fail to give written notice of cancellation, will forfeit the entire security deposit, all rental fees and security fees.
d.Renters who are required to obtain a food permit, liability Insurance, and/or a license from the California Department of Alcoholic Beverage Control and are unable to satisfy any of those requirements, may still rent the facility, but will not be allowed to serve food to the public and/or sell/serve alcohol.
Montarabay Community Center • (510) 724-1434 • Montarabay@gmail.com
Lefty Gomez Community Center • (510) 799-7592 • rodeoctr@gmail.com
Contra Costa County Rental Facility • For Additional Support contact: 925 -313-2000
G:\spdist\Board Orders\2019\11-12-2019\Lefty Gomez Fee Increases\Community Center Rules and Regulations 2018 with sms comments FINAL.docx
ATTACHMENT 1
Page 8 of 8
Transfers
1. All requests to transfer the date of use must be made in writing at least 7 days prior to the original requested date of use.
2. Fees for transfers are based on the following time frame:
a.One transfer date can be requested up to 61 days before the original requested date of use, free
of charge.
b.A date transfer requested 31-60 days prior to the original requested date of use will be charged a
Transfer Fee of $50. Payment must be made by cashier’s check, money order or cash.
c.A date transfer requested 15-30 days prior to the original requested date of use will be charged a Transfer Fee of $75. Payment must be made by cashier’s check, money order or cash.
d.No transfers will be accepted 14 days prior to the original requested date of use.
Attachment 2
MonTaraBay Community Center • (510) 724-1434
Lefty Gomez Community Center • (510) 799-7592
Contra Costa County Rental Facility • For Additional Support contact: (925)313-2000
G:\spdist\Board Orders\2019\11-12-2019\Lefty Gomez Fee Increases\Lefty Gomez Community Center Rental Rates Fees Permit Insurance Req with sms comments FINAL.doc
Lefty Gomez Community Center Rental Rates, Fees,
Permit and Insurance Requirements
Effective Date:
FACILITY RENTAL RATES
This fee schedule is based on an hourly use with minimum 4 hour rental occupancy. Rental on Fridays,
Saturdays and Sundays may be any consecutive 4 hour block between the hours of 8:00 a.m. to
10:00 p.m. All rented facilities must be vacated by 10:00 p.m.
Fees
Recreation Center (non-resident) $65 per hour
Recreation Center (resident*) $50 per hour
Kitchen $ 35
Alcoholic Bev erages (staff processing fee of $50 does not include liability insurance or Department of ABC fees) $ 50
Restrooms only ($100 clean/damage deposit mandatory) $ 75
Ballfield (local youth organization) $15 per hour
Ballfield (adult) $25 per hour
Ballfield Lights $10 per hour
Tennis Court Lights $10 per hour
Tennis Court Nets per court $10 per hour
Meeting (Includes Community Center and Restroom Only, 3 hours maximum, Monday-Thursday only)
Resident $50 per meeting
Non-Resident $65 per meeting
*Residency: An individual or group is entitled to resident rates if the primary place of residence of the
individual, or office of the group, is located within County Service Area R -10 in Rodeo. All others will be
charged the non-resident fee. Acceptable forms of proof of residency include: a valid state issued
identification card and a current utility bill including service address. Examples of utility bills include:
water, PG&E and/or cable.
ACCEPTABLE METHODS OF PAYMENT
Payments may be accepted at the facility in the form of cashier check, money order, or check. Cash
payments are accepted by appointment only at 255 Glacier Drive, Martinez CA.
SECURITY FEE
A security guard is required to be on the premises throughout the entirety of all rentals per the Community
Center Rules and Regulations.
Security guard fee (non-holiday) Prevailing Wage
Security guard fee (holiday*) Prevailing Wage
*Holidays include the following: Martin Luther King Jr. Day, President’s Day, Memorial Day, July 4 th,
Veteran’s Day, Labor Day, Thanksgiving Weekend, Christmas Eve, Christmas Day, New Year’s Eve, and
New Year’s Day.
COMMUNITY CENTER STAFF FEE
Community Center staff is required to open and close the facility for all rentals $35 per rental
If Community Center staff is required to open the facility on additional occurrences, the fee will be applied
accordingly.
CLEANING/DAMAGE DEPOSIT
Deposits paid 31 days or more prior to the requested date of use;
no alcoholic beverages served or sold $200
Deposits paid 15-30 days or less prior to the requested date of use; no alcoholic beverages served or sold $400
ALCOHOL DEPOSIT
Deposits whenever alcoholic beverages will be served or sold $200
Attachment 2
MonTaraBay Community Center • (510) 724-1434
Lefty Gomez Community Center • (510) 799-7592
Contra Costa County Rental Facility • For Additional Support contact: (925)313-2000
G:\spdist\Board Orders\2019\11-12-2019\Lefty Gomez Fee Increases\Lefty Gomez Community Center Rental Rates Fees Permit Insurance Req with sms comments FINAL.doc
NOISE DISTURBANCE DEPOSIT
Required for all rentals. This deposit will not be returned if there are complaints of public disturbance.
This will be determined at the discretion of Community Center Facility Coordinator. $200
FOOD PERMIT/FEES
A renter intending to sell or serve food to the general public must obtain a Temporary Food Event Permit
from the Contra Costa County Environmental Health Division of the County Health Services Department.
The renter must submit an application packet, together with associated fees to the Environmental Health
Division at least 30 days before the event. If the renter fails to obtain a Temporary Food Event Permit
within the specified time, the renter will not be allowed to provide food to the public.
LIABILITY INSURANCE
Renters, at their sole cost and expense, must secure liability insurance in the amount of one million
dollars naming the County of Contra Costa as an additional insured. If the renter desires to obtain liability
insurance through the County’ special events coverage program, the renter must submit an application for
insurance no less than thirty (30) days prior to event date. The County will forward the renter’s application
for insurance to its insurance broker, who will attempt to place the insurance in the renter’s name.
Whether insurance is obtained through the County’s special events cov erage program or otherwise, all
renters must submit a Certificate of Liability Insurance evidencing the purchase of the required insurance
to the Community Center Director at least 30 days prior to the date of the rental. If the renter fails to
submit a Certificate of Liability Insurance within the specified time, the renter will be cancelled.
In addition to liability insurance, all renters intending to sell alcoholic beverages are required to obtain, at
their sole cost and expense, a Special Day License from the California Department of Alcoholic Beverage
Control (ABC) or use a caterer that has a current alcohol beverage license from the ABC. Renters must
submit a copy of the Special Day License or the caterer’s current ABC license to the Community Center
Facility Coordinator at least 30 days prior to the date of the rental. If the renter fails to submit a copy of
the Special Day License or the caterer’s current ABC license within the specified time, the renter
and/or caterer will not be allowed to sell alcohol during the rental.
Attachment 3
Liability Insurance Requirements for Facility Rentals
MonTaraBay Community Center • (510) 724-1434
Lefty Gomez Community Center •(510) 799-7592
Contra Costa County Rental Facility • For Additional Support contact: 925-313-2000
Insurance is required for rentals of all Contra Costa County Facilities and Baseball Fields. A
certificate of insurance is acceptable as evidence of insurance.
Certificates will not be processed without a contact name and phone number, as well as a
business description, so we may determine liability coverage.
Requirements for All
1. Certificate must be signed by the insurance company's authorized representative.
2. Contra Costa County, 255 Glacier Drive, Martinez, CA 94553, must be listed as the
Certificate Holder.
3. Certificate Holder (Contra Costa County) must be named as Additional Insured.
4. Business contact name and phone number are required on certificate.
Also indicate on certificate the event name, location, and date.
5. Certificates can be submitted via U.S. mail, email or dropped off during facility office
hours. It is your responsibility to contact the Facility Coordinator to confirm receipt of
the certificate.
6. Minimum general liability insurance requirements are $1,000,000.00 per occurrence.
MonTaraBay Community Center Lefty Gomez Community Center
MonTaraBay@gmail.com RodeoCtr@gmail.com
2250 Tara Hills Drive 470 Parker Avenue
San Pablo CA 94806 Rodeo CA 94572
If you need assistance obtaining insurance for your event, you may apply to Contra Costa County.
Associated fees are indicated below. Please provide 14-30 days for processing.
Please complete
Name of Party Facility Renting
Date(s) of Rental Average Daily Attendance
Will Alcohol be
served
Total Amount
of Insurance
Cost
Associated Fees:
Facility Ballfield
MonTaraBay $173.00* $310.00*
Lefty Gomez $141.00* $310.00*
*Insurance costs are bates on current market rates and subject to change January 1 of each calendar year. These rates are approximate and may be
adjusted based on the number of rental days and average attendance. Rates quoted are per day of use.
RECOMMENDATION(S):
APPOINT Dr. Michelle Hernandez to the Community #4 seat on the Advisory Council on Equal
Employment Opportunity with a term expiring November 30, 2021.
FISCAL IMPACT:
None
BACKGROUND:
The Advisory Council for Equal Employment Opportunity (ACEEO) was established in July 1991 to serve
as an advisory committee to the Board of Supervisors regarding the implementation of the County's
Affirmative Action Plan. The Council is composed of 13 members. Their goal is to review the Affirmative
Action Program and recommend actions to facilitate attainment of the County's goal for affirmative action.
In 2013, the Internal Operations Committee (IOC) reviewed Board Resolution No. 2011/497 and 2011/498,
which stipulated that applicants for At Large/Non Agency-Specific seats on specified bodies are to be
interviewed by a Board subcommittee. The Resolutions further permit a Board Committee to select a
screening committee to assist in interviewing applicants for appointment to certain bodies, including the
ACEEO. The Board's Hiring Outreach Oversight Committee reviews nominations to all Council seats
except those designated for County managers and labor unions. Terms of office for seats reviewed by the
Board Committee are three years in duration.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V Supervisor
Contact: Affirmative Action Officer,
925-335-1455
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of
the Board of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 15
To:Board of Supervisors
From:HIRING OUTREACH OVERSIGHT COMMITTEE
Date:November 12, 2019
Contra
Costa
County
Subject:Appoint Dr. Michelle Hernandez to the Advisory Council on Equal Employment Opportunity
CONSEQUENCE OF NEGATIVE ACTION:
Inaction or negative action may hinder the ability of the ACEEO to provide unbiased relevant
information to the County if the committee is not representative of the communities we serve.
ATTACHMENTS
Dr. Hernandez Application
Submit Date: Jun 17, 2019
First Name Middle Initial Last Name
Home Address Suite or Apt
City State Postal Code
Primary Phone
Email Address
Name of College Attended
Degree Type / Course of Study / Major
Name of College Attended
Degree Type / Course of Study / Major
Contra Costa County Boards & Commissions
Application Form
Profile
Which supervisorial district do you live in?
District 4
Education
Select the option that applies to your high school education *
High School Proficiency Certificate
College/ University A
Awarded?
College/ University B
Dr. Michelle R.Hernandez
drmhernandez11@gmail.com
Dr. Michelle R. Hernandez Page 1 of 4
Name of College Attended
Degree Type / Course of Study / Major
Course Studied
Hours Completed
Seat Name
If you have attended, how many meetings have you
attended?
Degree Awarded?
College/ University C
Degree Awarded?
Yes No
Other schools / training completed:
Certificate Awarded?
Yes No
Board and Interest
Which Boards would you like to apply for?
Equal Employment Opportunity Advisory Council: Submitted
Affordable Housing Finance Committee: Submitted
Advisory Council on Aging: Submitted
Arts & Culture Commission: Submitted
Mental Health Commission: Submitted
Merit Board: Submitted
Commission for Women: Submitted
Workforce Development Board: Submitted
Racial Justice Task Force: Submitted
Racial Justice Oversight Body: Submitted
Have you ever attended a meeting of the advisory board for which you are applying?
Yes No
Dr. Michelle R. Hernandez Page 2 of 4
Upload a Resume
Please explain why you would like to serve on this particular board, commitee, or
commission.
As a mental health professional it is essential that the services within our community be representative of
our demographics, culture, and inclusiveness .
Qualifications and Volunteer Experience
I would like to be considered for appointment to other advisory boards for which I may be
qualified.
Yes No
Are you currently or have you ever been appointed to a Contra Costa County advisory
board, commission, or committee?
Yes No
List any volunteer or cummunity experience, including any advisory boards on which you
have served.
IHSS Public Authority Advisory Committee
Describe your qualifications for this appointment. (NOTE: you may also include a copy of
your resume with this application)
Dr. Michelle Hernández
Conflict of Interest and Certification
Do you have a Familial or Financial Relationship with a member of the Board of
Supervisors?
If Yes, please identify the nature of the relationship:
Do you have any financial relationships with the County such as grants, contracts, or other
economic relations?
If Yes, please identify the nature of the relationship:
Dr. Michelle R. Hernandez Page 3 of 4
Please Agree with the Following Statement
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
undersand that all information in this application is publicly accessible. I understand that
misstatements and/or omissions of material fact may cause forfeiture of my rights to serve
on a board, committee, or commission in Contra Costa County.
I Agree
Dr. Michelle R. Hernandez Page 4 of 4
1
Dr. Michelle R. Hernandez
5462 Roundtree Dr. Apt. A
Concord, California 94521
(925) 759-8613
drmhernandez11@gmail.com
Education: March 25, 2019
2011 Alliant International University
California School of Professional Psychology, San Francisco, Ca.
Doctor of Philosophy in Clinical Psychology
2006 University of California, Berkeley Extension, Berkeley, Ca.
Certificate of Achievement in the Study of Loss and Grief
2002 John F. Kennedy University, Orinda, Ca.
Master of Arts in Counseling Psychology: Specialization in Somatic Psychology
1998 California State University, Hayward, Ca.
Bachelor of Science in Criminal Justice Administration: Specialization in Law
Enforcement
1996 University of California, Davis, Ca.
Bachelor of Arts in Psychology
Professional Work Experience:
2014-Present National Disability Advocate
Travels giving presentations on a myriad of topics related to
disability. Subjects include but are not limited to: Physical ,
learning , cognitive, and psychiatric disabilities. Uses interactive
and experiential exercises to engage the specific audience.
Material is enhanced by the use of digital media and design, along
with audio and visual aids. All the while focusing on the relevance
of current events through social media.
2012-2013 Psychological Services Center, Oakland, Ca.:
Outreach Coordinator
Used public relations skills to promote awareness of mental health
2
issues in Alameda County. Worked directly with members of the
community to educate people and explain the importance of mental
health aspects within the elderly, disabled, and underrepresented
minority groups. Implemented support groups in various senior
centers in and surrounding Oakland, California. Collaborated with
foster youth services by appointing doctoral students to serve as
liaisons by providing psycho-educational groups to the youth.
Contracted with Center for Independent Living, Berkeley,
California, and provided mental health counseling to the homeless,
severely disabled, deaf, and psychiatric population.
2011-2012 Psychological Services Center, Oakland, Ca.:
2 nd Half-Time Post-doctoral Intern (CAPIC Accredited)
Psychodiagnostic assessor and therapist in adult outpatient mental
health clinic. Curriculum developer for “Wellness Strategies” at
Center for Independent Living, Berkeley.
Client population served includes low SES adults in an ethnically
diverse environment, the geriatric population, and the physically
disabled.
Duties include psychological assessment of parents in forensic
settings, report writing, making recommendations to Child Protective
Services, treatment planning and implementation, psychotherapy,
DSM-IV-TR diagnoses, progress reports, termination, presentations,
and didactic training participation, as well as co-leading a Support
Group for the Physically Disabled.
Theoretical orientation: psychodynamic.
2010-2011 Psychological Services Center, Oakland, Ca.:
1 st Half-Time Pre-doctoral Intern (CAPIC Accredited)
Psychodiagnostic assessor and therapist in adult outpatient mental
health clinic. Teacher of ‘Life Strategies for Seniors’ at the Center
for Elder Independence in Oakland, Ca.
Client population served includes low SES adults in an ethnically
diverse environment, the geriatric population, and the physically
disabled.
Duties include psychological assessment of parents in forensic
3
settings, report writing, making recommendations to Child Protective
Services, treatment planning and implementation, psychotherapy,
DSM-IV-TR diagnoses, progress reports, termination, presentations,
and didactic training participation, as well as co-leading a
Support Group for the Physically Disabled.
Theoretical orientation: psychodynamic.
2009-2010 Psychological Services Center, Oakland, Ca.:
1st Half-Time Pre-doctoral Intern (CAPIC Accredited)
Psychodiagnostic assessor and therapist in adult outpatient mental
health clinic.
Client population served includes low SES adults in an ethnically
diverse environment.
Duties include psychological assessment of parent/s in forensic
settings, report writing, making recommendations to Child Protective
Services, treatment planning and implementation, psychotherapy,
DSM-IV-TR diagnoses, progress reports, termination, presentations,
and didactic training participation, as well as co-leading a Support
Group for the Physically Disabled.
Theoretical orientation: psychodynamic.
2007-2009 Contra Costa Crisis Center inWalnut Creek, Ca.:
Grief Counselor serving individual clients as well as co-facilitator of
a support group for widow and widowers and a support group for
survivors who have lost a loved one in their family.
2007-2008 Los Medanos College in Pittsburg, Ca.:
Mentor for The Puente Program: Focus is on assisting and
advocating for the Latino population to transfer to a four- year
university and attain higher education.
2006-2007 New Directions Counseling Center in Concord, Ca.:
Therapist Intern serving disadvantaged clients:
Medi-Cal, Court- Mandated, and Victims of Crime specifically.
Center closed in December of 2007.
2004-2005 Center for Independent Living in Berkeley, Ca.:
English and Spanish counseling populations.
4
Co-facilitator of support group for individuals with physical
disabilities.
Supervised a San Francisco State University psychology intern
student.
Experience in reporting and writing various reports including but not
limited to Child Protective Services, General Assistance, and Social
Security Disability.
2003-2004 The United States Department of Veterans Affairs
Readjustment Counseling Service
Concord Vet Center, Concord Ca.
PhD Intern serving clients with Post Traumatic Stress Disorder
and/or Sexual Trauma Victims.
Assessment competency in administering the Clinician Administered
PTSD scale for DSM IV.
Competency in writing Social Security Disability Reports.
2001-2002 John F. Kennedy University Community Counseling Center
Pleasant Hill, Ca.
Counseling Trainee: 500+ hours of counseling experience.
Member of Evaluation Committee: completing intakes; assessing
appropriateness for the center, and making referrals.
Facilitator of support group for individuals with physical disabilities
and/or terminal illness.
Professional Training:
Present –
2019 - Latina Leadership Network of the California Community Colleges
Presented Workshop, “ Owning Your Authenticity “
2019 San Francisco State University
Presented Workshop. “ Let’s Meet at the Intersection “
2017 Pacific Rim Conference “ Culture and Disability”
5
2011 Disability Training: How to Counsel Clients with Physical Disabilities:
Psychological Services Center, Oakland, Ca.
2010 - Counseling the Disabled within the Community: A Holistic Perspective UC
Berkeley Extension; School of Education. San Francisco, Ca.
2010 -Disability Training: Physical & Learning Disabilities from a Mental Health _
Perspective: Alameda Family Services, Alameda, Ca.
2009- Continuing Education Instructor: ‘Wounded Warriors: Helping Returning _
Veterans Achieve Higher Education’: Alliant International University, San
Francisco, Ca.
2008- Guest Speaker on ‘Disability and Equal Access to Community College’: Alliant
International University, San Francisco, Ca.
2008- Guest Speaker on ‘Disability and Equal Access to Elementary Education’:
Chabot College, Fremont, Ca.
2008- Effective Teaching: Alliant International University, San Francisco, Ca.
2007- Disability, Families, and Law: Alliant International University, San Francisco, Ca.
2007- Neuropsychology: Alliant International University, San Francisco, Ca.
2006- Orientation- Pre Release Counselor for San Quentin Prison
2006- Grief Support: After a Sudden Death: UC Berkeley Extension, Berkeley, Ca.
2006- Spiritual Issues in Aging, Illness and Death: UC Berkeley Extension,Berkeley, Ca.
2005- Introduction to Loss and Grief Issues: UC Berkeley Extension, Berkeley, Ca.
2004- National Center for PTSD: Veterans Administration, Menlo Park, Ca.
2004- Psychopharmacology: Alliant International University, San Francisco, Ca.
2004- Poster Presentation- ‘Intrusiveness in mother-child relationships when the child
has a physical disability’: Alliant International University, Alameda, Ca.
2004- Child Custody, Mediation, and Evaluation: Alliant International University,
Alameda, Ca.
Awards and Honors:
6
2016 Los Medanos College Keynote Speaker Disability Success
2008 - 2009 Honorary Recipient of the CSPP Mental Health Services Act Fellowship.
2010 Featured Exclusive Article in “The Voice of Alliant”
Boards and Commissions:
2018
Board of Directors
Independent Living Resource of Contra Costa County
2017 Contra Costa County - IHSS Public Authority Advisory Committee
Hand in Hand - Domestic Workers Alliance
2017 Christopher & Dana Reeves Foundation
2015 Board of Directors
Easy Does It Berkeley, Ca.
2015 Council Member
Metropolitan Transportation Commission
Policy Advisory Council
2013 Arthritis Foundation
Ambassador
2010 - 2016 Commissioner
City of Oakland: Mayor’s Commission on People with Disabilities
Affiliations:
➢ Latina Leadership Network
➢ California Psychological Association
➢ American Psychological Association
Division 22 Rehabilitation Counseling
➢ Division 35 Society for the
Psychology of Women\
Alameda County Psychological Association
7
➢ Contra Costa Psychological Association
➢ Society for Disability Studies
➢ Sacramento Valley Psychological Association
➢ California Latino Psychology Association
➢ San Francisco Psychology Association
References:
❖ Dr. Nina Ghiselli Alliant International University
(415) 955-2100 Director- Disabled Student Services
One Beach St. Suite 100
San Francisco, Ca. 94133
❖ Dr. Elizabeth Milnes Psychological Services Center
(510) 628-9065 519 17th St. Suite 210
Oakland, Ca.94612
❖ Dr. Terry Meyers Psychological Services Center
(510) 628-9065 519 17th St. Suite 210
Oakland, Ca. 94612
❖ Dr. Dalia Ducker Alliant International University
(415) 955-2100 Professor
One Beach St. Suite 100
San Francisco, Ca. 94133
❖ Dr. Michael Rubino Rafa Counseling Assoc.
(925) 827-9876 101 Gregory Ln # 33
Pleasant Hill, Ca. 94520
Bill Fox L.C.S.W Kaiser Permanente
(925) 372-1868 Manager- Behavioral Health
200 Muir Road
Martinez, Ca. 94553
❖ Marco Godinez M.A. Puente Counselor – Los Medanos College
8
(925) 439-2181 2700 East Leland Rd.
Pittsburg, Ca. 94565
* Letters of recommendation upon request
RECOMMENDATION(S):
ACCEPT resignation of Dr. Aaron Bryant, and DECLARE a vacancy in Community Member #2 seat on
the Advisory Council on Equal Employment Opportunity, as recommended by the Advisory Council on
Equal Employment Opportunity.
FISCAL IMPACT:
None
BACKGROUND:
The Advisory Council on Equal Employment Opportunity (ACEEO) was established in July 1991 to serve
as an advisory committee to the Board of Supervisors regarding the implementation of the County's
Affirmative Action Plan. Their goal was to review the Affirmative Action Program and recommend actions
to facilitate attainment of the County's goal for affirmative action. The Council is composed of 13
members, and a Board committee reviews nominations to all seats except those designated for County
managers and labor unions. Terms of office for seats reviewed by the Board Committee are three years.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V Supervisor
Contact: Affirmative Action Officer,
925-335-1455
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of
the Board of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 16
To:Board of Supervisors
From:David Twa, County Administrator
Date:November 12, 2019
Contra
Costa
County
Subject:Resignation from the Advisory Committee on Equal Employment Opportunity
BACKGROUND: (CONT'D)
In 2013, the Internal Operations Committee (IOC) reviewed Board Resolution No. 2011/497 and 2011/498,
which stipulated that applicants for At Large/Non Agency-Specific seats on specified bodies are to be
interviewed by a Board subcommittee. The Resolutions further permit a Board Committee to select a
screening committee to assist in interviewing applicants for appointment to certain bodies, including the
ACEEO.
CONSEQUENCE OF NEGATIVE ACTION:
Inaction or negative action may hinder the ACEEO in diversifying its membership, which will have a
negative impact in fulfilling our mission.
RECOMMENDATION(S):
ADOPT a position of support for the Urban Libraries Council's Statement on Equitable Public Access to
E-Books, as recommended by the County Librarian Melinda Cervantes.
FISCAL IMPACT:
There is no fiscal impact from this action of advocacy.
BACKGROUND:
On October 21, 2019 the Urban Libraries Council requested support from cities and counties for a statement
to demonstrate support for public libraries in the fight for fair and equitable e-book pricing and access.
According to the County Librarian, Melinda Cervantes, "Libraries may only purchase one copy per library
during the first 8 weeks of new ebook/audiobook releases. The Library profession has taken the position
that this negatively impacts the public’s access to information and limits access to only those who can
afford to purchase ebooks. This is only the beginning of what could take hold with other ebook and
downloadable audiobooks. Our ebook/audiobook circulation is rapidly growing and we are planning to
significantly increase purchasing this year."
Since there is no policy or principle in the County's adopted State Legislative Platform related to this
matter, and the October 30 deadline for signing on to the statement provided insufficient time for Board of
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V
Supervisor
Contact: L. DeLaney,
925-335-1097
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 17
To:Board of Supervisors
From:David Twa, County Administrator
Date:November 12, 2019
Contra
Costa
County
Subject:Support for Urban Libraries Council Statement on Equitable Public Access to E-Books
BACKGROUND: (CONT'D)
Supervisors consideration, the Chair of the Board utilized the "Urgency Action Protocol" adopted by the
Board in 2008 (C.33, 4/22/08) to sign on to the statement. The Urgency Action Protocol provides
authorization for the Chair of the Board to communicate a position prior to Board action, on his own
letterhead, provided the Board takes action at its next meeting.
The statement signed by Chair Gioia is Attachment A.
ATTACHMENTS
Attachment A: Statement on Equitable Public Access to E-Books
1 Email: John_Gioia@bos.cccounty.us ● Website: www.cocobos.org/gioia
EAST RICHMOND HEIGHTS ◊ EL CERRITO ◊ EL SOBRANTE ◊ KENSINGTON ◊ MONTALVIN MANOR
NORTH RICHMOND ◊ PINOLE ◊ RICHMOND ◊ ROLLINGWOOD ◊ SAN PABLO ◊ TARA HILLS
October 30, 2019
Curtis Rogers,
Director of Communications Urban Libraries Council
1333 H Street, NW Suite 1000 West
Washington, DC 20005
Dear Mr. Rogers,
Major publishers have introduced severe restrictions to e-book and e-audiobook lending
for public libraries, includ ing embargoes on the sales of new titles and unreasonably high
prices, which far exceed the prices offered for print books. As a result, libraries will be
unable to fulfill their core functions in building educated, literate communities. These
restrictions will be most harmful for populations who already face significant barriers to
equitable knowledge and information access in our communities –including youth,
people living with disabilities and those with limited financial means.
Public libraries play an essential role in leveling the playing field and strengthening the
foundation of our communities. As digital technologies become increasingly inseparable
from the ways that people learn, work and interact, the library’s unique ability to create
onramps for information and knowledge access is more important than ever. There is
significant, rising demand for e-books and e-audiobooks from public library users –
overall, digital content circulation is increasing by 30% per year.
As elected public officials and trusted leaders in our communities, we are committed to
protecting and supporting the capacity of public libraries to:
• Provide equal access for individuals to gain knowledge and become proficient
with digital tools, regardless of their income, physical abilities, age, gender,
sexual orientation, race, citizenship status or religion.
• Support lifelong learning and foster empathy, curiosity, civic engagement and a
love of reading among community members.
• Educate community members about the rights, responsib ilities and implications of
their lives online, including data privacy risks when accessing online learning
resources and digital content.
• Serve as valued partners to local government in advancing city/county outcomes
for digital inclusion and as institutions that support informed citizens.
Our cities and counties are strongest when all individuals have the same opportunities to
further their personal, educational and professional goals. Our democracy is non-
negotiable.
John Gioia (say “Joy-a”)
Chair, Contra Costa County
Board of Supervisors
Contra
Costa
County
11780 San Pablo Avenue, Suite D
El Cerrito, CA 94530
Phone: (510) 231-8686
Fax: (510) 374-3429
Attachment A
2 Email: John_Gioia@bos.cccounty.us ● Website: www.cocobos.org/gioia
EAST RICHMOND HEIGHTS ◊ EL CERRITO ◊ EL SOBRANTE ◊ KENSINGTON ◊ MONTALVIN MANOR
NORTH RICHMOND ◊ PINOLE ◊ RICHMOND ◊ ROLLINGWOOD ◊ SAN PABLO ◊ TARA HILLS
We stand with all who are urging e-book and e-audiobook publishers to institute fair,
transparent and flexible lending models for public libraries.
Very Truly Yours,
John Gioia, Chair
Contra Costa County Board of Supervisors
Attachment A
RECOMMENDATION(S):
ADOPT Position Adjustment Resolution No. 22531 to cancel one (1) vacant permanent full-time
Information Systems Programmer IV (LPNB) position # 15 at Salary Plan and Grade ZA5-1787 ($7,493.65
- $10,042.20) and add one (1) permanent full-time Sr. Business Analyst (LTVJ) (represented) position at
Salary Plan and Grade ZB5 1787 ($7,493.65-$10,042.20);
ADOPT Position Adjustment Resolution No. 22530 to cancel one (1) vacant permanent full-time Network
Manager (LBHA) (represented) position # 61 at Salary Plan and Grade ZA5-1884 ($8,249.06 - $11,054.53)
and add one (1) permanent full-time Information Systems Manager I (LTNA) (represented) position at
Salary Plan and Grade ZA5-1884 ($8,249.06-$11,054.53);
ADOPT Position Adjustment Resolution No. 22529 to cancel one (1) vacant permanent full-time
Supervising Accountant (SAHJ) (represented) position # 12859 at Salary Plan and Grade ZA5-1703
($6,895.61 - $8,381.65) and add one (1) permanent full-time Administrative Services Assistant III (APTA)
(represented) position at Salary Plan and Grade ZB5-1631 ($6,421.13-$7,804.93) in the Department of
Information Technology .
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V
Supervisor
Contact: Marc Shorr
925-608-4071
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Jessica Butterfield
C. 18
To:Board of Supervisors
From:Marc Shorr, Chief Information Officer
Date:November 12, 2019
Contra
Costa
County
Subject:Cancel and add multiple positions within the Department of Information Technology
FISCAL IMPACT:
This action would result in an annual cost decrease of $5,622. All costs are charged out to users.
BACKGROUND:
The Department of Information Technology (DoIT) is continuing its transformation to be more
responsive in meeting the needs of our customers. As we move toward achieving this goal a significant
element is the need to adjust the organizational structure. This realignment and reassignment of
resources is critical to ensure DoIT is more efficient and agile in delivering services; broadens the
breadth and depth of IT skills and resources for innovation; and adds functions currently missing in
DoIT.
With this position realignment DoIT will be able to focus on IT Governance/Policy;
Contracts/Grants/Vendor Management; Project Management; Staff Development and Retention; Legacy
System replacement and Disaster Recovery.
CONSEQUENCE OF NEGATIVE ACTION:
If this request is not approved, DoIT will continue to operate in its current state, which will impact
project delivery for current and future county wide projects; service delivery for daily operations; and
limit DoIT’s ability to be an innovative partner to County Departments.
CHILDREN'S IMPACT STATEMENT:
No negative impact on children.
AGENDA ATTACHMENTS
AIR 39555 P300 22529
AIR 39555 P300 22531
AIR 39555 P300 22530
MINUTES ATTACHMENTS
Signed P300 22529
Signed P300 22530
Signed P300 22531
POSITION ADJUSTMENT REQUEST
NO. 22529
DATE 9/25/2019
Department No./
Department Department of Information Technology Budget Unit No. 0147 Org No. 1050 Agency No. 03
Action Requested: Cancel one (1) vacant permanent full -time Supervising Accountant (SAHJ) position # 12859 at salary plan
and grade level ZA5-1703 ($6,895.61-$8,381.65) from Department # 0147 Org # 1050. (Represented) Add one (1) permanent
full-time Administrative Services Assistant III (APTA) position at salary plan and grade level ZB5 -1631 ($6,421.13-$7,804.93)
to Department # 0147 Org # 1050. (Represented)
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 ($5,622.00) Net County Cost $0.00
Total this FY ($4,685.00) N.C.C. this FY $0.00
SOURCE OF FUNDING TO OFFSET ADJUSTMENT Cost Savings
Department must initiate necessary adjustment and submit to CAO.
Use additional sheet for further explanations or comments.
Marc Shorr
______________________________________
(for) Department Head
REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT
L.Strobel 9/25/2019
___________________________________ ________________
Deputy County Admini strator Date
HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 10/15/2019
Cancel one (1) vacant permanent full -time Supervising Accountant (SAHJ) (represented) position # 12859. Add one (1)
permanent full-time Administrative Services Assistant III (AP TA) (represented) position.
Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule.
Effective: Day following Board Action.
(Date) Elizabeth Loud 10/15/2019
___________________________________ ________________
(for) Director of Human Res ources 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 11/4/2019 No.
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
POSITION ADJUSTMENT REQUEST
NO. 22531
DATE 9/25/2019
Department No./
Department Department of Information Technology Budget Unit No. 0147 Org No. 1065 Agency No. 03
Action Requested: Cancel one (1) vacant permanent full -time Information Systems Programmer IV (LPNB) position # 15 at
salary plan and grade level ZA5-1787 ($7,493.65-$10,042.20) from Department # 0147 Org # 1065. (Represented) Add one
(1) permanent full-time Sr. Business Analyst (LTVJ) position at salary plan and grade level ZB5 -1787 ($7,493.65-$10,042.20)
to Department # 0147 Org # 1065. (Represe nted)
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 $0.00 Net County Cost $0.00
Total this FY $0.00 N.C.C. this FY $0.00
SOURCE OF FUNDING TO OFFSET ADJUSTMENT Cost Neutral
Department must initiate necessary adjustment and submit to CAO.
Use additional sheet for further explanations or comments.
Marc Shorr
______________________________________
(for) Department Head
REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT
L.Strobel 9/25/2019
___________________________________ ________________
Deputy County Admini strator Date
HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 10/15/2019
Cancel one (1) vacant permanent full -time Information Systems Programmer IV (LPNB) (represented), position # 15. Add one
(1) permanent full-time Sr. Business Analyst (LTVJ) (represented).
Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule.
Effective: Day following Board Action.
(Date) Elizabeth Loud 10/15/2019
___________________________________ ________________
(for) Director of Human Res ources 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 11/4/2019 No.
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
POSITION ADJUSTMENT REQUEST
NO. 22530
DATE 9/25/2019
Department No./
Department Department of Information Technology Budget Unit No. 0147 Org No. 1075 Agency No. 03
Action Requested: Cancel one (1) vacant permanent full -time Network Manager (LBHA) position # 61 at salary plan and
grade level ZA5-1884 ($8,249.06-$11,054.53) from Department # 0147 Org # 1075. (Represented) Add one (1) permanent
full-time Information Systems Manager I (LTNA) position at salary plan and grade level ZA5 -1884 ($8,249.06-$11,054.53) to
Department # 0147 Org # 1075. (Represented)
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 $0.00 Net County Cost $0.00
Total this FY $0.00 N.C.C. this FY $0.00
SOURCE OF FUNDING TO OFFSET ADJUSTMENT Cost Neutral
Department must initiate necessary adjustment and submit to CAO.
Use additional sheet for further explanations or comments.
Marc Shorr
______________________________________
(for) Department Head
REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT
L.Strobel 9/25/2019
___________________________________ ________________
Deputy County Admini strator Date
HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 10/15/2019
Cancel one (1) vacant permanent full -time Network Manager (LBHA) (represented) position # 61. Add one (1) permanent full-
time Information Systems Manager I (LTNA) (represented) position.
Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule.
Effective: Day following Board Action.
(Date) Elizabeth Loud 10/15/2019
___________________________________ ________________
(for) Director of Human Res ources 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 11/4/2019 No.
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. 22542 to add one (1) Administrative Services Assistant III
(APTA) (represented) at Salary Plan and Grade ZB5 1631 ($6,421.13 - 7,804.93) and one (1) Intermediate
Clerk-Project (99J3) (represented) at Salary Plan and Grade QH5 0946 ($3,357.87- 4,081.51) to the
Employment and Human Services Department, Community Services Bureau.
FISCAL IMPACT:
Upon approval of these positions personnel costs will increase by $204,115. This will also result in
additional retirement costs of $39,030. Costs for the Administrative Services Assistant III (ASA III) will be
entirely State funded and the Intermediate Clerk-Project will be funded by 56% Federal and 44% State
revenues. The California Department of Education has notified the Community Services Bureau of
increased California Alternative Payment Program revenue. Authorization to amend this revenue contract
and complimentary appropriation adjustments will be submitted in separate Board actions.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V
Supervisor
Contact: Michelle Fregoso,
925-608-5025
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Michelle Fregoso
C. 19
To:Board of Supervisors
From:Kathy Gallagher, Employment & Human Services Director
Date:November 12, 2019
Contra
Costa
County
Subject:Add One ASA III and One Intermediate Clerk-Project to the Community Services Bureau of Employment and Human
Services Department
BACKGROUND:
The Community Services Bureau (CSB) CalWORKS Stage II Childcare Program and California
Alternative Payment Program (CAPP) administers subsidized childcare through a vendor approach,
providing full or partial payments for child care of eligible families. These programs are designed to
maximize parental choice in selecting childcare. Parents may select childcare services from licensed
centers and preschools, licensed family childcare homes, or licensed-exempt providers. The CalWORKS
Stage II Child Care program assists parents who are in receipt of or have received CalWORKS cash
assistance within the last twenty-four (24) months and the CAPP program assists families referred by
Children and Family Services and some low-income families. Both of these programs support families in
their childcare decisions and make timely payments to their chosen childcare providers.
Between the two programs, approximately 1,000 children from the ages zero to thirteen are enrolled
throughout Contra Costa County. Over the past five years, there has been and increase demand for
services from families in need of childcare provider services. The additional staff requested will allow
CSB to deliver services to the families and children of Contra Costa County and manage the increases in
caseloads in these programs. The ASA III will oversee the administration operations of CalWORKS
Stage II/CAPP unit. The ASA III will be responsible for interpreting rules and regulations, updating
policies, preparing reports related to the programs for agency, and general oversight of quality of
services provided to the families and children served. The Intermediate Clerk-Project will provide the
clerical support needed to maintain the day-to-day operations of both programs through collecting
documentation needed for program enrollment, data entry, answering phones, and other general
administrative duties.
CONSEQUENCE OF NEGATIVE ACTION:
If the action is not approved, the Community Services Bureau CalWORKS Stage II and CAPP programs
will not have sufficient staff to provide quality services and manage the increased caseload of the
families and children seeking services in Contra Costa County.
CHILDREN'S IMPACT STATEMENT:
This action will support four of the five Contra Costa County's community outcomes – Outcome 1:
Children Ready for and Succeeding in School; Outcome 2: Children and Youth Healthy and Preparing
for Productive Adulthood; Outcome 3: Families that are Economically Self-Sufficient; Outcome 4:
Families that are Safe, Stable and Nurturing
AGENDA ATTACHMENTS
AIR 39560_P300 22542_Add ASA III and Intermediate Clerk _BOS 11.12.19
MINUTES ATTACHMENTS
Signed P300 22542
POSITION ADJUSTMENT REQUEST
NO. 22542
DATE 9/20/2019
Department No./
Department Employment and Human Services Budget Unit No. 0588 Org No. 1874 Agency No. A19
Action Requested: Add one (1) Administrative Services Assistant III (APTA) (represented) and one (1) Intermediate Clerk -
Project (99J3) (represented) to the Community Services Bureau of Employment & Human Services Department.
Proposed Effective Dat e: 10/9/2019
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 $204,115.00 Net County Cost $0.00
Total this FY $136,077.00 N.C.C. this FY $0.00
SOURCE OF FUNDING TO OFFSET ADJUSTMENT ASAIII 100% STATE; Interm.Clerk -Project 56% FED 44% S
Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments.
Michelle Fregoso 925-608-5025
______________________________________
(for) Department Head
REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT
Julia Taylor 10/9/2019
___________________________________ ________________
Deputy County Administrator Date
HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 10/28/2019
Add one (1) Administrative Services Assistant III (APTA) (represented) at salary pla n and grade ZB5 1631 ($6,421.13-
7,804.93) and one (1) Intermediate Clerk -Project (99J3) (represented) at salary plan and grade QH5 0946 ($3,357.87 -
4,081.51) to the Community Services Bureau of Employment and Human Services Department.
Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule.
Effective: Day following Board Action.
(Date) Amanda Monson 10/28/2019
___________________________________ ________________
(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 10/28/2019 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. politic al 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 D epartment, 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. 22527 to add one (1) permanent full-time Network
Administrator I (LNSA) (represented) position at Salary Plan and Grade ZA5 1694 ($6,834.43-$8,307.29)
(represented) in the Department of Information Technology.
FISCAL IMPACT:
The annual impact is $135,560 including $25,111 in pension costs. DoIT charges for all services and these
charges include revenue generated from non-general fund departments and other public agencies.
BACKGROUND:
The Department of Information Technology (DoIT) is continuing its transformation to be more responsive
in meeting the needs of our customers. As we move toward achieving this goal a significant element is the
need to adjust the organizational structure. This realignment and reassignment of resources is critical to
ensure DoIT is more efficient and agile in delivering services; broadens the breadth and depth of IT skills
and resources for innovation; and supports the
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V
Supervisor
Contact: Marc Shorr
925-608-4071
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 20
To:Board of Supervisors
From:Marc Shorr, Chief Information Officer
Date:November 12, 2019
Contra
Costa
County
Subject:Add one Network Administrator I position within the Department of Information Technology
BACKGROUND: (CONT'D)
recommendations of the Grand Jury Report (May 2018) by adding functions currently missing in DoIT.
The Network Administrator position is being added to address needs being specifically requested by
user departments.
CONSEQUENCE OF NEGATIVE ACTION:
If this request is not approved, DoIT will continue to operate in its current state, which will impact
project delivery for current and future county wide projects; service delivery for daily operations; and
limit DoIT’s ability to be an innovative partner to County Departments.
CHILDREN'S IMPACT STATEMENT:
No impact to children.
AGENDA ATTACHMENTS
AIR 39828 P300 22527
MINUTES ATTACHMENTS
Signed P300 22527
POSITION ADJUSTMENT REQUEST
NO. 22527
DATE 9/25/2019
Department No./
Department Department of Information Technology Budget Unit No. 0147 Org No. 1070 Agency No. 03
Action Requested: Add one (1) permanent full-time Network Administrator I (LNSA) at salary plan and grade level ZA5-1694
($6,834.43-$8,307.29) to Department # 0147 Org # 1070. (Represented).
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 $135,560.00 Net County Cost $0.00
Total this FY $112,967.00 N.C.C. this FY $0.00
SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% User Fees
Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments.
Marc Shorr
______________________________________
(for) Department Head
REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT
L.Strobel 9/25/2019
___________________________________ ________________
Deputy County Admini strator Date
HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 10/16/2019
Add one (1) permanent full-time Network Administrator I (LNSA).
Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule.
Effective: Day following Board Action.
(Date) Elizabeth Loud 10/16/2019
___________________________________ ________________
(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 11/4/2019 No.
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. 25528 to cancel one (1) vacant permanent full-time
Accountant I (SAWA) (represented) position #13033 at Salary Plan and Grade ZB5 1332 ($4,775 -$
5,805) and add one (1) permanent full-time Account Clerk Supervisor (JDHD) (represented) position
at Salary Plan and Grade level K6X 1340 ($4,801 $6,131) in the Department of Information
Technology.
FISCAL IMPACT:
The action will result in a minimal annual cost increase of $496. DoIT charges for all services and these
charges include revenue generated from non-general fund departments and other public agencies.
BACKGROUND:
The Department of Information Technology (DoIT) is continuing its transformation to be more responsive
in meeting the needs
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V
Supervisor
Contact: Marc Shorr
925-608-4071
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Jessica Butterfield
C. 21
To:Board of Supervisors
From:Marc Shorr, Chief Information Officer
Date:November 12, 2019
Contra
Costa
County
Subject:Cancel and add a position within the Department of Information Technology
BACKGROUND: (CONT'D)
of our customers. As we move toward achieving this goal a significant element is the need to adjust the
organizational structure. This realignment and reassignment of resources is critical to ensure DoIT is
more efficient and agile in delivering services; broadens the breadth and depth of IT skills and resources
for innovation; and supports the recommendations of the Grand Jury Report (May 2018) by adding
functions currently missing in DoIT.
This action will allow the department to more appropriately address staffing needs in the finance
division.
CONSEQUENCE OF NEGATIVE ACTION:
If this request is not approved, DoIT will continue to operate in its current state, which will impact
project delivery for current and future county wide projects; service delivery for daily operations; and
limit DoIT’s ability to be an innovative partner to County Departments.
CHILDREN'S IMPACT STATEMENT:
No direct impact on children.
AGENDA ATTACHMENTS
AIR 39832 P300 22528
MINUTES ATTACHMENTS
Signed P300 25528
POSITION ADJUSTMENT REQUEST
NO. 22528
DATE 9/25/2019
Department No./
Department Department of Information Technology Budget Unit No. 0147 Org No. 1050 Agency No. 03
Action Requested: Cancel one (1) vacant permanent full -time Accountant I (SAWA) position #13033 at salary plan and grade
level ZB5-1332 ($4,775-$5,805) from Department #0147 Org # 1050. (Represented) Add one (1) permanent full -time Account
Clerk Supervisor (JDHD) position at salary plan and grade level K6X-1340 ($4,801-$6,131) to Department # 0147 Org # 1050.
(Represented)
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 $496.00 Net County Cost $0.00
Total this FY $413.00 N.C.C. this FY $0.00
SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% User Fees
Department must initiate necessary adjustment and submit to CAO.
Use additional sheet for further explanations or comments.
Marc Shorr
______________________________________
(for) Department Head
REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT
L.Strobel 9/25/2019
___________________________________ ________________
Deputy County Admini strator Date
HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 10/16/2019
Cancel one (1) vacant permanent full -time Accountant I (SAWA) position #13033. Add one (1) permanent full -time Account
Clerk Supervisor (JDHD) position.
Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule.
Effective: Day following Board Action.
(Date) Elizabeth Loud 10/16/2019
___________________________________ ________________
(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 11/4/2019 No.
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. 22549, effective December 1, 2019, reallocating the salary of
the exempt classification of County Finance Director - Exempt (ADB6) (unrepresented) from a seven (7) to
an eight (8) step class by adding a five (5) percent merit step to the top of the range, as recommended by the
County Administrator.
FISCAL IMPACT:
This action has a current year fiscal impact of approximately $11,000. The estimated annual cost of the
reallocation is $19,000. The additional cost is within the budget for the Department of the County
Administrator.
BACKGROUND:
The attached resolution reallocates the salary of the classification of County Finance Director - Exempt by
adding a five percent (5%) step to the top of the range.
CONSEQUENCE OF NEGATIVE ACTION:
The County could be detrimentally impacted by the potential loss of highly-trained personnel.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V Supervisor
Contact: Dianne Dinsmore, Human Resources
Director (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: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of
Supervisors
By: June McHuen, Deputy
cc: Dianne Dinsmore, Human Resources Director
C. 22
To:Board of Supervisors
From:David Twa, County Administrator
Date:November 12, 2019
Contra
Costa
County
Subject:Position Adjustment Request No. 22549 - Reallocate Salary Range of County Finance Director-Exempt
AGENDA ATTACHMENTS
P300 22549 County Finance Director Salary
Reallocation
MINUTES ATTACHMENTS
Signed P300 22549
POSITION ADJUSTMENT REQUEST
NO. 22549
DATE 10/22/2019
Department No./
Department County Administrator Budget Unit No. 0003 Org No. 1200 Agency No. A03
Action Request ed: Effective December 1, 2019, reallocate the classification of County Finance Director -Exempt (ADB6) from
7 Steps, Salary Plan and Grade BD5 2566 ($17,855-$23,929) to 8 Steps, Salary Plan and Grade BD5 2566 ($17,855-
$25,125) by adding one 5% merit step to the top of the range.
Proposed Effective Date: 11/1/2020
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 $19,000.00 Net County Cost $19,000.00
Total this FY $11,000.00 N.C.C. this FY $11,000.00
SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% County
Department must initiate necessary adjustment and submit to CAO.
Use additional sheet for further explanations or comments.
______________________________________
(for) Department Head
REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT
Daivd J. Twa, County Administrator 10/2/2009
___________________________________ ________________
Deputy County Administrator Date
HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 10/25/2019
Reallocate the salary of the County Finance Director-Exempt (ADB6) (unrepresented) classification from seven (7) Steps,
Salary Plan and Grade BD5 2566 ($17,855 -$23,929) to eight (8) Steps, Salary Plan and Grade BD5 2566 ($17,855-$25,125)
by adding one 5% merit step to the top of the range.
Amend Resolution 71/17 establis hing positions and resolutions allocating classes to the Basic / Exempt salary schedule.
Effective: Day following Board Action.
12/1/19 (Date) Gladys Scott Reid 10/25/2019
___________________________________ ________________
(for) Director of Human Resources Date
COUNTY ADMINISTRATOR RECOMMENDATION: DATE 11/5/2019
Approve Recommendation of Director of Human Resources
Disapprove Recommendation of Director of Human Resources David Twa
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 11/5/2019 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):
APPROVE and AUTHORIZE the Public Defender, or designee, to accept funding from philanthropic
organizations, in an aggregate amount of $455,000, to support Contra Costa's "Stand Together Contra
Costa" program to support legal services for immigrants residing in Contra Costa County for the fiscal year
of 2019-2020.
FISCAL IMPACT:
The County will receive several one-time grants in an aggregate amount of $455,000. These funds are
contingent on agreement by Contra Costa County to commit $500,000 in County funds to support Stand
Together Contra Costa in the fiscal year 2019/20. The project has an estimated operating cost of $1,255,000
for the fiscal year 2019/20.
BACKGROUND:
On May 9, 2017, as part of the action to adopt the FY 2017/18 Recommended Budget, the Board of
Supervisors referred to the Finance Committee for review and consideration a proposal for funding an
immigrant legal due process and community services program in Contra Costa County.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V
Supervisor
Contact: 9253358019
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc:
C. 23
To:Board of Supervisors
From:Robin Lipetzky, Public Defender
Date:November 12, 2019
Contra
Costa
County
Subject:Philanthropic Funding for Stand Together Contra Costa
BACKGROUND: (CONT'D)
>On September 19, 2017, the Board of Supervisors unanimously voted to establish the project, Stand
Together Contra Costa, and approve $500,000 in County funds to underwrite the project from January 1 -
June 30, 2018 with options to provide $500,000 in County funds annually for two additional one-year terms
(FY 18/19 and FY 19/20), subject to both renewed private funding and satisfactory program
performance.The program successfully launched on March 1, 2018. On July 23, 2019, the Board of
Supervisors voted unanimously to authorize the Contra Costa Office of the Public Defender to enter into a
contract with Catholic Charities of the Diocese of Oakland DBA Catholic Charities of the East Bay for the
period from July 1, 2019 through June 30, 2020. The contract was executed on July 27, 2019.
Projected philanthropic funding includes the following:
Y & H Soda Foundation: $100,000
The San Francisco Foundation: $100,000
The California Endowment: $50,000
East Bay Community Foundation: $105,000
Firedoll Foundation: $50,000
The Wallace E Gerbode Foundation: $50,000
Total philanthropic funding: $455,000
The remainder of the FY 2019/2020 budget for Stand Together Contra Costa ($295,000) is funded through
San Francisco Foundation grants made directly to Catholic Charities of the East Bay for general support of
Stand Together Contra Costa in accordance with the Contract executed on July 27, 2019.
CONSEQUENCE OF NEGATIVE ACTION:
If not approved, the County will not be able to accept the private funds necessary to implement Stand
Together Contra Costa, and immigrants residing in Contra Costa County will lose existing and future
immigration legal services.
RECOMMENDATION(S):
ADOPT Resolution No. 2019/629 to:
1. AUTHORIZE the Department of Conservation and Development Director to apply for, and execute
documents to accept, grant funds from the State of California's Senate Bill 2 (SB 2) Planning Grant
Program (PGP), a non-competitive allocation, in an amount not to exceed $310,000 to fund Department
preparation, adoption, and implementation of plans, activities and programs approved by the State that
streamline housing approvals and accelerate housing production, for the period March 28, 2019 through
June 30, 2022;
2. ACKNOWLEDGE that the County will be subject to the terms and conditions included in the State of
California Agreement (Standard Agreement).
FISCAL IMPACT:
100% State, no County match.This authorization by the Board of Supervisors is for the Department of
Conservation and Development to apply for PGP non-competitive allocation funds from the State. All
programs and activities proposed in the grant application will be funded by the grant.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V
Supervisor
Contact: Kristen Lackey, (925)
674-7793
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc:
C. 24
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:November 12, 2019
Contra
Costa
County
Subject:Authorization to Participate in and Apply for the SB 2 Planning Grants Program Funds
BACKGROUND:
In 2017, Governor Brown signed a 15-bill housing package aimed at addressing the state's housing
shortage and high housing costs. Specifically, it included the Building Home and Jobs Act (SB 2, 2017),
which establishes a $75 recording fee on real estate documents to increase the supply of affordable
homes in California. SB 2 directs the State Department of Housing and Community Development
(HCD) to use 50 percent of the first year's revenue to establish a one-time program to provide financial
assistance to local governments to update planning documents and land use ordinances, to streamline
housing approvals and accelerate housing production, and provide on-going technical assistance to local
governments.
Grant Requirements
To be eligible, local governments must have an adopted housing element found to be in substantial
compliance by HCD and must have submitted the Annual Progress Report for the current year or prior
year to HCD. The County meets this criteria. The proposed activities in the application, which can be
retroactive to March 2019, must demonstrate a nexus to accelerating housing production, and must
demonstrate consistency with State priorities. The PGP guidelines include the following Priority Policy
Areas (PPA) that are automatically deemed to accelerate housing production: rezone to permit by-right,
objective design and development standards, specific plans or form based codes coupled with California
Environmental Quality Act (CEQA) streamlining, accessory dwelling units or other innovative building
strategies, expediting processing, and housing related infrastructure financing and fee reduction
strategies. For non-PPA activities, the County will be required to self-certify their consistency with State
and other planning priorities such as Resources Protection, Affordability, Conservation, etc. The
following are the projects to be included in the application:
General Plan and Zoning Ordinance Update
The Department of Conservation and Development (DCD) is currently working on the General Plan
Update as the current General Plan only covers the period through 2020. This new effort to update the
General Plan is underway and will include a Zoning Ordinance update. The intent is to simplify and
consolidate the general plan and zoning ordinance land use designations and inconsistencies between the
two. The update will address current trends on land use which may also include adaptive policies for
housing development. The grant funds are intended to be applied towards a portion of the General Plan
and Zoning Ordinance update efforts that relate to housing, density analysis, and land use designations.
Completion of the General Plan update is expected by the end of 2020 and the Zoning Ordinance update
is intended to be completed shortly thereafter. The update will provide simplification in the development
potential of sites and streamline the review and approval process.
Accessory Dwelling Unit Ordinance Update
The County's Accessory Dwelling Unit Ordinance update includes activities that will update the existing
Zoning Ordinance to meet the current state law requirements. Implementation of the update effort will
include outreach, fee waivers, and DCD website enhancements.
Software and Electronic Permit Submittal Upgrades (PPA Qualified)
DCD is upgrading the existing electronic software systems in order to implement an electronic permit
submittal system. The SB 2 funds will be applied towards the IT staff time required for the upgrades and
updates to the existing system and joining different systems together to increase public access of
information online, expand electronic application submittals, and commence with online processing of
application and permits by June 2020.
SB 2 Funding Plan (PPA Qualified)
Develop a Funding Plan for anticipated funds generated by SB 2 in year two and beyond. In order to be
eligible to receive future funding, local governments must adopt an HCD approved Funding Plan. The
Funding Plan will outline the use of SB 2 funds including, but not limited to: low-income housing,
moderate-income housing, homelessness programs, local matching funds to leverage State funding
sources, and incentives for permitting new housing. The plan will include a comprehensive approach to
County resources available for the development of affordable housing in the County, and evaluation of
staffing levels necessary to apply for, implement and administer such programs. The County’s Housing
and Community Improvement Division will prepare the Funding Plan with the assistance of a consultant.
CONSEQUENCE OF NEGATIVE ACTION:
Inaction or negative action will prevent the County from receiving non-competitive grant funds up to
$310,000 from the State.
AGENDA ATTACHMENTS
Resolution 2019/629
MINUTES ATTACHMENTS
Signed Resolution No. 2019/629
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 11/12/2019 by the following vote:
AYE:5
John Gioia
Candace Andersen
Diane Burgis
Karen Mitchoff
Federal D. Glover
NO:
ABSENT:
ABSTAIN:
RECUSE:
Resolution No. 2019/629
AUTHORIZING APPLICATION FOR, AND RECEIPT OF, SB 2 PLANNING GRANT PROGRAM FUNDS
WHEREAS, the State of California, Department of Housing and Community Development (Department) has issued a Notice of
Funding Availability (NOFA) dated March 28, 2019, for its Planning Grants Program (PGP); and
WHEREAS, the Board of Supervisors of the County of Contra Costa desires to submit a project application for the PGP program
to accelerate the production of housing and will submit a 2019 PGP grant application as described in the Planning Grants
Program NOFA and SB 2 Planning Grants Program Guidelines released by the Department for the PGP Program; and
WHEREAS, the Department is authorized to provide up to $123 million under the SB 2 Planning Grants Program from the
Building Homes and Jobs Trust Fund for assistance to Counties (as described in Health and Safety Code section 50470 et seq.
(Chapter 364, Statutes of 2017 (SB 2)) related to the PGP Program.
NOW, THEREFORE, THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA RESOLVES AS
FOLLOWS:
SECTION 1. The County Board of Supervisors is hereby authorized and directed to apply for and submit to the Department the
2019 Planning Grants Program application in the amount of $310,000.
SECTION 2. In connection with the PGP grant, if the application is approved by the Department, the Department of
Conservation and Development Director is authorized to enter into, execute, and deliver a State of California Agreement
(Standard Agreement) for the amount of $310,000, and any and all other documents required or deemed necessary or appropriate
to evidence and secure the PGP grant, the County’s obligations related thereto, and all amendments thereto (collectively, the
“PGP Grant Documents”).
SECTION 3. The County shall be subject to the terms and conditions as specified in the Standard Agreement, the SB 2 Planning
Grants Program Guidelines, and any applicable PGP guidelines published by the Department. Funds are to be used for allowable
expenditures as specifically identified in the Standard Agreement. The application in full is incorporated as part of the Standard
Agreement. Any and all activities funded, information provided, and timelines represented in the application will be enforceable
through the executed Standard Agreement. The County Board of Supervisors hereby agrees to use the funds for eligible uses in
the manner presented in the application as approved by the Department and in accordance with the Planning Grants NOFA, the
Planning Grants Program Guidelines, and 2019 Planning Grants Program Application.
SECTION 4. The Department of Conservation and Development Director or designee, is authorized to execute the County of
Contra Costa Planning Grants Program application, the PGP Grant Documents, and any amendments thereto, on behalf of the
County as required by the Department for receipt of the PGP Grant.
Contact: Kristen Lackey, (925) 674-7793
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc:
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Agricultural Commissioner, or designee, to execute an agreement with
the California Department of Food and Agriculture in an amount not to exceed $25,547 to reimburse the
County for services for the Bee Safe Program for the period July 1, 2019 through June 30, 2020.
FISCAL IMPACT:
Approval of this agreement will provide reimbursement to the Agricultural Department in an amount not to
exceed $25,547. There is no county match of funds or grant money involved.
BACKGROUND:
Existing state law recognizes the importance of managed honeybees. Per the California Food and
Agricultural Code (FAC), "a healthy and vibrant apiary industry is important to the economy and welfare of
the people of the State of California." (FAC Division 13, Chapter 1, Article 1, Section 29000). The health
of managed honeybees gained national attention in 2006 following an unsustainable, 50% overwinter loss
rate of commercial honey bees. Continued honeybee losses can jeopardize not only commercial bee
keepers, but the numerous crops that benefit from, or in the case of almonds, entirely depend on the honey
bee.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V
Supervisor
Contact: 608-6600
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc:
C. 25
To:Board of Supervisors
From:Matt Slattengren
Date:November 12, 2019
Contra
Costa
County
Subject:Agreement for Bee Safe Program
BACKGROUND: (CONT'D)
Recognizing the critical role of insect pollinators in producing the wide variety of fruit, vegetables, nuts and
other crops that feed the nation and the world, federal funding was made available for conservation and
research to improve health of honeybees and other key pollinators. A report from 2012 concluded that
on-going honeybee losses were the result of the combined effects of four key honey bee stressors: Pests and
parasites: nutrition and lack of forage: pesticide exposure; and genetics.
The main objectives of the Bee Safe Program are to reduce honeybee stressors through: improved apiary (a
place where bees are kept), theft prevention efforts, decreased apiary pest pressure, decreased apiary stress
due to pesticide exposure, and increased apiary foraging opportunities. County Agricultural Commissioners
are granted authority identified in the Food and Agricultural Code to enforce various apiary and pest
prevention laws (i.e. registration, identification, and placement of hives; inspection and abatement of pests)
intended to ensure the vitality of the beekeeping industry and to prevent the introduction into or the spread
within the state of pests.
CONSEQUENCE OF NEGATIVE ACTION:
A negative action would result in loss of revenue to the Department and a possible threat to the honey bee
population not only in Contra Costa County, but statewide.
RECOMMENDATION(S):
ACCEPT Resolution No. 2019/627 to approve and authorize the Employment and Human Services
Director, or designee, to execute a contract amendment with California Department of Aging to increase the
payment limit by $181,969 to a new payment limit of $4,928,778 with no change in term July 1, 2019
through June 30, 2020.
FISCAL IMPACT:
County to receive $4,928,778, which includes Agreement AP-1920-07 Amendment 1 amount of $181,969,
from California Department of Aging. Funding is 12% State and 88% Federal. No County match is
required.
BACKGROUND:
The Employment and Human Services Department, Area Agency on Aging, provides services to low
income older County residents as defined by Ttlle III and Title VII of the Older American Act. Services
include, but are not limited to supportive services, ombudsman services, congregate meal sites, nutrition
services, home delivered meals, disease prevention, family caregiver services, and elder abuse prevention
services. Additional funding will enhance service delivery.
CONSEQUENCE OF NEGATIVE ACTION:
Without funding Older American Act services could not be provided.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V
Supervisor
Contact: Elaine burres
608-4960
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc:
C. 26
To:Board of Supervisors
From:Kathy Gallagher, Employment & Human Services Director
Date:November 12, 2019
Contra
Costa
County
Subject:California Department of Aging, Older American Act Funding, Amendment 1
AGENDA ATTACHMENTS
Resolution 2019/627
MINUTES ATTACHMENTS
Signed Resolution No.
2019/627
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 11/12/2019 by the following vote:
AYE:5
John Gioia
Candace Andersen
Diane Burgis
Karen Mitchoff
Federal D. Glover
NO:
ABSENT:
ABSTAIN:
RECUSE:
Resolution No. 2019/627
IN THE MATTER OF: California Department of Aging Older American Act Funding, Amendment 1.
WHEREAS, the Employment and Human Services Department, Area Agency on Aging, provides services to and receives
funding from the California Department of Aging for services to low income older County residents, and
WHEREAS, services include supportive services, ombudsman services, congregate meal sites, nutrition services, home
delivered meals, disease prevention, family caregiver services, and elder abuse prevention, and
WHEREAS, the California Department of Aging has made additional funding available to County for these services.
NOW, THEREFORE, BE IT RESOLVED: The Contra Costa County Board of Supervisors approve and authorize the
Employment and Human Services Director, or designee, to execute a contract amendment (AP-1920-07) with California
Department of Aging to increase the payment limit by $181,969 to a total payment limit of $4,928,778 for Older American Act
services with no change in the term of July 1, 2019 through June 30, 2020.
Contact: Elaine burres 608-4960
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc:
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Agricultural Commissioner, or designee, to execute an agreement with
the California Department of Food and Agriculture to reimburse the County in an amount not to exceed
$869 for plant nursery inspections and related enforcement activities for the period July 1, 2019 through
June 30, 2020.
FISCAL IMPACT:
Approval of this action will reimburse the County in an amount not to exceed $869. There is no county
match of funds nor are grant monies involved.
BACKGROUND:
This agreement provides reimbursement in an amount not to exceed $869 for the departmental expenses
incurred during the agreement period for visual surveys of nurseries and to enforce all laws and regulations
pertaining to nursery stock, including licensing requirements in accordance with the Memorandum of
Understanding between the California Department of Food and Agriculture (CDFA) and the California
Agricultural Commissioner and Sealers Association (CACASA) entitle State-County Nursery Inspection
Program. These visual inspections ensure that certain regulatory requirements of the plant nursery industry
are met which protects consumes and stop and/or slow the spread of exotic invasive species that may be
present on certain host material.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V
Supervisor
Contact: 608-6600
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc:
C. 27
To:Board of Supervisors
From:Matt Slattengren
Date:November 12, 2019
Contra
Costa
County
Subject:19-0620-000-SA Nursery Inspection Program
CONSEQUENCE OF NEGATIVE ACTION:
A negative action would cause a loss in revenue for the department.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Health Services Director, or designee, to accept on behalf of the County
Grant Award #29-338-25 with the Department of Health Care Services, Children Medical Services, to pay
the County in an amount not to exceed $1,522,480, for the Child Health and Disability Prevention (CHDP),
the Health Care Program for Children in Foster Care (HCPCFC) and Psychotropic Medication
Management and Monitoring Oversight (PMM&O) activities, for the period from July 1, 2019 through June
30, 2020.
FISCAL IMPACT:
Approval of this grant award will result in $1,522,480 of funding from the California Department of Health
Care Services for the CHDP, HCPCFC and PMM&O projects. A match of $279,568 from the County
General Fund is required.
BACKGROUND:
The CHDP Program carries out State mandates regarding early and periodic screening, diagnosis and
treatment and case coordination of health and dental services for children on Medi-Cal or within the 200%
poverty level. These services are federally required and consistent with approved standards of medical
practice. The CHDP program is responsible for provider certifications, network and resource development,
training,
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V
Supervisor
Contact: Daniel Peddycord,
925-313-6712
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: Marcy Wilhelm
C. 28
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:November 12, 2019
Contra
Costa
County
Subject:Grant Award #29-338-25 from the Department of Health Care Services, Children Medical Services
BACKGROUND: (CONT'D)
outreach, care coordination, follow up and communications with medical and dental providers. This
program works closely with community providers, other health related agencies, Managed Care, County
Departments including Employment and Human Services, Probation, and Community Services as well as
other Health Services Divisions to provide a wide variety of health related consultation services.
The goal of the Program is to provide access to Contra Costa County low income children for periodic
wellness care, provide further diagnosis and treatment for medical and dental problems found, assist with
enrollment into a comprehensive plan, provide case coordination, follow up, and liaison to various
resources, and provide case management and payment for care for children ages 0-21. The HCPCFC
program carries out federal and state mandates for children in foster care and the juvenile justice system.
PMM&O provides administrative public health nursing oversight of psychotropic medications for children
in foster care and the juvenile justice system.
On January 22, 2019, the Board of Supervisors approved Grant Award #29-338-24 with the Department of
Health Care Services, Children Medical Services, for the period from July 1, 2018 through June 30, 2019.
Approval of Grant Award #29-338-25 is necessary for the continuation of this long standing state and
federal funding that supports these ongoing Public Health Programs: CHDP, HCPCFC and PMM&O
through June 30, 2020.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, the County will not receive funding to support the CHDP, HCPCFC and the
PMM&O programs to comply with State and Federal requirements.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute legal
documents associated with the loan of $350,000 in Community Development Block Grant funds to finance
the rehabilitation of Chesley Mutual Housing Rehabilitation Project in Richmond; and
1. FIND that the project is categorically exempt per Section 15194 of the California Environmental Quality
Act (CEQA);
2. DIRECT the Director of Conservation and Development to file a Notice of Exemption for the Chesley
Mutual Housing Rehabilitation Project with the County Clerk; and
3. DIRECT the Director of Conservation and Development, or designee, to arrange for payment of the $50
handling fee to the County Clerk for filing such Notice of Exemption.
FISCAL IMPACT:
No General Fund impact. Community Development Block Grant funds are provided to the County on a
formula allocation basis through the U.S. Department of Housing and Urban Development (HUD).
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
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: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc:
C. 29
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:November 12, 2019
Contra
Costa
County
Subject:Approval of CDBG Loan Documents for Chesley Mutual Housing Rehabilitation Project in Richmond
BACKGROUND:
On July 18, 2017, the Board of Supervisors allocated $350,000 in Community Development Block
Grant (CDBG) funds to Chesley Avenue Limited Partnership, a limited partnership with Community
Housing Development Corporation of North Richmond as the managing general partner. The funds were
allocated in the form of a loan for the rehabilitation of Chesley Mutual Housing, a 15 year-old 30-unit
affordable housing development located at 802 Chesley Avenue in Richmond (the “Project”). The
CDBG funds will be used for replacement of hot water heaters, replacement of bathroom fixtures with
energy efficient appliances, exterior painting, playground improvements, tree trimming and/or removal,
and replacement of interior and exterior lighting.
The loan will have a three percent simple annual interest rate over a term of 45 years. There may be
annual loan payments if the project has surplus cash flow. Otherwise, the loan is deferred for the 45 year
term. Coterminous with the loan term, the County will enter in to a Regulatory Agreement with Chesley
Avenue Limited Partnership to restrict 29 of the units at the following levels of affordability:
Number of
Bedrooms Quantity Affordability
Level
CDBG
assisted
units
2 1 30%1
2 2 40%2
2 5 50%5
3 1 30%1
3 5 40%5
3 15 50%15
2 1 Manager’s
Unit
Total 30 29
The CDBG Loan Agreement, CDBG Promissory Note, Deed of Trust, and Regulatory Agreement and
Declaration of Restrictive Covenants are attached in their substantially final form and will be executed
in a form approved by County Counsel. The CDBG loan will be subordinate to the existing debt on the
project including bond loan, City loan, City Redevelopment Loan and AHP loan, and the County may be
requested to sign estoppel agreements to that effect. This action of the Board includes authorization of
the DCD Director to execute estoppel and subordination agreements consistent with the subordination
terms included in the Development Loan Agreement.
National Environmental Policy Act (NEPA): CDBG projects are subject to NEPA and 24 CFR Part 58
review. The NEPA review for this project has been completed.
CONSEQUENCE OF NEGATIVE ACTION:
Without the approval and execution of the CDBG legal documents, the rehabilitation will not be done
and the property will suffer from deferred maintenance.
CHILDREN'S IMPACT STATEMENT:
The recommendation supports one or more of the following children's outcomes:
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.
ATTACHMENTS
Chesley CDBG Reg Agr
Chesley Deed of Trust
Chesley Promissory Note
Chesley CDBG Loan Agr
1
863\104\2238347.4
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Contra Costa County
Department of Conservation and Development
30 Muir Road
Martinez, CA 94553
Attn: Assistant Deputy Director
No fee for recording pursuant to
Government Code Section 27383
__________________________________________________________________________
REGULATORY AGREEMENT AND
DECLARATION OF RESTRICTIVE COVENANTS
Chesley Mutual Housing
(CDBG Funds)
This Regulatory Agreement and Declaration of Restrictive Covenants (the " Regulatory
Agreement") is dated April 1, 2019 and is between the County of Contra Costa, a political
subdivision of the State of California (the "County"), and Chesley Avenue Limited Partnership , a
California limited partnership ("Borrower ").
RECITALS
A. Defined terms used but not defined in these recitals are as defined in Article 1 of
this Regulatory Agreement.
B. The County has received Community Development Block Grant Program
("CDBG") funds from the United States Department of Housing and Urban Development
("HUD") under Title I of the Housing and Community Development Act of 1974 (42 USC 5301,
et seq.), as amended ("CDBG Funds"). The CDBG Funds must be used by the County in
accordance with 24 C.F.R. Part 570.
C. Borrower is the owner of the real property commonly kno wn as 802 Chesley
Avenue, located in the County of Contra Costa, State of California, as more particularly
described in Exhibit A (the "Property"). Borrower intends to rehabilitate the thirty (30)
multifamily housing units currently existing on the Proper ty, twenty-nine (29) of which will be
for rental to extremely low and very low income households, including one (1) manager's unit
(the "Development "). The Development, as well as all landscaping, roads and parking spaces on
the Property and any additiona l improvements on the Property, are the "Improvements ".
D. Pursuant to a CDBG Loan Agreement by and between the County and Borrower
of even date herewith (the "Loan Agreement "), the County is lending Borrower Three Hundred
Fifty Thousand Dollars ($350,000) of CDBG Funds (the "Loan").
2
863\104\2238347.4
E. The County has the authority to lend the Loan to Borrower pursuant to
Government Code Section 26227, which authorizes counties to spend county funds for programs
that will further a county's public purposes. In addition, the County has the authority to loan the
CBDG Funds pursuant to 24 C.F.R. 570.202 .
F. The County has agreed to make the Loan on the condition that Borrower maintain
and operate the Development in accordance with restrictions set forth in this Regulatory
Agreement, and in the related documents evidencing the Loan.
G. In consideration of receipt of the Loan at an interest rate substantially below the
market rate, Borrower agrees to observe all the terms and conditions set forth below .
The parties therefore agree as follows:
AGREEMENT
ARTICLE 1
DEFINITIONS
1.1 Definitions.
The following terms have the following meanings:
(a) "Actual Household Size" means the actual number of persons in the
applicable household.
(b) "Adjusted Income" includes income from all persons in the household,
including nonrelated individuals ; Adjusted Income will be calculated using the methods to
calculate income adopted by the TCAC.
(c) "CDBG" has the meaning set forth in Paragraph B of the Recitals.
(d) "CDBG Funds" has the meaning set forth in Para graph B of the Recitals.
(e) "Completion Date" means the date of completion of the rehabilitation of
the Improvements as evidenced by a building permit sign-off or equivalent document issued by
the County.
(f) "County-Assisted Units" means the twenty-nine (29) units within the
Development designated as assisted pursuant to this Regulatory Agreement.
(g) "Deed of Trust" means the Deed of Trust with Assignment of Rents,
Security Agreement and Fixture Filing of even date herewith by and among Borrower, as trustor,
Old Republic Title Company, as trustee, and the County, as beneficiary, that encumbers the
Property to secure repayment of the Loan and Borrower 's performance of the Loan Documents.
3
863\104\2238347.4
(h) "Development " has the meaning set forth in Paragraph D of the Recitals.
(i) "Existing Tenants" means the tenants that occupy the Units on the date of
Borrower's acquisition of the Property.
(j) "Extremely Low Income Household " means a household with an income
that does not exceed the "30% Income Level" as published by TCAC, or if TC AC does not
publish such levels, a household with an Adjusted Income that does not exceed thirty percent
(30%) of Area Median Income.
(k) "Extremely Low Income Rent" means the maximum rent published by
TCAC for an Extremely Low Income Household in Contra Costa County for the applicable
bedroom size.
(l) "Extremely Low Income Units" means the Units which, pursuant to
Section 2.1(a) below, are required to be occupied by Extremely Low Income Households.
(m) "Forty Percent Income Household " means a household with an income
that does not exceed the "40% Income Level" as published by TCAC, or if TCAC does not
publish such levels, a household with an Adjusted Income that does not exceed forty percent
(40%) of Area Median Income.
(n) "Forty Percent Income Rent" means the maximum rent published by
TCAC for a Forty Percent Income Household in Contra Costa County for the applicable
bedroom size.
(o) "Forty Percent Income Units" means the Units which, pursuant to Section
2.1(b) below, are required to be occupied by Forty Percent Income Households.
(p) "HUD" has the meaning set forth in Paragraph B of the Recitals.
(q) "Improvements " has the meaning set forth in Paragraph C of the Recitals.
(r) "Loan" has the meaning set forth in Paragraph D of the Recitals.
(s) "Loan Agreement " ha s the meaning set forth in Paragraph D of the
Recitals.
(t) "Loan Documents " means the documents evidencing the Loan including
this Regulatory Agreement, the Note, the Loan Agreement, and the Deed of Trust.
(u) "Low Income Household " means a household with an income that does
not exceed the "60% Income Level" as published by TCAC, or if TCAC does not publish such
levels, a household with an Adjusted Income that does not exceed sixty percent (60%) of Area
Median Income.
(v) "Maintenance Standards" has the meanin g set forth in Section 5.6 (a).
4
863\104\2238347.4
(w) "Median Income" means the median gross yearly income, adjusted for
Actual Household Size as specified herein, in the County of Contra Costa, California, as
published from time to time by HUD. In the event that such income determinations are no
longer published, or are not updated for a period of at least eighteen (18) months, the County
shall provide Borrower with other income determinations that are reasonably similar with respect
to methods of calculation to those previously published by HUD.
(x) "Note" means the promissory note that evidences Borrower's obligation to
repay the Loan, as such may be amended form time to time.
(y) "Property" has the meaning set forth in Paragraph C of the Recitals.
(z) "Regulatory Agreement" has the meaning set forth in the first paragraph of
this Regulatory Agreement.
(aa) "Rent" means the total monthly payments by the Tenant of a Unit for the
following: use and occupancy of the Unit and land and associated facilities; any separately
charged fees or service charges assessed by Borrower which are customarily charged in rental
housing and required of all Tenants, other than security deposits; an allowance for the cost of an
adequate level of service for utilities paid by the Tenant, including garbage collection, sewer,
water, electricity, gas and other heating, cooking and refrigeration fuel, but not telephone service
or cable TV; and any other interest, taxes, fees or charges for use of the land or associated
facilities and assessed by a public or private entity other than Borrower, and paid by the Tenant.
(bb) "TCAC" means the California Tax Credit Allocation Committee.
(cc) "Tenant " means the tenant household that occupies a Unit in the
Development.
(dd) "Term" means the period of time that commences on the date of this
Regulatory Agreement, and expires, unless sooner terminated in accordance with this Regulatory
Agreement, on the forty-fifth (45th) anniversary of the Completion Date; provided, however, if a
record of the Completion Date cannot be located or established, the Term will expire on the
forty-sixth (46th) anniversary of this Regulatory Agreement
(ee) "Unit(s)" means one (1) or more of the units in the Development.
(ff) "Very Low Income Household" means a household with an income that
does not exceed the "50% Income Level" as published by TCAC, or if TCAC does not publish
such levels, a household with an Adjusted Income that does not exceed fifty percent (50%) of
Area Median Income.
(gg) "Very Low Income Rent" means the maximum rent published by TCAC
for a Very Low Income Household in Contra Costa County for the applicable bedroom size.
5
863\104\2238347.4
(hh) "Very Low Income Units" means the Units which, pursuant to Section
2.1(c) below, are required to be occupied by Very Low Income Households.
ARTICLE 2
AFFORDABILITY AND OCCUPANCY C OVENANTS
2.1 Occupancy Requirements.
(a) Extremely Low Income Units. During the Term, Borrower shall cause
two (2) Units to be rented to and occupied by or, if vacant, available for occupancy by,
Extremely Low Income Households.
(b) Forty Percent Income Units. During the Term, Borrower shall cause
seven (7) Units to be rented to and occupied by or, if vacant, available for occupancy by, Forty
Percent Income Households.
(c) Very Low Income Units. During the Term, Borrower shall cause twenty
(20) Units to be rented to occupied by or, if vacant, available for occupancy, by Very Low
Income Households
(d) Intermingling of Units. Borrower shall cause the County-Assisted Units
to be intermingled throughout the Development and of comparable quality to all other Units. All
Tenants must have equal access to and enjoyment of all common facilities in the Development.
Subject to Subsection (f) below, the County-Assisted Units must be of the bedroom size set forth
in the following chart.
Extremely
Low
Income
Forty
Percent
Income
Very
Low
Income
Manager's
Units
Two-Bd. Units 1 2 5 1
Three-Bd. Units 1 5 15
Total 2 7 20 1
(e) Disabled Persons Occupancy. Borrower shall rehabilitate and operate the
Development in compliance with all applicable federal and state disabled persons accessibility
requirements including but not limited to the Federal Fair Housing Act; Section 504 of the
Rehabilitation Act of 1973; Title II and/or Title III of the Americans with Disabilities Act; and
Title 24 of the California Code of Regulations (collectively, the "Accessibility Requirements ").
In complia nce with the Accessibility Requirements, if the rehabilitation is substantial as defined
in 24 C.F.R. 8.23(a), a minimum of two (2) Units of all Units shall be rehabilitated to be fully
accessible to households with a mobility impaired member and an additional one (1) Unit of all
Units shall be rehabilitated to be fully accessible to hearing and/or visually impaired persons.
Non-substantial alterations must comply with 24 C.F.R. 8.23(b). Borrower shall indemnify, hold
harmless and defend (with counsel reasonably acceptable to the County) the County against any
6
863\104\2238347.4
claim for damages, compensation, fines, penalties or other amounts arising out of the failure or
alleged failure of any person or entity (including Borrower, its architect, contractor and
subcontractors) to construct the Development in accordance with the Accessibility
Requirements. The requirements in this Subsection survive repayment of the Loan and the
reconveyance of the Deed of Trust.
(f) Existing Tenants. Borrower shall provide the County a written report of
the income and rent amount of all Existing Tenants within thirty (30) days of execution of this
Agreement. Borrower shall not implement any rent increases for Existing Tenants witho ut the
approval of the County. Any Existing Tenant lawfully residing in the Development as of the
date of this Agreement is entitled to remain a resident of the Development if such Tenant does
not meet the income criteria of this Section 2.1. If and when such non-qualifying Existing
Tenant voluntarily vacates the Unit, Borrower shall rent such Unit to an Extremely Low Income
Household, Forty Percent Incomer Household, or Very Low Income Household, as necessary to
meet the provisions of this Section.
2.2 Allowable Rent.
(a) Extremely Low Income Rent. Subject to the provisions of Section 2.4
below, the Rent paid by Tenants of Extremely Low Income Units ma y not exceed the Extremely
Low Income Rent for the applicable bedroom size.
(b) Forty Percent Income Rent. Subject to the provisions of Section 2.4
below, the Rent paid by Tenants of Forty Percent Income Units may not exceed the Forty
Percent Income Rent for the applicable bedroom size.
(c) Very Low Income Rent. Subject to the provisions of Section 2.4 below,
the Rent paid by Tenants of Very Low Income Units may not exceed the Very Low Income Rent
for the applicable bedroom size.
(d) No Additional Fees. Borrower may not charge any fee, other than Rent, to
any Tenant of the County-Assisted Units for any housing or other services provided by
Borrower.
(e) Income Calculation. In the event that TCAC no longer publishes the rent
information that this Agreement contemplates that TCAC will publish, the County will provide
Borrower with other rent determinations which are re asonably similar with respect to methods of
calculation to those previously published by TCAC.
2.3 Rent Increases.
(a) Rent Amount. The County will provide Borrower with a schedule of
maximum permissible Rents for the County-Assisted Units and the maximum monthly
allowances for utilities and services (excluding telephone) annually.
(b) Rent Increases. All Rent increases for all County-Assisted Units are
subject to County approval. No later than sixty (60) days prior to the proposed implementation
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of any Rent increase affecting a County-Assisted Unit, Borrower shall submit to the County a
schedule of any proposed increase in the Rent charged for County-Assisted Units. The Rent for
such Units may be increased no more than once annually based upon the annual inc ome
certification described in Article 3. The County will disapprove a Rent increase if it violates the
schedule of maximum permissible Rents for the County-Assisted Units provided to Borrower by
the County, or is greater than a 5% increase over the previous year's Rent. Borrower shall give
Tenants written notice at least thirty (30) days prior to any Rent increase, following completion
of the County approval process set forth above.
2.4 Increased Income of Tenants.
(a) Increased Income above Extremely Low Income but below Low Income
Limit. If, upon the annual certification of the income of a Tenant of a n Extremely Low Income
Unit, Borrower determines that the income of the Tenant has increased above the qualifying limit
for an Extremely Low Income Household, but not above the qualifying income for a Low
Income Household, the Tenant may continue to occupy the Unit and the Tenant's Rent will
remain at the Extremely Low Income Rent. Borrower shall then rent the next available Unit to
an Extremely Low Income Household to comply with the requirements of Section 2.1(a) above,
at a Rent not exceeding the maximum Rent specified in Section 2.2(a), or re-designate another
comparable Unit in the Development with an Extremely Low Income Household an Extremely
Low Income Unit, to comply with the requirements of Section 2.1(a) above. Upon renting the
next available Unit in accordance with Section 2.1(a) or re-designating another Unit in the
Development as an Extremely Low Income Unit, the Unit with the over-income Tenant will no
longer be considered a County-Assisted Unit.
(b) Increased Income above Forty Percent Income but below Low Income
Limit. If, upon the annual certification of the income of a Tenant of a Forty Percent Income
Unit, Borrower determines that the income o f the Tenant has increased above the qualifying limit
for a Forty Percent Income Household, but not above the qualifying income for a Low Income
Household, the Tenant may continue to occupy the Unit and the Tenant's Rent will remain at the
Forty Percent Income Rent. Borrower shall then rent the next available Unit to a Forty Percent
Income Household to comply with the requirements of Section 2.1(b ) above, at a Rent not
exceeding the maximum Rent specified in Section 2.2(b), or re-designate another comparable
Unit in the Development with a Forty Percent Income Household a Forty Percent Income Unit,
to comply with the requirements of Section 2.1(b) above. Upon renting the next available Unit
in accordance with Section 2.1(b) or re-designating another Unit in the Development as a Forty
Percent Income Unit, the Unit with the over-income Tenant will no longer be considered a
County-Assisted Unit.
(c) Increased Income above Very Low Income but below Low Income Limit.
If, upon the annual certification of the income of a Tenant of a Very Low Income Unit, Borrower
determines that the income of the Tenant has increased above the qualifying limit for a Very
Low Income Household, but not above the qualifying income for a Low Income Household, the
Tenant may continue to occupy the Unit and the Tenant's Rent will remain at the Very Low
Income Rent. Borrower shall then rent the next available Unit to a Very Low Income Household
to comply with the requirements of Section 2.1(c) above, at a Rent not exceeding the maximum
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Rent specified in Section 2.2(c), or re-designate another comparable Unit in the Development
with a Very Low Income Household a Very Low Income Unit, to comply with t he requirements
of Section 2.1(c) above. Upon renting the next available Unit in accordance with Section 2.1(c)
or re-designating another Unit in the Development as a Very Low Income Unit, the Unit with the
over-income Tenant will no longer be considered a County-Assisted Unit
(d) Non-Qualifying Household. If, upon the annual certification of the
income a Tenant of a County-Assisted Unit, Borrower determines that the Tenant’s income has
increased above the qualifying limit for a Low Income Household, the Tenant may continue to
occupy the Unit. Upon the expiration of such Tenant's lease, Borrower ma y:
(1) With sixty (60) days’ advance written notice, increase such
Tenant’s Rent to one-twelfth (1/12) of thirty percent (30%) of the actual Adjusted Income of the
Tenant; and
(2) Rent the next available Unit to an Extremely Low Income
Household, Forty Percent Income Household, or Sixty Percent Income Household as applicable,
to comply with the requirements of Section 2.1 above, at a Rent not exceeding the maximum
Rent specified in Section 2.2, or designate another comparable Unit that is occupied by an
Extremely Low Income Household, Forty Percent Income Household, or Sixty Percent Income
Household, as applicable, as a County-Assisted Unit, to meet the requirements of Section 2.1
above. On the day that Borrower complies with Section 2.1 in accordance with this Section
2.4(d), the Unit with the over-income Tenant will no longer be considered a County-Assisted
Unit.
(e) Termination of Occupancy. Upon termination of occupancy of a County-
Assisted Unit by a Tenant, such Unit will be deemed to be continuously oc cupied by a household
of the same income level as the initial income level of the vacating Tenant, until such Unit is
reoccupied, at which time categorization of the Unit will be established based on the occupancy
requirements of Section 2.1.
ARTICLE 3
INCOME CERTIFICATION; REPORTING; RECORDS
3.1 Income Certification. Borrower shall obtain, complete, and maintain on file,
within sixty (60) days before expected occupancy and annually thereafter, income certifications
from each Tenant renting any of the County-Assisted Units. Borrower shall make a good faith
effort to verify the accuracy of the income provided by the applicant or occupying household, as
the case may be, in an income certification. To verify the information, Borrower shall take two
or more of the following steps: (i) obtain a pay stub for the most recent pay period; (ii) obtain an
income tax return for the most recent tax year; (iii) conduct a credit agency or similar search; (iv)
obtain an income verification form from the applicant's current employer; (v) obtain an income
verification form from the Social Security Administration and/or the California Department of
Social Services if the applicant receives assistance from either of such agencies; or (vi) if the
applicant is unemployed and does not have a tax return, obtain another form of independent
verification. Where applicable, Borrower shall examine at least two (2) months of relevant
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source documentation. Copies of Tenant income certifications are to be available to the County
upon request.
3.2 Reporting Requirements.
(a) Borrower shall submit to the County not later than forty-five (45) days
after the close of each calendar year, or such other date as may be requested by the County, a
report that include s the following data for each Unit and specifically identifies which Units are
County-Assisted Units: (i) Tenant income, (ii) the number of occupants, (iii) the Rent, (iv) the
number of bedrooms, and (v) the initial address of each Tenant. To demonstrate continued
compliance with Section 2.1 Borrower shall cause each annual report after the initial report to
include a record of any subsequent Tenant substitutions and any vacancies in County-Assisted
Units that have been filled.
(b) Borrower shall submit to the County within forty-five (45) days after
receipt of a written request, or such other time agreed to by the County, any other information or
completed forms requested by the County in order to comply with reporting requirements of
HUD, the State of California, and the County.
3.3 Tenant Records. Borrower shall maintain complete, accurate and current records
pertaining to income and household size of Tenants. All Tenant lists, applications and waiting
lists relating to the Development are to be at all times: (i) separate and identifiable from any
other business of Borrower, (ii) maintained as required by the County, in a reasonable condition
for proper audit, and (iii) subject to examination during business hours by representatives of the
County. Borrower shall retain copies of all materials obtained or produced with respect to
occupancy of the Units for a period of at least five (5) years. The County may examine and make
copies of all books, records or other documents of Borrower tha t pertain to the Development.
3.4 Development Records.
(a) Borrower shall keep and maintain at the principal place of business of the
Borrower set forth in Section 6.11 below, or elsewhere with the County's written consent, full,
complete and appropriate books, records and accounts relating to the Development . Borrower
shall cause all books, records and accounts relating to its compliance with the terms, provisions,
covenants and conditions of the Loan Documents to be kept and maintained in accordance with
generally accepted accounting principles consistently applied, and to be consistent with
requirements of this Regulatory Agreement. Borrower shall cause all books, records, and
accounts to be open to and available for inspection and copying by HUD, the County, its auditors
or other authorized representatives at reasonable intervals during normal business hours.
Borrower shall cause copies of all tax returns and other reports that Borrower may be required to
furnish to any government agency to be open for inspection by the County at all reasonable times
at the place that the books, records and accounts of Borrower are kept. Borrower shall preserve
such records for a period of not less than five (5) years after their creation in compliance with all
HUD records and accounting requirements. If any litigation, claim, negotia tion, audit exception,
monitoring, inspection or other action relating to the use of the Loan is pending at the end of the
record retention period stated herein, then Borrower shall retain the records until such action and
all related issues are resolved. Borrower shall cause the records to include all invoices, receipts,
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and other documents related to expenditures from the Loan funds. Borrower shall cause records
to be accurate and current and in a form that allows the County to comply with the record
keeping requirements contained in 24 C.F.R. 570.506. Such records are to include but are not
limited to:
(i) Records providing a full description of the activities undertaken
with the use of the Loan funds;
(ii) Records demonstrating the eligibility of activit ies under the CDBG
regulations set forth in 24 C.F.R. 570 et seq., and that use of the CDBG Funds meets one of the
national objectives of the CDBG program set forth in 24 C.F.R. Section 570.208;
(iii) Records demonstrating compliance with the HUD property
standards and lead-based paint requirements and the maintenance require ments set forth in
Section 5.6;
(iv) Records documenting compliance with the fair housing, equal
opportunity, and affirmative fair marketing requirements;
(v) Financial records as required by 24 C.F.R. 570.502 and 2 C.F.R.
Part 200;
(vi) Records demonstrating compliance with the CDBG marketing,
tenant selection, affordability, and income requirements;
(vii) Records demonstrating compliance with MBE/WBE requirements;
(viii) Records demonstrating compliance with 24 C.F.R. Part 135 which
implements Section 3 of the Housing Development Act of 1968;
(ix) Records demonstrating compliance with applicable relocation
requirements, which must be retained for at least five (5) years after the date by which persons
displaced from the property have received final payments;
(x) Records demonstrating compliance with labor requirements
including certified payrolls from Borrower's general contractor evidencing that applicable
prevailing wages have been paid; and
(b) The County shall notify Borrower of any records it deems insufficient.
Borrower has fifteen (15) calendar days after the receipt of such a notice to correct any
deficiency in the records specified by the County in such notice, or if a period longer than fifteen
(15) days is reasonably necessary to correct the deficiency, then Borrower must begin to correct
the deficiency within fifteen (15) days and correct the deficiency as soon as reasonably possible.
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ARTICLE 4
OPERATION OF THE DEVELOPMENT
4.1 Residential Use. Borrower shall operate the Development for residential use
only. No part of the Development may be operated as transient housing.
4.2 Compliance with Loan Documents and Program Requirements . Borrower's
actions with respect to the Property shall at all times be in full conformity with: (i) all
requirements of the Loan Documents; (ii) all requirements imposed on projects assisted with
CDBG Funds as contained in 42 U.S.C. 5301, et seq., 24 C.F.R. Part 570, and other
imp lementing rules and regulations ; and (iii) any other regulatory requirements imposed on the
Development.
4.3 Lease Provisions. In newly leasing the Units within the Development, Borrower
shall use a form of lease approved by the County. Borrower’s form of lease must include any
provisions necessary to comply with the requirements of the Violence Against Women
Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs.
The form of lease must comply with all requirements of this Regulatory Agreement, the other
Loan Documents and must, among other matters:
(a) Provide for termination of the lease for failure to: (i) provide any
information required under this Regulatory Agreement or reasonably requested by Borrower to
establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for
occupancy in the Development in accordance with the standards set forth in this Regulatory
Agreement, or (ii) qualify an Extremely Low Income Household, Forty Percent Income
Household, or Sixty Percent Income Household as a result of any material misrepresentation
made by such Tenant with respect to the income computation.
(b) Be for an initial term of not less than one (1) year, unless by mutual
agreement between the Tenant and Borrower, and provide for no increase in Rent during such
year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of
Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the
requirements of Section 2.3 above.
(c) Include a provision that requires a Tenant who is residing in a Unit
required to be accessible pursuant to Section 2.1(e) and who is not in need of an accessible Unit
to move to a non-accessible Unit when a non-accessible Unit becomes available and another
Tenant or prospective Tenant is in need of an accessible Unit.
4.4 Lease Termination. Any termination of a lease or refusal to renew a lease for a
County-Assisted Unit within the Development must be in conformance with the requirements of
the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54)
applicable to HUD-funded programs, and must be preceded by not less than sixty (60) days
written notice to the Tenant by Borrower specifying the grounds for the action.
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4.5 CDBG Requirements.
(a) Borrower shall comply with all applicable laws and regulations governing
the use of the CDBG Funds as set forth in 24 C.F.R. Part 570. In the event of any conflict
between this Regulatory Agreement and applicable laws and regulations governing the use of the
Loan funds, the applicable laws and regulations govern.
(b) The laws and regulations governing the use of the Loan funds include (but
are not limited to) the following:
(i) Environmental and Historic Preservation. 24 C.F.R. Part 58,
which prescribes procedures for compliance with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4361), and the additional laws and authorities listed at 24 C.F.R. 58.5;
(ii) Applicability of Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federa l Awards. The applicable policies, guidelines,
and requirements of 2 C.F.R. Part 200;
(iii) Debarred, Suspended or Ineligible Contractors. The prohibition on
the use of debarred, suspended, or ineligible contractors set forth in 24 C.F.R. Part 24;
(iv) Civil Rights, Housing and Community Development, and Age
Discrimination Acts. The Fair Housing Act (42 U.S.C. 3601 et seq.) and implementing
regulations at 24 C.F.R. Part 100; Title VI of the Civil Rights Act of 1964 as amended; Title
VIII of the Civil Rights Act of 1968 as amended; Section 104(b) and Section 109 of Title I of
the Housing and Community Development Act of 1974 as amended; Section 504 of the
Rehabilitation Act of 1973 (29 USC 794, et seq.); the Age Discrimination Act of 1975 (42 USC
6101, et seq.); Executive Order 11063 as amended by Executive Order 12259 and implementing
regulations at 24 C.F.R. Part 107; Executive Order 11246 as amended by Executive Orders
11375, 12086, 11478, 12107; Executive Order 11625 as amended by Executive Order 12007;
Executive Order 12432; Executive Order 12138 as amended by Executive Order 12608;
(v) Lead-Based Paint. The requirement of the Lead-Based Paint
Poisoning Prevention Act, as amended (42 U.S.C. 4821 et seq.), the Residential Lead-Based
Paint Hazard Reduction Act (42 U.S.C. 4851 et seq.), and implementing regulations at 24
C.F.R. Part 35;
(vi) Relocation. The requirements of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.), and
implementing regulations at 49 C.F.R. Part 24; Section 104(d) of the Housing and Community
Development Act of 1974 and implementing regulations at 24 C.F.R. 42 et seq.; 24 C.F.R.
570.606; and California Government Code Section 7260 et seq. and implementing regulations at
25 California Code of Regulations Sections 6000 et seq. If and to the extent that development
of the Development results in the permanent or temporary displacement of residential tenants,
homeowners, or businesses, then Borrower shall comply with all applicable local, state, and
federal statutes and regulations with respect to relocation planning, advisory assistance, and
payment of monetary benefits. Borrower shall prepare and submit a relocation plan to the
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County for approval. Borrower is solely responsible for payment of any relocation benefits to
any displaced persons and any other obligations associated with complying with such relocation
laws. Borrower shall indemnify, defend (with counsel reasonably chosen by the County), and
hold harmless the County against all claims that arise out of relocation obligations to residential
tenants, homeowners, or businesses permanently or temporarily displaced by the Development;
(vii) Discrimination against the Disabled . The requirements of the Fair
Housing Act (42 U.S.C. 3601 et seq.) and implementing regulations at 24 C.F.R. Part 100;
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and federal regulations issued
pursuant thereto, which prohibit discrimination against the disabled in any federally assisted
program, the requirements of the Architectural Barriers Act of 1968 (42 U.S.C. 4151 -4157) and
the applicable requirements of Title II and/or Title III of the Americans with Disabilities Act of
1990 (42 U.S.C. 12131 et seq.), and federal regulations issued pursuant thereto;
(viii) Clean Air and Water Acts. The Clean Air Act, as amended,
42 U.S.C. 7401 et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et
seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40
C.F.R. Part 1500, as amended from time to time;
(ix) Uniform Administrative Requirements. The provisions of 24
C.F.R. 570.502 regarding cost and auditing requirements;
(x) Training Opportunities. The requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u ("Section 3"),
requiring that to the greatest extent feasible opportunities for training and employment be given
to lower income residents of the project area and agreements for work in connection with the
project be awarded to business concerns which are located in, or owned in substantial part by
persons residing in, the areas of the project. Borrower agrees to include the following language
in all subcontracts executed under this Regulatory Agreement :
(1) The work to be performed under this contract is subject to
the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended,
12 U.S.C. 1701u. The purpose of Section 3 is to ensure that employment and other economic
opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall,
to the greatest extent feasible, be directed to low- and very low-income persons, particularly
persons who are recipients of HUD assistance for housing.
(2) The parties to this contract agree to comply with HUD's
regulations in 24 C.F.R. Part 135, which implement Section 3. As evidenced by their execution
of this contract, the parties to this contract certify that they are under no contractual or other
impediment that would prevent them from complying with the Part 135 regulations.
(3) The contractor agrees to send to each labor organization or
representative of workers with which the contractor has a collective bargaining agreement or
other understanding, if any, a notice advising the labor organization or workers' representative of
the contractor's commitments under this Section 3 clause; and will post copies of the notice in
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conspicuous places at the work site where both employees and applicants for training and
employment positions can see the notice. The notice shall describe the Section 3 preference;
shall set forth minimum number and job titles subject to hire; availability of apprenticeship and
training positions; the qualifications for each; the name and location of the per son(s) taking
applications for each of the positions; and the anticipated date the work shall begin.
(4) The contractor agrees to include this Section 3 clause in
every subcontract subject to compliance with regulations in 24 C.F.R. Part 135, and agrees to
take appropriate action, as provided in an applicable provision of the subcontract or in this
Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in
24 C.F.R. Part 135. The contractor will not subcontract with any sub contractor where the
contractor has notice or knowledge that the subcontractor has been found in violation of the
regulations in 24 C.F.R. Part 135.
(5) The contractor will certify that any vacant employment
positions, including training positions, that are filled (A) after the contractor is selected but
before the contract is executed, and (B) with persons other than those to whom the regulations of
24 C.F.R. Part 135 require employment opportunities to be directed, were not filled to
circumvent the contractor's obligations under 24 C.F.R. Part 135.
(6) Noncompliance with HUD's regulations in 24 C.F.R.
Part 135 may result in sanctions, termination of this contract for default, and debarment or
suspension from future HUD assisted contracts.
(7) With respect to work performed in connection with Section
3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract.
Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for
training and employment shall be given to Indians, and (ii) preference in the award of contracts
and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises.
Parties to this contract that are subject to the provisions of Section 3 and section 7(b) agree to
comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with
section 7(b).
(xi) Labor Standards. The labor requirements set forth in 24 C.F.R.
Section 570.603; the prevailing wage requirements of the Davis -Bacon Act and implementing
rules and regulations (40 U.S.C. 3141 -3148); the Copeland "Anti-Kickback" Act (40 U.S.C.
276(c)) which requires that workers be paid at least once a week without any deductions or
rebates except permissible deductions; the Contract Work Hours and Safety Standards Act –
CWHSSA (40 U.S.C. 3701-3708) which requires that workers receive "overtime" compensation
at a rate of 1-1/2 times their regular hourly wage after they have worked forty (40) hours in one
(1) week; and Title 29, Code of Federal Regulations, Subtitle A, Parts 1, 3 and 5 are the
regulations and procedures issued by the Secretary of Labor for the administration and
enforcement of the Davis-Bacon Act, as amended;
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(xii) Drug Free Workplace. The requirements of the Drug Free
Workplace Act of 1988 (P.L. 100-690) and implementing regulations at 24 C.F.R. Part 24;
(xiii) Anti-Lobbying; Disclosure Requirements. The disclosure
requirements and prohibitions of 31 U.S.C. 1352 and implementing regulations at 24 C.F.R.
Part 87;
(xiv) Historic Preservation. The historic preservation requirements set
forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. Section 470)
and the procedures set forth in 36 C.F.R. Part 800. If archeological, cultural, or historic period
resources are discovered during construction, all construction work must come to a halt and
Borrower shall immediately notify the County. Borrower shall not shall alter or move the
discovered material(s) until all appropriate procedures for "post-review discoveries" set forth in
Section 106 of the National Historic Preservation Act have taken place, which include, but are
not limited to, consultation with the California State Historic Preservation Officer and
evaluation of the discovered material(s) by a qualified professional archeologist;
(xv) Flood Disaster Protection. The requirements of the Flood Disaster
Protection Act of 1973 (P.L. 93-234) (the "Flood Act"). No portion of the assistance provided
under this Agreement is approved for acquisition or construction purposes as defined under
Section 3(a) of the Flood Act, for use in an area identified by HUD as having special flood
hazards which is not then in compliance with the requirements for participation in the national
flood insurance program pursuant to Section 201(d) of the Flood Act. The use of any assistance
provided under this Agreement for such acquisition or construction in such identified areas in
communities then participating in the National Flood Insurance Program is subject to the
mandatory purchase of flood insurance requirements of Section 102(a) of the Flood Act. If the
Property is located in an area identified by HUD as having special flood hazards and in which
the sale of flood insurance has been made available under the National Flood Insurance Act of
1968, as amended, 42 U.S.C. 4001 et seq., the property owner and its successors or assigns must
obtain and maintain, during the ownership of the Property, s uch flood insurance as required
with respect to financial assistance for acquisition or construction purposes under -Section
102(s) of the Flood Act. Such provisions are required notwithstanding the fact that the
construction on the Property is not itself funded with assistance provided under this Agreement;
(xvi) Religious Organizations. If the Borrower is a religious
organization, as defined by the CDBG requirements, the Borrower shall comply with all
conditions prescribed by HUD for the use of CDBG Funds by religious organizations, including
the First Amendment of the United States Constitution regarding church/state principles and the
applicable constitutional prohibitions set forth in 24 C.F.R. 570.200(j);
(xvii) Violence Against Women. The requirements of the Violence
Against Women Reauthorization Act of 2013 (Pub. L. 113 –4, 127 Stat. 54) applicable to HUD-
funded programs;
(xviii) Conflict of Interest. The conflict of interest provisions set forth in
24 C.F.R. 570.611; and
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(xix) HUD Regulations. Any other HUD regulations present or as may
be amended, added, or waived in the future pertaining to the Loan funds .
ARTICLE 5
PROPERTY MANAGEMENT AND MAINTENANCE
5.1 Management Responsibilities. Borrower is responsible for all management
functions with respect to the Development, including without limitation the selection of Tenants,
certification and recertification of household size and income, evictions, collection of rents and
deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital
items, and security. The County has no responsibility for management of the Development.
Borrower shall retain a professional property management company approved by the County in
its reasonable discretion to perform Borrower's management duties hereunder. An on-site
property manager is also required.
5.2 Management Agent. Borrower shall cause the Development to be managed by an
experienced management agent reasonably acceptable to the County, with a demonstrated ability
to operate residential facilities like the Development in a manner that will provide decent, safe,
and sanitary housing (the "Management Agent"). The County has approved Eden Housing
Management, Inc. as the Management Agent. Borrower shall submit for the County's approval
the identity of any proposed subsequent management agent. Borrower shall also submit such
additional information about the background, experience and financial condition of any proposed
management agent as is reasonably necessary for the County to determine whether the proposed
ma nagement agent meets the standard for a qualified management agent set forth above. If the
proposed management agent meets the standard for a qualified management agent set forth
above, the County shall approve the proposed management agent by notifying Borrower in
writing. Unless the proposed management agent is disapproved by the County within thirty (30)
days, which disapproval is to state with reasonable specificity the basis for disapproval, it shall
be deemed approved.
5.3 Periodic Performance Review. The County reserves the right to conduct an
annual (or more frequently, if deemed necessary by the County) review of the management
practices and financial status of the Development. The purpose of each periodic review will be
to enable the County to determine if the Development is being operated and managed in
accordance with the requirements and standards of this Regulatory Agreement. Borrower shall
cooperate with the County in such reviews.
5.4 Replacement of Management Agent. If, as a result of a periodic review, the
County determines in its reasonable judgment that the Development is not being operated and
managed in accordance with any of the material requirements and standards of this Regulatory
Agreement, the County shall deliver notice to Borrower of its intention to cause replacement of
the Management Agent, including the reasons therefor. Within fifteen (15) days after receipt by
Borrower of such written notice, the County staff and Borrower shall meet in good faith to
consider methods for improving the financial and operating status of the Development,
including, without limitation, replacement of the Management Agent.
17
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If, after such meeting, County staff recommends in writing the replacement of the
Management Agent, Borrower shall promptly dismiss the then-current Management Agent, and
shall appoint as the Management Agent a person or entity meeting the standards for a
management agent set forth in Section 5.2 above and approved by the Count y pursuant to
Section 5.2 above.
Any contract for the operation or management of the Development entered into by
Borrower shall provide that the Management Agent may be dismissed and the contract
terminated as set forth above. Failure to remove the Management Agent in accordance with the
provisions of this Section constitutes a default under this Regulatory Agreement, and the County
may enforce this provision through legal proceed ings as specified in Section 6.4 below.
5.5 Approval of Management Policies. Borrower shall submit its written
management policies with respect to the Development to the County for its review, and shall
amend such policies in any way necessary to ensure that such policies comply with the
provisions of this Regulatory Agreement.
5.6 Property Maintenance.
(a) Borrower shall maintain, for the entire Term of this Regulatory
Agreement, all interior and exterior Improvements, including landscaping in decent, safe and
sanitary condition, and in good condition and repair, in accordance with the maintenance
standards provided by the County (the "Maintenance Standards"). Borrower shall cause the
Development to be: (i) maintained in accordance with all applicable laws, rules, ordinances,
orders and regulations of all federal, state, county, municipal, and other governmental agencies
and bodies having or claiming jurisdiction and all their respective depa rtments, bureaus, and
officials, including but not limited to the lead -based paint requirements in 24 C.F.R. part 35; and
(ii) free of all health and safety defects. Borrower shall correct any life-threatening maintenance
deficiencies, including those set forth in the Maintenance Standards immediately upon
notification.
(b) At the beginning of each year of the Term, Borrower shall certify to the
County that the Development is in compliance with the Maintenance Standards.
5.7 Property Inspections.
(a) On-Site Physical Inspections. The County will perform on-site inspections
of the Development during the Term to ensure compliance with the Maintenance Standards.
Borrower shall cooperate in such inspection s.
(b) Violation of Maintenance Standards. If after an inspection, the County
determines that Borrower is in violation of the Maintenance Standards, the County will provide
Borrower a written report of the violations. Borrower shall correct the violations set forth in the
report provided to Borrower by County. The County will perform a follow-up inspection to
verify that the violations have been corrected. If such violations continue for a period of ten
(10) days after delivery of the report to Borrower by the County with respect to graffiti, debris,
waste material, and general maintenance , or thirty (30) days after delivery of the report to
18
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Borrower by the County with respect to landscaping and building improvements, then the
County, in addition to whatever other remedy it may have at law or in equity, has the right to
enter upon the Property and perform or cause to be performed all such acts and work necessary
to cure the violation. Pursuant to such right of entry, the County is permitted (but is not
required) to enter upon the Property and to perform all acts and work necessary to protect,
maintain, and preserve the improvements and landscaped areas on the Property, and to attach a
lien on the Property, or to assess the Property, in the amount of the expenditures arising from
such acts and work of protection, maintenance, and preservation by the County and/or costs of
such cure, which amount Borrower shall promptly pay to the County upon demand.
ARTICLE 6
MISCELLANEOUS
6.1 Nondiscrimination.
(a) All of the Units must be available for occupancy on a continuous basis to
members of the general public who are income eligible. Borrower may not give preference to
any particular class or group of persons in renting or selling the Units, except to the extent that
the Units are required to be leased to income eligible households pursuant to this Regulatory
Agreement. Borrower herein covenants by and for Borrower, assigns, and all persons claiming
under or through Borrower, that there exist no discrimination against or segregation of, any
person or group of persons on account of race, color, creed, religion, sex, sexual orientation,
marital status, national origin, source of income (e.g., SSI), ancestry, age, familial status (except
for lawful senior housing in accordance with state and federal law), or disability, in the leasing,
subleasing, transferring, use, occupancy, tenure, or enjoyment of any Unit nor will Borrower or
any person claiming under or through Borrower, establish or permit any such practice or
practices of discrimination or segregation with reference to the selection, location, number, use,
or occupancy, of tenants, lessees, sublessees, subtenants, or vendees of any Unit or in connection
with the employment of persons for the construction, operation and management of any Unit.
(b) Borrower shall accept as Tenants, on the same basis as all other
prospective Tenants, persons who are recipients of federal certificates for rent subsidies pursuant
to the existing housing program under Section 8 of the United States Housing Act, or its
successor. Borrower may not apply selection criteria to Section 8 certificate or voucher holders
that is more burdensome than criteria applied to all other prospective Tenants, nor will Borrower
apply or permit the application of management policies or lease provisions with respect to the
Development which have the effect of precluding occupancy of units by such prospective
Tenants.
6.2 Application of Provisions. The provisions of this Regulatory Agreement apply to
the Property for the entire Term even if the Loan is paid in full prior to the end of the Term. This
Regulatory Agreement binds any successor, heir or assign of Borrower, whether a change in
interest occurs voluntarily or involuntarily, by operation of law or otherwise, except as expressly
released by the County. The County is making the Loan on the condition, and in consideration
of, this provision, and would not do so otherwise.
19
863\104\2238347.4
6.3 Notice of Expiration of Term.
(a) At least six (6) months prior to the expiration of the Term, Borro wer shall
provide by first-class mail, postage prepaid, a notice to all Tenants containing (i) the anticipated
date of the expiration of the Term, (ii) any anticipated increase in Rent upon the expiration of the
Term, (iii) a statement that a copy of such notice will be sent to the County, and (iv) a statement
that a public hearing may be held by the County on the issue and that the Tenant will receive
notice of the hearing at least fifteen (15) days in advance of any such hearing. Borrower shall
also file a copy of the above-described notice with the County Assistant Deputy Director,
Department of Conservation and Development.
(b) In addition to the notice required above, Borrower shall comply with the
requirements set forth in California Government Code S ections 65863.10 and 65863.11. Such
notice requirements include: (i) a twelve (12) month notice to existing tenants, prospective
tenants and Affected Public Agencies (as defined in California Government Code Section
65863.10(a)) prior to the expiration of the Term, (ii) a six (6) month notice requirement to
existing tenants, prospective tenants and Affected Public Agencies prior to the expiration of the
Term; (iii) a notice of an offer to purchase the Development to "qualified entities" (as defined in
California Government Code Section 65863.11(d)), if the Development is to be sold within five
(5) years of the end of the Term; (iv) a notice of right of first refusal within the one hundred
eighty (180) day period that qualified entities may purchase the Deve lopment.
6.4 Covenants to Run With the Land. The County and Borrower hereby declare their
express intent that the covenants and restrictions set forth in this Regulatory Agreement run with
the land, and bind all successors in title to the Property, provide d, however, that on the expiration
of the Term said covenants and restrictions expire. Each and every contract, deed or other
instrument hereafter executed covering or conveying the Property or any portion thereof, is to be
held conclusively to have been executed, delivered and accepted subject to the covenants and
restrictions, regardless of whether such covenants or restrictions are set forth in such contract,
deed or other instrument, unless the County expressly releases such conveyed portion of the
Property from the requirements of this Regulatory Agreement.
6.5 Enforcement by the County. If Borrower fails to perform any obligation under
this Regulatory Agreement, and fails to cure the default within thirty (30) days after the County
has notified Borrower in writing of the default or, if the default cannot be cured within thirty (30)
days, fails to commence to cure within thirty (30) days and thereafter diligently pursue such cure
and complete such cure within sixty (60) days, the County may enforce this Regulatory
Agreement by any or all of the following actions, or any other remedy provided by law:
(a) Calling the Loan. The County may declare a default under the Note,
accelerate the indebtedness evidenced by the Note, and proceed with foreclosure under the Deed
of Trust.
(b) Action to Compel Performance or for Damages. The County may bring
an action at law or in equity to compel Borrower's performance of its obligations under this
Regulatory Agreement, and may seek damages.
20
863\104\2238347.4
(c) Remedies Provided Under Loan Documents. The County may exercise
any other remedy provided under the Loan Documents.
The County shall provide notice of a default to Borrower's limited partner in the manner
set forth in Section 6.5 of the Loan Agreement.
6.6 Anti-Lobbying Certification.
(a) Borrower certifies, to the best of Borrower's knowledge or belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by
or on behalf of it, to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative a greement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement;
(2) If any funds other than Federal appropriated funds have been paid
or will be paid to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, grant, loan, or
cooperative agreement, it will complete and submit Standard Form-LLL, Disclosure Form to
Report Lobbying, in accordance with its instructions.
(b) This certification is a material representation of fact upon which reliance
was placed when the Loan Documents were made or entered into. Submission of this
certification is a prerequisite for making or entering into the Loan Documents imposed by
Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than Ten Thousand Dollars ($10,000) and no more than One
Hundred Thousand Dollars ($100,000) for such failure.
6.7 Attorneys' Fees and Costs. In any action brought to enforce this Regulatory
Agreement, the prevailing party must be entitled to all costs and expenses of suit, including
reasonable attorneys' fees. This section must be interpreted in accordance with California Civil
Code Section 1717 and judicial decisions interpreting that statute.
6.8 Recording and Filing. The County and Borrower shall cause this Regulatory
Agreement, and all amendments and supplements to it, to be recorded in the Official Records of
the County of Contra Costa.
6.9 Governing Law. This Regulatory Agreement is governed by the laws of the State
of California.
6.10 Waiver of Requirements. Any of the requirements of this Regulatory Agreement
may be expressly waived by the County in writing, but no waiver by the County of any
requirement of this Regulatory Agreement extends to or affects any other provision of this
21
863\104\2238347.4
Regulatory Agreement, and may not be deemed to do so.
6.11 Amendments. This Regulatory Agreement may be amended only by a written
instrument executed by all the parties hereto or their successors in title that is duly recorded in
the official records of the County of Contra Costa.
6.12 Notices. Any notice requirement set forth herein will be deemed to be satisfied
three (3) days after mailing of the notice first-class United States certified mail, postage prepaid,
addressed to the appropriate party as follows:
County: County of Contra Costa
Department of Conservation and Development
30 Muir Road
Martinez, CA 94553
Attn: Assistant Deputy Director
Borrower: Chesley Avenue Limited Partnership
c/o Eden Housing, Inc.
409 Jackson Street
Hayward, CA 94544
Attention: Executive Director
Investor Limited
Partner:
Apollo Tax Credit Fund-XXIX Limited
Partnership
c/o RBC Tax Credit Equity, LLC
600 Superior Avenue
Suite 2300
Cleveland, OH 44114
Attention: President and General Counsel
RBC Tax Credit Manager II, Inc.
c/o RBC Tax Credit Equity, LLC
600 Superior Avenue
Suite 2300
Cleveland, OH 44114
Attention: President and General Counsel
Such addresses may be changed by notice to the other party given in the same manner as
provided above.
6.13 Severability. If any provision of this Regulatory Agreement is determined by a
court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and
enforceability of the remaining portions of this Regulatory Agreement will not in any way be
affected or impaired thereby.
22
863\104\2238347.4
6.14 Multiple Originals; Counterparts. This Regulatory Agreement may be executed
in multiple originals, each of which is deemed to be an original, and may be signed in
counterparts.
6.15 Revival of Agreement after Foreclosure. In the event there is a foreclosure of the
Property, this Regulatory Agreement will revive according to its original terms if, during the
Term, the owner of record before the foreclosure, or deed in lieu of foreclosure, or any entity that
includes the former owner or those with whom the former owner has or had family or business
ties, obtains an ownership interest in the Development or Property.
[remainder of page intentionally left blank]
23
Signature page
Regulatory Agreement
863\104\2238347.4
WHEREAS, this Regulatory Agreement has been entered into by the undersigned as of
the date first written above.
COUNTY:
COUNTY OF CONTRA COSTA,
a political subdivision of the State of California
By: __________________
John Kopchik
Director, Department of
Conservation and Development
Approved as to form:
SHARON L. ANDERSON
County Counsel
By:
Kathleen Andrus
Deputy County Counsel
24
Signature page
Regulatory Agreement
863\104\2238347.4
BORROWER:
CHESLEY AVENUE LIMITED PARTNERSHIP, a
California limited partnership
By: Chesley Avenue LLC, a California limited liability
company, its general partner
By: Eden Housing, Inc., a California nonprofit
public benefit corporation, its member
By: ___________________________
Linda Mandolini,
Executive Director
By: Community Housing Development
Corporation of North Richmond., a
California nonprofit public benefit
corporation, its member
By: ___________________________
Don Gilmore,
Executive Director
863\104\2238347.4
STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public,
personally appeared ______________________________________, who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Name: Notary Public
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
863\104\2238347.4
STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public,
personally appeared ______________________________________, who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Name: Notary Public
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, o r validity of that document.
863\104\2238347.4
STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public,
personally appeared ______________________________________, who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, execute d the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Notary Public
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that d ocument.
A-1
863\104\2238347.4
EXHIBIT A
Legal Description
The land is situated in the State of California, County of Contra Costa, and is described as
follows:
863\104\2237972.3 1
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Contra Costa County
Department of Conservation and Development
30 Muir Road
Martinez, CA 94553
Attn: Assistant Deputy Director
No fee for recording pursuant to
Government Code Section 27383
DEED OF TRUST WITH ASSIGNMENT OF RENTS,
SECURITY AGREEMENT, AND FIXTURE FILING
Chesley Mutual Housing
(CDBG Funds)
THIS DEED OF TRUST WITH ASSIGNMEN T OF RENTS, SECURITY
AGREEMENT, AND FIXTURE FILING ("Deed of Trust") is made as of April 1, 2019, by and
among Chesley Avenue Limited Partnership, a C alifornia limited partnership ("Trustor "), North
American Title Company, a California corporation ("Trustee "), and the County of Contra Costa,
a political subdivision of the State of California ("Beneficiary").
FOR GOOD AND VALUABLE CONSIDERATION, including the indebtedness herein
recited and the trust herein created, the receipt of which is hereby acknowledged, Trustor hereby
irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF
SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions
hereinafter set forth, Trustor's fee interest in the property located in the County of Contra Costa,
State of California, that is described in the attached Exhibit A, incorporated herein by this
reference (the "Property").
TOGETHER WITH all interest, estates or other claims, both in law and in equity which
Trustor now has or may hereafter acquire in the Property and the rents;
TOGETHER WITH all easements, rights-of-way and rights used in connection therewith
or as a means of access thereto, including (without limiting the generality of the foregoing) all
tenements, hereditaments and appurtenances thereof and thereto;
TOGETHER WITH any and all buildings and improvements of every kind and
description now or hereafter erected thereon, and all property of Trustor now or hereafter affixed
to or placed upon the Property;
TOGETHER WITH all building materials and equipment now or hereafter delivered to
said property and intended to be installed therein;
TOGETHER WITH all right, title and interest of Trustor, now owned or hereafter
acquired, in and to any land lying within the right-of-way of any street, open or proposed,
863\104\2237972.3 2
adjoining the Property, and any and all sidewalks, alleys a nd strips and areas of land adjacent to
or used in connection with the Property;
TOGETHER WITH all estate, interest, right, title, other claim or demand, of every
nature, in and to such property, including the Property, both in law and in equity, including, but
not limited to, all deposits made with or other security given by Trustor to utility companies, the
proceeds from any or all of such property, including the Property, claims or demands with
respect to the proceeds of insurance in effect with respect thereto, which Trustor now has or may
hereafter acquire, any and all awards made for the taking by eminent domain or by any
proceeding or purchase in lieu thereof of the whole or any part of such property, including
without limitation, any awards resulting from a change of grade of streets and awards for
severance damages to the extent Beneficiary has an interest in such awards for taking as
provided in Section 4.1 herein;
TOGETHER WITH all of Trustor's interest in all articles of personal property or fixtures
now or hereafter attached to or used in and about the building or buildings now erected or
hereafter to be erected on the Property which are necessary to the complete and comfortable use
and occupancy of such building or buildings for the purposes fo r which they were or are to be
erected, including all other goods and chattels and personal property as are ever used or
furnished in operating a building, or the activities conducted therein, similar to the one herein
described and referred to, and all renewals or replacements thereof or articles in substitution
therefor, whether or not the same are, or will be, attached to said building or buildings in any
manner; and
TOGETHER WITH all of Trustor's interest in all building materials, fixtures, equipment,
work in process and other personal property to be incorporated into the Property; all goods,
materials, supplies, fixtures, equipment, machinery, furniture and furnishings, signs and other
personal property now or hereafter appropriated for use on the Property, whether stored on the
Property or elsewhere, and used or to be used in connection with the Property; all rents, issues
and profits, and all inventory, accounts, accounts receivable, contract rights, general intangibles,
chattel paper, instruments, documents, notes drafts, letters of credit, insurance policies, insurance
and condemnation awards and proceeds, trade names, trademarks and service marks arising from
or related to the Property and any business conducted thereon by Trustor; all replacements,
additions, accessions and proceeds; and all books, records and files relating to any of the
foregoing.
All of the foregoing, together with the Property, is herein referred to as the "Security."
To have and to hold the Security together with acquittances to the Trustee, its successors and
assigns forever.
FOR THE PURPOSE OF SECURING THE FOLLOWING OBLIGATIONS (together,
the "Secured Obligations "):
A. Payment to Beneficiary of all sums at any time owing under or in connection with
(i) the Note (defined in Section 1.5 below) until paid in full or cancelled, and (ii) any other
amounts owing under the Loan Documents (defined in Section 1.4 below). Principal and other
payments are due and payable as provided in the Note or other Loan Documents, as applicable.
863\104\2237972.3 3
The Note and all its terms are incorporated herein by reference, and this conveyance secures any
and all extensions thereof, however evidenced;
B. Payment of any sums advanced by Beneficiary to protect the Security pursuant to
the terms and provisions of this Deed of Trust following a breach of Trustor's obligation to
advance said sums and the expiration of any applicable cure period, with interest thereon as
provided herein;
C. Performance of every obligation, covenant or agreement of Trustor contained
herein and in the Loan Documents; and
D. All modifications, extensions and renewals of any of the Secured Obligations
(including without limitation, (i) modifications, extensions or renewals at a different rate of
interest, or (ii) deferrals or acceleratio ns of the required principal payment dates or interest
payment dates or both, in whole or in part), however evidenced, whether or not any such
modification, extension or renewal is evidenced by a new or additional promissory note or notes.
AND TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR
COVENANTS AND AGREES:
ARTICLE 1
DEFINITIONS
In addition to the terms defined elsewhere in this Deed of Trust, the following terms have
the following meanings in this Deed of Trust:
Section 1.1 The term "Default Rate" means the lesser of the maximum rate permitted
by law and ten percent (10%) per annum.
Section 1.2 The term "Loan" means the loan made by Beneficiary to Trustor in the
amount of Three Hundred Fifty Thousand Dollars ($350,000).
Section 1.3 The term "Loan Agreement " means that certain CDBG Loan Agreement
between Trustor and Beneficiary, of even date herewith, as such may be amended from time to
time, providing for the Beneficiary to loan to Trustor Three Hundred Fifty Thousand Dollars
($350,000).
Section 1.4 The term "Loan Documents " means this Deed of Trust, the Note, the Loan
Agreement, the Regulatory Agreement, and any other agreements, debt, loan or security
instruments between Trustor and Beneficiary relating to the Loan.
Section 1.5 The term "Note" means the promissory note in the principal amount of
Three Hundred Fifty Thousand Dollars ($350,000) of even date herewith, executed by Trustor in
favor of Beneficiary, as it may be amended or restated, the payment of which is secured by this
Deed of Trust. The terms and provisions of the Note are incorporated herein by reference.
863\104\2237972.3 4
Section 1.6 The term "Principal " means the amounts required to be paid under the
Note.
Section 1.7 The term "Regulatory Agreement " means the Regulatory Agreement and
Declaration of Restrictive Covenants of even date herewith by and between Beneficiary and
Trustor and recorded concurrently herewith.
ARTICLE 2
MAINTENANCE AND MODIFICATION OF THE PROPERTY
AND SECURITY
Section 2.1 Maintenance and Modification of the Property by Trustor.
The Trustor agrees that at all times prior to full payment and performance of the Secured
Obligations, the Trustor will, at the Trustor's own expense, maintain, preserve and keep the
Security or cause the Security to be maintained and preserved in good condition. The Trustor
will from time to time make or cause to be made all repairs, replace ments and renewals deemed
proper and necessary by it. The Beneficiary has no responsibility in any of these matters or for
the making of improvements or additions to the Security.
Trustor agrees to pay fully and discharge (or cause to be paid fully and d ischarged) all
claims for labor done and for material and services furnished in connection with the Security,
diligently to file or procure the filing of a valid notice of cessation upon the event of a cessation
of labor on the work or construction on the Security for a continuous period of thirty (30) days or
more, and to take all other reasonable steps to forestall the assertion of claims of lien against the
Security or any part thereof. Trustor irrevocably appoints, designates and authorizes Beneficiary
as its agent (said agency being coupled with an interest) with the authority, but without any
obligation, to file for record any notices of completion or cessation of labor or any other notice
that Beneficiary deems necessary or desirable to protect its interest in and to the Security or the
Loan Documents; provided, however, that Beneficiary exercises its rights as agent of Trustor
only in the event that Trustor fails to take, or fails to diligently continue to take, those actions as
hereinbefore provided.
Upon demand by Beneficiary, Trustor shall make or cause to be made such demands or
claims as Beneficiary specifies upon laborers, materialmen, subcontractors or other persons who
have furnished or claim to have furnished labor, services or materials in connection with the
Security. Nothing herein contained requires Trustor to pay any claims for labor, materials or
services which Trustor in good faith disputes and is diligently contesting provided that Trustor
shall, within thirty (30) days after the filing of any claim of lien, record in the Office of the
Recorder of Contra Costa County, a surety bond in an amount 1 and 1/2 times the amount of
such claim item to protect against a claim of lien.
Section 2.2 Granting of Easements.
Trustor may not grant easements, licenses, rights-of-way or other rights or privileges in
the nature of easements with respect to any property or rights included in the Security except
those required or desirable for installation and maintenance of public utilities including, without
863\104\2237972.3 5
limita tion, water, gas, electricity, sewer, telephone and telegraph, or those required by law, and
as approved, in writing, by Beneficiary.
Section 2.3 Assignment of Rents.
As part of the consideration for the indebtedness evidenced by the Note, Trustor hereby
absolutely and unconditionally assigns and transfers to Beneficiary all the rents and revenues of
the Property including those now due, past due, or to become due by virtue of any lease or other
agreement for the occupancy or use of all or any part of the Property, regardless of to whom the
rents and revenues of the Property are payable, subject to the rights of senior lenders that are
approved by the Beneficiary pursuant to the Loan Agreement. Trustor hereby authorizes
Beneficiary or Beneficiary's agents to collect the aforesaid rents and revenues and hereby directs
each tenant of the Property to pay such rents to Beneficiary or Beneficiary's agents; provided,
however, that prior to written notice given by Beneficiary to Trustor of the breach by Trustor of
any covenant or agreement of Trustor in the Loan Documents, Trustor shall collect and receive
all rents and revenues of the Property as trustee for the benefit of Beneficiary and Trustor to
apply the rents and revenues so collected to the Secured Obligations with the balance, so long as
no such breach has occurred and is continuing, to the account of Trustor, it being intended by
Trustor and Beneficiary that this assignment of rents constitutes an absolute assignment and not
an assignment for additional security only. Upon delivery of written notice by Beneficiary to
Trustor of the breach by Trustor of any covenant or agreement of Trustor in the Loan
Documents, and without the necessity of Beneficiary entering upon and taking and maintaining
full control of the Property in person, by agent or by a court-appointed receiver, Beneficiary shall
immediately be entitled to possession of all rents and revenues of the Property as specified in this
Section 2.3 as the same becomes due and payable, including but not limited to, rents then due
and unpaid, and all such rents will immediately upon delivery of such notice be held by Trustor
as trustee for the benefit of Beneficiary only; provided, however, that the written notice by
Beneficiary to Trustor of the breach by Trustor contains a statement that Beneficiary exercises its
rights to such rents. Trustor agrees that commencing upon delivery of such written notice of
Trustor's breach by Beneficiary to Trustor, each tenant of the Property shall make such rents
payable to and pay such rents to Beneficiary or Beneficiary's agents on Beneficiary's written
demand to each tenant therefor, delivered to each tenant personally, by mail or by delivering
such demand to each rental unit, without any liability on the part of said tenant to inquire further
as to the existence of a default by Trustor.
Trustor hereby covenants that Trustor has not executed any prior assignment of said
rents, other than as security to lenders approved by Beneficiary pursuant to the Loan Agreement,
that Trustor has not performed, and will not perform, any acts or has not executed and will not
execute, any instrument which would prevent Beneficiary from exercising its rights under this
Section 2.3, and that at the time of execution of this Deed of Trust, there has been no anticipation
or prepayment of any of the rents of the Property for more than two (2) months prior to the due
dates of such rents. Trustor covenants that Trustor will not hereafter collect or accept payment
of any rents of the Property more than two (2) months prior to the due dates of such rents.
Trustor further covenants that, so long as the Secured Obligations are outstanding, Trustor will
execute and deliver to Beneficiary such further assignments of rents and revenues of the Property
as Beneficiary may from time to time request.
863\104\2237972.3 6
Upon Trustor's breach of any covenant or agreement of Trustor in the Loan Documents,
Beneficiary may in person, by agent or by a court-appointed receiver, regardless of the adequacy
of Beneficiary's security, enter upon and take and maintain full control of the Property in order to
perform all acts necessary and appropriate for the operation and maintenance thereof including,
but not limited to, the execution, cancellation or modification of leases, the collection of all rents
and revenues of the Property, the making of repairs to the Property and the execution or
termination of contracts providing for the management or maintenance of the Property, all on
such terms as are deemed best to protect the security of this Deed of Trust. In the event
Beneficiary elects to seek the appointment of a receiver for the Property upon Trustor's breach of
any covenant or agreement of Trustor in this Deed of Trust, Trustor hereby expressly consents to
the appointment of such receiver. Beneficiary or the receiver will be entitled to receive a
reasonable fee for so managing the Property.
All rents and revenues collected subsequent to delivery of written notice by Beneficiary
to Trustor of the breach by Trustor of any covenant or agreement of Trustor in the Loan
Documents are to be applied first to the costs, if any, of taking control of and managing the
Property and collecting the rents, including, but not limited to, attorney's fees, receiver's fees,
premiums on receiver's bonds, costs of repairs to the Property, premiums on insurance policies,
taxes, assessments and other charges on the Property, and the costs of discharging any obligation
or liability of Trustor as lessor or landlord of the Property and then to the sums secured by this
deed of Trust. Beneficiary or the receiver is to have access to the books and records used in the
operation and maintenance of the Property and will be liable to account only for those rents
actually received. Beneficiary is not liable to Trustor, anyone claiming under or through Trustor
or anyone having an interest in the Property by reason of anything done or left undone by
Beneficiary under this Section 2.3.
If the rents of the Property are not sufficient to meet the costs, if any, of taking control o f
and managing the Property and collecting the rents, any funds expended by Beneficiary for such
purposes will become part of the Secured Obligations pursuant to Section 3.3 hereof. Unless
Beneficiary and Trustor agree in writing to other terms of payment, such amounts are payable by
Trustor to Beneficiary upon notice from Beneficiary to Trustor requesting payment thereof and
will bear interest from the date of disbursement at the rate stated in Section 3.3.
If the Beneficiary or the receiver enters upon and takes and maintains control of the
Property, neither that act nor any application of rents as provided herein will cure or waive any
default under this Deed of Trust or invalidate any other right or remedy available to Beneficiary
under applicable law or under this Deed of Trust. This assignment of rents of the Property will
terminate at such time as this Deed of Trust ceases to secure the Secured Obligations.
ARTICLE 3
TAXES AND INSURANCE; ADVANCES
Section 3.1 Taxes, Other Governmental Charges and Utility Charges .
Trustor shall pay, or cause to be paid, prior to the date of delinquency, all taxes,
assessments, charges and levies imposed by any public authority or utility company that are or
863\104\2237972.3 7
may become a lien affecting the Security or any part thereof; provided, however, that Trustor is
not required to pay and discharge any such tax, assessment, charge or levy so long as (a) the
legality thereof is promptly and actively contested in good faith and by appropriate proceedings,
and (b) Trustor maintains reserves adequate to p ay any liabilities contested pursuant to this
Section 3.1. With respect to taxes, special assessments or other similar governmental charges,
Trustor shall pay such amount in full prior to the attachment of any lien therefor on any part of
the Security; provided, however, if such taxes, assessments or charges can be paid in
installments, Trustor may pay in such installments. Except as provided in clause (b) of the first
sentence of this paragraph, the provisions of this Section 3.1 may not be construed to require that
Trustor maintain a reserve account, escrow account, impound account or other similar account
for the payment of future taxes, assessments, charges and levies.
In the event that Trustor fails to pay any of the items required by this Section to be paid
by Trustor, Beneficiary may (but is under no obligation to) pay the same, after the Beneficiary
has notified the Trustor of such failure to pay and the Trustor fails to fully pay such items within
seven (7) business days after receipt of such notice. Any amount so advanced therefor by
Beneficiary, together with interest thereon from the date of such advance at the maximum rate
permitted by law, will become part of the Secured Obligations secured hereby, and Trustor
agrees to pay all such amounts.
Section 3.2 Provisions Respecting Insurance.
Trustor agrees to provide insurance conforming in all respects to that required under the
Loan Documents during the course of construction and following completion, and at all times
until all amounts secured by this Deed of Trust have been paid, all Secured Obligations secured
hereunder have been fulfilled, and this Deed of Trust has been reconveyed.
All such insurance policies and coverages are to be maintained at Trustor's sole cost and
expense. Certificates of insurance for all of the above insurance policies, showing the same to be
in full force and effect, are to be delivered to the Beneficiary upon demand therefor at any time
prior to Trustor's satisfaction of the Secured Obligations.
Section 3.3 Advances.
In the event the Trustor fails to maintain the full insurance coverage required by this
Deed of Trust or fails to keep the Security in accordance with the Loan Documents, the
Beneficiary, after at least seven (7) days prior notice to Trustor, may (but is under no obligation
to) (i) take out the required policies of insurance and pay the premiums on the same, and (ii)
make any repairs or replacements that are necessary and provide for payment thereof. All
amounts so advanced by the Beneficiary will become part of the Secured Obligations (together
with interest as set forth below) and will be secured hereby, which amounts the Trustor agrees to
pay on the demand of the Beneficiary, and if not so paid, will bear interest from the date of the
advance at the Default Rate.
863\104\2237972.3 8
ARTICLE 4
DAMAGE, DESTRUCTION OR CONDEMNATION
Section 4.1 Awards and Damages.
Subject to the rights of senior lenders, all judgments, awards of damages, settlements and
compensation made in connection with or in lieu of (1) the taking of all or any part of or any
interest in the Property by or under assertion of the power of eminent domain, (2) any damage to
or destruction of the Property or any part thereof by insured casualty, and (3) any other injury or
damage to all or any part of the Property (collectively, the "Funds") are hereby assigned to and
are to be paid to the Beneficiary by a check made payable to the Beneficiary. The Beneficiary is
authorized and empowered (but not required) to collect and receive any Funds and is authorized
to apply them in whole or in part to any indebtedness or obligation secured hereby, in such order
and manner as the Beneficiary determines at its sole option, subject to the provisions of Section
4.7 of the Loan Agreement regarding restoration of improvements following damage or
destruction. The Beneficiary is entitled to settle and adjust all claims under insurance policies
provided under this Deed of Trust and may deduct and retain from the proceeds of such
insurance the amount of all expenses incurred by it in connection with any such settle ment or
adjustment. Application of all or any part of the Funds collected and received by the Beneficiary
or the release thereof will not cure or waive any default under this Deed of Trust.
ARTICLE 5
AGREEMENTS AFFECTING THE PROPERTY; FURTHER
ASSURANCES; PAYMEN T OF PRINCIPAL AND INTEREST
Section 5.1 Other Agreements Affecting Property.
Trustor shall duly and punctually perform all terms, covenants, conditions and
agreements binding upon it under the Loan Documents and any other agreement of any nature
whatsoever now or hereafter involving or affecting the Security or any part thereof.
Section 5.2 Agreement to Pay Attorneys' Fees and Expenses.
In the event of any Event of Default (as defined in Section 7.1) hereunder, and if the
Beneficiary employs attorneys or incurs other expenses for the collection of amounts due
hereunder or the enforcement of performance or observance of an obligation or agreement on the
part of the Trustor in this Deed of Trust, the Trustor agrees that it will, on demand therefor, pay
to the Beneficiary the reasonable fees of such attorneys and such other reasonable expenses so
incurred by the Beneficiary. Any such amounts paid by the Beneficiary will be added to the
Secured Obligations, and will bear interest from the date such expenses are incurred at the
Default Rate.
Section 5.3 Payment of the Principal.
The Trustor shall pay to the Beneficiary the Principal and any other payments as set forth
in the Note in the amounts and by the times set out therein.
863\104\2237972.3 9
Section 5.4 Personal Property.
To the maximum extent permitted by law, the p ersonal property subject to this Deed of
Trust is deemed to be fixtures and part of the real property and this Deed of Trust constitutes a
fixtures filing under the California Commercial Code. As to any personal property not deemed
or permitted to be fixtures, this Deed of Trust constitutes a security agreement under the
California Commercial Code.
Section 5.5 Financing Statement.
The Trustor shall execute and deliver to the Beneficiary such financing statements
pursuant to the appropriate statutes, and any other documents or instruments as are required to
convey to the Beneficiary a valid perfected security interest in the Security. The Trustor shall
perform all acts that the Beneficiary reasonably requests so as to enable the Beneficiary to
maintain a valid perfected security interest in the Security in order to secure the payment of the
Note in accordance with its terms. The Beneficiary is authorized to file a copy of any such
financing statement in any jurisdiction(s) as it deems appropriate from time to time in order to
protect the security interest established pursuant to this instrument.
Section 5.6 Operation of the Security.
The Trustor shall operate the Security (and, in case of a transfer of a portion of the
Security subject to this Deed of Trust, the transferee shall operate such portion of the Security) in
full compliance with the Loan Documents.
Section 5.7 Inspection of the Security.
At any and all reasonable times upon seventy-two (72) hours' notice, the Beneficiary and
its duly authorized agents, attorneys, experts, engine ers, accountants and representatives, may
inspect the Security, without payment of charges or fees.
Section 5.8 Nondiscrimination.
The Trustor herein covenants by and for itself, its heirs, executors, administrators, and
assigns, and all persons claiming under or through them, that there will be no discrimination
against or segregation of, any person or group of persons on account of race, color, creed,
religion, age, sex, sexual orientation, marital status, national origin or ancestry in the sale, lease,
sublease, transfer, use, occupancy, tenure or enjoyment of the Security, nor will the Trustor itself
or any person claiming under or through it establish or permit any such practice or practices of
discrimination or segregation with reference to the selection, locatio n, number, use or occupancy
of tenants, lessees, subtenants, sublessees or vendees in the Security. The foregoing covenants
run with the land.
863\104\2237972.3 10
ARTICLE 6
HAZARDOUS WASTE
Trustor shall keep and maintain the Property (including, but not limited to, soil and
ground water conditions) in compliance with all Hazardous Materials Laws and shall not cause
or permit the Property to be in violation of any Hazardous Materials Law (defined below).
Trustor may not cause or permit the use, generation, manufacture, storage or d isposal of on,
under, or about the Property or transportation to or from the Property of (i) any substance,
material, or waste that is petroleum, petroleum-related, or a petroleum by-product, asbestos or
asbestos-containing material, polychlorinated biphenyls, flammable, explosive, radioactive, freon
gas, radon, or a pesticide, herbicide, or any other agricultural chemical, and (ii) any waste,
substance or material defined as or included in the definition of "hazardous substances,"
"hazardous wastes," "hazardous materials," "toxic materials ", "toxic waste", "toxic substances,"
or words of similar import under any Hazardous Materials Law (collectively referred to
hereinafter as "Hazardous Materials "), except such of the foregoing as may be customarily used
in construction or operation of a multi-family residential development.
Trustor shall immediately advise Beneficiary in writing if at any time it receives written
notice of: (i) any and all enforcement, cleanup, removal or other governmental or regulatory
actions instituted, completed or threatened against Trustor or the Property pursuant to any
applicable federal, state or local laws, ordinances, or regulations relating to any Hazardous
Materials, health, industrial hygiene, environmental conditions, or the regulation or protection of
the environment, and all amendments thereto as of this date and to be added in the future and any
successor statute or rule or regulation promulgated thereto ("Hazardous Materials Law"); (ii) all
claims made or threatened by any third party against Trustor or the Property relating to damage,
contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials
(the matters set forth in clauses (i) and (ii) above are hereinafter referred to as "Hazardous
Materials Claims "); and (iii) Trustor's discovery of any occurrence or condition on any real
property adjoining or in the vicinity of the Property that could cause the Property or any part
thereof to be subject to any restrictions on the ownership, occupa ncy, transferability or use of the
Property under any Hazardous Materials Law, including without limitation under the provisions
of California Health and Safety Code, Sections 25220 et seq., or any regulation adopted in
accordance therewith.
Beneficiary ha s the right to join and participate in, as a party if it so elects, and be
represented by counsel acceptable to Beneficiary (or counsel of its own choice if a conflict exists
with Trustor) in, any legal proceedings or actions initiated in connection with a ny Hazardous
Materials Claims, and to have its reasonable attorneys' fees in connection therewith paid by
Trustor.
Trustor shall indemnify and hold harmless Beneficiary and its boardmembers, directors,
officers, employees, agents, successors and assigns from and against any loss, damage, cost, fine,
penalty, judgment, award, settlement, expense or liability, directly or indirectly arising out of or
attributable to: (i) any actual or alleged past or present violation of any Hazardous Materials
Law; (ii) any Hazardous Materials Claim; (iii) any actual or alleged past or present use,
generation, manufacture, storage, release, threatened release, discharge, disposal, transportation,
or presence of Hazardous Materials on, under, or about the Property; (iv) any investigation,
863\104\2237972.3 11
cleanup, remediation, removal, or restoration work of site conditions of the Property relating to
Hazardous Materials (whether on the Property or any other property); and (v) the breach of any
representation of warranty by or covenant of Trustor in this Article, and Section 5.1(l) of the
Loan Agreement. Such indemnity must include, without limitation: (x) all consequential
damages; (y) the costs of any required or necessary investigation, repair, cleanup or
detoxification of the Property and the preparation and implementation of any closure, remedial or
other required plans; and (z) all reasonable costs and expenses incurred by Beneficiary in
connection with clauses (x) and (y), including but not limited to reasonable attorneys' fees and
consultant fees. This indemnification applies whether or not any government agency has issued
a cleanup order. Losses, claims, costs, suits, liability, and expenses covered by this
indemnification provision include, but are not limited to: (1) losses attrib utable to diminution in
the value of the Property; (2) loss or restriction of use of rentable space on the Property; (3)
adverse effect on the marketing of any rental space on the Property; and (4) penalties and fines
levied by, and remedial or enforcement actions of any kind issued by any regulatory agency
(including but not limited to the costs of any required testing, remediation, repair, removal,
cleanup or detoxification of the Property and surrounding properties). This obligation to
indemnify will survive reconveyance of this Deed of Trust and will not be diminished or affected
in any respect as a result of any notice, disclosure, knowledge, if any, to or by Beneficiary of
Hazardous Materials.
Without Beneficiary's prior written consent, which may not be unreasonably withheld,
Trustor may not take any remedial action in response to the presence of any Hazardous Materials
on, under or about the Property, nor enter into any settlement agreement, consent decree, or other
compromise in respect to any Hazardous Material Claims, which remedial action, settlement,
consent decree or compromise might, in Beneficiary's reasonable judgment, impairs the value of
the Beneficiary's security hereunder; provided, however, that Beneficiary's prior consent is not
necessary in the event that the presence of Hazardous Materials on, under, or about the Property
either poses an immediate threat to the health, safety or welfare of any individual or is of such a
nature that an immediate remedial response is necessary and it is not reasonably possible to
obtain Beneficiary's consent before taking such action, provided that in such event Trustor
notifies Beneficiary as soon as practicable of any action so taken. Beneficiary agrees not to
withhold its consent, where such consent is required hereunder, if (i) a particular remedial action
is ordered by a court of competent jurisdiction; (ii) Trustor will or may be subjected to civil or
criminal sanctions or penalties if it fails to take a required action; (iii) Trustor establishes to the
reasonable satisfaction of Beneficiary that there is no reasonable alternative to such remedial
action which would result in less impairment of Beneficiary's security hereunder; or (iv) the
action has been agreed to by Beneficiary.
The Trustor hereby acknowledges and agrees that (i) this Article is intended as the
Beneficiary's written request for information (and the Trustor's response) concerning the
environmental condition of the Property as required by California Code of Civil Procedure
Section 726.5, and (ii) each representation and warranty in this Deed of Trust or any of the other
Loan Documents (together with any indemnity applicable to a breach of any such representation
and warranty) with respect to the environmental condition of the Property is intended by the
Beneficiary and the Trustor to be an "environmental provision" for purposes of California Code
of Civil Procedure Section 736.
863\104\2237972.3 12
In the event that any portion of the Property is determined to be "environmentally
impaired " (as that term is defined in California Code of Civil Procedure Section 726.5(e)(3)) or
to be an "affected parcel" (as that term is defined in California Code of Civil Procedure Section
726.5(e)(1)), then, without otherwise limiting or in any way affecting the Beneficiary's or the
Trustee's rights and remedies under this Deed of Trust, the Beneficiary may elect to exercise its
rights under California Code of Civil Procedure Section 726.5(a) to (1) waive its lien on such
environmentally impaired or affected portion of the Property and (2) exercise (a) the rights and
remedies of an unsecured creditor, including reduction of its claim against the Trustor to
judgment, and (b) any other rights and remedies permitted by law. For purposes of determining
the Beneficiary's right to proceed as an unsecured creditor under California Code of Civil
Procedure Section 726.5(a), the Trustor will be deemed to have willfully permitted or acquiesced
in a release or threatened release of hazardous materials, within the meaning of California Code
of Civil Procedure Section 726.5(d)(1), if the release or threatened release of hazardous materials
was knowingly or negligently caused or contributed to by any lessee, occupant, or user of any
portion of the Property and the Trustor knew or should have known of the activity by such
lessee, occupant, or user which caused or contributed to the release or threatened release. All
costs and expenses, including (but not limited to) attorneys ' fees, incurred by the Beneficiary in
connection with any action commenced under this paragraph, including any action required by
California Code of Civil Procedure Section 726.5(b) to determine the degree to which the
Property is environmentally impaired, plus interest thereon at the Default Rate until paid, will be
added to the indebtedness secured by this Deed of Trust and will be due and payable to the
Beneficiary upon its demand made at any time following the conclusion of such action.
ARTICLE 7
EVENTS OF DEFAULT AND REMEDIES
Section 7.1 Events of Default.
The following are events of default following the expiration of any applicable notice and
cure periods (each an "Event of Default "): (i) failure to make any payment to be paid by Trustor
under the Loan Documents; (ii) failure to observe or perform any of Trustor's other covenants,
agreements or obligations under the Loan Documents, including, without limitation, the
provisions concerning discrimination; (iii) failure to make any payment or observe or perform
any of Trustor's other covenants, agreements, or obligations under any Secured O bligations,
which default is not cured within the times and in the manner provided therein; and (iv) failure to
make any payments or observe or perform any of Trustor's other covenants, agreements or
obligations under any other debt instrument or regulator y agreement secured by the Property,
which default is not cured within the time and in the manner provided therein.
Beneficiary shall provide notice of an Event of Default in the manner set forth in the
Loan Agreement.
Section 7.2 Acceleration of Maturity.
If an Event of Default has occurred and is continuing, then at the option of the
Beneficiary, the amount of any payment related to the Event of Default and all unpaid Secured
Obligations are immediately due and payable, and no omission on the part of the Beneficiary to
863\104\2237972.3 13
exercise such option when entitled to do so may be construed as a waiver of such right.
Section 7.3 The Beneficiary's Right to Enter and Take Possession.
If an Event of Default has occurred and is continuing, the Beneficiary may:
(a) Either in person or by agent, with or without bringing any action or
proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its
security, enter upon the Property and take possession thereof (or any part thereof) and of any of
the Security, in its own name or in the name of Trustee, and do any acts that it deems necessary
or desirable to preserve the value or marketability of the Property, or part thereof or interest
therein, increase the income therefrom or protect the security thereof. The entering upon and
taking possession of the Security will not cure or waive any Event of Default or Notice of Sale
(as defined in Section 7.3(c), below) hereunder or invalidate any act done in response to such
Event of Default or pursuant to such Notice of Sale, and, notwithstanding the continuance in
possession of the Security, Beneficiary will be entitled to exercise every right provided for in this
Deed of Trust, or by law upon occurrence of any Event of Default, including the right to exercise
the power of sale;
(b) Commence an action to foreclose this Deed of Trust as a mortgage,
appoint a receiver, or specifically enforce any of the covenants hereof;
(c) Deliver to Trustee a written declaration of an Event of Default and
demand for sale, and a written notice of default and election to cause Trustor's interest in the
Security to be sold ("Notice of Sale"), which notice Trustee or Beneficiary shall cause to be duly
filed for record in the Official Records of Contra Costa County; or
(d) Exercise all other rights and remedies provided herein, in the instruments
by which the Trustor acquires title to any Security, or in any other document or agreement now
or hereafter evidencing, creating or securing the Secured Obligations.
Section 7.4 Foreclosure By Power of Sale.
Should the Beneficiary elect to foreclose by exercise of the power of sale herein
contained, the Beneficiary shall deliver to the Trustee the Notice of Sale and shall deposit with
Trustee this Deed of Trust which is secured hereby (and the deposit of which will be deemed to
constitute evidence that the Secured Obligations are immediately due and payable), and such
receipts and evidence of any expenditures made that are additionally secured hereby as Trustee
may require.
(a) Upon receipt of the Notice of Sale from the Beneficiary, Trustee shall
cause to be recorded, published and delivered to Trustor such Notice of Sale as is then required
by law and by this Deed of Trust. Trustee shall, without demand on Trustor, after the lapse of
that amount of time as is then required by law and after recordation of such Notice of Sale as
required by law, sell the Security, at the time and place of sale set forth in the Notice of Sale,
whether as a whole or in separate lots or parcels or items, as Trustee deems expedient and in
such order as it determines, unless specified otherwise by the Trustor according to California
Civil Code Section 2924g(b), at public auction to the highest bidder, for cash in lawful money of
863\104\2237972.3 14
the United States payable at the time of sale. Trustee shall deliver to such purchaser or
purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but
without any covenant or warranty, express or implied. The recitals in such deed or any matters
of facts will be conclusive proof of the truthful ness thereof. Any person, including, without
limitation, Trustor, Trustee or Beneficiary, may purchase at such sale.
(b) After deducting all reasonable costs, fees and expenses of Trustee,
including costs of evidence of title in connection with such sale, Trustee shall apply the proceeds
of sale to payment of: (i) the unpaid Principal amount of the Note; (ii) all other Secured
Obligations owed to Beneficiary under the Loan Documents ; (iii) all other sums then secured
hereby; and (iv) the remainder, if any, to Trustor.
(c) Trustee may postpone sale of all or any portion of the Property by public
announcement at such time and place of sale, and from time to time thereafter, and without
further notice make such sale at the time fixed by the last postponement, o r may, in its discretion,
give a new Notice of Sale.
Section 7.5 Receiver.
If an Event of Default occurs and is continuing, Beneficiary, as a matter of right and
without further notice to Trustor or anyone claiming under the Security, and without regard to
the then value of the Security or the interest of Trustor therein, may apply to any court having
jurisdiction to appoint a receiver or receivers of the Security (or a part thereof), and Trustor
hereby irrevocably consents to such appointment and waives further notice of any application
therefor. Any such receiver or receivers will have all the usual powers and duties of receivers in
like or similar cases, and all the powers and duties of Beneficiary in case of entry as provided
herein, and will continue as such and exercise all such powers until the date of confirmation of
sale of the Security, unless such receivership is sooner terminated.
Section 7.6 Remedies Cumulative.
No right, power or remedy conferred upon or reserved to the Beneficiary by this Deed of
Trust is intended to be exclusive of any other right, power or remedy, but each and every such
right, power and remedy will be cumulative and concurrent and will be in addition to any other
right, power and remedy given hereunder or now or hereafter existing at law or in equity.
Section 7.7 No Waiver.
(a) No delay or omission of the Beneficiary to exercise any right, power or
remedy accruing upon any Event of Default will exhaust or impair any such right, power or
remedy, and may not be construed to be a waiver of any such Event of Default or acquiescence
therein; and every right, power and remedy given by this Deed of Trust to the Beneficiary may
be exercised from time to time and as often as may be deemed expeditious by the Beneficiary.
Beneficiary's express or implied consent to breach, or waiver of, any obligation of the Trustor
hereunder will not be deemed or construed to be a consent to any subsequent breach, or further
waiver, of such obligation or of any other obligations of the Trustor hereunder. Failure on the
part of the Beneficiary to complain of any act or failure to act or to declare an Event of Default,
irrespective of how long such failure continues, will not constitute a waiver by the Beneficiary of
863\104\2237972.3 15
its right hereunder or impair any rights, power or remedies consequent on any Event of Default
by the Trustor.
(b) If the Beneficiary (i) grants forbearance or an extension of time for the
payment or performance of any Secured Obligation, (ii) takes other or additional security or the
payment of any sums secured hereby, (iii) waives or does not exercise any right granted in the
Loan Documents, (iv) releases any part of the Security from the lien of this Deed of Trust, or
otherwise changes any of the terms, covenants, conditions or agreements in the Loan Documents,
(v) consents to the granting of any easement or other right affecting the Security, or (vi) makes or
consents to any agreement subordinating the lien hereof, any such act or omission will not
release, discharge, modify, change or affect the original liability under this Deed of Trust, or any
other obligation of the Trustor or any subsequent purchaser of the Security or any part thereof, or
any maker, co-signer, endorser, surety or guarantor (unless expressly released); nor will any such
act or omission preclude the Beneficiary from exercising any right, power or privilege herein
granted or intended to be granted in any Event of Default then made or of any subsequent Event
of Default, nor, except as otherwise expressly provided in an instrument or instruments executed
by the Beneficiary, will the lien of this Deed of Trust be altered thereby.
Section 7.8 Suits to Protect the Security.
The Beneficiary has the power to (a) institute and maintain such suits and proceedings as
it may deem expedient to prevent any impairment of the Security and the rights of the
Beneficiary as may be unlawful or any violation of this Deed of Trust, (b) preserve or protect its
interest (as described in this Deed of Trust) in the Security, and (c) restrain the enforcement of or
compliance with any legislatio n or other governmental enactment, rule or order that may be
unconstitutional or otherwise invalid, if the enforcement for compliance with such enactment,
rule or order would impair the Security thereunder or be prejudicial to the interest of the
Beneficia ry.
Section 7.9 Trustee May File Proofs of Claim.
In the case of any receivership, insolvency, bankruptcy, reorganization, arrangement,
adjustment, composition or other proceedings affecting the Trustor, its creditors or its property,
the Beneficiary, to the extent permitted by law, will be entitled to file such proofs of claim and
other documents as may be necessary or advisable in order to have the claims of the Beneficiary
allowed in such proceedings and for any additional amount that becomes due and payable by the
Trustor hereunder after such date.
Section 7.10 Waiver.
The Trustor waives presentment, demand for payment, notice of dishonor, notice of
protest and nonpayment, protest, notice of interest on interest and late charges, and diligence in
taking any action to collect any Secured Obligations or in proceedings against the Security, in
connection with the delivery, acceptance, performance, default, endorsement or guaranty of this
Deed of Trust.
863\104\2237972.3 16
ARTICLE 8
MISCELLANEOUS
Section 8.1 Amendments.
This Deed of Trust cannot be waived, changed, discharged or terminated orally, but only
by an instrument in writing signed by Beneficiary and Trustor.
Section 8.2 Reconveyance by Trustee.
Upon written request of Beneficiary stating that all Secured Obligations have been paid
or forgiven, and all obligations under the Loan Documents have been performed in full, and
upon surrender of this Deed of Trust to Trustee for cancellation and retention, and upon payment
by Trustor of Trustee's reasonable fees, Trustee shall reconvey the Security to Trustor, or to the
person or persons legally entitled thereto.
Section 8.3 Notices.
If at any time after the execution of this Deed of Trust it becomes necessary or
convenient for one of the parties hereto to serve any notice, demand or communication upon the
other party, such notice, demand or communication must be in writing and is to be served
personally or by depositing the same in the registered United States mail, return receipt
requested, postage prepaid and (1) if intended for Beneficiary is to be addressed to:
County of Contra Costa
Department of Conservation and Development
30 Muir Road
Martinez, CA 94553
Attention: Assistant Deputy Director
and (2) if intended for Trustor is to be addressed to:
Chesley Avenue Limited Partnership
c/o Eden Housing, Inc.
409 Jackson Street
Hayward, CA 94544
Attention: Executive Director
With a copy to:
Apollo Tax Credit Fund-XXIX Limited Partnership
c/o RBC Tax Credit Equity, LLC
600 Superior Avenue
Suite 2300
Cleveland, OH 44114
Attention: President and General Counsel
with a copy to:
RBC Tax Credit Manager II, Inc.
c/o RBC Tax Credit Equity, LLC
863\104\2237972.3 17
600 Superior Avenue
Suite 2300
Cleveland, OH 44114
Attention: President and General Counsel
Any notice, demand or communication will be deemed given, received, made or communicated
on the date personal delivery is effected or, if mailed in the manner herein specified, on the
delivery date or date delivery is refused by the addressee, as shown on the return receipt. Either
party may change its address at any time by giving written notice of suc h change to Beneficiary
or Trustor as the case may be, in the manner provided herein, at least ten (10) days prior to the
date such change is desired to be effective.
Section 8.4 Successors and Joint Trustors.
Where an obligation created herein is binding upon Trustor, the obligation also applies to
and binds any transferee or successors in interest. Where the terms of the Deed of Trust have the
effect of creating an obligation of the Trustor and a transferee, such obligation will be deemed to
be a joint and several obligation of the Trustor and such transferee. Where Trustor is more than
one entity or person, all obligations of Trustor will be deemed to be a joint and several obligation
of each and every entity and person comprising Trustor.
Section 8.5 Captions.
The captions or headings at the beginning of each Section hereof are for the convenience
of the parties and are not a part of this Deed of Trust.
Section 8.6 Invalidity of Certain Provisions.
Every provision of this Deed of Trust is intended to be severable. In the event any term
or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court or
other body of competent jurisdiction, such illegality or invalidity will not affect the balance of
the terms and provisions hereof, which terms and provisions will remain binding and
enforceable. If the lien of this Deed of Trust is invalid or unenforceable as to any part of the
debt, or if the lien is invalid or unenforceable as to any part of the Security, the unsecured or
partially secured portion of the debt, and all payments made on the debt, whether voluntary or
under Foreclosure (as defined in Section 8.14) or other enforcement action or procedure, will be
considered to have been first paid or applied to the full payment of that portion of the debt that is
not secured or partially secured by the lien of this Deed of Trust.
Section 8.7 Governing Law.
This Deed of Trust is governed by the laws of the State of California.
Section 8.8 Gender and Number.
In this Deed of Trust the singular includes the plural and the masculine includes the
feminine and neuter and vice versa, if the context so requires.
863\104\2237972.3 18
Section 8.9 Deed of Trust, Mortgage.
Any reference in this Deed of Trust to a mortgage also refers to a deed of trust and any
reference to a deed of trust also refers to a mortgage.
Section 8.10 Actions.
Tr ustor shall appear in and defend any action or proceeding purporting to affect the
Security.
Section 8.11 Substitution of Trustee.
Beneficiary may from time to time substitute a successor or successors to any Trustee
named herein or acting hereunder to execute this Trust. Upon such appointment, and without
conveyance to the successor trustee, the latter will be vested with all title, powers, and duties
conferred upon any Trustee herein named or acting hereunder. Each such appointment and
substitution is to be made by written instrument executed by Beneficiary, containing reference to
this Deed of Trust and its place of record, which, when duly recorded in the proper office of the
county or counties in which the Property is situated, will be conclusive proof of proper
appointment of the successor trustee.
Section 8.12 Statute of Limitations.
The pleading of any statute of limitations as a defense to any and all obligations secured
by this Deed of Trust is hereby waived to the full extent permissible by law.
Section 8.13 Acceptance by Trustee.
Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is
made public record as provided by law. Except as otherwise provided by law, the Trustee is not
obligated to notify any party hereto of a pending sale under this Deed of Trust or of any action or
proceeding in which Trustor, Beneficiary, or Trustee is a party unless brought by Trustee.
Section 8.14 Tax Credit Provisions.
Notwithstanding anything to the contrary contained herein or in any documents secured
by this Deed of Trust or contained in any subordination agreement, and to the extent applicable,
the Beneficiary acknowledges and agrees that in the event of a foreclosure or deed -in -lieu of
foreclosure (collectively, "Foreclosure ") with respect to the Security encumbered by this Deed of
Trust, the following rule contained in 26 U.S.C. Section 42(h)(6)(E)(ii), as amended, applies:
For a period of three (3) years from the date of Foreclosure, with respect to an existing
tenant of any low-income unit, (i) such tenant may not be subject to eviction or termination of
their tenancy (other than for good cause), (ii) nor may such tenant's gross rent with respect to
such unit be increased, except as otherwise permitted under Section 42 of the Internal Revenue
Code.
Signature page
County Deed of Trust
863\104\2237972.3
19
IN WITNESS WHEREOF, Tr ustor has executed this Deed of Trust as of the day and year first
above written.
CHESLEY AVENUE LIMITED PARTNERSHIP , a
California limited partnership
By: Chesley Avenue LLC, a California limited liability
company, its general partner
By: Eden Housing, Inc., a California nonprofit
public benefit corporation, its member
By: ___________________________
Linda Mandolini,
Executive Director
By: Community Housing Development
Corporation of North Richmond., a
California nonprofit public benefit
corporation, its member
By: ___________________________
Don Gilmore,
Executive Director
863\104\2237972.3
STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public,
personally appeared ______________________________________, who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Notary Public
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
A-1
863\104\2237972.3
EXHIBIT A
LEGAL DESCRIPTION
The land is situated in the State of California, County of Contra Costa, and is described as
follows:
LOTS 8 THROUGH 28, INCLUSIVE, BLOCK 210, AS SHOWN ON THE MAP OF WALLS SECOND ADDITION
TO THE CITY OF RICHMOND, FILED MARCH 4, 1912, IN BOOK 6 OF MAPS, PAGE 140, CONTRA COSTA
COUNTY RECORDS.
APN: 561-251-003
863\104\2238141.3 1
PROMISSORY NOTE
Chesley Mutual Housing
(CDBG Funds)
$350,000 Martinez, California
April 1, 2019
FOR VALUE RECEIVED, the undersigned Chesley Avenue Limited Partnership ,
a California limited partnership ("Borrower ") hereby promises to pay to the order of the County
of Contra Costa, a political subdivision of the State of California ("Holder "), the principal
amount of Three Hundred Fifty Thousand Dollars ($350,000) plus interest thereon pursuant to
Section 2 below.
All capitalized terms used but not defined in this Note have the meanings set forth in the
Loan Agreement.
1. Borrower's Obligation. This Note evidences Borrower's obligation to repay
Holder the principal amount of Three Hundred Fifty Thousand Dollars ($350,000) with interest
for the funds loaned to Borrower by Holder to finance the rehabilitation of the Development
pursuant to the CDBG Loan Agreement between Borrower and Holder of even date herewith
(the "Loan Agreement ").
2. Interest.
(a) Subject to the provisions of Subsection (b) below, the Loan bears simple
interest at a rate of three percent (3%) per annum from the date of disbursement until full
repayment of the principal balance of the Loan.
(b) If an Event of Default occurs, interest will accrue on all amounts due
under this Note at the Default Rate until such Event of Default is cured by Borrower or waived
by Holder.
3. Term and Repayment Requirements. Principal and interest under this Note is due
and payable as set forth in Section 2.8 of the Loan Agreement. The unpaid principal balance
hereunder, together with accrued interest thereon, is due and payable no later than the date that is
the forty-fifth (45th) anniversary of the Completion Date; provided, however, if a record of the
Completion Date cannot be located or established, the Loan is due and payable on the forty-sixth
(46th) anniversary of the date of this Note.
4. No Assumption. This Note is not assumable by the successors and assigns of
Borrower without the prior written consent of Holder, except as provided in the Loan
Agreement.
5. Security. This Note, with interest, is secured by the Deed of Trust. Upon
execution, the Deed of Trust will be recorded in the official records of Contra Costa County,
California. Upon recordation of the Deed of Trust, this Note will become nonrecourse to
863\104\2238141.3 2
Borrower and Borrower's partners, pursuant to and except as provided in Section 2.9 of the Loan
Agreement which Section 2.9 is hereby incorporated into this Note. The terms of the Deed of
Trust are hereby incorporated into this N ote and made a part hereof.
6. Terms of Payment.
(a) Borrower shall make all payments due under this Note in currency of the
United States of America to Holder at Department of Conservation and Development, 30 Muir
Road, Martinez, CA 94553, Attention: Affordable Housing Program Manager, or to such other
place as Holder may from time to time designate.
(b) All payments on this Note are without expense to Holder. Borrower shall
pay all costs and expenses, including re-conveyance fees and reasonable attorneys' fees of
Holder, incurred in connection with the enforcement of this Note and the release of any security
hereof.
(c) Notwithstanding any other provision of this Note, or any instrument
securing the obligations of Borrower under this Note, if, for any reason whatsoever, the payment
of any sums by Borrower pursuant to the terms of this Note would result in the payment of
interest that exceeds the amount that Holder may legally charge under the laws of the State of
California, then the amount by which payments exceed the lawful interest rate will automatically
be deducted from the principal balance owing on this Note, so that in no event is Borrower
obligated under the terms of this Note to pay any interest that would exceed the lawful rate.
(d) The obligations of Borrower under this Note are absolute and Borrower
waives any and all rights to offset, deduct or withhold any payments or charges due under this
Note for any reason whatsoever.
7. Event of Default; Acceleration.
(a) Upon the occurrence of an Event of Default, the entire unpaid principal
balance, together with all interest thereon, and together with all other sums then payable under
this Note and the Deed of Trust will, at the option of Holder, become immediately due and
payable without further demand.
(b) Holder's failure to exercise the remedy set forth in Subsection 7(a) above
or any other remedy provided by law upon the occurrence of an Event of Default does not
constitute a waiver of the right to exercise any remedy at any subsequent time in respect to t he
same or any other Event of Default. The acceptance by Holder of any payment that is less than
the total of all amounts due and payable at the time of such payment does not constitute a waiver
of the right to exercise any of the foregoing remedies or op tions at that time or at any subsequent
time, or nullify any prior exercise of any such remedy or option, without the express consent of
Holder, except as and to the extent otherwise provided by law.
8. Waivers.
(a) Borrower hereby waives diligence, presentment, protest and demand, and
863\104\2238141.3 3
notice of protest, notice of demand, notice of dishonor and notice of non-payment of this Note.
Borrower expressly agrees that this Note or any payment hereunder may be extended from time
to time, and that Holder may accept further security or release any security for this Note, all
without in any way affecting the liability of Borrower.
(b) Any extension of time for payment of this Note or any installment hereof
made by agreement of Holder with any person now or hereafter liable for payment of this Note
must not operate to release, discharge, modify, change or affect the original liability of Borrower
under this Note, either in whole or in part.
9. Miscellaneous Provisions.
(a) All notices to Holder or Borrower are to be given in the manner and at the
addresses set forth in the Loan Agreement, or to such addresses as Holder and Borrower may
therein designate.
(b) Borrower promises to pay all costs and expenses, including reasonable
attorney's fees, incurred by Holder in the enforcement of the provisions of this Note, regardless
of whether suit is filed to seek enforcement.
(c) This Note is governed by the laws of the State of California.
(d) The times for the performance of any obligations hereunder are to be
strictly construed, time being of the essence.
(e) The Loan Documents, of which this Note is a part, contain the entire
agreement between the parties as to the Loan. This Note may not be modified except upon the
written consent of the parties.
[signature on following page]
signature page
County Loan Promissory Note
863\104\2238141.3
4
IN WITNESS WHEREOF, Borrower is executing this Promissory Note as of the day and
year first above written.
CHESLEY AVENUE LIMITED PARTNERSHIP , a
California limited partnership
By: Chesley Avenue LLC, a California limited liability
company, its general partner
By: Eden Housing, Inc., a California nonprofit
public benefit corporation, its member
By: ___________________________
Linda Mandolini,
Executive Director
By: Community Housing Development
Corporation of North Richmond., a
California nonprofit public benefit
corporation, its member
By: ___________________________
Don Gilmore,
Executive Director
1
863\104\2216717.5
CDBG LOAN AGREEMENT
Chesley Mutual Housing
This CDBG Loan Agreement (the "Agreement ") is dated _________________, 2019, and is
between the County of Contra Costa, a political subdivision of the State of California (the
"County"), and Chesley Avenue Limited Partnership, a California limited partnership
("Borrower ").
RECITALS
A. Defined terms used but not defined in these recitals are as defined in Article 1 of
this Agreement.
B. The County has received funds from the United States Department of Housing
and Urban Development ("HUD") under Title I of the Housing and Community Development
Act of 1974, as amended ("CDBG Funds"). The CDBG Funds must be used by the County in
accordance with 24 C.F.R. Part 570.
C. Borrower is the owner of the real property commonly known as 802 Chesley
Avenue, located in the County of Contra Costa, State of California, as more particularly
described in Exhibit A (the "Property"). Borrower intends to rehabilitate the thirty (30)
multifamily housing units currently existing on the Property, twenty-nine (29) of which will be
for rental to extremely low and very low income households, including one (1) manager's unit
(the "Development "). The Development, as well as all landscaping, roads and parking spaces on
the Property and any additional improvements on the Property, are the "Improvements ".
D. Borrower desires to borrow from the County Three Hundred Fifty Thousand Dollars
($350,000) of CDBG Funds (the "Loan").
E. The Loan is evidenced by this Agreement, the Note, and the Regulatory
Agreement, and is secured by the Deed of Trust.
F. The Loan is being made to finance rehabilitation costs of the Development.
Rehabilitation of the Development is intended to maintain the supply of affordable rental
housing in Contra Costa County. Due to the assistance provided Borrower through the Loan, the
County is designating twenty-nine (29) units as CDBG-assisted units (the "County-Assisted
Units").
G. The County has determined the Development to be categorically exempt pursuant
to the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.)
("CEQA").
H. In accordance with the National Environmental Policy Act of 1969, as amended
(42 U.S.C. 4321-4347) ("NEPA"), the County has completed and approved all applicable
environmental review for the activities proposed to be undertaken under this Agreement.
2
863\104\2216717.5
The parties therefore agree as follows:
AGREEMENT
ARTICLE 1 DEFINITIONS AND EXHIBITS
Section 1.1 Definitions.
The following terms have the following meanings:
(a) "Agreement " means this CDBG Loan Agreement.
(b) "AHP Loan" has the meaning set forth in Section 1.1(d)(iv).
(c) "Approved Development Budget" means the proforma development
budget, including sources and uses of funds, as approved by the County, and attached hereto and
incorporated herein as Exhibit B.
(d) "Approved Financing" means Borrower's existing debt on the Property,
which consists of all of the following loans, grants, and equity obtained by Borrower and
approved by the County for the purpose of financing the acquisition of the Property and
constructio n of the Development:
(i) loan from the City in the amount of Two Hundred Twenty-Three
Thousand Five Hundred Dollars ($223,500), secured by a deed of trust recorded on December
17, 2003, as Instrument No. 2003-0605380 (the "City Loan");
(ii) multi-family housing revenue tax exempt bonds in the approximate
amount of Five Million Five Hundred Seventy-Four Thousand Dollars ($5,574,000) issued by
the County of Contra Costa that are purchased by U.S. Bank National Association (the "Bank"),
and the sale proceeds of which are loaned to Borrower, secured by a deed of trust recorded on
December 17, 2003, as Instrument No. 2003-0605376 (the "Bank Loan");
(iii) loan from the City, as housing successor to the former
Redevelopment Agency of the City of Richmond in accordance with C alifornia Health and
Safety Code Section 34176, in the amount of Four Million Seven Hundred Forty-O ne Thousand
Four Hundred Ninety-Two Dollars ($4,741,492), secured by a deed of trust recorded on
December 17, 2003, as Instrument No. 2003-0605378 (the "City Redevelopment Loan"); and
(iv) AHP loan from Mississippi Valley Life Insurance Company, an
Arizona corporation, in the amount Two Hundred and Five Thousand Five Hundred Dollars
($205,500), secured by a deed of trust recorded on September 24, 2004, as Instrument No. 2004-
0368336 (the "AHP Loan").
(e) "Bank" has the meaning set forth in Section 1.1(d)(ii).
(f) "Bank Loan" has the meaning set forth in Section 1.1(d)(ii).
3
863\104\2216717.5
(g) "Bid Package" means the package of documents Borrower's general
contractor is required to distribute to potential bidders as part of the process of selecting
subcontractors for the Development. The Bid Package is to include the following: (i) an
invitation to bid; (ii) copy of the proposed construction contract; (iii) a form of bid guarantee that
is reasonably acceptable to the County that guarantees, at a minimum, an amount equal to five
percent (5%) of the bid price; and (iv) all Construction Plans.
(h) "Borrower" has the meaning set forth in the first paragraph of this
Agreement.
(i) "CDBG" means the Community Development Block Grant Program,
funded pursuant to Title I of the Housing and Community Development Act of 1974 (42 USC
5301, et seq.).
(j) "CDBG Funds" has the meaning set forth in Paragraph B of the Recitals.
(k) "CEQA" has the meaning set forth in Paragraph G of the Recitals.
(l) "CHDC " means Community Housing Development Corporation of North
Richmond, a California nonprofit public benefit corporation.
(m) "City" means the City of Richmond, California, a municipal corporation.
(n) "City Loan" has the meaning set forth in Section 1.1(d)(i).
(o) "City Redevelopment Loan" has the meaning set forth in Section
1.1(d)(iii).
(p) "Commencement of Construction " has the meaning set forth in
Section 3.5.
(q) "Completion Date" means the date of completion of the rehabilitation of
the Improvements as evidenced by building permit sign-off or equivalent document issued by the
County to certify that the Development may be legally occupied.
(r) "Construction Plans" means all construction documentation upon which
Borrower and Borrower's general contractor rely in rehabilitating the Improvements on the
Property (including the units in the Development, landscaping, parking, and common areas) and
includes, but is not limited to, final architectural drawings, landscaping plans and specifications,
final elevations, building plans and specifications (also known as "working drawings ").
(s) "County" has the meaning set forth in the first paragraph of this
Agreement.
(t) "County-Assisted Units" has the meaning set forth in Paragraph F of the
Recitals.
(u) "Deed of Trust" means the Deed of Trust with Assignment of Rents,
Security Agreement, and Fixture Filing of even date herewith among Borrower, as Trustor, Old
4
863\104\2216717.5
Republic Title Company, as trustee, and the County, as beneficiary, that will encumber the
Property to secure repayment of the Loan and performance of the covenants of the Loan
Documents.
(v) "Default Rate" means the lesser of the maximum rate permitted by law
and ten percent (10%) per annum.
(w) "Development " has the meaning set forth in Paragraph C of the Recitals.
(x) "Eden" means Eden Housing, Inc., a California nonprofit public benefit
corporation.
(y) "Event of Default " has the meaning set forth in Section 6.1.
(z) "Fifteen Year Compliance Period " means the fifteen (15) year compliance
period as described in Section 42(i)(1) of the Internal Revenue Code of 1986, as amended.
(aa) "Hazardous Materials " means: (i) any substance, material, or waste that is
petroleum, petroleum-related, or a petroleum by-product, asbestos or asbestos-containing
material, polychlorinated biphenyls, flammable, explosive, radioactive, freon gas, radon, or a
pesticide, herbicide, or any other agricultural chemical, and (ii) any waste, substance or material
defined as or included in the definition of "hazardous substances," "hazardous wastes,"
"hazardous materials," "toxic materials ", "toxic waste", "toxic substances," or words of similar
import under any Hazardous Materials Law.
(bb) "Hazardous Materials Claims " means with respect to the Property (i) any
and all enforcement, cleanup, removal or other governmental or re gulatory actions instituted,
completed or threatened against Borrower or the Property pursuant to any Hazardous Materials
Law; and (ii) all claims made or threatened by any third party against Borrower or the Property
relating to damage, contribution, cost recovery compensation, loss or injury resulting from any
Hazardous Materials.
(cc) "Hazardous Materials Law" means any federal, state or local laws,
ordinances, or regulations relating to any Hazardous Materials, health, industrial hygiene,
environmental conditions, or the regulation or protection of the environment, and all
amendments thereto as of this date and to be added in the future and any successor statute or rule
or regulation promulgated thereto.
(dd) "HUD" has the meaning set forth in Paragraph B of the Recitals.
(ee) "Improvements " has the meaning set forth in Paragraph C of the Recitals.
(ff) "Investor Limited Partner" means collectively, Apollo Tax Credit Fund-
XXIX Limited Partnership, a Delaware limited partnership , its successors and assigns, and RBC
Tax Credit Manager II, Inc., a Delaware corporation, its successors and assigns.
(gg) "Loan Documents " means this Agreement, the Note, the Regulatory
Agreement, and the Deed of Trust.
5
863\104\2216717.5
(hh) "Loan" has the meaning set forth in Paragraph D of the Recitals.
(ii) "NEPA" has the meaning set forth in Paragraph H of the Recitals.
(jj) "Note" means the promissory note of even date herewith that evidences
Borrower's obligation to repay the Loan.
(kk) "Operating Reserve Account" has the meaning set forth in Section 4.1(b).
(ll) "Partnership Agreement " means the agreement between Borrower's
general partner and the Investor Limited Partner that governs the operation and organization of
Borrower as a California limited partnership.
(mm) "Property" has the meaning set forth in Paragraph C of the Recitals.
(nn) "Regulato ry Agreement " means the Regulatory Agreement and
Declaration of Restrictive Covenants, of even date herewith, between the County and Borrower
related to the Loan, to be recorded against the Property.
(oo) "Replacement Reserve Account" has the meaning set forth in
Section 4.1(a).
(pp) "Retention Amount " means Ten Thousand Dollars ($10,000) of the Loan,
the disbursement of which is described in Section 2.7.
(qq) "Senior Loan" has the meaning set forth in Section 2.5.
(rr) "TCAC" means the California Tax Credit Allocation Committee.
(ss) "Tenant " means the tenant household that occupies a unit in the
Development.
(tt) "Term" means the period of time that commences on the date of this
Agreement, and expires, unless sooner terminated in accordance with this Agreement, on the
forty-fifth (45th) anniversary of the Completion Date; provided, however, if a record of the
Completion Date cannot be located or established, the Term will expire on the forty-sixth (46th)
anniversary of this Agreement.
(uu) "Transfer " has the meaning set forth in Section 4.12 below.
(vv) "Unit" means a unit in the Development.
Section 1.2 Exhibits
The following exhibits are attached to this Agreement and incorporated into this
Agreement by this reference:
Exhibit A: Legal Description of the Property
Exhibit B: Approved Development Budget
6
863\104\2216717.5
ARTICLE 2 LOAN PROVISIONS
Section 2.1 Loan.
Upon satisfaction of the conditions set forth in Section 2.6 and Section 2.7 of this
Agreement, the County shall lend to Borrower the Loan for the purposes set forth in Section 2.3
of this Agreement. Borrower's obligation to repay the Loan is evidenced by the Note.
Section 2.2 Interest.
(a) Loan. Subject to the provisions of subsection (b) below, simple interest
will accrue on the outstanding principal balance of the Loan at a per annum rate of interest equal
to three percent (3%), commencing on the date of disbursement.
(b) Default Interest. Upon the occurrence of an Event of a Default, interest on
the outstanding principal balance of the Loan will begin to accrue, beginning on the date of such
occurrence and continuing until the date the Loan is repaid in full or the Event of Default is
cured, at the Default Rate.
Section 2.3 Use of Loan Funds.
(a) Borrower shall use the Loan for rehabilitation costs, consistent with the
Approved Development Budget. Borrower may not use the Loan proceeds for any other
purposes without the prior written consent of the County.
Section 2.4 Security.
In consideration of the Loan, Borrower shall (i) secure its obligation to repay the Loan, as
evidenced by the Note, by executing the Deed of Trust, and cause or permit it to be recorded as a
lien against the Property, and (ii) execute the Regulatory Agreement, and cause or permit it to be
recorded against the Property.
Section 2.5 Subordination.
(a) Any agreement by the County to subordinate the Deed of Trust and/or
Regulatory Agreement to an encumbrance securing and/or evidencing the Bank Loan, City Loan,
the City Redevelopment Loan, the AHP Loan, or any loan obtained by Borrower to refinance the
Bank Loan (collectively, the "Senior Loan") will be subject to the satisfaction of each of the
following conditions:
(i) All of the proceeds of the Senior Loan, less any transaction costs,
are used to provide acquisition, construction and/or permanent financing for the Development.
(ii) The lender of the Senior Loan is a state or federally chartered
financial institution, a nonprofit corporation or a public entity that is not affiliated with Borrower
or any of Borrower's affiliates, other than as a depositor or a lender.
7
863\104\2216717.5
(iii) Borrower demonstrates to the County's satisfaction that
subordination of the Deed of Trust and the Regulatory Agreement is necessary to secure
adequate acquisition, construction, and/or permanent financing to ensure the viability of the
Development, including the operation of the Development as affordable housing, as required by
the Loan Documents. To satisfy this requirement, Borrower must provide to the County, in
addition to any other information reasonably required by the County, evidence demonstrating
that the proposed amount of the Senior Loan is necessary to provide adequate acquisition,
construction, and/or permanent financing to ensure the viability of the Development, and
adequate financing for the Development would not be available without the proposed
subordination.
(iv) The subordination agreement(s) is structured to minimize the risk
that the Deed of Trust and the Regulatory Agreement will be extinguished as a result of a
foreclosure by the Bank or other holder of the Senior Loan. To satisfy this requirement, the
subordination agreement must provide the County with adequate rights to cure any default s by
Borrower, including: (1) providing the County or its successor with copies of any notices of
default at the same time and in the same manner as provided to Borrower; and (2 ) providing the
County with a cure period of at least sixty (60) days to cure any default.
(v) The subordination(s) of the Loan is effective only during the
original term of the Senior Loan and any extension of its term that is approved in writing by the
County.
(vi) The subordination does not limit the effect of the Deed of Trust
and the Regulatory Agreement before a foreclosure, nor require the consent of the holder(s) of
the Senior Loan prior to the County exercising any remedies available to the County under the
Loan Documents.
(b) Upon a determination by the County's Deputy Director – Department of
Conservation and Development that the conditions in this Section have been satisfied, the
Deputy Director – Department of Conservation and Development or his/her designee will be
authorized to execute the approved subordination agreement without the necessity of any further
action or approval.
Section 2.6 Conditions Precedent to Disbursement of Loan Funds.
The disbursements made pursuant to this Section 2.6 may not exceed Three Hundred
Forty Thousand Dollars ($340,000). The County is not obligated to disburse any portion of the
Loan, or to take any other action under the Loan Documents unless all of the following
conditions have been and continue to be satisfied:
(a) There exists no Event of Default nor any act, failure, omission or
condition that would constitute an Event of Default under this Agreement ;
(b) Borrower holds title to the Property or is acquiring title to the Property
simultaneously with the disbursement of the Loan proceeds;
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(c) Borrower has delivered to the County a copy of a corporate resolution
authorizing Borrower to obtain the Loan and all other Approved Financing, and execute the Loan
Documents;
(d) There exists no material adverse change in the financial condition of
Borrower from that shown by the financial statements and other data and information furnished
by Borrower to the County prior to the date of this Agreement;
(e) Borrower has furnished the County with evidence of the insurance
coverage meeting the requirements of Section 4.13 below;
(f) Borrower has executed and delivered to the County the Loan Documents
and has caused all other documents, instruments, and policies required under the Loan
Documents to be delivered to the County;
(g) The Deed of Trust and the Regulatory Agreement have been recorded
against the Property in the Office of the Recorder of the County of Contra Costa;
(h) A title insurer reasonably acceptable to the County is unconditionally and
irrevocably committed to issuing an LP -10 2006 ALTA Lender's Policy of title insurance
insuring the priority of the Deed of Trust in the amount of the Loan, subject only to such
exceptions and exclusions as may be reasonably acceptable to the County, and containing such
endorsements as the County may reasonably require. Borrower shall provide whatever
documentation (including an indemnification agreement), d eposits or surety is reasonably
required by the title company in order for the County's Deed of Trust to be senior in lien priority
to any mechanics liens in connection with any start of construction that has occurred prior to the
recordation of the Deed of Trust against the Property in the Office of the Recorde r of the County
of Contra Costa;
(i) All environmental review necessary for the rehabilitation of the
Development has been completed, and Borrower has provided the County evidence of planned
compliance with all NEPA and CEQA requirements and mitigation measures applicable to
construction, and evidence of compliance with all NEPA and CEQA requirements and mitigation
measures applicable to preconstruction, if any;
(j) Borrower has obtained all permits and appro vals necessary for the
rehabilitation of the Development;
(k) The County has received and approved the Bid Package for the
subcontractors for the rehabilitation of the Development pursuant to Section 3.2 below;
(l) The County has received and approved the general contractor's
construction contract that Borrower has entered or proposed to enter for the rehabilitation of the
Development pursuant to Section 3.3 below;
(m) The County has received and approved labor and material (payment)
bonds and performance bonds as required pursuant to Section 3.4 below;
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(n) Borrower has provided evidence of sufficient funds in the Replacement
Reserve Account to perform the rehabilitation and has received all consents necessary to
withdraw funds from the Replacement Reserve Account;
(o) The County has determined the undisbursed proceeds of the Loan,
together with other funds or firm commitments for funds that Borrower has obtained in
connection with the rehabilitation of the Development, are not less than the amount the County
determines is necessary to pay for the rehabilitation of the Development and to satisfy all of the
covenants contained in this Agreement and the Regulatory Agreement; and
(p) The County has received a written draw request from Borrower, including:
(i) certification that the condition set forth in Section 2.6(a) continues to be satisfied; (ii)
certification that the proposed uses of funds is consistent with the Approved Development
Budget; (iii) the amount of funds needed; and, (iv) where applicable, a copy of the bill or invoic e
covering a cost incurred or to be incurred. When a disbursement is requested to pay any
contractor in connection with improvements on the Property, the written request must be
accompanied by: (1) certification by Borrower's architect reasonably acceptable to the County
that the work for which disbursement is requested has been completed (although the County
reserves the right to inspect the Property and make an independent evaluation); and (2) lien
releases and/or mechanics lien title insurance endorsements reasonably acceptable to the County.
Section 2.7 Conditions Precedent to Disbursement of Retention.
The County is not obligated to disburse the Retention Amount unless the following
conditions precedent are satisfied:
(a) The County has received a completion report from Borrower setting forth:
(i) the income, household size, race, and ethnicity of Tenants of the County-Assisted Units; (ii)
and the unit address, unit size, rent amount and utility allowance for all County-Assisted Units;
(b) The County has received from Borrower copies of the certificate of
occupancy or equivalent final permit sign-offs for the Development;
(c) The County has received from Borrower current evidence of the insurance
coverage meeting the requirements of Section 4.13 below;
(d) The County has received from Borrower a form of Tenant lease ;
(e) The County has received from Borrower evidence of marketing for any
vacant County-Assisted Unit in the Development such as copies of flyers, list of media ads, list
of agencies and organizations receiving informa tion on availability of such units, as applicable;
(f) The County has received from Borrower all relevant contract activity
information, including compliance with Section 3 requirements as set forth in Section 4.5(b)(x)
of the Regulatory Agreement, and minorit y-owned (MBE) and women-owned (WBE) business
requirements;
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(g) If Borrower was required to comply with relocation requirements as set
forth in Section 4.5(b)(vi) of the Regulatory Agreement, the County has received from Borrower
evidence of compliance with all applicable relocation requirements;
(h) The County has received from Borrower a copy of the management
agreement and contact information for the property manager of the Development and the name
and phone number of the on-site property manager;
(i) If Borrower is required to pay prevailing wages under the Davis -Bacon
Act (40 U.S.C. 3141-3148), the County has received confirmation that Borrower has submitted
all certified payrolls to the County, and any identified payment issues have been resolved, or
Borrower is working diligently to resolve any such issues; and
(j) The County has received a written draw request from Borrower, including
certification that the condition set forth in Section 2.6(a) continues to be satisfied, and setting
forth the proposed uses of funds consistent with the Approved Development Budget, and, where
applicable, a copy of the bill or invoice covering a cost incurred or to be incurred. Borrower
shall apply the disbursement for the purpose(s) requested.
Section 2.8 Repayment Schedule.
(a) Deferred Payment. Except as set forth in Section 2.8(b), repayments of
the outstanding principal balance and accrued interest on the Loan will be deferred for the Term.
(b) Payment in Full of Loan. Borrower shall pay all outstanding principal and
accrued interest on the Loan, in full, on the earliest to occur of: (i) any Transfer other than as
permitted pursuant to Section 4.12; (ii) an Event of Default; and (iii) the expiration of the Term.
(c) Prepayment. Borrower may prepay the Loan at any time without premium
or penalty. However, the Regulatory Agreement and the Deed of Trust will remain in effect for
the entire Term, regardless of any prepayment or Transfer.
Section 2.9 Non-Recourse.
Except as provided below, neither Borrower, nor any partner of Borrower, has any direct
or indirect personal liability for payment of the principal of, and interest on, the Loan. Following
recordation of the Deed of Trust, the sole recourse of the County with respect to the principal of,
or interest on, the Note will be to the property described in the Deed of Trust; provided, however,
that nothing contained in the foregoing limitation of liability limits or impairs the enforcement of
all the rights and remedies of the County against all such security for the Note, or impairs the
right of County to assert the unpaid principal amount of the Note as demand for money within
the meaning and intendment of Section 431.70 of the California Code of Civil Procedure or any
successor provision thereto. The foregoing limitation of liability is intended to apply only to the
obligation to repay the principal and interest on the Note. Except as hereafter set forth; nothing
contained herein is intended to relieve Borrower of its obligation to indemnify the County under
the Loan Documents including but not limited to Sections 3.8, 3.9, 4.6, and 7.4 of this
Agreement and Sections 2.1(c), 2.1(d), and 4.5(b)(vi) of the Regulatory Agreement, or liability
for: (i) loss or damage of any kind resulting from waste, fraud or willful misrepresentation; (ii)
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the failure to pay taxes, assessments or other charges which may create liens on the Property that
are payable or applicable prior to any foreclosure under the Deed of Trust (to the full extent of
such taxes, assessments or other charges); (iii) the fair market value of any perso nal property or
fixtures removed or disposed of by Borrower other than in accordance with the Deed of Trust;
and (iv) the misappropriation of any proceeds under any insurance policies or awards resulting
from condemnation or the exercise of the power of eminent domain or by reason of damage, loss
or destruction to any portion of the Property.
ARTICLE 3 REHABILITATION OF THE DEVELOPMENT
Section 3.1 Permits and Approvals.
Borrower shall obtain all permits or permit ready letter and approvals necessary for the
rehabilitation of the Development no later than June 30, 2019 or such later date that the County
approves in writing.
Section 3.2 Bid Package.
Not later than thirty (30) days prior to Borrower's proposed date for advertising the Bid
Package, Borrower shall submit to the County a co py of Borrower's general contractor's
proposed Bid Package. The County's Deputy Director, Department of Conservation and
Development, or his or her designee, shall approve or disapprove the Bid Package within fifteen
(15) days after receipt of the Bid Package by the County. If the County rejects the proposed Bid
Package the reasons therefore must be given to Borrower. Borrower will then have fifteen (15)
days to revise the proposed Bid Package and resubmit it to the County. The County will then
have fifteen (15) days to review and approve Borrower's new or corrected Bid Package. The
provisions of this Section will continue to apply until a proposed Bid Package has been approved
by the County. Borrower may not publish a proposed Bid Package until it has been approved by
the County.
Section 3.3 Construction Contract.
(a) Not later than fifteen (15) days prior to the proposed Commencement of
Construction, Borrower shall submit to the County for its approval a draft of the proposed
construction contract for the Development. All construction work and professional services are
to be performed by persons or entities licensed or otherwise authorized to perform the applicable
construction work or service in the State of California. Each contract that Borrower enters for
rehabilitation of the Development is to provide that at least ten percent (10%) of the costs
incurred will be payable only upon completion of the rehabilitation, subject to early release of
retention for specified subcontractors upon approval by the County. The construction contract
will include all applicable CDBG requirements set forth in Section 4.5 of the Regulatory
Agreement. The County's approval of the construction contract may not be deemed to constitute
approval of or concurrence with any term or co ndition of the construction contract except as such
term or condition may be required by this Agreement.
(b) Upon receipt by the County of the proposed construction contract, the
County shall promptly review same and approve or disapprove it within ten (10) da ys. If the
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construction contract is not approved by the County, the County shall set forth in writing and
notify Borrower of the County's reasons for withholding such approval. Borrower shall
thereafter submit a revised construction contract for County a pproval, which approval is to be
granted or denied in ten (10) days in accordance with the procedures set forth above. Any
construction contract executed by Borrower for the Development is to be in the form approved
by the County.
Section 3.4 Construction Bonds.
Not later than thirty (30) days prior to the proposed Commencement of Construction
Borrower shall deliver to the County copies of labor and material bonds and performance bonds
for the rehabilitation of the Development in an amount equal to one hundred percent (100%) of
the scheduled cost of the rehabilitation of the Development. Such bonds must name the County
as a co-obligee.
Section 3.5 Commencement of Construction.
Borrower shall cause the Commencement of Construction of the Development to occur
no later than January 1, 2020 or such later date that the County approves in writing. For the
purposes of this Agreement, "Commencement of Construction" means the date set for the start of
rehabilitation of the Development in the notice to proceed issued by Borrower to Borro wer's
general contractor.
Section 3.6 Completion of Construction.
(a) Borrower shall diligently prosecute rehabilitation of the Development to
completion, and shall cause the rehabilitation of the Development to be completed no later than
June 30, 2020 or such later date that the County approves in writing.
(b) Borrower shall give notice to the County upon completion of rehabilitation
of the Development. Upon receipt of such notice the County will perform an inspection of the
Development to determine if the Development was constructed in accordance with the Loan
Documents. If the County determines the Development was not constructed in accordance with
the terms of the Loan Documents, the County will provide Borrower with a written report of the
deficiencies. Borrower shall correct such deficiencies within the timeframe set forth in the
notice provided to Borrower by County.
Section 3.7 Changes; Construction Pursuant to Plans and Laws.
(a) Changes. Borrower shall rehabilitate the Development in conformance
with: (i) the plans and specifications approved by the County's Building Inspection Department;
and (ii) the Approved Development Budget. Borrower shall notify the County in a timely
manner of any changes in the work required to be performed under this Agreement, including
any additions, changes, or deletions to the plans and specifications approved by the City.
Written authorization from the County must be obtained before any of the following changes,
additions, or deletions in work for the Development may be performed: (i) any change in the
work the cost of which exceeds Ten Thousand Dollars ($10,000); or (ii) any set of changes in the
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work the cost of which cumulatively exceeds Fifty Thousand Dollars ($50,000) or ten percent
(10%) of the Loan amount, whichever is less; or (iii) a ny material change in building materials or
equipment, specifications, or the structural or architectural design or appearance of the
Development as provided for in the plans and specifications approved by the County. The
County's consent to any additions, changes, or deletions to the work does not relieve or release
Borrower from any other obligations under this Agreement, or relieve or release Borrower or its
surety from any surety bond.
(b) Compliance with Laws. Borrower shall cause all work performed in
connection with the Development to be performed in compliance with:
(i) all applicable laws, codes (including building codes and codes
applicable to the mitigation of disasters such as earthquakes), ordinances, rules and regulations
of federal, state, county or municipal governments or agencies now in force or that may be
enacted hereafter; and
(ii) all directions, rules and regulations of any fire marshal, health
officer, building inspector, or other officer of every governmental agency now having or
hereafter acquiring jurisdiction. Borrower may permit the work to proceed only after
procurement of each permit, license, or other authorization that may be required by any
governmental agency having jurisdiction, and Borrower is responsible to the County for the
procurement and maintenance thereof.
Section 3.8 Prevailing Wages.
(a) Davis Bacon. To the extent required by applicable law Borrower shall
cause rehabilitation of the Development to be in compliance with the prevailing wage
requirements of the federal Davis-Bacon Act (40 U.S.C. 3141-3148). Borrower shall indemnify,
hold harmless and defend (with counsel reasonably acceptable to the County) the County against
any claim for damages, compensation, fines, penalties or other amounts arising out of the failure
or alleged failure of any person or entity (including Borrower, its contractor and subcontractors)
to pay prevailing wages as determined pursuant to the prevailing wage provisions of the federal
Davis-Bacon Act and implementing rules and regulations in connection with the construction of
the Development or any other work undertaken or in connection with the Property. The
requirements in this subsection survive the repayment of the Loan, and the reconveyance of the
Deed of Trust.
(b) State Prevailing Wages. This Agreement has been prepared with the
intention that the financial assistance provided by the County under this Agreement meets the
exceptions set forth in California Labor Code Section 1720(c)(5)(E) to the general requirement
that state prevailing wages be paid in conne ction with construction work that is paid for in whole
or in part out of public funds. However, to the extent other funding sources, a future court
decision or a Department of Industrial Relations (the "DIR") determination require the payment
of prevailing wages on the Development and related requirements under the Labor Code, then
the following shall apply:
(i) In accordance with Labor Code Sections 1725.5 and 1771.1,
Borrower shall and shall cause its contractors and subcontractors to pay prevailing wages in the
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rehabilitation of the Development as those wages are determined pursuant to Labor Code
Sections 1720 et seq. and the implementing regulations of the DIR, to employ apprentices as
required by Labor Code Sections 1777.5 et seq., and the implementing regulations of the DIR
and comply with the other applicable provisions of Labor Code Sections 1720 et seq., 1777.5 et
seq., and implementing regulations of the DIR.
(ii) All calls for bids, bidding materials and the construction contract
documents for the rehabilitation of the Development must specify that:
(1) no contractor or subcontractor may be listed on a
bid proposal nor be awarded a contract for the rehabilitation of the Development unless
registered with the DIR pursuant to California Labor Code Section 1725 .5; and
(2) the rehabilitation of the Development is subject to
compliance monitoring and enforcement by the DIR.
(iii) Under Labor Code Section 1773.3, the Development will be
required to be registered as set forth in the DIR's online form PWC-100 ("Form PWC 100")
(https://www.dir.ca.gov/pwc100ext/) and to update the Form PWC 100 after new information
becomes available that must be reported on Form PWC 100 (for example, a new subcontractor is
hired). Borrower will provide to the County, within ten (10) days of County's written request, all
Form PWC 100 registration information for the Development.
(iv) In accordance with Labor Code Sections 1725.5 and 1 771.1,
Borrower shall require that its contractors and subcontractors be registered with the DIR, and
maintain such registration as required by the DIR.
(v) Pursuant to Labor Code Section 1771.4, the Development is
subject to compliance monitoring and enforcement by the DIR. Borrower shall and shall require
its contractor sand subcontractors to submit payroll and other records electronically to the DIR
pursuant to Labor Code Sections 1771.4 and 1776 et seq., or in such other format as required by
the DIR.
(vi) Borrower shall and shall cause its contractors and subcontractors to
keep and retain such records as are necessary to determine if prevailing wages have been paid as
required pursuant to Labor Code Sections 1720 et seq., and that apprentices have been employed
as required by Labor Code Section 1777.5 et seq., and shall, within ten (10) days of County's
written request, provide to the County such records and other documentation reasonably
requested by the County.
(vii) Borrower shall and shall cause its respective contractors and
subcontractors to comply with all other applicable provisions of Labor Code, including without
limitation, Labor Code Sections 1720 et seq., 1725.5, 1771, 1771.1, 1771.4, 1776, 1777.5 et seq.,
1810-1815 and implementing regulations of the DIR in connection with construction of the
Development or any other work undertaken or in connection with the Prop erty.
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(viii) Copies of the currently applicable current per diem prevailing
wages are available from the DIR website, www.dir.ca.gov. Borrower shall cause its respective
contractors to post the applicable prevailing rates of per diem wages at the Development site and
to post job site notices, in compliance with Title 8 California Code of Regulations 16451(d) or as
otherwise as required by the DIR.
(ix) Borrower shall indemnify, hold harmless and defend (with counsel
reasonably selected by the County), to the extent not prohibited by applicable law, the County,
its officials, employees and agents, against any claim for damages, compensation, fines, penalties
or other amounts arising out of the failure or alleged failure of any person or entity (including
Borrower, or its contractors or subcontractors) to pay prevailing wages as determined pursuant to
Labor Code Sections 1720 et seq., to hire apprentices in accordance with Labor Code Sections
1777.5 et seq., or to comply with the other applicable provisions of Labor Cod e Sections 1720 et
seq., 1725.5, 1771, 1771.1, 1771.4, 1776, 1777.5 et seq., 1810-1815 and the implementing
regulations of the DIR in connection with the work performed pursuant to this Agreement. The
requirements of this subsection survive repayment of the Loan and the reconveyance of the Deed
of Trust, and shall be interpreted broadly so as to apply to any legal or administrative proceeding,
arbitration, or enforcement action.
Section 3.9 Accessibility.
(a) Borrower shall rehabilitate the Development in compliance with all
applicable federal and state disabled persons accessibility requirements including but not limited
to the Federal Fair Housing Act; Section 504 of the Rehabilitation Act of 1973 ("Section 504");
Title II and/or Title III of the Americans with Disabilities Act; and Title 24 of the California
Code of Regulations (collectively, the "Accessibility Requirements "). In compliance with the
Accessibility Requirements, if the rehabilitation is substantial as defined in 24 C.F.R. 8.23(a), a
minimum of two (2) Units of all Units shall be rehabilitated to be fully accessible to households
with a mobility impaired member and an additional one (1) Units of all Units shall be
rehabilitated to be fully accessible to hearing and/or visually impaired persons. Non-substantial
alterations must comply with 24 C.F.R. 8.23(b). In compliance with the Accessibility
Requirements, Borrower shall provide the County with a certification from the Development
architect that to the best of the architect's knowledge, the Development complies with all federal
and state accessibility requirements applicable to the Development. Borrower shall indemnify,
hold harmless and defend (with counsel reasonably acceptable to the County) the County against
any claim for damages, compensation, fines, penalties or other amounts arising out of the failure
or alleged failure of any person or entity (including Borrower, its architect, contractor and
subcontractors) to construct the Development in accordance with the Accessibility
Requirements. The requirements in this Subsection survive repayment of the Loan and the
reconveyance of the Deed of Trust.
Section 3.10 Equal Opportunity.
During the rehabilitation of the Development discrimination on the basis of race, color,
creed, religion, age, sex, sexual orientation, marital status, national origin, ancestry, or disability
in the hiring, firing, promoting, or demoting of any person engaged in the construction work is
not allowed.
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Section 3.11 Minority and Women-Owned Contractors.
Borrower shall use its best efforts to afford minority-owned and women-owned business
enterprises the maximum practicable opportunity to participate in the rehabilitation of the
Development. Borrower shall, at a minimum, notify applicable minority-owned and women-
owned business firms located in Contra Costa County of bid opportunities for the rehabilitation
of the Development. A listing of minority owned and women owned businesses located in the
County and neighboring counties is available from the County. Documentation of such
notifications must be maintained by Borrower and available to the County upon request.
Section 3.12 Progress Reports.
Until such time as Borrower has received a certificate of occupancy from the City for the
Development, Borrower shall provide the County with quarterly progress reports r egarding the
status of the rehabilitation of the Development, including a certification that the actual
construction costs to date conform to the Approved Development Budget, as it may be amended
from time to time pursuant to Section 3.16 below.
Section 3.13 Construction Responsibilities.
(a) Borrower is responsible for the coordination and scheduling of the work to
be performed so that commencement and completion of the rehabilitation of the Development
takes place in accordance with this Agreement.
(b) Borrower is solely responsible for all aspects of Borrower's conduct in
connection with the Development, including (but not limited to) the quality and suitability of the
plans and specifications, the supervision of construction work, and the qualifications, financial
condition, and performance of all architects, engineers, contractors, subcontractors, suppliers,
consultants, and property managers. Any review or inspection undertaken by the County with
reference to the Development is solely for the purpose of determining whethe r Borrower is
properly discharging its obligations to the County, and may not be relied upon by Borrower or by
any third parties as a warranty or representation by the County as to the quality of the design or
rehabilitation of the Development.
Section 3.14 Mechanics Liens, Stop Notices, and Notices of Completion.
(a) If any claim of lien is filed against the Property or a stop notice affecting
the Loan is served on the County or any other lender or other third party in connection with the
Development, then Borrower shall, within twenty (20) days after such filing or service, either
pay and fully discharge the lien or stop notice, effect the release of such lien or stop notice by
delivering to the County a surety bond in sufficient form and amount, or provide the County with
other assurance satisfactory to the County that the claim of lien or stop notice will be paid or
discharged.
(b) If Borrower fails to discharge any lien, encumbrance, charge, or claim in
the manner required in this Section, then in addition to any other right or remedy, the County
may (but is under no obligation to) discharge such lien, encumbrance, charge, or claim at
Borrower's expense. Alternately, the County may require Borrower to immediately deposit with
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the County the amount necessary to satisfy such lien or claim and any costs, pending resolution
thereof. The County may use such deposit to satisfy any claim or lien that is adversely
determined against Borrower.
(c) Borrower shall file a valid notice of cessation or notice of completion
upon cessation of construction work on the Development for a continuous period of thirty (30)
days or more, and take all other steps necessary to forestall the assertion of claims of lien against
the Property. Borrower authorizes the County, but the County has no obligation, to record any
notices of completion or cessation of labor, or any other notice that the County deems necessary
or desirable to protect its interest in the Development and Property.
Section 3.15 Inspections.
Borrower shall permit and facilitate, and shall require its contractors to permit and facilitate,
observation and inspection at the Development by the County and by public authorities during
reasonable business hours during the Term, for the purposes of determining compliance with this
Agreement.
Section 3.16 Approved Development Budget; Revisions to Budget.
As of the date of this Agreement, the County has approved the Approved Development
Budget set forth in Exhibit B. Borrower shall submit any required amendments to the Approved
Development Budget to the County for approval within five (5) days after the date Borrower
receives information indicating that actual costs of the Development vary or will vary from the
costs shown on the Approved Development Budget. Written consent of the County will be
required to amend the Approved Development Budget.
ARTICLE 4 LOAN REQUIREMENTS
Section 4.1 Reserve Accounts.
(a) Replacement Reserve Account. Borrower shall establish and maintain an
account that is available for capital expenditures for repairs and replacement necessary to
maintain the Development in the condition required by the Loan Documents (the "Replacement
Reserve Account"). Borrower shall make annual deposits to the Replacement Reserve Account
in the amounts required in the Partnership Agreement and/or the documents evidencing the Bank
Loan, whichever is greater. In no event shall the annual amount deposited in the Replacement
Reserve Account exceed Six Hundred Dollars ($600) per unit, increasing by the applicable
consumer price index every five (5) years, or such greater amount required in connection with
the Partnership Agreement or any permanent financing, and approved by the County. Borrower
agrees to use Thirty-Five Thousand Dollars ($35,000) from the Replacement Reserve Account
towards rehabilitation of Development.
(b) Operating Reserve Account. Borrower shall establish and maintain an
account that is available to fund operating deficits (which is the amount by which Annual
Operating Expenses exceed Gross Revenue for any period) (the "Operating Reserve Account").
Borrower shall capitalize the Operating Reserve Account in the amount required by TCAC
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(currently three months of Annual Operating Expenses); provided, however that if the
Partnership Agreement or the documents evidencing the Bank Loan require the Operating
Reserve Account to be capitalized in an amount greater than the TCAC requirement, Borrower
shall capitalize the Operating Reserve Account as required by the Partnership Agreement or the
documents evidencing the Bank Loan, as applicable, for as long as the Partnership Agreement or
the Bank Loan, as applicable, is outstanding. In no event may the amount held in the Operating
Reserve Account exceed six (6) months gross rent from the Development (as such rent may vary
from time to time).
Section 4.2 Financial Accountings and Post-Completion Audits.
No later than sixty (60) days following completion of rehabilitation of the Development,
Borrower shall provide to the County for its review and approval a financial accounting of all
sources and uses of funds for the rehabilitation of the Development. Borrower shall also follow
the applicable audit requirements of 2 C.F.R. Part 200.
Section 4.3 Approval of Annual Operating Budget.
At the beginning of each year of the Term, Borrower shall provide to the County an
annual budget for the operation of the Develop ment. The County may request additional
information to assist the County in evaluating the financial viability of the Development. Unless
rejected by the County in writing within thirty (30) days after receipt of the budget, the budget
will be deemed accepted. If rejected by the County in whole or in part, Borrower shall submit a
new or corrected budget within thirty (30) calendar days after notification of the County's
rejection and the reasons therefor. The provisions of this Section relating to time periods for
resubmission of new or corrected budgets will continue to apply until such budget has been
approved by the County.
Section 4.4 Information.
Borrower shall provide any information reasonably requested by the County in
connection with the Development, including (but not limited to) any information required by
HUD in connection with Borrower's use of the Loan funds.
Section 4.5 County Audits.
(a) Each year, Borrower shall provide the County with a copy of Borrower 's
annual audit, which is to include information on all of Borrower's activities and not just those
pertaining to the Development.
(b) In addition, the County may, at any time, audit all of Borrower's books,
records, and accounts pertaining to the Development. Any such audit is to be conducted during
normal business hours at the principal place of business of Borrower and where ver records are
kept. Immediately after the completion of an audit, the County shall deliver a copy of the results
of the audit to Borrower.
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(c) If it is determined as a result of an audit that there has been a deficiency in
a loan repayment to the County then such deficiency will become immediately due and payable,
with interest at the Default Rate from the date the deficient amount should have been paid.
Section 4.6 Hazardous Materials.
(a) Borrower shall keep and maintain the Property (including but not limited
to, soil and ground water conditions) in compliance with all Hazardous Materials Laws and may
not cause or permit the Property to be in violation of any Hazardous Materials Law. Borrower
may not cause or permit the use, generation, manufacture, storage or disposal of on, under, or
about the Property or transportation to or from the Property of any Hazardous Materials, except
such of the foregoing as may be customarily used in construction of projects like the
Development or kept and used in and about residential property of this type.
(b) Borrower shall immediately advise the County in writing if at any time it
receives written notice of any Hazardous Materials Claims, and Borrower 's discovery of any
occurrence or condition on any real property adjoining or in the vicinity of the Property that
could cause the Property or any part thereof to be subject to any restrictions on the ownership,
occupancy, transferability or use of the Property under any Hazardous Materials Law.
(c) The County has the right to join and participate in, as a party if it so elects,
and be represented by counsel acceptable to the County (or counsel of its own choice if a conflict
exists with Borrower) in any legal proceedings or actions initiated in connection with any
Hazardous Materials Claims and to have its reasonable attorneys ' fees in connection therewith
paid by Borrower.
(d) Borrower shall indemnify and hold harmless the County and its board
members, supervisors, directors, officers, employees, agents, successors and assigns from and
against any loss, damage, cost, fine, penalty, judgment, award, settlement, expense or liability,
directly or indirectly arising out of or attributable to: (i) any actual or alleged past or present
violation of any Hazardous Materials Law; (ii) any Hazardous Materials Claim; (iii) any actual
or alleged past or present use, generation, manufacture, storage, release, threatened release,
discharge, disposal, transportation, or presence of Hazardous Materials o n, under, or about the
Property; (iv) any investigation, cleanup, remediation, removal, or restoration work of site
conditions of the Property relating to Hazardous Materials (whether on the Property or any other
property); and (v) the breach of any representation of warranty by or covenant of Borrower in
this Section 4.6, and Section 5.1(l). Such indemnity shall include, without limitation: (x) all
consequential damages; (y) the costs of any required or necessary investigation, repair, cleanup
or detoxification of the Property and the preparation and implementation of any closure, remedial
or other required plans; and (z) all reasonable costs and expenses incurred by the County in
connection with clauses (x) and (y), including but not limited to reasonable attorneys' fees and
consultant fees. This indemnification applies whether or not any government agency has issued
a cleanup order. Losses, claims, costs, suits, liability, and expenses covered by this
indemnification provision include, but are not limited to: (1) losses attributable to diminution in
the value of the Property, (2) loss or restriction of use of rentable space on the Property, (3)
adverse effect on the marketing of any rental space on the Property, and (4) penalties and fines
levied by, and remedial or enforcement actions of any kind issued by any regulatory agency
(including but not limited to the costs of any required testing, remediation, repair, removal,
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cleanup or detoxification of the Property and surrounding properties). This obligation to
indemnify will survive termination of this Agreement and will not be diminished or affected in
any respect as a result of any notice, disclosure, knowledge, if any, to or by the County of
Hazardous Materials.
(e) Without the County's prior written consent, which will not be
unreasonably withheld, Borrower may not take any remedial action in response to the presence
of any Hazardous Materials on, under or about the Property, nor enter into any settlement
agreement, consent decree, or other compromise in respect to any Hazardous Material Claims,
which remedial action, settlement, consent decree or compromise might, in the County's
judgment, impair the value of the County's security hereunder; provided, however, that the
County's prior consent is not necessary in the event that the presence of Hazardous Materials on,
under, or about the Property either poses an immediate threat to the health, safety or welfare of
any individual or is of such a nature that an immediate remedial response is necessary and it is
not reasonably possible to obtain the County's consent before taking such action, provided that in
such event Borrower shall notify the County as soon as practicable of any action so taken. The
County agrees not to withhold its consent, where such consent is required hereunder, if: (i) a
particular remedial action is ordered by a court of competent jurisdiction; (ii) Borrower will or
may be subjected to civil or criminal sanctions or penalties if it fails to take a required action;
(iii) Borrower establishes to the satisfaction of the County that there is no reasonable alternative
to such remedial action which would result in less impairment of the County's security
hereunder; or (iv) the action has been agreed to by the County.
(f) Borrower hereby acknowledges and agrees that: (i) this Section is
intended as the County's written request for information (and Borrower's response) concerning
the environmental condition of the Property as required by California Code of Civil Procedure
Section 726.5; and (ii) each representation and warranty in this Agreement (together with any
indemnity obligation applicable to a breach of any such representation and warranty) with
respect to the environmental condition of the Property is intended by the parties to be an
"environmental provision" for purposes of California Code of Civil Procedure Section 736.
(g) In the event that any portion of the Property is determined to be
"environmentally impaired " (as that term is defined in California Code of Civil Procedure
Section 726.5(e)(3)) or to be an "affected parcel" (as that term is defined in California Code of
Civil Procedure Section 726.5(e)(1)), then, without otherwise limiting or in any way affecting the
County's or the trustee's rights and remedies under the Deed of Trust, the Co unty may elect to
exercise its rights under California Code of Civil Procedure Section 726.5(a) to : (i) waive its
lien on such environmentally impaired or affected portion of the Property; and (ii) exercise, (1)
the rights and remedies of an unsecured cre ditor, including reduction of its claim against
Borrower to judgment, and (2) any other rights and remedies permitted by law. For purposes of
determining the County's right to proceed as an unsecured creditor under California Code of
Civil Procedure Section 726.5(a), Borrower will be deemed to have willfully permitted or
acquiesced in a release or threatened release of Hazardous Materials, within the meaning of
California Code of Civil Procedure Section 726.5(d)(1), if the release or threatened release of
Hazardous Materials was knowingly or negligently caused or contributed to by any lessee,
occupant, or user of any portion of the Property and Borrower knew or should have known of the
activity by such lessee, occupant, or user which caused or contributed to the release or threatened
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release. All costs and expenses, including (but not limited to) attorneys ' fees, incurred by the
County in connection with any action commenced under this paragraph, including any action
required by California Code of Civil Procedure Section 726.5(b) to determine the degree to
which the Property is environmentally impaired, plus interest thereon at the Default Rate, until
paid, will be added to the indebtedness secured by the Deed of Trust and is due and payable to
the County upon its demand made at any time following the conclusion of such action.
Section 4.7 Maintenance; Damage and Destruction.
(a) During the course of both rehabilitation and operation of the
Development, Borrower shall maintain the Development and the Property in good repair a nd in a
neat, clean and orderly condition, and in accordance with the Regulatory Agreement.
(b) Subject to the requirements of senior lenders, and if economically feasible
in the County's judgment after consultation with Borrower, if any improvement now or in the
future on the Property is damaged or destroyed, then Borrower shall, at its cost and expense,
diligently undertake to repair or restore such improvement consistent with the plans and
specifications approved by the County with such changes as have been approved by the County.
Such work or repair is to be commenced no later than the later of one hundred twenty (120) days,
or such longer period approved by the County in writing, after the damage or loss occurs or thirty
(30) days following receipt of the insurance or condemnation proceeds, and is to be complete
within one (1) year thereafter. Any insurance or condemnation proceeds collected for such
damage or destruction are to be applied to the cost of such repairs or restoration and, if such
insurance or condemnation proceeds are insufficient for such purpose, then Borrower shall make
up the deficiency. If Borrower does not promptly make such repairs then any insurance or
condemnation proceeds collected for such damage or destruction are to be promptly delivered by
Borrower to the County as a special repayment of the Loan, subject to the rights of the senior
lenders, if any.
Section 4.8 Fees and Taxes.
Borrower is solely responsible for payment of all fees, assessments, taxes, charges, and
levies imposed by any public authority or utility company with respect to the Property or the
Development, and shall pay such charges prior to delinquency and at such times and in such
manner as to prevent any penalty from accruing, or any lien or charge from attaching to the
Property. Borrower is also solely responsible for payment of all personal property taxes, and all
franchise, income, employment, old age benefit, withholding, sales, and other taxes assessed
against it, or payable by it, and shall pay such charges prior to delinquency and at such times and
in such manner as to prevent any penalty from accruing, or any lien or charge from attaching to
the Property.
However, Borrower is not required to pay and discharge any such charge so long as : (i)
the legality thereof is being contested diligently and in good faith and by appropriate
proceedings; and (ii) if requested by the County, Borrower deposits with the County any funds or
other forms of assurance that the County in good faith from time to time determines appropriate
to protect the County from the consequences of the contest being unsuccessful.
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In the event Borrower exercises its right to contest any tax, assessment, or charge against
it, Borrower, on final determination of the proceeding or contest, will immediately p ay or
discharge any decision or judgment rendered against it, together with all costs, charges and
interest.
Borrower shall not apply for a property tax exemption for the Property under any
provision of law except California Revenue and Taxation Section 2 14(g) without the prior
written consent of the County.
Section 4.9 Notice of Litigation.
Borrower shall promptly notify the County in writing of any litigation that has the
potential to materially affect Borrower or the Property and of any claims or disputes that involve
a material risk of such litigation.
Section 4.10 Operation of Development as Affordable Housing.
Borrower shall operate the Development (i) in accordance with all applicable laws, codes,
ordinances, rules and regulations of federal, state, county or municipal go vernments or agencies
now in force or that may be enacted hereafter, and (ii) as an affordable housing development
consistent with: (1 ) HUD's requirements for use of CDBG Funds; (2) the Regulatory
Agreement ; and (3) any other regulatory requirements imposed on Borrower including but not
limited to regulatory agreements associated with the City Loan, and Low Income Housing Tax
Credits provided by TCAC.
Section 4.11 Nondiscrimination.
(a) Borrower covenants by and for itself and its successors and assigns that
there will be no discrimination against or segregation of a person or of a group of persons on
account of race, color, religion, creed, age (except for lawful senior housing in accordance with
state and federal law), familial status, disability, sex, sexual orientatio n, marital status, ancestry
or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the
Property, nor may Borrower or any person claiming under or through Borrower establish or
permit any such practice or practices of discrimination or segregation with reference to the
selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or
vendees in the Property. The foregoing covenant will run with the land.
(b) Nothing in this Section prohibits Borrower from requiring County-
Assisted Units in the Development to be available to and occupied by income eligible
households in accordance with the Regulatory Agreement.
Section 4.12 Transfer.
(a) For purposes of this Agreement, "Transfer " means any sale, assignment,
or transfer, whether voluntary or involuntary, of: (i) any rights and/or duties under this
Agreement ; and/or (ii) any interest in the Development, including (but not limited to) a fee
simple interest, a joint tenancy interest, a life estate, a partnership interest, a leasehold interest, a
security interest, or an interest evidenced by a land contract by which possession of the
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Development is transferred and Borrower retains title. The term "Transfer " excludes the leasing
of any single unit in the Developmen t to an occupant in compliance with the Regulatory
Agreement. The County Deputy Director – Department of Conservation and Development is
authorized to execute assignment and assumption agreements on behalf of the County to
implement any approved Transfer.
(b) Except as otherwise permitted in this Section 4.1 2, no Transfer is
permitted without the prior written consent of the County, which the County may withhold in its
sole discretion. The Loan will automatically accelerate and be due in full upon any Transfe r
made without the prior written consent of the County.
(c) The County hereby approves future Transfers of the limited partner
interest of Borrower provided that: (i) such Transfers do not affect the timing and amount of the
Investor Limited Partner capital contributions provided for in the Partnership Agreement; and (ii)
in subsequent Transfers, the Investor Limited Partner or an affiliate thereof, retains a
membership or partnership interest and serves as a managing member or managing general
partner of the successor limited partner.
(d) The County hereby approves a Transfer of the Property from Borrower to
Eden or CHDC, or a non-profit affiliate of Eden or CHDC, and an assumption of the Loan by
such transferee at the end of the Fifteen Year Compliance Period, provided that: (i) such Transfer
is pursuant to an option or right of first refusal agreement referenced in the Partnership
Agreement, and (ii) the transferee expressly assumes the obligations of Borrower under the Loan
Documents, utilizing a form of assignment and assumption agreement provided by the County.
(e) The County hereby approves the purchase of the Investor Limited Partner
interest by Eden or CHDC , or a non-profit affiliate of Eden or CHDC at the end of the Fifteen
Year Compliance Period, provided that such Transfer is pursuant to an option or right of first
refusal agreement referenced in the Partnership Agreement.
(f) In the event the general partner of Borrower is removed by the limited
partner of Borrower for cause following default under the Partnership Agreement, the County
hereby approves the Transfer of the general partner interest to (i) a 501(c)(3) tax exempt
nonprofit corporation or other entity with a 501(c)(3) tax exempt nonprofit corporation member
or partner that is selected by the Investor Limited Partner and approved by the County, and (ii)
the Investor Limited Partner or an affiliate thereof, but only for a period not to exceed ninety (90)
days from the date of removal of the general partner, during which time such entity shall
diligently seek a replacement general partner meeting the requirements of subsection (i) above.
(g) The County hereby approves the grant of the security interests in the
Development for Approved Financing.
Section 4.13 Insurance Requirements.
(a) Borrower shall maintain the following insurance coverage throughout the
Term of the Loan:
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(i) Workers' Compensation insurance to the extent required by law,
including Employer's Liability coverage, with limits not less than One Million Dollars
($1,000,000) each accident.
(ii) Commercial General Liability insurance with limits not less than
Two Million Dollars ($2,000,000) each occurrence combined single limit for Bodily Injury and
Property Damage, including coverages for Contractual Liability, Personal Injury, Broadform
Property Damage, Products and Completed Operations.
(iii) Automobile Liability insurance with limits not less than One
Million Dollars ($1,000,000) each occurrence combined single limit for Bodily Injury and
Property Damage, including coverages for owned, non-owned and hired vehicles, as applicable.
(iv) Builders' Risk insurance during the course of construction, and
upon completion of construction, property insurance covering the Development, in form
appropriate for the nature of such property, covering all risks of loss, excluding earthquake, for
one hundred percent (100%) of the replacement value, with deductible, if any, acceptable to the
County, naming the County as a Loss Payee, as its interests may appear. Flood insurance must
be obtained if required by applicable federal regulations.
(v) Commercial crime insurance covering all officers and employees,
for loss of Loan proceeds caused by dishonesty, in an amount approved by the County, naming
the County a Loss Payee, as its interests may appear.
(b) Borrower shall cause any general contractor, agent, or subcontractor
working on the Development under direct contract with Borrower or subcontract to maintain
insurance of the types and in at least the minimum amounts described in subsections (i), (ii), and
(iii) above, except that the limit of liability for commercial general liability insurance for
subcontractors must be One Million Dollars ($1,000,000), and must require that such insurance
will meet all of the general requirements of subsections (d) and (e) below.
(c) The required insurance must be provided under an occurrence form, and
Borrower shall maintain the coverage described in subsection (a) continuously throughout the
Term. Should any of the required insurance be provided under a form of coverage that includes
an annual aggregate limit or provides that claims investigation or legal defense costs be included
in such annual aggregate limit, such annual aggregate limit must be three times the occurrence
limits specified above.
(d) Commercial General Liability, Automobile Liability and Property
insurance policies must be endorsed to name as an additional insured the County and its officers,
agents, employees and members of the County Board of Supervisors.
(e) All policies and bonds are to contain: (i) the agreement of the insurer to
give the County at least thirty (30) days' notice prior to cancellation (including, without
limitation, for non-payment of premium) or any material change in said policies; (ii) an
agreement that such policies are primary and non-contributing with any insurance that may be
carried by the County; (iii) a provision that no act or omission of Borrower shall affect or limit
the obligation of the insurance carrier to pay the amount of any loss sustained; and (iv) a waiver
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by the insurer of all rights of subrogation against the County and its authorized parties in
connection with any loss or damage thereby insured against.
Section 4.14 Covenants Regarding Approved Financing and Partnership
Agreement.
(a) Borrower shall promptly pay the principal and interest when due on any
Approved Financing.
(b) Borrower shall promptly notify the County in writing of the existence of
any default under any documents evidencing Approved Financing whether or not a default has
been declared by the lender, and any defaults under the Partnership Agreement, and provide the
County copies of any notice of default.
(c) Borrower may not amend, modify, supplement, cancel or terminate the
Partnership Agreement or any documents related to any loan that is part of the Approved
Financing without the prior written consent of the County except for amendments solely to
effectuate Transfers permitted under Section 4.1 2 above. Borrower shall provide the County
copies of all amendments, modifications, and supplements to the Partnership Agreement and any
document related to any loan that is part of the Approved Financing.
(d) Borrower may not incur any indebtedness of any kind other than
Approved Financing or encumber the Development with any liens (other than liens for Approved
Financing approved by the County) without the prior written consent of the County.
(e) The Partnership Agreement may not include any provisions that conflict
with the provisions of this Agreement.
ARTICLE 5 REPRESENTATIONS AND
WARRANTIES OF BORROWER
Section 5.1 Representations and Warranties.
Borrower hereby represents and warrants to the County as follows and acknowledges,
understands, and agrees that the representations and warranties set forth in this Article 5 are
deemed to be continuing during all times when any portion of the Loan remains outstanding:
(a) Organization. Borrower is duly organized, validly existing and in good
standing under the laws of the State of California and has the power and authority to own its
property and carry on its business as now being conducted.
(b) Authority of Borrower. Borrower has full power and authority to execute
and deliver this Agreement and to make and accept the borrowings contemplated hereunder, to
execute and deliver the Loan Documents and all other documents or instruments executed and
delivered, or to be executed and delivered, pursuant to this Agreement, and to perform and
observe the terms and provisions of all of the above.
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(c) Authority of Persons Executing Documents. This Agreement and the
Loan Documents and all other documents or instruments executed and delivered, or to be
executed and delivered, pursuant to this Agreement have been executed and delivered by persons
who are duly authorized to execute and deliver the same for and on behalf of Borrower, and all
actions required under Borrower's organizational documents and applicable governing law for
the authorization, execution, delivery and performance of this Agreement and the Loan
Documents and all other documents or instruments executed and delivered, or to be executed and
delivered, pursuant to this Agreement, have been duly taken.
(d) Valid Binding Agreements . The Loan Documents and all other
documents or instruments executed and delivered pursuant to or in connection with this
Agreement constitute or, if not yet executed or delivered, will when so executed and delivered
constitute, legal, valid and binding obligations of Borrower enforceable against it in accordance
with their respective terms.
(e) No Breach of Law or Agreement. Neither the execution nor delivery of
the Loan Documents or of any other documents or instruments executed and delivered, or to b e
executed or delivered, pursuant to this Agreement, nor the performance of any provision,
condition, covenant or other term hereof or thereof, will: (i) conflict with or result in a breach of
any statute, rule or regulation, or any judgment, decree or order of any court, board, commission
or agency whatsoever that is binding on Borrower, or conflict with any provision of the
organizational documents of Borrower, or conflict with any agreement to which Borrower is a
party; or (ii) result in the creation or imposition of any lien upon any assets or property of
Borrower, other than liens established pursuant hereto.
(f) Compliance with Laws; Consents and Approvals. The rehabilitation of
the Development will comply with all applicable laws, ordinances, rules and regulations of
federal, state and local governments and agencies and with all applicable directions, rules and
regulations of the fire marshal, health officer, building inspector and other officers of any such
government or agency.
(g) Pending Proceedings. Borrower is not in default under any law or
regulation or under any order of any court, board, commission or agency whatsoever, and there
are no claims, actions, suits or proceedings pending or, to the knowledge of Borrower, threatened
against or affecting Borrower or the Development, at law or in equity, before or by any court,
board, commission or agency whatsoever which might, if determined adversely to Borrower,
materially affect Borrower's ability to repay the Loan or impair the security to be given to the
County pursuant hereto.
(h) Title to Land. At the time of recordation of the Deed of Trust, Borrower
will have good and marketable fee title to the Development and there will exist thereon or with
respect thereto no mortgage, lien, pledge or other encumb rance of any character whatsoever
other than liens shown on the County's title policy provided pursuant to Section 2.6(h) above, or
approved in writing by the County.
(i) Financial Statements. The financial statements of Borrower and other
financial data and information furnished by Borrower to the County fairly and accurately present
the information contained therein. As of the date of this Agreement, there has not been any
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material adverse change in the financial condition of Borrower from that shown by such financial
statements and other data and information.
(j) Sufficient Funds. Borrower holds sufficient funds and/or binding
commitments for sufficient funds to complete the acquisition of the Property and the
rehabilitation of the Development in accordance with the terms of this Agreement.
(k) Taxes. Borrower and its subsidiaries have filed all federal and other
material tax returns and reports required to be filed, and have paid all federal and other material
taxes, assessments, fees and other governmental cha rges levied or imposed upon them or their
income or the Property otherwise due and payable, except those that are being contested in good
faith by appropriate proceedings and for which adequate reserves have been provided in
accordance with generally accep ted accounting principles. There is no proposed tax assessment
against Borrower or any of its subsidiaries that could, if made, be reasonably expected to have a
material adverse effect on the property, liabilities (actual or contingent), operations, condition
(financial or otherwise) or prospects of Borrower and its subsidiaries, taken as a whole, or which
could result in (i) a material impairment of the ability of Borrower to perform under any loan
document to which it is a party, or (ii) a material adverse effect upon the legality, validity,
binding effect or enforceability against Borrower of any Loan Document.
(l) Hazardous Materials. To the best of Borrower's knowledge, except as
disclosed in writing by Borrower to the County prior to the date of this Agr eement: (i) no
Hazardous Material has been disposed of, stored on, discharged from, or released to or from, or
otherwise now exists in, on, under, or around, the Property; (ii) neither the Property nor
Borrower is in violation of any Hazardous Materials Law; and (iii) neither the Property nor
Borrower is subject to any existing, pending or threatened Hazardous Materials Claims.
ARTICLE 6 DEFAULT AND REMEDIES
Section 6.1 Events of Default.
Any one or more of the following constitutes an "Event of Default " by Borrower under
this Agreement:
(a) Failure to Construct. If Borrower fails to obtain permits, or to commence
and prosecute rehabilitation of the Development to completion, within the times set forth in
Article 3 above.
(b) Failure to Make Payment. If Borrower fails to make any payment when
such payment is due pursuant to the Loan Documents.
(c) Breach of Covenants. If Borrower fails to duly perform, comply with, or
observe any other condition, term, or covenant contained in this Agreement (other than as set
forth in Section 6.1(a) and Section 6.1(b), and Section 6.1(d) through Section 6.1(l)), or in any of
the other Loan Documents, and Borrower fails to cure such default within thirty (30) days after
receipt of written notice thereof from the County to Borrower.
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(d) Default Under O ther Loans. If a default is declared under any other
financing for the Development by the lender of such financing and such default remains uncured
following any applicable notice and cure period.
(e) Insolvency. If a court having jurisdiction makes or enters any decree or
order: (i) adjudging Borrower to be bankrupt or insolvent ; (ii) approving as properly filed a
petition seeking reorganization of Borrower, or seeking any arrangement for Borrower under the
bankruptcy law or any other applicable debtor's relief law or statute of the United States or any
state or other jurisdiction; (iii) appointing a receiver, trustee, liquidator, or assignee of Borrower
in bankruptcy or insolvency or for any of their properties ; (iv) directing the winding up or
liquidation of Borrower if any such decree or order described in clauses (i) to (iv), inclusive, is
unstayed or undischarged for a period of ninety (90) calendar days; or (v) Borrower admits in
writing its inability to pay its debts as they fall due or will have voluntarily submitted to or filed
a petition seeking any decree or order of the nature described in clauses (i) to (iv), inclusive. The
occurrence of any of the Events of Default in this paragraph will act to accelerate automatically,
without the need for any action by the County, the indebtedness evidenced by the Note.
(f) Assignment; Attachment. If Borrower assigns its assets for the benefit of
its creditors or suffers a sequestration or attachment of or execution on any substantial part of its
property, unless the property so assigned, sequestered, attached or executed upon is returned or
released within ninety (90) calendar days after such event or, if sooner, prior to sale pursuant to
such sequestration, attachment, or execution. The occurrence of any of the e vents of default in
this paragraph shall act to accelerate automatically, without the need for any action by the
County, the indebtedness evidenced by the Note.
(g) Suspension; Termination. If Borrower voluntarily suspends its business
or, the partnership is dissolved or terminated, other than a technical termination of the
partnership for tax purposes.
(h) Liens on Property and the Development. If any claim of lien (other than
liens approved in writing by the County) is filed against the Development or any part thereof, or
any interest or right made appurtenant thereto, or the service of any notice to withhold proceeds
of the Loan and the continued maintenance of said claim of lien or notice to withhold for a
period of twenty (20) days, without discharge or satis faction thereof or provision therefor
(including, without limitation, the posting of bonds) satisfactory to the County.
(i) Condemnation. If there is a condemnation, seizure, or appropriation of all
or the substantial part of the Property and the Development, except if initiated by the County.
(j) Unauthorized Transfer. If any Transfer occurs other than as permitted
pursuant to Section 4.12.
(k) Representation or Warranty Incorrect. If any Borrower representation or
warranty contained in this Agreement, or in any ap plication, financial statement, certificate, or
report submitted to the County in connection with any of the Loan Documents, proves to have
been incorrect in any material respect when made.
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(l) Applicability to General Partner. The occurrence of any of the e vents set
forth in Section 6.1 (e), through Section 6.1 (g) in relation to Borrower's managing general
partner, unless the removal and replacement of Borrower's managing general partner in
accordance with Section 4.12(f), within the time frame set forth in Section 6.5 cures such a
default.
Section 6.2 Remedies.
Upon the occurrence of an Event of Default and until such Event of Default is cured or
waived, the County is relieved of any obligation to disburse any portion of the Loan. In addition,
upon the occurrence of an Event of Default and following the expiration of all applicable notice
and cure periods the County may proceed with any and all remedies available to it under law,
this Agreement, and the other Loan Documents. Such remedies include but are not limited to the
following:
(a) Acceleration of Note. The County may cause all indebtedness of
Borrower to the County under this Agreement and the Note, together with any accrued interest
thereon, to become immediately due and payable. Borrower waives all right to pres entment,
demand, protest or notice of protest or dishonor. The County may proceed to enforce payment of
the indebtedness and to exercise any or all rights afforded to the County as a creditor and secured
party under the law including the Uniform Commercia l Code, including foreclosure under the
Deed of Trust. Borrower is liable to pay the County on demand all reasonable expenses, costs
and fees (including, without limitation, reasonable attorney's fees and expenses) paid or incurred
by the County in connection with the collection of the Loan and the preservation, maintenance,
protection, sale, or other disposition of the security given for the Loan.
(b) Specific Performance. The County has the right to mandamus or other
suit, action or proceeding at law or in equity to require Borrower to perform its obligations and
covenants under the Loan Documents or to enjoin acts on things that may be unlawful or in
violation of the provisions of the Loan Documents.
(c) Right to Cure at Borrower's Expense. The County has the right (but not
the obligation) to cure any monetary default by Borrower under a loan other than the Loan.
Upon demand therefor, Borrower shall reimburse the County for any funds advanced by the
County to cure such monetary default by Borrower, together with interest thereon from the date
of expenditure until the date of reimbursement at the Default Rate.
Section 6.3 Right of Contest.
Borrower may contest in good faith any claim, demand, levy, or assessment the assertion
of which would constitute an Event of Default hereunder. Any such contest is to be prosecuted
diligently and in a manner unprejudicial to the County or the rights of the County hereunder.
Section 6.4 Remedies Cumulative.
No right, power, or remedy given to the County by the terms of this Agreement or the
other Lo an Documents is intended to be exclusive of any other right, power, or remedy; and each
and every such right, power, or remedy is cumulative and in addition to every other right, power,
30
863\104\2216717.5
or remedy given to the County by the terms of any such instrument, or by any statute or
otherwise against Borrower and any other person. Neither the failure nor any delay on the part
of the County to exercise any such rights and remedies will operate as a waiver thereof, nor does
any single or partial exercise by the County of any such right or remedy preclude any other or
further exercise of such right or remedy, or any other right or remedy.
Section 6.5 Notice and Cure Rights of Limited Partner.
The County shall provide the Investor Limited Partner and any limited partner of
Borrower who has requested written notice from the County ("Permitted Limited Partner") a
duplicate copy of all notices of default that the County may give to or serve in writing upon
Borrower pursuant to the terms of the Loan Documents, at the address set forth in Section 7.9,
provided, the County shall have no liability to the Permitted Limited Partner for its failure to do so .
The Permitted Limited Partner has the right, but not the obligation, to cure any default of Borrower
set forth in such notice, during the applicable cure period described in the Loan Documents, and the
County will accept tender of such cure as if delivered by Borrower. If the Permitted Limited
Partner is unable to cure a default because Borrower's general partner is in bankruptcy and/or
because the cure requires removal of the general partner of Borrower and the Permitted Limited
Partner is proceeding diligently to remove the general partner of Borrower in order to effect a
cure of the default, the cure period will be extended for such rea sonable time as is necessary for
the Permitted Limited Partner to effect a cure of the default, but in no event longer than sixty (60)
days after the date of receipt by the Permitted Limited Partner of written notice of the default.
ARTICLE 7 GENERAL PROVISIONS
Section 7.1 Relationship of Parties.
Nothing contained in this Agreement is to be interpreted or understood by any of the
parties, or by any third persons, as creating the relationship of employer and employee, principal
and agent, limited or general partnership, or joint venture between the County and Borrower or
its agents, employees or contractors, and Borrower will at all times be deemed an independent
contractor and to be wholly responsible for the manner in which it or its agents, or both, perform
the services required of it by the terms of this Agreement. Borrower has and retains the right to
exercise full control of employment, direction, compensation, and discharge of all persons
assisting in the performance of services under the Agreement. In regards to the rehabilitation
and operation of the Development, Borrower is solely responsible for all matters relating to
payment of its employees, including compliance with Social Security, withholding, and all other
laws and regulations governing such matters, and must include requirements in each contract that
contractors are solely responsible for similar matters relating to their employees. Borrower is
solely responsible for its own acts and those of its agents and employees.
Section 7.2 No Claims.
Nothing contained in this Agreement creates or justifies any claim against the County by
any person that Borrower may have employed or with whom Borrower may have contracted
relative to the purchase of materials, supplies or equipment, or the furnishing or the performance
31
863\104\2216717.5
of any work or services with respect to the purchase of the Property, the rehabilitation or
operation of the Development, and Borrower shall include similar requirements in any contracts
entered into for the rehabilitation or operation of the Development.
Section 7.3 Amendments.
No alteration or variatio n of the terms of this Agreement is valid unless made in writing
by the parties. The County Deputy Director, Department of Conservation and Development is
authorized to execute on behalf of the County amendments to the Loan Doc uments or amended
and restated Loan Documents as long as any discretionary change in the amount or terms of this
Agreement is approved by the County's Board of Supervisors.
Section 7.4 Indemnification.
Borrower shall indemnify, defend and hold the County and its board members,
supervisors, directors, officers, employees, agents, successors and assigns harmless against any
and all claims, suits, actions, losses and liability of every kind, nature and description made
against it and expenses (including reasonable attorneys' fees) which arise out of or in connection
with this Agreement, including but not limited to the purchase of the Property and the
development, construction, marketing and operation of the Development, except to the extent
such claim arises from the gross negligence or willful misconduct of the County, its agents, and
its employees. The provisions of this Section will survive the expiration of the Term and the
reconveyance of the Deed of Trust.
Section 7.5 Non-Liability of County Officials, Employees and Agents.
N o member, official, employee or agent of the County is personally liable to Borrower in
the event of any default or breach of this Agreement by the County or for any amount that may
become due from the County pursuant to this Agreement.
Section 7.6 No Third Party Beneficiaries.
There are no third party beneficiaries to this Agreement.
Section 7.7 Discretion Retained By County.
The County's execution of this Agreement in no way limits any discretion the County
may have in the permit and approval process related to the rehabilitat ion of the Development.
Section 7.8 Conflict of Interest.
(a) Except for approved eligible administrative or personnel costs, no person
described in Section 7.8(b) below who exercises or has exercised any functions or
responsibilities with respect to the activities funde d pursuant to this Agreement or who is in a
position to participate in a decision-making process or gain inside information with regard to
such activities, may obtain a financial interest or benefit from the activity, or have a financial
interest in any contract, subcontract or agreement with respect thereto, or the proceeds
thereunder, either for themselves or those with whom they have immediate family or business
32
863\104\2216717.5
ties, during, or at any time after, such person's tenure. Borrower shall exercise due dilige nce to
ensure that the prohibition in this Section 7.8(a) is followed.
(b) The conflict of interest provisions of Section 7.8(a) above apply to any
person who is an employee, agent, consultant, officer, or elected or a ppointed official of the
County.
(c) In accordance with California Government Code Section 1090 and the
Political Reform Act, California Government Code section 87100 et seq., no person who is a
director, officer, partner, trustee or employee or consultant of Borrower, or immediate family
member of any of the preceding, may make or participate in a decision, made by the County or a
County board, commission or committee, if it is reasonably foreseeable that the decision will
have a material effect on any source of income, investment or interest in real property of that
person or Borrower. Interpretation of this section is governed by the definitions and provisions
used in the Political Reform Act, California Government Code Section 87100 et seq., its
implementing regulations manual and codes, and California Government Code Section 1090.
Section 7.9 Notices, Demands and Communications.
All notices required or permitted by any provision of this Agreement must be in writing
and sent by registered or certified mail, postage prepaid, return receipt requested, or deliver ed by
express delivery service, return receipt requested, or delivered personally, to the principal office
of the Parties as follows:
County: County of Contra Costa
Department of Conservation and Development
30 Muir Road
Martinez, CA 94553
Attention: Affordable Housing Program Manager
Borrower: Chesley Avenue Limited Partnership
c/o Eden Housing, Inc.
409 Jackson Street
Hayward, CA 94544
Attention: Executive Director
Investor Limited
Partner: Tax Credit Fund-XXIX Limited Partnership
c/o RBC Tax Credit Equity, LLC
600 Superior Avenue
Suite 2300
Cleveland, OH 44114
Attention: President and General Counsel
RBC Tax Credit Manager II, Inc.,
c/o RBC Tax Credit Equity, LLC
600 Superior Avenue
Suite 2300
Cleveland, OH 44114
Attention: President and General Counsel
33
863\104\2216717.5
with a copy to: Bocarsly Emden Cowan Esmail & Arndt LLP
633 West Fifth Street, 64th Floor
Los Angeles, CA 90071
Attention: Kyle B. Arndt
Such written notices, demands and communications may be sent in the same manner to such
other addresses as the affected party may from time to time designate by mail as provided in this
Section. Receipt will be deemed to have occurred on the date shown on a written receipt as the
date of delivery or refusal of delivery (or attempted delivery if undeliverable).
Section 7.10 Applicable Law.
This Agreement is governed by the laws of the State of California.
Section 7.11 Parties Bound.
Except as otherwise limited herein, this Agreement binds and inures to the benefit of the
parties and their heirs, executors, administrators, legal representatives, successors, and assigns.
This Agreement is intended to run with the land and to bind Borrower and its successors and
assigns in the Property and the Development for the entire Term, and the benefit hereof is to
inure to the benefit of the County and its successors and assigns.
Section 7.12 Attorneys' Fees.
If any lawsuit is commenced to enforce any of the terms of this Agreement, the prevailing
party will have the right to recover its reasonable attorneys ' fees and costs of suit from the other
party.
Section 7.13 Severability.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid,
void or unenforceable, the remainder of the provisions will continue in full force and effect
unless the rights and obligations of the parties have been materially altered or abridged by such
invalidation, voiding or unenforceability.
Section 7.14 Force Majeure.
In addition to specific provisions of this Agreement, p erformance by either party will not
be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lock -
outs, riots, floods, earthquakes, fires, quarantine restrictions, freight embargoes, lack of
transportation, or court order. An extension of time for any cause will be deemed granted if
notice by the party claiming such extension is sent to the other within ten (10) days from the
commencement of the cause and such extension of time is not re jected in writing by the other
party within ten (10) days after receipt of the notice. In no event will the County be req uired to
agree to cumulative delays in excess of one hundred eighty (180) days.
34
863\104\2216717.5
Section 7.15 County Approval.
The County has authorized the County Deputy Director, Department of Conservation and
Development to execute the Loan Documents and deliver such approvals or consents as are
required by this Agreement, and to execute estoppel certificates concerning the status of the
Loan and the existence of Borrower defaults under the Loan Documents.
Section 7.16 Waivers.
Any waiver by the County of any obligation or condition in this Agreement must be in
writing. No waiver will be implied from any delay or failure by the County to take action on any
breach or default of Borrower or to pursue any remedy allowed under this Agreement or
applicable law. Any extension of time granted to Borrower to perform any obligation under this
Agreement does not operate as a waiver or release from any of its obligations under this
Agreement. Consent by the County to any act or omission by Borrower may not be construed to
be consent to any other or subsequent act or omission or to waive the requirement for the
County's written consent to future waivers.
Section 7.17 Title of Parts and Sections.
Any titles of the sections or subsections of this Agreement are inserted for convenience of
reference only and are to be disregarded in interpreting any part of the Agreement's provisions.
Section 7.18 Entire Understanding of the Parties.
The Loan Documents constitute the entire agreement of the p arties with respect to the
Loan.
Section 7.19 Multiple Originals; Counterpart.
This Agreement may be executed in multiple originals, each of which is deemed to be an
original, and may be signed in counterparts.
Remainder of Page Left Intentionally Blank
Signature page
County Loan Agreement
863\104\2216717.5
35
The parties are executing this Agreement as of the date first written above.
COUNTY:
COUNTY OF CON TRA COSTA, a political subdivision of
the State of California
By: _______________________________
John Kopchik
Director, Department of Conservation and
Development
APPROVED AS TO FORM:
SHARON L. ANDERSON
County Counsel
By: ______________________
Kathleen Andrus
Deputy County Counsel
Signature page
County Loan Agreement
863\104\2216717.5
36
BORROWER:
CHESLEY AVENUE LIMITED PARTNERSHIP , a
California limited partnership
By: Chesley Avenue LLC , a California limited liability
company, its general partner
By: Eden Housing, Inc., a California nonprofit
public benefit corporation, its member
By: ___________________________
Linda Mandolini,
Executive Director
By: Community Housing Development
Corporation of North Richmond, a
California nonprofit public benefit
corporation, its member
By: ___________________________
Don Gilmore,
Executive Director
A-1
863\104\2216717.5
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
The land is situated in the State of California, County of Contra Costa, and is described as
follows:
B-1
863\104\2216717.5
EXHIBIT B
APPROVED DEVELOPMENT BUDGET
TABLE OF CONTENTS
Page
i
863\104\2216717.5
ARTICLE 1 DEFINITIONS AND EXHIBITS ............................................................................2
Section 1.1 Definitions................................................................................................... 2
Section 1.2 Exhibits ....................................................................................................... 5
ARTICLE 2 LOAN PROVISIONS ..............................................................................................6
Section 2.1 Loan. ........................................................................................................... 6
Section 2.2 Interest......................................................................................................... 6
Section 2.3 Use of Loan Funds. ..................................................................................... 6
Section 2.4 Security. ...................................................................................................... 6
Section 2.5 Subordination. ............................................................................................. 6
Section 2.6 Conditions Precedent to Disbursement of Loan Funds ............................... 7
Section 2.7 Conditions Precedent to Disbursement of Rete ntion. ................................. 9
Section 2.8 Repayment Schedule................................................................................. 10
Section 2.9 Non-Recourse............................................................................................ 10
ARTICLE 3 REHABILITATION OF THE DEVELOPMENT .................................................11
Section 3.1 Permits and Approvals. ............................................................................. 11
Section 3.2 Bid Package............................................................................................... 11
Section 3.3 Construction Contract. .............................................................................. 11
Section 3.4 Construction Bonds................................................................................... 12
Section 3.5 Commencement of Construction. ............................................................. 12
Section 3.6 Completion of Construction...................................................................... 12
Section 3.7 Changes; Construction Pursuant to Plans and Laws. ................................ 12
Section 3.8 Prevailing Wages. ..................................................................................... 13
Section 3.9 Accessibility.............................................................................................. 15
Section 3.10 Equal Opportunity..................................................................................... 15
Section 3.11 Minority and Women-Owned Contractors. .............................................. 16
Section 3.12 Progress Reports. ...................................................................................... 16
Section 3.13 Construction Responsibilities. .................................................................. 16
Section 3.14 Mechanics Liens, Stop Notices, and Notices of Completion.................... 16
Section 3.15 Inspections. ............................................................................................... 17
Section 3.16 Approved Development Budget; Revisions to Budget. ............................ 17
ARTICLE 4 LOAN REQUIREMENTS .....................................................................................17
Section 4.1 Reserve Accounts...................................................................................... 17
Section 4.2 Financia l Accountings and Post-Completion Audits. ............................... 18
Section 4.3 Approval of Annual Operating Budget. .................................................... 18
Section 4.4 Information................................................................................................ 18
Section 4.5 County Audits. .......................................................................................... 18
Section 4.6 Hazardous Materials. ................................................................................ 19
Section 4.7 Maintenance; Damage and Destruction. ................................................... 21
Section 4.8 Fees and Taxes. ......................................................................................... 21
Section 4.9 Notice of Litigation. .................................................................................. 22
Section 4.10 Operation of Development as Affordable Housing. ................................. 22
Section 4.11 Nondiscrimination..................................................................................... 22
TABLE OF CONTENTS
(continued)
Page
ii
863\104\2216717.5
Section 4.12 Transfer. .................................................................................................... 22
Section 4.13 Insurance Requirements. ........................................................................... 23
Section 4.14 Covenants Regarding Approved Financing and Partnership
Agreement. ................................................................................................ 25
ARTICLE 5 REPRESENTATIONS AND WARRANTIES OF BORROWER .......................25
Section 5.1 Representations and Warranties................................................................ 25
ARTICLE 6 DEFAULT AND REMEDIES ...............................................................................27
Section 6.1 Events of Default. ..................................................................................... 27
Section 6.2 Remedies. .................................................................................................. 29
Section 6.3 Right of Contest. ....................................................................................... 29
Section 6.4 Remedies Cumulative. .............................................................................. 29
Section 6.5 Notice and Cure Rights of Limited Partner. ............................................. 30
ARTICLE 7 GENERAL PROVISIONS ....................................................................................30
Section 7.1 Relationship of Parties. ............................................................................. 30
Section 7.2 No Claims. ................................................................................................ 30
Section 7.3 Amendments. ............................................................................................ 31
Section 7.4 Indemnification. ........................................................................................ 31
Section 7.5 Non-Liability of County Officials, Employees and Agents...................... 31
Section 7.6 No Third Party Beneficiaries. ................................................................... 31
Section 7.7 Discretion Retained By County. ............................................................... 31
Section 7.8 Conflict of Interest. ................................................................................... 31
Section 7.9 Notices, Demands and Communications. ................................................. 32
Section 7.10 Applicable Law. ........................................................................................ 33
Section 7.11 Parties Bound. ........................................................................................... 33
Section 7.12 Attorneys' Fees. ......................................................................................... 33
Section 7.13 Severability. .............................................................................................. 33
Section 7.14 Force Majeure. .......................................................................................... 33
Section 7.15 County Approval....................................................................................... 34
Section 7.16 Waivers. .................................................................................................... 34
Section 7.17 Title of Parts and Sections. ....................................................................... 34
Section 7.18 Entire Understanding of the Parties. ......................................................... 34
Section 7.19 Multiple Originals; Counterpart................................................................ 34
EXHIBIT A Legal Description of the Property
EXHIBIT B Approved Development Budget
863\104\2216717.5
CDBG LOAN AGREEMENT
Between
COUNTY OF CONTRA COSTA
And
CHESLEY AVENUE LIMITED PARTNERSHIP
Chesley Mutual Housing
dated _____________, 2019
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the
County Master Subscription Agreement (Contract #23-616-2) containing mutual indemnification, and a
Service Order Form with Collective Medical Technologies, Inc., a corporation, in an amount not to exceed
$25,000, to provide software hosting, licensing and support of contractor’s emergency department data
sharing application for Contra Costa Regional Medical Center (CCRMC), for the period February 13, 2019
through February 12, 2022.
FISCAL IMPACT:
This contract is funded 100% by Hospital Enterprise Fund I.
BACKGROUND:
The Health Services Department will use the vendor’s emergency department information exchange (EDie)
software application to support the Community Connect Project to identify in real-time patients who are
seen in the Emergency Department (ED). Collective’s EDie application integrates with other hospital
emergency departments in the greater Bay Area region.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V
Supervisor
Contact: Patrick Wilson,
925-335-8700
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: F Carroll, M Wilhelm
C. 30
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:November 12, 2019
Contra
Costa
County
Subject:Contact #23-616-2 with Collective Medical Technologies
BACKGROUND: (CONT'D)
By sharing this information, providers at CCRMC will be able to see services rendered at other Bay
Area ED, reducing duplicate workups (labs, imaging, etc.). Having this information is expected to
improve the outcomes of the lives of patients seen at CCRMC who are also seen in other ED’s.
On June 20, 2017, the Board of Supervisors approved Contract #23-616 with Collective Medical
Technologies, Inc., for the period of June 1, 2017, through May 31, 2020. The contract was later
terminated under Board action, Consent Item C.63 dated November 13, 2018. However, it was intended
that only a portion of the subscription services provided for under the agreement, be terminated, and not
the entire contract. That is, the Pre-Managed care software application was to be canceled, and not the
data exchange tool; Collective EDie.
Approval of Contract #23-616-2 will allow the Contractor to continue providing services for a no-fee
period. The no-fee-period will begin on the SOF Effective Date and continue until a date that County
determines it is deriving value from the application. At which time, the County will notify the
Contractor in writing that the No-Fee-Period is being terminated. Thereafter, each year, beginning on the
date on which the No-Fee Period terminates, County will pay an Annual Subscription Fee within thirty
(30) days of receipt of an invoice from Contractor. The annual subscription term is one (1) year with
optional auto-renewal, pursuant to Section 13 of the Master Subscription Agreement.
This Contract obligates the County to indemnify and defend the Contractor from losses occurring as a
result of County’s breach of the Master Subscription Agreement. Under the Master Subscription
Agreement, the vendor’s liability to third parties is limited to its insurance limits - $5,000,000.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, CCRMC will not reap the benefits of real-time data exchange, risk
analytics, notifications and shared care guidelines, which help guide provider decision making and
differential outcomes in terms of reduced ED utilization and inpatient re-admissions.
ATTACHMENTS
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the
County Contract #24-681-84(18) with United Family Care, LLC (dba Family Courtyard), a limited liability
company, in an amount not to exceed $315,725, to provide augmented board and care services, for the
period December 1, 2019 through November 30, 2020.
FISCAL IMPACT:
This contract is funded 100% by Mental Health Realignment Funds.
BACKGROUND:
This Contract meets the social needs of the County's population in that it provides augmentation of room
and board, and twenty-four hour emergency residential care and supervision to eligible mentally disordered
clients, who are specifically referred by the Mental Health Program Staff and who are served by County
Mental Health Services.
On October 23, 2018, the Board of Supervisors approved Contract #24-681-84(16) (as amended by
Amendment Agreement 24-681-84(17)) with United Family Care, LLC (dba Family Courtyard), for the
period December 1, 2018 through November 30, 2019, for the provision of augmented board and care
services for County-referred mentally disordered clients.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
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: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: F Carroll, M Wilhelm
C. 31
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:November 12, 2019
Contra
Costa
County
Subject:Contract #24-681-84(18) with United Family Care, LLC (dba Family Courtyard)
BACKGROUND: (CONT'D)
Approval of Contract #24-681-84(18) will allow the contractor to continue to provide augmented board and
care services, through November 30, 2020.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, County residents will not receive services provided by this contractor.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a
contract with STAND! For Families Free of Violence, a non-profit corporation, in an amount not to exceed
$326,500 to continue implementation of the Phase III Lethality Assessment Program for Domestic Violence
Homicide Prevention for the period October 1, 2019 through September 30, 2020.
FISCAL IMPACT:
This will increase department expenditures by $326,500, funded entirely by Federal funds, from a
Department of Justice Grant, CFDA #16.590.
BACKGROUND:
The Contra Costa Alliance to End Abuse (Alliance), formerly Zero Tolerance for Domestic Violence
Initiative, applied for and received funds from the U.S. Department of Justice, Office on Violence Against
Women (OVW), Domestic Violence Homicide Prevention Demonstration (Project) in 2013. The Project
will build the capacity of the County to improve identification of and services for high-risk victims, while
better monitoring high-risk offenders to reduce domestic violence-related homicides and near homicides.
This Project will document and disseminate solutions for replication across the country.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V
Supervisor
Contact: Gina Chenoweth
8-4961
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc:
C. 32
To:Board of Supervisors
From:Kathy Gallagher, Employment & Human Services Director
Date:November 12, 2019
Contra
Costa
County
Subject:Contract with STAND! For Families Free of Violence for Phase III Lethality Assessment Program
BACKGROUND: (CONT'D)
The Project has been implemented in phases - an assessment phase (Phase I) and an implementation phase
(Phase II). OVW completed Phase I in September 2014 and selected the Alliance as one of four sites to
participate in Phase II of the Project and implement the Lethality Assessment Program (LAP), a recognized
promising practice. In 2016, OVW renewed funding in order for the Alliance to continue implementation of
the LAP model (Phase III). The Alliance is engaging STAND! For Families Free From Violence to assist in
carrying out activities consistent with the funding application.
CONSEQUENCE OF NEGATIVE ACTION:
Valuable services to victims of violence will not be provided.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the
County Contract #23-324-18 with Toyon Associates, Inc., a corporation, in an amount not to exceed
$250,000 to provide consultation and technical assistance on healthcare financial issues, including Medicare
and Medi-Cal auditing and reporting, for the period from January 1, 2020 through December 31, 2021.
FISCAL IMPACT:
This Contract is funded 100% by Hospital Enterprise I funds. (No rate increase).
BACKGROUND:
On January 9, 2018, the Board of Supervisors approved Contract #23-324-16 with Toyon Associates, Inc.,
to provide consultation and technical assistance regarding Medicare and Medi-Cal Auditing and Reporting,
including technical research and advice, for the period from January 1, 2018 through December 31, 2019.
Approval of Contract #23-324-18 will allow Contractor to continue providing services through December
31, 2021.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V
Supervisor
Contact: Patrick Godley,
925-957-5410
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: F Carroll, M Wilhelm
C. 33
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:November 12, 2019
Contra
Costa
County
Subject:Contract #23-324-18 with Toyon Associates, Inc.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, the hospital will be unable to complete required Medicare & Medi-Cal cost
reports and will be unable to run interim cost reports to ensure that expected revenues are within the
funding range included in the annual adopted budget.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director,
a purchase order with Express Scripts Pharmacy, Inc., in an amount not to exceed $500,000 for
pharmaceuticals used at the Contra Costa Regional Medical Center and Health Centers, Martinez Detention
Facility, and West County Detention Facility for the period December 1, 2019 through November 30, 2020.
FISCAL IMPACT:
100% funding is included in the Hospital Enterprise Fund I budget.
BACKGROUND:
Express Scripts Pharmacy, Inc. (formerly Curascript, Inc.) is a pharmaceutical company that provides the
Contra Costa Regional Medical Center and Health Centers, Martinez Detention Center, and the West
County Detention Center with hormone implant Nexplanon to be used in the Obstetrics/Gynecology Unit.
CONSEQUENCE OF NEGATIVE ACTION:
If this Purchase Order is not approved, Contra Costa Regional Medical Center and Health Centers, Martinez
Detention Center, and the West County Detention Center we will not be able to purchase Nexplanon for
patients.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
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: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: Irene Segovia, Marcy Wilhelm
C. 34
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:November 12, 2019
Contra
Costa
County
Subject:Purchase Order with Express Scripts Pharmacy, Inc.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the
County Contract #76-624-1 with Sharjo, Inc. (dba Servicemaster Restoration Services), a corporation, in an
amount not to exceed $300,000, to provide emergency restoration services to resolve emergency events
requiring immediate assistance as determined by the Facilities Administration staff at Contra Costa
Regional Medical Center (CCRMC) and Health Centers for the period December 1, 2019 through
November 30, 2020.
FISCAL IMPACT:
This Contract is funded 100% by Hospital Enterprise Fund I. (No rate increase)
BACKGROUND:
In November 2018, the County Administrator approved and the Purchasing Services Manager executed
Contract #76-624 with Sharjo, Inc. (dba Servicemaster Restoration Services), for the provision of
emergency restoration services to resolve emergency events requiring immediate assistance, for the period
December 1, 2018 through November 30, 2019.
Approval of Contract #76-624-1 will allow Contractor to continue providing services through November
30, 2020.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V
Supervisor
Contact: Jaspreet Benepal,
925-957-5741
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: E Suisala , M Wilhelm
C. 35
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:November 12, 2019
Contra
Costa
County
Subject:Contract #76-624-1 with Sharjo, Inc. (dba Servicemaster Restoration Services)
CONSEQUENCE OF NEGATIVE ACTION:
If this Contract is not approved, CCRMC and Health Centers will not have access to emergency restoration
services.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the
County Contract #26-672-7 with Siri Sunderi Cheng, M.D., an individual, in an amount not to exceed
$390,000 to provide otolaryngology services for 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 Hospital Enterprise Fund I. (No rate increase)
BACKGROUND:
On October 18, 2016, the Board of Supervisors approved Contract #26-672-5 (as amended by Contract
Amendment Agreement #26-672-6) with Siri Sunderi Cheng, M.D., to provide otolaryngology services,
including clinical coverage, consultation, training, on-call and administrative services for CCRMC and
Contra Costa Health Centers, for the period October 1, 2016 through September 30, 2019.
Approval of Contract #26-672-7 will allow Contractor to continue to provide otolaryngology services to
CCRMC patients, through September 30, 2020.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
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: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: A Floyd, M Wilhelm
C. 36
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:November 12, 2019
Contra
Costa
County
Subject:Contract #26-672-7 with Siri Sunderi Cheng, M.D.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, patients requiring otolaryngology 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 #26-681-7 with Mark Kogan, M.D., an individual, in an amount not to exceed $300,000 to
provide gastroenterology services for Contra Costa Regional Medical Center (CCRMC) and Contra Costa
Health Center patients, for the period January 1, 2020 through December 31, 2022.
FISCAL IMPACT:
This Contract is funded 100% by Hospital Enterprise Fund I. (No rate increase)
BACKGROUND:
On November 1, 2016, the Board of Supervisors approved Contract #26-681-6 with Mark Kogan, M.D., to
provide gastroenterology services, including clinical coverage, gastrointestinal laboratory sessions,
consultation, training, on-call coverage, and medical and/or surgical procedures, at CCRMC, for the period
from January 1, 2017 through December 31, 2019.
Approval of Contract #26-681-7 will allow Contractor to continue to provide gastroenterology services to
CCRMC and Contra Costa Health Center patients through December 31, 2022.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
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: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: A Floyd , M Wilhelm
C. 37
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:November 12, 2019
Contra
Costa
County
Subject:Contract #26-681-7 with Mark Kogan, M.D.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, patients requiring gastroenterology 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 #76-507-17 with Lee A. Shratter, M.D, an individual, in an amount not to exceed
$1,230,000, to provide radiology services at Contra Costa Regional Medical Center (CCRMC) and Contra
Costa Health Centers, for the period January 1, 2020 through December 31, 2022.
FISCAL IMPACT:
This Contract is funded 100% by Hospital Enterprise Fund I. (No rate increase)
BACKGROUND:
On December 6, 2016, the Board of Supervisors approved Contract #76-507-14 (as amended by Contract
Amendment Agreement #76-507-16) with Lee A. Shratter, M.D., for the provision of radiology services
including consultation, on-call coverage, and interpretation of computed tomography scans, magnetic
resonance imaging, ultrasounds, invasive procedures and plain films at CCRMC and Health Centers, for the
period from January 1, 2017 through December 31, 2019.
Approval of Contract #76-507-17 will allow Contractor to continue to provide radiology services at
CCRMC through December 31, 2022.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
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: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: A Floyd , M Wilhelm
C. 38
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:November 12, 2019
Contra
Costa
County
Subject:Contract #76-507-17 with Lee A. Shratter, M.D.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, County’s clients will not have access to Contractor’s radiology services.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the
County Contract #24-681-94(3) with PH Senior Care, LLC (dba Pleasant Hill Manor), a limited liability
company, in an amount not to exceed $803,400, to provide augmented residential board and care services,
including room, board, care and supervision, for the period December 1, 2019 through November 30, 2020.
FISCAL IMPACT:
This Contract is funded by 88% Mental Health Realignment funds and 12% Mental Health Services Act.
BACKGROUND:
This Contract meets the social needs of the County's population by augmenting room and board and
providing twenty-four hour emergency residential care and supervision to eligible mentally disordered
clients, who are specifically referred by the Mental Health Program Staff and who are served by County
Mental Health Services.
On November 13, 2018, the Board of Supervisors approved Contract #24-681-94(2) with PH Senior Care,
LLC (dba Pleasant Hill Manor), for the provision of augmented board and care services for County-referred
mentally disordered clients, for the period from December 1, 2018 through November 30, 2019.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
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: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: A Floyd, M Wilhelm
C. 39
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:November 12, 2019
Contra
Costa
County
Subject:Contract #24-681-94(3) with PH Senior Care, LLC (dba Pleasant Hill Manor)
BACKGROUND: (CONT'D)
Approval of Contract #24-681-94(3), will allow the Contractor to continue to provide augmented board and
care services through November 30, 2020.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, County’s mentally disordered residents will not receive the care and
supervision they need which may result in increased hospitalizations.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the
County Contract #76-506-12 with Robert Liebig, M.D, an individual, in an amount not to exceed
$1,905,000, to provide radiology services at Contra Costa Regional Medical Center (CCRMC) and Health
Centers, for the period January 1, 2020 through December 31, 2022.
FISCAL IMPACT:
This Contract is funded 100% by Hospital Enterprise Fund I. (No rate increase)
BACKGROUND:
On December 20, 2016, the Board of Supervisors approved Contract #76-506-11 with Robert Liebig, M.D.,
for the provision of radiology services including consultation, on-call coverage, and interpretation of
computed tomography scans, magnetic resonance imaging, ultrasounds, invasive procedures and plain films
at CCRMC for the period from January 1, 2017 through December 31, 2019.
Approval of Contract #76-506-12 will allow Contractor to continue to provide radiology services at
CCRMC through December 31, 2022.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
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: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: A Floyd , M Wilhelm
C. 40
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:November 12, 2019
Contra
Costa
County
Subject:Contract #76-506-12 with Robert Liebig, M.D.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, County’s clients will not have access to Contractor’s radiology services.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the
County Contract Amendment Agreement #26-788-9 with Peyman Keyashian, M.D., an individual, effective
December 1, 2019, to amend Contract #26-788-8 to increase the payment limit by $115,000, from $565,000
to a new payment limit of $680,000, with no change in the term of February 1, 2019 through January 31,
2020.
FISCAL IMPACT:
This amendment is funded 100% by Hospital Enterprise Fund I. (No rate increase)
BACKGROUND:
On February 12, 2019, the Board of Supervisors approved Contract #26-788-8 with Peyman Keyashian,
M.D., for the provision of anesthesiology services including consultation, training and medical and surgical
procedures at Contra Costa Regional Medical Center (CCRMC) and Health Centers, for the period from
February 1, 2019 through January 31, 2020.
Approval of Contract Amendment Agreement #26-788-9 will allow the Contractor to provide additional
anesthesiology services at CCRMC and Health Centers through January 31, 2020.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
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: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc: A. Floyd , M Wilhelm
C. 41
To:Board of Supervisors
From:Anna Roth, Health Services Director
Date:November 12, 2019
Contra
Costa
County
Subject:Amendment #26-788-9 with Peyman Keyashian, M.D.
CONSEQUENCE OF NEGATIVE ACTION:
If this amendment is not approved, patients requiring anesthesiology services will not have access to
Contractor’s services.
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract amendment with
Ikechi Ogan M.D., to increase the payment limit by $500,000 to a new payment limit of $1,000,000 for the
provision of forensic pathology services for the term of October 1, 2018 through September 30, 2020.
FISCAL IMPACT:
100% County General Fund; $1,000,000. Budgeted.
BACKGROUND:
The Office of the Sheriff-Coroner currently has three forensic pathologists however Dr. Ogan performs
most of the pathology services at the coroner's office. Dr. Ogan specializes in pathology and forensic
pathology. Dr. Ogan assumes responsibility for and performs autopsy services for deaths that fall within the
jurisdiction of the Coroner, he prepare as required documents and reports, provides training to personnel,
provides court testimony as required, and ensures that quality standards are met for the services performed.
Dr. Ogan performs most of the pathology services at the coroner's office and this contract limit increase is
expected to get us through the end of the contract and will allow the Sheriff-Coroner’s Office to continue to
meet the obligations to provide forensic pathology services.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V
Supervisor
Contact: Sandra Brown,
925-335-1553
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc:
C. 42
To:Board of Supervisors
From:David O. Livingston, Sheriff-Coroner
Date:November 12, 2019
Contra
Costa
County
Subject:Forensic Pathology Services - Ikechi Ogan M.D.
CONSEQUENCE OF NEGATIVE ACTION:
If a negative action is given this will result in the Sheriff’s Office running out of funding on the contract
and losing Dr. Ogan's services.
CHILDREN'S IMPACT STATEMENT:
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Total Firearms
Training in an amount not to exceed $215,600.00 to provide firearms range safety management for Sheriff's
personnel and range visitors for the period January 1, 2019 through December 31, 2020.
FISCAL IMPACT:
$215,600.00. Budgeted (70% County General Fund, 30% participant fees)
BACKGROUND:
Total Firearms Training will provide Rangemaster, Armorer, and Instructor services at the Sheriff's Range
for the Office of the Sheriff. Contractor will provide firearms range safety management for Sheriff's
personnel and range visitors to include, observation of Sheriff's personnel and visitors while they are
handling firearms, advise of any safety concerns observed, and take immediate action to stop any activity
viewed as presenting a danger to life or property. Contractor will perform range maintenance and
improvement supervision, perform tasks related to armorer repair, and provide firearms instruction.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V
Supervisor
Contact: Sandra Brown
925-335-1553
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc:
C. 43
To:Board of Supervisors
From:David O. Livingston, Sheriff-Coroner
Date:November 12, 2019
Contra
Costa
County
Subject:Total Firearms Training
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Interim Risk Manager to execute a contract with Tuell & Associates for
Workers' Compensation staffing services for the period from November 1, 2019 through October 31, 2020
in an amount not to exceed $400,000.
FISCAL IMPACT:
Costs for workers' compensation services are funded through the Workers' Compensation Internal Service
Fund.
BACKGROUND:
Tuell & Associates specializes in providing highly experienced temporary workers' compensation claims
adjusters and staff for the County's claims processing. Specialized temporary staff is needed to fill vacant
funded positions while we are recruiting to hire permanent staff.
CONSEQUENCE OF NEGATIVE ACTION:
Risk Management will not have adequate technical assistance and staff to process workers' compensation
claims in the timely manner required to satisfy current regulations.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
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: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Laura Cassell, Deputy
cc:
C. 44
To:Board of Supervisors
From:Denise Rojas, Interim Risk Manager
Date:November 12, 2019
Contra
Costa
County
Subject:Contract with Tuell & Associates
RECOMMENDATION(S):
APPROVE and AUTHORIZE County Counsel or her designee to execute on behalf of the County a form
consenting to joint representation of the County and Housing Consortium of the East Bay (HCEB) by
Goldfarb and Lipman LLP in connection with a grant by the County of approximately $1.2 million of Local
Government Special Needs Housing Program (SNHP) funds to pay for HCEB’s acquisition of real property
in Richmond for use as affordable rental housing.
FISCAL IMPACT:
There is no General Fund impact. SNHP funds were provided to the County by the State through the
California Housing Finance Agency.
BACKGROUND:
The County is an existing client of Goldfarb. Goldfarb represents the County on various legal issues related
to redevelopment dissolution, new development financed by the County, and the preparation of legal
documents for County-funded housing programs. Because Goldfarb’s concentration of work is in affordable
housing, it is not uncommon for the firm to have an attorney-client relationship with more than one party to
a complicated housing transaction.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V Supervisor
Contact: Kate Andrus, Deputy County
Counsel, 335-1824
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes
of the Board of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Conservation and Development, Attn: Kara Douglas, County Counsel
C. 45
To:Board of Supervisors
From:Sharon L. Anderson, County Counsel
Date:November 12, 2019
Contra
Costa
County
Subject:APPROVE AND AUTHORIZE CONFLICT WAIVER WITH GOLDFARB & LIPMAN LLP
BACKGROUND: (CONT'D)
Attached is a letter from Goldfarb requesting that the County acknowledge and waive the conflicts that
exist in a transaction in which Goldfarb will represent the County and the Housing Consortium of the
East Bay (HCEB), both of which are parties to a revocable grant agreement, a regulatory agreement and
various ancillary documents as part of a revocable grant from the County to HCEB, as described in the
attached letter from Goldfarb. The letter sets forth the attorney-client relationships that could affect the
firm’s representation of both the County and HCEB and states that different attorneys within Goldfarb
will represent the County and HCEB. The proposed consent to Goldfarb’s dual role is attached to
Goldfarb’s letter.
In the proposed transaction, the County will grant approximately $1.2 million of Local Government
Special Needs Housing Program (SNHP) (formerly a component under the Mental Health Services Act
known as the MHSA Housing Program) funds to HCEB. The revocable grant will be used to pay for
HCEB’s acquisition of real property in Richmond for use as affordable rental housing to individuals with
a serious mental disorder. The grant may be revoked if HCEB fails to make the ten units on the two sites
being acquired available for rent in accordance with the terms of a Regulatory Agreement. The
Regulatory Agreement will have a 55-year term and will be secured by a deed of trust.
Staff for the Health Services Department have advised the County Counsel’s office that it is critical that
the SNHP funds be used this year and that Goldfarb’s assistance will facilitate achieving that goal.
CONSEQUENCE OF NEGATIVE ACTION:
Goldfarb would not be able to continue to represent the County in connection with the revocable grant.
The result would likely be a delay in HCEB’s acquisition of the property and the potential loss of these
SNHP funds.
ATTACHMENTS
Goldfarb Letter
RECOMMENDATION(S):
ACCEPT report regarding Contra Costa County's appointments to the Regional Measure 3 Independent
Oversight Committee.
FISCAL IMPACT:
No impact.
BACKGROUND:
Senate Bill 595 (2017-SB 595) required the nine Bay Area counties to conduct a special election, known as
Regional Measure 3 (RM3), on a proposed increase to toll rates on state-owned bridges in the region. This
election took place on June 5, 2018, with voters approving a three dollar toll increase, phased in one dollar
at a time over the course of six years. SB 595 also required that the Bay Area Toll Authority (BATA)
establish an independent oversight committee comprised of two citizen representatives from each Bay Area
county within six months of the effective date of the toll increase.
The Board of Supervisors, at its July 9, 2019 meeting, referred the recruitment of Independent Oversight
Committee citizen representatives to the Transportation, Water, and Infrastructure Committee (TWIC). At
TWIC's July 18, 2019 meeting, staff presented a draft plan for recruitment. The Committee provided
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V
Supervisor
Contact: Colin Piethe,
925-674-7755
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 46
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:November 12, 2019
Contra
Costa
County
Subject:Update Regarding RM3 Independent Oversight Committee Appointments
BACKGROUND: (CONT'D)
additional direction to staff with the goal of ensuring a comprehensive outreach effort. On August 6th,
the Board of Supervisors authorized TWIC to make final selections.
At the August 12th TWIC meeting, Supervisors Mitchoff and Anderson interviewed seven of the
sixteen applicants, and selected Nazanin Shakerin and Kathy Chang to serve as citizen representatives
from Contra Costa County. On October 9, the Bay Area Toll Authority Oversight Committee approved
Contra Costa County's appointments.
ATTACHMENTS
BATA Oversight Committee Oct. 9
Candidate Application_Kathy Chang_RM3
Resume_Kathy Chang_RM3
Candidate Application_Nazanin Shakerin_RM3
Resume_Nazanin Shakerin_RM3
Bay Area Toll Authority
Oversi ht Committee
October 9, 2019 Agenda Item 4d
Subject:
BATA Resolution No. 131, Revised
Background:
Update to Membership of the Regional Measure 3 Independent Oversight
Committee
In June 2019, BATA adopted Resolution No. 131, establishing the
Regional Measure 3 (RM3) Independent Oversight Committee. The
California Streets and Highways Code Section 30923(h)(2) requires the
Independent Oversight Committee to be composed of two representatives
from each county within the jurisdiction of the Metropolitan
Transportation Commission, to be appointed by the applicable county
Board of Supervisors to serve a four-year term, limited to two terms.
On May 3, 2019, staff sent letters to the Boards of Supervisors of each
county requesting the names of two individuals appointed to the
Independent Oversight Committee. Revisions to Attachment A to BAT A
Resolution No. 131 reflect appointees named by county Boards of
Supervisors to date ( correspondence attached). This month, appointees are
being added from Alameda, Contra Costa, Marin, San Mateo, and Santa
Clara Counties.
According to statute, members of the committee cannot be current or
former members or staff of MTC or BAT A, current employees of an
organization or person that has ever received funds from MTC or BAT A,
or previous employees or contractors of an organization or person that has
ever received funds from MTC or BAT A within one year of having
worked for or contracted with that organization.
Issues: Regional Measure 3 is the subject of ongoing litigation. The committee
will likely not. meet until the litigation is resolved.
Recommendation: Refer BATA Resolution No. 131, Revised to the Authority for approval.
Attachments: BATA Resolution No. 131, Revised
Correspondence appointing committee members
Therese W. McMillan
Date: June 26, 2019
Referred by: BATA Oversight
Revised: 07/24/19-BATA
10/23/19-BATA
ABSTRACT
BATA Resolution No. 131, Revised
This resolution establishes the Regional Measure 3 Independent Oversight Committee, as set
forth in Section 30923(h) of the California Streets and Highways Code and approved by voters
on the June 5, 2018 ballot.
Attachment A to this Resolution was revised on July 24, 2019 to update appointees.
Attachment A to the Resolution was revised on October 23, 2019 to update appointees.
Further discussion of this resolution is contained in the BATA Oversight Committee Summary
Sheets dated June 12, 2019, July 10, 2019, and October 9, 2019.
Date: June 26, 2019
Referred by: BATA Oversight
Re: Regional Measure 3 Independent Oversight Committee
BAY AREA TOLL AUTHORITY
RESOLUTION NO. 131
WHEREAS, on June 5, 2018, a special election was held in the City and County of San
Francisco, and the Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solano,
and Sonoma (individually, each a “County” and, collectively, the “Counties”) to approve a toll
increase of three dollars ($3.00) phased in over time, including a one dollar ($1.00) toll increase on
January 1, 2019, a one dollar ($1.00) toll increase on January 1, 2022, and a one dollar ($1.00) toll
increase on January 1, 2025, for vehicles traveling on the state-owned bridges located in the San
Francisco Bay Area (“Regional Measure 3”); and
WHEREAS, on September 26, 2018, the Bay Area Toll Authority (“Authority”) adopted
Resolution No. 126 accepting certified statements from the Registrar of Voters of the City and County
of San Francisco and each of the Counties and observing that a majority of all voters voting on
Regional Measure 3 at such special election voted affirmatively for Regional Measure 3; and
WHEREAS, on December 19, 2018, the Authority adopted Resolution No. 128 adopting a toll
schedule phasing in the toll increase approved pursuant to Regional Measure 3, effective on January 1,
2019; and
WHEREAS, in accordance with subsection (h) of Section 30923 of the California Streets and
Highways Code (“SHC”), the Authority shall, within six months of the effective date of the toll
increase, establish an independent oversight committee, with specified composition and duties; now,
therefore, be it
RESOLVED, that the Authority specifically finds and declares that the statements, findings
and determinations of the Authority set forth in the preambles above are true and correct; and be it
further
RESOLVED, that pursuant to SHC § 30923(h), the Authority hereby establishes the
Regional Measure 3 Independent Oversight Committee (“Committee”); and be it further
BATA Resolution No. 131
Page 2
RESOLVED, that the Committee shall annually review the expenditure of funds by the
Authority for the projects and programs specified in SHC § 30914.7 and prepare and submit a report to
the transportation committee of each house of the Legislature summarizing its findings, and that the
Committee may request any documents from the Authority to assist the Committee in performing its
functions; and be it further
RESOLVED, that pursuant to SHC § 30923(h)(2), the Committee shall include two
representatives from each county within the jurisdiction of the Metropolitan Transportation
Commission (the “Commission”), and each representative shall be appointed by the applicable
county board of supervisors and serve a four-year term and be limited to two terms; and be it further
RESOLVED, that pursuant to SHC § 30923(h)(3), a representative appointed to the
Committee shall not be a member, former member, staff, or former staff of the Commission or the
Authority, shall not be employed by any organization or person that has received or is receiving
funding from the Commission or the Authority, and shall not be a former employee or a person who
has contracted with any organization or person that has received or is receiving funding from the
Commission or the Authority within one year of having worked for or contracted with that
organization or person; and be it further
RESOLVED, that the Committee roster, as appointed by the applicable county board of
supervisors, is contained in Attachment A to this resolution; and be it further
RESOLVED, that the travel reimbursement rate and stipend policy for members of the
Committee is contained in Attachment B to this resolution; and be it further
RESOLVED, that the Chair of the Authority, the Vice Chair of the Authority, the Executive
Director, the Chief Financial Officer and other appropriate officers and staff of the Authority, are
hereby authorized and directed, jointly and severally, for and in the name and on behalf of the
Authority, to do any and all things that they deem necessary or advisable in order to effectuate the
purposes of this Resolution in accordance with the terms hereof and of applicable provisions of
law.
BATA Resolution No. 131
Page 3
The above resolution was entered into by the
Bay Area Toll Authority at a regular
meeting of the Authority held in San
Francisco, California, on June 26, 2019.
Date: June 26, 2019
Referred by: BATA Oversight
Revised: 07/24/19-BATA
10/23/19-BATA
Attachment A
BATA Resolution No. 131
Page 1 of 1
Regional Measure 3 Independent Oversight Committee Membership
County Member Name Term Length Term No.
Alameda Anu Natarajan July 2019 – June 2023 First
Alameda William Harrison July 2019 – June 2023 First
Contra Costa Nazanin Shakerin July 2019 – June 2023 First
Contra Costa Kathy Chang July 2019 – June 2023 First
Marin Kevin Hagerty July 2019 – June 2023 First
Marin William McNicholas July 2019 – June 2023 First
Napa To be appointed by Board of Supervisors July 2019 – June 2023 First
Napa To be appointed by Board of Supervisors July 2019 – June 2023 First
San Francisco To be appointed by Board of Supervisors July 2019 – June 2023 First
San Francisco To be appointed by Board of Supervisors July 2019 – June 2023 First
San Mateo Frederick A. Hansson July 2019 – June 2023 First
San Mateo Pam Frisella July 2019 – June 2023 First
Santa Clara Joanne Benjamin July 2019 – June 2023 First
Santa Clara David Fung July 2019 – June 2023 First
Solano Steve Lessler July 2019 – June 2023 First
Solano William G. Jerry Hayes July 2019 – June 2023 First
Sonoma To be appointed by Board of Supervisors July 2019 – June 2023 First
Sonoma To be appointed by Board of Supervisors July 2019 – June 2023 First
Date: June 26, 2019
Referred by: BATA Oversight
Attachment B
BATA Resolution No. 131
Page 1 of 1
Travel Reimbursement Rate and Stipend for
Members of the Regional Measure 3 Independent Oversight Committee
1. Individual members of the Regional Measure 3 Independent Oversight Committee (“Committee”)
appointed by county boards of supervisors shall each be eligible to receive a stipend of $50 per
meeting of the Committee, as defined below, with a maximum of four meetings per year. Meetings
are defined as publicly noticed meetings or subcommittee meetings of the Committee.
2. Members of the Committee may be reimbursed for actual travel expenses, as defined below, for a
maximum of four meetings per year.
3. The mileage reimbursement rate is the rate allowable by the Internal Revenue Service when a
personal vehicle is used. Related bridge tolls, parking fees and actual expenses for use of public
transit will be reimbursed.
All requests for stipend and reimbursement of expenses shall be submitted quarterly to the Committee
staff liaison and processed according to the procedures established by MTC's Executive Director.
The MTC Deputy Executive Director, Policy shall administer this Attachment B. Any questions
regarding its application shall be decided by the Deputy Executive Director, Policy whose decision shall
be final.
The Board of Supervisors
County Administration Building
651 Pine Street, Room 106
Martinez, California 94553-1293
John Gioia, 1st District
Candace Andersen, 2nd District
Diane Burgis, 3rd District
Karen Mitchoff, 4th District
Federal D. Glover, 5th District
Ms. Therese McMillan
Executive Director
Metropolitan Transportation Commission
375 Beale St., #800
San Francisco, CA 94105
August 26, 2019
Subject: Contra Costa County Appointments for the Regional Measure 3 Independent Oversight
Committee
Dear Ms. McMillan:
On behalf of the Contra Costa County Board of Supervisors, this letter appoints the following individuals
to the Regional Measure 3 Independent Oversight Committee, per your request dated May 4, 2019:
Nazanin Shakerin
o
o
Kathy Chang
o
o
This letter also certifies that Nazanin and Kathy are eligible to serve on the committee according to the
restrictions listed in California Streets and Highways Code Section 30923(h)(3), which states:
“A representative appointed to the oversight committee shall not be a member, former member,
staff, or former staff of the commission or the authority, shall not be employed by any
organization or person that has received or is receiving funding from the commission or the
authority, and shall not be a former employee or a person who has contracted with any
organization or person that has received or is receiving funding from the commission or the
authority within one year of having worked for or contracted with that organization or person.”
If you have any questions on this action please don’t hesitate to contact staff, John Cunningham, 925-
674-7833, john.cunningham@dcd.cccounty.us
Sincerely,
David Twa
Clerk of the Board
and
County Administrator
(925) 335-1900
Contra
Costa
County
BATA RM3 Independent Oversight Committee Recruitment Results_BATA
____________________________
John M. Gioia
Chair
Board of Supervisors
cc:
• John Kopchik, Department of Conservation and Development – Director
• Julie Enea, County Administrators Office – Senior Deputy County Administrator
County of Santa Clara
Office of the Clerk of the Board of Supervisors
County Government Center, East Wing
70 West Hedding Street
San Jose, California 9 5110-1770
(408) 299-5001
Megan Doyle
Clerk of the Board
September 19, 2019
Kimberley Ward
Clerk of the Committee
Metropolitan Transportation Commission
Bay Area Metro Center
375 Beale Street, Suite 800
San Francisco, CA 94105
Dear Ms. Ward:
Per your request dated May 3, 2019, this letter serves as notice that at the September 10, 2019
regular meeting of the Board of Supervisors of the County of Santa Clara (Item No. 75), the
Board unanimously approved the appointments of the following individuals to the Metropolitan
Transportation Commission (MTC) Regional Measure 3 Independent Oversight Committee:
• Joanne Benjamin
• David Fung
This letter also certifies that the above-named individuals are eligible to serve on the committee
according to the restrictions listed in California Streets and Highways Code Section
30923(h)(3), which states:
"A representative appointed to the oversight committee shall not be a member, former member,
staff, or former staff of the commission or the authority, shall not be employed by any
organization or person that has received or is receiving funding from the commission or the
authority, and shall not be a former employee or a person who has contracted with any
organization or person that has received or is receiving funding from the commission or the
authority within one year of having worked for or contracted with that organization or person."
~tr~
Clerk of the Board of Supervisors
9/20/2019 Supervisor Simitian nominates: - The County of Santa Clara, California
~ Print This Page The County of Santa Clara
California
Board/Commission Appointment
98368
BOARD OF SUPERVISORS & BOARDS AND COMMISSIONS
Supervisor Simitian nominates:
Information
Department: Supervisor S. Joseph
Simitian (Supervisorial
District Five)
Appointment
Sponsors:
Category:
Attachments
Printout
Multiple Recommendations
i. Joanne Benjamin for appointment to the Metropolitan Transportation Commission (MTC) Regional
Measure 3 Independent Oversight Committee.
ii. David Fung for appointment to the MTC Regional Measure 3 Independent Oversight Committee.
Meeting History
Sep 10, 2019 9:30 AM Video Board of
Supervisors Regular Meeting , Draft
RESULT: APPROVED [UNANIMOUS]
MOVER: Susan Ellenberg, Supervisor
SECONDER: Mike Wasserman, Supervisor
AYES: Mike Wasserman, Cindy Chavez, Dave Cortese, Susan Ellenberg, S. Joseph Simitian
Powered by Granicus
sccgov. iqm2 .com/Citizens/Detail_ Leg i File .aspx?F rame=&Meetingl D= 11137 &MediaPosition=&I D=98368& CssClass= 1/1
Submit Date: Aug 04, 2019
First Name Middle Initial Last Name
Home Address Suite or Apt
City State Postal Code
Primary Phone
Email Address
Contra Costa County Boards & Commissions
Application Form
Profile
Which supervisorial district do you live in?
District 3
Education
Select the option that applies to your high school education *
High School Dipoloma
College/ University A
Name of College Attended
University of Oregon
Degree Type / Course of Study / Major
MS in Accounting
Degree Awarded?
Yes No
College/ University B
Name of College Attended
National Chung Hsing University
Kathy Chang
Antioch CA 94531
Kathy Chang Page 1 of 4
Degree Type / Course of Study / Major
Bachelor in Business Administration
Degree Awarded?
Yes No
College/ University C
Name of College Attended
Degree Type / Course of Study / Major
Degree Awarded?
Yes No
Other schools / training completed:
Course Studied
ACWA/JPIA Leadership Program
Hours Completed
40
Certificate Awarded?
Yes No
Board and Interest
Which Boards would you like to apply for?
Contra Costa County Transportation Authority Citizens Advisory Committee (BOS Appointee): Submitted
Regional Measure 3 Independent Oversight Committee: Submitted
Seat Name
Kathy Chang
Have you ever attended a meeting of the advisory board for which you are applying?
Yes No
If you have attended, how many meetings have you attended?
Kathy Chang Page 2 of 4
Upload a Resume
Please explain why you would like to serve on this particular board, commitee, or
commission.
I have had more than 20 years in local government finance including grant administration. In retirement, I
want to continue to contribute to civil services from a different perspective. Additionally I have also
completed the ACWA/JPIA leadership program. I'm committed to bringing leadership, financial oversight
and stewardship to the Boards and Commissions.
Qualifications and Volunteer Experience
I would like to be considered for appointment to other advisory boards for which I may be
qualified.
Yes No
Are you currently or have you ever been appointed to a Contra Costa County advisory
board, commission, or committee?
Yes No
List any volunteer or cummunity experience, including any advisory boards on which you
have served.
Describe your qualifications for this appointment. (NOTE: you may also include a copy of
your resume with this application)
I am interested in serving the Regional Measure 3 Independent Oversight Committee. I have more than
20 years of experience in local government finance, including grant administration. In retirement, I want to
continue to contribute to civil services from a different perspective. The following is an overview of my
work experience: I was the Finance Manager of two local government agencies from May 2013 to
November 2018: Delta Diablo in Antioch and Scotts Valley Water District in Scotts Valley. Primary
responsibilities included but not limited to financial operations, annual budget, annual audits, CAFR and
other financial reports, investment, debt management, grants, utility billing, fee/rate study, customer
service, ERP system administration, and supervising 2.5 to 5.0 FTE positions. Additional employment
history included Principal Financial Analyst in the City of Santa Clara for 3 years and Principal Budget
Analyst in the City of Santa Monica for 9 years. In both cities, I coordinated and prepared the annual
operating and capital budgets, General Fund 5-year forecast, mid-year and year-end budget reviews,
special projects and various studies. I supervised two analysts in the City of Santa Monica. More details
can be found in the resume following the letter. I am committed to bringing leadership, financial
stewardship and oversight to the Contra Costa County Boards and Commissions. Thank you.
Conflict of Interest and Certification
Do you have a Familial or Financial Relationship with a member of the Board of
Supervisors?
Yes No
Measure_3_Supervisor.pdf
Kathy Chang Page 3 of 4
If Yes, please identify the nature of the relationship:
Do you have any financial relationships with the County such as grants, contracts, or other
economic relations?
Yes No
If Yes, please identify the nature of the relationship:
Please Agree with the Following Statement
I 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
undersand that all information in this application is publicly accessible. I understand that
misstatements and/or omissions of material fact may cause forfeiture of my rights to serve
on a board, committee, or commission in Contra Costa County.
I Agree
Kathy Chang Page 4 of 4
Kathy Chang
Cell:
Email:
August 4, 2019
Contra Costa County Boards and Commission,
I am interested in serving the Regional Measure 3 Independent Oversight Committee. I have more
than 20 years of experience in local government finance, including grant administration. In
retirement, I want to continue to contribute to civil services from a different perspective.
The following is an overview of my work experience:
I was the Finance Manager of two local government agencies from May 2013 to November 2018:
Delta Diablo in Antioch and Scotts Valley Water District in Scotts Valley. Primary responsibilities
included but not limited to financial operations, annual budget, annual audits, CAFR and other
financial reports, investment, debt management, grants, utility billing, fee/rate study, customer
service, ERP system administration, and supervising 2.5 to 5.0 FTE positions.
Additional employment history included Principal Financial Analyst in the City of Santa Clara for 3
years and Principal Budget Analyst in the City of Santa Monica for 9 years. In both cities, I
coordinated and prepared the annual operating and capital budgets, General Fund 5-year forecast,
mid-year and year-end budget reviews, special projects and various studies. I supervised two
analysts in the City of Santa Monica. More details can be found in the resume following the letter.
I am committed to bringing leadership, financial stewardship and oversight to the Contra Costa
County Boards and Commissions. Thank you.
Truly yours,
Kathy Chang, CPA
I strive for fiscal transparency, accountability, excellence and stewardship.
Kathy Chang, CPA
Career Experience
Delta Diablo District, March 2018 – November 2018
Finance Manager
Primary responsibilities included annual budget, financial audits, CAFR, financial operations,
investment, parcel data administration, Tyler Munis system administration, agenda reports, Finance
Committee and full board meetings, purchasing, supervising 5.0 FTE positions, special projects, etc.
Scotts Valley Water District, May 2013 – March 2018
Finance Manager /Interim Finance Manager (for the first three months)
Manager of the Finance Department with primary responsibilities in financial operations and customer
service, annual audit and financial reporting, comprehensive fee/rate study, annual work plan, monthly
Finance Committee meetings, annual budget, cash receipts and disbursements, payroll processing,
investment, debt management, grants, regulatory reports, etc. Supervise 2.5 FTE positions.
Accomplishments:
Collaborated with other executive team members to: revamp the Administrative Codes,
modernizing District operations; conduct a comprehensive fee/rate study and successfully
complete the Prop 218 process, achieving fiscal sustainability; and work with a debt refunding
team to refund two debts with a fixed rate loan, saving $700,000 in net present value
Transformed the Division from a manual paper pushing operation to a highly automated one
embracing technology and best business practices with a successful implementation of a new
financial management system
Mentored and transitioned staff to more value added tasks and fostered team work and team
spirit in a fast changing environment
City of Santa Clara, March, 2010 – May, 2013
Principal Financial Analyst
Primary responsibilities included but were not limited to planning, coordinating, developing and/or preparing
annual Operating and CIP budgets, five-year forecast, year-end budget review, budget debriefings for future
improvements, property and liability insurance programs, MOU costing for labor negotiations and special
projects. Project manager for the cost allocation plan and implementation of a new budgeting system.
Accomplishments:
Implemented process and efficiency improvements to streamline the 2011-12 and 2012-13 budget
processes, and revamped the Operating and CIP budget instructions for the 2011-12 budget
Provided leadership and guidance to citywide departments throughout the annual Operating and CIP
budget processes. Won accolades for excellent customer and financial services.
Successfully completed the 2012-13 Cost Allocation Plan updates in time for the 2013-14 Operating
Budget preparations; successfully completed the high level architecture design and the fit/gap
analysis for the Hyperion Budgeting System upgrades.
City of Santa Monica, February, 2001 – March, 2010
Principal Budget Analyst
The role of the Principal Budget Analyst had changed significantly as the budget office evolved during a
period of three City Managers and three Finance Directors. Responsibilities over the years included: saw to
the annual budget process, supervised two senior budget analysts, conducted citywide budget training, led the
mid-year and year-end budget review preparations, recommended the 5-year forecast assumptions, prepared
the general fund 5-year expenditure forecast, reviewed the bi-weekly Council staff reports for budget and
financial impacts, monitored budget vs. actual for all City funds during the year and at year-end and worked
on special projects.
Key Achievements:
Gradually took over the budget preparation, coordination and analytical responsibilities previously assumed
by Finance Director and/or Budget Manager.
Brought the annual operating budget document to be a GFOA award winner since FY 2004-05.
Standardized the five-year expenditure forecast methodology and conducted sensitivity analysis using
various economic scenarios.
City of Santa Monica
Senior Administrative Analyst-Budget (2000 – 2001)
Acting Senior Administrative Analyst-Budget (1998-2000)
Analyzed budget issues pertaining to assigned departments and provided recommendations to department
directors and the City Manager’s Office for decision-making. Participated in the annual budget preparation,
mid-year and year-end budget review preparation and the ICMA performance measurement templates
review. Assisted in special projects.
CERTIFICATE AND EDUCATION
Member of Arizona Society of Certified Public Accountants since 1998 (10828-E)
Master of Science in Accounting
University of Oregon – Eugene, Oregon
Bachelor of Arts in Business Administration
National Chung Hsing University, Taipei, Taiwan
Summary of Qualifications
Experience: Extensive experience in special district and municipal finance in leadership roles with
strengths in financial operations, annual budget preparations, interdepartmental coordination, process
and efficiency improvements, communication and interpersonal skills. Core competences include:
Leadership and management
skills
Financial and treasury
operations
Annual audit and financial
reporting
Fiscal policies, rules and
regulations
Operating and CIP budget
preparations and budget
balancing strategies
5-year Forecast
GAAP and GASB
Rate study and
implementations
Debt administration
Special projects
Agenda reports
Risk management and
insurance programs
Skills: Analytical, resourceful, problem solving, customer service oriented, computer literate (Office
365, Springbrook, Tyler Munis, JDE One World and PeopleSoft), goal and task driven, planning,
coordinating and excellent verbal and written communication skills.
Submit Date: Aug 07, 2019
First Name Middle Initial Last Name
Home Address Suite or Apt
City State Postal Code
Primary Phone
Email Address
Contra Costa County Boards & Commissions
Application Form
Profile
Which supervisorial district do you live in?
District 2
Education
Select the option that applies to your high school education *
High School Dipoloma
College/ University A
Name of College Attended
UC Berkeley
Degree Type / Course of Study / Major
Masters/Transportation Engineering
Degree Awarded?
Yes No
College/ University B
Name of College Attended
UC Berkeley
Nazanin Shakerin
Alamo CA 94507
Nazanin Shakerin Page 1 of 4
Degree Type / Course of Study / Major
Bachelors/Architecture
Degree Awarded?
Yes No
College/ University C
Name of College Attended
Degree Type / Course of Study / Major
Degree Awarded?
Yes No
Other schools / training completed:
Course Studied
Many extension courses offered by ITS at UC Berkeley
Hours Completed
Over 100 hours
Certificate Awarded?
Yes No
Board and Interest
Which Boards would you like to apply for?
Contra Costa County Transportation Authority Citizens Advisory Committee (BOS Appointee): Submitted
Iron Horse Corridor Management Program Advisory Committee: Submitted
Contra Costa Transportation Authority - Bicycle and Pedestrian Adv. Committee (BOS Appointees):
Submitted
Regional Measure 3 Independent Oversight Committee: Submitted
Seat Name
Have you ever attended a meeting of the advisory board for which you are applying?
Yes No
If you have attended, how many meetings have you attended?
Nazanin Shakerin Page 2 of 4
Upload a Resume
Please explain why you would like to serve on this particular board, commitee, or
commission.
My education and work experience is in the Transportation Engineering field and I believe I can contribute
my expertise to the County commissions and committees which deal with various modes of transportation
from planning, operation, construction, and oversight aspects.
Qualifications and Volunteer Experience
I would like to be considered for appointment to other advisory boards for which I may be
qualified.
Yes No
Are you currently or have you ever been appointed to a Contra Costa County advisory
board, commission, or committee?
Yes No
List any volunteer or cummunity experience, including any advisory boards on which you
have served.
Have attended numerous conferences, seminars, city council, town hall and neighborhood meetings
during the course of my career in Transportation.
Describe your qualifications for this appointment. (NOTE: you may also include a copy of
your resume with this application)
I have a Masters degree in Transportation Engineering and have worked for both public and private
sectors in this field for 31 years. I am now retired and would like to be involved in the oversight and
implementation of Transportation related measures by providing my expertise for the betterment of my
community.
Conflict of Interest and Certification
Do you have a Familial or Financial Relationship with a member of the Board of
Supervisors?
Yes No
If Yes, please identify the nature of the relationship:
Do you have any financial relationships with the County such as grants, contracts, or other
economic relations?
Yes No
Nazanin_Shakerin-_Resume.pdf
Nazanin Shakerin Page 3 of 4
If Yes, please identify the nature of the relationship:
Please Agree with the Following Statement
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
undersand that all information in this application is publicly accessible. I understand that
misstatements and/or omissions of material fact may cause forfeiture of my rights to serve
on a board, committee, or commission in Contra Costa County.
I Agree
Nazanin Shakerin Page 4 of 4
Nazanin Shakerin
Objective: With 31 years of professional experience in the Transportation Engineering field, I
would like to contribute my time and expertise to any County Commission which does work
and/or oversight in transportation planning and operations.
Work Experience:
Town of Danville 1996-2015
Ensys Engineering 1994-1996
Korve Engineering 1992-1994
TJKM Transportation Consultants 1988-1992
DKS & Associates 1984-1988
-Monitored townwide traffic signal operations
-Implemented and managed Neighborhood Traffic Management Program (NTMP)
-Reviewed and approved traffic impact studies
-Designed and timed traffic signals
-Managed transportation related Capital Improvement Projects (CIP)
-Prepared work scope for traffic impact studies
-Reviewed site plans and circulation plans
-Reviewed and approved roadway signing and striping plans
-Reviewed and approved traffic control plans
-Coordinated project design and construction with other public agencies; Caltrans, MTC
-Responded to citizen inquiries
Education:
University of California, Berkeley
-Bachelors of Arts in Architecture May 1981
-Masters of Science in Transportation Engineering May 1984
-Affiliations: Institute of Transportation Engineers
Skills:
-Traffic signal design
-Traffic impact studies
-Report preparation
-Presentation to elected officials
-Conduct neighborhood meetings
-Perform field work and site assessment for projects
RECOMMENDATION(S):
APPROVE the delegation of authority to the County Treasurer for investing and reinvesting County funds
and the funds of other depositors in the County treasury, or to sell or exchange securities so purchased,
pursuant to section 53607 of the State Government Code.
FISCAL IMPACT:
The County Treasurer manages and invests the funds of all County agencies, 21 Special Districts, 19 School
Districts and one Community College District. Centralizing this function creates a dedicated staff of
investment professionals and creates greater efficiency, economies of scale and greater investment power.
BACKGROUND:
State law provides that the Board of Supervisors may delegate to the County Treasurer the authority "to
invest or to reinvest funds of a local agency, or to sell or exchange securities so purchased" for a one year
period. It is recommended that this delegation be renewed through the calendar year 2020.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V
Supervisor
Contact: Ronda Boler, (925)
957-2806
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 47
To:Board of Supervisors
From:Russell Watts, Treasurer-Tax Collector
Date:November 12, 2019
Contra
Costa
County
Subject:DELEGATION OF INVESTMENT AUTHORITY TO THE COUNTY TREASURER FOR CALENDAR YEAR
2020
CONSEQUENCE OF NEGATIVE ACTION:
If the Delegation of Authority is not approved, each of the County Agencies, 21 Special Districts, 19
School Districts and one Community College District would have to manage their own funds. This would
be less cost effective for all entities.
RECOMMENDATION(S):
ACCEPT the October 2019 Operations Update of the Employment and Human Services Department,
Community Services Bureau, as recommended by the Employment and Human Services Director.
FISCAL IMPACT:
There is no fiscal impact.
BACKGROUND:
The Employment and Human Services Department submits a monthly report to the Contra Costa County
Board of Supervisors (BOS) to ensure communication and updates to the County Administrator and BOS
regarding any and all issues pertaining to the Head Start Program and Community Services Bureau.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V
Supervisor
Contact: Elaine Burres
608-4960
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 48
To:Board of Supervisors
From:Kathy Gallagher, Employment & Human Services Director
Date:November 12, 2019
Contra
Costa
County
Subject:October 2019 Operations Update of the Employment and Human Services Department, Community Services Bureau
ATTACHMENTS
CSB Oct 2019 CAO Report
CSB Oct 2019 HS Financial
CSB Oct 2019 EHS Financial
CSB Oct 2019 EHS CC Partnership Financial
CSB Oct 2019 Credit Card.August 2019
CSB Oct 2019 Credit Card.Sept 2019
CSB Oct 2019 LIHEAP
CSB Oct 2019 CACFP Child Nutrition
CSB Oct 2019 Menu
CSB Oct 2019 Program Performance
Summary
CSB Oct 2019 GAO Response to the Board
P: 925 681 6300
F: 925 313 8301
1470 Civic Court ,
Suite 200
Concord, CA
94520
www.cccounty.us/ehsd
To: David Twa, Contra Costa County Administrator
From: Kathy Gallagher, EHSD Director
Subject: Community Services Monthly Report
Date: October 2019
News /Accomplishments
On October 15, CSB held a graduation ceremony for Family Deve lopment Credential
(FDC) program participants. A total of 15 graduated, 10 from CSB and five from our
Partners YMCA and First Baptist Head Start. The FDC Program is designed for staff
who work directly with families to meet training requirements and facilitates
“transformative learning” where the participants’ partnership skills are further
developed and strengthened to create stronger and more mean ingful relationships
with the families they serve every day. Congratulations class of 2019, we are so very
proud of them!
CSB’s Alternative Payment Program (CAPP) is receiving an augmentation of $179,692
from California Department of Education for Fiscal Y ear 2019-20. This budget is for
serving additional families with the highest priority on our waitlist to receive childcare
services.
The State Office of Child Abuse Prevention (OCAP) is working with local counties to
develop systems of collaboration between different agencies. Michelle Mankewich,
Mental Health, Disabilities and Homelessness Manager is part of the group and
representing CSB. Their mission statement reads to create a seamless cross -sector
network that shares collective responsibility of increasing protective factors and
improving social determinants of health for our families and community . More
meaningful work and collaboration to come.
English as a Second Language (ESL) fall 2019 Classes in collaboration with Martinez
Unified School Dis trict Adult Education are currently being offered to all families at
our George Miller Center in Concord. Sixteen families have registered and additional
interested families are encouraged to register.
Make Parenting A Pleasure Parenting (MPAP) Curriculum 2019-20, will began on
October 18, 2019 for all interested east county families. MPAP full curr iculum will also
be offered to families in West County beginning in early December.
I. Status Updates:
a. Caseloads, workload (all programs)
Head Start enrollment: 85.6
Early Head Start enrollment: 98.07%
Early Head Start Child Care Partnership enrollment: 100%
Early Head Start Child Care P artnership # 2 enrollment: 103.2%
Head Start Average Daily Attendance: 88.01 %
Early Head Start Average Daily Attendance: 86.01%
Early Head Start Child Care Partnership Attendance: 91.7%
cc: Policy Council Chair
Administration for Children and Families
Program Specialist, Chris Pflaumer
2
Stage 2: 481 families and 752 children
CAPP: 112 families and 209 children
- In total: 593 families and 961 children
- Incoming transfers from Stage 1: 11 families and 18 children
LIHEAP: 233 households have been assisted
Weatherization: 12 households have been assisted
b. Staffing:
During the month of October, CSB hired an Accountant Technician,
Assistant Director, Intermediate Clerk, three Intern IIs, three permanent
Associate Teachers, two Associate Teachers substitutes, and four
Te acher Assistant Trainees (TAT) in an effort to maintain a viable pull of
substitutes needed for the classrooms.
CSB is looking to fill vacancies for an Accountant II, Site Supervisor II,
Site Supervisor III and three intermediate Clerks to meet the bureau’s
needs. Additionally, CSB is seeking to create a new Administrative
Services Assistant (ASA III) position.
II. Emerging Issues and Hot Topics:
On August 2, 2019, teachi ng staff at the YMCA 8th Street Child Development
Center, one of CSB’s childcare partners, released a child to an adult who was
not authorized to receive the child released to her. The adult was
authorized to pick up other children from the center, but not the one she
actually took. Center staff immediately realized the situation and called the
adult to return the preschool child, which she did within 5-8 minutes. The
incident was reported to Community Care Licensing and the Head Start
Regional Office and CSB has worked with the YMCA to develop a corrective
action plan to ensure this does not happen again. On October 21, CSB
received a notice of non -compliance as a result of the incident in which the
program is given 120 days to provide a corrective action pla n to correct the
issue. See attached letter “12_Program Performance Summary Report”.
SEPTEMBER Total Remaining 75%
DESCRIPTION YTD Actual Budget Budget %YTD
a. PERSONNEL 3,206,938$ 4,450,813$ 1,243,875$ 72%
b. FRINGE BENEFITS 2,062,072 2,769,062 706,990 74%
d. EQUIPMENT - 24,000 24,000 0%
e. SUPPLIES 166,645 235,500 68,855 71%
f. CONTRACTUAL 1,626,449 2,843,120 1,216,671 57%
g. CONSTRUCTION - - - 0%
h. OTHER 2,029,587 5,688,329 3,658,742 36%
I. TOTAL DIRECT CHARGES 9,091,691$ 16,010,824$ 6,919,133$ 57%
j. INDIRECT COSTS 713,261 903,555 190,294 79%
k. TOTAL-ALL BUDGET CATEGORIES 9,804,952$ 16,914,379$ 7,109,428$ 58%
In-Kind (Non-Federal Share)2,913,175$ 4,228,595$ 1,315,420$ 69%
CONTRA COSTA COUNTY - COMMUNITY SERVICES BUREAU
HEAD START PROGRAM
BUDGET PERIOD JANUARY - DECEMBER 2019
AS OF SEPTEMBER 2019
1 2 3 4 5 6
Actual Total YTD Total Remaining 75%
Sep-19 Actual Budget Budget % YTD
a. Salaries & Wages (Object Class 6a)
Permanent 1011 332,334 2,955,964 4,010,723 1,054,759 74%
Temporary 1013 17,854 250,973 440,090 189,117 57%
a. PERSONNEL (Object class 6a)350,188 3,206,938 4,450,813 1,243,875 72%
b. FRINGE (Object Class 6b)226,430 2,062,072 2,769,062 706,990 74%
d. EQUIPMENT (Object Class 6d)- - 24,000 24,000 -
e. SUPPLIES (Object Class 6e)
1. Office Supplies 2,241 48,995 85,000 36,005 58%
2. Child and Family Services Supplies (Includesclassroom Supplies)(941) 57,115 60,000 2,885 95%
4. Other Supplies
Health and Safety Supplies - - 1,000 1,000 0%
Computer Supplies, Software Upgrades, Computer Replacement - 44,104 60,000 15,896 74%
Health/Safety Supplies 1,864 3,807 7,000 3,193 54%
Mental helath/Diasabilities Supplies - - 1,000 1,000
Miscellaneous Supplies 2,853 11,498 12,000 502 96%
Emergency Supplies 198 198 1,000 802 20%
Employee Morale - 928 2,500 1,572 37%
Household Supplies - - 6,000 6,000 0%
TOTAL SUPPLIES (6e)6,215 166,645 235,500 68,855 71%
f. CONTRACTUAL (Object Class 6f)
1. Adm Svcs (e.g., Legal, Accounting, Temporary Contracts)12,824 102,187 95,000 (7,187) 108%
Estimated Medical Revenue from Medi-Cal (Org 1432 - credit)- (61,135) (630,000) (568,865) 10%
Health Consultant 5,760 31,300 55,000 23,700 57%
5. Training & Technical Assistance - PA11
Interaction - - 5,000 5,000 0%
Diane Godard ($50,000/2)1,075 9,125 9,000 (125) 101%
Josephine Lee ($35,000/2)- 1,612 5,000 3,388 32%
Susan Cooke ($60,000/2)6,000 6,000 10,000 4,000 60%
7. Delegate Agency Costs
First Baptist Church Head Start PA22 - 1,025,310 2,194,788 1,169,478 47%
First Baptist Church Head Start PA20 - - 8,000 8,000 0%
8. Other Contracts
FB-Fairgrounds Partnership (Wrap)- 35,976 74,212 38,236 48%
FB-Fairgrounds Partnership - 79,875 163,600 83,725 49%
FB-E. Leland/Mercy Housing Partnership - 10,800 20,000 9,200 54%
Martinez ECC (18 HS slots x $225/mo x 12/mo)- 54,000 108,000 54,000 50%
Tiny Toes 5,000 5,000 72,720 67,721 7%
YMCA of the East Bay (20 HS slots x $225/mo x 12/mo) - 326,400 652,800 326,400 50%
f. CONTRACTUAL (Object Class 6f)30,659 1,626,449 2,843,120 1,216,671 57%
h. OTHER (Object Class 6h)
2. Bldg Occupancy Costs/Rents & Leases 60,168 349,293 396,000 46,707 88%
(Rents & Leases/Other Income)- - - -
4. Utilities, Telephone 8,406 81,111 164,000 82,889 49%
5. Building and Child Liability Insurance 1,733 1,733 3,000 1,267 58%
6. Bldg. Maintenance/Repair and Other Occupancy 42,482 342,481 67,000 (275,481) 511%
8. Local Travel (55.5 cents per mile effective 1/1/2012)2,722 27,554 62,000 34,446 44%
9. Nutrition Services
Child Nutrition Costs 1,313 203,827 322,000 118,173 63%
(CCFP & USDA Reimbursements)- (140,654) (85,000) 55,654 165%
13. Parent Services
Parent Conference Registration - PA11 2,075 2,075 10,000 7,925 21%
Parent Resources (Parenting Books, Videos, etc.) - PA11 - 831 1,000 169 83%
PC Orientation, Trainings, Materials & Translation - PA11 - 739 7,600 6,861 10%
Policy Council Activities 757 2,043 2,000 (43) 102%
Male Involvement Activities - - 500 500 0%
Parent Activities (Sites, PC, BOS luncheon) & Appreciation - 984 7,000 6,016 14%
Child Care/Mileage Reimbursement - 3,900 7,500 3,600 52%
14. Accounting & Legal Services
Auditor Controllers - 3,062 5,000 1,938 61%
Data Processing/Other Services & Supplies - 7,720 16,500 8,780 47%
15. Publications/Advertising/Printing - - -
Outreach/Printing - - 100 100 0%
Recruitment Advertising (Newspaper, Brochures)- - 1,400 1,400 0%
16. Training or Staff Development
Agency Memberships (WIPFLI, Meeting Fees, NHSA, NAEYC, etc.)199 41,808 41,959 151 100%
Staff Trainings/Dev. Conf. Registrations/Memberships - PA11 7,167 87,114 99,785 12,671 87%17. Other
Site Security Guards - 17,594 47,000 29,406 37%
Dental/Medical Services - - 2,000 2,000 0%
Vehicle Operating/Maintenance & Repair 10,956 89,348 170,000 80,652 53%
Equipment Maintenance Repair & Rental 5,565 138,310 255,000 116,690 54%
Dept. of Health and Human Services-data Base (CORD)1,667 6,675 9,500 2,825 70%
Field Trips - - 30,000 30,000 0%
Other Operating Expenses (Facs Admin/Other admin)11,757 73,230 168,205 94,975 44%
Other Departmental Expenses 32,456 688,808 3,877,280 3,188,472 18%
h. OTHER (6h)189,422 2,029,587 5,688,329 3,658,742 36%
I. TOTAL DIRECT CHARGES (6a-6h)802,913 9,091,691 16,010,824 6,919,133 57%
j. INDIRECT COSTS - 713,261 903,555 190,294 79%
k. TOTALS (ALL BUDGET CATEGORIES)802,913 9,804,952 16,914,379 7,109,428 58%
Non-Federal Share (In-kind)200,728 2,913,175 4,228,595 1,315,420 69%
CONTRA COSTA COUNTY - COMMUNITY SERVICES BUREAU
HEAD START PROGRAM
BUDGET PERIOD JANUARY - DECEMBER 2019
AS OF SEPTEMBER 2019
September Total Remaining 75%
DESCRIPTION YTD Actual Budget Budget % YTD
a. PERSONNEL 180,978$ 294,506$ 113,528$ 61%
b. FRINGE BENEFITS 112,881 146,451 33,570 77%
d. EQUIPMENT - - - 0%
e. SUPPLIES 11,649 17,300 5,651 67%
f. CONTRACTUAL 540,796 1,284,300 743,504 42%
g. CONSTRUCTION - - - 0%
h. OTHER 491,640 1,897,915 1,406,275 26%
I. TOTAL DIRECT CHARGES 1,337,944$ 3,640,472$ 2,302,528$ 37%
j. INDIRECT COSTS 48,988 50,672 1,684 97%
k. TOTAL-ALL BUDGET CATEGORIES 1,386,932$ 3,691,144$ 2,304,212$ 38%
In-Kind (Non-Federal Share)340,213$ 922,786$ 582,573$ 37%
CONTRA COSTA COUNTY - COMMUNITY SERVICES BUREAU
EARLY HEAD START PROGRAM
BUDGET PERIOD JANUARY - DECEMBER 2019
AS OF SEPTEMBER 2019
1 3 4 5 6
Actual Total YTD Total Remaining 75%
Sep-19 Actual Budget Budget % YTD
Expenditures
a. Salaries & Wages (Object Class 6a)
Permanent 1011 30,871 166,004 233,399 67,395 71%
Temporary 1013 3 14,974 61,107 46,133 25%
a. PERSONNEL (Object class 6a)30,874 180,978 294,506 113,528 61%
b. FRINGE (Object Class 6b)16,028 112,881 146,451 33,570 77%
d. EQUIPMENT (Object Class 6d)- - - -
e. SUPPLIES (Object Class 6e)
1. Office Supplies 67 1,323 2,500 1,177 53%
2. Child and Family Serv. Supplies/classroom Supplies 212 8,878 7,000 (1,878) 127%
4. Other Supplies - (212) 212
Computer Supplies, Software Upgrades, Comp Replacemnt- - 3,500 3,500 0%
Health/Safety Supplies - - 700 700 0%
Miscellaneous Supplies 40 1,580 2,100 520 75%
Employee Morale - - 1,000 1,000 0%
Household Supplies - 80 500 420 16%
e. SUPPLIES (Object Class 6e)319 11,649 17,300 5,651 67%
f. CONTRACTUAL (Object Class 6f)
2. Health/Disabilities Services - - -
Health Consultant 1,920 2,500 7,800 5,300 32%
Other Health/Dental Services Costs - - - -
5. Training & Technical Assistance - PA11 -
Interaction - - 5,500 5,500 0%
Diane Godard - - 7,500 7,500 0%
Josephine Lee ($35,000/2)- 2,886 5,000 2,114 58%
Susan Cooke ($60,000/2)1,500 1,500 6,500 5,000 23%
8. Other Contracts
FB-Fairgrounds Partnership - 71,000 107,000 36,000 66%
FB-E. Leland/Mercy Housing Partnership - 55,000 145,000 90,000 38%
Apiranet - 413,000 708,000 295,000 58%
Apiranet HVI - (159,882) - 159,882
Crossroads - 82,000 152,000 70,000 54%
Martinez ECC - 72,792 140,000 67,208 52%
f. CONTRACTUAL (Object Class 6f)3,420 540,796 1,284,300 743,504 42%
h. OTHER (Object Class 6h)
2. Bldg Occupancy Costs/Rents & Leases - 529 1,800 1,271 29%
(Rents & Leases/Other Income)- - - -
4. Utilities, Telephone - 1,290 2,700 1,410 48%
5. Building and Child Liability Insurance - - - -
6. Bldg. Maintenance/Repair and Other Occupancy - 437 2,300 1,863 19%
8. Local Travel (55.5 cents per mile)39 2,296 4,100 1,804 56%
9. Nutrition Services - - - -
Child Nutrition Costs - - 300 300 0%
13. Parent Services
Parent Conference Registration - PA11 - - 4,000 4,000 0%
PC Orientation, Trainings, Materials & Translation - PA11 - 1,161 4,000 2,839 29%
Policy Council Activities - - 100 100 0%
Parent Activities (Sites, PC, BOS luncheon) & Appreciation- 1,198 1,900 702 63%
Child Care/Mileage Reimbursement - 690 100 (590) 690%
14. Accounting & Legal Services
Auditor Controllers - - 500 500 0%
Data Processing/Other Services & Supplies - 2,043 3,000 957 68%
15. Publications/Advertising/Printing
Recruitment Advertising (Newspaper, Brochures)- - 100 100
16. Training or Staff Development
Agency Memberships (WIPFLI, Meeting Fees, NHSA, NAEYC)- 26 2,200 2,174 1%
Staff Trainings/Dev. Conf. Registrations/Memberships - PA11- 9,174 48,244 39,070 19%
17. Other
Site Security Guards - 1,453 2,000 547
Vehicle Operating/Maintenance & Repair 439 10,317 9,000 (1,317) 115%
Equipment Maintenance Repair & Rental - 1,872 5,000 3,128 37%
Dept. of Health and Human Services-data Base (CORD)- - 1,000 1,000
Other Operating Expenses (Facs Admin/Other admin)14,182 15,174 5,000 (10,174) 303%
Other Departmental Expenses - 443,980 1,800,571 1,356,591
h. OTHER (6h)14,660 491,640 1,897,915 1,406,275 26%
I. TOTAL DIRECT CHARGES (6a-6h)65,301 1,337,944 3,640,472 2,302,528 37%
j. INDIRECT COSTS - 48,988 50,672 1,684 97%
k. TOTALS - ALL BUDGET CATEGORIES 65,301 1,386,932 3,691,144 2,304,212 38%
Non-Federal Match (In-Kind)16,325 340,213 922,786 582,573 37%
CONTRA COSTA COUNTY - COMMUNITY SERVICES BUREAU
EARLY HEAD START PROGRAM
BUDGET PERIOD JANUARY - DECEMBER 2019
AS OF SEPTEMBER 2019
A - 2
EARLY HEAD START PROGRAM - Org no. 1460
JANUARY - DECEMBER 2019
As of SEPTEMBER 2019 - PERIOD 3 75%101%
(1)(2)(3)(4)(5)(6)(7)(8)(9)
Total Period 3 Total Total Projected
Description 2019 Remaining Actual %Actual Projection Projected Balance % To
Budget Budget YTD YTD Sep-19 close-0ut YTD Year End Date
Expenditures
a. Salaries & Wages (Object Class 6a)
Permanent 1011 233,399 67,394.85 166,004.15 71.1%30,871.32 60,500.00 226,504.15 6,894.85 97%
Temporary 1013 61,107 46,133.11 14,973.89 24.5%2.99 10,000.00 24,973.89 36,133.11 41%
TOTAL PERSONNEL (6a)294,506 113,527.96 180,978.04 61.5%30,874.31 70,500.00 251,478.04 43,027.96 85%
b. FRINGE BENEFITS (Object Class 6b)-
Fringe Benefits 146,451 33,569.62 112,881.38 77.1%16,028.04 45,300.00 158,181.38 (11,730.38) 108%
TOTAL FRINGE (6b)146,451 33,569.62 112,881.38 77.1%16,028.04 45,300.00 158,181.38 (11,730.38) 108%
e. SUPPLIES (Object Class 6e)
1. Office Supplies 2,500 1,176.87 1,323.13 52.9%67.25 1,257.00 2,580.13 (80.13) 103%
2. Child and Family Services Supplies (Incl.classroom Supplies)7,000 (1,878.26) 8,878.26 126.8%211.84 - 8,878.26 (1,878.26) 127%
4. Other Supplies - 211.84 (211.84) #DIV/0!- (211.84) 211.84
Computer Supplies, Software Upgrades, Computer Replacement 3,500 3,500.00 - 0.0%3,500.00 3,500.00 - 100%
Health/Safety Supplies 700 700.00 - 0.0%700.00 700.00 - 100%
Mental Health/Diasabilities Supplies - - - #DIV/0!- - -
Miscellaneous Supplies 2,100 520.33 1,579.67 75.2%40.00 560.33 2,140.00 (40.00) 102%
Emergency Supplies - - - #DIV/0!- - -
Employee Health and Welfare 1,000 1,000.00 - 0.0%1,000.00 1,000.00 - 100%
Household Supplies 500 420.48 79.52 15.9%488.12 567.64 (67.64) 114%
TOTAL SUPPLIES (6e)17,300 5,651.26 11,648.74 67.3%319.09 7,505.45 19,154.19 (1,854.19) 111%
f. CONTRACTUAL (Object Class 6f)
2. Health/Disabilities Services
Health Consultant (J. Ventling)7,800 5,300.00 2,500.00 32.1%1,920.00 3,840.00 6,340.00 1,460.00 81%
5. Training & Technical Assistance - PA11 - - -
Interaction 5,500 5,500.00 - 0.0%5,500.00 5,500.00 - 100%
Diane Godard 7,500 7,500.00 - 0.0%7,500.00 7,500.00 - 100%
Josephine Lee ($35,000/2)5,000 2,114.00 2,886.00 57.7%2,114.00 5,000.00 - 100%
Nalo Ayannakai 6,500 5,000.00 1,500.00 1,500.00 5,000.00 6,500.00 - 100%
8. Other Contracts - - -
FB-Fairgrounds (12 slots x12 months x $500=$72,000)107,000 36,000.00 71,000.00 66.4%36,000.00 107,000.00 - 100%
FB-East Leland (30 slots x 12 months x $500=$180,000) 145,000 90,000.00 55,000.00 37.9%90,000.00 145,000.00 - 100%
Aspiranet (118 slots x12 months x $500=$708,000)708,000 295,000.00 413,000.00 58.3%295,000.00 708,000.00 - 100%
Aspiranet Home Visiting Program - 159,882.03 (159,882.03) #DIV/0!159,882.03 - - #DIV/0!
Crossroads (28 slots x 11 months x $500=$154,000)152,000 70,000.00 82,000.00 53.9%70,000.00 152,000.00 - 100%
Martinez ECC (23 slots x 12 months x $500=$138,000)140,000 67,208.24 72,791.76 52.0%67,208.24 140,000.00 - 100%
TOTAL CONTRACTUAL (6f)1,284,300 743,504.27 540,795.73 42.1%3,420.00 742,044.27 1,282,840.00 1,460.00 100%
A - 2
EARLY HEAD START PROGRAM - Org no. 1460
JANUARY - DECEMBER 2019
As of SEPTEMBER 2019 - PERIOD 3 75%101%
(1)(2)(3)(4)(5)(6)(7)(8)(9)
Total Period 3 Total Total Projected
Description 2019 Remaining Actual %Actual Projection Projected Balance % To
Budget Budget YTD YTD Sep-19 close-0ut YTD Year End Date
h. OTHER (Object Class 6h)
1. Depreciation/Use Allowance - - - - - -
2. Bldg Occupancy Costs/Rents & Leases 1,800 1,271.08 528.92 29.4%1,660.18 2,189.10 (389.10) 122%
(Rents & Leases/Other Income)- - - - - -
4. Utilities, Telephone 2,700 1,410.01 1,289.99 47.8%2,306.60 3,596.59 (896.59) 133%
6. Bldg. Maintenance/Repair and Other Occupancy 2,300 1,862.99 437.01 19.0%1,957.65 2,394.66 (94.66) 104%
8. Local Travel (55.5 cents per mile effective 1/1/2012)4,100 1,803.85 2,296.15 56.0%38.86 3,475.70 5,771.85 (1,671.85) 141%
9. Nutrition Services
Child Nutrition Costs 300 300.00 - 0.0%300.00 300.00 - 100%
13. Parent Services
Parent Conference Registration - PA11 4,000 4,000.00 - 0.0%4,000.00 4,000.00 - 100%
PC Orientation, Trainings, Materials & Translation - PA11 4,000 2,838.91 1,161.09 29.0%2,838.91 4,000.00 - 100%
Policy Council Meetings (including food)100 100.00 - 0.0%100.00 100.00 - 100%
Parent Activities (Sites, PC, BOS luncheon) & Appreciation (including food)1,900 701.57 1,198.43 63.1%726.84 1,925.27 (25.27) 101%
Child Care/Mileage Reimbursement 100 (590.09) 690.09 690.1%100.00 790.09 (690.09) 790%
14. Accounting & Legal Services
Auditor Controllers 500 500.00 - 0.0%500.00 500.00 - 100%
Data Processing/Other Services & Supplies 3,000 956.95 2,043.05 68.1%1,400.00 3,443.05 (443.05) 115%
15. Publications/Advertising/Printing
Recruitment Advertising (Newspaper, Brochures)100 100.00 - 0.0%100.00 100.00 - 100%
16. Training or Staff Development -
Agency Memberships (WIPFLI, Meeting Fees, NHSA, NAEYC, etc.)2,200 2,174.26 25.74 1.2%2,174.26 2,200.00 - 100%
Staff Trainings/Dev. Conf. Registrations/Memberships - PA11 48,244 39,070.04 9,173.96 19.0%39,103.18 48,277.14 (33.14) 100%
17. Other
Site Security Guards 2,000 547.48 1,452.52 72.6%547.48 2,000.00 - 100%
Field Trips - - - - - -
Vehicle Operating/Maintenance & Repair 9,000 (1,317.40) 10,317.40 114.6%439.41 2,780.00 13,097.40 (4,097.40) 146%
Equipment Maintenance Repair & Rental 5,000 3,127.99 1,872.01 37.4%2,678.09 4,550.10 449.90 91%
Dept. of Health and Human Services-data Base (CORD)1,000 1,000.00 - 0.0%1,000.00 1,000.00 -
Other Operating Expenses (CSD Admin/Facs Mgt. Alloc-1401)5,000 (10,173.99) 15,173.99 303.5%14,181.68 760.00 15,933.99 (10,933.99) 319%
Comprehensive Services with State Child 1,800,571 1,356,590.88 443,980.12 24.7%1,356,590.88 1,800,571.00 - 100%
TOTAL OTHER (6h)1,897,915 1,406,274.53 491,640.47 25.9%14,659.95 1,425,099.77 1,916,740.24 (18,825.24) 101%
I. TOTAL DIRECT CHARGES (6a-6h)3,640,472 2,302,527.64 1,337,944.36 36.8%65,301.39 2,290,449.49 3,628,393.85 12,078.15 100%
j. INDIRECT COSTS 50,672 1,683.90 48,988.10 96.7%40,600.00 89,588.10 (38,916.10) 177%
k. TOTALS - ALL BUDGET CATEGORIES 3,691,144 2,304,211.54 1,386,932.46 37.6%65,301.39 2,331,049.49 3,717,981.95 (26,837.95) 101%
Actual YTD
T/TA Expenses 17,246.79 81,817.14 Personnel Proj Surplus (Deficit)31,297.58
T/TA Funding 82,944.00 82,944.00 Other Proj. Surplus (deficit)(58,135.53)
Surplus (Deficit)65,697.21 1,126.86 Net Proj. Surplus (deficit)(26,837.95)
Non-Federal Match (In-Kind)922,786 582,573.01 340,212.99 36.9%16,325.35 340,212.99 582,573.01 37%
DESCRIPTION SEPTEMBER Total Remaining 8%
YTD Actual Budget Budget % YTD
a. PERSONNEL 63,464$ 305,109$ 241,645$ 21%
b. FRINGE BENEFITS 40,232 212,143 171,911 19%
c. TRAVEL - 7,000 7,000 0%
d. EQUIPMENT - - - 0%
e. SUPPLIES 601 24,100 23,499 2%
f. CONTRACTUAL - 460,020 460,020 0%
g. CONSTRUCTION - - - 0%
h. OTHER 7,896 65,984 58,088 12%
I. TOTAL DIRECT CHARGES 112,193$ 1,074,356$ 962,163$ 10%
j. INDIRECT COSTS - 64,073 64,073 0%
k. TOTAL-ALL BUDGET CATEGORIES 112,193$ 1,138,429$ 1,026,236$ 10%
In-Kind (Non-Federal Share)23,817$ 289,444$ 265,627$ 8%
CONTRA COSTA COUNTY-COMMUNITY SERVICES BUREAU
EARLY HEAD START- CC PARTNERSHIP #1
BUDGET PERIOD JULY 2019 - JUNE 2020
AS OF SEPTEMBER 2019
1 2 3 4 5 6
Actual Total YTD Total Remaining 8%
Sep-19 Actual Budget Budget YTD
Expenditures
a. Salaries & Wages (Object Class 6a)
Permanent 1011 19,265 63,464 291,762 228,298 22%
Temporary 1013 - - 13,347 13,347
TOTAL PERSONNEL (6a)19,265 63,464 305,109 241,645 21%
b. FRINGE BENEFITS (Object Class 6b)
Fringe Benefits 11,457 40,232 212,143 171,911 19%
TOTAL FRINGE (6b)11,457 40,232 212,143 171,911 19%
c. Travel (Object Class 6c)
1. Out-of-Town Travel - - 7,000 7,000 0%
TOTAL TRAVEL (6c)- - 7,000 7,000 0%
e. SUPPLIES (Object Class 6e)
1. Office Supplies 80 80 2,100 2,020 4%
2. Child and Family Services Supplies (Incl.classroom Supplies)521 521 15,000 14,479 3%
3. Other Supplies
Computer Supplies, Software Upgrades, Computer Replacement- - 3,700 3,700 0%
Miscellaneous Supplies - - 200 200 0%
Household Supplies - - 3,100 3,100 0%
TOTAL SUPPLIES (6e)601 601 24,100 23,499 2%
f. CONTRACTUAL (Object Class 6f)
1. Adm Svcs (e.g., Legal, Accounting, Temporary Contracts)- - 1,700 1,700 0%
2. Other Contracts
COCOKids (52 slots x $500 x 12 months)- - 315,120 315,120 0%
Loss of Subsidy - - 10,000 10,000 0%
Children and Family Supplies (Diapers, wipes, etc)- - 12,000 12,000 0%
First Baptist (20 slots x $500 x 12 months)- - 121,200 121,200 0%
TOTAL CONTRACTUAL (6f)- - 460,020 460,020 0%
h. OTHER (Object Class 6h)
1. Bldg Occupancy Costs/Rents & Leases 1,770 4,994 15,500 10,506 32%
2. Utilities, Telephone 31 768 15,000 14,232 5%
3. Bldg. Maintenance/Repair and Other Occupancy - - 1,400 1,400 0%
4. Local Travel (58 cents per mile effective 1/1/2019)- - 1,200 1,200 0%
5. Parent Services
Parent Activities (Sites, PC, BOS luncheon, including food and venue)- - 500 500 0%
6. Accounting & Legal Services
Auditor Controllers - - 200 200 0%
Data Processing/Other Services & Supplies - - 1,500 1,500 0%
7. Training or Staff Development
Staff Trainings/Dev. Conf. Registrations/Memberships - PA11 - - 18,907 18,907 0%
8. Other
Equipment Maintenance Repair & Rental - - 800 800 0%
Other Operating Expenses (CSD Admin/Facs Mgt. Alloc)2,134 2,134 10,977 8,843 19%
TOTAL OTHER (6h)3,935 7,896 65,984 58,088 12%
I. TOTAL DIRECT CHARGES (6a-6h)35,258 112,193 1,074,356 962,163 10%
j. INDIRECT COSTS - - 64,073 64,073 0%
k. TOTALS - ALL BUDGET CATEGORIES 35,258 112,193 1,138,429 1,026,236 10%
Non-Federal Match (In-Kind)8,814 23,817 289,444 265,627 8%
CONTRA COSTA COUNTY-COMMUNITY SERVICES BUREAU
EARLY HEAD START- CC PARTNERSHIP #1
AS OF SEPTEMBER 2019
BUDGET PERIOD JULY 2019 - JUNE 2020
Acct. code Stat. Date Card Account #Amount Program Purpose/Description
2102 08/22/19 xxxx1416 61.84 EHS Basis Grant Books, Periodicals
2102 08/22/19 xxxx1907 4,328.00 EHS-Child Care Partnership #2 Books, Periodicals
4,389.84$
2131 08/22/19 xxxx0494 1,073.83 Child Nutrition Food Services Minor Furniture/Equipment
1,073.83$
2150 08/22/19 xxxx0494 978.65 Child Nutrition Food Services Food
978.65$
2300 08/22/19 xxxx1416 3,576.66 EHS-Child Care Partnership #2 Transportation & Travel
2300 08/22/19 xxxx8798 1,350.69 EHS-Child Care Partnership #2 Transportation & Travel
4,927.35$
2303 08/22/19 xxxx2364 1,542.85 EHS-Child Care Partnership #2 Other Travel Employees
2303 08/22/19 xxxx1907 737.44 EHS-Child Care Partnership #2 Other Travel Employees
2303 08/22/19 xxxx3016 619.88 EHS-Child Care Partnership #2 Other Travel Employees
2303 08/22/19 xxxx8777 3,303.58 EHS-Child Care Partnership #2 Other Travel Employees
2303 08/22/19 xxxx8777 (541.96) EHS-Child Care Partnership #2 Other Travel Employees
2303 08/22/19 xxxx8798 276.43 HS Basic Grant Other Travel Employees
2303 08/22/19 xxxx8798 2,802.38 EHS-Child Care Partnership #2 Other Travel Employees
8,740.60$
2467 08/22/19 xxxx1907 199.00 CSD Liheap PGE Assistance Training & Registration
199.00$
2479 08/22/19 xxxx4959 732.15 HS Basic Grant Other Special Dpmtal Exp
2479 08/22/19 xxxx4959 1,230.38 EHS-Child Care Partnership #2 Other Special Dpmtal Exp
2479 08/22/19 xxxx2364 260.92 HS Basic Grant Other Special Dpmtal Exp
2479 08/22/19 xxxx8798 614.39 EHS-Child Care Partnership #2 Other Special Dpmtal Exp
2479 08/22/19 xxxx1899 2,529.22 Indirect Admin Costs Other Special Dpmtal Exp
5,367.06$
2490 08/22/19 xxxx1416 40.00 EHS Basis Grant Misc Services/Supplies
2490 08/22/19 xxxx1416 1,271.24 EHS-Child Care Partnership #2 Misc Services/Supplies
2490 08/22/19 xxxx1907 1,413.84 EHS-Child Care Partnership #2 Misc Services/Supplies
2490 08/22/19 xxxx1907 1,773.36 HS Basic Grant Misc Services/Supplies
2490 08/22/19 xxxx1907 (118.53) EHS-Child Care Partnership #2 Misc Services/Supplies
2490 08/22/19 xxxx3016 2,075.15 HS Parent Services Misc Services/Supplies
6,455.06$
Total 32,131.39
COMMUNITY SERVICES BUREAU
SUMMARY CREDIT CARD EXPENDITURE
VISA/U.S.BANK
AUGUST 2019
Acct. code Stat. Date Card Account #Amount Program Purpose/Description
2102 10/22/19 xxxx4959 798.84 EHS-Child Care Partnership #2 Books, Periodicals
2102 10/22/19 xxxx4959 77.05 EHS-Child Care Partnership #2 Books, Periodicals
2102 10/22/19 xxxx1416 399.49 EHS-Child Care Partnership #2 Books, Periodicals
1,275.38
2131 10/22/19 xxxx1907 780.70 EHS-Child Care Partnership #2
2131 10/22/19 xxxx0494 (11.56) Child Nutrition Food Services Minor Furniture/Equipment
2131 10/22/19 xxxx0494 29.78 Child Nutrition Food Services Minor Furniture/Equipment
2131 10/22/19 xxxx0494 802.86 Child Nutrition Food Services Minor Furniture/Equipment
1,601.78
2300 10/22/19 xxxx4959 700.88 Comm. Svc Block Grant Transportation & Travel
2300 10/22/19 xxxx1416 (653.76) EHS-Child Care Partnership #2 Transportation & Travel
47.12
2303 10/22/19 xxxx4959 2,393.20 EHS-Child Care Partnership #2 Other Travel Employees
2303 10/22/19 xxxx4959 700.88 Comm. Svc Block Grant Other Travel Employees
2303 10/22/19 xxxx1907 72.48 EHS-Child Care Partnership #2 Other Travel Employees
2303 10/22/19 xxxx3016 1,723.14 EHS-Child Care Partnership #2 Other Travel Employees
4,889.70
2467 10/22/19 xxxx4959 1,896.15 HS Basic Grant Training & Registration
2467 10/22/19 xxxx1417 1,865.96 HS Basic Grant Training & Registration
2467 10/22/19 xxxx1907 50.00 HS Basic Grant Training & Registration
2467 10/22/19 xxxx3016 550.00 EHS-Child Care Partnership #2 Training & Registration
4,362.11
2479 10/22/19 xxxx4959 (20.99) HS Basic Grant Other Special Dpmtal Exp
2479 10/22/19 xxxx4959 (29.98) HS Basic Grant Other Special Dpmtal Exp
2479 10/22/19 xxxx4959 73.87 HS Basic Grant Other Special Dpmtal Exp
2479 10/22/19 xxxx1899 1,109.53 Indirect Admin Costs Other Special Dpmtal Exp
2479 10/22/19 xxxx1899 (50.00) Indirect Admin Costs Other Special Dpmtal Exp
1,082.43
2490 10/22/19 xxxx4959 65.90 EHS-Child Care Partnership #2 Misc Services/Supplies
2490 10/22/19 xxxx1416 69.98 EHS-Child Care Partnership #2 Misc Services/Supplies
2490 10/22/19 xxxx1416 111.43 HS Basic Grant Misc Services/Supplies
2490 10/22/19 xxxx1907 71.24 HS Basic Grant Misc Services/Supplies
2490 10/22/19 xxxx1907 2,143.74 EHS-Child Care Partnership #2 Misc Services/Supplies
2490 10/22/19 xxxx3016 HS Parent Services Misc Services/Supplies
2490 10/22/19 xxxx8798 84.41 HS Basic Grant Misc Services/Supplies
2,546.70
TOTAL 15,805.22$
COMMUNITY SERVICES BUREAU
SUMMARY CREDIT CARD EXPENDITURE
VISA/U.S. BANK
SEPTEMBER 2019
CAO Monthly Report
CSBG and Weatherization Programs
Year-to-Date Expenditures
As of September 30, 2019
1.2019 LIHEAP WX
Contract # 19B-5005
Term: Oct. 1, 2018 - June 30, 2020
Amount: WX $ 981,523
Total Contract 981,523$
Expenditures (955,347)
Balance 26,176$
Expended 97%
2.2019 LIHEAP ECIP/EHA 16
Contract # 19B-5005
Term: Oct. 1, 2018 - June 30, 2020
Amount: EHA 16 $ 862,398
Total Contract 862,398$
Expenditures (582,848)
Balance 279,550$
Expended 68%
3.2017 Department of Energy (DOE)
Contract # 17C-4004
Term: June 1, 2018 - June 30, 2020
Amount: $ 476,486
Total Contract 476,486$
Expenditures (244,435)
Balance 232,051$
Expended 51%
4.2019 COMMUNITY SERVICES BLOCK GRANT (CSBG)
Contract # 19F-4007
Term: Jan. 1, 2019 - Dec. 31, 2019
Amount: $ 850,578
Total Contract 850,578$
Expenditures (503,956)
Balance 346,622$
Expended 59%
fldr/fn:CAO Monthly Reports/WX YTD Exp-CAO Mo Rprt 9-2019
2019
Month covered August
Approved sites operated this month 13
Number of days meals served this month 21
Average daily participation 497
Child Care Center Meals Served:
Breakfast 9,171
Lunch 10,428
Supplements 8,349
Total Number of Meals Served 27,948
fldr/fn:2019 CAO Monthly Reports
EMPLOYMENT & HUMAN SERVICES DEPARTMENT
COMMUNITY SERVICES BUREAU
CHILD NUTRITION FOOD SERVICES
CHILD and ADULT CARE FOOD PROGRAM MEALS SERVED
FY 2019-2020
October 2019 – Community Services Bureau Preschool Menu
MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY
ALL BREAKFAST & LUNCH SERVED WITH
1% LOW-FAT MILK
*Indicates vegetable included in main dish
WATER IS OFFERED THROUGHOUT THE DAY
1
BREAKFAST
½ c. FRESH PEAR
1 ea. PANCAKE
LUNCH
½ c. Chicken Pesto Pasta With Spinach
(shredded chicken, basil, parmesan, garlic,
diced tomatoes, & whole wheat pasta)
¼ c FRESH BROCCOLI/RANCH DRESSING
1 ea. FRESH KIWI
PM SNACK
¼ c. LOW-FAT YOGURT
½ c. PINEAPPLE TIBITS
2 BREAKFAST
½ c. MANGO CHUNKS
¼ c. RICE CEREAL WITH CINNAMON & VANILLA
LUNCH
¾ c. *Beef Vegetable Pot Roast
(carrots, onions, zucchini, celery, garlic, tomato)
½ ea. FRESH ORANGE
½ ea. WHOLE WHEAT ROLL
PM SNACK
¼ c. PICO DE GALLO
6 ea. WHOLE CORN TORTILLA CHIPS
½ c. 1% MILK
3
BREAKFAST
1 ea. FRESH BANANA
¼ c. COOKED CINNAMON OATMEAL & RAISINS
LUNCH
⅜ c. Bean Burrito
¼ c. SHREDDED LETTUCE & DICED TOMATOES
½ ea. FRESH APPLE
1 ea. WHOLE WHEAT TORTILLA
PM SNACK
1 tbsp. SUNBUTTER
2 pkgs. RITZ CRACKERS
4
BREAKFAST
1 ea. FRESH ORANGE
⅓ c. RICE CHEX CEREAL
LUNCH
1½ oz. Baked BBQ Chicken
¼ c. SAUTEED CABBAGE
¼ c. FRESH PEAR
¼ c. RICE PILAF
PM SNACK
⅓ c. LETS GO FISHING TRAIL MIX
(corn chex, pretzels, fish & cheese crackers)
½ c. 1% MILK
7
BREAKFAST
1 ea. FRESH BANANA
⅓ c. RICE CHEX CEREAL
LUNCH
1 c. Royal Mac & Cheese
(milk, thyme, onion, garlic, cheddar, bell peppers)
¼ c. BROCCOLI FLORETS
½ ea. FRESH PEAR
PM SNACK
1 ea. FRESH APPLE
1 pkg. ANIMAL CRACKERS
8 BREAKFAST
¼ c. POWER EGG BAKE
(egg, onions, spinach, mozzarella)
½ sl. WHOLE WHEAT BREAD
LUNCH - TACO TUESDAY
1 oz. Ground Turkey
½ oz. SHREDDED CHEESE
¼ c. LETTUCE & TOMATOES
1 ea. FRESH KIWI
2 ea. WHOLE CORN MINI TORTILLAS
PM SNACK
1 ea. STRING CHEESE
1 sl. FRESH CANTALOUPE
9
BREAKFAST
½ c. FRESH STRAWBERRIES
1 serv. FRENCH TOAST
LUNCH
½ c. *Chicken Fajita
(diced chicken, bell pepper, onions)
¼ c. CUCUMBER SLICES
1 ea. FRESH CLEMENTINE
¼ c. BROWN RICE
PM SNACK
1 ea. CAULIFLOWER STICK
1 ea. FRESH PEAR
10 BREAKFAST
1 ea. FRESH APPLE
1 serv. OAT MILK CHIA PUDDING
LUNCH
1 ea. *Mexican Pizza
(refried beans, tomato paste, chunky salsa)
½ oz. SHREDDED MOZZARELLA CHEESE
¼ c. PICKLED CABBAGE
1 ea. FRESH KIWI
1 ea. WHOLE WHEAT TORTILLA
PM SNACK
2 pkgs. RITZ CRACKERS
½ c. FRESH STRAWBERRIES
11
BREAKFAST
1 ea. FRESH BANANA
½ ea. ENGLISH MUFFIN
LUNCH
¾ c. *Ground Turkey & Beef Stroganoff
(ground beef, carrots, bell pepper, onions, celery,
garlic, yogurt, parsley, & whole wheat pasta)
¼ c. ZUCCHINI STICKS
¼ c. PINEAPPLE TIDBITS
PM SNACK
1 sl. WHOLE WHEAT CINNAMON BREAD
1 ea. FRESH PEAR
14 BREAKFAST
1 ea. FRESH PEAR
⅓ c. RICE CHEX CEREAL
LUNCH
¾ c. 3 Bean Chili
(carrots, celery, onion, shredded cheese)
¼ c. CARROT STICKS
1 ea. FRESH TANGERINE
2 pkgs. WHEATWORTH CRACKERS
PM SNACK
1 ea. FRESH APPLE
1 ea. CHEDDAR CHEESE STICK
15
BREAKFAST
½ c. FRESH ORANGE
⅓ c. EGG & TURKEY HAM
LUNCH
⅓ c. Sloppy Joe (ground turkey)
¼ c. BROCCOLI SLAW
1 ea. FRESH KIWI
½ ea. WHOLE WHEAT HAMBURGER BUN
PM SNACK
1 pkg. ANIMAL CRACKERS
½ c. 1% MILK
16
BREAKFAST
1 ea. FRESH BANANA
¼ c. OATMEAL
LUNCH
½ c. Green Pozole Soup
(diced chicken, tomatillo, cilantro, onion, hominy)
¼ c. SHREDDED CABBAGE & CILANTRO
¼ c. MANGO CHUNKS
6 ea. WHOLE CORN TORTILLA CHIPS
PM SNACK
1 pkg. WHOLE GRAIN CHEESE-ITS
½ c. CUCUMBER & CARROT STICKS/RANCH DIP
17
BREAKFAST
1 ea. FRESH CLEMENTINE
½ sl. WHOLE WHEAT CINNAMON BREAD
LUNCH
⅜ c. Chicken Gumbo & Rice
¼ c. COLESLAW
½ ea. FRESH PEAR
PM SNACK
½ c. PINEAPPLE TIDBITS
⅛ c. COTTAGE CHEESE
18
BREAKFAST
1 sl. FRESH HONEYDEW
⅓ c. CHEERIOS
LUNCH
½ c. Chicken Salad
¼ c. MIXED GREENS/ITALIAN DRESSING
¼ c. FRESH STRAWBERRIES
2 pkgs. WHEATWORTH CRACKERS
PM SNACK
¼ c. FRESH CELERY STICKS
1 tbsp. SUNBUTTER
½ c. 1% MILK
21
BREAKFAST
1 ea. FRESH ORANGE
⅓ c. RICE CHEX CEREAL
LUNCH
½ c. Chana Masala
(chickpeas, tomatoes, zucchini, cauliflower &
spinach)
½ ea. FRESH APPLE
½ ea. WHOLE WHEAT PITA BREAD
PM SNACK
1 ea. FRESH PEAR
2 pkgs. RITZ CRACKERS
22
BREAKFAST
1 ea. FRESH KIWI
⅓ c. BRAN CEREAL
LUNCH
⅓ c. Filipino Adobo
(chicken leg, soy sauce, vinegar)
¼ c. BROCCOLI FLORETS/RANCH DRESSING
1 ea. FRESH TANGERINE
¼ c. BROWN RICE
PM SNACK
½ c. FRUIT SALSA
(fresh pear, pineapple chunks, red onions)
6 ea. WHOLE CORN TORTILLA CHIPS
23
BREAKFAST
½ C. PINEAPPLE TIDBITS
½ ea. WHOLE WHEAT BAGEL/CREAM CHEESE
LUNCH
1 serv. Chicken Chilaquiles With Whole Grain
Corn Tortilla Chips
¼ c. GREEN SALAD/ITALIAN DRESSING
½ ea. FRESH PEAR
PM SNACK
1 ea. FRESH BANANA
1 tbsp. SUNBUTTER
24 BREAKFAST
½ c. MANGO CHUNKS
⅓ c. CORN CHEX CEREAL
LUNCH
¾ c. *Arroz Con Queso
(corn, brown rice, shredded cheese, tomatoes,
green chiles, onions)
¼ c. PURPLE CAULIFLOWER
¼ c. FRESH STRAWBERRIES
PM SNACK
¼ c. CELERY STICKS/RANCH DRESSING
6 ea. WHEAT THIN CRACKERS
½ c. 1% MILK
25
BREAKFAST
1 ea. FRESH KIWI
1 sq. BANANA BREAD
LUNCH
¾ c.*Greek Chicken Salad
(diced chicken, cucumbers, tomatoes & olives)
WITH FETA CHEESE DRESSING
½ ea. FRESH APPLE
½ ea. WHOLE WHEAT PITA BREAD
PM SNACK
1 pkg. ANIMAL CRACKERS
½ c. 1% MILK
28
BREAKFAST
1 ea. FRESH APPLE
⅓ c. CORNFLAKES
LUNCH
⅜ c. Baja Bean Taco
(kidney beans, pinto beans & salsa)
½ oz. SHREDDED CHEESE
¼ c. FRESH KIWI
2 ea. MINI CORN TORTILLAS
PM SNACK
½ c. YELLOW WAX BEANS
2 tbsps. HUMMUS
29
BREAKFAST
1 ea. FRESH BANANA
1 ea. HARD BOILED EGG
LUNCH
½ c. *Chicken Tinga
(chicken, juliened onions, garlic, tomato)
¼ c. FRESH BROCCOLI
1 ea. FRESH CLEMENTINE
¼ c. BROWN RICE
PM SNACK
⅓ c. TRAIL MIX
(rice chex, pretzel, kix cereal)
½ c. FRESH STRAWBERRIES
30
BREAKFAST
1 ea. FRESH PEAR
½ sl. WHOLE WHEAT CINNAMON BREAD
LUNCH
1 ¼ c. Rice & Vegetable
(brown rice, shredded cheese, kale, onions,
mushrooms)
¼ c. FRESH KIWI
PM SNACK
1 pkg. GOLDFISH CRACKERS
½ c. PINEAPPLE TIDBITS
31 BREAKFAST
1 ea. FRESH KIWI
⅓ c. ARROZ CON LECHE (rice, raisins, vanilla)
LUNCH
½ c Veggie Quesadilla Casserole
(enchilada sauce, cheese, mushrooms, spinach,
onions)
¼ c. SHREDDED CABBAGE & CILANTRO
¼ c. MANGO CHUNKS
6 ea. WHOLE CORN TORTILLA CHIPS
PM SNACK
¼ c. SWEET POTATO DIP (sweet potato, oat milk)
¼ c. FRESH CELERY STICKS
½ c. 1% MILK
Program Performance Summary Report
To: Authorizing Official/Board Chairperson
Mr. John Gioia
Contra Costa County
1470 Civic Ct
Ste 200
Concord, CA 94520 - 5242
On 9/26/2019, the Administration for Children and Families (ACF) conducted a monitoring review of Contra Costa County Head Start and
Early Head Start programs. We wish to thank the governing body, policy council, staff, and parents of your program for their cooperation
and assistance during the review. This monitoring report has been issued to Mr. John Gioia, Authorizing Official/Board Chair, as legal
notice to your agency of the results of the program review.
Based on the information gathered during our review, your program was found to be out of compliance with one or more applicable Head
Start Program Performance Standards, laws, regulations, and policy requirements. The report provides you with detailed information in
each area where program performance did not meet applicable Head Start Program Performance Standards, laws, regulations, and policy
requirements. Each area of noncompliance identified in this report should be corrected within 120 days following receipt of this report.
Please contact your ACF Regional Office with any questions or concerns you may have about this report.
DISTRIBUTION OF THE REPORT
Copies of this report will be distributed to the following recipients:
Ms. Jan Len, Regional Program Manager
Ms. Kathy Gallagher, Chief Executive Officer/Executive Director
Ms. Camilla Rand, Head Start Director
Ms. Camilla Rand, Early Head Start Director
From: Responsible HHS Official
Date: 10/17/2019
Dr. Deborah Bergeron
Director, Office of Head Start
Glossary of Terms
Compliant No findings. Meets requirements of Head Start Program Performance Standard.
Area of Concern An area for which the agency needs to improve performance. These issues should be discussed with
the grantee's Regional Office of Head Start for possible technical assistance.
Area of Noncompliance
An area for which the agency is out of compliance with Federal requirements (including but not
limited to the Head Start Act or one or more of the regulations) in one or more area of performance.
This status requires a written timeline of correction and possible technical assistance or guidance
from the grantee's program specialist. If not corrected within the specified timeline, this status
becomes a deficiency.
Deficiency
As defined in the Head Start Act, the term "deficiency" means:
(A) a systemic or substantial material failure of an agency in an area of performance that the
Secretary determines involves:
(i) a threat to the health, safety, or civil rights of children or staff;
(ii) a denial to parents of the exercise of their full roles and responsibilities related to program
operations;
(iii) a failure to comply with standards related to early childhood development and health
services, family and community partnerships, or program design and management;
(iv) the misuse of funds received under this subchapter;
(v) loss of legal status (as determined by the Secretary) or financial viability, loss of permits,
debarment from receiving Federal grants or contracts, or the improper use of Federal funds; or
(vi) failure to meet any other Federal or State requirement that the agency has shown an
unwillingness or inability to correct, after notice from the Secretary, within the period
specified;
(B) systemic or material failure of the governing body of an agency to fully exercise its legal and
fiduciary responsibilities; or
(C) an unresolved area of noncompliance.
Contra Costa County - 09CH010862/2019
Page 2 of 5
Performance Summary
Applicable Standards Grant Number(s)Timeframe for
Correction
Compliance Level Service Area
1302.47(b)(5)(iv)09CH010862 120 days Noncompliance Inappropriate Release
1302.102(d)(1)(ii)09CH010862 120 days Noncompliance Inappropriate Release
Contra Costa County - 09CH010862/2019
Page 3 of 5
New Area of Noncompliance Determination(s)
Inappropriate Release
Noncompliance 1302.47(b)(5)(iv)Timeframe for Correction: 120 days
1302.47 Safety practices (b) A program must develop and implement a system of management, including ongoing training, oversight,
correction and continuous improvement in accordance with §1302.102, that includes policies and practices to ensure all facilities,
equipment and materials, background checks, safety training, safety and hygiene practices and administrative safety procedures are
adequate to ensure child safety. This system must ensure: (5) Safety practices. All staff and consultants follow appropriate practices to keep
children safe during all activities, including, at a minimum: (iv) Only releasing children to an authorized adult,
The grantee did not ensure all staff and consultants followed appropriate practices to keep children safe during all activities, including, at a
minimum, only releasing children to an authorized adult.
On August 2, 2019, teaching staff at the 8th Street Child Development Center released a child to an adult who was known to the staff and
was authorized to pick up children; however, the adult was not authorized to receive the child released to her. The 8th Street Child
Development Center was operated by the YMCA of the East Bay, a partner to the grantee. The adult was authorized to pick up an infant
and a preschool child from the center; however, she left the center with the infant she was authorized to receive, and a preschool child she
was not authorized to receive. Center staff immediately realized the situation and called the adult to return the preschool child, which she
did within 5-8 minutes.
The YMCA of the East Bay Head Start Director informed California Community Child Care Licensing of the incident on August 5, 2019,
and a Facility Evaluation Report was completed by the Licensing Division on August 8, 2019.
A review of the investigation documents provided to the Regional Office by the grantee on August 14, 2019, showed the child was
incorrectly identified, signed out, and left the program. The incident occurred because center staff did not follow established policies and
procedures to manage the child release process, including checking identification and confirming the adult's status as an authorized
receiver. The grantee's Head Start Director shared training would be provided to all persons authorized to pick up children, so the incident
did not recur.
Following the incident, the grantee and partner took action to address the issues that led to the incident. A review of the grantee's corrective
action plan provided to the Regional Office on August 14, 2019, showed training on child supervision and release procedures were
incorporated into scheduled training in August 2019, with all teaching staff required to confirm their participation and understanding of the
protocols. Sign-in and sign-out resources were also improved, with photographs added to tablet computers used to manage the arrival and
departure processes. Monitoring by the partner and the grantee was increased to ensure the expanded policies were correctly implemented,
including announced and unannounced visits.
In a follow-up call with the Regional Office on August 29, 2019, the grantee stated it spoke with the mother of the child who was
incorrectly released on August 2, 2019, to explain the situation and include her in the corrective action planning. The two teachers who
incorrectly released the child were terminated from their employment with the partner agency.
The grantee did not ensure all staff and consultants followed appropriate practices to keep children safe during all activities, including, at a
minimum, only releasing children to an authorized adult; therefore, it was not in compliance with the regulation.
Reporting
Noncompliance 1302.102(d)(1)(ii)Timeframe for Correction: 120 days
1302.102 Achieving program goals. (d) Reporting. (1) A program must submit: (ii) Reports, as appropriate, to the responsible HHS official
immediately or as soon as practicable, related to any significant incidents affecting the health and safety of program participants,
circumstances affecting the financial viability of the program, breaches of personally identifiable information, or program involvement in
legal proceedings, any matter for which notification or a report to state, tribal, or local authorities is required by applicable law
The grantee did not submit reports, as appropriate, to the responsible Health and Human Services (HHS) official immediately or as soon as
practicable, regarding any significant incidents affecting the health and safety of program participants as required by applicable law.
On August 2, 2019, teaching staff at the 8th Street Child Development Center released a child to a known adult who was not authorized to
receive the child. The 8th Street Child Development Center was operated by the YMCA of the East Bay, a partner to the grantee. YMCA
notified the grantee of the incident on August 5, 2019. The Regional Office was notified of the incident on August 8, 2019.
The grantee did not submit reports, as appropriate, to the responsible HHS official immediately or as soon as practicable, regarding any
significant incidents affecting the health and safety of program participants as required by applicable law; therefore, it was not in
compliance with the regulation.
Contra Costa County - 09CH010862/2019
Page 4 of 5
---------- End of Report -----------
Contra Costa County - 09CH010862/2019
Page 5 of 5
1
October 17, 2019
To: Contra Costa Board of Supervisors
Fr: Camilla Rand, Community Services Bureau Director
Re: Response to 10/2/19 GAO Report on Fraud and Improper Payment Risks in Head Start
This memo is in response to the recent report released by the Government Accountability
Office (GAO) regarding concerns related to determining Head Start eligibility. According
to the report, the GAO conducted 15 covert tests at a selection of Head Start grantee
centers in New York, Los Angeles, Detroit, Chicago and Boston in which they found
vulnerabilities in centers’ controls for eligibility screening and detecting potential fraud.
The tests concluded concerns in the following areas:
The Office of Head Start process for monitoring grantee enrollment
(eligibility).The GAO conducted covert control tests in which 15 fictitious families
were created along with incomplete or ineligible family documentation. While the
results cannot be generalized, the results show staff at selected centers did not
always properly verify eligibility.
False enrollment reports and attendance tracking. The second area of the
GAO report addressed payments based on self-reported enrollment. The GAO
raised concern over the accuracy of the enrollment and indicated a more accurate
indicator of enrollment would be daily attendance. To prove this, the GAO reviewed
attendance records from nine centers for the month of March 2018, they found that
each center had children enrolled that had not attended for 30 or more days. The
GAO found that the Office of Head Start (OHS) has the expectation that after 30
days of non-attendance a slot should be considered vacant, however, that
expectation had not been relayed to the grantees.
Community Services Bureau Systems. The Community Services Bureau (CSB) is the
largest Head Start provider in this county and has strong procedures and policies in place
that address the GAO concerns at the grantee level. Through a series of checks and
balances we are able to ensure that all families enrolled in our programs are eligible and
documentation is verified and maintained electronically in our Child Location Observation
Utilization Data System (CLOUDS) database.
CSB ensures the accuracy of enrollment/eligibility through the following systems:
CLOUDS database which prioritizes children based on a selection criteria, and
ranks the children with the highest priority first.
The establishment of a central enrollment unit with specialized staff that are well
trained on all eligibility requirements.
2
Several Layers of Checks and Balances:
o Prior to enrollment, eligibility documentation goes through a second review
and is approved by a Comprehensive Services Assistant Manager.
o Any family with an income over 100% of the federal income guideline is
reviewed a third time by the Enrollment Unit Analyst prior to enrollment.
o All over income families are tracked to ensure CSB does not exceed the
allowable number of over-income children.
On-Going Monitoring:
o CSB has an on-going monitoring team that randomly selects 30% of newly
enrolled children’s files each year for review. Trends and root causes are
identified and corrective actions taken.
o An annual State Child Development Audit is conducted where 30% of child
files are reviewed for eligibility documentation and accuracy. 95% of CSB
programs are Head Start and State blended, and State regulations are more
stringent also ensuring Head Start mandates are followed. CSB has not
received a finding in over 10 years as it relates to eligibility.
Strong Attendance Policies:
o To ensure the accuracy of the enrollment numbers that are self-reported
each month to OHS, CSB utilizes our CLOUDS database automated
reports.
o Attendance policies ensure children served are attending regularly:
In 2014 our CLOUDS systems was approved by the CDE for
electronic filing and document maintenance.
Through electronic sign-in, we are able to capture the time, date and
signature of the caregiver as they leave their child in our care.
Our policy requires the teaching staff to review the attendance at
least weekly for accuracy.
Site Supervisors are also required to review the attendance several
times per week for accuracy.
Monthly, Site Supervisors review and approve attendance records.
Monthly, the Analyst reviews the attendance records for accuracy
and notifies site staff of any children with excessive absences.
Our current policy is if a child misses 10 consecutive
unexcused/uninformed days their slot will be considered vacant.
On a case by case basis, a child may be allowed to miss up to 30
days, if the family informs center staff in advance of the expected
absences such as hospitalization or prolonged illness.
RECOMMENDATION(S):
REVIEW and ACCEPT the Office of Equal Employment Opportunity's Annual Outreach Report, and the
Departmental Outreach Plans for FY 2019 - 2020.
FISCAL IMPACT:
None
BACKGROUND:
In April 2014, the County Administrator’s Office created the Recruitment Opportunities Work Group,
consisting of representatives from the Human Resources Department, the Office of County Counsel, and
the Equal Employment Opportunity Office. With the goal of promoting equal employment opportunities,
diversity and equity within our workforce, the Work Group successfully researched and developed robust
and engaging outreach and recruitment strategies.
Based on these strategies, the County developed outreach plans that were rolled out to department heads in
January 2015. Subsequently, in February 2015, the Work Group rolled out the outreach plans to
Administrative Services Officers and the Equal Employment Opportunity Coordinators to develop and
implement individualized departmental plans. The attached annual report is an overview of all department
Equal Employment efforts.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V Supervisor
Contact: Affirmative Action Officer,
925-335-1455
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of
the Board of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 49
To:Board of Supervisors
From:HIRING OUTREACH OVERSIGHT COMMITTEE
Date:November 12, 2019
Contra
Costa
County
Subject:FY 2019 - 2020 Outreach and Recruitment Report
CONSEQUENCE OF NEGATIVE ACTION:
If unapproved, the County will not be in compliance with ensuring underrepresented groups are notified
about County opportunities, and encouraged to apply. This will directly impact the County efforts to
diversify its workforce.
ATTACHMENTS
FY 2019 - FY 2020 Outreach and Recruitment Report
CONTRA COSTA COUNTY
OFFICE OF EQUAL EMPLOYMENT OPPORTUNITY
FY 2018-2019 OUTREACH REPORT
FY 2019-2020 OUTREACH PLANS
i
TABLE OF CONTENTS
Hiring Outreach Oversight Committee Report 4
Contra Costa County
2018 Outreach Cover Page 13
2018 Outreach Data 14
Department of Agriculture/Weights & Measures
2018 Outreach Cover Page 16
2018 Outreach Data 17
FY 2019-2020 Outreach and Recruitment Plan 19
Animal Services Department
2018 Outreach Cover Page 21
2018 Outreach Data 22
FY 2019-2020 Outreach and Recruitment Plan 24
Office of the Assessor
2018 Outreach Cover Page 27
2018 Outreach Data 28
FY 2019-2020 Outreach and Recruitment Plan 30
Office of the Auditor-Controller’s Office
2018 Outreach Cover Page 33
2018 Outreach Data 35
FY 2019-2020 Outreach and Recruitment Plan 36
Department of Child Support Services
2018 Outreach Cover Page 39
2018 Outreach Data 40
FY 2019-2020 Outreach and Recruitment Plan 42
Clerk Recorder – Elections Department
2018 Outreach Cover Page 44
2018 Outreach Data 45
FY 2019-2020 Outreach and Recruitment Plan 47
Conservation and Development
2018 Outreach Cover Page 49
2018 Outreach Data 50
FY 2019-2020 Outreach and Recruitment Plan 52
ii
County Administrator’s Office
2018 Outreach Cover Page 55
2018 Outreach Data 56
FY 2019-2020 Outreach and Recruitment Plan 58
Office of the County Counsel
2018 Outreach Cover Page 61
2018 Outreach Data 62
FY 2019-2020 Outreach and Recruitment Plan 64
District Attorney’s Office
2018 Outreach Cover Page 66
2018 Outreach Data 67
FY 2019-2020 Outreach and Recruitment Plan 69
Employment and Human Services
2018 Outreach Cover Page 74
2018 Outreach Data 75
FY 2019-2020 Outreach and Recruitment Plan 77
Contra Costa County Fire Protection Districts
2018 Outreach Cover Page 80
2018 Outreach Data 81
FY 2019-2020 Outreach and Recruitment Plan 83
Health Services Department
2018 Outreach Cover Page 86
2018 Outreach Data 87
FY 2019-2020 Outreach and Recruitment Plan 89
Human Resources Department
2018 Outreach Cover Page 92
2018 Outreach Data 93
FY 2019-2020 Outreach and Recruitment Plan 95
Contra Costa County Library
2018 Outreach Cover Page 98
2018 Outreach Data 99
FY 2019-2020 Outreach and Recruitment Plan 101
iii
Probation
2018 Outreach Cover Page 105
2018 Outreach Data 106
FY 2019-2020 Outreach and Recruitment Plan 108
Department of Public Defender
2018 Outreach Cover Page 111
2018 Outreach Data 112
FY 2019-2020 Outreach and Recruitment Plan 114
Department of Public Works
2018 Outreach Cover Page 116
2018 Outreach Data 117
FY 2019-2020 Outreach and Recruitment Plan 119
Office of the Sheriff
2018 Outreach Cover Page 122
2018 Outreach Data 123
FY 2019-2020 Outreach and Recruitment Plan 125
Office of the Treasurer/Tax Collector
2018 Outreach Cover Page 127
2018 Outreach Data 128
FY 2019-2020 Outreach and Recruitment Plan 130
Veterans Service Office
2018 Outreach Cover Page 133
2018 Outreach Data 134
FY 2019-2020 Outreach and Recruitment Plan 136
4
BACKGROUND
In April of 2014, the Human Resources (HR) Department convened a Recruitment Opportunities
Work Group consisting of representatives from the Human Resources Department, Office of the
County Counsel, and the Office of Equal Employment Opportunity (EEO). The County
Administrator tasked the group with establishing a post-Consent Decree framework to ensure that
the County’s workforce reflected the demographics of the communities we serve. Outreach was
created to explore new and innovative ways to reach people who are under -represented1 in the
County’s workforce. The goal is to provide equal employment opportunities for all qualified
persons seeking employment with the County and special districts governed by the Board of
Supervisors.
On July 1, 2015, the County implemented its outreach and recruitment plans for Fiscal Year (FY)
15-16. The goals of the plans were to promote equity and inclusion throughout the County’s
workforce. County departments along with EEO were instructed to conduct strategic outreach
and recruitment efforts, which were specifically designed to reach qualified under-represented
groups within the constituents we serve.
METHODOLOGY
In order to determine under-representation in each department, the EEO Officer annually
compares the County’s workforce data to the availability of qualified people who reside in the lo cal
labor market and are 16 years or older. The County’s workforce data within this report is derived
from employment records from the Human Resources database. The local labor market data is
compiled by the 2010 United States Department of Census Bureau (Census) using the Equal
Employment Opportunity Tabulation (EEO Tabulation), which is a benchmark for comparing the
gender and racial makeup of an organization's workforce. It examines labor force diversity using
Census data and is produced for federal agencies responsible for monitoring employment
practices and enforcing civil rights laws for the workforce.
The current County reporting format uses statistical data to determine under-representation within
the department as a whole. EEO conducted utilization analysis by race and gender as defined
by the occupational categories within each department. An occupational category is a broad
grouping of job classes which require similar levels of skill and training. The analysis relies on
subtraction: the percentage of employees in the business's workforce in a particular job category,
cross-classified by race, national origin and sex, minus the percentage of workers in the same job
category in the relevant labor market, also cross-classified by race, national origin and sex2. For
example, if the business's Workforce Analysis Chart shows 40 percent Asian males in the
Professionals job category, and if the community labor statistics table shows that in the relevant
1 Dictionary.com defines underrepresentation as giving inadequate representation to; represent in numbers that are disproportionately low.
2 As defined by the Department of Justice Office of Justice Programs Equal Employment Opportunity Plans
5
labor market, 20 percent of Professionals are Asian males, then the business is underusing Asian
males in the job category by 20 percent.
TOTAL COUNTY WORKFORCE
As of December 31, 2018, Contra Costa County employed 9089 employees. Each department
with underrepresentation of 10% or more in the gender , race and /or ethnicity3 categories is
required to create a strategic outreach and recruitment plan which addresses the deficiencies and
outreach needed. Representation rates, which are presented in percentages, are estimated
indicators of whether or not a particular racial/ethnic or gender group is represented at a level
comparable to the group’s existence in the labor market. Departments provide steps that will be
taken to assist in increasing the applicant flow of qualified individuals for the under -represented
group(s). The County’s job classes are determined by HR and assigned to an occupational
category based upon the United States Equal Employment Opportunity Commis sion’s
definitions4.
Applicant flow analysis is an important component of outreach that helps the County determine
the success of its outreach program. Applicant flow is the analysis of selection rate adjustments
for a particular job and is used for record keeping and statistical purposes5. Employers are to
provide applicants the option to self -identify or decline to submit the supplemental classification
information which identifies gender, race and/or ethnicity. If an individual declines to self -identify,
the individual’s reporting data will not be included in the final tally.
The departments are required to reach out to individuals depending on where their under-
representation exists. Each racial, ethnic and gender category is separate from the other and
requires departments to participate in outreach to all groups where it has been determined that
low representation exists.
As the County’s EEO Officer, I am responsible for conducting outreach efforts to community based
organizations (cbos). The outreach efforts place an emphasis on attracting under-represented
groups within the County’s workforce through ongoing marketing efforts. It is designed to meet
them at the transaction level and provide County employment information to management teams,
rank and file employees and the agency’s clientele.
Community outreach is an important part of EEO’s strategic plan to help the County reach
underserved populations. Our plan is to create and environment where the County and the
community unite to help eradicate barriers to employment. In order to make this endeavor
successful, we must build stronger relationships with one another. It is important for our
communities to know who the County is and what we have to offer them.
3 The Census Bureau categorizes ethnicity into two categories: Hispanic or Latino OR not Hispanic or Latino. The terms "Hispanic," "Latino," and "Spanish" are used
interchangeably.
4 See Page 9-10 of this report for the definitions of the 8 occupational categories.
5 All institutions receiving federal contracts are obligated by federal law to track gender and race data for all candidates submitting applications for employment to the
business. By law, the information cannot be a component of the employment determination, nor can it be used for consideration.
6
Outreach is specific to organizations whose clientele consists of veterans, women, disabled, re -
entry, low income, faith-based, Hispanics, Blacks, Asians, and the homeless. From July 1, 2018
through June 30, 2019, EEO conducted nearly 400 outreach and recruitment efforts, which
included meetings, teleconferences, job fairs and seminars with agency staff and/or clients from
organizations listed below.
Organization Contacts Outreach Efforts
ANKA Behavioral Health Kimberly Sayer 7
Asian Pacific Environmental
Network Puja Duhal 8
Bay Area Peacekeepers Gonzalo Rucobo 7
Bay Area Rescue Mission Jonathan Russell 7
Beat the Streets, Inc. Tracey Tate-Jones 15
Community Housing
Development Janine Shaheed 19
Contra Costa Food Bank
Caitlin Sly
Larry Sly 21
Contra Costa Interfaith
Housing Deane Pearn 5
Del Valley Education Center Daryl Coachman 5
Department of Rehabilitation Erica Watkins 7
Employment &
Homelessness Tara Cantu 3
Futures Explored Jenny McKeon 9
Concord Goodwill Jerry Jones 14
Eastbay Goodwill Cynthia Hodges 61
Contra Costa County Reentry
Network / Health Right 360 Edina Rahmanovic 2
Lao Family Community
Development Brad Meyer 18
Latina Center
Miriam Wong
Gloria Alvarez 3
7
Los Medanos College
Prof. Sylvester Henderson
Rachel Anicetti 3
Men and Women of Purpose Antwoin Cloird 7
Men and Women of Valor Pamela Saucer-Bilbo 8
Monument Impact Elba Velasquez 16
New Life Church
Family Worship Center Mark Hernandez 3
Opportunity Junction Shannel Arce 8
Reach Project, Inc. Mickie Marchetti 2
Richmond Emergency
Food Pantry Patricia Davidson 2
Rubicon Tracey Rodarte Young 28
Salvation Army Cynthia Hodges 2
San Pablo Economic
Development Corp. Leslie Choy 16
Shelter Inc. Lindsey Drolette 20
Shepherds Gate Taryn Schuck/Mary Norcross 20
St. Vincent de Paul Melanie Benitez 2
Stand! For Families Angela Sanchez 8
Trends Narda Mamou 5
Victory Outreach Richmond Curtis Royster 5
8
FY 2018- 2019 OUTREACH PLAN
The County relies on each department to outreach to its under-represented groups within the
workforce to diversify our applicant flow. Applicant flow helps to measure how fair and inclusive
our outreach programs are and if past outreach practices were proactive, strategic, and effective.
It also assists the County in removing barriers. The County’s applicant flow pipeline is broken
into 5 categories listed below. For FY 17-18, The County received 26,822 applications whereas
in FY 18-19, the County received 29,415 applications. Tables 1 and 2 indicate where the applicant
heard about the job opportunity.
OUTREACH DISTRIBUTION
TABLE 1
FY 17-18
TABLE 2
FY 18-19
58%
34%
5%
1%1%
HR Website 58%
CBO's 34%
Advertisement 5%
Job Hotline 1%
Walk-In 1%
57%
35%
5%
1%1%
HR Careers Website 57%
CBO's 35%
Advertisements 5%
Job Hotline 1%
Walk-in 1%
9
Tables 1 and 2 illustrate the County’s outreach and recruitment efforts over the last two fiscal
years. The tables show that the County’s community based outreach increased our applicant flow
by 1% during the relevant time. Outreach by advertisements remained steady at 5%.
The number of applicants who self-identified their gender, race and/or ethnicity for FY17-18 was
26,822. The number of applicants who self-identified their gender, race and/or ethnicity for FY18-
19 was 27,706. The gender and racial/ethnicity makeup for applications received are listed below:
TABLE 3
APPLICANT FLOW
Table 3 illustrates the applicant flow by gender and race that reveals the following:
The participation of males who submitted applications decreased from 40% in FY17-18 to
39% in FY18-19.
The participation of females who submitted applications increased from 57% in FY17-18
to 61% in FY18-19.
The participation of whites who submitted applications remained steady at 30%.
The participation of blacks who submitted applications increased from 21% in FY17-18 to
22% in FY18-19.
The participation of Hispanics who submitted applications increased from 20% in FY 17-
18 to 21% in FY 18-19.
40%
57%
30%
21%20%
15%
2%1%
7%
39%
61%
30%
22%21%
15%
2%3%5%
2%
0%
10%
20%
30%
40%
50%
60%
70%
Males Females White Black Hispanic Asian NHPI AIAN 2 or more
races
unknown
FY 17-18 FY 18-19
10
The participation of Native Hawaiian/Pacific Islanders (NHPI) who submitted applications
remained steady at 2%.
The participation of American Indian/Alaskan Native (AIAN) increased from 1% in FY17-
18 to 3% in FY 18-19.
The participation of those who identified as two or more races decreased from 7% in
FY17-18 to 5% in FY 18-19.
NEW HIRE DATA BY GENDER
FY 17-18 AND FY 18-19
TABLE 4
The percentages of males who were hired increased from 31% in FY 17-18 to 33% in FY
18-19.
The percentages of females who were hired decreased from 69% for FY17-18 to 67% in
FY18-19.
Male Female
FY 17-18 31%69%
FY 18-19 33%67%
31%
69%
33%
67%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
FY 17-18
FY 18-19
11
CONTRA COSTA COUNTY NEW HIRE DATA
BY RACE
FY 17-18 AND FY 18-19
TABLE 5
Table 5 illustrates the percentages of people hired during FY 17-18 and FY 18-19 based on
race/ethnicity. The statistical analysis is listed below:
The hiring of Whites decreased from 36% in FY 17-18 to 33% in FY 18-19.
The hiring of Blacks decreased from 19% in FY 17-18 to 15% in FY 18-19.
The hiring of Hispanics decreased from 26% in FY 17-18 to 20% in FY 18-19.
The hiring of Asians increased from 16% in FY 17-18 to 17% in FY 18-19.
The hiring of AIAN increased from 0% in FY 17-18 to 1% in FY 18-19.
The hiring of NHPI increased from 1% in FY 17-18 to 2% in FY 18-19.
The hiring of 2 or more races decreased from 2% in FY 17-18 to 0% in FY 18-19.
These trends continue to stress the importance for the County to continue its outreach efforts.
EEO is committed to increasing the participation rates of qualified under-represented groups in
our applicant pool. The areas of opportunities and improvement are:
Continue working with CCTV to establish a social media page.
Conducting more outreach to professional organizations, universities, community colleges
and faith based organizations to increase participation in the County’s hiring process.
36%
19%
26%
16%
0%1%2%
0%
33%
15%
20%
17%
1%2%
0%
12%
0%
5%
10%
15%
20%
25%
30%
35%
40%
Whites Blacks Hispanics Asian AIAN NHPI 2 or more
races
unknown
FY 17-18 FY 18-19
12
Create additional marketing tools such as brochures and power point p resentations, which
are designed to reach under-represented groups.
Continue providing additional training to the departmental EEO Coordinators to help them
to become more knowledgeable about targeted outreach, determining under-
representation, and creating more effective outreach plans to assist in the recruitment
process.
Meeting with cbos to determine their needs and address them during presentations.
CONCLUSION
The data presented in this report provides the County stakeholders, managers, employees and
the public detailed information regarding the County’s outreach and recruitment efforts. Although
we have made strides towards achieving workforce equity, there are areas that still need to be
addressed. One area of note is the equitable distribution of jobs.
It is important that we continue to promote and enforce equal employment opportunities for all
who apply for vacant positions. EEO and the departments will continue to work with cbos,
colleges, universities and professional organizations to a ttract qualified candidates to help the
County attain equity and inclusion within our workforce.
13
CONTRA COSTA COUNTY
The Office of EEO analyzed the workforce underrepresentation within Contra Costa County as of
December 31, 2018. EEO compared the overall County workforce statistical data from December
31, 2018 to help determine the effectiveness of the County’s outreach program. The job
occupational categories and definitions are listed below.
Officials and Administrators: Occupations in which employees set broad policies, exercise
overall responsibility for execution of these policies, or direct individual departments or
special phases of the agency's operations, or provide specialized consultation on a regional,
district or area basis such as Department Heads.
Professionals: Occupations which require specialized and theoretical knowledge which is
usually acquired through college training or through work experience and other training
which provides comparable knowledge such as HR professionals, accountants, and
attorneys.
Technicians: Occupations which require a combination of basic scientific or technical
knowledge and manual skill which can be obtained through specialized post -secondary
school education or through equivalent on -the-job training. They include jobs such as
laboratory analysts and civil engineering assistants.
Administrative Support: Occupations in which workers are responsible for internal and
external communications, recording, and retrieval of data and/or information and other
paperwork required in an office such as secretaries, administrative office assistants, and
police clerks.
Service-Maintenance: Occupations in which workers perform duties that result in or
contribute to the comfort, convenience, hygiene or safety of the general public such as
maintenance workers and custodians.
Skilled Crafts: Occupations in which workers perform jobs which require special manual
skill and a thorough and comprehensive knowledge of the processes involved such as
electricians and tree trimmers.
Protective Service Workers (Sworn): Occupations in which workers are entrusted with
public safety, security and protection from destructive forces.
Protective Service Workers (Non-Sworn): Occupations that perform technical and support
work in safety or law enforcement work, which does not require a sworn person. Examples
include community service officers and animal control officers.
14
CONTRA COSTA COUNTY
2018 OUTREACH AND RECRUITMENT DATA
9089 EMPLOYEES
GENDER
Demographics
By Gender
Total
Department
Workforce6
Male
(%)
Female
(%)
Census Data by
Job Category
Officials and Administrators
County Workforce 332 34 66 X
Census Data X 58 42 82,930
Underrepresentation X -24 X X
Professionals
County Workforce 3323 30 70 X
Census Data X 46 54 108,045
Underrepresentation X -16 X X
Technicians
County Workforce 947 43 57 X
Census Data X 51 49 13,265
Underrepresentation X -8 X X
Administrative Support
County Workforce 3050 15 85 X
Census Data X 38 62 141,985
Underrepresentation X -23 X X
Service Maintenance
County Workforce 349 67 33 X
Census Data X 58 42 122,730
Underrepresentation X X -9 X
Skilled Craft
County Workforce 67 99 1 X
Census Data X 95 5 41,025
Underrepresentation X X -4 X
Protective Services (Sworn)
County Workforce 784 81 19 X
Census Data X 82 18 9,480
Underrepresentation X -1 X X
Protective Services (Non-Sworn)
County Workforce 237 62 38 X
Census Data X 54 46 810
Underrepresentation X X -8 X
6 The total number of people who had worked for the County at least one day during the 2018 calendar year.
15
CONTRA COSTA COUNTY
2018 OUTREACH AND RECRUITMENT DATA
9089 EMPLOYEES
RACES AND ETHNICITY
Demographics by
Race and Ethnicity7
White
(%)
Black
(%)
Hispanic
(%)
Asian
(%)
Native
Hawaiian/
Pacific
Islander
(%)
American
Indian/
Alaska
Native
(%)
Two or
More
Races
(%)
Officials and Administrators
County Workforce 62 15 9 7 1 1 6
Census Data 66 7 10 14 1 0 2
Underrepresentation -4 X -1 -7 0 X X
Professionals
County Workforce 46 14 14 16 1 0 10
Census Data 60 7 9 21 0 0 2
Underrepresentation -14 X X -5 X X X
Technicians
County Workforce 40 15 19 16 1 1 8
Census Data 51 7 10 27 0 1 2
Underrepresentation -11 X X -11 X X X
Administrative Support
County Workforce 37 19 28 9 1 1 5
Census Data 53 10 19 15 1 0 2
Underrepresentation -16 X X -6 0 X X
Service Maintenance
County Workforce 30 18 34 13 1 1 3
Census Data 33 10 42 12 0 0 1
Underrepresentation -3 X -8 X X X X
Skilled Craft
County Workforce 61 7 16 9 0 3 3
Census Data 49 6 35 7 1 0 1
Underrepresentation X X -19 X -1 X X
Protective Services (Sworn)
County Workforce 62 11 17 4 1 0 5
Census Data 53 15 15 10 3 0 3
Underrepresentation X -4 X -6 -2 X X
Protective Services (Non-Sworn)
County Workforce 42 26 24 3 1 1 2
Census Data 65 1 22 8 0 0 5
Underrepresentation -23 X X -5 X X -3
7 The Census Bureau categorizes ethnicity into two categories: Hispanic or Latino OR not Hispanic or Latino. The terms "Hispanic," "Latino," and "Spanish" are used
interchangeably. Some respondents identify with all three terms while others may identify with only one of these three specific ter ms. Hispanics or Latinos who identify with the
terms "Hispanic," "Latino," or "Spanish" are those who classify themselves in one of the specific Hispanic, Latino, or Spanish categories as Mexican, Puerto Rican, or Cuban. People
who do not identify with one of the specific origins listed indicate that they are "another Hispanic, Latino, or Spanish origin" are those whose origins are from Spain, the Spanish-
speaking countries of Central or South America, or the Dominican Republic.
16
AGRICULTURE/WEIGHTS & MEASURES
The Office of EEO analyzed the workforce underrepresentation within each department as of
December 31, 2018. EEO compared the department’s workforce statistical data from December
31, 2018 to help determine the effectiveness of the County’s outreach program. The job
occupational categories and definitions are listed below.
Officials and Administrators: Occupations in which employees set broad policies, exercise
overall responsibility for execution of these policies, or direct individual departments or
special phases of the agency's operations, or provide specialized consulta tion on a regional,
district or area basis such as Department Heads.
Professionals: Occupations which require specialized and theoretical knowledge which is
usually acquired through college training or through work experience and other training
which provides comparable knowledge such as HR professionals, accountants, and
attorneys.
Technicians: Occupations which require a combination of basic scientific or technical
knowledge and manual skill which can be obtained through specialized post -secondary
school education or through equivalent on -the-job training. They include jobs such as
laboratory analysts and civil engineering assistants.
Administrative Support: Occupations in which workers are responsible for internal and
external communications, recording, and retrieval of data and/or information and other
paperwork required in an office such as secretaries, administrative office assistants, and
police clerks.
Service-Maintenance: Occupations in which workers perform duties that result in or
contribute to the comfort, convenience, hygiene or safety of the general public such as
maintenance workers and custodians.
17
AGRICULTURE/WEIGHTS & MEASURES
2018 OUTREACH AND RECRUITMENT DATA
42 EMPLOYEES
GENDER
Demographics
By Gender
Total Department
Workforce8
Male
(%)
Female
(%)
Census Data by
Job Category
Officials and Administrators
County Workforce 2 100 0 X
Census Data X 58 42 82,930
Underrepresentation X X -42 X
Professionals
County Workforce 8 50 50 X
Census Data X 46 54 108,045
Underrepresentation X X -4 X
Technicians
County Workforce 13 85 15 X
Census Data X 51 49 13,265
Underrepresentation X X -34 X
Administrative Support
County Workforce 3 0 100 X
Census Data X 38 62 141,985
Underrepresentation X -38 X X
Service Maintenance
County Workforce 16 56 44 X
Census Data X 58 42 122,730
Underrepresentation X -2 X X
8 The total number of people who had worked for the County at least one day during the 2018 calendar year.
18
AGRICULTURE/WEIGHTS & MEASURES
2018 OUTREACH AND RECRUITMENT DATA
42 EMPLOYEES
RACE AND ETHNICITY
Demographics by
Race and Ethnicity9
White
(%)
Black
(%)
Hispanic
(%)
Asian
(%)
Native
Hawaiian/
Pacific
Islander
(%)
American
Indian/
Alaska
Native
(%)
Two or
more
Races
(%)
Officials and Administrators
County Workforce 100 0 0 0 0 0 0
Census Data 66 7 10 14 1 0 2
Underrepresentation X -7 -10 -14 -1 X -2
Professionals
County Workforce 87 0 13 0 0 0 0
Census Data 60 7 9 21 0 0 2
Underrepresentation X -7 X -21 X X -2
Technicians
County Workforce 46 15 23 8 0 0 8
Census Data 51 7 10 27 0 1 2
Underrepresentation -5 X X -19 0 -1 X
Administrative Support
County Workforce 67 0 0 0 0 33 0
Census Data 53 10 19 15 1 0 2
Underrepresentation X -10 -19 -15 -1 X -2
Service Maintenance
County Workforce 56 0 19 13 0 6 6
Census Data 33 10 42 12 0 0 1
Underrepresentation X -10 -23 X X X X
9 The Census Bureau categorizes ethnicity into two categories: Hispanic or Latino OR not Hispanic or Latino. The terms "Hispanic," "Latino," and "Spanish" are used
interchangeably. Some respondents identify with all three terms while others may identify with only one of these three specif ic terms. Hispanics or Latinos who identify with the
terms "Hispanic," "Latino," or "Spanish" are those who classify themselves in one of the specific Hispanic, Latino, or Spanis h categories as Mexican, Puerto Rican, or Cuban. People
who do not identify with one of the specific origins listed indicate that they are "another Hispanic, Latino, or Spanish origin" are those whose origins are from Spain, the Spanish-
speaking countries of Central or South America, or the Dominican Republic.
19
CONTRA COSTA COUNTY
AGRICULTURE / WEIGHTS AND MEASURES
OUTREACH AND RECRUITMENT PLAN
FY 2019-2020
Issue: The Board of Supervisors remains committed to maintaining a diverse and
inclusive workforce which is reflective of the communities that we serve. As of
December 31, 2018, the County’s workforce statistical data indicate the following:
Females are underrepresented in Officials and Administrators,
Professionals, and Technicians positions
Males are underrepresented in Administrative Support positions
Whites are underrepresented in Technicians positions
Blacks are underrepresented in Officials and Administrators, Professionals,
Administrative Support, and Service Maintenance positions
Hispanics are underrepresented in Officials and Administrators,
Administrative Support, and Service Maintenance positions
Asians are underrepresented in Officials and Administrators, Professionals,
Technicians, and Administrative Support positions
We can only hire people licensed to do work in the majority of the positions in our
department. All of our technicians (Biologists and Weights and Measures
Inspectors), professionals, and officials and administrators require specific state
licensing. When we are recruiting for our Biologists, Inspectors and supervisors,
job announcements are sent to every qualified and licensed individual, which
ensures that we are reaching the broadest qualified candidate pool possible. We
get this list from the California Department of Food and Agriculture County Liaison
office every time we have an opening. For job positions where state licensing is
not required we will do more outreach in the community.
.
Objective: Increase the applicant flow of underrepresented groups within our workforce by
conducting specific outreach and recruitment efforts to candidates who meet the
minimum qualifications by encouraging them to apply for the vacant positions
within the Agriculture / Weights and Measures Department .
20
Message: The Agriculture / Weights and Measures Department will target outreach efforts to
online websites that serve underrepresented groups. We will electronically send
these organizations open vacancies within the department during the fiscal year.
This proactive measure will help to create a more diverse applicant pool of
qualified candidates to apply for departmental vacancies.
Tools: The Agriculture department will disseminate information to the general public
through our website as well as local community colleges and universities to get
more people aware of what the Agriculture department does and what they need
to do to be qualified to apply to the department. We will continue to utilize
websites geared towards helping underrepresented people find employment when
possible. When hiring for our licensed positions, the department gets a list of all
licensees and ensures that everyone who is qualified receives notification of the
job opening and how to apply.
Message Distribution
STRATEGY
ELEMENT
TASKS
Research employment
websites and register to join
the online community.
Internet/Computer Register with websites such
as womenforhire.com
Increase awareness about
the different positions in our
department and what the job
qualifications for those
positions are and how to get
those qualifications.
Internet/Computer Keep information updated for
job qualifications, job
descriptions, and licensing
information to our
department’s website.
Target all underrepresented
that possess a state
inspector/biologist license,
weights and measures
inspector license, and
supervisory licensing.
Personal contact Mail or email all job
announcements to all
qualified individuals in order
to expand the opportunity for
qualified females.
Network with local
Community Colleges and
Universities to increase the
applicant pool and explain
the Department of
Agriculture and Weights
recruitment mission and
goals.
Personal
contact/publications
Develop content that
highlights what the
department does and the
employment opportunities.
Contact: Ralph Fonseca, Agricultural Biologist/Weights and Measures Inspector III
ralph.fonseca@ag.cccounty.us
21
ANIMAL SERVICES
The Office of EEO analyzed the workforce underrepresentation within each department as of
December 31, 2018. EEO compared the department’s workforce statistical data from December
31, 2018 to help determine the effectiveness of the County’s outreach program. The job
occupational categories and definitions are listed below.
Officials and Administrators: Occupations in which employees set broad policies, exercise
overall responsibility for execution of these policies, or direct individual departments or
special phases of the agency's operations, or provide specialized consultation on a regional,
district or area basis such as Department Heads.
Professionals: Occupations which require specialized and theoretical knowledge which is
usually acquired through college training or through work experience and other training
which provides comparable knowledge such as HR professionals, accountants, and
attorneys.
Technicians: Occupations which require a combination of basic scientific or technical
knowledge and manual skill which can be obtained through specialized post -secondary
school education or through equivalent on -the-job training. They include jobs such as
laboratory analysts and civil engineering assistants.
Administrative Support: Occupations in which workers are responsible for internal and
external communications, recording, and retrieval of data and/or information and other
paperwork required in an office such as secretaries, administrative office assistants, and
police clerks.
Service-Maintenance: Occupations in which workers perform duties that result in or
contribute to the comfort, convenience, hygiene or safety of the general public such as
maintenance workers and custodians.
22
ANIMAL SERVICES
2018 OUTREACH AND RECRUITMENT DATA
69 EMPLOYEES
GENDER
Demographics
By Gender
Total
Department
Workforce10
Male (%) Female (%)
Working-Age
Population by
Job Category
Officials and Administrators
County Workforce 2 50 50 X
Working-Age X 58 42 82,930
Underrepresentation X -8 X X
Professionals
County Workforce 7 86 14 X
Working-Age X 46 54 108,045
Underrepresentation X X -40 X
Technicians
County Workforce 29 44 56 X
Working-Age X 51 49 13,265
Underrepresentation X -7 X X
Administrative Support
County Workforce 18 6 94 X
Working-Age X 38 62 141,985
Underrepresentation X -32 X X
Service Maintenance
County Workforce 13 54 46 X
Working-Age X 58 42 122,730
Underrepresentation X -4 X X
10 The total number of people who had worked for the County at least one day during the 2018 calendar year.
23
ANIMAL SERVICES
2018 OUTREACH AND RECRUITMENT DATA
69 EMPLOYEES
RACE AND ETHNICITY
Demographics by
Race and Ethnicity11
White
(%)
Black
(%)
Hispanic
(%)
Asian
(%)
Native
Hawaiian/
Pacific
Islander
(%)
American
Indian/
Alaska
Native
(%)
2 or more
Races
(%)
Officials and Administrators
County Workforce 50 0 50 0 0 0 0
Working-Age
Population
66 7 10 14 1 0 2
Underrepresentation -16 -7 X -14 -1 X -2
Professionals
County Workforce 71 0 29 0 0 0 0
Working-Age
Population
60 7 9 21 0 0 2
Underrepresentation X -7 X -21 X X -2
Technicians
County Workforce 63 3 24 3 7 0 0
Working-Age
Population
51 7 10 27 0 1 2
Underrepresentation X -4 X -24 X -1 -2
Administrative Support
County Workforce 50 6 28
6 5 0 5
Working-Age
Population
53 10 19 15 1 0 2
Underrepresentation -3 -4 X -9 X X X
Service Maintenance
County Workforce 38 8 31 15 0 8 0
Working-Age
Population
33 10 42 12 0 0 1
Underrepresentation X -2 -11 X X X -1
11 The Census Bureau categorizes ethnicity into two categories: Hispanic or Latino OR not Hispanic or Latino. The terms "Hispani c," "Latino," and "Spanish" are used
interchangeably. Some respondents identify with all three terms while others may identify with only one of these three specific terms. Hispanics or Latinos who identify with the
terms "Hispanic," "Latino," or "Spanish" are those who classify themselves in one of the specific Hispanic, Latino, or Spanish categories as Mexican, Puerto Rican, or Cuban. People
who do not identify with one of the specific origins listed indicate that they are "another Hispanic, Latino, or Spanish origin" are those whose origins are from Spain, the Spanish-
speaking countries of Central or South America, or the Dominican Republic.
24
CONTRA COSTA COUNTY
ANIMAL SERVICES
EQUAL EMPLOYMENT OPPORTNUITY
OUTREACH AND RECRUITMENT PLAN
FY 2019/20
Issue: The Board of Supervisors remains committed to maintaining a diverse and
inclusive workforce which is reflective of the communities that we serve. As of
December 31, 2018, the County’s workforce statistical data indicate the following:
Females are underrepresented in Officials and Administrators positions.
Males are underrepresented in Officials and Administrator, Technical and
Administrative Support positions.
Whites are underrepresented in Officials and Administrators positions.
Blacks are underrepresented in Officials and Administrators and
Professionals positions.
Hispanics are underrepresented in Service Maintenance positions.
Asians are underrepresented in Officials and Administrators, Professionals,
Technical, and Administrative Support positions
Objective: Increase outreach to the local minority workforce population, specifically for under-
represented areas within the Animal Service Department (ASD) divisions. The
ASD will continue to create positive and sustainable partnerships with the local
Community College District and Community Based Organizations (CBOs) to
ensure that the department informs the community on department vacancies.
Message: The ASD will become an active partner in the community by establishing strong
relationships with County and community vocational programs on all department
career opportunities. The Department strives to continue to outreach and engage
with the local community to enhance and promote a diversified workforce.
Tools: Continually update Animal Services website.
Utilize Animal Services Social Media websites.
Attend and participate in local job and community events.
25
Distribute department brochures and literature.
Message Distribution
STRATEGY
ELEMENT
TASKS
Participate in community
events and job fairs.
Outreach &
Engagement
ASD will continue to participate in local
community events that target underserved
populations.
Community Events:
Bark in the Park, Brentwood CA
Safety Fairs, County Wide
Road Runner Run Club, Pleasant Hill
CA
Veteran’s Stand Down, Antioch CA
Project Homeless Connect
and other scheduled community events
posted on the Department’s website
Job Fairs:
Contra Costa County Workforce
Development Board Job Fairs
Local Police Academies
Establish competitive
salaries for Animal Services
Field Operations unit.
Economic The Animal Services Department (ASD) has
implemented recruitment locations to increase
job announcement views to increase applicant
pools. ASD established an external
competitive salary study for our Animal
Services classifications in 2017 to increase the
department’s recruitment and staff retention.
Distribute brochures and
employment opportunities
for outreach and
recruitment to minorities.
Recruitment The Animal Services Department (ASD) will
continue to collaborate with local community
based organizations and agencies on
employment recruitments. ASD has
continuously promoted employment
opportunities to these organizations.
26
Community Based Organizations:
Workforce Development Board: East
Bay Works
Opportunity Junction, Antioch CA
Contra Costa Community College
District
Register and post Animal
Services Department
vacancies online, to reach a
broad section of minorities
Electronic Animal Services has also expanded its
employment recruitment efforts through social
media:
Facebook
Twitter
LinkedIn
Register and post vacancies on large job
recruitment websites through the Contra Costa
Human Resources Department:
Indeed.com
Monster.com
Glassdoor.com
Contact: Arturo Castillo. Administrative Services Officer
arturo.castillo@asd.cccounty.us
27
ASSESSOR
The Office of EEO analyzed the workforce underrepresentation within each department as of
December 31, 2018. EEO compared the department’s workforce statistical data from December
31, 2018 to help determine the effectiveness of the County’s outreach program. The job
occupational categories and definitions are listed below.
Officials and Administrators: Occupations in which employees set broad policies, exercise
overall responsibility for execution of these policies, or direct individual departments or
special phases of the agency's operations, or provide specialized consultation on a regional,
district or area basis such as Department Heads.
Professionals: Occupations which require specialized and theoretical knowledge which is
usually acquired through college training or through work experience and other training
which provides comparable knowledge such as HR professionals, accountants, and
attorneys.
Technicians: Occupations which require a combination of basic scientific or technical
knowledge and manual skill which can be obtained through specialized post -secondary
school education or through equivalent on -the-job training. They include jobs such as
laboratory analysts and civil engineering assistants.
Administrative Support: Occupations in which workers are responsible for internal and
external communications, recording, and retrieval of data and/or information and other
paperwork required in an office such as secretaries, administrative office assistants, and
police clerks.
28
ASSESSOR
2018 OUTREACH AND RECRUITMENT DATA
100 EMPLOYEES
GENDER
Demographics
By Gender
Total
Department
Workforce12
Male
(%)
Female
(%)
Working-Age
Population
by Job
Category
Officials and Administrators
County Workforce 3 33 67 X
Working-Age
Population
X 58 42 82,930
Underrepresentation X -25 25 X
Professionals
County Workforce 49 53 47 X
Working-Age
Population
X 46 54 108,045
Underrepresentation X X -7 X
Technicians
County Workforce 6 33 67 X
Working-Age
Population
X 51 49 13,265
Underrepresentation X -18 X X
Administrative Support
County Workforce 42 7 93 X
Working-Age
Population
X 38 62 141,985
Underrepresentation X -31 X X
12 The total number of people who had worked for the County at least one day during the 2018 calendar year.
29
ASSESSOR
2018 OUTREACH AND RECRUITMENT DATA
100 EMPLOYEES
RACE AND ETHNICITY
Demographics by
Race and Ethnicity13
White
(%)
Black
(%)
Hispanic
(%)
Asian
(%)
Native
Hawaiian/
Pacific
Islander
(%)
American
Indian/
Alaska
Native
(%)
2 or
More
Races
(%)
Officials and Administrators
County Workforce
Administrators
67 0 0 0 0 0 33
Working-Age
Population
66 7 10 14 1 0 2
Underrepresentation X -7 -10 -14 X X X
Professionals
County Workforce 70 2 4 6 0 2 16
Working-Age
Population
60 7 9 21 0 0 2
Underrepresentation X X X -15 X X X
Technicians
County Workforce 33 17 0 50 0 0 0
Working-Age
Population
51 7 10 27 0 1 2
Underrepresentation -18 X -10 X 0 X X
Administrative Support
County Workforce
Support
57 14 12
12 0 0 5
Working-Age
Population
53 10 19 15 1 0 2
Underrepresentation X X -7 X X X X
13 The Census Bureau categorizes ethnicity into two categories: Hispanic or Latino OR not Hispanic or Latino. The terms "Hispanic," "Latino," and "Spanish" are used
interchangeably. Some respondents identify with all three terms while others may identify with only one of these three specif ic terms. Hispanics or Latinos who identify with the
terms "Hispanic," "Latino," or "Spanish" are those who classify themselves in one of the specific Hispanic, Latino, or Spanis h categories as Mexican, Puerto Rican, or Cuban. People
who do not identify with one of the specific origins listed indicate that they are "another Hispanic, Latino, or Spanish origin" are those whose origins are from Spain, the Spanish-
speaking countries of Central or South America, or the Dominican Republic.
30
CONTRA COSTA COUNTY
OFFICE OF THE ASSESSOR
OUTREACH AND RECRUITMENT PLAN
FY 2019-2020
Issue: The Board of Supervisors remains committed to maintain a diverse and inclusive
workforce which is reflective of the communities that we serve. As of December
31, 2018, the Office of the Assessor’s workforce statistical data indicate the
following:
Males are underrepresented in Official and Administrator, Technician and
Administrative Support positions;
Females are underrepresented in Professional positions;
Blacks, Hispanics, and Asians are underrepresented in Official and
Administrator positions;
Asians are underrepresented in Professional positions;
Hispanics and Whites are underrepresented in Technician positions; and
Hispanics are underrepresented in Administrative Support positions.
Objective: Increase the applicant flow of underrepresented groups within our workforce by
conducting specific outreach and recruitment efforts to Community Based
Organizations, Professional Groups and online recruitment sites who serve the
populations listed above.
Message: The Office of the Assessor will conduct strategic outreach efforts to
community/faith based organizations, professional groups and online websites that
serve those populations where we have underrepresentation. We will
electronically send these organizations all open vacancies within the department
during the fiscal year. This proactive measure will help to create a more diverse
applicant pool of qualified candidates to apply for departmental vacancies.
31
Tools: Community based organizations to reach out to men and women
Local colleges and universities
Distribute to various applicable professional groups
Post job vacancies on websites and job centers
Message Distribution
STRATEGY
ELEMENT
TASKS
Partner with community
based organizations to
reach out to males and
females to apply for
Technical and Administrative
Support positions within our
workforce
Personal Contact Connect with:
Men and Women of
Purpose
Shelter, Inc.
East Bay Goodwill
Register to join the online
community
Electronic Publication Register with websites such
as womenforhire.com
www.wib-i-com and
careerwomen.com to reach
women who are interested in
Professional positions
Utilize job search websites
to reach a broader pool of
applicants interested in
employment in the public
sector.
Electronic Publication Post job vacancies on
glassdoor.com, indeed.com,
bayareajobfinder.com;
and/or governmentjobs.com
Utilize online networks to
reach the Hispanic, Asian,
and Black communities
Electronic Publication Post job vacancies on the
Professional Diversity
Network
Coordinate with Hispanic,
Asian, and Black
organizations to reach those
interested in Officials and
Administration, Professional,
and Technician positions at
the Assessor’s Office
Personal Contact Connect with:
Hispanic Chamber of
Commerce
Lao Family Community
Development
East County NAACP
Connect with California
Community Colleges and
Adult Schools
Electronic Publication Reach out to local colleges
(such as DVC, Los
Medanos, Cal State East
Bay, and Contra Costa
College, Contra Costa Adult
Education) to post job
vacancies
Work with subject matter
experts to connect with
professional groups in order
Electronic Publication Distribute announcements to
applicable professional
groups (such as California
32
to reach individuals
interested in Official and
Administrator, Technician,
and Professional positions
State Association of
Counties and California
Assessors’ Association) and
distribute to other County
Assessor’s Offices in the
State.
Utilize community job
centers and resources
Publication/Print Post job openings at
Workforce Development
Board East Bay Works One-
Stop Career Center
locations
Contact: Danielle Gomez – Administrative Services Assistant II
danielle.gomez@assr.cccounty.us
33
AUDITOR-CONTROLLER
The Office of EEO analyzed the workforce underrepresentation within each department as of
December 31, 2018. EEO compared the department’s workforce statistical data from December
31, 2018 to help determine the effectiveness of the County’s outreach program. The job
occupational categories and definitions are listed below.
Officials and Administrators: Occupations in which employees set broad policies, exercise
overall responsibility for execution of these policies, or direct individual departments or
special phases of the agency's operations, or provide specialized consultation on a regional,
district or area basis such as Department Heads.
Professionals: Occupations, which require specialized and theoretical knowledge, which is
usually acquired through college training or through work experience and other training,
which provides comparable knowledge such as HR professionals, accountants, and
attorneys.
Administrative Support: Occupations in which workers are responsible for internal and
external communications, recording, and retrieval of data and/or information and other
paperwork required in an office such as secretaries, administrative office assistants, and
police clerks.
34
AUDITOR – CONTROLLER
2018 OUTREACH AND RECRUITMENT DATA
44 EMPLOYEES
GENDER
Demographics
By Gender
Total
Department
Workforce14
Male
(%)
Female
(%)
Working-Age
Population by
Job Category
Officials and Administrators
County Workforce 1 100 0 X
Working-Age
Population
X 58 42 82,930
Underrepresentation X X -42 X
Professionals
Professionals 26 31 69 X
Working-Age
Population
X 46 54 108,045
Underrepresentation X -15 X X
Administrative Support
Administrative Support 17 12 88 X
Working-Age
Population
X 38 62 141,985
Underrepresentation X -26 X X
14 The total number of people who had worked for the County at least one day during the 2018 calendar year.
35
AUDITOR-CONTROLLER
2018 OUTREACH AND RECRUITMENT DATA
44 EMPLOYEES
RACE AND ETHNICITY
Demographics by Race
and Ethnicity15
White
(%)
Black
(%)
Hispanic
(%)
Asian
(%)
Native
Hawaiian/
Pacific
Islander
(%)
American
Indian
Alaska
Native
(%)
Two or
More Races
(%)
Officials and Administrators
County Workforce 0 0 0 0 0 0 100
Working-Age
Population
66 7 10 14 1 0 2
Underrepresentation -66 -7 -10 -14 -1 X X
Professionals
County Workforce 31 8 15 27 4 0 15
Working-Age
Population
60 7 9 21 0 0 2
Underrepresentation -29 X X X X X X
Administrative Support
County Workforce 29 18 24 6
0 6 18
Working-Age
Population
53 10 19 15 1 0 2
Underrepresentation -24 X X -9 -1 X X
15 The Census Bureau categorizes ethnicity into two categories: Hispanic or Latino OR not Hispanic or Latino. The terms "Hispani c," "Latino," and "Spanish" are used
interchangeably. Some respondents identify with all three terms while others may identify with only one of these three specific terms. Hispanics or Latinos who identify with the
terms "Hispanic," "Latino," or "Spanish" are those who classify themselves in one of the specific Hispanic, Latino, or Spa nish categories as Mexican, Puerto Rican, or Cuban. People
who do not identify with one of the specific origins listed indicate that they are "another Hispanic, Latino, or Spanish origin" are those whose origins are from Spain, the Spanish-
speaking countries of Central or South America, or the Dominican Republic.
36
CONTRA COSTA COUNTY
OFFICE OF THE AUDITOR-CONTROLLER
OUTREACH AND RECRUITMENT PLAN
FY 2019-20
Issue: The Board of Supervisors remains committed to maintain a diverse and inclusive
workforce, which is reflective of the communities that we serve. As of December
31, 2018, the Office of the Auditor-Controller workforce statistical data indicates
the following:
Females are underrepresented in the Officials and Administrators by 42%.
Males are underrepresented in Professional positions by 15%
Males are underrepresented in Administrative Support positions by 26%.
In the Officials and Administrators the underrepresentation is: Whites 66%,
Blacks 7%, Hispanics 10%, and Asians 14%.
Whites are underrepresented in Professional positions by 29%.
Asians are underrepresented in Administrative Support positions by 9% and
Whites are underrepresented by 24%
Objective: Work with Human Resources to increase the applicant flow of underrepresented
groups within our Office by encouraging underrepresented classes to apply for
vacant positions. Help Human Resources create diversified applicant pools to fill
vacancies with the Office through increased outreach.
Message: The Office of the Auditor-Controller will continue to work with the Human
Resources Department to strengthen its outreach efforts. The Auditor-Controller’s
Office is committed to conducting strategic and targeted outreach to meet both the
county and department outreach goals, as determined by the Office of Equal
Employment Opportunity. The Office will continue to conduct strategic outreach
efforts to community based organizations, professional groups, and online
websites that serve those populations where we have underrepresentation.
Tools: Community Organizations such as the Chamber of Commerce
Professional websites such as the California Auditor-Controller’s State
Association, California State Association of Counties (CSAC).
Recruiting websites such as Ziprecruiter, Monster, and Indeed.
Local junior colleges and universities.
37
Message Distribution
STRATEGY
ELEMENT
TASKS
Partner with professional
organizations to reach out to
the underrepresented groups
of the office and apply for
Professional and
Administrative Support
positions within the Office.
Personal Contact Create professional
relationships and partner
with local colleges such as
DVC, Los Medanos, Cal
State East Bay, and local
high schools
Attend job and career fairs
geared towards helping the
underrepresented groups of
the office find employment
both in Professional and
Administrative Support
positions.
Personal Contact Work with Human Resources
to attend at least 2 job and
career fairs during the fiscal
year
Partner with community
based organizations who the
underrepresented groups of
the office and who are
interested in working in
Administrative Support
positions.
Personal Contact Partner with the Office of
EEO to reach our specific
audience
Post job notices to the State
Association of County
Auditor’s website
Publication/Print
Media/Electronic
When notified of job
announcements post to
website
Post job notices to the
California State Association
of Counties (CSAC) website
Publication/Print
Media/Electronic
When notified of job
announcements post to
website
Notify Walnut Creek,
Lafayette, Orinda Chambers
of Commerce and request
they post job
announcements
Publication/Print
Media/Electronic
When notified of job
announcements email
38
Email job vacancies to local
colleges and universities and
to career counselors within
the local college and
university system
Publication/Print
Media/Electronic
When notified of job
announcements email
Implement an Internship
Program
Personal Contract
Develop an internship
program to attract college
students interested in a
career in public
accounting/auditing
Contact: Bob Campbell. Auditor-Controller Contra Costa County
Bob.Campbell@ac.cccounty.us
39
CHILD SUPPORT SERVICES
The Office of EEO analyzed the workforce underrepresentation within each department as of
December 31, 2018. EEO compared the department’s workforce statistical data from December
31, 2018 to help determine the effectiveness of the County’s outreach program. The job
occupational categories and definitions are listed below.
Officials and Administrators: Occupations in which employees set broad policies, exercise
overall responsibility for execution of these policies, or direct individual departments or
special phases of the agency's operations, or provide specialized consultation on a regional,
district or area basis such as Department Heads.
Professionals: Occupations, which require specialized and theoretical knowledge, which is
usually acquired through college training or through work experience and other tra ining,
which provides comparable knowledge such as HR professionals, accountants, and
attorneys.
Technicians: Occupations, which require a combination of basic scientific or technical
knowledge and manual skill, which can be obtained through specialized po st-secondary
school education or through equivalent on -the-job training. They include jobs such as
laboratory analysts and civil engineering assistants.
Administrative Support: Occupations in which workers are responsible for internal and
external communications, recording, and retrieval of data and/or information and other
paperwork required in an office such as secretaries, administrative office assistants, and
police clerks.
40
CHILD SUPPORT SERVICES
2018 OUTREACH AND RECRUITMENT DATA
125 EMPLOYEES
GENDER
Demographics
By Gender
Total
Department
Workforce16
Male
(%)
Female
(%)
Working-Age
Population by
Job Category
Officials and Administrators
County Workforce 3 33 67 X
Working-Age
Population
X 58 42 82,930
Underrepresentation X -25 X X
Professionals
County Workforce 21 24 76 X
Working-Age
Population
X 46 54 108,045
Underrepresentation X -22 X X
Technicians
County Workforce 4 75 25 X
Working-Age
Population
X 51 49 13,265
Underrepresentation X X -24 X
Administrative Support
County Workforce 97 19 81 X
Working-Age
Population
X 38 62 141,985
Underrepresentation X -19 X X
16 The total number of people who had worked for the County at least one day during the 2018 calendar year.
41
CHILD SUPPORT SERVICES
2018 OUTREACH AND RECRUITMENT DATA
125 EMPLOYEES
RACE AND ETHNICITY
Demographics by
Race and Ethnicity17
White
(%)
Black
(%)
Hispanic
(%)
Asian
(%)
Native
Hawaiian/
Pacific
Islander
(%)
American
Indian/
Alaska
Native
(%)
2 or more
Races
(%)
Officials and Administrators
County Workforce 100 0 0 0 0 0 0
Working-Age
Population
66 7 10 14 1 0 2
Underrepresentation X -7 -10 -14 -1 0 -2
Professionals
County Workforce 85 5 5 5 0 0 0
Working-Age
Population
60 7 9 21 0 0 2
Underrepresentation X -2 -4 -16 0 0 -2
Technicians
County Workforce 25 25 25 0 0 0 25
Working-Age
Population
51 7 10 27 0 1 2
Underrepresentation -26 X X -27 0 -1 X
Administrative Support
County Workforce 47 17 24 7 0 0 5
Working-Age
Population
53 10 19 15 1 0 2
Underrepresentation -6 X X -8 -1 0 X
17 The Census Bureau categorizes ethnicity into two categories: Hispanic or Latino OR not Hispanic or Latino. The terms "Hispanic," "Latino," and "Spanish" are used
interchangeably. Some respondents identify with all three terms while others may identify with only one of these three specif ic terms. Hispanics or Latinos who identify with the
terms "Hispanic," "Latino," or "Spanish" are those who classify themselves in one of the specific Hispanic, Latino, or Spanish c ategories as Mexican, Puerto Rican, or Cuban. People
who do not identify with one of the specific origins listed indicate that they are "another Hispanic, Latino, or Spanish origin" are those whose origins are from Spain, the Spanish-
speaking countries of Central or South America, or the Dominican Republic.
42
CHILD SUPPORT SERVICES
OUTREACH AND RECRUITMENT PLAN
FY 2019- FY 2020
Issue: The Board of Supervisors remains committed to maintain a diverse and inclusive
workforce which is reflective of the communities that we serve. As of December
31, 2018, the Department of Child Support Services is under represented in the
following areas:
Males for each job category except the Technicians.
Females in the Technicians job category.
Whites are under-represented in the Technicians job category.
Blacks are under-represented in the Officials and Administrators job
category.
Hispanics are under-represented in the Officials and Administrators job
category.
Asians are under-represented in all job categories.
Objective: Increase the visibility of males within the workforce. Increase the visibility of
females in the Technician workforce. Target Asian, Black, Hispanic, and White
populations in an attempt to mitigate current trends of under representation. The
Department will work to more broadly market and promote job vacancies.
Message: The Department will utilize social media and online resources to reach a broad
candidate pool. The Department will increase the scope of its marketing in the
community in order to create a more diverse applicant pool of qualified candidates.
Outreach
Tools:
YOU TUBE Video
Social Media
Community Outreach
Job Fairs
Digital Bill Board Advertising
43
Message Distribution
Strategy Element Tasks
Use employee testimonial
video and post to the
Department’s webpage
Electronic Media Link the YOU TUBE video of incumbent
employees in the underrepresented
groups, explaining the duties of the open
positions to the County HR webpage job
posting to the Department’s webpage.
Utilize social media to
expand exposure of open job
opportunities
Electronic Media Post link to open job opportunities on the
Department’s Facebook page.
Continually monitor to address potential
candidate feedback
Conduct outreach to local
community groups, targeting
groups specific Asian,
Hispanic and African-
American populations.
Electronic Media Build community partnerships and
provide electronic job postings for
distribution during open recruitment
periods. Will target Shelter, Inc and local
Salvation Army chapter for male and
African-American outreach, Asian
Business League of San Francisco for
Asian outreach, Monument Impact for
Hispanic outreach.
Create brochure which
explains the department of
Child Support Services’
outreach and recruitment
mission and goals
Publication
Print Media
Partner with the County Workforce
Development Board to distribute
brochures to local job fairs and local job
centers
Coordinate digital bill board
advertising with open
recruitments
Advertising Post job opportunities via digital
billboards in Contra Costa County; utilize
marketing materials that specifically
target males of current under-
represented groups.
Contact: Sarah Bunnell, Administrative Services Officer at 925-313-4433
44
CLERK-RECORDER-ELECTIONS
The Office of EEO analyzed the workforce underrepresentation within each department as of
December 31, 2018. EEO compared the department’s workforce statistical data from December
31, 2018 to help determine the effectiveness of the County’s outreach program. The job
occupational categories and definitions are listed below.
Officials and Administrators: Occupations in which employees set broad policies, exercise
overall responsibility for execution of these policies, or direct individual departments or
special phases of the agency's operations, or provide specialized consultation on a regional,
district or area basis such as Department Heads.
Professionals: Occupations, which require specialized and theoretical knowledge, which is
usually acquired through college training or through work experience and other training,
which provides comparable knowledge such as HR professionals, accountants, and
attorneys.
Technicians: Occupations, which require a combination of basic scientific or technical
knowledge and manual skill, which can be obtained through specialized post -secondary
school education or through equivalent on -the-job training. They include jobs such as
laboratory analysts and civil engineering assistants.
Administrative Support: Occupations in which workers are responsible for internal and
external communications, recording, and retrieval of data and/or information and other
paperwork required in an office such as secretaries, administrative office assistants, and
police clerks.
45
CLERK- RECORDER- ELECTIONS
2018 OUTREACH AND RECRUITMENT DATA
98 EMPLOYEES
GENDER
Demographics
By Gender
Total
Department
Workforce18
Male
(%)
Female
(%)
Working-Age
Population by
Job Category
Officials and Administrators
County
Workforce
2 50 50 X
Working-Age
Population
X 58 42 82,930
Underrepresent
ation
X -8 X X
Professionals
County
Workforce
6 17 83 X
Working-Age
Population
X 46 54 108,045
Underrepresent
ation
X -29 X X
Technicians
County
Workforce
4 75 25 X
Working-Age
Population
X 51 49 13,265
Underrepresent
ation
X X -24 X
Administrative Support
County
Workforce
Support
86 31 69 X
Working-Age
Population
X 38 62 141,985
Underrepresent
ation
X -7 X X
18 The total number of people who had worked for the County at least one day during the 2018 calendar year.
46
CLERK RECORDER–ELECTIONS
2018 OUTREACH AND RECRUITMENT DATA
98 EMPLOYEES
RACE AND ETHNICITY
Demographics by
Race and Ethnicity19
White
(%)
Black
(%)
Hispanic
(%)
Asian
(%)
Native
Hawaiian/
Pacific
Islander
(%)
American
Indian/
Alaska
Native
(%)
2 or more
Races
(%)
Officials and Administrators
County Workforce 100 0 0 0 0 0 0
Working-Age 66 7 10 14 1 0 2
Underrepresentation X -7 -10 -14 -1 0 -2
Professionals
County Workforce 83 0 17 0 0 0 0
Working-Age 60 7 9 21 0 0 2
Underrepresentation X -7 X -21 0 0 -2
Technicians
County Workforce 25 0 25 25 0 0 25
Working-Age 51 7 10 27 0 1 2
Underrepresentation -26 -7 X -2 0 -1 X
Administrative Support
County Workforce 44 16 29 5 2 2 2
Working-Age 53 10 19 15 1 0 2
Underrepresentation -9 X X -10 X X 0
19 The Census Bureau categorizes ethnicity into two categories: Hispanic or Latino OR not Hispanic or Latino. The terms "Hispani c," "Latino," and "Spanish" are used
interchangeably. Some respondents identify with all three terms while others may identify with only one of these three specific terms. Hispanics or Latinos who identify with the
terms "Hispanic," "Latino," or "Spanish" are those who classify themselves in one of the specific Hispanic, Latino, or Spanis h categories as Mexican, Puerto Rican, or Cuban. People
who do not identify with one of the specific origins listed indicate that they are "another Hispanic, Latino, or Spanish origin" are those whose origins are from Spain, the Spanish-
speaking countries of Central or South America, or the Dominican Republic.
47
CONTRA COSTA COUNTY
CLERK-RECORDER-ELECTIONS DEPARTMENT
OUTREACH AND RECRUITMENT PLAN
FY 2019-2020
Issue: The Clerk-Recorder-Elections Department remains committed to maintaining a
diverse and inclusive workforce reflective of the communities we serve. As of
December 31, 2018, the County’s workforce statistical data indicate the following
for the Clerk-Recorder-Elections Department:
Males are underrepresented in Officials and Administrators, Professionals,
and Administrative Support positions;
Females are underrepresented in Technical positions;
Whites are underrepresented in Technical and Administrative Support
positions;
Blacks are underrepresented in Officials and Administrators, Professionals,
and Technical positions;
Hispanics are underrepresented in Officials and Administrators positions;
Asians are underrepresented in Officials and Administrators, Professionals,
and Administrative Support positions.
Objective: Increase the applicant flow of underrepresented groups within our workforce by
conducting specific outreach and recruitment efforts to Community/Faith Based
Organizations, professional groups, and online recruitment sites who serve the
populations listed above.
Message: On behalf of the Clerk-Recorder-Elections Department, the Human Resources unit
will conduct strategic outreach efforts to community/faith based organizations,
professional groups, and online websites that serve those populations where we
may be underrepresented. These organizations will be provided information about
open vacancies within the department. This proactive measure will help to create
a more diverse applicant pool of qualified candidates to apply for departmental
vacancies.
48
Tools: Community/faith based organizations
Local job fairs and career days
Local colleges and universities
Websites geared towards helping men and women find employment
Create and distribute informational brochures
Message Distribution
STRATEGY
ELEMENT
TASKS
Partner with professional
organizations to reach out to
males and females to apply
for Officials and
Administrators, Professional,
Technical, and Admin.
Support positions within our
workforce
Personal Contact Create professional
relationships and partner
with local colleges such as
DVC, Los Medanos, and Cal
State East Bay
Attend job and career fairs
geared toward helping males
and females find
employment
Personal Contact Attend job and career fairs
during the fiscal year; focus
on distributing information
about the department’s
vacancies
Partner with community
based organizations who
serve males who are
interested in working in the
Officials and Administrators,
Professionals and
Administrative Support fields
and females interested in
Technical positions
Personal Contact Partner with the Salvation
Army, Men and Women of
Purpose and Community
Churches to reach our
specific audiences
Research employment
websites and register to join
the online community
Internet/Computer Register with websites such
as womenforhire.com and
careerwomen.com to reach
women
Contact: Debi Cooper, Deputy County Clerk-Recorder
925-335-7899
49
CONSERVATION AND DEVELOPMENT
The Office of EEO analyzed the workforce underrepresentation within each department as of
December 31, 2018. EEO compared the department’s workforce statistical data from December
31, 2018 to help determine the effectiveness of the County’s outreach program. The job
occupational categories and definitions are listed below:
Officials and Administrators: Occupations in which employees set broad policies, exercise
overall responsibility for execution of these policies, or direct individual departments or
special phases of the agency's operations, or provide specialized consultation on a regional,
district or area basis such as Department Heads.
Professionals: Occupations, which require specialized and theoretical knowledge, which is
usually acquired through college training or through work experience and other training,
which provides comparable knowledge such as HR professionals, accountants, and
attorneys.
Technicians: Occupations, which require a combination of basic scientific or technical
knowledge and manual skill, which can be obtained through specialized post -secondary
school education or through equivalen t on-the-job training. They include jobs such as
laboratory analysts and civil engineering assistants.
Administrative Support: Occupations in which workers are responsible for internal and
external communications, recording, and retrieval of data and/or information and other
paperwork required in an office such as secretaries, administrative office assistants, and
police clerks.
Service-Maintenance: Occupations in which workers perform duties that result in or
contribute to the comfort, convenience, hygiene or safety of the general public such as
maintenance workers and custodians.
50
CONSERVATION & DEVELOPMENT
2018 OUTREACH AND RECRUITMENT DATA
142 EMPLOYEES
GENDER
Demographics
By Gender
Total
Department
Workforce20
Male
(%)
Female
(%)
Working-Age
Population by
Job Category
Officials and Administrators
County Workforce 7 43 57 X
Working-Age
Population
X 58 42 82,930
Underrepresentation X -15 X X
Professionals
County Workforce 60 57 43 X
Working-Age
Population
X 46 54 108,045
Underrepresentation X X -11 X
Technicians
County Workforce 44 73 27 X
Working-Age
Population
X 51 49 13,265
Underrepresentation X X -22 X
Administrative Support
County Workforce 26 15 85 X
Working-Age
Population
X 38 62 141,985
Underrepresentation X -23 X X
Service Maintenance
County Workforce 5 100 0 X
Working-Age
Population
X 58 42 122730
Underrepresentation X X -42 X
20 The total number of people who had worked for the County at least one day during the 2018 calendar year.
51
CONSERVATION & DEVELOPMENT
2018 OUTREACH AND RECRUITMENT DATA
142 EMPLOYEES
RACE AND ETHNICITY
Demographics by
Race
and Ethnicity21
White
(%)
Black
(%)
Hispanic
(%)
Asian
(%)
Native
Hawaiian/
Pacific
Islander
(%)
American
Indian/
Alaska
Native
(%)
Two or
More
Races
(%)
Officials and Administrators
County Workforce 72 14 0 14 0 0 0
Working-Age 66 7 10 14 1 0 2
Underrepresentation X X -10 X -1 0 -2
Professionals
County Workforce 45 12 13 18 0 0 12
Working-Age
Population
60 7 9 21 0 0 2
Underrepresentation -15 X X -3 0 0 X
Technicians
County Workforce 64 7 20 5 2 0 2
Working-Age 51 7 10 27 0 1 2
Underrepresentation X 0 X -22 X -1 0
Administrative Support
County Workforce 50 8 27 11 4 0 0
Working-Age 53 10 19 15 1 0 2
Underrepresentation -3 -2 X -4 X 0 -2
Service Maintenance
County Workforce 40 20 40 0 0 0 0
Working-Age 33 10 42 12 0 0 1
Underrepresentation X X -2 -12 0 0 -1
21 The Census Bureau categorizes ethnicity into two categories: Hispanic or Latino OR not Hispanic or Latino. The terms "Hispanic," "Latino," and "Spanish" are used
interchangeably. Some respondents identify with all three terms while others may identify with only one of these three specif ic terms. Hispanics or Latinos who identify with the
terms "Hispanic," "Latino," or "Spanish" are those who classify themselves in one of the specific Hispanic, Latino, or Spanish categories as Mexican , Puerto Rican, or Cuban. People
who do not identify with one of the specific origins listed indicate that they are "another Hispanic, Latino, or Spanish origin" are those whose origins are from Spain, the Spanish-
speaking countries of Central or South America, or the Dominican Republic.
52
CONSERVATION AND DEVELOPMENT
OUTREACH AND RECRUITMENT PLAN
FY 2019-2020
Issue: The Board of Supervisors and the Department of Conservation and Development
(DCD) remain committed to maintain a diverse and inclusive workforce which is
reflective of the communities that we serve. As of December 31, 2018, the County’s
workforce statistical data indicate the following with respect to DCD:
Males are underrepresented in Official and Administrator and Administrative
Support positions.
Females are underrepresented in Professional, Technician and Service
Maintenance positions.
Hispanics are underrepresented in Official and Administrator positions.
Whites are underrepresented in Professional positions.
Asians are underrepresented in Technician and Service Maintenance
positions.
Objective: Increase the applicant flow of underrepresented groups within our workforce by
conducting specific outreach and recruitment efforts to Community/Faith Based
Organizations, Educational Institutions, Professional Groups and online recruitment
sites who serve the populations listed above.
Message: DCD will conduct strategic outreach efforts to community/faith based organizations,
professional groups and online websites that serve those populations where we
have underrepresentation. We will electronically send these organizations all open
vacancies within the department during the fiscal year. This proactive measure will
help to create a more diverse applicant pool of qualified candidates to apply for
departmental vacancies.
Tools:
Community/ faith based organizations
Local job fairs and career days
Local colleges and universities
53
Websites that help women find employment in professional, technician and
service maintenance positions
Websites that help men find employment in administrative support positions
Websites that help Hispanic find employment in Official and Administrator
positions
Websites that assist Asians find employment in Technical and Service
Maintenance positions
Websites that targets the hiring of existing Contra Costa County residents in
order to improve representation in all underrepresented grou ps, including
whites in Professional positions.
Message Distribution
STRATEGY
ELEMENT
TASKS
Partner with professional
organizations to seek
Hispanic and Asian, female
and male applicants for the
positions where these
groups are
underrepresented.
Personal Contact Create professional
relationships and partner
with local colleges such as
DVC, Los Medanos, Contra
Costa College, Cal State
East Bay and UC Berkeley.
Attend job and career fairs
that assist underrepresented
classes find employment.
Personal Contact Attend job and career fairs
during the fiscal year. DCD
will focus on recruiting White,
Hispanic and Asian males
and females to distribute
information about the
department’s vacancies.
Partner with community
based organizations who
serve males who are
interested in working in the
Administrative Support fields
Personal Contact Partner with the Salvation
Army, Rubicon, and other
community based
organizations to reach our
specific audience
Request the assistance of
current employees to let
others know about the
department’s vacancies.
Personal Contact Provide word-of-mouth job
vacancy advertising among
their families, organizations
and network.
54
Identify leading Hispanic
organizations in the specific
trades that DCD needs as
well as community based
organizations in Contra
Costa County and post job
announcements onto their
website or offices
Personal Contact DCD will work specifically
with Society of Hispanic
Professional Engineers,
Region 1 California Chapter,
and Labor Council for Latin
American Advancement
(www.lclaa.org), San
Francisco and Alameda
Chapters.
Post job vacancy
announcements in
newspapers and publications
targeting underrepresented
populations, as budget will
allow.
Internet/Computer Examples include El
Observador, a Spanish
language newspaper based
in San Jose and circulated in
the Bay Area, Monument
Impact and Hispanic
Chamber of Commerce of
Contra Costa.
Research employment
websites and register to join
the online community.
Internet/Computer Register with websites such
as womenforhire.com;
careerwomen.com; National
Association for Asian
American Professionals
(Career Center web page);
and the
National Society for Hispanic
Professionals to reach
underrepresented groups.
Contact: Kelli Zenn, Land Information Business Operations Manager
Kelli.Zenn@dcd.cccounty.us
55
COUNTY ADMINISTRATOR
The Office of EEO analyzed the workforce underrepresentation within each department as of
December 31, 2018. EEO compared the department’s workforce statistical data from December
31, 2018 to help determine the effectiveness of the County’s outreach program. The job
occupational categories and definitions are listed below.
Officials and Administrators: Occupations in which employees set broad policies, exercise
overall responsibility for execution of these policies, or direct individual departments or
special phases of the agency's operations, or provide specialized consultation on a regional,
district or area basis such as Department Heads.
Professionals: Occupations, which require specialized and theoretical knowledge, which is
usually acquired through college training or through work experience and other training,
which provides comparable knowledge such as HR professionals, accountants, and
attorneys.
Technicians: Occupations, which require a combination of basic scientific or technical
knowledge and manual skill, which can be obtained through specialized post -secondary
school education or through equivalent on -the-job training. They include jobs such as
laboratory analysts and civil engineering assistants.
Administrative Support: Occupations in which workers are responsible for internal and
external communications, recording, and retrieval of data and/or information and other
paperwork required in an office such as secretaries, administrative office assistants, and
police clerks.
Skilled Craft: Occupations in which workers perform jobs which require special manual skill
and a thorough and comprehensive knowledge of the processes involved such as
electricians and tree trimmers.
56
COUNTY ADMINISTRATOR
2018 OUTREACH AND RECRUITMENT DATA
135 EMPLOYEES
GENDER
Demographics
By Gender
Total
Department
Workforce22
Male
(%)
Female
(%)
Working-Age
Population by
Job Category
Officials and Administrators
County Workforce 19 47 53 X
Working-Age
Population
X 58 42 82,930
Underrepresentation X -11 X X
Professionals
County Workforce 60 45 55 X
Working-Age
Population
X 46 54 108,045
Underrepresentation X -1 X X
Technicians
County Workforce 26 88 12 X
Working-Age
Population
X 51 49 13,265
Underrepresentation X X -37 X
Administrative Support
County Workforce 29 7 93 X
Working-Age
Population
X 38 62 141,985
Underrepresentation X -31 X X
Skilled Craft
County Workforce 1 100 0 X
Working-Age
Population
X 95 5 41,025
Underrepresentation X X -5 X
22 The total number of people who had worked for the County at least one day during the 2018 cale ndar year.
57
COUNTY ADMINISTRATOR
2018 OUTREACH AND RECRUITMENT DATA
135 EMPLOYEES
RACE AND ETHNICITY
Demographics by
Race
and Ethnicity23
White
(%)
Black
(%)
Hispanic
(%)
Asian
(%)
Native
Hawaiian/
Pacific
Islander
(%)
American
Indian
Alaska
Native
(%)
Two or
More
Races
(%)
Officials and Administrators
County Workforce 68 16 5 11 0 0 0
Working-Age
Population 66 7 10 14 1 0 2
Underrepresentation X X -5 -3 -1 X -2
Professionals
County Workforce 55 12 10 16 0 0 7
Working-Age
Population
60 7 9 21 0 0 2
Underrepresentation -5 X X -5 X X X
Technicians
County Workforce 19 20 19 23 0 0 19
Working-Age
Population 51 7 10 27 0 1 2
Underrepresentation -32 X X -4 X -1 X
Administrative Support
County Workforce 66 14 7 3 0 0 10
Working-Age
Population 53 10 19 15 1 0 2
Underrepresentation X X -12 -12 -1 X X
Skilled Craft
County Workforce 100 0 0 0 0 0 0
Working-Age
Population 49 6 35 7 1 0 1
Underrepresentation X -6 -35 -7 -1 X -1
23 The Census Bureau categorizes ethnicity into two categories: Hispanic or Latino OR not Hispanic or Latino. The terms "Hispani c," "Latino," and "Spanish" are used
interchangeably. Some respondents identify with all three terms while others may identify with only one of these three specific terms. Hispanics or Latinos who identify with the
terms "Hispanic," "Latino," or "Spanish" are those who classify themselves in one of the specific Hispanic, Latino, or Spanis h categories as Mexican, Puerto Rican, or Cuban. People
who do not identify with one of the specific origins listed indicate that they are "another Hispanic, Latino, or Spanish origin" are those whose origins are from Spain, the Spanish-
speaking countries of Central or South America, or the Dominican Republic.
58
COUNTY ADMINISTRATOR’S OFFICE
OUTREACH AND RECRUITMENT PLAN
FY 2019-2020
Issue: The Board of Supervisors and the County Administrator’s Office (CAO) remain
committed to maintaining a diverse and inclusive workforce that is reflective of the
communities that we serve. As of December 31, 2018, the County’s workforce
statistical data indicate the following:
Males are underrepresented in Officials/Administrators and Administrative
Support positions.
Females are underrepresented in Technical and Skilled Craft positions.
Whites are underrepresented in Technical positions.
Hispanics and Asians are underrepresented in Administrative Support and
Skilled Craft positions.
This workforce underrepresentation data includes data for the following
departments within the County Administrator’s agency: Clerk of the Board; CCTV;
Department of Information Technology, including the Telecommunications division;
Law and Justice Systems; Risk Management, and the Administrative Office of the
County Administrator, including the Labor Relations unit.
Objective: Increase the applicant flow of males, females, Whites, Hispanics and Asians who
meet the minimum qualifications by encouraging them to apply for the vacant
positions within the various departments of the CAO.
Message: In partnership with the Human Resources Department, the CAO will continue to
conduct strategic and targeted outreach efforts to organizations and online
websites that serve diverse populations. We will continue to electronically send
these organizations all open vacancies within the department and continue
national outreach efforts as appropriate. These proactive measures have
supported our hiring efforts in the administrative office.
We are currently undergoing a recruitment for three positions in the Administrative
Office and hope to have a more balanced representation after the vacancies are
59
filled. Therefore, we hope that next year’s data will demonstrate improvement in
our underrepresentation data.
The 2018-19 Outreach and Recruitment Plan contained strategies to improve
representation in the various categories and our recruitment efforts have rendered
success with a 6% reduction in the underrepresentation of whites in technician
positions and Hispanics in administrative support positions. Unfortunately, there
was a 23% decrease in the representation of females in technician positions from
2018.
Tools: Websites geared towards helping males and females as well as those of White,
Asian and Hispanic race/ethnicity find employment
Conduct nationwide outreach, as appropriate
Partner with the Human Resources Department
Message Distribution
STRATEGY
ELEMENT
TASKS
Conduct outreach with
community based
organizations to seek
potential White, Asian and
Hispanic candidates.
Personal/Computer Contact
Reach out to community
based organizations that
serve diverse
populations, including
White, Asian and
Hispanic. Post job
announcements with
these partner agencies
when positions are being
recruited.
Conduct nationwide
outreach, as appropriate
Contractor/Internet/Computer
Utilize a contractor that
can facilitate nationwide
recruitment efforts to
potential male, female
and White, Asian and
Hispanic candidates, as
well as, support the
department’s selection
efforts. The Office has
utilized KMI Consulting to
broaden outreach efforts
when hiring.
60
Partner with Human
Resources Department to
post job vacancies on
websites and publications of
Alumni Associations geared
towards helping White, Asian
and Hispanic populations
find employment.
Personal/Computer Contact
Inform the Human
Resources Department of
our recruiting strategies
and request their support
to heavily recruit with
Alumni Associations to
support our efforts to
recruit male, female,
White, and Hispanic
populations.
Expand outreach to
associations and
professional organizations
that serve males, Asian and
White populations.
Internet/Computer/Personal
Contact
Work closely with Human
Resources and staff to
identify professional
organizations, inclusive of
diverse populations, to
send job announcements
to, such as, National
Coalition for Men and the
National Association of
Asian American
Professionals.
Contact: Laura Strobel, Sr. Deputy County Administrator
Laura.strobel@cao.cccounty.us
61
COUNTY COUNSEL
The Office of EEO analyzed the workforce underrepresentation within each department as of
December 31, 2018. EEO compared the department’s workforce statistical data from December
31, 2018 to help determine the effectiveness of the County’s outreach program. The job
occupational categories and definitions are listed below.
Officials and Administrators: Occupations in which employees set broad policies, exercise
overall responsibility for execution of these policies, or direct individual departments or
special phases of the agency's operations, or provide specialized consultation on a regional,
district or area basis such as Department Heads.
Professionals: Occupations, which require specialized and theoretical knowledge, which is
usually acquired through college training or through work experience and other training,
which provides comparable knowledge such as HR professionals, accountants, and
attorneys.
Administrative Support: Occupations in which workers are responsible for internal and
external communications, recording, and retrieval of data and/or information and other
paperwork required in an office such as secretaries, administrative office assistants, and
police clerks.
62
COUNTY COUNSEL
2018 OUTREACH AND RECRUITMENT DATA
47 EMPLOYEES
GENDER
Demographics
By Gender
Total
Department
Workforce24
Male
(%)
Female
(%)
Working-
Age
Population
by Job
Category
Officials and Administrators
County Workforce 7 57 43 X
Working-Age X 58 42 82,930
Underrepresentation X -1 X X
Professionals
County Workforce 26 31 69 X
Working-Age X 46 54 108,045
Underrepresentation X -15 X X
Administrative Support
County Workforce 14 21 79 X
Working-Age X 38 62 141,985
Underrepresentation X -17 X X
24 The total number of people who had worked for the County at least one day during the 2018 calendar year.
63
COUNTY COUNSEL
2018 OUTREACH AND RECRUITMENT DATA
47 EMPLOYEES
RACE AND ETHNICITY
Demographics by
Race
and Ethnicity25
White
(%)
Black
(%)
Hispanic
(%)
Asian
(%)
Native
Hawaiian/
Pacific
Islander
(%)
American
Indian /
Alaska
Native
(%)
Two or
More
Races
(%)
Officials and Administrators
County Workforce 86 14 0 0 0 0 0
Working-Age
Population
66 7 10 14 1 0 2
Underrepresentation X X -10 -14 -1 0 -2
Professionals
County Workforce 65 8 4 12 0 0 11
Working-Age
Population
60 7 9 21 0 0 2
Underrepresentation X X -5 -9 0 0 X
Administrative Support
County Workforce 58 21 14 7 0 0 0
Working-Age
Population
53 10 19 15 1 0 2
Underrepresentation X X -5 -8 -1 0 -2
25 The Census Bureau categorizes ethnicity into two categories: Hispanic or Latino OR not Hispanic or Latino. The terms "Hispa nic," "Latino," and "Spanish" are used
interchangeably. Some respondents identify with all three terms while others may identify with only one of these three specif ic terms. Hispanics or Latinos who identify with the
terms "Hispanic," "Latino," or "Spanish" are those who classify themselves in one of the specific Hispanic, Latino, or Spanish categories as Mexican, Puerto Rican, or Cuban. People
who do not identify with one of the specific origins listed indicate that they are "another Hispanic, Latino, or S panish origin" are those whose origins are from Spain, the Spanish-
speaking countries of Central or South America, or the Dominican Republic.
64
COUNTY COUNSEL
OUTREACH AND RECRUITMENT PLAN
FY 2019-2020
Issue: The data chart prepared by the County’s Equal Opportunity Officer indicates that,
when the 48 employees in the County Counsel’s Office are compared with the
working population of Contra Costa County, the County Counsel’s Office is
statistically under-represented in the following categories:
Hispanics and Asians are under-represented in the Officials and
Administrators classifications;
Asians and men are under-represented in the Professionals and
Administrative Support positions
For the purpose of this plan, this Office addresses only the attorney and non-clerical
recruitments. Clerical outreach and recruitments are countywide and are not
conducted by this office.
Objective: The department will continue to enhance partnerships with legal associations, law
school career centers, and like agencies to keep them apprised of job vacancies
within our office.
Message: The Office of the County Counsel will continue to work towards creating a diverse
and qualified applicant pool of candidates from which we fill the vacant positions. All
open recruitments within the department are mailed to over 70 organizations during
the examination period. These measures are intended to help create a more diverse
applicant pool of qualified candidates that apply for departmental vacancies.
Tools: Enhance the communication methods of job vacancies with our under -represented
groups expanding the postings of job vacancies via the internet with online job
boards, Public Services Employment services, mailings and coordination with the
EEO’s staff through community based organizations, local job fairs, and law school
career centers.
65
Message Distribution
STRATEGY
ELEMENT
TASKS
Announce job vacancies via
mailings, email and internal
office postings
Electronic/Print Media Mail or email announcement
to the targeted under-
represented group’s law
school career centers and
Legal Assistant programs
Utilize County Counsel’s
brochure to explain the
Office’s outreach and
recruitment missions and
goals
Publication
Print Media
Mail brochures to the
targeted under-represented
group’s recruitment centers
Research additional
employment websites and
register to post open job
vacancies with the online
community
Internet Register and post job
vacancies on various
websites such as
Government Jobs
Announce vacancies via links
on County Counsel webpage
that will provide notices about
current announcements and
instructions for future
notifications of job related
alerts
Website Maintain the “Job
Description” and “FAQ” links
on the County Counsel
website with current
information
Link the Equal Employment
Opportunity homepage to the
County Counsel’s homepage
Internet Increase the County
Counsel’s exposure to the
community to promote the
goals of diversity, inclusion
and equality in the workplace
Coordinate distribution of
County Counsel brochure via
job recruitment
announcements with EEO’s
staff during their participation
in job fairs
Personal Contact Partner with organizations
who serve the under-
represented populations
Contact: Wanda R. McAdoo, Administrative Services Officer
wanda.mcadoo@cc.cccounty.us
66
DISTRICT ATTORNEY
The Office of EEO analyzed the workforce underrepresentation within each department as of
December 31, 2018. EEO compared the department’s workforce statistical data from December
31, 2018 to help determine the effectiveness of the County’s outreach program. The job
occupational categories and definitions are listed below.
Officials and Administrators: Occupations in which employees set broad policies, exercise
overall responsibility for execution of these policies, or direct individual departments or
special phases of the agency's operations, or provide specialized consulta tion on a regional,
district or area basis such as Department Heads.
Professionals: Occupations, which require specialized and theoretical knowledge, which is
usually acquired through college training or through work experience and other training,
which provides comparable knowledge such as HR professionals, accountants, and
attorneys.
Technicians: Occupations, which require a combination of basic scientific or technical
knowledge and manual skill, which can be obtained through specialized post -secondary
school education or through equivalent on -the-job training. They include jobs such as
laboratory analysts and civil engineering assistants.
Administrative Support: Occupations in which workers are responsible for internal and
external communications, recording, and retrieval of data and/or information and other
paperwork required in an office such as secretaries, administrative office assistants, and
police clerks.
67
DISTRICT ATTORNEY
2018 OUTREACH AND RECRUITMENT DATA
222 EMPLOYEES
GENDER
Demographics
By Gender
Total
Department
Workforce26
Male
(%)
Female
(%)
Working-Age
Population
by Job
Category
Officials and Administrators
County Workforce 8 37 63 X
Working-Age
Population
X 58 42 82,930
Underrepresentation X -21 X X
Professionals
County Workforce 104 56 44 X
Working-Age
Population
X 46 54 108,045
Underrepresentation X X -10 X
Technicians
County Workforce 26 92 8 X
Working-Age
Population
X 51 49 13,265
Underrepresentation X X -41 X
Administrative Support
County Workforce 84 15 85 X
Working-Age
Population
X 38 62 141,985
Underrepresentation X -23 X X
26 The total number of people who had worked for the County at least one day during the 2018 calendar year.
68
DISTRICT ATTORNEY
2018 OUTREACH AND RECRUITMENT DATA
222 EMPLOYEES
RACE AND ETHNICITY
Demographics by
Race and Ethnicity27
White
(%)
Black
(%)
Hispanic
(%)
Asian
(%)
Native
Hawaiian/
Pacific
Islander
(%)
American
Indian/
Alaska
Native
(%)
2 or more
Races
(%)
Officials and Administrators
County Workforce 63 13 0 12 0 0 12
Working-Age
Population
66 7 10 14 1 0 2
Underrepresentation -3 X -10 -2 -1 X X
Professionals
County Workforce 71 6 6 8 0 1 8
Working-Age
Population
60 7 9 21 0 0 2
Underrepresentation X -1 -3 -13 0 X X
Technicians
County Workforce 65 8 15 0 4 0 8
Working-Age
Population
51 7 10 27 0 1 2
Underrepresentation X X X -27 X -1 X
Administrative Support
County Workforce 40 18 26 10 2 0 4
Working-Age
Population
53 10 19 15 1 0 2
Underrepresentation -13 X X -5 X X X
27 The Census Bureau categorizes ethnicity into two categories: Hispanic or Latino OR not Hispanic or Latino. The terms "Hispanic," "Latino," and "Spanish" are used
interchangeably. Some respondents identify with all three terms while others may identify with onl y one of these three specific terms. Hispanics or Latinos who identify with the
terms "Hispanic," "Latino," or "Spanish" are those who classify themselves in one of the specific Hispanic, Latino, or Spanis h categories as Mexican, Puerto Rican, or Cuban. People
who do not identify with one of the specific origins listed indicate that they are "another Hispanic, Latino, or Spanish origin" are those whose origins are from Spain, the Spanish-
speaking countries of Central or South America, or the Dominican Republic.
69
DISTRICT ATTORNEY
OUTREACH AND RECRUITMENT PLAN
FY 2019-2020
Issue: The Board of Supervisors remains committed to maintain a diverse and
inclusive workforce which is reflective of the communities that we serve. As of
December 31, 2018, the District Attorney’s (DA) workforce statistical data indicates
the following:
• Females are underrepresented in Professional and Technician
positions;
• Males are underrepresented in Official and Administrator, and
Administrative Support positions;
• Hispanics are underrepresented in Official and Administrator
positions;
• Asians are underrepresented Professional and Technician positions;
• Whites are underrepresented in Administrative Support positions.
Objective: Increase the applicant flow of underrepresented groups within our workforce
by conducting outreach and recruitment efforts with many and varied groups
and organizations who serve these groups.
Message: The DA will conduct strategic and targeted outreach efforts to community/faith
based organizations and online websites that serve females. We will
electronically send these organizations all open vacancies within the
department during the fiscal year. This proactive measure will help to create a
more diverse applicant pool of qualified candidates to apply for departmental
vacancies.
Tools: Community/ faith based organizations, local job fairs and career days,
local colleges and universities, and websites geared towards helping women
find employment. Create and distribute informational brochures.
70
Message Distribution
STRATEGY
ELEMENT
TASKS
Participate in job fairs at
Law Schools around the
state.
Personal Contact Participate in reviewing resumes,
mock hiring interviews.
The recruitment committee will
actively seek out and offer to
participate/ interview at job fairs
sponsored by organizations that
identify with diverse populations.
Participation in mock
trial programs
Personal Contact Prosecutors volunteer to participate in
high school mock trial programs in
underrepresented communities to
promote interest in criminal
prosecution careers.
Outreach to diverse
Law School
organizations
Personal Contact Speaking to law school classes.
Recruiting committee will actively
seek opportunities to speak to law
school clubs and organizations
whose members consist of
individuals from diverse backgrounds
to discuss a career path. Examples of
groups the committee has reached
out to include:
Armenian Law Student
Association
Vietnamese American Law
Society
Pilipino American Law Society
La Raza Law Students
Association
Korean American Law Student
Association
Black Law Students
Associations
Asian Pacific American Law
Student Association
71
Post job vacancies on
websites and in
publications geared
toward Hispanics,
Asians, females and
males.
Publication/Print
Media
Determine which publications will
assist us in meeting out Hispanic
recruiting goals and express our
desire to hire individuals from
diverse backgrounds in recruiting
notices. We have contacted SF La
Raza Lawyers, East Bay La Raza
Lawyers Association, and La Raza
Lawyers of Santa Clara County to
ask them to send out to their
members' job postings.
Outreach to Minority
Bar Associations
Personal
Contact
Notify Minority Bar Associations of
employment opportunities and
participate in Panel Discussions on
Criminal Law issues. Outreach to the
three local bay area minority bar
associations that serve Hispanic
attorneys: SF La Raza Lawyers, East
Bay La Raza Lawyers Association,
and La Raza Lawyers of Santa Clara
County. Also the Minority Bar
Coalition (MBC) which is a coalition
of bar organizations that are
committed to serving all attorneys
from minority groups. Direct
outreach to the following:
Asian Pacific Bar Association -
Silicon Valley
Asian American Bar Association
Charles Houston Bar Association
Bay Area Black Prosecutors Association
San Francisco La Raza Lawyers
Asian American Prosecutors Association
Filipino Bar Association of
Northern California
Black Women Lawyers
Association of Northern
California
East Bay La Raza Lawyers
72
Association
Korean American Bar
Association of Northern
California
La Raza Lawyers of Santa Clara
County
South Asian Bar Association of
Northern California
Vietnamese American Bar
Association of Northern
California
Outreach to Career
Development Office
(COO) at Law Schools
and other colleges and
organizations
Personal
Contact
Alumni from the Recruiting Team
reach out CDO's expressing our
interest in attracting a more diverse
applicant pool. La Raza Law
Students Association serves
Hispanic students. We will be
attempting to reach out to all the La
Raza organizations on local school
campuses.
Post job vacancies on
websites and
publications focused
on serving diverse
populations
Publication/
Print Media
Notify Opening Doors, International
Rescue Committee, Narika, RYSE
Youth Center, Family Justice Centers
(West and Central), Center for the
Pacific Asian Family, Mujeres Unidas
Y Activas, Korean Family American
Services, Asian Pacific Islander Legal
Outreach, Asian Americans for
Community Involvement.
Post job vacancies
on websites and
publications focused
on women in law
enforcement.
Publication/
Print Media
Determine which organizations
might assist us in recruiting sworn
female law enforcement personnel,
and express the Office's desire to
increase the number of female
Senior Inspectors.
73
Post job vacancies on
websites and
publications focused on
law enforcement
professionals with an
emphasis on bilingual
personnel.
Publication/
Print Media
Determine which organizations
might assist us in recruiting sworn
law enforcement personnel, and
express the Office's desire to
increase the number of bilingual
Senior Inspectors.
Contact: ________________
Jason Chan
Chief of Administrative Services
(925) 957-2234
74
EMPLOYMENT AND HUMAN SERVICES
The Office of EEO analyzed the workforce underrepresentation within each department as of
December 31, 2018. EEO compared the department’s workforce statistical data from December
31, 2018 to help determine the effectiveness of the County’s outreach program. The job
occupational categories and definitions are listed below.
Officials and Administrators: Occupations in which employees set broad policies, exercise
overall responsibility for execution of these policies, or direct individual departments or
special phases of the agency's operations, or provide specialized consultation on a regional,
district or area basis such as Department Heads.
Professionals: Occupations, which require specialized and theoretical knowledge, which is
usually acquired through college training or through work experience and other training,
which provides comparable knowledge such as HR professionals, accountants, and
attorneys.
Technicians: Occupations, which require a combination of basic scientific or technical
knowledge and manual skill, which can be obtained through specialized post -secondary
school education or through equivalent on -the-job training. They include jobs such as
laboratory analysts and civil engineering assistants.
Administrative Support: Occupations in which workers are responsible for internal and
external communications, recording, and retrieval of data and/or information and other
paperwork required in an office such as secretaries, administrative office assistants, and
police clerks.
Service-Maintenance: Occupations in which workers perform duties that result in or
contribute to the comfort, convenience, hygiene or safety of the public such as maintenance
workers or custodians.
75
EMPLOYMENT AND HUMAN SERVICES
2018 OUTREACH AND RECRUITMENT DATA
1735 EMPLOYEES
GENDER
Demographics
By Gender
Total
Department
Workforce28
Male
(%)
Female
(%)
Working-Age
Population by
Job Category
Officials and Administrators
County Workforce 74 11 89 X
Working-Age X 58 42 82,930
Underrepresentation X -47 X X
Professionals
County Workforce 606 14 86 X
Working-Age X 45 55 108,045
Underrepresentation X -31 X X
Technicians
County Workforce 32 56 44 X
Working-Age X 51 49 13,265
Underrepresentation X X -5 X
Administrative Support
County Workforce 1011 12 88 X
Working-Age X 38 62 141,985
Underrepresentation X -26 X X
Service Maintenance
County Workforce 12 58 42 X
Working-Age X 58 42 122,730
Underrepresentation X X X X
28 The total number of people who had worked for the County at least one day during the 2018 calendar year.
76
EMPLOYMENT AND HUMAN SERVICES
2018 OUTREACH AND RECRUITMENT DATA
1735 EMPLOYEES
RACE AND ETHNICITY
Demographics by Race
and Ethnicity29
White
(%)
Black
(%)
Hispanic
(%)
Asian
(%)
Native
Hawaiian/
Pacific
Islander
(%)
American
Indian/
Alaska
Native
(%)
Two or
more
Races
(%)
Officials and Administrators
County Workforce 51 23 11 5 1 1 7
Working-Age
Population
66 7 10 14 1 0 2
Underrepresentation -15 X X -9 X X X
Professionals
County Workforce 32 27 22 10 1 0 8
Working-Age
Population
60 7 9 21 0 0 2
Underrepresentation -28 X X -11 X X X
Technicians
County Workforce 41 15 6 16 3 0 19
Working-Age
Population
51 7 10 27 0 1 2
Underrepresentation -10 X -4 -11 X -1 X
Administrative Support
County Workforce 30 26 30 7 1 0 6
Working-Age
Population
53 10 19 15 1 0 2
Underrepresentation -23 X X -8 X X X
Service Maintenance
County Workforce 17 25 42 17 0 0 0
Working-Age
Population
33 10 42 12 0 0 1
Underrepresentation -16 X 0 X X X -1
29 The Census Bureau categorizes ethnicity into two categories: Hispanic or Latino OR not Hispanic or Latino. The terms "Hispani c," "Latino," and "Spanish" are used
interchangeably. Some respondents identify with all three terms while others may identify with only one of these three specif ic terms. Hispanics or Latinos who identify with the
terms "Hispanic," "Latino," or "Spanish" are those who classify themselves in one of the specific Hispanic, Latino, or Spanish categories as Mexican, Puerto Rican, or Cuban. People
who do not identify with one of the specific origins listed indicate that they are "another Hispanic, Latino, or Spanish origin" are those whose origins are from Spain, the Spanish-
speaking countries of Central or South America, or the Dominican Republic.
77
EMPLOYMENT AND HUMAN SERVICES
OUTREACH AND RECRUITMENT PLAN
FY 2019-2020
Issue: The Employment and Human Services Department (EHSD) remains committed to
maintain a diverse and inclusive workforce which is reflective of the communities
that we serve. As of December 31, 2018, the EHSD workforce statistical data
indicate the following:
Whites are underrepresented in Official and Administrator, Professional,
Technician, Administrative Support, and Service Maintenance positions
Asians are underrepresented in Official and Administrator, Professional,
Technician and Administrative Support positions
Males are underrepresented in Official and Administrator, Professional, and
Administrative Support positions
Objective: Increase the applicant flow of underrepresented groups within our workforce by
conducting specific outreach and recruitment efforts to Community/Faith Based
Organizations, Non-Profit Organizations, Professional Groups, Newspapers,
Career Fairs, Colleges and Universities, and online recruitment sites who serve the
populations listed above.
Message: EHSD will conduct strategic outreach efforts to community/faith based
organizations, professional groups and online websites that serve those populations
where we have underrepresentation. We will send these organizations all highly
sought after and hard to recruit positions within the department during the fiscal
year. This proactive measure will help to create a more diverse applicant pool of
qualified candidates to apply for departmental vacancies.
Tools: Community/ faith based organizations
Local career fairs, Local colleges and universities
Websites geared towards helping Whites and Asians find employment.
Create and distribute informational brochures
Create a “Grow Our Own” Program
78
Message Distribution
STRATEGY ELEMENT TASKS
Partner with
Community/Faith Based
Organizations
Personal Contact Create consistent ongoing
professional relationships with
parishioners.
Attend job and career fairs
geared towards helping
males find employment.
Personal Contact Attend at least 3 job and career
fairs during the fiscal year. EHSD
will focus on recruiting Whites and
Asians.
Partner with local colleges
and universities
Personal Contact Partner with Los Medanos College,
Diablo Valley Community, Contra
Costa College, Diablo Valley
College, CAL State East Bay, and
St. Mary’s College.
Research employment
websites and register to join
the online community.
Internet/Computer Register with websites such as
www.linkedin.com (targeting
specific categories), www.AAIP.org
(for Asian Americans/Pacific
Islanders in philanthropy outreach),
www.CalJobs.ca.org and
www.swords-to-plowshares.org to
attract White male veterans.
Advertising in specific
periodicals targeting Whites
and Asians.
Publications BBC News Asia
Contra Costa Times
East Bay Times
Create specific brochures for
hard to recruit positions.
Personal Social Workers
Information System Techs
Information System and Program
Analyst
Teachers
Developed an On-line
Recruitment test for Social
Worker to streamline testing
and hiring process – First
test scheduled Aug 2019
Personal/HR and
Personnel Staff
Social Workers
79
STRATEGY ELEMENT TASKS
Create “Day in Life”
vignettes for hard to recruit
positions.
Personal Social Workers
Information System Technician
Information System and Program
Analyst
Teachers
Marketing Recruitment
Strategy
Personal A brand has been created to using
marketing materials, create
magnetic decals on County
vehicles advertising Social
Worker, Teachers, and IT positions
Contact: Debora Bouttѐ, Personnel Officer
dboutte@ehsd.cccounty.us
80
FIRE PROTECTION DISTRICT
The Office of EEO analyzed the workforce underrepresentation within each department as of
December 31, 2018. EEO compared the department’s workforce statistical data from December
31, 2018 to help determine the effectiveness of the County’s outreach program. The job
occupational categories and definitions are listed below.
Officials and Administrators: Occupations in which employees set broad policies, exercise
overall responsibility for execution of these policies, or direct individual departments or
special phases of the agency's operations, or provide specialized consultation on a regional,
district or area basis such as Department Heads.
Professionals: Occupations which require specialized and theoretical knowledge which is
usually acquired through college training, work experience and other training which provides
comparable knowledge such as HR professionals, accountants, and attorneys.
Technicians: Occupations which require a combination of basic scientific or technical
knowledge and manual skill which can be obtained through specialized post-secondary
school education or through equivalent on -the-job training such as laboratory analysts and
civil engineering assistants.
Administrative Support: Occupations in which workers are responsible for internal and
external communications, recording, and retrieval of data and/or information and other
paperwork required in an office such as secretaries, administrative office assistants, and
police clerks.
Service-Maintenance: Occupations in which workers perform duties that result in or
contribute to the comfort, convenience, hygiene or safety of the public such as maintenance
workers or custodians.
Protective Service Workers (Sworn): Occupations in which workers are entrusted with
public safety, security and protection from destructive forces.
Protective Service Workers (Non-Sworn): Occupations that perform technical and support
work in safety or law enforcement work, which does not require a sworn person. Examples
include community service officers and animal control officers.
81
FIRE PROTECTION DISTRICT
2018 OUTREACH AND RECRUITMENT DATA
375 EMPLOYEES
GENDER
Demographics
By Gender
Total
Department
Workforce30
Male
(%)
Female
(%)
Working-
Age
Population
by Job
Category
Officials and Administrators
County Workforce 13 69 31 X
Working-Age Population X 58 42 82,930
Underrepresentation X X -11 X
Professionals
County Workforce 108 91 9 X
Working-Age Population X 46 54 108,045
Underrepresentation X X -45 X
Technicians
County Workforce 25 76 24 X
Working-Age Population X 51 49 13,265
Underrepresentation X X -25 X
Protective Services (Sworn)
County Workforce 156 96 4 X
Working-Age Population X 82 18 9,480
Underrepresentation X X -14 X
Protective Services (Non-Sworn)
County Workforce 22 95 5 X
Working-Age Population X 54 46 810
Underrepresentation X X -41 X
Administrative Support
County Workforce 48 40 60 X
Working-Age Population X 38 62 141,985
Underrepresentation X X -2 X
Skilled Craft Workers
County Workforce 1 100 0 X
Working-Age Population X 95 5 41025
Underrepresentation X X -5 X
Service Maintenance
County Workforce 2 100 0 X
Working-Age Population X 58 42 122,730
Underrepresentation X X -42 X
30 The total number of people who had worked for the County at least one day during the 2018 calendar year.
82
FIRE PROTECTION DISTRICT
2018 OUTREACH AND RECRUITMENT DATA
375 EMPLOYEES
RACE AND ETHNICITY
Demographics by Race
and Ethnicity31
White
(%)
Black
(%)
Hispanic
(%)
Asian
(%)
Native
Hawaiian/
Pacific
Islander
(%)
American
Indian Alaska
Native
(%)
Two or More
Races
(%)
Officials and Administrators
County Workforce 69 23 0 0 0 8 0
Working-Age Population 66 7 10 14 1 0 2
Underrepresentation X X -10 -14 -1 X -2
Professionals
County Workforce 66 10 16 3 1 2 3
Working-Age Population 60 7 9 21 0 0 2
Underrepresentation X X X -18 X X X
Technicians
County Workforce 80 4 4 0 0 0 12
Working-Age Population 51 7 10 27 0 1 2
Underrepresentation X -3 -6 -27 0 -1 X
Administrative Services
County Workforce 69 8 23 0 0 0 0
Working-Age Population 53 10 19 15 1 0 2
Underrepresentation X -2 X -15 -1 0 -2
Skilled Craft
County Workforce 100 0 0 0 0 0 0
Working-Age Population 49 6 35 7 1 0 1
Underrepresentation X -6 -35 -7 -1 0 -1
Service Maintenance
County Workforce 50 0 0 50 0 0 0
Working-Age Population 33 10 42 12 0 0 1
Underrepresentation X -10 -42 X 0 0 -1
Protective Services (Sworn)
County Workforce 68 4 13 4 1 2 8
Working-Age Population 53 15 15 10 3 0 3
Underrepresentation X -11 -2 -6 -2 X X
Protective Services (Non-Sworn)
County Workforce 68 9 18 5 0 0 0
Working-Age Population 65 1 22 8 0 0 5
Underrepresentation X X -4 -3 0 0 -5
31 The Census Bureau categorizes ethnicity into two categories: Hispanic or Latino OR not Hispanic or Latino. The terms "Hispanic," "Latino," and "Spani sh" are used
interchangeably. Some respondents identify with all three terms while others may identify with only one of these three specific terms. Hispanics or Latinos who identify with the
terms "Hispanic," "Latino," or "Spanish" are those who classify themselves in one of the specific Hispanic, Latino, or Spanis h categories as Mexican, Puerto Rican, or Cuban. People
who do not identify with one of the specific origins listed indicate that they are "another Hispanic, Latino, or Spanish origin" are those w hose origins are from Spain, the Spanish-
speaking countries of Central or South America, or the Dominican Republic.
83
FIRE PROTECTION DISTRICT
OUTREACH AND RECRUITMENT PLAN
FY 2019-2020
Issue: The Fire Protection District remains committed to maintain a diverse and inclusive
workforce which is reflective of the communities that we serve. As of December 31,
2018, the County’s workforce statistical data indicate the following:
Females are underrepresented in Official and Administrator, Professional,
Technical, Protective Services (Sworn), Protective Services (Non -Sworn)
and Service Maintenance positions.
Hispanics are underrepresented in Official and Administrator , Skilled Craft
and Service Maintenance positions.
Blacks are underrepresented in Service Maintenance and Protective
Services (Sworn) positions.
Asians are underrepresented in Officials and Administrators, Professionals,
Technicians, Administrative Services, and Skilled Craft.
Objective: Increase the applicant flow of underrepresented groups within our workforce by
conducting specific outreach and recruitment efforts to Community Based
Organizations, Professional Groups and online recruitment sites who serve the
populations listed above.
Message: The Fire District will continue to conduct strategic outreach efforts to community
based organizations, professional groups and online websites that serve those
populations where we have underrepresentation. We will electronically send these
organizations all open vacancies within the District during the fiscal year. In
addition, we will continue to promote careers in the Fire Service by partnering with
middle through high schools, and community colleges with a diverse student
population. These proactive measures will help to crea te a more diverse applicant
pool of qualified candidates to apply for District vacancies.
Tools: In June 2016, the Fire Protection District formulated an “Outreach and Recruitment
Team” at the Fire Chief’s direction and with his direct participation on th e committee.
We began working to increase the pool of eligible applications for positions in the
84
District by (1) targeting outreach to local middle and high schools, community
colleges and universities with our diversity goals in mind; (2) expanded intern ship
opportunities by hiring Student Interns who are currently enrolled in “Fire Science”
certificate programs. The internship opportunities are a useful tool to expand the
applicant pool for permanent positions when they become available.
In 2017 and 2018, the District continued meeting with the Outreach and Recruitment
Team.
In May 2019, the Fire District sent two female firefighters to represent the District at
the NorCal Women in the Fire Service’s event called, “First Alarm Girl's Fire Camp”.
This was a two-day program made up of active duty women firefighters from the
Bay Area and across the West Coast. The camp provided girls from 9 -12 grade
with hands-on training on power tools, hose handling, how to use a fire extinguisher,
how to put on and remove personal protective equipment (PPE), orientation to using
a self-contained breathing apparatus (SCBA), an introduction to wildland firefighting,
and training in ladders including an opportunity to climb the aerial truck ladder.
Message Distribution
STRATEGY
ELEMENT
TASKS
Attend job and career fairs
geared towards helping
our underrepresented find
employment.
Personal Contact Attend at least 5 job and career fairs
during the fiscal year. The District will
focus on recruiting females and Hispanic
candidates to distribute information about
the District’s opportunities and vacancies.
Partner with community
based organizations who
serve females and
Hispanics who are
interested in working in all
the classifications within
the Fire Service and
Support Services fields
Personal Contact Partner with the local sporting programs
reaching student athletes, and statewide
organizations such as the CAL-JAC
program.
Research employment
websites and register to
join the online community.
Internet/Computer Register with websites such as
womenforhire.com and careerwomen.com
to reach women who are interested in the
Fire Service
85
Outreach to CBO’s and
schools to promote a Fire
Explorer program for high
school students
Personal
Contact/Social
Media
Provide a unique opportunity to work
alongside our fire suppression
professionals
Outreach to candidates to
offer practice written tests
for Firefighter applicants
Personal Contact CAL Joint Apprenticeship Committee
Outreach to diverse
CBO’s and academic
organizations, Post job
vacancies and
publications focused on
serving diverse
populations
Personal
Contact/Social
Media/Publication
Recruitment/Outreach team will continue to
actively seek opportunities to speak to
academic organizations whose members
consist of individuals diverse backgrounds
to discuss career paths in the Fire Service.
Examples of the groups the team has
reached out to include:
IAFF, Local 1230
IABPF - International Association of
Black Professional Firefighters
CA Community Colleges
EMS Paramedic Trade Schools
EMT programs
iWomen (International Association
of Women in Fire
NAHF – International Association of
Female Firefighters
Contact: Charles Thomas, Battalion Chief, Equal Employment Opportunity Coo rdinator
cthom@cccfpd.org
Holly Trieu, HR Analyst, htrie@cccfpd.org
Cheryl Morse, HR Analyst, cmors@cccfpd.org
86
HEALTH SERVICES
The Office of EEO analyzed the workforce underrepresentation within each department as of
December 31, 2018. EEO compared the department’s workforce statistical data from December
31, 2018 to help determine the effectiveness of the County’s outreach program. The job
occupational categories and definitions are listed below.
Officials and Administrators: Occupations in which employees set broad policies,
exercise overall responsibility for execution of these policies, or direct individual
departments or special phases of the agency's operations, or provide specialized
consultation on a regional, district or area basis such as Department Heads.
Professionals: Occupations which require specialized and theoretical knowledge which is
usually acquired through college training, work experience and other training which
provides comparable knowledge such as HR professionals, accountants, and attorneys.
Technicians: Occupations which require a combination of basic scientific or technical
knowledge and manual skill which can be obtained through specialized post -secondary
school education or through equivalent on-the-job training.
Administrative Support: Occupations in which workers are responsible for internal and
external communications, recording, and retrieval of data and/or information and other
paperwork required in an office such as secretaries, administrative office assistants, and
police clerks.
Protective Service Workers (Non-Sworn): Occupations that perform technical and
support work in safety or law enforcement work, which does not require a sworn person.
Examples include community service officers and animal control officers.
87
HEALTH SERVICES
2018 OUTREACH AND RECRUITMENT DATA
3668 EMPLOYEES
GENDER
Demographics
By Gender
Total
Department
Workforce32
Male
(%)
Female
(%)
Working-
Age
Population
by Job
Category
Officials and Administrators
County Workforce 131 31 69 X
Working-Age Population X 58 42 82,930
Underrepresentation X -27 X X
Professionals
County Workforce 1826 24 76 X
Working-Age Population X 46 54 108,045
Underrepresentation X -22 X X
Technicians
County Workforce 561 23 77 X
Working-Age Population X 51 49 13,265
Underrepresentation X -28 X X
Administrative Support
County Workforce 998 13 87 X
Working-Age Population X 38 62 141,985
Underrepresentation X -25 X X
Service Maintenance
County Workforce 148 53 47 X
Working-Age Population X 58 42 122,730
Underrepresentation X -5 X X
Protective Services (Non-Sworn)
County Workforce) 4 50 50 X
Working-Age Population X 54 46 810
Underrepresentation X -4 X X
32 The total number of people who had worked for the County at least one day during the 2018 calendar year.
88
HEALTH SERVICES
2018 OUTREACH AND RECRUITMENT DATA
3668 EMPLOYEES
RACE AND ETHNICITY
Demographics by
Race and Ethnicity33
White
(%)
Black
(%)
Hispanic
(%)
Asian
(%)
Native
Hawaiian/
Pacific
Islander
(%)
American
Indian/
Alaska
Native
(%)
Two or
More Races
(%)
Officials and Administrators
County Workforce 61 14 10 9 1 0 5
Working-Age
Population
66 7 10 14 1 0 2
Underrepresentation X X 0 -5 0 0 X
Professionals
County Workforce 42 13 12 21 1 0 11
Working-Age
Population
60 7 9 21 0 0 2
Underrepresentation -18 X X 0 X 0 X
Technicians
County Workforce 25 21 22 22 1 1 8
Working-Age
Population
51 7 10 27 0 1 2
Underrepresentation -26 X X -5 X 0 X
Administrative Services
County Workforce 30 18 36 9 1 1 5
Working-Age
Population
53 10 19 15 1 0 2
Underrepresentation -23 X X -6 0 X X
Service Maintenance
County Workforce 22 22 33 17 1 0 5
Working-Age
Population
33 10 42 12 0 0 1
Underrepresentation -11 X -9 X X 0 X
Protective Services (Non-Sworn)
County Workforce 50 0 25 0 0 25 0
Working-Age
Population
65 1 22 8 0 0 5
Underrepresentation -15 -1 X -8 0 X -5
33 The Census Bureau categorizes ethnicity into two categories: Hispanic or Latino OR not Hispanic or Latino. The terms "Hispani c," "Latino," and "Spanish" are used
interchangeably. Some respondents identify with all three terms while others may identify with only one of these three specif ic terms. Hispanics or Latinos who identify with the
terms "Hispanic," "Latino," or "Spanish" are those who classify themselves in one of the specific Hispanic, Latino, or Spanish categories as Mexican, Puerto Rican, or Cuban. People
who do not identify with one of the specific origins listed indicate that they are "another Hispanic, Latino, or Spanish origin" are those whose origins are from Spain, the Spanish-
speaking countries of Central or South America, or the Dominican Republic.
89
HEALTH SERVICES
OUTREACH AND RECRUITMENT PLAN
FY 2019-2020
Issue: As of December 31, 2018, Contra Costa Health Services’ statistical data showed
under-representation of the following:
Males in Officials and Administrators, Professionals, Technicians and
Administrative Services.
Whites in Professional, Technical, Administrative Services, Service
Maintenance and Protective Services Non-Sworn positions.
Hispanics in Service Maintenance positions
Asians in Protective Services Non-Sworn positions.
The Health Services Department has nine Divisions providing health care and
emergency response services to the residents of Contra Costa County. The majority
of our professional classifications are dominantly held by women. Per data from the
United States Department of Labor, there is a disproportionate representation of
women in certain professions such as Registered Nurse, Social Worker, Medical
and Health Services Manager, Counselor, and Human Resources Manager.
The Department conducts its own recruitment and strives to reach a diverse
applicant pool by utilizing the County’s Outreach Mailing List consistently in addition
to posting our job announcements online to popular websites such as Craigslist,
Indeed and Monster, and distribution to health profess ional organizations and
community agencies.
Objective: Increase the applicant pool of Male and White, Hispanic, and Asian candidates who
meet the minimum qualifications and maintain a diverse workforce within the Health
Services Department.
Message: The Department will continue to utilize the County’s List of community/faith based
organizations and work with SPIN Recruitment Agency by posting our job
announcements to popular websites such as Indeed, Monster, and Craigslist and
90
expand to non-traditional sites. In addition, we participate in local job/career fairs,
and partner with our Division Managers to look for innovative ways to attract
qualified candidates from affiliated organizations, local colleges and universities.
Tools: Community/Faith based organizations
Websites geared toward Males and Whites
Publications geared toward Males and Whites
Local job/career fairs
Colleges and Universities
Professional Organizations
Message Distribution
STRATEGY
ELEMENT
TASKS
Utilize the County’s
community/faith based
organization list
Print Media/Internet Continue to send job
announcements thru General
Services to ALL
community/faith based
organizations
Expand outreach to focused
websites and organizations
Internet/Electronic Continue to work with SPIN
Recruitment Agency to
identify websites and
organizations geared toward
underrepresented categories
and post job announcements
online
Expand outreach to
publications
Print/Publication Work with SPIN Recruitment
Agency to identify
publications geared toward
underrepresented categories
and post job announcements
Attend local job and career
fairs.
Personal Contact Attend job fairs to distribute
information on the
department’s vacancies and
connect to candidates in
person
Expand outreach to colleges
and universities
Internet/Computer/Personal
Contact
Work with Division Managers
who have affiliations with
local colleges/universities
such as UC Davis, UC
Berkeley, UCSF, Holy
Names, Mills, Kaiser Allied
Health, etc…
91
Expand outreach to
professional organizations
Internet/Computer/Personal
Contact
Work closely with Hiring
Managers who have
affiliations with professional
organizations and send job
announcements
electronically
Contact: Jo-Anne Linares, Jo-Anne.Linares@cchealth.org
(925) 957-5240
92
HUMAN RESOURCES
The Office of EEO analyzed the workforce underrepresentation within each department as of
December 31, 2018. EEO compared the department’s workforce statistical data from December
31, 2018 to help determine the effectiveness of the County’s outreach program. The job
occupational categories and definitions are listed below.
Officials and Administrators: Occupations in which employees set broad policies, exercise
overall responsibility for execution of these policies, or direct individual departments or
special phases of the agency's operations, or provide specialized consultation on a regional,
district or area basis such as Department Heads.
Professionals: Occupations which require specialized and theoretical knowledge which is
usually acquired through college training, work experience and other training which provides
comparable knowledge such as HR professionals, accountants, and attorneys.
Administrative Support: Occupations in which workers are responsible for internal and
external communications, recording, and retrieval of data and/or information and other
paperwork required in an office such as secretaries, administrative office assistants, and
police clerks.
93
HUMAN RESOURCES
2018 OUTREACH AND RECRUITMENT DATA
37 EMPLOYEES
GENDER
Demographics
By Gender
Total
Department
Workforce34
Male
(%)
Female
(%)
Working-Age
Population by
Job Category
Officials and Administrators
County Workforce 4 0 100 X
Working-Age
Population
X 58 42 82,930
Underrepresentation X -58 X X
Professionals
County Workforce 12 25 75 X
Working-Age
Population
X 46 54 108045
Underrepresentation X -21 X X
Administrative Support
County Workforce 21 14 86 X
Working-Age
Population
X 38 62 141,985
Underrepresentation X -24 X X
34 The total number of people who had worked for the County at least one day during the 2018 calendar year.
94
HUMAN RESOURCES
2018 OUTREACH AND RECRUITMENT DATA
37 EMPLOYEES
RACE AND ETHNICITY
Demographics by
Race
and Ethnicity35
White
(%)
Black
(%)
Hispanic
(%)
Asian
(%)
Native
Hawaiian/
Pacific
Islander
(%)
American
Indian
Alaska
Native
(%)
Two or More
Races
(%)
Officials and Administrators
County Workforce 100 0 0 0 0 0 0
Working-Age 66 7 10 14 1 0 2
Underrepresentation X -7 -10 -14 -1 X -2
Professionals
County Workforce 58 18 8 8 8 0 0
Working-Age 60 7 9 21 0 0 2
Underrepresentation -2 X -1 -13 X X -2
Administrative Support
County Workforce 33 19 33 14 0 0 0
Working-Age 53 10 19 15 1 0 2
Underrepresentation -20 X X -1 -1 X -2
35 The Census Bureau categorizes ethnicity into two categories: Hispanic or Latino OR not Hispanic or Latino. The terms "Hispanic," "Latino," and "Spanish" are used
interchangeably. Some respondents identify with all three terms while others may identify with only one of these three specif ic terms. Hispanics or Latinos who identify with the
terms "Hispanic," "Latino," or "Spanish" are those who classify themselves in one of the specific Hispanic, Latino, or Spanis h categories as Mexican, Puerto Rican, or Cuban. People
who do not identify with one of the specific origins listed indicate that they are "another Hispanic, Latino, or Spanish origin" are those whose origins are from Spain, the Spanish-
speaking countries of Central or South America, or the Dominican Republic.
95
HUMAN RESOURCES
OUTREACH AND RECRUITMENT PLAN
FY 2019-2020
Issue: The Board of Supervisors remains committed to maintaining a diverse and inclusive
workforce which is reflective of the communities that we serve. The Human Resources
Department statistical data for gender underrepresentation is listed below:
Male
• Officials and Administrators - 58%
• Professionals - 21%
• Administrative Support - 24%
White
• Administrative Support - 20%
Black
• Officials and Administrators - 7%
Hispanic
• Officials and Administrators - 10%
Asian
• Officials and Administrators - 14%
• Professionals - 13%
Objective: Increase outreach to underrepresented candidates for positions in the Human
Resources Department.
Message: The department will continue to develop and utilize innovative recruitment tools to
attract a diverse applicant pool of qualified candidates desiring a career in government human
resources including advertising employment opportunities on websites that will reach a more
diverse workforce.
96
Tools: Our current recruitment strategies include distribution of all County job opportunities to a
vast number of community and faith based organizations, colleges, cities, employment placement
services, including our own county offices, such as the Contra Costa County Library, Veterans
Services and the Employment and Human Services Department.
Our plan is to post vacancies on websites to include: CareersinGovernment, Monster, Hot Jobs,
Craigslist, CareerBuilder, Dice, Indeed, Bay Area Careers, SimplyHired, etc. and social media
sites such as Facebook, Instagram, Twitter and LinkedIn.
We will also reach out to select universities including University of California, Berkeley, University
of California, Los Angeles, University of California, Davis. Local colleges such as Cal State East
Bay, Los Medanos and Diablo Valley as well as other adult schools in the area will be targeted.
We will continue to post on sites geared toward human resources professionals such as SHRM,
CALPELRA and IPMA.
Message Distribution
STRATEGY
ELEMENT
TASKS
Attend job and career fairs
geared towards recruiting
underrepresented candidates
Personal Contact Attend at least 4 job and
career fairs during the fiscal
year to distribute information
on the department’s
vacancies.
Partner with community/faith
based organizations to reach a
diverse candidate pool.
Personal Contact Create professional
relationships and partner with
community based
organizations such as the
Monument Crisis Center, the
RYSE Center, etc..
Research employment
websites and register to join
the online community.
Internet/Computer Advertise employment
opportunities on targeted
websites that will reach
underrepresented candidates
Partner with our local adult
schools and community
colleges to attract and recruit
students to consider careers in
Human Resources.
Personal Contact with College
Counselors and Advisors
Reach out to local adult
schools and junior colleges
such as Martinez Adult School,
Mt, Diablo Adult Education,
West Contra Costa Adult
Education, Loma Vista Adult
Education, Acalanes Adult
Education Diablo Valley
College, and Los
Medanos College
97
Increase utilization of social
media
Internet/Computer Advertise employment
opportunities on Facebook,
Instagram, Twitter and
LinkedIn.
Contact: Barbara Vargen-Kotchevar, Human Resources Department
(925) 335-1751
98
LIBRARY
The Office of EEO analyzed the workforce underrepresentation within each department as of
December 31, 2018. EEO compared the department’s workforce statistical data from December
31, 2018 to help determine the effectiveness of the County’s outreach program. The job
occupational categories and definitions are listed below.
Officials and Administrators: Occupations in which employees set broad policies,
exercise overall responsibility for execution of these policies, or direct individual
departments or special phases of the agency's o perations, or provide specialized
consultation on a regional, district or area basis such as Department Heads.
Professionals: Occupations which require specialized and theoretical knowledge which is
usually acquired through college training, work experience and other training which
provides comparable knowledge such as HR professionals, accountants, and attorneys.
Technicians: Occupations which require a combination of basic scientific or technical
knowledge and manual skill which can be obtained through specialized post -secondary
school education or through equivalent on-the-job training such as laboratory analysts and
civil engineering assistants.
Administrative Support: Occupations in which workers are responsible for internal and
external communications, recording, and retrieval of data and/or information and other
paperwork required in an office such as secretaries, administrative office assistants, and
police clerks.
99
LIBRARY
2018 OUTREACH AND RECRUITMENT DATA
311 EMPLOYEES
GENDER
Demographics
By Gender
Total
Department
Workforce36
Male
(%)
Female
(%)
Working-Age
Population by
Job Category
Officials and Administrators
Officials and
Administrators
2 0 100 X
Working-Age
Population
X 58 42 82,930
Underrepresentation X -58 X X
Professionals
Professionals 64 14 86 X
Working-Age
Population
X 46 54 108,045
Underrepresentation X -32 X X
Technicians
Technicians 5 60 40 X
Working-Age
Population
X 51 49 13,265
Underrepresentation X X -9 X
Administrative Support
Administrative
Support
240 23 77 X
Working-Age
Population
X 38 62 141,985
Underrepresentation X -15 X X
36 The total number of people who had worked for the County at least one day during the 2018 calendar year.
100
LIBRARY
2018 OUTREACH AND RECRUITMENT DATA
311 EMPLOYEES
RACE AND ETHNICITY
Demographics by
Race and Ethnicity37
White
(%)
Black
(%)
Hispanic
(%)
Asian
(%)
Native
Hawaiian/
Pacific
Islander
(%)
American
Indian/
Alaska
Native
(%)
Two or
more
Races
(%)
Officials and Administrators
County Workforce 50 0 50 0 0 0 0
Working-Age
Population
66 7 10 14 1 0 2
Underrepresentation -16 -7 X -14 -1 X -2
Professionals
County Workforce 80 0 9 5 0 0 6
Working-Age
Population
60 7 9 21 0 0 2
Underrepresentation X -7 X -16 X X X
Technicians
County Workforce 60 0 0 20 0 0 20
Working-Age
Population
51 7 10 27 0 1 2
Underrepresentation X -7 -10 -7 X -1 X
Administrative Support
County Workforce 59 7 14 9 2 0 9
Working-Age
Population
53 10 19 15 1 0 2
Underrepresentation X -3 -5 -6 X X X
37 The Census Bureau categorizes ethnicity into two categories: Hispanic or Latino OR not Hispanic or Latino. The terms "Hispani c," "Latino," and "Spanish" are used
interchangeably. Some respondents identify with all three terms while others may identify with only one of these three specific terms. Hisp anics or Latinos who identify with the
terms "Hispanic," "Latino," or "Spanish" are those who classify themselves in one of the specific Hispanic, Latino, or Spanish categories as Mexican, Puerto Rican, or Cuban. People
who do not identify with one of the specific origins listed indicate that they are "another Hispanic, Latino, or Spanish origin" are those whose origins are from Spain, the Spanish-
speaking countries of Central or South America, or the Dominican Republic.
101
LIBRARY
OUTREACH AND RECRUITMENT PLAN
FY 2019-2020
Issue: The Board of Supervisors remains committed to maintain a diverse and inclusive
workforce which is reflective of the communities that we serve.
According to the December 31, 2018 Contra Costa County Outreach and
Recruitment Data Report, males are under-represented in the Library
Department by the following percentage in the three (3) occupational categories
noted below:
Officials and Administrators: 58%
Professionals: 32%
Administrative Support: 15%
Females are under-represented in one (1) occupational category:
Technicians: 9%
In addition, demographics by race and ethnicity show an underrepresentation of
Whites by 16%, Asians by 14%, and Blacks by 7% in the Officials and
Administrators occupational category, an underrepresentation of Asians by 16%
and Blacks by 7% in the Professionals occupational category, and an
underrepresentation of Hispanics by 10%, Blacks by 7% and Asians by 7% in
the Technicians occupational category.
Objective: Ensure that the Library workforce reflects the diversity of the County by
continuing to diversify staff in all Library work units while increasing the presence
of males, Whites, Blacks, Hispanics and Asians within the workforce.
The Library currently meets this objective in the following areas:
Demographics by race and ethnicity in the Administrative Support
Occupational Category.
102
Message: The Library will continue to conduct targeted outreach efforts to in order to create
a more diverse applicant pool of qualified candidates to apply for vacant
positions. This effort will continue to be a part of the Library’s overall Marketing
Communications Plan developed in support of the Library’s strategic goal of
promoting its value, programs and opportunities to the community.
Measurement: The Library will conduct an annual review of applicants as well as employees
hired and promoted.
Tools: Social media
Local job fairs and career days
Local community based events
Websites geared towards helping men find employment
Bridge to Success pilot program
Informational bookmarks
Other Library literature
Message Distribution
STRATEGY
ELEMENT
TASKS
Participate in job and career
fairs, attend community
events, and staff employer
recruiter booth.
Network with local community
colleges and universities to
increase the applicant pool
and explain the Library’s
recruitment mission, strategic
plan and goals.
Personal Contact/Outreach
and Engagement
The Libraries will continue to
participate in local community
events that target
underserved populations.
We will inform and promote
community library job and
volunteer opportunities.
Community Events:
California Library
Association (CLA)
Conference
High School Career
Days
Job Fairs:
Diablo Valley Career
Fair / Open House
San Jose State Public
Service Career Fair
103
Update promotional
bookmark or brochure
explaining outreach objective
for each external recruitment.
Publication/Print Media Distribute and promote
recruitments at all 26 Library
locations.
Update and expand existing
list of websites where job
vacancies are posted to
include websites that are
geared towards males and
others.
Internet/Computer
Personal Contact/Outreach
and Engagement
Research employment
websites for males.
Research employment
websites for others.
Contact, register and post
vacancies at:
Asian-jobs.com
Diversity.com
ncfm.org (National
Coalition for Men)
naaapsf.org (National
Association of Asian
American
Professionals)
Shelter, Inc.
Salvation Army
League of San
Francisco
Expanded CLA
mailing lists
Utilize social media to expand
exposure of open job
opportunities.
Electronic Media Post link to open job
opportunities on the
Department’s Facebook
page.
104
Participate in Bridge to
Success Pilot Program for
individuals with
developmental disabilities.
Recruitment Monitor One (1) 40/40 Clerk-
Beginning Level Project
position, Cancel One (1)
40/40 Clerk Beginning Level
Project position and add two
(2) 20/40 Clerk Beginning
Level Project positions. Hire
two (2) part time employees
and evaluate performance on
a quarterly basis.
Contact: Beth A. Kilian, Administrative Services Officer
bkilian@ccclib.org
105
PROBATION
The Office of EEO analyzed the workforce underrepresentation within each department as of
December 31, 2018. EEO compared the department’s workforce statistical data from December
31, 2018 to help determine the effectiveness of the County’s outreach program. The job
occupational categories and definitions are listed below.
Officials and Administrators: Occupations in which employees set broad policies,
exercise overall responsibility for execution of these policies, or direct individual
departments or special phases of the agency's operations, or provide specialized
consultation on a regional, district or area basis such as Department Heads.
Professionals: Occupations which require specialized and theoretical knowledge which is
usually acquired through college training, work experience and other training which
provides comparable knowledge such as HR professionals, accountants, and attorneys.
Technicians: Occupations which require a combination of basic scientific or technical
knowledge and manual skill which can be obtained through specialized post -secondary
school education or through equivalent on-the-job training such as laboratory analysts and
civil engineering assistants.
Administrative Support: Occupations in which workers are responsible for internal and
external communications, recording, and retrieval of data and/or information and other
paperwork required in an office such as secretaries, administrative office assistants, and
police clerks.
Service-Maintenance: Occupations in which workers perform duties that result in or
contribute to the comfort, convenience, hygiene or safety of the general public such as
maintenance workers and custodians.
Protective Service Workers (Sworn): Occupations in which workers are entrusted with
public safety, security and protection from destructive forces.
Protective Service Workers (Non-Sworn): Occupations that perform technical and
support work in safety or law enforcement work, which does not require a sworn person.
Examples include community service officers and animal control officers.
106
PROBATION
2018 OUTREACH AND RECRUITMENT DATA
339 EMPLOYEES
GENDER
Demographics By
Gender
Total
Department
Workforce38
Male
(%)
Female
(%)
Working-Age
Population by
Job Category
Officials and Administrators
County Workforce 13 54 46 X
Working-Age X 58 42 82,930
Underrepresentation X -4 X X
Professionals
County Workforce 30 57 43 X
Working-Age X 46 54 108,045
Underrepresentation X X -11 X
Technicians
County Workforce 3 100 0 X
Working-Age X 51 49 13,265
Underrepresentation X X -49 X
Administrative Support
County Workforce 40 8 92 X
Working-Age X 38 62 141,985
Underrepresentation X -30 X X
Service Maintenance
County Workforce 16 81 19 X
Working-Age X 58 42 122,730
Underrepresentation X X -23 X
Protective Services (Sworn)
County Workforce 106 42 58 X
Working-Age X 82 18 9,480
Underrepresentation X -40 X X
Protective Services (Non-Sworn)
County Workforce 131 60 40 X
Working-Age X 54 46 810
Underrepresentation X X -6 X
38 The total number of people who had worked for the County at least one day during the 2018 calendar year.
107
PROBATION
2018 OUTREACH AND RECRUITMENT DATA
339 EMPLOYEES
RACE AND ETHNICITY
Demographics by Race
and Ethnicity39
White
(%)
Black
(%)
Hispanic
(%)
Asian
(%)
Native
Hawaiian/
Pacific
Islander
(%)
American
Indian
Alaska
Native
(%)
Two or
More Races
(%)
Officials and Administrators
County Workforce 54 31 8 0 0 0 7
Working-Age Population 66 7 10 14 1 0 2
Underrepresentation -12 X -2 -14 -1 X X
Professionals
County Workforce 60 17 17 3 0 0 3
Working-Age Population 60 7 9 21 0 0 2
Underrepresentation X X X -18 X X X
Technicians
County Workforce 100 0 0 0 0 0 0
Working-Age Population 51 7 10 27 0 1 2
Underrepresentation X -7 -10 -27 X -1 -2
Administrative Services
County Workforce 50 17 10 18 0 0 5
Working-Age Population 53 10 19 15 1 0 2
Underrepresentation -3 X -9 X -1 X X
Service Maintenance
County Workforce 31 38 19 6 0 0 6
Working-Age Population 33 10 42 12 0 0 1
Underrepresentation -2 X -23 -6 X X X
Protective Services (Sworn)
County Workforce 37 30 25 4 0 0 4
Working-Age Population 53 15 15 10 3 0 3
Underrepresentation -16 X X -6 -3 X X
Protective Services (Non-Sworn)
County Workforce 28 34 28 4 1 1 4
Working-Age Population 65 1 22 8 0 0 5
Underrepresentation -37 X X -4 X X -1
39 The Census Bureau categorizes ethnicity into two categories: Hispanic or Latino OR not Hispanic or Latino. The terms "Hispanic," "Latino," and "Spanish" are used
interchangeably. Some respondents identify with all three terms while others may identify with only one of these three specif ic terms. Hispanics or Latinos who identify with the
terms "Hispanic," "Latino," or "Spanish" are those who classify themselves in one of the specific Hispanic, Latino, or Spanis h categories as Mexican, Puerto Rican, or Cuban. People
who do not identify with one of the specific origins listed indicate that they are "another Hispanic, Latino, or Spanish origin" are those whose origins are from Spain, the S panish-
speaking countries of Central or South America, or the Dominican Republic.
108
PROBATION
OUTREACH AND RECRUITMENT PLAN
FY 2019-2020
Issue: The Board of Supervisors remains committed to maintain a diverse and inclusive
workforce, which is reflective of the communities that we serve. As of December
31, 2018, the Probation Department’s statistical data indicates the following:
Females are underrepresented in Professional, Technical, and Service
Maintenance positions;
Males are underrepresented in Administrative Support and Protective
Service (Sworn) positions;
Whites are underrepresented in Officials and Administration, and Protective
Services (Sworn and Non-sworn) positions;
Blacks are underrepresented in Technician positions;
Hispanics are underrepresented in Technician, Administrative Services and
Service Maintenance positions;
Asians are underrepresented in Official and Administrator, Professional, and
Technician positions;
Objective: Increase the applicant flow of underrepresented groups within our workforce by
conducting specific outreach and recruitment efforts to educational and vocational
training service providers, professional organizations, and online recruitment and
employment resource sites who serve the populations listed above.
Message: Probation will conduct strategic outreach efforts with the groups and organizations
listed above and online websites that serve those populations where we have
underrepresentation. The proactive measures will help to create a more diverse
applicant pool of qualified candidates to apply for departmental vacancies.
109
Tools: Local job fairs and career days
Local Adult Education and vocational training programs
Local colleges and universities
Websites geared towards helping underrepresented populations find employment
Informational brochures
Social Media Sources
Chief Probation Officers of California (CPOC) Website
Message Distribution
STRATEGY
ELEMENT
TASKS
Outreach to diverse
colleges and
universities with
criminal justice and
corrections related
degree programs
Personal Contact Create professional relationships and
partner with local colleges such as
DVC, Los Medanos, and Cal State East
Bay to make presentations in classes,
and provide organized tours of facilities
for students
Outreach to diverse
Adult Education and
vocational training
programs with technical
and administrative
support skill
development programs
Personal Contact Create professional relationships and
partner with local education programs
such as the five regional Adult
Education centers, and the Contra
Costa County Office of Education
Increase ease of
communicating
employment
opportunities, minimum
qualifications for hire,
and applicant
processes through
printed resource
material
Publication / Print
Media
Create recruitment fliers to be
disseminated by staff when they come
in contact with potential job applicants
Use employment
websites focused on
the underrepresented
populations
Internet/Computer Register with websites such as
http://www.opportunityjunction.org/ and
http://www.eastbayworks.com/cccounty/
110
https://www.cpoc.org/employment-
opportunities
to post vacancies and open
recruitments
Attend job and career
fairs focused on the
underrepresented
populations
Personal Contact Attend at least three job and career
fairs during the fiscal year sponsored by
organizations that identify with diverse
populations
Contact: Jeff Waters
Jeff.waters@prob.cccounty.us
111
PUBLIC DEFENDER
The Office of EEO analyzed the workforce underrepresentation within each department as of
December 31, 2018. EEO compared the department’s workforce statistical data from December
31, 2018 to help determine the effectiveness of the County’s outreach program. The job
occupational categories and definitions are listed below.
Officials and Administrators: Occupations in which employees set broad policies,
exercise overall responsibility for execution of these policies, or direct individual
departments or special phases of the agency's operations, or provide specialized
consultation on a regional, district or area basis such as Department Heads.
Professionals: Occupations which require specialized and theoretical knowledge which is
usually acquired through college training, work experience and other training which
provides comparable knowledge such as HR professionals, accountants, and attorneys.
Administrative Support: Occupations in which workers are responsible for internal and
external communications, recording, and retrieval of data and/or information and other
paperwork required in an office such as secretaries, administrative office assistants, and
police clerks.
112
PUBLIC DEFENDER
2018 OUTREACH AND RECRUITMENT PLANS
135 EMPLOYEES
GENDER
Demographics
By Gender
Total
Department
Workforce40
Male
(%)
Female
(%)
Working-Age
Population
by Job
Category
Officials and Administrators
Officials and
Administrators
11 18 82 X
Working-Age
Population
X 58 42 82,930
Underrepresentation X -40 X X
Professionals
Professionals 90 34 66 X
Working-Age
Population
X 46 54 108045
Underrepresentation X -12 X X
Administrative Support
Administrative
Support
34 21 79 X
Working-Age
Population
X 38 62 141,985
Underrepresentation X -17 X X
40 The total number of people who had worked for the County at least one day during the 2018 calendar year.
113
PUBLIC DEFENDER
2018 OUTREACH AND RECRUITMENT PLANS
135 EMPLOYEES
RACE AND ETHNICITY
Demographics by
Race and
Ethnicity41
White
(%)
Black
(%)
Hispanic
(%)
Asian
(%)
Native
Hawaiian/
Pacific
Islander
(%)
American
Indian/
Alaska
Native
(%)
2 or more
Races
(%)
Officials and Administrators
County Workforce 73 9 0 9 0 9 0
Working-Age
Population
66 7 10 14 1 0 2
Underrepresentatio
n
X X -10 -5 -1 X -2
Professionals
County Workforce 57 14 16 3 0 0 10
Working-Age
Population
60 7 9 21 0 0 2
Underrepresentatio
n
-3 X X -18 X X X
Administrative Support
County Workforce 12 35 44 9 0 0 0
Working-Age
Population
53 10 19 15 1 0 2
Underrepresentatio
n
-41 X X -6 -1 X -2
41 The Census Bureau categorizes ethnicity into two categories: Hispanic or Latino OR not Hispanic or Latino. The terms "Hispani c," "Latino," and "Spanish" are used
interchangeably. Some respondents identify with all three terms while others may identify with only one of these three specific terms. Hispanics or Latinos who identify with the
terms "Hispanic," "Latino," or "Spanish" are those who classify themselves in one of the specific Hispanic, Lati no, or Spanish categories as Mexican, Puerto Rican, or Cuban. People
who do not identify with one of the specific origins listed indicate that they are "another Hispanic, Latino, or Spanish origin" are those whose origins are from Spain, the Spanish-
speaking countries of Central or South America, or the Dominican Republic.
114
PUBLIC DEFENDER
OUTREACH AND RECRUITMENT PLAN
FY 2019-2020
Issue: The Board of Supervisors remains committed to maintain a diverse and
inclusive workforce which is reflective of the communities that we serve. As of
December 31, 2018, the Office of the Public Defender workforce statistical data
indicates the following:
Males are underrepresented in the Officials and
Administrators, Professionals and Administrative Support
positions;
Whites are underrepresented in the Administrative Support positions.
Hispanics are underrepresented in Officials and Administrator
positions; and
Asians are underrepresented in Professional Positions.
Objectives:
Increase the applicant flow of underrepresented groups within our Department’s
workforce by conducting specific outreach and targeted recruitment efforts to
Community/Faith Based Organizations, Professional Groups and online
recruitment sites who serve the populations listed above.
Message: The Department will continue to conduct strategic and targeted outreach efforts
to traditionally underrepresented racial minorities, in order to create a more
diverse applicant pool of qualified candidates to apply for vacant positions.
Tools: We will continue to increase the pool of eligible applicants for positions in the
department by targeting outreach to local colleges, universities and law schools
with our above objectives in mind.
Accomplishments: Our Department is primarily financed through the general fund;
therefore, we are limited in the number of positions that we are a ble to fill through attrition
vacancies. However, we have recently been successful in securing outside grant funding for
some positions. In the future we will continue to strive to hire into these positions from a broad
applicant pool with a focus on our underrepresented categories.
Finally, to maintain the diversity of our workforce, the Department Head has formed a diversity
115
committee to actively recruit minority attorney and graduate law clerk applicants from a diverse
array of law schools. The Department strives to promote diversity and achieve gender-balance
in the graduate law clerk pool, as this group is a significant source of applicants for the entry-
level attorney positions. Although the workforce of this Department represents only a small
portion of the County’s overall workforce, because of the significant diversity in our client
population, we are uniquely focused and committed to achieving the County EEO and
Recruitment targets.
Message Distribution
STRATEGY
ELEMENT
TASKS
Network with Universities
such as Cal State East Bay,
UCLA, USC, UC Davis, SF
State, USF Golden Gate
Univ. and local Community
Colleges as well as local
High Schools
to increase the applicant pool
and explain the Office of the
Public Defender’s outreach
and recruitment mission and
goals
Publication
Print Media
Reach out to Academic
Career Advisors and Alumni
Relations to explain the
department’s goal of
increasing the pool of
qualified males; send
informational letters local
High Schools and
Community Colleges.
Attend local job and diversity
fairs at UC Hastings; Cal
State East Bay, UC Davis,
SF State, USF
Golden Gate Univ.
Personal Contact Attend and provide flyers that
can be distributed at job and
diversity fairs; explain
department goals to attain
diversity and gender-balance
in the workforce.
Email job vacancies to local
colleges, universities and law
schools to reach a greater
applicant pool
Electronic Send job announcements of
vacancies via email including
the department goals of
attracting a workforce that is
diverse and gender-
balanced.
Contact: Joanne Sanchez-Rosa, Administrative Services Officer 925-335-8065
Joanne.Sanchez-Rosa@pd.cccounty.us
116
PUBLIC WORKS
The Office of EEO analyzed the workforce underrepresentation within each department as of
December 31, 2018. EEO compared the department’s workforce statistical data from December
31, 2018 to help determine the effectiveness of the County’s outreach program. The job
occupational categories and definitions are listed below.
Officials and Administrators: Occupations in which employees set broad policies,
exercise overall responsibility for execution of these policies, or direct individual
departments or special phases of the agenc y's operations, or provide specialized
consultation on a regional, district or area basis such as Department Heads.
Professionals: Occupations which require specialized and theoretical knowledge which is
usually acquired through college training, work experience and other training which
provides comparable knowledge such as HR professionals, accountants, and attorneys.
Technicians: Occupations which require a combination of basic scientific or technical
knowledge and manual skill which can be obtained through specialized post -secondary
school education or through equivalent on-the-job training such as laboratory analysts and
civil engineering assistants.
Administrative Support: Occupations in which workers are responsible for internal and
external communications, recording, and retrieval of data and/or information and other
paperwork required in an office such as secretaries, administrative office assistants, and
police clerks.
Skilled Crafts: Occupations in which workers perform jobs which require special manual
skill and a thorough and comprehensive knowledge of the processes involved such as
electricians and tree trimmers.
Service-Maintenance: Occupations in which workers perform duties that result in or
contribute to the comfort, convenience, hygiene or safety of the gene ral public such as
maintenance workers and custodians.
117
PUBLIC WORKS
2018 OUTREACH AND RECRUITMENT DATA
373 EMPLOYEES
GENDER
Demographics
By Gender
Total
Department
Workforce42
Male
(%)
Female
(%)
Working-Age
Population by Job
Category
Officials and Administrators
County Workforce 15 80 20 X
Working-Age Population X 58 42 82,930
Underrepresentation X X -22 X
Professionals
County Workforce 91 49 51 X
Working-Age Population X 46 54 108045
Underrepresentation X X -3 X
Technicians
County Workforce 37 78 22 X
Working-Age Population X 51 49 13,265
Underrepresentation X X -27 X
Administrative Support
County Workforce 56 36 64 X
Working-Age Population X 38 62 141,985
Underrepresentation X -2 X X
Skilled Craft
County Workforce 65 98 2 X
Working-Age Population X 95 5 41,025
Underrepresentation X X -3 X
Service Maintenance
County Workforce 109 85 15 X
Working-Age Population X 58 42 122,730
Underrepresentation X X -27 X
42 The total number of people who had worked for the County at least one day during the 2018 calendar year.
118
PUBLIC WORKS
2018 OUTREACH AND RECRUITMENT DATA
373 EMPLOYEES
RACE AND ETHNICITY
Demographics by Race
and Ethnicity43
White
(%)
Black
(%)
Hispanic
(%)
Asian
(%)
Native
Hawaiian/
Pacific
Islander
(%)
American
Indian/
Alaska
Native
(%)
2 or more
Races
(%)
Officials and Administrators
County Workforce 67 0 13 7 0 0 13
Working-Age Population 66 7 10 14 1 0 2
Underrepresentation X -7 X -7 -1 X X
Professionals
County Workforce 59 4 13 18 0 0 6
Working-Age Population 60 7 9 21 0 0 2
Underrepresentation -1 -3 X -3 X X X
Technicians
County Workforce 73 0 8 0 5 3 11
Working-Age Population 51 7 10 27 0 1 2
Underrepresentation X -7 -2 -27 X X X
Administrative Support
County Workforce 48 7 18 20 3 2 2
Working-Age Population 53 10 19 15 1 0 2
Underrepresentation X -3 -1 X X X X
Service Maintenance
County Workforce 38 18 35 6 0 1 2
Working-Age Population 33 10 42 12 0 0 1
Underrepresentation X X -7 -6 X X X
Skilled Craft Workers
County Workforce 60 8 17 9 0 3 3
Working-Age Population 49 6 35 7 1 0 1
Underrepresentation X X -18 X -1 X X
43 The Census Bureau categorizes ethnicity into two categories: Hispanic or Latino OR not Hispanic or Latino. The terms "Hispanic," "Latino," and "Spanish" are used
interchangeably. Some respondents identify with all three terms while others may identify with only one of these three specif ic terms. Hispanics or Latinos who identify with the
terms "Hispanic," "Latino," or "Spanish" are those who classify themselves in one of the specific Hispanic, Latino, or Spanis h categories as Mexican, Puerto Rican, or Cuban. People
who do not identify with one of the specific origins listed indicate that they are "another Hispanic, Latino, or Spanish origin" are those whose origins are from Spain, the Spanish-
speaking countries of Central or South America, or the Dominican Republic.
119
CONTRA COSTA COUNTY
PUBLIC WORKS DEPARTMENT
OUTREACH AND RECRUITMENT PLAN
FY 2019-2020
Issue: The Board of Supervisors remains committed to maintain a diverse and inclusive
workforce which is reflective of the communities we serve. As of December 31,
2018, the Public Works Department statistical data indicates the following:
Women are underrepresented in Officials and Administrators, Technical,
and Service Maintenance positions.
Latinos are underrepresented in Skilled Craft and Service Maintenance
positions.
African Americans are underrepresented in Officials and Administrators and
Technical positions.
Asian Americans are underrepresented in Officials and Administrators and
Technical positions.
Objective: Increase the applicant flow of underrepresented groups within our workforce by
conducting specific outreach and targeted recruitment efforts to Community/Faith
Based Organizations, Professional Groups and online recruitment sites who serve
the populations listed above.
Message: The Public Works Department will conduct strategic and targeted recruitment
efforts to create a more diverse applicant pool of qualified candidates for vacant
positions. We will electronically send these organizations recruitment information
for all open positions within the department during the fiscal year. This targeted
recruitment method will help to create a more diverse applicant pool of qualified
candidates to apply for Public Works positions.
Tools:
Community/ faith based organizations
Local job fairs and career days
Colleges and universities
University journals and alumni associations
120
Websites that cater to our target audiences
Create and distribute informational brochures
Work with education sector to identify potential student interns interested in
Public Works careers
Message Distribution
STRATEGY
ELEMENT
TASKS
Create brochure that
explains the Public Works
department outreach and
recruitment mission and
goals.
Publication and
Print Media
Send brochures to CBOs such as
Rubicon, St. Vincent de Paul of
Alameda and Contra Costa Counties,
Job Train, and Green Job Corps.
Brochures will also be distributed at
job and career fairs, as well as
conferences and seminars.
Attend job and career fairs
that serve women and
people of color
Personal Contact Attend at least 2 job fairs hosted by
colleges, universities, community
based organizations and professional
organizations that serve women and
people of color.
Post job vacancies online to
reach Public Works target
audience.
Electronic Post job opportunities on websites
that target job seekers that are
women and people of color, such as
tradeswomen.org, womenforhire.com;
Society for Black Engineers, Society
for Women Engineers, Society for
Hispanic Engineers, etc.
Develop relationships with
organizations that have
apprentice and training
programs for trades
occupations
Personal contact Partner with local CBOs,
apprenticeship, and training programs
for trades occupations (i.e. Green Job
Corps, Treasure Island Job Corps,
and Job Train), to assist the
department in identifying a diverse
pool of candidates that may be
interested in applying for Public Works
positions.
Develop relationships with
colleges, trade schools and
universities to participate in
job fairs and advertise job
opportunities.
Personal contact Partner with community colleges,
trade schools and California
universities to attend their sponsored
job fairs ad post on their job boards
(i.e. Contra Costa Community
Colleges, Universal Technical
Institute, IBT Tech, UCs and CSUs)
121
Ensure that oral board and
interview panels reflect the
diversity of the candidate
pool
Personal contact When contacting potential oral board
raters and identifying interview panel
members, ensure that there is
appropriate diversity on the panels.
Utilize and promote Summer
Student Intern program with
a goal of hiring women and
people of color.
Electronic and
Personal Contact
Continue to advertise Summer
Student Intern program and identify
students that are interested in
engineering occupations, or are
currently engineering students.
Pursue new contract with Contra
Costa County Office of Education to
hire Student Interns between the ages
of 18 – 23 who have barriers to
obtaining employment.
Contact: Adrienne Todd, Departmental Personnel Officer
Adrienne.Todd@pw.cccounty.us
122
SHERIFF-CORONER
The Office of EEO analyzed the workforce underrepresentation within each department as of
December 31, 2018. EEO compared the department’s workforce statistical data from December
31, 2018 to help determine the effectiveness of the County’s outreach program. The job
occupational categories and definitions are listed below.
Officials and Administrators: Occupations in which employees set broad policies, exercise
overall responsibility for execution of these policies, or direct individual departments or
special phases of the agency's operations, or provide specialized consultation on a regional,
district or area basis such as Department Heads.
Professionals: Occupations which require specialized and theoretical knowledge which is
usually acquired through college training or through work experience and other training
which provides comparable knowledge such as HR professionals, accountants, and
attorneys.
Technicians: Occupations which require a combination of basic scientific or technical
knowledge and manual skill which can be obtained through specialized post -secondary
school education or through equivalent on -the-job training. They include jobs such as
laboratory analysts and civil engineering assistants.
Administrative Support: Occupations in which workers are responsible for internal and
external communications, recording, and retrieval of data and/or information and other
paperwork required in an office such as secretaries, administrative office assistants, and
police clerks.
Service-Maintenance: Occupations in which workers perform duties that result in or
contribute to the comfort, convenience, hygiene or safety of the general public such as
maintenance workers and custodians.
Protective Service Workers (Sworn): Occupations in which workers are entrusted with
public safety, security and protection from destructive forces.
Protective Service Workers (Non-Sworn): Occupations that perform technical and support
work in safety or law enforcement work, which does not require a sworn person. Examples
include community service officers and animal control officers.
123
SHERIFF-CORONER
2018 OUTREACH AND RECRUITMENT DATA
1051 EMPLOYEES
GENDER
Demographics
By Gender
Total
Department
Workforce44
Male
(%)
Female
(%)
Working-Age
Population
by Job
Category
Officials and Administrators
County Workforce 10 70 30 X
Working-Age
Population
X 58 42 82,930
Underrepresentation X X -12 X
Professionals
County Workforce 118 73 27 X
Working-Age
Population
X 46 54 108,045
Underrepresentation X X -27 X
Technicians
County Workforce 128 74 26 X
Working-Age
Population
X 51 49 13,265
Underrepresentation X X -23 X
Administrative Support
County Workforce 165 16 84 X
Working-Age
Population
X 38 62 141,985
Underrepresentation X -22 X X
Service Maintenance
County Workforce 28 79 21 X
Working-Age
Population
X 58 42 122,730
Underrepresentation X X -21 X
Protective Services (Sworn)
County Workforce 522 85 15 X
Working-Age
Population
X 82 18 9,480
Underrepresentation X X -3 X
Protective Services (Non-Sworn)
County Workforce 80 60 40 X
Working-Age
Population
X 54 46 810
Underrepresentation X X -6 X
44 The total number of people who had worked for the County at least one day during the 2018 calendar year.
124
SHERIFF-CORONER
2018 OUTREACH AND RECRUITMENT DATA
1051 EMPLOYEES
RACE AND ETHNICITY
Demographics by Race
and Ethnicity45
White
(%)
Black
(%)
Hispanic
(%)
Asian
(%)
Native
Hawaiian/
Pacific
Islander
(%)
American
Indian/
Alaska
Native
(%)
Two or
More Races
(%)
Officials and Administrators
County Workforce 80 10 10 0 0 0 0
Working-Age Population 66 7 10 14 1 0 2
Underrepresentation X X 0 -14 -1 X -2
Professionals
County Workforce 71 6 9 5 0 0 9
Working-Age Population 60 7 9 21 0 0 2
Underrepresentation X -1 X -16 X X X
Technicians
County Workforce 73 3 15 4 1 0 4
Working-Age Population 51 7 10 27 0 1 2
Underrepresentation X -4 X -23 X -1 X
Administrative Services
County Workforce 52 16 17 9 2 0 4
Working-Age Population 53 10 19 15 1 0 2
Underrepresentation -1 X -2 -6 X X X
Service Maintenance
County Workforce 14 4 57 21 0 0 4
Working-Age Population 33 10 42 12 0 0 1
Underrepresentation -19 -6 X X X X X
Protective Services (Sworn)
County Workforce 66 8 16 5 1 0 4
Working-Age Population 53 15 15 10 3 0 3
Underrepresentation X -7 X -5 -2 X X
Protective Services (Non-Sworn)
County Workforce 56 19 19 2 3 0 1
Working-Age Population 65 1 22 8 0 0 5
Underrepresentation -9 X -3 -6 X X -4
45 The Census Bureau categorizes ethnicity into two categories: Hispanic or Latino OR not Hispanic or Latino. The terms "Hispani c," "Latino," and "Spanish" are used
interchangeably. Some respondents identify with all three terms while others may identify with only one of these three specific terms. Hispanics or Latinos who identify with the
terms "Hispanic," "Latino," or "Spanish" are those who classify themselves in one of the specific Hispanic, Latino, or Spanis h categories as Mexican, Puerto Rican, or Cuban. People
who do not identify with one of the specific origins listed indicate that they are "another Hispanic, Latino, or Spanish origin" are those whose origins are from Spain, the Spanish-
speaking countries of Central or South America, or the Dominican Republic.
125
SHERIFF-CORONER
OUTREACH AND RECRUITMENT PLAN
FY 2019-2020
Issue: The Board of Supervisors remains committed to maintain a diverse and inclusive
workforce which is reflective of the communities that we serve. As of December 31,
2018, the Office of the Sheriff’s workforce statistical data indicates the following:
Asians are underrepresented in Officials and Administrators, Professional,
and Technical positions;
Blacks are underrepresented in Protective Services (Sworn) positions;
Whites are underrepresented in Protective Services (Non -Sworn), and
Service Maintenance positions;
Females are underrepresented in Officials and Administrative, Professional,
Technical, and Service Maintenance positions;
Males are underrepresented in Administrative Support positions.
Objective: Increase the recruitment efforts to these underrepresented groups by conducting
focused outreach efforts to community organizations, professional groups and
online recruitment sites that serve these underrepresented populations.
Message: The Office will conduct strategic and targeted outreach efforts to these
underrepresented groups to create a more diverse applicant pool of qualified
candidates to apply for and be successful in both sworn and civilian positions within
the law enforcement community.
Tools: Community Events and Organizations
Local Job Fairs and Career Days
Local Colleges and Universities
Websites geared toward a diverse group of job seekers interested in working for a
law enforcement agency
Incorporate non-sworn job opportunities into our robust sworn recruitment efforts
126
Message Distribution
STRATEGY
ELEMENT
TASKS
Create brochures, flyers,
posters and billboards that
demonstrate the diverse
workforce of the Office of the
Sheriff. To include the non-
sworn positions that support
the mission of law
enforcement.
Publication
Print Media
Websites
Distribute brochures
throughout local and
statewide colleges,
universities, military bases
and East Bay Works.
Place advertisements on the
SO Law Enforcement
Training Center Website,
Facebook, Twitter,
Claycord.com, and Deputy
Sheriff Association Websites.
Attend job fairs and career
days that serve a large
ethnically diverse population
Personal Contact Set up class presentations,
working job fairs, and
workshops at Asian and
female-dominated high
school, colleges, and
universities.
Increase exposure in the
local communities served by
participating in local and
community events.
Personal Contact Set up recruiting stations at
events such as Art and Wine
Festivals, Music in the Park,
Farmer’s Markets, etc. Also
canvass shopping centers,
strip malls, local down-town
shopping areas, fitness
centers, etc.
Contact: Mary Jane Robb, Sheriff’s Chief of Management Services
mrobb@so.cccounty.us
127
TREASURER-TAX COLLECTOR
The Office of EEO analyzed the workforce underrepresentation within each department as of
December 31, 2018. EEO compared the department’s workforce statistical data from December
31, 2018 to help determine the effectiveness of the County’s outreach program. The job
occupational categories and definitions are listed below.
Officials and Administrators: Occupations in which employees set broad policies, exercise
overall responsibility for execution of these policies, or direct individual departments or
special phases of the agency's operations, or provide specialized consultation on a regional,
district or area basis such as Department Heads.
Professionals: Occupations which require specialized and theoretical knowledge which is
usually acquired through college training or through work experience and other training
which provides comparable knowledge such as HR professionals, accountants, and
attorneys.
Technicians: Occupations which require a combination of basic scientific or technical
knowledge and manual skill which can be obtained through specialized post -secondary
school education or through equivalent on -the-job training. They include jobs such as
laboratory analysts and civil engineering assistants.
Administrative Support: Occupations in which workers are responsible for internal and
external communications, recording, and retrieval of data and/or information and other
paperwork required in an office such as secretaries, administrative office assistants, and
police clerks.
128
TREASURER-TAX COLLECTOR
2018 OUTREACH AND RECRUITMENT DATA
29 EMPLOYEES
GENDER
Demographics
By Gender
Total
Department
Workforce46
Male
(%)
Female
(%)
Working Age
Population
by Job
Category
Officials and Administrators
County Workforce 4 25 75 X
Working-Age
Population
X 58 42 82,930
Underrepresentation X -33 X X
Professionals
County Workforce 5 80 20 X
Working-Age
Population
X 46 54 108,045
Underrepresentation X X -34 X
Technicians
County Workforce 4 25 75 X
Working-Age
Population
X 51 49 13,265
Underrepresentation X -26 X X
Administrative Support
County Workforce 16 6 94 X
Working-Age
Population
X 38 62 141,985
Underrepresentation X -32 X X
46 The total number of people who had worked for the County at least one day during the 2018 calendar year.
129
TREASURER-TAX COLLECTOR
2018 OUTREACH AND RECRUITMENT DATA
29 EMPLOYEES
RACE AND ETHNICITY
Demographics by
Race
and Ethnicity47
White
(%)
Black
(%)
Hispanic
(%)
Asian
(%)
Native
Hawaiian/
Pacific
Islander
(%)
American
Indian
Alaska
Native
(%)
Two or
More Races
(%)
Officials and Administrators
County Workforce 25 0 25 25 0 0 25
Working-Age
Population
66 7 10 14 1 0 2
Underrepresentation -41 -7 X X -1 X X
Professionals
County Workforce 80 0 0 20 0 0 0
Working-Age
Population
60 7 9 21 0 0 2
Underrepresentation X -7 -9 -1 X X -2
Technicians
County Workforce 25 75 0 0 0 0 0
Working-Age
Population
51 7 10 27 0 1 2
Underrepresentation -26 X -10 -27 X -1 -2
Administrative Support
County Workforce 38 25 19 6 0 6 6
Working-Age
Population
53 10 19 15 1 0 2
Underrepresentation -15 X X -9 -1 X X
47 The Census Bureau categorizes ethnicity into two categories: Hispanic or Latino OR not Hispanic or Latino. The terms "Hispanic," "Latino," and "Spanish" are used
interchangeably. Some respondents identify with all three terms while others may identify with only one of these three specif ic terms. Hispanics or Latinos who identify with the
terms "Hispanic," "Latino," or "Spanish" are those who classify themselves in one of the specific Hispanic, Latino, or Spanish categories a s Mexican, Puerto Rican, or Cuban. People
who do not identify with one of the specific origins listed indicate that they are "another Hispanic, Latino, or Spanish origin" are those whose origins are from Spain, the Spanish-
speaking countries of Central or South America, or the Dominican Republic.
130
CONTRA COSTA COUNTY
OFFICE OF TREASURER-TAX COLLECTOR
OUTREACH AND RECRUITMENT PLAN
FY 2019-2020
Issue: The Board of Supervisors remains committed to maintain a diverse and
inclusive workforce which is reflective of the communities that we serve.
As of December 31, 2018, the Office of Treasurer – Tax Collector
statistical data indicates the following:
Males are underrepresented in Officials & Administrators positions (33%)
in Technical positions (26%) and in Administrative Support (32%);
Females are underrepresented in Professional positions (34%);
Blacks (7%) and Whites (41%) are underrepresented in Officials and
Administrator positions;
Blacks (7%) and Hispanics (9%) are underrepresented in Professional
positions;
Hispanics (10%), Whites (26%) and Asians (27%) are underrepresented
in Technical positions;
Whites (15%) and Asians (9%) are underrepresented in
Administrative Support positions.
Objective: Increase the applicant flow of underrepresented groups within our workforce by
HR department conducting specific outreach and recruitment efforts to
Community/Faith Based Organizations (COBs), Professional Groups and online
recruitment sites who serve the populations listed above.
Message: Human Resources will conduct strategic outreach efforts to community/faith
based organizations, professional groups and online websites that serve those
populations where we have underrepresentation. We request Human
Resources in their outreach efforts to electronically send these organizations all
131
open vacancies within our department during the fiscal year. This proactive
measure will help to create a more diverse applicant pool of qualified
candidates to apply for departmental vacancies.
Tools: Distribute information to COBs
Local job fairs and career days
Local colleges and universities
Websites geared towards recruiting males to Officials and Administrators,
Technicians and Administrative Support positions
Websites geared towards recruiting Black and Hispanic females to
Professional positions
Message Distribution
STRATEGY
ELEMENT
TASKS
Partner with
Community Based
Organizations who
serve males who are
interested in working in
the Officials and
Administrators,
Technical and
Administrative Support
fields
Personal Contact/E-mail County to partner with CBOs and
professional organizations. Send job
announcements of vacancies via e-
mail or by mail to attract a workforce
that is diverse and gender balanced.
We recommend HR
attend job and career
fairs geared towards
helping Black and
White males find
employment as
Officials &
Administrators and
Black and Hispanic
females for
Professional
vacancies
Personal Contact County HR Representative to attend
job and career fairs during the fiscal
year. The County will focus on
recruiting males for Official &
Administrative opportunities and
females for Professional opportunities
when distributing information about the
department’s vacancies.
E-mail job vacancies to
local community
colleges and
universities to reach a
greater applicant pool
Personal
Contact/Electronic
HR to send job announcements of
vacancies via e-mail to local colleges
such as DVC, Los Medanos and Cal
State East Bay.
132
Partner with
professional
organizations to reach
out to Black and
White males to apply
for Officials/
Administrators and
Black and Hispanic
females to apply to
Professional positions
within our workforce
Personal
Contact/Electronic
Register and post job vacancies on
websites such as California State
Association of Counties (CSAC)
www.counties.org/,
www.californiacitynews.org, the
National Association of Black
Accountants Inc. www.sfnabainc.com,
and www.idealist.org
Research employment
websites and register
to join the online
community
Electronic Register and post job vacancies on
websites such as www.indeed.com,
www.sfbay.craigslist.org, and
www.bayareacareer.com/bay_area.php
Contact: Ronda Boler, (925) 957-2888
Ronda.Boler@tax.cccounty.us
133
VETERANS SERVICES
The Office of EEO analyzed the workforce underrepresentation within each department
as of December 31, 2018. EEO compared the department’s workforce statistical data
from December 31, 2018 to help determine the effectiveness of the County’s outreach
program. The job occupational categories and definitions are listed below.
Officials and Administrators: Occupations in which employees set broad policies,
exercise overall responsibility for execution of these policies, or direct individual
departments or special phases of the agency's operations, or provide specialized
consultation on a regional, district or area basis such as Department Heads.
Professionals: Occupations which require specialized and theoretical knowledge
which is usually acquired through college training or through work experience and
other training which provides comparable knowledge such as HR professionals,
accountants, and attorneys.
Administrative Support: Occupations in which workers are responsible for internal
and external communications, recording, and retrieval of data and/or information and
other paperwork required in an office such as secretaries, administrative office
assistants, and police clerks.
134
VETERANS SERVICES
2018 OUTREACH AND RECRUITMENT DATA
10 EMPLOYEES
GENDER
Demographics
By Gender
Total
Department
Workforce48
Male
(%)
Female
(%)
Working-
Age
Population
by Job
Category
Officials and Administrators
County Workforce 1 100 0 X
Working-Age
Population
X 58 42 82,930
Underrepresentation X X -42 X
Professionals
County Workforce 6 67 33 X
Working-Age
Population
X 46 54 108,045
Underrepresentation X X -21 X
Administrative Support
County Workforce 3 33 67 X
Working-Age
Population
X 38 62 141,985
Underrepresentation X -5 X X
48 The total number of people who had worked for the County at least one day during the 20 18 calendar year.
135
VETERANS SERVICES
2018 OUTREACH AND RECRUITMENT DATA
10 EMPLOYEES
RACE AND ETHNICITY
Demographics by
Race and Ethnicity49
White
(%)
Black
(%)
Hispanic
(%)
Asian
(%)
Native
Hawaiian/
Pacific
Islander
(%)
American
Indian/
Alaska
Native
(%)
Two or
more
Races
(%)
Officials and Administrators
County Workforce 100 0 0 0 0 0 0
Working-Age
Population 66 7 10 14 1 0 2
Underrepresentation X -7 -10 -14 -1 X -2
Professionals
County Workforce 83 0 17 0 0 0 0
Working-Age
Population 60 7 9 21 0 0 2
Underrepresentation X -7 X -21 X X -2
Administrative Support
County Workforce 67 0 0 0 0 0 33
Working-Age
Population 53 10 19 15 1 0 2
Underrepresentation X -10 -19 -15 -1 X X
49 The Census Bureau categorizes ethnicity into two categories: Hispanic or Latino OR not Hispanic or Latino. The terms "Hispani c," "Latino," and "Spanish" are used
interchangeably. Some respondents identify with all three terms while others may identify with only one of these three specific terms. Hispanics or Latinos who
identify with the terms "Hispanic," "Latino," or "Spanish" are those who classify themselves in one of the specific Hispanic, Latino, or Spanish categories as Mexican,
Puerto Rican, or Cuban. People who do not identify with one of the specific origins listed indicate that they are "another Hisp anic, Latino, or Spanish origin" are
those whose origins are from Spain, the Spanish-speaking countries of Central or South America, or the Dominican Republic.
136
VETERANS SERVICES
OUTREACH AND RECRUITMENT PLAN
FY 2019-2020
Issue: As of December 31, 2018, the Veterans Service Department’s statistical data
reflects an under-representation for Women – 42% Officials and Administrators and 21%
in Professionals. Officials and Administrators are under-represented in: 7%-Blacks; 10%-
Hispanics; 14%-Asians. Professionals are under-represented in: 7%-Blacks; 21%-
Asians. Administrative Support are under-represented in: 10%-Blacks; 19% Hispanics;
15%-Asians.
Objective: Increase the visibility of Asians, Hispanics, African Americans, and Women
within the workforce. The department will create and nurture partnerships with Community
Based Organizations (CBOs) to ensure that we keep them informed about job vacancies
and other resources within the County.
Message: The Department will conduct strategic and targeted outreach efforts to Asians,
African American, Hispanics, and Women in order to create a more diverse applicant pool
of qualified candidates to apply for vacant positions.
Veterans Services has 9.5 FTE with no current vacancies. When a VSR position
becomes available for recruitment (approximately 09/2019), our department will utilize job
and diversity fairs in an attempt to seek qualified candidates.
Outreach
Tools: Create and distribute informational brochures to CBOs
Attend and participate in local job and diversity fairs
Post job vacancies on websites that are geared toward the Asian population
Outreach
Tools: Create and distribute informational brochures to CBOs
Attend and participate in local job and diversity fairs
137
Post job vacancies on websites that are geared toward the Asian population
Message Distribution
Strategy
Element
Tasks
Create brochure
which explains the
Veterans Service
Department’s
outreach and
recruitment mission
and goals
Publication
Print Media
Mail brochures to CBOs that serve
the Asian, Hispanic, Black, and
Women populations so they can
share with their clientele.
Brochures will also be distributed
at job and diversity fairs; events
that we will attend.
Mail employment
recruitments for
current Veterans
Service Department
vacancies to CBOs Personal Contact
Partner with The Shiva Murugan
Temple, API Cultural Center, Bay
Area Women’s Center, and ASNC
Young Professionals Group in
order to encourage their
applications for employment
opportunities.
Register and post job
vacancies online to
reach a broad section
of Asian, Hispanic,
Black, and Women
populations Electronic
Register and post job vacancies on
websites that cater to Asian,
Hispanic, Black, and Women
populations such as:
http://www.asian-jobs.com/
http://www.blackcareernetwork.co
m
http://www.workplace-
dynamics.com
http://bayareawomenscouncil.org/
Contact: Nathan D. Johnson Equal Employment Opportunity Coordinator
Nathan@vs.cccounty.us
RECOMMENDATION(S):
APPROVE the 2018 Annual Crop Report and AUTHORIZE the Agricultural Commissioner, or designee,
to submit the publication to the California Department of Food and Agriculture (CDFA).
FISCAL IMPACT:
There is no fiscal impact.
BACKGROUND:
Section 2272 and 2279 of the California Food and Agriculture Code requires the County Agricultural
Commissioner to submit an annual report to the State Secretary of CDFA. Data in this report is to be
collected and prepared in a manner that will provide the most reliable and accurate estimates of acreage,
yield, production, and value. The material is to be presented in a uniform manner, so reports across counties
are comparable and of the maximum value to CDFA. The report provides core agricultural statistical data
and programmatic information. It includes information about what is being done to eradicate, control, or
manage pests. It contains information about the many sources of food production in the County, including
commercial and small-scale diversified farms, community and school gardens, and nurseries and livestock
production. The report details the work of the Department's staff to support a robust agricultural industry.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V
Supervisor
Contact: 608-6600
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 50
To:Board of Supervisors
From:Matt Slattengren
Date:November 12, 2019
Contra
Costa
County
Subject:2018 Annual Crop Report for Contra Costa County Department of Agriculture
CONSEQUENCE OF NEGATIVE ACTION:
A negative action would delay or prevent filing the required county crop report. This would cause a
breach in the Memorandum of Understanding (MOU) between the California Department of Food and
Agriculture (CDFA) and the California Agricultural Commissioners and Sealers Association (CACASA).
ATTACHMENTS
2018 Crop Report
2020 Calendar
Table of Contents Staff
Contra Costa County
Department of Agriculture / Weights & Measures
2380 Bisso Lane Suite A, Concord, CA 94520 Tel: (925) 608-6600
http://www.co.contra-costa.ca.us/1542/Agriculture-Weights-Measures
email: AgCommissioner@ag.cccounty.us
Cover
Tom & Sue Retirement
Agricultural Commissioner and Sealer’s Letter
2019 Calendar: November - December
January: Leading Crops - Mission Statement
February: Production Summary
March: Nursery Production
April: Fruit & Nut Crops
May: U Pick
June: Pest Detection/ Pest Management
July: Certified Farmers’ Markets
August: Livestock & Livestock Products
September: Canine Teams & Pest Exclusion
October: Vegetable & Seed Crops
November: Field Crops
December: Weights & Measures
Back Cover
Agricultural Commissioner / Sealer of Weights &
Measures
Scott Paulsen
Assistant Agricultural Commissioner / Sealer
Matt Slattengren
Deputy Agricultural Commissioners/ Sealers
Gil Rocha, Beth Slate, Larry Yost
Agricultural Biologists
Simone Ackermann, Karen Adler, Keri Brumfield,
Ralph Fonseca, Ivan Godwyn, David Hallinan, Omar Luna,
Abdoulaye Niang, Lucas Pattie, Wil Schaub, Cecilie Siegel,
Greg Spurlock, Jorge Vargas, Janessa Weingand
Weights & Measures Inspectors
Gabriel Adebote, Patrick Bowen, Christine Buelna,
Ngozi Egbuna, Harmeet Gill, Chris Michaels
Agricultural & Standards Aides
Karin Linnen, Shannon Smith
Administrative Support
Roxann Crosby, Stephanna Hidalgo
Information Technology Support
Susan Wright
Pest Detection, Pest Management & Glassy-
winged Sharpshooter Staff
Ana De Abreu, Danilo Angcla, Barry Dagenbach,
Warren Kawamoto, John Luzar, Rick Mata, Linda Mazur, Kerry
Motts, Connor Nitsos, Eldren Prieto, Sarah Ratto, Daniel Sinz,
Lindsay Skidmore, Tom Wright, Oscar Zaldua
Pest Quarantine Detector Canines
Conan & Major
Tom & Sue Wright
Tom and Sue Wright retired at the end of 2018.
Sue worked for Contra Costa Department of Information Technology serving the
Department of Agriculture for 20 years.
Tom worked for the Contra Costa Department of Agriculture as a Glassy Winged
Sharpshooter Inspector for 8 years.
They plan to travel more and visit family in retirement. Tom is submitting his jams,
jellies, preserves and spices for competition in local county fairs.
He also teaches classes on how to make his award winning preserves. Sue is right
beside Tom keeping track of all the blue ribbons and best of shows. Sue also does
quite a bit of volunteer work.
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
Veteran’s Day
Offices Closed
17 18 19 20 21 22 23
24 25 26 27 28 29 30
Thanksgiving
Offices Closed
Offices Closed
December 2019
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5 6 7
Grower Continuing
Education Meeting
Grower Continuing
Education Meeting
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
Christmas Eve
Christmas Day
Offices Closed
29 30 31
New Year’s Eve
November 2019
Contra Costa County Agricultural Crop Report 2018
Karen Ross, Secretary
California Department of Food and Agriculture and
The Honorable Board of Supervisors of Contra Costa County
I am pleased to submit the 2018 Agricultural Crop & Livestock Report for Contra
Costa County in accordance with the provisions of Section 2272 and 2279 of the
California Food and Agricultural Code.
The total gross value of agricultural crops in 2018 was $108,556,338 which is a
decrease of $11,884,662 or 10% from 2017. In general, demand and prices have
remained strong for agricultural crops in Contra Costa County.
Crop values vary from year to year due to factors such as production, weather, and
market conditions. Some notable changes include a 62% increase in the value of
field crops and a decrease of 27% of vegetable and seed crop values. Due to a
decrease in the total number of head and therefore a decrease in total live weight,
livestock and livestock product values decreased in production values about
$2,800,000. Approximately 2.5% or 4,861 acres of the total cultivated acreage was
farmed organically on 15 farms.
Twelve crop categories exceeded one million dollars in value this year. These
categories in decreasing order include cattle and calves, sweet corn, tomatoes,
grapes, cherries, miscellaneous vegetable crops, miscellaneous field crops,
rangeland, alfalfa hay, irrigated pasture, peaches and walnuts.
It should be emphasized that the values stated in this report are gross receipts and
do not include the cost of production, transportation, or marketing of the
products. The economic benefit of agricultural production is generally thought to
be about three times the gross production value.
In other notable news for our department, we relocated our main office down the
street to 2380 Bisso Lane Suite A in Concord. We now share a building with
University of California Cooperative Extension Farm Advisor, including the Contra
Costa Master Gardeners.
I truly appreciate the agricultural producers, farmers, ranchers and organizations
that shared information and supported our efforts in completing this report.
Special recognition goes to all of the staff who assisted in compiling this
information to make this report possible.
Respectfully Submitted,
Matt Slattengren
Agricultural Commissioner
Director of Weights and Measures
Contra
Costa
County
Agricultural Commissioner and Sealer’s Letter
Contra Costa County Agricultural Crop Report 2018
Mission Statement
The Contra Costa County Department of Agriculture, under the direction of the
California Department of Food and Agriculture, Department of Pesticide
Regulation, and Division of Measurement Standards, is responsible for conducting
regulatory and service activities pertaining to the agricultural industry and the
consumers of our County. The primary goal of this office is to promote and protect
agriculture while safeguarding the public and the environment. Our work as County
Weights and Measures officials in the community ensures a safe place to
live and a fair marketplace for trade.
Contra Costa County Agricultural Crop Report 2018
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4
Offices Closed
New Year’s Day
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
Offices Closed
Martin Luther
King Jr. Day
26 27 28 29 30 31
January 2020
Gross Production Values by Category Leading Crops
0
5
10
15
20
25 22.00
16.9015.41
11.57
4.40 3.28 1.68 1.64 1.56 1.36 0.68 0.35USD MillionsVegetable
& Seed
Crops
Livestock
&
Livestock
Products
Fruit & Nut
Crops
Field Crops Nursery
Products
$36,607,907
$22,997,207 $22,964,524
$15,527,000
$10,459,700
Contra Costa County Agricultural Crop Report 2018
Contra Costa County Agricultural Crop Report 2018
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1
2 3 4 5 6 7 8
Groundhog Day
Super Bowl
9 10 11 12 13 14 15
Lincoln’s
Birthday
Valentine’s Day
16 17 18 19 20 21 22
Washington’s
Birthday
President’s Day
Offices Closed
23 24 25 26 27 28 29
Leap Year
February 2020
Gross Value
Change
in
Gross
Value
Total Cultivated
Acreage
Change
in
Acreage
Ranking
Category 2018 2017 % 2018 2017 % 2018 2017
Vegetable &
Seed Crops
$36,607,000 $50,434,000 -27 7,224 9,161 -21 1 1
Livestock &
Livestock
Products
$22,997,000 $25,877,000 -11 n/a n/a n/a 2 2
Fruit & Nut
Crops
$22,964,000 $25,841,000 -11 4,250 4,234 4 3 3
Field Crops $15,527,000 $9,572,000 62 175,557 185,993 -6 4 4
Nursery
Products
$10,459,000 $8,717,000 20 24 23 5 5 5
Total $108,556,000 $120,441,000 -10 --- --- --- --- ---
Production Summary
Contra Costa County Agricultural Crop Report 2018
Contra Costa County Agricultural Crop Report 2018
Commodity Year Greenhouse
Production Field Production Total Value1
1 Values represent rounded
estimates based on data
collected from producers,
experts and literature.
2 Includes Bedding Plants,
Christmas Trees, Ground
Covers, Propagative
Materials, Ornamental
Trees & Shrubs, Fruit Trees,
Cut Flowers.
Nursery Products 2 2018
2017
57,800 sq. ft.
49,300 sq. ft.
24.8 acres
23.0 acres
$10,460,000
$8,717,000
Total 2018
2017
57,800 sq. ft.
49,300 sq. ft.
24.8 acres
23.0 acres
$10,460,000
$8,717,000
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5 6 7
8 9 10 11 12 13 14
Daylight Savings
Begins
15 16 17 18 19 20 21
St. Patrick’s Day
Spring Equinox
22 23 24 25 26 27 28
29 30 31
Caesar Chavez
Day
March 2020
Nursery Production
Contra Costa County Agricultural Crop Report 2018
Contra Costa County Agricultural Crop Report 2018
Crop Year Harvested
Acreage
Production
Per Acre
Harvested
Tons
Value
Per Ton
Total
Value 1
1 Values represent rounded estimates
based on data collected from
producers, experts, and the literature.
2 Includes almonds, apples, apriums,
Asian pears, berries, citrus, figs,
melons, pears, pecans, persimmons,
pistachios, prunes, pomegranates,
quinces and strawberries.
Apricots 2018
2017
75
125
2.58 tons
2.85 tons
193
356
$3,539
$3,206
$683,000
$1,141,000
Cherries 2018
2017
880
566
.94 tons
2.99 tons
823
1,690
$5,320
$3,591
$4,380,000
$6,069,000
Grapes 2018
2017
2,437
2,545
5.30 tons
5.05 tons
12,900
12,900
$897
$924
$11,582,000
$11,920,000
Nectarines 2018
2017
25
27
4.28 tons
5.28 tons
107
143
$3,143
$2,835
$336,000
$405,000
Olives 2018
2017
151
174
2.45 tons
2.50 tons
370
435
$860
$885
$318,000
$385,000
Peaches 2018
2017
111
101
4.70 tons
4.57 tons
522
463
$2,978
$2,652
$1,554,000
$1,228,000
Plums &
Pluots
2018
2017
35
42
5.66 tons
4.92 tons
198
207
$2,644
$2,326
$524,000
$481,000
Walnuts 2018
2017
451
474
1.95 tons
1.93 tons
878
915
$1,552
$2,610
$1,363,000
$2,388,000
Miscellaneous 2 2018
2017
242
184 various Various Various $2,214,000
$1,860,000
Total 2018
2017
4,407
4,238
$22,954,000
$25,877,000
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4
April Fool’s Day
5 6 7 8 9 10 11
12 13 14 15 16 17 18
Easter
Tax Day
19 20 21 22 23 24 25
Earth Day
Administrative
Professionals Day
26 27 28 29 30
April 2020
Fruit & Nut Crops
Contra Costa County Agricultural Crop Report 2018
Contra Costa County Agricultural Crop Report 2018
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2
May Day
3 4 5 6 7 8 9
Cinco de Mayo
10 11 12 13 14 15 16
Mother’s Day
Armed Forces
Day
17 18 19 20 21 22 23
24 25 26 27 28 29 30
Offices Closed
Memorial Day
31
Harvest Time is a Non-Profit Organization that is dedicated to educating the general public about farming and its
products, while improving Agri-tourism education in East Contra Costa County. Each year an educational farm
trail map, that directs people to more than 40 growers who sell direct to the customer, is produced and distributed.
Whether the customer prefers picked produce, or enjoys picking their own, fresh delicious fruits and vegetables as
well as nuts are waiting for them. Customers will find that there are educational programs, wine, pies, gift baskets,
gourmet treats, Alpaca clothing and nursery stock to explore.
History of Harvest Time U-Pick:
In the early 1970’s East Contra Costa farmers decided to create a co-op where they didn’t lose their individuality,
but were able to do something more than sell product to producers. This idea came about after a couple of lean years
with unusually low farm prices. The farmers met with the Contra Costa Farm Bureau to bring their idea to fruition.
Farm Fresh Present Day:
Harvest Time welcomes visitors from around the world to visit Brentwood, California’s bountiful agricultural region
to celebrate Harvest Time and explore our agricultural heritage. Generating over 180,000 visitors each year with the
majority during Memorial Day Weekend’s harvest of cherries. It has become a family tradition for some customers.
Harvest Time offers an abundance of information and opportunity to visitors and those local businesses who welcome
them to our agricultural core and growing economy. Currently more than 45 members offer numerous items
produced on over 900 acres. The U-Pick or Pre-Picked stands are seasonal; however, some members offer products
year round. Visit the links above or stop into our office for a free map.
Share your harvest pictures with us at agcommissioner@ag.cccounty.us
May 2020
U-Pick Farms http://harvest4you.com
Contra Costa County Agricultural Crop Report 2018
Contra Costa County Agricultural Crop Report 2018
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5 6
D-Day
7 8 9 10 11 12 13
14 15 16 17 18 19 20
Flag Day
21 22 23 24 25 26 27
Father’s Day
Summer Solstice
28 29 30
June 2020
Pest Management
Weed Pest Sites
Surveyed
Acres
Treated Acres
Surveyed
Control
Method
Artichoke Thistle 40 65 35,700 Chemical
Purple Starthistle 17 6 3,857 Chemical
Pest Detection
Insect Pest Total No.
of Traps
Total Trap
Servicings Insect Pest Total No.
of Traps
Total Trap
Servicings
Asian Citrus Psyllid 788 3,963 Japanese Beetle 626 4,657
General Fruit Fly 864 26,308 Mediterranean
Fruit Fly 862 12,429
Glassy-Winged
Sharpshooter 832 6,997 Melon Fly 911 9,560
Gypsy Moth 633 4,663 Oriental Fruit Fly 878 13,461
Contra Costa County Agricultural Crop Report 2018
Contra Costa County Agricultural Crop Report 2018
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4
Offices Closed
Independence
Day
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
In 2018, Contra Costa County Agricultural Department registered 22 farmers’ markets, issued 68 Certified Producer’s
Certificates and conducted 50 certified market inspections.
Currently operating Farmers’ Markets in Contra Costa County:
CFM Name / Location Day CFM Name / Location Day
Alamo Sun Martinez Kaiser Thu
Antioch Kaiser Thu Orinda Sat
Brentwood Sat Pinole Sat
Clayton Sat Pittsburg Sat
Concord Tue + Thu Richmond Fri
Danville Sat Rossmoor Fri
Diablo Valley Shadelands Sat San Ramon Bishop Ranch 2 Sat
El Cerrito Tue + Sat San Ramon Bishop Ranch 3 Thu
Kensington Sun Walnut Creek Kaiser Tue
Martinez Sun Walnut Creek Sun
Moraga Sun
July 2020
Certified Farmers’ Markets (CFM)
Contra Costa County Agricultural Crop Report 2018
Contra Costa County Agricultural Crop Report 2018
Commodity Year Number of
Head Total Live Weight Value Per CWT Total Value1 1 Values represent rounded
estimates based on data
collected from producers,
experts and literature.
2 Includes honey, wax and
pollination.
3 Includes chickens,
ducks, emus, goats,
hogs, llamas, ostriches,
pigs, rabbits, sheep,
turkeys, milk, wool and
eggs.
Cattle & Calves 2018
2017
18,579
22,289
165,335 lbs.
185,053 lbs.
$129
$133
$21,376,000
$24,572,000
Apiary Products2 2018
2017 n/a n/a n/a $845,000
$424,000
Misc. Livestock3 2018
2017 n/a n/a n/a $776,000
$881,000
Total
2018
2017
$22,997,000
$25,877,000
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31
August 2020
Livestock & Livestock Products
Contra Costa County Agricultural Crop Report 2018
Contra Costa County Agricultural Crop Report 2018
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5
6 7 8 9 10 11 12
Offices Closed
Labor Day
Patriot Day
13 14 15 16 17 18 19
Grandparent’s
Day
20 21 22 23 24 25 26
Fall Equinox
27 28 29 30
Major is a new detection canine that works in Contra Costa and surrounding counties with his handler Simone
Ackermann. Both Major and Simone have been certified by the United States Department of Agriculture (USDA) to
work in the dog team program. Major is part of a USDA program to help prevent the introduction of exotic pests to
California. The agricultural industry in California grossed more than $50 Billion and exported more than $20.5 Billion in
2017. Infestations of exotic plant pests and diseases could cause huge losses to agriculture and the economy. There are
many different ways exotic pests can enter the state. California has major shipping ports, airports, railroad lines, and a
border with Mexico. During holiday seasons such as Christmas or on special occasions such as Valentine’s Day and
Mother’s Day, package delivery services process large numbers of shipments containing wreaths, flowers, fruit, and
plants from all over the world. Also, California is the nation’s most populated and ethnically diverse state. People may
visit relatives or friends in California and bring gifts from their native countries or give their loved ones a taste of home
by mailing fruit and vegetables to them. In some cases, these gifts also bring unwanted pests that have hitchhiked to
our country. Major has an extremely keen sense of
smell and can easily alert if there is any sort of
plant material inside a package. A dog’s nose is
designed to trap and identify even faint odors.
They have 300 million scent receptors compared to
a mere 6 million possessed by humans. Not only
can dogs detect scents, but they can be trained to
distinguish and remember many different ones.
Some dogs have been known to recognize more
than 50 odors. Dogs working with a human partner
can accurately inspect a large number of packages
in a very short amount of time and can sniff out
shipments containing plant material at about a 90
percent success rate.
September 2020
Pest Exclusion
Post Office/UPS/FedEx – Package Inspections 7,698
Truck Shipment Inspections from within California 2,034
Truck Shipment Inspections from other States 349
Household Goods Inspections for Gypsy Moth 43
Non-native Pest Interceptions 25
Canine Detection Non-native Pest Interceptions 1 151
Quarantine Pest, Certification and Markings Rejections 164
1 Interceptions in Contra Costa, San Joaquin, Santa Clara, and Yolo Counties
Contra Costa County Agricultural Crop Report 2018
Contra Costa County Agricultural Crop Report 2018
Crop Year Harvested
Acreage
Production
Per Acre
Tons
Harvested
Value
Per Ton
Total Value1 1 Values represent rounded
estimates based on data
collected from producers,
experts, and literature.
2 Includes fresh and
processing tomatoes.
3 Includes asparagus,
artichokes, beans, beets,
broccoli, cabbage, cardoon,
carrots, cauliflower,
cucumbers, eggplant, garlic,
ginseng, kohlrabi, lettuce,
okra, onions, greens, herbs,
melons, mushrooms, peas,
peppers, potatoes, pumpkins,
radishes, squash, and wheat
grass.
Tomatoes2 2018
2017
3,581
4,512
60.00 tons
46.39 tons
215,000
209,000
various $15,412,000
$23,415,000
Sweet Corn 2018
2017
2,977
3,500
10.60 tons
10.70 tons
31,500
37,500
$535
$506
$18,852,000
$18,975,000
Misc.3 2018
2017
666
1,149
various various various $4,297,000
$8,044,000
Total 2018
2017
7,224
9,161
$38,561,000
$50,434,000
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
National Bosses
Day
18 19 20 21 22 23 24
United Nations
Day
25 26 27 28 29 30 31
Halloween
October 2020
Vegetable & Seed Crops
Contra Costa County Agricultural Crop Report 2018
Contra Costa County Agricultural Crop Report 2018
Crop Year Harvested
Acreage
Production
Per Acre
Tons
Harvested Unit
Value
Per
Unit
Total Value
1
Alfalfa
Hay
2018
2017
1,941
1,774
4.4
3.75
8,556
6,650 Ton $196.82
$167.51
$1,684,000
$1,114,000
Cereal Hay 2018
2017
2,548
1,542
4.1
2.42
10,378
3,730 Ton $94.00
$103.00
$975,000
$384,000
Irrigated
Pasture
2018
2017
5,450
5,450 n/a n/a Acre $300.00
$300.00
$1,635,000
$1,635,000
Rangeland 2018
2017
149,000
169,000 n/a n/a Acre $22.00
$21.00
$3,278,000
$3,549,000
Wheat 2018
2017
967
2,943
1.90
1.35
1,840
3,970 Ton $189.00
$152.00
$348,000
$605,000
Misc.2 2018
2017
9,124
2,503 various various var. various $4,262,000
$921,000
Total 2018
2017
169,030
185,993
$12,182,000
$9,572,000
1 Values represent rounded estimates based on data collected from producers, experts, and literature.
2 Includes barley, corn silage, field corn, forage hay, hay (wild), rye, safflower, silage, straw, Sudan grass, and sorghum.
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5 6 7
Daylight Savings
Ends
Election Day
8 9 10 11 12 13 14
Veterans Day
Offices Closed
15 16 17 18 19 20 21
22 23 24 25 26 27 28
Thanksgiving
Offices Closed
Offices Closed
29 30
November 2020
Field Crops
Contra Costa County Agricultural Crop Report 2018
Contra Costa County Agricultural Crop Report 2018
The Contra Costa County Division of Weights and Measures promotes
a fair and equitable marketplace by performing inspections of retail
packages and commercial weighing and measuring devices. These
efforts certify that the sales of harvested crop, livestock, animal feed,
vehicle fuel and other commodities are based on a precise weight or
measure. The Weights & Measures Department did a total of 21,685
inspections with a total of 9,874 hours spent.
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5
Grower Continuing
Education Meeting Grower Continuing
Education Meeting
6 7 8 9 10 11 12
Pearl Harbor
Remembrance
13 14 15 16 17 18 19
20 21 22 23 24 25 26
Winter Solstice
Christmas Eve
Christmas
Offices Closed
27 28 29 30 31
New Year’s Eve
December 2020
Measuring Devices Devices
Inspected1
Vehicle Fuel Station Meters 7,875
Electric Sub meters 6,877
Water Meters & Sub meters 7,272
Vapor/LPG Meters & Sub meters 3,927
Taxi Meters 168
Other Measuring Devices 358
Weighing Devices
Light Capacity Retail Scales 2,078
Heavy Capacity Retail Scales 30
Vehicle/Railway Scales 102
Prescription/Jewelers Scales 40
Livestock/Animal Scales 20
Other Weighing Devices 2
Advertisement & Transaction
Verification
Inspections
Conducted
Petroleum Gas Stations 267
Retail Price Verification 2,207
Quality Assurance Audited
Weighmaster Locations 102
Consumer Complaint
Investigations
60
Weights &
Measures
http://www.co.contra-costa.ca.us/1542/Agriculture-Weights-Measures
CONTRA COSTA COUNTY
Department of Agriculture Weights & Measures
2380 Bisso Lane Suite A, Concord, CA 94520 TEL (925) 608-6600 FAX (925) 608-6620
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute an
Exclusive Negotiating Agreement with EAH, Inc., a non-profit corporation, for the development of
affordable senior housing and approximately 1,250 sq.ft. of space to be used for senior citizens programs.
FISCAL IMPACT:
No impact to the General Fund. Staff project costs are covered by the Housing Successor budget.
BACKGROUND:
The County, in its capacity as Housing Successor to the Contra Costa County Redevelopment Agency, is
the owner of approximately 0.98 acres of vacant real property located near Willow Avenue and San Pablo
Avenue in Rodeo, California (Assessor’s Parcel No. 357-120-074). The County is also the owner of
189/199 Parker Avenue, Rodeo, the site of the existing Rodeo Senior Center. However, the County is
exploring the possibility of selling the 189/199 Parker Avenue site, and relocating senior services. Since
EAH, Inc. developed the 50-unit senior housing, Rodeo Gateway Apartments, adjacent to the vacant real
property, the Department of Conservation and Development is seeking to execute an Exclusive Negotiating
Agreement with EAH.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V
Supervisor
Contact: Maureen Toms,
925-674-7878
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 51
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:November 12, 2019
Contra
Costa
County
Subject:Rodeo Senior Housing - Phase 2 Exclusive Negotiating Agreement
BACKGROUND: (CONT'D)
The purpose of this Agreement is twofold. First, it is intended to enable the parties to assess the
feasibility of an additional senior housing development, and space for a community senior center.
Second, if the development is determined to be feasible, it is intended to enable the parties to negotiate a
disposition and development agreement (a “DDA”). Under the DDA, the Property would be conveyed to
the Developer for construction of the development. Because the vacant property is a housing asset of the
former Redevelopment Agency, its disposition is governed by the County, in its capacity as Housing
Successor.
In December 2016, the Board of Supervisors authorized the execution of an Exclusive Negotiating
Agreement with EAH. During the term of the agreement, EAH prepared some schematic drawings and
both parties determined that a general plan amendment was necessary to move the project forward. Staff
is currently processing the general plan amendment and anticipates a decision by the Board of
Supervisors before the end of the year. Thus, the timing for a new Exclusive Negotiating Agreement is
appropriate.
CONSEQUENCE OF NEGATIVE ACTION:
Development of a Housing Successor asset will be delayed.
ATTACHMENTS
ENA
1
EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT
(RODEO SENIOR)
This Exclusive Negotiating Rights Agreement (“Agreement”) is dated September__,
2019 (the “Effective Date”), and is between the COUNTY OF CONTRA COSTA, a political
subdivision of the State of California (the “County”), and EAH INC., a California nonprofit
corporation (the “Developer”).
RECITALS
A. The County, in its capacity as housing successor to the Contra Costa County
Redevelopment Agency, is the owner of approximately .98 acres of real property located
near Willow Avenue and San Pablo Avenue in Rodeo, California, having Assessor’s
Parcel Number 357-120-074, as more particularly described in Exhibit A (the
“Property”).
B. The County desires the Property to be developed in a manner that will result in at least 40
units of affordable housing for seniors, and (ii) a senior center, consisting of
approximately 1,200 square feet of space, to be used for programs for senior citizens
(together, such housing and the senior center are the “Development”).
C. Developer has developed projects similar to the proposed Development, including a 40-
unit senior housing development that is adjacent to the Property.
D. The purpose of this Agreement is twofold. First, it is intended to enable the parties to
assess the feasibility of the Development. Second, if the Development is determined to
be feasible, it is intended to enable the parties to negotiate a disposition and development
agreement (a “DDA”). Under the DDA, the Property would be conveyed to the
Developer for construction of the Development.
E. Because the property is a housing asset of the former Redevelopment Agency, its
disposition is governed by the County, in its capacity as housing successor, and is subject
to the requirements of Health and Safety Code Section 34176.
The parties therefore agree as follows:
AGREEMENT
Exclusive Negotiations
1. Good Faith Negotiations. The County and the Developer shall negotiate diligently and in
good faith during the Negotiating Period (defined below), the terms of a DDA for the
development of the Development on the Property.
2
Among the issues to be addressed in the negotiations are: (i) the price to be paid by the
Developer for the Property, (ii) the physical and land title conditions of the Property, (iii)
the type of entitlements necessary for the Development, (iv) the design, density, and mix
of uses within the Development, (v) the development schedule for the Development, (vi)
financing of the Development; (vii) the marketing of, sales process associated with, and
management of the Development, (viii) housing affordability and the nature of
affordability controls, (ix) the provision of public improvements related to the
Development, (x) and the green building components of the Development.
2. Negotiating Period. The "Negotiating Period" under this Agreement is comprised of (i)
an initial period of twelve months, beginning on the Effective Date, and, (ii) if agreed to
by the parties in writing, three six-month renewal periods. The County’s Director of
Conservation and Development (the “Director”) will make the determination for the
County with respect to whether the Negotiating Period will be extended through the
renewal periods. The Director’s decision will be based on his reasonable judgment as to
whether sufficient progress has been made toward a mutually acceptable DDA to merit
further negotiations.
a. Subject to Section 2.b. below, if a DDA is not executed by the parties prior to the
expiration of the Negotiating Period, this Agreement will terminate and neither
party will have any further rights or obligations under this Agreement (with the
exception of Section 22 (waiver of lis pendens), Section 23(d) (indemnity) and
Section 25 (no commissions), all of which survive the termination of this
Agreement). Upon the execution of a DDA by the County and the Developer, this
Agreement will terminate and all rights and obligations of the parties with respect
to the Development will be governed by the DDA.
b. Notwithstanding anything to the contrary in this Agreement, if at the end of the
Negotiating Period, a form of DDA has been mutually agreed upon by the
Developer and the Director but the DDA has not been approved by the parties’
governing bodies, the Director may extend the Negotiating Period to the date on
which the County holds a public hearing to consider approving the DDA.
3. Exclusive Negotiations. During the Negotiating Period, the County may only negotiate
with the Developer regarding development of the Property and may not solicit or
entertain bids or proposals for such development from any other entity.
4. Party Representatives. The Developer's representative to negotiate the DDA is Welton
Jordan, its Assistant Secretary. The County’s representative to negotiate the DDA is
Maureen Toms, its Deputy Director of Conservation and Development.
NEGOTIATION TASKS
5. Overview. To facilitate negotiation of the DDA, the parties shall use reasonable good
faith efforts to accomplish the negotiation tasks set forth below in an effort to (i)
3
determine the feasibility of the Development, and (ii) complete the negotiation and
execution of a mutually acceptable DDA prior to the expiration of the Negotiating Period.
6. Financing and Costs of Development. Within ninety days of the Effective Date, the
Developer shall prepare and submit to the County a detailed financial proforma for the
Development containing matters typically contained in such proformas, including
(without limitation) a detailed development cost budget and tax credit funding analysis.
The development cost budget will be used to evaluate the financial feasibility of the
Development and to identify financing sources for the Development. The Developer
shall cause the financial proformas to include (i) an analysis of the affordable units to be
constructed as part of the Development, and (ii) Developer's obligation to pay prevailing
wages in connection with the construction of the Development.
7. Purchase Price for the Property. During the Negotiation Period, the County and the
Developer shall seek to agree upon a purchase price for the Property. The proposed
purchase price for the Property will be subject to approval by the County’s Board of
Supervisor following a noticed hearing conducted in accordance with Health and Safety
Code Section 33433.
8. Site and Architectural Plans. During the Negotiation Period, the Developer shall prepare
and submit to the County a proposed site plan, including massing diagram and a
rendering that identifies the location, general configuration and proposed design
characteristics of the buildings, parking spaces, landscaping, and other aspects of the
Development. During the Negotiating Period the Developer shall prepare appropriate
refinements and modifications to the site plan, diagram and renderings for the County's
review and approval. During the Negotiating Period, the Developer shall affirmatively
outreach to the local community to obtain and consider community input regarding the
design of the Development.
9. Planning Approvals. The Developer acknowledges that the Development requires
approvals and entitlements from the County, including a General Plan amendment
(together, such approvals and entitlements are the "Planning Approvals"). During the
Negotiating Period, the Developer shall submit conceptual site plans and preliminary
designs for the Development to the appropriate County departments for their informal
review. During the Negotiation Period, County, at its sole cost and expense, will process
the General Plan Amendment and assist Developer with any other zoning issues. Except
with respect to the General Plan Amendment, the Developer shall submit applications for
those components, if any, of the Planning Approvals that are required to be submitted in
accordance with the schedule of performance described in Section 10 below.
10. Schedule of Performance. Within ninety (90) days after the Effective Date , the
Developer shall provide the County with a proposed detailed schedule of performance for
the Development which is to include, but is not limited to: The dates for obtaining
Planning Approvals and financing commitments for the Development, the date for the
submittal of construction plans to the City, the date for satisfaction of all preconditions to
conveyance of the Property, the dates for close of escrow and conveyance of the
4
Property, and the dates for the commencement and completion of construction of the
Development.
11. Due Diligence. During the Negotiating Period, the Developer shall conduct any and all
investigations it deems necessary to enable it to negotiate those aspects of the DDA that
relate to the physical condition of the Property at the time of conveyance.
12. Utilities. The Developer shall consult with the utility companies serving the Property to
determine if construction of the Development will require existing utility facilities to be
expanded, relocated or placed underground. The County shall assist and cooperate with
the Developer in such consultations.
13. Reports. The County shall provide the Developer with copies of all reports, studies,
analyses, correspondence and similar documents (collectively, "documents"), exclusive
of detailed property appraisals, prepared or commissioned by the County or in the
County’s possession with respect to the Property, this Agreement and the Development,
promptly following execution of this Agreement with respect to documents then in its
possession or under its reasonable control, and promptly upon their completion with
respect to any subsequently prepared documents.
The Developer acknowledges that the County needs sufficient detailed information about
the proposed Development (including, without limitation, the financial information
described in Section 6) to make informed decisions regarding the DDA.
14. Organizational Documents; Financial Statements. The Developer shall provide the
County with copies of its organizational documents evidencing that the Developer has
been duly organized, is in good standing and is able to perform its obligations under this
Agreement and the DDA. The Developer shall provide the County will copies of its
audited financial statements for the three years preceding the Effective Date, along with
evidence of its 501(c)(3) status.
15. Environmental Review. The County shall prepare or cause to be prepared the appropriate
environmental documentation required by the California Environmental Quality Act
("CEQA") for consideration of approval of the DDA, provided that nothing in this
Agreement may be construed to compel the County to approve or make any particular
findings with respect to such CEQA documentation. The Developer shall provide any
information about the Development that the County requires to enable it to prepare, or
cause to be prepared, CEQA-required documents, and shall generally cooperate with the
County to complete CEQA-related tasks.
16. Section 33433 Report. The County shall prepare the documentation that is required to be
submitted to the County Board and the County Board of Supervisors in conjunction with
the County's and the County’s consideration of any DDA, in accordance with Section
33433(a)(2)(B) of the California Health and Safety Code. The Section 33433 report will
contain the estimated value of the Property determined (i) at its highest and best use, and
5
(ii) at the use and with the conditions, covenants and development costs required pursuant
to the DDA.
17. Progress Reports. From time to time as reasonably agreed upon by the parties, each party
shall make oral or written progress reports advising the other party on studies being made
and matters being evaluated by the reporting party with respect to this Agreement and the
Development.
18. Outreach. The Developer shall prepare and submit to the County a plan for community
outreach associated with the development of the Development. During the Negotiating
Period, the Developer shall prepare appropriate refinements and modifications to the
community outreach plan that are reasonably requested by the County.
GENERAL PROVISIONS
2. Limitation on Effect of Agreement. This Agreement does not obligate either the County
or the Developer to enter into a DDA. By execution of this Agreement, the County is not
committing itself to or agreeing to undertake acquisition, disposition or exercise of
control over any parcels in the Property. Execution of this Agreement by the County is
merely an agreement to conduct a period of exclusive negotiations in accordance with the
terms hereof, reserving for subsequent County Board of Supervisors action, the final
discretion and approval regarding the execution of a DDA and all proceedings and
decisions in connection therewith. Any DDA resulting from negotiations pursuant to this
Agreement will be effective only if it is considered and approved by the County Board of
Supervisors in accordance with all legally required procedures, and if it is executed by
duly authorized representatives of the County and the Developer. Until and unless a
DDA is approved by the County Board and executed by the County and the Developer,
no agreement drafts, actions, deliverables or communications arising from the
performance of this Agreement will impose any legally binding obligation on either party
to enter into or support entering into a DDA or be used as evidence of any oral or implied
agreement by either party to enter into any other legally binding document.
3. Notices. Any notices required or permitted under this Agreement (other than day to day
routine communications) must be in writing and sent by overnight or personal delivery
with delivery receipt. Such notices are to be sent to the address listed below:
County: Contra Costa County, Housing Successor
30 Muir Road
Martinez, CA 94553
Attn: Maureen Toms, Deputy Director
Developer: EAH Inc.
22 Pelican Way
San Rafael, CA 94901
Attn: Welton Jordan
6
At any time, either party may designate in writing a substitute address for an address set
forth above and thereafter notices are to be directed to such substituted address. Notices
will be deemed received as follows: on the date shown on the delivery receipt as the date
of delivery, the date delivery was refused, or the date the item was returned as
undeliverable. If the date on the delivery receipt is not a business day, notice will be
deemed received on the following business day.
4. Waiver of Lis Pendens. It is expressly understood and agreed by the parties that no lis
pendens may be filed against any portion of the Property by reason of this Agreement or
any dispute or act arising from this Agreement.
5. Right of Entry. If the Developer or its consultants enter upon the Property, the Developer
shall:
(a) Give the County seventy-two (72) hours’ notice of intent to enter the Property and
the purpose of the entry.
(b) Repair and restore any damage it may cause.
(c) Deliver to the County, within ten (10) days of receipt thereof, a complete copy of
any investigation, test, report or study that the Developer conducts, or causes to be
conducted, with respect to the Property.
(d) Indemnify, defend and hold the County and its directors, officers, employees and
agents harmless from any and all claims, liabilities, damages, losses, expenses,
costs and fees (including reasonable, attorneys' fees and costs) that may
proximately arise out of the Developer's entry upon the Property or the
investigation(s) and test(s) the Developer may conduct.
(e) Prior to entry, cause the County to be named as an additional insured on a
Commercial General Liability insurance policy with limits not less than Two
Million Dollars ($2,000,000) each occurrence combined single limit for Bodily
Injury and Property Damage, including coverage from Contractual Liability,
Personal Injury, Broadform Property Damage, Products and Completed
Operations. The required insurance is to be provided under an occurrence form
by an insurer authorized and licensed to provide such insurance in the State of
California, and the Developer shall maintain such overage for not less than two
(2) years after the expiration of the Negotiating Period.
6. Costs and Expenses. Except as otherwise set forth in this Agreement, each party is
responsible for the costs and expenses it incurs as a result of activities and negotiations
undertaken in connection with, and the performance of its obligations under, this
Agreement.
7. No Commissions. The County is not liable for any real estate commissions or brokerage
fees that may arise as a result of this Agreement or a DDA. The County represents that is
7
has not engaged a broker, agent or finder in connection with this transaction and the
Developer agrees to defend and hold the County harmless from the claims of any broker,
agent or finder retained by the Developer.
8. Default and Remedies. Failure by either party to negotiate in good faith or to fulfill its
obligations under this Agreement is an event of default hereunder. At the non-defaulting
party’s election, the non-defaulting party may give written notice of a default to the
defaulting party, specifying the nature of the default and the action required to cure the
default. If the default remains uncured thirty (30) days after receipt of the notice by the
defaulting party, the non-defaulting party may terminate this Agreement.
a. Following a default and termination, neither party will have any further right,
remedy or obligation under this Agreement, except that the obligations under
Section 22 (waiver of lis pendens), Section 23(d) (indemnity) and Section 25 (no
commissions), all survive the termination of this Agreement.
b. Except as expressly provided above, if there is a default under this Agreement, (i)
neither party will be liable to the other party for damages or otherwise, and (ii)
neither party will have any other claims with respect to performance under this
Agreement. Each party specifically waives and releases any such rights or claims
it may otherwise have at law or in equity.
9. Governing Law. The laws of the State of California govern all matters arising out of this
Agreement.
10. Entire Agreement; Counterparts. This Agreement constitutes the entire agreement
between the parties regarding the subject matter of this Agreement. This Agreement may
be executed in counterparts.
11. Assignment. The Developer may not transfer or assign any or all of its rights or
obligations under this Agreement provided, however, that the Developer may assign this
Agreement to an affiliate of the Developer, so long as the Developer provides
documentation, reasonably acceptable to the County, that such affiliate is directly under
the control of the Developer, and such affiliate executes an assignment and assumption
agreement in a form reasonably acceptable to the County. Upon any permitted
assignment hereunder, the assigning party shall automatically without the need for further
documentation be released of all of its obligations under this Agreement that are assumed
by the assignee under such assignment and assumption agreement. Any other attempted
assignment of the Agreement shall be considered an event of default..
[Remainder of Page Intentionally Left Blank]
8
12. No Third Party Beneficiaries. This Agreement is made and entered into solely for the
benefit of the County and the Developer and no other person has any right of action under
or by reason of this Agreement.
The parties are signing this Agreement as of the date set forth in the introductory
paragraph.
COUNTY
Contra Costa County, a political subdivision
of the State of California
By: _____________________________
Maureen Toms, Deputy Director
DEVELOPER
EAH Inc., a California nonprofit corporation
By: _____________________________
Welton Jordan, Assistant Secretary
g:\cdbg-redev\redev\rodeo rda\rodeo senior-phase 2\rodeo - ena - 10-23-19.docx
9
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Parcel B as shown on that certain Parcel Map of Subdivision MS 980018 filed on October 17,
2001 in Book 181 of Parcel Maps, pages 43-46, Contra Costa County Records.
APN: 357-120-074
RECOMMENDATIONS
ADOPT the proposed 2020 meeting schedule for the Housing Authority of the County of Contra Costa
Board of Commissioners, which has been coordinated with the Contra Costa County Board of Supervisors
and the Contra Costa County Fire Protection District Board of Directors:
March 10
May 19
July 14
September 22
December 8
BACKGROUND
Each year, the Board of Commissioners adopts a meeting schedule that designates regular meeting dates
and any dates on which meetings must be canceled in anticipation that a quorum of the Board will not be
present. The proposed meeting schedule provides 5 meetings for the Board of Commissioners and has been
coordinated with the Contra Costa County Board of Supervisors and the Contra Costa County Fire
Protection District. The proposed meeting schedule recognizes the time demands on the Board members
Action of Board On: 11/12/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF COMMISSIONERS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Jami Napier, 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: November 12, 2019
Joseph Villarreal, Executive Director
By: June McHuen, Deputy
cc:
C. 52
To:Contra Costa County Housing Authority Board of Commissioners
From:Joseph Villarreal, Housing Authority
Date:November 12, 2019
Contra
Costa
County
Subject:2020 Meeting Schedule for the Housing Authority Board of Commissioners
BACKGROUND (CONT'D)
due to their participation on committees, and numerous regional and local legislative bodies and task forces,
which require preparation, attendance, and involve travel. There are legal provisions to schedule a special
meeting to address any urgent need that cannot be accommodated in the standing meeting schedule.
The 2020 proposed meeting schedule has been prepared in consultation with the incoming Board Chair and
the County Administrator and is recommended for the Board's adoption. The Board of Supervisors has
already adopted its schedule.
FISCAL IMPACT
No fiscal impact.
RECOMMENDATIONS
DENY claim filed by LaTanya Warren.
BACKGROUND
LaTanya Warren: Property claim for damage to personal property due to plumbing issue in the amount of
$1,820.
FISCAL IMPACT
No fiscal impact.
Action of Board On: 11/12/2019 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF COMMISSIONERS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Scott Selby
925.335.1400
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: November 12, 2019
Joseph Villarreal, Executive Director
By: Jami Napier, Deputy
cc:
C. 53
To:Contra Costa County Housing Authority Board of Commissioners
From:Joseph Villarreal, Housing Authority
Date:November 12, 2019
Contra
Costa
County
Subject:Claims
RECOMMENDATION(S):
APPROVE and AUTHORIZE the County Librarian, or designee, to close all branches of the County
Library according to the holiday and training schedule outlined in the attached "2020 Library Closures" list.
FISCAL IMPACT:
None
BACKGROUND:
Every year in the Fall, the County Administrator's Office sends out a list to all department heads of the
holidays that will be observed during the following calendar year. Using this information, an annual
Library Closures list is created and submitted (attached) to the Board of Supervisors for approval.
CONSEQUENCE OF NEGATIVE ACTION:
The libraries will remain open and library employees will be unable to observe the holidays most other
county employees do.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2019 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
Federal D. Glover, District V
Supervisor
Contact: Walt Beveridge
925-608-7730
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: November 12, 2019
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 54
To:Board of Supervisors
From:Melinda Cervantes, County Librarian
Date:November 12, 2019
Contra
Costa
County
Subject:Library Closure List for 2020
ATTACHMENTS
2020 Library Closures
2020 Holiday
Schedule
Closures for January 1, 2020 through December 31, 2020:
Wednesday, January 1, 2020 New Year's Day All libraries closed (holiday)
Monday, January 20, 2020 Dr. Martin Luther King Jr. Day All libraries closed (holiday)
Monday, February 17, 2020 Presidents’ Day All libraries closed (holiday)
Sunday, April 12, 2020 Easter All libraries closed
Sunday, May 10, 2020 Mother’s Day All libraries closed
Sunday, May 24, 2020 All libraries closed
Monday, May 25, 2020 Memorial Day All libraries closed (holiday)
Friday, July 3, 2020 All libraries closed
Saturday, July 4, 2020 Independence Day All libraries closed (holiday)
Sunday, September 6, 2020 All libraries closed
Monday, September 7, 2020 Labor Day All libraries closed (holiday)
Monday, October 12, 2020 All Staff Training Day All libraries closed
Wednesday, November 11, 2020 Veterans Day All libraries closed (holiday)
Wednesday, November 25, 2020 (day before Thanksgiving) All libraries close at 6:00 p.m.
Thursday, November 26, 2020 Thanksgiving Day All libraries closed (holiday)
Thursday, December 24, 2020 Christmas Eve All libraries closed (holiday)
Friday, December 25, 2020 Christmas Day All libraries closed (holiday)
Thursday, December 31, 2020 New Year’s Eve All libraries close at 5:00 p.m.