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HomeMy WebLinkAboutMINUTES - 12172019 -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. AGENDA December 17, 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. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION (Gov. Code§ 54956.9(d)(1)) Jeannie Atienza v. Town of Danville, et al.; United States District Court, Northern District of California Case No. C19-03440 1. Horace Tolliver v. Concord Yellow Cab, Inc.; Contra Costa County Superior Court Case No. C19-000042. C. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov. Code, § 54956.9(d)(2): [One potential case] Initiation of litigation pursuant to Gov. Code, § 54956.9(d)(4): [One potential case] 9:30 A.M. Call to order and opening ceremonies. Inspirational Thought- “For last year's words belong to last year's language and next year's words await another voice. And to make an end is to make a beginning.” - T.S. Eliot voice. And to make an end is to make a beginning.” - T.S. Eliot 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. 75 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 of the 2019 Chair of the Board Award. (Supervisor Gioia)     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 PRESENTATION honoring Larry Sly, the executive director of the Food Bank of Contra Costa and Solano Counties, on the occasion of his retirement. (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 DISCUSSION ITEMS   D.1 CONSIDER Consent Items previously removed.    Consent item C.21 was removed to allow for public commentary and subsequently adopted as presented.   D.2 PUBLIC COMMENT (2 Minutes/Speaker)    Mark Wassberg, spoke on the nuisance conditions created by the homeless on his property and his dissatisfaction with law enforcement action; The following members of IHSS Providers SEIU 2015 spoke on the need for better wages and reasonable benefits: Faith Beitia, Andrew O’Bryan, and Amarylles Groce   D. 3 CONSIDER accepting an update on the moratorium on the assessment and collection of certain criminal justice fees and CONSIDER authorizing the County Administrator, or designee, to request the Superior Court of California of the County of Contra Costa to incur the necessary expenditures to implement the moratorium, as requested by the Public Protection Committee. (Supervisor Gioia)       Speaker: Rebecca Brown, resident of Richmond. ADOPTED the recommendations; and DIRECTED the County Administrator to report back to the Board in 90 days for an update.    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 CONSIDER accepting the report regarding the status of the implementation of the strategic plan for Buchanan Field Airport and Byron Airport. (Keith Freitas, Director of Airports)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor  AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D. 5 HEARING to consider adoption of Ordinance No. 2019-40, authorizing the levy of an increased special tax for police protection services in County Service Area P-2 Zone A (Blackhawk area), fixing of election and taking related actions. (Supervisor Burgis)       Speakers: Tim Ryan, resident of Danville; Chris Gallagher, resident of Danville; Ron Banducci, resident of Danville.     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 accepting the updated report on potential regulation of short-term rental of private dwellings within unincorporated areas of the County, as recommended by Conservation and Development Director. (John Kopchik and Francisco Avila, Department of Conservation and Development)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D. 7 HEARING to consider adopting Resolution No. 2019/637, to establish new fees, charges, and deposits for the rental of the Lefty Gomez Community Center beginning December 18, 2019, and to consider approving rental applications, rules, regulations, and insurance requirements, Rodeo area. (Rochelle Johnson, Public Works Department)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D. 8 HEARING to consider adopting Resolution No. 2019/639, to establish new fees, charges, and deposits for the rental of the Montarabay Community Center beginning December 18, 2019, and to consider approving rental applications, rules, regulations, and insurance requirements, San Pablo area. (Rochelle Johnson, Public Works Department)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D. 9 HEARING to consider approving the Balmore Court Project, a 30-unit single-family residential development in the El Sobrante area, including adopting a rezoning ordinance, approving a preliminary development plan, and adopting a mitigated negative declaration, as recommended by the County Planning Commission. (1486 Investors, LLC - Applicant and Owner) (Stanley Muraoka, Department of Conservation and Development)       Carl Curry, resident of El Sobrante; Bill Roland, resident of El Sobrante, Dan Shaw, Owner. CLOSED the hearing; ADOPTED recommendations as presented; and DIRECTED staff to condition the project to include a provision to require occupants to utilize their garage to park cars.   D.10 HEARING to consider adoption of Resolution No. 2019/664, which amends the Land Development Fee Schedule to revise the initial deposit for Historic Nomination Application Fees. (Aruna Bhat and Stanley Muraoka, 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.11 Acting in its capacity as the Contra Costa County Board of Supervisors and as the Board of Directors    D.11 Acting in its capacity as the Contra Costa County Board of Supervisors and as the Board of Directors of the Contra Costa County Fire Protection District and the Crockett-Carquinez Fire Protection District, HEARING to consider adopting Ordinance No. 2019-37, adopting the 2019 California Fire Code, with local amendments, as the fire code within Contra Costa County, the Contra Costa County Fire Protection District, and the Crockett-Carquinez Fire Protection District. (Chris Bachman, Assistant Chief / Fire Marshal)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D.12 CONSIDER adoption of Resolution 2019/660 authorizing the Health Services Director to apply for and if awarded, accept No Place Like Home funds, as the sole applicant or with one or more affordable housing developers (Development Sponsor) and enter into, execute and deliver all documents required or deemed necessary to accept the funds, and CONSIDER authorizing the Health Services Department to execute a Memorandum of Understanding between the County and Development Sponsor, to include the County’s commitment to providing mental health supportive services to the project’s NPLH tenants for a minimum of twenty years. (Warren Hayes, Health Services Department) (Consider with D. 13)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D.13 Acting as the Governing Board of the County of Contra Costa Public Financing Authority (“Authority”) and the County of Contra Costa, CONSIDER approving and authorizing the Chair, Board of Directors of the Authority, to execute a grant deed conveying the real property located at 1034 Oak Grove Road, Concord, and commonly identified as Assessor’s Parcel Nos. 129-190-012, -043, and -044, (the “Property”) to Contra Costa County pursuant to Government Code section 25365, APPROVE and AUTHORIZE the acceptance of the Property on behalf of the County pursuant to Government Code section 25353 and take related actions. (Warren Hayes, Health Services Department) (Consider with D. 12)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D.14 CONSIDER reports of Board members.    The Board wishes everyone a safe and happy holiday season.   Closed Session    There were no announcements from Closed Session.   ADJOURN    Adjourned today's meeting at 1:12 p.m.   CONSENT ITEMS   Road and Transportation   C. 1 ACCEPT the 2019 Semi-Annual Report of Real Estate Acquisition Acceptances dated January 1 – June 30, 2019, approved by the Public Works Director, as submitted, Antioch, Danville, Martinez, San Ramon and Walnut Creek areas. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor  AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 2 ADOPT Resolution No. 2019/666 accepting as complete the contracted work performed by Bay Cities Paving & Grading for the Contra Costa County Local Streets and Roads Preservation Project, as recommended by the Public Works Director, Byron and El Sobrante areas. (66% One Bay Area Grant-Local Streets and Roads Preservation Fund and 34% Local Road 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. 3 ADOPT Resolution No. 2019/667 accepting as complete the contracted work performed by Bay Cities Paving & Grading for the Byron Highway Traffic Safety Improvements Project, as recommended by the Public Works Director, Byron area. (19% Federal Highway Safety Improvement Program Fund and 81% Local Road 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 Engineering Services   C. 4 ADOPT Resolution No. 2019/653 accepting completion of improvements for SD87-06844, a project being developed by Seclusion Development Group, LLC, as recommended by the Public Works Director, Lafayette area. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Special Districts & County Airports   C. 5 ACCEPT a summary of Contra Costa County’s 2018-19 annual report of compliance with Bay Area’s Municipal Regional Stormwater Permit, as recommended by the Public Works Director, Countywide. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 6 Acting as the Governing Board of the West Contra Costa Healthcare District, APPROVE and AUTHORIZE the County Treasurer to enter into a three-year contract with U.S. Bank National Association for banking services on behalf of West Contra Costa Healthcare 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 Claims, Collections & Litigation   C. 7 DENY claims filed by Jose Chim – AAA Insurance, Lee Self, Michael Burns, Anne H. Shay, Kimberly Wright and Ty Montanez, Rod Arsalan Bahmanyari, City of Orinda, Amy Warren and Craig Warren, Ronald Bouslog, LaRonn Keith Bragg, Second Look Inc. A/S/O Brenda Lugo, Katherine Staudt, and Housing Authority Claim by Chrisa Porter.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor  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. 8 ADOPT Resolution No. 2019/661 honoring Larry Sly, the Executive Director of the Food Bank of Contra Costa & Solano 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. 9 ADOPT Ordinance No. 2019-39 to establish an expedited, streamlined permitting process for electric vehicle charging stations, 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. 10 ADOPT Ordinance No. 2019-35, authorizing the Public Works Director, until January 1, 2025, to acquire real property where the purchase price does not exceed $100,000, Countywide. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 11 RATIFY Rodeo-Hercules Fire Protection District Ordinance No. 2019-01 as modified, implementing the 2019 California Fire Code with local amendments in the unincorporated portion of the District's service area, 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 Appointments & Resignations   C. 12 ACCEPT the resignation of Julia Miner effective January 7, 2020, DECLARE a vacancy in the District II seat on the Family and Children's Trust Committee, and DIRECT the Clerk of the Board to post the vacancy, as recommended by Supervisor Andersen.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 13 ACKNOWLEDGE receipt of the preference forms for Board of Supervisors appointments to 2020 committees, boards and commissions, submitted to the Clerk of the Board.       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 REAPPOINT Susan Captain to the Public Member #1 seat and APPOINT Stephen Pree to the Public Member #2 seat on the Integrated Pest Management Advisory Committee, as recommended by the Internal Operations Committee.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor  AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 15 APPOINT Kirk Schumacher to the Board of Supervisors Representative seat and Paula Troy to the Board of Supervisors Alternate Representative seat on the Treasury Oversight Committee, as recommended by the Internal Operations 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 APPOINT Clayton Laderer to the At Large Alternate #3 seat on the Contra Costa County Fire Protection District Advisory Fire Commission, as recommended by the Internal Operations 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. 17 REAPPOINT Dean E. Barbieri to the Member of the Bar seat on the Public Law Library Board of Trustees, as recommended by the Internal Operations 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. 18 REAPPOINT Jim Payne to the Labor #2 seat and Tracy Scott to the Labor #2 Alternate seat, and APPOINT Ed Morales to the Environmental Organizations #2 Alternate seat on the Hazardous Materials Commission, as recommended by the Internal Operations Committee.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 19 APPOINT Andrew Sutherland to the Representative of an Environmental Organization Seat, Kimberly Hazard to the Representative from the County Sustainability Commission Seat, Teri Rie to the Representative of the County/Unincorporated County Storm Water Program, Susan Heckly to the Representative of the County Fish and Wildlife Committee Seat, and Carlos Agurto to the County Pest Management Contractor Seat on the Integrated Pest Management Advisory Committee, as recommended by the Health Services Director.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 20 APPOINT Daniel Peddycord, R.N., as Alternate to Chris Farnitano, M.D. on the Contra Costa First 5 Children & Families Commission, as recommended by the Health Services Director.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 21 APPOINT Shannon Mahoney to the Victims' Representative seat on the Community Corrections Partnership, as recommended by the Public Protection Committee.       Speaker: Rebecca Brown, Further The Work.     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 ACCEPT resignation of Richard Clark, DECLARE vacant the At Large 2 seat on the County Planning Commission, and DIRECT the Clerk of the Board to post the vacancy, 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 Appropriation Adjustments   C. 23 Employment and Human Services Department (0501): APPROVE Appropriations and Revenue Adjustment No.005031 authorizing new revenue in the amount of $467,991 from the State of California Office of Systems Integration on behalf of the California Statewide Automated Welfare System (CalSAWS) project, and appropriating it for Fiscal Year 2019/20 in the Employment and Human Services Department.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 24 Contra Costa County Fire Protection District (7025): Acting as the Governing Board of the Contra Costa County Fire Protection District, APPROVE Appropriation and Revenue Adjustment No.005023 authorizing new revenue in the amount of $3,500,000, from Contra Costa County Fire Protection District fund balance, and appropriating it in the CCCFPD Capital Construction Fund to fund the construction of a new Fire Station 70 and the initial planning and design phases of other fire station construction projects. (100% CCCFPD Fund Balance)       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. 25 ADOPT a position of "Support" on S. 2626, the Restoring Health Benefits for Justice-Involved Individuals Act, which would allow for continued access to Medicare, the Children's Health Insurance Program (CHIP) and veterans' health benefits while an individual is awaiting trail, and S. 2628, the Equity in Pretrial Medicaid Coverage Act, which supports continued access to Medicaid benefits while an individual is awaiting trial.        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. 26 ADOPT Position Adjustment Resolution No. 22502 to cancel one Clerk Experienced Level (represented), and add one Clerical Supervisor (represented) in the Employment and Human Services Department, Administrative Support Services Bureau. (44% Federal revenue, 51% State, 5% County)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 27 ADOPT Position Adjustment Resolution No. 22508 to reallocate the salary of the Deputy County Librarian (unrepresented) classification on the Salary Schedule in the Library Department. (100% Library 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. 28 Acting as the Governing Board of the Contra Costa County Fire Protection District, ADOPT Position    C. 28 Acting as the Governing Board of the Contra Costa County Fire Protection District, ADOPT Position Adjustment Resolution No. 22559 to establish the classification of Fire Control Worker (unrepresented) in the Contra Costa County Fire Protection District. (100% Special District General Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 29 ADOPT Position Resolution No. 22556 to add six Principal Planner Level A positions (represented) in the Department of Conservation and Development. (100% Land Development 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. 30 ADOPT Position Adjustment Resolution No. 22557 to add one Secretary-Journey Level position (represented) and cancel one Clerk Senior Level position (represented) position in the Workforce Services Bureau, as recommended by the Employment and Human Services Department Director. (100% State CalWORKS)       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 ADOPT Position Adjustment Resolution No. 22560 to add one Training and Staff Development Specialist (represented) and cancel one Vegetation Management Supervisor (represented) in the Public Works Department. (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. 32 ADOPT Position Adjustment Resolution No. 22562 to add twenty, part time Certified Nursing Assistant positions (represented) in the Health Services Department. (100% Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, 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. 33 APPROVE and AUTHORIZE the Public Works Director, or designee, to executea contract with Contra Costa Mosquito and Vector Control District, to pay the County an amount not to exceed $200,000 to provide vehicle preventative maintenance and repair services for the period January 1, 2020 through January 1, 2021. (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. 34 ADOPT Resolution No. 2019/659 to approve and authorize the Employment and Human Services Director, or designee, to execute a contract amendment with the California Department of Aging, to increase the contract amount payable to the County by $9,514 to a new contract amount of $1,003,188 to provide Health Insurance and Advocacy Program services for the period July 1, 2017 through June 30, 2020. (37% Federal and 63% State)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor  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 County Librarian, or designee, to apply for and accept a grant in the amount of $10,000 from Southern California Library Cooperative to provide a Design Plan for Antioch Library's needed improvements for the period January 1 through June 30, 2020. (110% Library Fund match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 36 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to apply for and accept the California Workforce Development Board Workforce Accelerator Fund 8.0 funding in an amount not to exceed $150,000 to support innovative strategies that bridge education and workforce gaps for people experiencing homelessness and housing instability in Contra Costa County. (100% Federal, 1:1 cash or in-kind 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. 37 ADOPT Resolution No. 2019/663 authorizing the Sheriff-Coroner, or designee, to apply for and accept the 2019 Paul Coverdell Forensic Services Improvement Grant, with the Governor's Office of Emergency Services, as fiscal agent, in an initial amount of $72,335 for support of forensic training for the period beginning January 1, 2020 through the end of the grant period. (100% Federal, No County Match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover APPROVE and AUTHORIZE execution of agreement between the County and the following parties as noted for the purchase of equipment and/or services:   C. 38 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, an amendment to purchase order with GE Precision Healthcare Inc, to extend the term from November 30, 2019 through December 31, 2019 and to increase the payment limit by $226,000 to a new payment limit of $3,859,846 for the maintenance of imaging systems at the Contra Costa Regional Medical Center and Health Centers. (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 Grand Canyon University to provide supervised field instruction through the Contra Costa Health Services Maternal Child and Adolescent Health program, for its College of Nursing and Health Care Professions doctorate students, for the period November 1, 2019 through June 30, 2021. (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. 40 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Pinnacle Mental Wellness Group, a Family Counseling Community, Inc., in an amount not to exceed $250,000 to provide outpatient psychotherapy services to Contra Costa Health Plan members for the period January 1, 2020 through December 31, 2021. (100% Contra Costa Health Plan Enterprise Fund II)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 41    C. 41 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Louis Klein, M.D., in an amount not to exceed $500,000 to provide professional OB/GYN services for Contra Costa Health Plan members for the period December 1, 2019 through November 30, 2021. (100% Contra Costa Health Plan Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 42 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with Interactive Resources, Inc., effective October 13, 2019, to increase the payment limit by $100,000 to a new payment limit of $1,000,000 and to extend the term from October 13, 2019 through October 13, 2020, to continue to provide on-call architectural services for various facilities projects, Countywide. (100% Various Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 43 APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute legal documents with the Richmond Housing Authority for a loan of $401,523 in Community Development Block Grant funds to finance the repair and replacement of two elevators in Nevin Plaza, a public housing development 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. 44 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Positive and Vigilant Healthcare, Inc. (dba Alhambra Convalescent Hospital), in an amount not to exceed $300,000 to provide skilled nursing facility services to Contra Costa Regional Medical Center and Health Center patients at their facility in Martinez for the period January 1, 2020 through December 31, 2020. (100% Whole Person Care 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. 45 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Anchor Engineering, Inc., in an amount not to exceed $500,000 to provide on-call project management services, for the period January 1, 2020 to December 31, 2022, Countywide. (100% Various Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 46 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Consolidated CM, in an amount not to exceed $500,000 to provide on-call project management services, for the period January 1, 2020 through December 31, 2022, Countywide. (100% Various Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 47 APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract with Rubicon Programs, Inc., in an amount not to exceed $300,000 to provide an Evening Connections Program for the period July 1, 2020 through June 30, 2021. (100% SB 1020 Local Innovation Subaccount)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 48 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with    C. 48 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Swinerton Builders, in an amount not to exceed $500,000 to provide on-call project management services, for the period January 1, 2020 through December 31, 2022, Countywide. (100% Various Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 49 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with Bates Stringer – Oak Park, LLC, effective April 1, 2019, to increase the payment limit by $410,000, to a new payment limit of $1,960,000, and extend the term of the contract by one month to November 30, 2020, for continued real estate services related to the County-owned property located at 1700 Oak Park Blvd and 1750 Oak Park Blvd. in Pleasant Hill. (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. 50 APPROVE the Health Services Department, Data Center Improvement Project and AUTHORIZE the Public Works Director, or designee, to advertise the Project, Concord area. (100% Hospital Enterprise Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 51 APPROVE and AUTHORIZE the Auditor-Controller, to pay $88,159.53 to TForce Final Mile West, LLC, a Limited Liability Company, for courier services provided to the Contra Costa Regional Medical Center, Contra Costa Health Centers, and Contra Costa Detention Facilities, for the period of December 29, 2018 through June 22, 2019. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 52 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with DJR Healthcare Consulting, Inc., in an amount not to exceed $597,000 to provide consultation and technical assistance to the Contra Costa Regional Medical Center and Health Centers for the period January 1, 2020 through December 31, 2021. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 53 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Shelter Inc., effective December 31, 2019, to increase the payment limit by $119,282 to a new payment limit of $675,000 and extend the termination date from December 31, 2019 to February 29, 2020, for additional supportive housing services for homeless families. (100% Employment and Human Services Department CalWORKS)       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 Health Services Director, or designee, to execute a contract amendment with David H, Raphael, M.D., effective December 1, 2019, to increase the payment limit by $158,000 to a new payment limit of $984,000, to provide additional general surgery services to Contra Costa Regional Medical Center and Health Centers with no change in the term January 1, 2019 through December 31, 2020. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor  AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 55 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Michael C. Gynn, M.D., effective December 1, 2019, to increase the payment limit by $60,000 to a new payment limit of $890,000, to provide additional general surgery services with no change in the term January 1, 2019 through December 31, 2020. (100% Hospital Enterprise Fund I).       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 56 APPROVE clarification of Board action of November 12, 2019, (C.34) to change the name of the vendor from Express Scripts Pharmacy, Inc to Priority Healthcare Distribution Inc. (dba Curascript Specialty Distribution) with no change in the payment limit of $500,000 and no change in the term December 1, 2019 through November 30, 2019. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 57 APPROVE and ACKNOWLEDGE that the contract between the County and the Regents of the University of California, Davis, for staff training and approved to be authorized by the Board on September 24, 2019 (Item C. 44), does not contain a match requirement imposed on the University, does require County revenue, includes the possibility of child welfare trainings, reflects a reduced number of anticipated trainings and reflects a payment limit of $114,750, not $117,335. (48% Federal, 28% State, 24% County)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 58 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Center for Human Development, effective December 1, 2019, to decrease the payment limit by $74,692 to a new payment limit of $619,309, to provide fewer substance abuse primary prevention program services to high risk youth with no change in the term July 1, 2019 through June 30, 2020. (100% Federal Substance Abuse Prevention and Treatment Primary Prevention 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. 59 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a novation contract with Seneca Family of Agencies, in an amount not to exceed $8,931,426 to provide school and community-based mental health services for seriously emotionally disturbed children for the period July 1, 2019 through June 30, 2020, including a six-month automatic extension through December 31, 2020 in an amount not to exceed $4,465,713. (50% Federal Medi-Cal; 41% County Realignment; 4% Mount Diablo/Martinez/Walnut Creek Unified School District Grants; 5% Employment and Human Services Department)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 60 APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a contract amendment with Alta Planning + Design, Inc., to extend the term from December 31, 2019 through February 29, 2020, with no change to the payment limit, to continue analyzing the feasibility of active transportation concepts for the Iron Horse Corridor. (100% Contra Costa Transportation Authority grant funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor  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. 61 APPROVE and AUTHORIZE the County Probation Officer, or designee, to execute a software and services agreement with Kronos Incorporated, in an amount not to exceed $70,000 for Kronos Workforce Scheduling and Timekeeping software for the period of December 20, 2019 through December 19, 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. 62 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Syserco, Inc., a California Corporation, in an amount not to exceed $2,500,000, to provide building automation hardware and software maintenance and repair, for the period February 1, 2020 through January 31, 2023, Countywide. (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 Other Actions   C. 63 ADOPT Resolution No. 2019/636, nominating two County districts in Bay Point and Pacheco as Association of Bay Area Governments/Metropolitan Transportation Commission's recognized Priority Production Areas, and supporting the City of Antioch's nomination of the Wilbur Avenue corridor, in order to establish eligibility for grant funding and other resources, as recommended by the Conservation and Development Director. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 64 ACCEPT the Contra Costa County Library Commission 2019 Annual Report and 2020 Work Plan, 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 C. 65 ACCEPT the Contra Costa County Historical Landmarks Advisory Committee 2019 Annual Report, as recommended by the Conservation and Development Director. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 66 ADOPT Resolution No. 2019/665 conditionally providing for the issuance of multifamily housing revenue bonds in an aggregate amount not to exceed $18,000,000 to finance the acquisition and construction of Veteran's Square Apartments, a 30-unit multifamily residential rental housing development, located at 901 Los Medanos Street and 295 E. 10th Street in the City of Pittsburg, California, and approving related actions, as recommended by Conservation and Development Director. (100% Special 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. 67 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with    C. 67 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with University of the Pacific to provide supervised field instruction at Contra Costa Regional Medical Center and Health Centers, for its Department of Physical Therapy and Speech Therapy doctorate students for the period January 1, 2020 through December 31, 2021. (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. 68 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute legal documents to grant $1,180,000 in Local Government Special Needs Housing Program funds to pay for the acquisition of two parcels, 903-919 Virginia Avenue and 360-366 South 9th Street in Richmond, by Housing Consortium of the East Bay to use as special needs housing, as recommended by the Health Services Director. (100% State 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. 69 ACCEPT the November 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. 70 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute an exclusive negotiating rights agreement with Eden Housing, Inc. and Community Housing Development Corporation-North Richmond for the revitalization and reuse of the former West County Health Center as a 99-unit affordable housing development at 100 38th Street, Richmond. (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. 71 APPROVE the list of providers recommended by Contra Costa Health Plan's Peer Review and Credentialing Committee on November 12, 2019, and by the Health Services Director, as required by the State Departments of Health Care Services and Managed Health Care, and the Centers for Medicare and Medicaid Services. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 72 APPROVE and AUTHORIZE the County Treasurer to execute an Addendum to the Agreement for the Administrative Services between the County of Contra Costa and Public Agency Retirement Services Related to the Public Agencies Post-Retirement Health Care Plan/Trust. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 73 ACCEPT the 2019 Advisory Body Annual Report for the Affordable Housing Finance Committee, as recommended by the Conservation and Development Director. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 74 ACCEPT the 2019 year-end report on the activities of the Internal Operations Committee and APPROVE disposition of referrals as recommended by the 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. 75 ACCEPT the 2019 year-end report on the activities of the Family and Human Services Committee and APPROVE disposition of referrals as recommended by the 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   GENERAL INFORMATION The Board meets in all its capacities pursuant to Ordinance Code Section 24-2.402, including as the Housing Authority and the Successor Agency to the Redevelopment Agency. Persons who wish to address the Board should complete the form provided for that purpose and furnish a copy of any written statement to the Clerk. Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the Clerk of the Board to a majority of the members of the Board of Supervisors less than 72 hours prior to that meeting are available for public inspection at 651 Pine Street, First Floor, Room 106, Martinez, CA 94553, during normal business hours. All matters listed under CONSENT ITEMS are considered by the Board to be routine and will be enacted by one motion. There will be no separate discussion of these items unless requested by a member of the Board or a member of the public prior to the time the Board votes on the motion to adopt. Persons who wish to speak on matters set for PUBLIC HEARINGS will be heard when the Chair calls for comments from those persons who are in support thereof or in opposition thereto. After persons have spoken, the hearing is closed and the matter is subject to discussion and action by the Board. Comments on matters listed on the agenda or otherwise within the purview of the Board of Supervisors can be submitted to the office of the Clerk of the Board via mail: Board of Supervisors, 651 Pine Street Room 106, Martinez, CA 94553; by fax: 925-335-1913. The County will provide reasonable accommodations for persons with disabilities planning to attend Board meetings who contact the Clerk of the Board at least 24 hours before the meeting, at (925) 335-1900; TDD (925) 335-1915. An assistive listening device is available from the Clerk, Room 106. Copies of recordings of all or portions of a Board meeting may be purchased from the Clerk of the Board. Please telephone the Office of the Clerk of the Board, (925) 335-1900, to make the necessary arrangements. Forms are available to anyone desiring to submit an inspirational thought nomination for inclusion on the Board Agenda. Forms may be obtained at the Office of the County Administrator or Office of the Clerk of the Board, 651 Pine Street, Martinez, California. Applications for personal subscriptions to the weekly Board Agenda may be obtained by calling the Office of the Clerk of the Board, (925) 335-1900. The weekly agenda may also be viewed on the County’s Internet Web Page: www.co.contra-costa.ca.us STANDING COMMITTEES The Airport Committee (Supervisors Diane Burgis and Karen Mitchoff) meets on the second Wednesday of the month at 11:00 a.m. at Director of Airports Office, 550 Sally Ride Drive, Concord. The Family and Human Services Committee (Supervisors Candace Andersen and John Gioia) meets on the fourth Monday of the month at 10:30 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Finance Committee (Supervisors Karen Mitchoff and John Gioia) meets on the fourth Monday of the month at 9:00 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Hiring Outreach Oversight Committee (Supervisors Candace Andersen and Federal D. Glover) meets on the first Monday of every other month at 1:00 p.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Internal Operations Committee (Supervisors Diane Burgis and Candace Andersen) meets on the second Monday of the month at 1:00 p.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Legislation Committee (Supervisors Karen Mitchoff and Diane Burgis) meets on the second Monday of the month at 10:30 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Public Protection Committee (Supervisors John Gioia and Federal D. Glover) meets on the first Monday of the month at 10:30 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Transportation, Water & Infrastructure Committee (Supervisors Karen Mitchoff and Candace Andersen) meets on the second Monday of the month at 9:00 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. Airports Committee See above Family & Human Services Committee See above Finance Committee See above Hiring Outreach Oversight Committee See above Internal Operations Committee See above Legislation Committee See above Public Protection Committee See above Transportation, Water & Infrastructure Committee 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): 1. CONSIDER accepting an Update Summary Report on the moratorium on the assessment and collection of certain criminal justice fees; 2. CONSIDER authorizing the County Administrator, or designee, to request the Superior Court of California of the County of Contra Costa to incur the necessary expenditures to fully implement the moratorium; and 3. CONSIDER approving and authorizing the Auditor-Controller, or designee, to pay Superior Court of California of the County of Contra Costa for the actual costs incurred by the Court to implement the moratorium. FISCAL IMPACT: The net budgetary impact of fully implementing the moratorium is approximately $400,000 in unrealized revenue (see Attachment E). Additionally, the Court's estimated cost to implement the moratorium is approximately $64,000, which would be billed to the County. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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 Reyes, 335-1096 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Robert Campbell, Auditor-Controller D. 3 To:Board of Supervisors From:PUBLIC PROTECTION COMMITTEE Date:December 17, 2019 Contra Costa County Subject:Criminal Justice Fees BACKGROUND: On February 26, 2019, the Board of Supervisors referred to the Public Protection Committee the issue of criminal justice system fees charged to individuals. Existing law allows the County to impose various criminal justice fees for the cost of administering the criminal justice system. The referral requested a review of the current programs, policies and practices related to criminal justice fees. On April 1, 2019, the Public Protection Committee accepted an introductory report on the issue of criminal justice fees assessed in the County. The report provided during this meeting focused on criminal justice fees that had been positively identified as being local and discretionary fees (ones not mandated by California law): Probation Fees, Public Defender Fees, and Sheriff Custody Alternative Facility Fees. On July 1, 2019, the Public Protection Committee accepted an a follow-up report on this issue which included a review of a wider range of criminal justice fees, including those that are mandated by state legislation. The Public Protection Committee voted unanimously to refer to the full Board of Supervisors a temporary moratorium on the assessment and collection of criminal justice fees currently authorized by the Contra Costa County Board of Supervisors. On September 17, 2019, the Board of Supervisors adopted Resolution No. 2019/522 (see Attachment B) to place a moratorium on the assessment and collection of certain criminal justice fees. The Board of Supervisors directed the Public Protection Committee to gather additional data about criminal justice fees in Contra Costa County and to return to the Board of Supervisors before the end of the calendar year. On September 30, 2019, the Public Protection Committee accepted an update on the implementation of the moratorium on the collection of adult criminal justice fee. The Committee directed staff to assemble a small work group to identify and provide to the Committee any additional available and relevant data. In November and December 2019, the Committee was updated on the information the workgroup had compiled. This update has been summarized in the Summary Update Report (see Attachment A) and included information on the San Francisco Financial Justice Project, the ability-to-pay process of Probation and the Sheriff's Office, local data on race/income, ad hoc data collection efforts, and an update on the Superior Court implementation of the moratorium. The Committee also discussed a letter from the Contra Costa Superior Court with outlined the Court's analysis and cost estimation for the identification, separation, and programming necessary to complete the moratorium on the assessment and collection of certain County fees (see Attachment C). The Courts letter also identified four fees (CA Fingerprint ID Penalty, Alcohol Test Fee, CAP Fee, and Alcohol and Drug Assessment Fee) that were included in the moratorium, but are state mandated. Additionally, Reentry Solutions Group provided the Public Protection Committee a Report on Criminal Justice Fees in Contra Costa which provides additional information on the San Francisco Financial Justice Project, the local research process, and local/national research (see Attachment D). The Committee has directed staff to bring this issue to the Board of Supervisors to present the Summary Report (Attachment A) and to request authorization to request the Court to incur the necessary costs to implement the moratorium on behalf of the County. CONSEQUENCE OF NEGATIVE ACTION: The moratorium on the assessment and collection of certain criminal justice fees would not be fully implemented. CLERK'S ADDENDUM CLERK'S ADDENDUM Speaker: Rebecca Brown, resident of Richmond. ADOPTED the recommendations; and DIRECTED the County Administrator to report back to the Board in 90 days for an update. AGENDA ATTACHMENTS Attachment A - CJ Fee Update Summary Attachment B - Resolution 2019/522 Attachment C - Court Letter on Resolution 2019/522 Attachment D - RSG Report on CJ Fees Attachment E - Budgetary Impact MINUTES ATTACHMENTS Signed Resolution No. 2019/522 Contra Costa County Public Protection Committee Update on Criminal Justice Fees Page 1 of 11 EXECUTIVE SUMMARY In September 2019, Contra Costa County Board of Supervisors (Board) voted to impose a moratorium on the use of locally imposed criminal justice fees, becoming only the third county in the nation to end or suspend such fees. The Board also referred this issue to the Public Protection Committee (PPC) to provide the Board with additional data and information. It is important to distinguish the common types of monetary payments in the criminal justice system: • Administrative Fees are imposed to offset the administrative costs of court activities, supervision, or incarceration. • Fines and restitution are monetary punishments for infractions, misdemeanors or felonies. Fines and restitution are intended to deter crime, punish offenders, and compensate victims for losses. • Bail is a bond payment for a defendant’s release from jail prior to court proceedings, and the majority of a bail payment is returned to a defendant after case disposition. Bail payments are intended to incentivize defendants to appear at court and, in some cases, to reduce the criminal risk of returning a defendant to the community. The moratorium affects only locally-imposed criminal justice administrative fees and excludes fines, restitution, bail and state-imposed administrative fees. Such administrative fees are imposed on individuals who have already faced other consequences for their crime. They have often served time in jail, paid other fines, or are paying victim restitution. The goals of these local criminal justice fees are to generate revenue to cover costs, not create an additional layer of punishment. In regard to criminal justice fees in Contra Costa County, several key findings emerge: • From early 2018 through the present, substantial research and analysis into locally-imposed administrative fees was conducted by Reentry Solutions Group (RSG) in partnership with UC Berkeley School of Law Policy Advocacy Clinic (UCB) and other stakeholders. This comprehensive process included the collection and analysis of all existing and relevant financial records provided by the Superior Court of Contra Costa County. In its scope and depth, this local process was commensurate with similar research undertaken by the City and County of San Francisco’s Financial Justice Project. • Vast majority of criminal-justice involved individuals are indigent. As a proxy method to determine the percentage of justice-involved people in Contra Costa who are legally indigent, the Contra Costa County Probation Department conducted a review of its records and found that 93% of probationers are represented by the Public Defender or the Alternate Defender’s Office. A further review of Probation cases found that approximately 88% of Probationers had income levels below 200% of the federal poverty guideline. • Vast majority of criminal-justice involved individuals are people of color. A snapshot report conducted in October 2019 by the Contra Costa County Office of the Sheriff found that 71% of the people incarcerated in Contra Costa County’s jails are people of color. • Moratorium’s implementation is incomplete, as the Court awaits further direction from the County. The Court has largely stopped imposing locally-controlled fees on new cases, but it continues to collect and attempt to collect fees previously imposed. Due to limitations with the Attachment A Contra Costa County Public Protection Committee Update on Criminal Justice Fees Page 2 of 11 Court’s current data system the Court cannot fully implement the moratorium. Estimating the cost of such changes as $63,750, the Court is awaiting the County’s direction to undertake necessary data-system changes and incur these expenses on behalf of the County. From our review of national research, our key findings include: • Criminal justice fees disproportionately harm the poor and people of color. African Americans are more likely to be arrested than people from any other racial/ethnic group. Administrative fees are disproportionately imposed on communities of color, who are further disproportionately likely to have difficulty paying them. Demographic analysis confirms that in California, close to half of Black and Latinx families struggle to put food on the table and pay for housing. • Families bear the brunt of the financial costs of justice involvement. A study by the Ella Baker Center found that family members, usually women, often pay criminal justice fines and fees on behalf of their loved ones. • Benefit of collecting these fees is outweighed by the cost of imposing them. Research shows that the vast majority of people charged such costs cannot afford to pay them and that counties typically net very little or even lose revenue after accounting for collections costs. Fees make reentry harder, hurt credit scores, make it harder for people to find housing or open a bank account, and discourage people from seeking formal employment out of fear that their wages will be garnished, bank accounts levied, or tax refunds intercepted. Attachment A Contra Costa County Public Protection Committee Update on Criminal Justice Fees Page 3 of 11 1. INTRODUCTION In September 2019, Contra Costa County Board of Supervisors (Board) voted to impose a moratorium on the use of locally imposed criminal justice fees, becoming only the third county in the nation to end or suspend such fees. The Board also referred the matter of criminal justice fees to the Public Protection Committee (PPC), requesting that the PPC attempt to identify and provide to the Board additional available and relevant data. On September 30, 2019, the Public Protection Committee accepted an update on the implementation of the moratorium on the collection of adult criminal justice fee. The PPC directed staff to assemble a small work group to identify and provide to the PPC any additional available and relevant data. 2. SAN FRANCISCO FINANCIAL JUSTICE PROJECT In late 2016, the San Francisco Board of Supervisors called for the creation of the Financial Justice Project (FJP) within the Office of The Treasurer and Tax Collector to assess and reform how fines and fees impact low-income San Franciscans and people of color. The Board of Supervisors also initiated a Fines and Fees Task Force, composed of staff from city and county departments and community organization representatives. The Task Force was directed to study the impact of fines, fees, tickets, and various financial penalties that disproportionately impact low-income San Franciscans, and propose reforms. The Board of Supervisors directed the newly-created FJP to staff the Task Force. Since its creation, the FJP has had two full-time staff members, including a Director and a Program Manager. The FJP is directed by Anne Stuldreher, who was previously a Senior Program Manager for The California Endowment, Senior Policy Fellow for New America, and Senior Policy Advisor for Governor Arnold Schwarzenegger. The FJP is managed by Christa Brown, who previously served as Director of the SparkPoint Initiative for the United Way of the Bay Area and who holds a Master’s in Public Administration from the Goldman School of Public Policy at the University of California, Berkeley. For approximately one year, the Fines and Fees Task Force held seven meetings researching and discussing the impact of fines and fees on the San Francisco community. The Fines and Fees Task Force was supported by funding partners, including the Citi Community Development and the Walter & Elise Haas Fund. In October of 2017, the FJP released a report on the Task Force’s findings. The report proposed 40 reforms of both policy and practice, including implementing an ability to pay system for court fees, reducing reliance on quality of life crime fines, and decreasing the rate of suspending driver’s licenses. On February 6, 2018, London Breed, the Mayor of San Francisco, announced she was introducing legislation to eliminate all criminal justice administrative fees authorized by local government. In April of 2018, the Financial Justice Project released a report, Criminal Justice Administrative Fees: High Pain for People, Low Gain for Government, detailing the impact of criminal justice administrative fees on the community.1 In the report, the FJP found that approximately 21,000 people owed approximately $32.7 million in outstanding debt. The majority of outstanding debt was for Probation-related fees. The report estimated that the elimination of fees would result in at least $1 million in decreased annual revenue. 1 http://test-sfttx.pantheonsite.io/sites/default/files/2019-09/Hig%20Pain%20Low%20Gain%20FINAL_04-24- 2019.pdf Attachment A Contra Costa County Public Protection Committee Update on Criminal Justice Fees Page 4 of 11 An evaluation of the Public Defender’s Clean Slate Program showed that most of their clients were living in extreme poverty. In June of 2018, legislation eliminating the local administered fees was unanimously passed with support from the San Francisco Board of Supervisors, the Chief of Probation, District Attorney, Public Defender, and the Sheriff. The ordinance was scheduled to become effective on July 1, 2018. While the fees included in the legislation are authorized by the county, the San Francisco Superior Court serves as the financial administrator for collecting fees. Because the courts are independently governed, the San Francisco Board of Supervisors does not have the authority to direct the court to clear past judgments. To resolve this issue, the Public Defender’s Office, the District Attorney’s Office, and the Financial Justice Project worked to submit a petition to the court to clear all debts associated with the fees included in the legislation, along with a list of associated account numbers. The UC Berkeley Law School Public Advocacy Clinic assisted with the process of collecting information on outstanding debt. Two months later, in August of 2018, the San Francisco Superior Court announced they had eliminated more than $32.7 million in outstanding debt stemming from these fees. 3. SUMMARY OF LOCAL RESEARCH PROCESS Similar research and analysis have been conducted in Contra Costa County over the past two years, largely by Reentry Solutions Group (RSG) in partnership with UC Berkeley School of Law Policy Advocacy Clinic (UCB) and other stakeholders, as follows: In partnership with the Office of the Sheriff, the Public Defender’s Office, and the Office of Reentry and Justice, RSG established a work group to improve the policies and procedures for Electronic Monitoring in Lieu of Bail, Home Detention in Lieu of Confinement, and Work Release in Lieu of Confinement. Over the past 20 months, the Work Group has made incremental progress, and the Sheriff’s Office has largely suspended the use of application or administrative fees for the programs delegated to its administration by the Board of Supervisors. In October 2018, UCB submitted a public records request to County Counsel for Contra Costa County, seeking information on how the County “assesses and collects fees against adults…in the criminal justice system. In response to this request, Contra Costa County provided several procedural forms, with no further administrative data, policy documents, or analyses. In October 2018, UCB submitted to the Superior Court a public records request for fee-related judicial records. The Court replied that it had no responsive records regarding the numbers, demographics, amounts imposed, fees waived, or cost of collections related to such fees. The Court did provide a 362- page PDF of financial accounting and tracking spreadsheets used by the Court in its role as financial administrator for state and local justice-related fees. It should be noted that these data do not provide information related to individual cases, and the document contained no individual or identifying information. Instead, this document provides a month-by-month financial detail of the funds associated with each criminal justice fee collected by the Court as authorized by either state statutes or local ordinances. In November and December 2018, RSG’s Director, Rebecca Brown, conducted an extensive analysis of the data embedded in this document. From it, Ms. Brown produced a comprehensive, month-by-month, item-by-item categorical report on every criminal justice fee collected and distributed by the Courts on Contra Costa County’s behalf in each month throughout from July 2017 through June 2018. Capturing all the Contra Costa County data provided in the Court’s document, this analysis included line-by-line Attachment A Contra Costa County Public Protection Committee Update on Criminal Justice Fees Page 5 of 11 accounting for each fee type, recording Non-delinquent Receipts, Delinquent Receipts, and Net Revenue Distribution, among other data. In December 2018, Ms. Brown and a law student from UCB’s Policy Advocacy Clinic engaged in a telephone interview with the Court to seek additional information related to the financial data provided. Also in December, Ms. Brown obtained a copy of, and closely reviewed, the Master Agreement for Collection Services, which is a contract between the Court and its debt collector, Linebarger Goggan Blair and Sampson, LLP. The Fee Schedule that accompanies the Agreement reveals that the bulk of Linebarger’s commissions range from 18-25% of all debt collected, with financial incentives to collect debt that is at least two years old. In February 2019, RSG disseminated the results of the financial and administrative analyses of Contra Costa County’s justice fees and the Linebarger contract (along with an analysis of the Contra Costa County DA’s civil asset forfeiture practices) at a public meeting. Entitled What the Numbers Tell Us: Money and Justice in Contra Costa County, this public presentation was also published on RSG’s website.2 4. CONTRA COSTA COUNTY PROCESSES Each agency that assesses and/or collects adult criminal justice fees– the Probation Department, the Office of the Sheriff, and the Superior Court- is governed by a different set of internal policies and practices. Each of these will be laid out in the following sections: (1) Probation Department, (2) Sheriff’s Office, and (3) the Superior Court of California, County of Contra Costa (Court). A. PROBATION DEPARTMENT In January 2018, the Probation Department updated their ability-to-pay determination process. All adults who have been ordered to formal Probation, which includes mandatory supervision, and who are ordered to pay Probation fees, drug testing fees and/or the cost of their various reports, should be assessed for their ability to pay said fees. However, the Chief Probation Officer has acknowledged that enforcement of this policy is inconsistent, and that requiring Deputy Probation Officers to engage in questions about money and fees is contrary to their mission of rehabilitation. The Probation’s Department’s official fee assessment process is as follows: • Once the probationer has been out of custody for three (3) months, or if the probationer was sentenced from out of custody, the Deputy Probation Officer (DPO) is to provide him or her with the Application for Financial Evaluation. • The probationer is instructed to complete the evaluation form and return it to the DPO within 20 business days or sooner. If the probationer fails to return the completed evaluation or returns an incomplete evaluation form, the DPO is to give the probationer a warning that the evaluation needs to be completed within 10 business days or the amount of fees will be set at the maximum allowed. • Once the probationer returns the completed application, the DPO is to send the application and the order for Probation to the Probation Account Clerk to review the application and determine the probationer's ability to pay based on net income and Probation’s Fee Reduction schedule. 2 http://reentrysolutionsgroup.org/meeting_materials/2_26_19_RSGFinalV2.pdf Attachment A Contra Costa County Public Protection Committee Update on Criminal Justice Fees Page 6 of 11 • Once this determination has been made, the Probation Account Clerk is to respond to the DPO with the total amount the probationer is determined able to pay over the duration of their time on Probation. • Upon receipt of the determination of the probationer's ability to pay, the DPO reviews the ability to pay determination with the probationer; the probationer has the option to agree to the amount or to request a hearing. • If the probationer agrees to the determined amount, the DPO prepares and sends the Determination of Ability to Pay memo to the Court along with a copy of the Ability to Pay Determination/Waiver/Instructions. The DPO also informs the probationer that in the event of changed financial circumstances, the probationer may request an updated Ability to Pay review or may request that the Court modify or vacate an existing court judgement for payment of fees. • If the probationer disagrees with the amount determined by the Probation Department, the DPO is to contact the court clerk and calendar a hearing and to notify the probationer of the hearing date, time and location. The Defense Attorney and the District Attorney shall be notified and provided copies of all documents provided to the Court, including the Determination of Ability to Pay Memo, the Application for Financial Evaluation, the Ability to Pay Determination/ Waiver/ Instructions and any other supporting documentation. B. OFFICE OF THE SHERIFF The Office of the Sheriff is responsible for the administration of Custody Alternative Facility (CAF) programs, which includes Work Alternative Program (WAP), Electronic Home Detention (EHD)/Alcohol Monitoring (SCRAM), and County Parole. Assessment and collection of fees is the responsibility of the Office of the Sheriff. With respect to WAP, PC 4024.2(c) authorizes the county’s board of supervisors to “prescribe reasonable rules and regulations under which a work release program is operated.” With respect to EHD, PC 1203.016(d) (1) specifies that the rules, regulations, and administrative policy of the Electronic Home Detention Program shall be written and reviewed on an annual basis by the County Board of Supervisors and the Correctional Administrator. The Board of Supervisors last conducted an annual review of the policies and procedures of the Custody Alternative Facilities programs in 2010. • Office of the Sheriff Ability to Pay Process Beginning in mid-2018, the Office of the Sheriff revised its practices to assess and set application and daily fees for CAF. Under the new guidelines, CAF participants apply to and are enrolled in CAF prior to any discussion of fees or ability to pay. Upon enrollment, participants review and complete the personal budget form with their assigned CAF Specialist. The participant may request a reduction/waiver of fees based on their stated ability to pay. A CAF Sergeant is to review and approve the Personal Budget form. By statute, a participant's inability to pay all or a portion of any fee(s) shall not preclude them from being enrolled or completing any program offered by the Custody Alternative Facility. • Office of the Sheriff Process of Collections CAF fees are collected by CAF staff after participants are enrolled in CAF. Fees can be paid in the manner which is most appropriate for the participant. Participants can pay their total program fees at one time or over a pre-determined length of time. There is no process established to collect payment from participants who complete the program, but do not pay. A participant's ability to Attachment A Contra Costa County Public Protection Committee Update on Criminal Justice Fees Page 7 of 11 successfully complete a CAF programs is not impacted by lack of payment. Because the Sheriff’s Office has historically collected no data on assessments, collections, or ability to pay, it is not possible to provide accurate information regarding these considerations. • Office of the Sheriff CAF Workgroup The Office of the Sheriff has worked with representatives from the Office of Reentry and Justice, the Public Defender’s Office, and Reentry Solutions Group to review the CAF policies and procedures, including develop Ability to Pay processes and forms. • Cross-County Comparison: Work Alternative Program Fees In September 2018, Alameda Sheriff’s Office provided a presentation on their Sheriff’s Work Alternative Program.3 Included in that presentation was a cost comparison of Work Alternative Programs among twelve different counties (see Figure 1). Contra Costa County’s Administrative Fee for the Work Alternative Program was the highest amongst the county’s included in this comparison. Figure 1. Work Alternative Cost Comparison • Superior Court The Court currently collects and distributes eight of the 13 fees and assessments identified in the moratorium. In response to a request made by the County Administrator’s Office, on October 21, 2019, the Superior Court of California, County of Contra Costa (Court) provided a letter summarizing the administrative/technological processes required to suspend collection of past-due fees, as directed by the moratorium. Figure 2 summarizes the Court’s role the imposition and collection of the referenced fees, along with the current status related to moratorium’s implementation. Figure 2. Summary of Court Fees 3 Sheriff’s Work Alternative Program (SWAP) Presentation, Alameda County Sheriff’s Office, September 13, 2018 Attachment A Contra Costa County Public Protection Committee Update on Criminal Justice Fees Page 8 of 11 Name of Fee/Assessment Case Type(s) Affected Court Imposed Court Collected Continued Collection Continued Imposition 10% Fee Criminal Y Y Pending N CA Fingerprint ID Penalty Criminal & Traffic Y Y N/A Y Booking Fee Criminal Y Y N N Drug Diversion Fee Criminal Y Y Pending N Alcohol Test Fee Criminal (DUI & Reckless) N N N/A N/A CAP Fee Criminal (DUI & Reckless) N N N/A N/A Probation Drug Diversion Fee Criminal Y Y Pending N Cost of Probation Criminal N Y Pending N Probation Drug Test Fee Criminal N Y Pending N Probation Report Fee Criminal N Y Pending N Alcohol and Drug Assessment Fee Criminal N N N/A N/A Public Defender Fee Criminal N Y Pending N The Court’s current data system is not sufficient to conduct the data analysis required to enact the moratorium; it estimates that the necessary modifications will cost an estimated $63,750. The Court’s letter also emphasized that the data system does not have the capacity to temporarily suspend fees for potential future reinstatement. Given the cost of technological modifications and the inability to suspend (but not eliminate) unpaid debt, the Court requests further direction from the County. In its letter, the Court reports that its current data system does not allow it to quantify the total unpaid amount for each fee type. However, its letter includes three points of interest: • For public defense fees, the Court has identified 25,240 accounts with a balance of approximately $5.54 million in collections with Linebarger. It has notified Linebarger to suspend collections on these accounts. • For booking fees, the Court has identified 3,684 accounts with a balance of $901,092. It has notified Linebarger to suspend collections on these accounts. • For probation fees – which, by RSG’s analysis, represent 54% of the revenues generated by criminal justice fees in Contra Costa in the year studied – the Court has not yet been able to identify the total amount of unpaid debt. Attachment A Contra Costa County Public Protection Committee Update on Criminal Justice Fees Page 9 of 11 5. AVAILABLE DATA In addition to the body of evidence and contra costa county implications, included in Reentry Solutions Group’s Report on Criminal Justice Fees in Contra Costa, there was limited data provided by the Sheriff’s Office and the Probation Departments on race and income levels. A. RACIAL DEMOGRAPHICS Data provided by the Contra Costa County Office of the Sheriff can serve as a sufficient proxy for the racial implications of our local criminal justice system; according to the Office of the Sheriff, 71% of people currently incarcerated in our county jails are people of color (39% Black, 25% Latino, 7% Other)4 Given that approximately 8.8% of the population in Contra Costa County is Black,5 the per capita incarceration rate for African Americans in Contra Costa County is 4.4 times its overall representation in the larger population.6 According to data from the State of California DOJ CJSC, in both 2013 and 2014, African Americans were more likely to be arrested than individuals from any other racial/ethnic group in all but one city in Contra Costa County. While the specific rate of the disparity varied by city, the disparity tended to be higher in cities with smaller African American populations (see Appendix B for more information). Across the County, African American adults were more than three times more likely to be arrested than adults from any other racial/ethnic group, and African American youth were more than seven times more likely to be arrested than youth from any other racial/ethnic group.7 B. INCOME DEMOGRAPHICS To assess indigency in the county’s criminal justice system, the Probation Department conducted a review of 115 Probation cases from March 2018 to March 2019. It found that approximately 88% of Probationers had income levels below 200% of the federal poverty guideline ($49,200 for a family of four). For reference, the median family income in Contra Costa is $113,973.8 4 Contra Costa County Sheriff’s Office, email communication to Rebecca Brown, October 25, 2019. 5 2018 American Community Survey, ACS DEMOGRAPHIC AND HOUSING ESTIMATES, https://data.census.gov/cedsci/table?q=contra%20costa%20&hidePreview=false&table=DP05&tid=ACSDP1Y2018. DP05&g=0500000US06013&vintage=2018&layer=county&cid=DP05_0001E&lastDisplayedRow=93 7 Racial Justice Task Force Final Report, http://64.166.146.245/docs/2018/BOS/20180724_1121/34430_FINAL%20CCC-RJTF_BoS- memo_20180710_STC.pdf 8 2018 American Community Survey 1-Year Estimates https://data.census.gov/cedsci/table?q=contra%20costa%20county%20income&hidePreview=false&table=DP03&t id=ACSDP1Y2018.DP03&t=Income%20and%20Earnings&g=0500000US06013&vintage=2018&layer=county&cid=D P03_0001E&lastDisplayedRow=105 Attachment A Contra Costa County Public Protection Committee Update on Criminal Justice Fees Page 10 of 11 Figure 3. Probation Fee Reduction Sample (March 2018 - March 2019) Figure 4. Contra Costa County Probation Fee Reduction Schedule The Probation Department also reviewed 197 cases that were referred to the Probation Department for a probation report. Out of 197 cases, 184 cases were represented by the Public Defender or Alternate Defender Office, meaning that 93% of the people in this sample were legally considered indigent. 6. NATIONAL BODY OF RESEARCH Local and national research has widely and consistently shown that criminal justice fees are harmful, that they undermine successful reentry, and that they increase the chance of recidivism. For those who are convicted in criminal court, fees for probation supervision, drug and alcohol testing, representation by a public defender and non-custodial sentencing options are assessed in addition to other costs and can quickly add up to thousands of dollars. In Contra Costa County, an individual with a three-year term of supervised probation is assessed $2,700 in Probation supervision fees alone. Accounts % of Total Federal Poverty Level Fee Reduction 79 69%At of Below 100%100% 5 4%Up to 125%80% 3 3%Up to 150%60% 11 10%Up to 175%40% 3 3%Up to 200%20% 14 12%Above 200%0% 115 100% Attachment A Contra Costa County Public Protection Committee Update on Criminal Justice Fees Page 11 of 11 Research shows that the vast majority of people charged such costs cannot afford to pay them and that counties typically net very little or even lose revenue after accounting for collections costs.9 Fees make reentry harder, hurting credit scores, making it harder for people to find housing or open a bank account, and discouraging people from seeking formal employment out of fear that their wages will be garnished, bank accounts levied, or tax refunds intercepted.”10 Given the endemic racial bias present throughout our justice systems, administrative fees are disproportionately imposed on communities of color, who are further disproportionately likely to have difficulty paying them. In California, close to half of Black and Latinx families struggle to put food on the table and pay for housing.11 And research has found that the burden of such fees is typically felt by family members; in a national survey by the Ella Baker Center for Human Rights, 63% of respondents reported that family members were primarily responsible for covering conviction-related costs, and 83% of those paying such costs are women. Nearly half also reported that their families could not afford to pay these fines and fees, and 1 in 5 families across income levels reported that they had to take out a loan to cover conviction-related costs.12 It should be noted that a report released in May 2019 by the Board of Governors of the Federal Reserve System drives home the devastating results from costs such as criminal justice fees. Entitled Report on the Economic Well-Being of U.S. Households in 2018, the report found that “many adults are financially vulnerable and would have difficulty handling an emergency expense as small as $400.”13 The study found that 17% of adults are forced to leave some bills unpaid each month, while another 12% said that an additional expense of $400 would leave them unable to meet their basic needs. A full 42% of people who have no college education would be pushed into financial hardship by such an expense, with an even higher percentage of African Americans (58%) affected in this way. Even for African Americans with some college or an Associate’s degree find significant harm; 46% report that they would not be able to pay their monthly bills if hit with an additional $400 expense. And rather than constituting a one-time expense, criminal justice fees tend to recur - probation fees, drug testing fees, and partial payment fees all accrue month after month. According to the American Bar Association (ABA), the vast majority of people accused in criminal courts are considered indigent, unable to afford their own attorney and eligible therefore for the constitutional protections for public defense. The ABA estimates that 85 to 95 percent of people accused of crimes cannot afford their own lawyer; however, Contra Costa County collects no local data on this point.14 9 East Bay Community Law Center, Pay or Prey (2018); Berkeley Law Public Advocacy Clinic, Making Families Pay (2017). 10 https://ebclc.org/cadebtjustice/policy-platform/ 11 Insight Center for Community Economic Development, Cost of Being Californian (2018). 12 Ella Baker Center, Who Pays? The True Cost of Incarceration on Families (2015). 13 https://www.federalreserve.gov/publications/files/2018-report-economic-well-being-us-households-201905.pdf 14 Laurence A . Benner, Eliminating Excessive Public Defender Workloads, 2011 A .B .A, Criminal Justice Vol . 2, https://www.americanbar.org/content/dam/aba/publications/criminal_justice_magazine/cjsu11_ benner .authcheckdam .pdf. Attachment A THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 09/17/2019 by the following vote: AYE:3 John Gioia Diane Burgis Federal D. Glover NO:2 Candace Andersen Karen Mitchoff ABSENT: ABSTAIN: RECUSE: Resolution No. 2019/522 IN THE MATTER OF a proposed moratorium on the assessment and pursuit of collection of certain adult criminal justice fees. WHEREAS, criminal justice financial obligations, such as fees for probation, indigent defense, and work release programs, can have long-term effects that can undermine successful societal reentry goals of the formerly-incarcerated, such as attaining stable housing, transportation, and employment. WHEREAS, criminal justice debt levied against low income or indigent adults compromises key principles of fairness in the administration of justice in a democratic society and engenders deep distrust of the criminal justice system among those overburdened by such debt. WHEREAS, according to a report by the Ella Baker Center for Human Rights, the average debt incurred for court-ordered fines and fees line was roughly equal to the annual income for low-income respondents. WHEREAS, a national survey of formerly incarcerated people found that families often bear the burden of fees. WHEREAS, on July 21, 1994, Contra Costa County Board of Supervisors approved a resolution pursuant to California Penal Code § 1203.1 to charge up to a ten percent fee (“10% Fee”) of the amount of restitution ordered by the Superior Court. WHEREAS, Contra Costa County is currently authorized by Resolution No. 88/565 and California Government Code § 76102 to establish a County Automated Fingerprint Identification Fund in Contra Costa County and to charge a fifty cent ($0.50) assessment (“California Fingerprint ID Penalty”) for each $10 fine, penalty, or forfeiture imposed and collected by the Superior Court for all criminal offense and certain violations of the Vehicle Code for the purpose of assisting the County in the establishment and maintenance of adequate fingerprint facilities and suspect booking identification facilities. WHEREAS, Contra Costa County is currently authorized by Ordinance No. 2011-13 and California Government Code § 29550 to recover any criminal justice administration fee (“Booking Fee”) imposed by the County from the arrested person if the person is convicted of any criminal offense related to the arrest. WHEREAS, Contra Costa County is currently authorized by California Penal Code § 1211 and resolution approved by the Board of Supervisors on July 21, 1994 to charge a fee (“Drug Diversion fee”) for the administrative and laboratory analysis costs incurred in processing a drug diversion case. WHEREAS, Contra Costa County is currently authorized by Resolution No. 88/28 and California Penal Code § 1463.14 and § 1463.16 to charge two separate $50 assessments (the “Alcohol Test fee” and “C.A.P. fee”) on defendants convicted of violating California Vehicle Code § 23152 or § 23153 (driving a motor vehicle under the influence of alcohol or drugs). WHEREAS, on September 14, 1995, the Contra Costa County Board of Supervisors authorized a Probation Drug Diversion administrative fee (“Probation Department Drug Diversion fee”) for the Probation Department’s processing of clients into a drug diversion program pursuant to Penal Code § 1001.15. WHEREAS, Contra Costa County’s Probation Department is currently authorized by Resolution No. 2010/262 and Penal Code § 1203.1b to charge a Probation Supervision Fee (“Cost of Probation fee”) to recover the cost of probation supervision. WHEREAS, Contra Costa County’s Probation Department is currently authorized by Penal Code § 1203.1ab to charge a Probation Drug Test fee (“Probation Drug Testing fee”) to recover the cost of drug testing required as a condition of one’s Attachment B Probation Drug Test fee (“Probation Drug Testing fee”) to recover the cost of drug testing required as a condition of one’s probation. WHEREAS, Contra Costa County’s Probation Department is currently authorized by Ordinance 2009-28 and Penal Code § 1203.1b and § 1203.7 to charge a Probation Report Fee (“Probation Report Fee”) to recover the cost to conduct a preplea investigation of a criminal defendant and prepare a preplea report. WHEREAS, Contra Costa County is currently authorized by Resolution 99/347 and Penal Code § 1463.13 to charge an Alcohol and Drug Assessment Fee (“Alcohol and Drug Assessment Fee”) to recover the cost of providing community substance abuse services for those convicted of driving under the influence. WHEREAS, Contra Costa County is currently authorized by Penal Code § 987.81 to charge Public Defender Fees (“Public Defender Fees”) to recover the cost of court appointed counsel. WHEREAS, the Contra Costa County Office of the Sheriff is currently authorized by Resolution 2008/303 and Penal Code § 4024.2 and § 1203.016 to charge fees to participate in the Custody Alternative Program to recover the cost of administering the program. WHEREAS, the Board of Supervisors referred to the Public Protection Committee the matter of whether the County should continue to assess and collect certain adult criminal justice fees in light of the financial hardship and social impact of such fees on individuals and their families. WHEREAS, the Public Protection Committee received testimony from the community expressing concern that these fees are assessed without a consistent ability-to-pay determination. WHEREAS, the Board of Supervisors finds that it is in the best interest of the County, justice-involved adults, and the larger community to place a moratorium on the assessment and collection of the above-named adult fees. NOW, THEREFORE, BE IT RESOLVED THAT: 1. Effective September 17, 2019, and until further action by the Board of Supervisors, the Office of the Sheriff's authority to assess Custody Alternative Facility program fees is temporarily suspended. In addition, the Office of the Sheriff will not pursue collection of such fees on existing accounts. 2. Effective September 17, 2019, and until further action by the Board of Supervisors, the Probation Department's authority to assess and collect the following fees is temporarily suspended: Probation Report Fee, Cost of Probation fee, Probation Drug Testing fee, and Probation Department Drug Diversion fee. In addition, the Probation Department will not pursue collection of such fees on existing accounts. 3. Effective September 17, 2019, and until further action by the Board of Supervisors, Contra Costa County will temporarily suspend the assessment and collection of the following fees: 10% Fee, California Fingerprint ID Penalty, Booking Fee (collected from arrestee), Drug Diversion fee, Alcohol Test fee, C.A.P. fee, Alcohol and Drug Assessment Fee, and Public Defender Fees. 4. The County Administrator will notify the Superior Court of this moratorium on the assessment and collection of the above adult criminal justice fees that are collected by the Superior Court.This includes a moratorium on the collection of such fees on existing accounts. 5. The County Administrator will report back to the Board of Supervisors on this matter on or before December 31, 2019. Contact: Paul Reyes, 925-335-1096 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Jami Napier , Deputy cc: Robert Campbell, Auditor-Controller Attachment B Attachment C Attachment C Attachment C Attachment C Attachment C Attachment C Attachment C Report on Criminal Justice Fees in Contra Costa County Prepared by Rebecca Brown, Director of Reentry Solutions Group Submitted to the Public Protection Committee of the Contra Costa County Board of Supervisors 11/4/19, page 1 of 8 Report on Criminal Justice Fees in Contra Costa Prepared by Rebecca Brown, Member, Contra Costa County Criminal Justice Fees Work Group Presented to the Public Protection Committee of the Contra Costa County Board of Supervisors November 4, 2019 Note: All documents referenced in this report are available upon request. “We found it difficult to access the data we needed to understand the basics of fines and fees and how they impact individuals, as well as our city and county bottom lines. After working diligently with various city and county departments to better understand their fines and fees, we realized that most cities and counties, including San Francisco, lack answers to basic questions, such as how many people receive various fines, fees, tickets; collection and delinquency rates, penalties for nonpayment as well as the cost of collection to the city and county.”1 San Francisco Financial Justice Project 1. Context In Contra Costa County, attention to the use of administrative fees in the adult criminal justice system was preceded by the County’s decision to end such fees in the juvenile justice system. In October 2016, the Board of Supervisors unanimously voted to impose a moratorium on such fees, which they followed with another unanimous vote in October 2017, permanently repealing these juvenile fees. 2,3 In the aftermath of these historic votes, Contra Costa went on to become the first county in the nation to identify and reimburse families who had been unlawfully charged such fees.4 This interest in juvenile fee reform - both locally and statewide - dovetailed with increasing public attention to the use of similar fees in the adult criminal justice system. Across California, demand has been growing to remedy the disproportionately punitive consequences of money-based sanctions. In July 2018, the Board of Supervisors of the City and County of San Francisco - with the support of the San Francisco Chief of Probation, District Attorney, Public Defender, Sheriff, and more than a dozen community organizations - unanimously passed an ordinance to end its adult criminal justice fees, thus eliminating more than $32.7 million in outstanding debt levied against more than 21,000 people. In November 2018, Alameda County also voted to eliminate their county-controlled criminal justice fees. Report on Criminal Justice Fees in Contra Costa County Prepared by Rebecca Brown, Director of Reentry Solutions Group Submitted to the Public Protection Committee of the Contra Costa County Board of Supervisors 11/4/19, page 2 of 8 In January 2019, Senators Mitchell and Hertzberg introduced Senate Bill 144 (SB144), to substantially amend or end the use of state and local justice fees; it has been turned into a two-year bill and will be considered in the 2020 legislative session. In September 2019, Contra Costa County voted to impose a moratorium on the use of locally imposed criminal justice fees, becoming only the third county in the nation to end or suspend such fees. 2. San Francisco Financial Justice Project In late 2016, the City and County of San Francisco established the Financial Justice Project (FJP), housed in the Office of the Treasurer. San Francisco is the first city in the nation to launch such an entity to assess and reform fines, fees, and financial penalties that disproportionately impact low-income people, communities of color, people struggling with homelessness, and people exiting the criminal justice system.5 The FJP is directed by Anne Stuldreher, MBA, who was previously a Senior Program Manager for The California Endowment, Senior Policy Fellow for New America, and Senior Policy Advisor for Governor Arnold Schwarzenegger. The FJP is managed by Christa Brown, who previously served as Director of the SparkPoint Initiative for the United Way of the Bay Area and who holds a Master’s in Public Administration from the Goldman School of Public Policy at the University of California, Berkeley. Over the course of its first two years, the FJP convened and facilitated the work of a Fines and Fees Task Force comprised of community members, ten governmental departments, and the courts. With the support of FJP, the Task Force examined best practices, reviewed evidence related to the use and impact of monetary sanctions, and received expert testimony, while the FJP worked with the Budget Office to conduct an audit of San Francisco’s fines and fees. At the conclusion of its work, the Task Force recommended 40 reforms to both policy and process.6 In late 2018, San Francisco’s Financial Justice Project issued a new report, Criminal Justice Administrative Fees: High Pain for People, Low Gain for Government.7 Subtitled A Call to Action for California Counties, the report called on all counties in the state of California to undertake substantial reforms. 3. Summary of Local Research Process In Contra Costa County, much of the original research and analysis into the county’s criminal justice fees was undertaken by Reentry Solutions Group (RSG), working in primary partnership with the UC Berkeley School of Law Policy Advocacy Clinic (UCB), along with other local stakeholders. In December 2017, RSG requested that the Office of the Sheriff establish a work group to remedy the County’s failure to comply with California state statutes regarding the policies and procedures for Electronic Monitoring in Lieu of Bail (California Penal Code 1203.018(e)); Home Detention in Lieu of Confinement (PC 1203.016(b) and 1203.016(d)(1)); and Work Release in Lieu of Confinement (PC 4024.2(c)). Report on Criminal Justice Fees in Contra Costa County Prepared by Rebecca Brown, Director of Reentry Solutions Group Submitted to the Public Protection Committee of the Contra Costa County Board of Supervisors 11/4/19, page 3 of 8 In response to this request, in January 2018 the Office of the Sheriff approved a Work Group proposal submitted by RSG, and a Work Group was formed, comprising representatives of the Sheriff’s Office along with Donté Blue, Deputy Director of the County’s Office of Reentry and Justice; Ellen McDonnell, Chief Assistant Public Defender; and Rebecca Brown, Director of RSG. Over the past 20 months, this Work Group has made incremental progress, and the Sheriff’s Office has largely suspended the use of application or administrative fees for the programs delegated to its administration by the Board of Supervisors. However, new policies have not yet been drafted, reviewed, or approved by the Board of Supervisors, and the County remains out of compliance with state law. In October 2018, in partnership with local Contra Costa stakeholders, UCB submitted a Public Records Act Request to Sharon Anderson, County Counsel for Contra Costa County, seeking information on “how Contra Costa County assesses and collects fees against adults...in the criminal justice system.” In response to this request, Contra Costa County provided a seven (7) page document that included, in its totality, a cover letter, two administrative forms, and one Administrative Bulletin. In the document’s cover letter, Chief Assistant County Administrator Tim Ewell wrote, “We have reviewed the remainder of your request,” deemed it “overly broad,” and requested greater specificity. In November 2018, through a series of emails between UCB and Mr. Ewell, Contra Costa County provided four web addresses that link to webpages offering summary information and various Fee Schedules used by the Office of the Sheriff: Civil Unit fees, Records Unit fees, Custody Alternative Facility fees, and Coroner’s Division fees. It should be noted that three of these web sources do not pertain to criminal justice fees, and that the one that does - for fees related to the Custody Alternative Facility (CAF), operated by the Sheriff’s Office as authorized by the Board of Supervisors – the link simply connects to the CAF handbook, which is substantially out of date. In sum: Contra Costa County provided no administrative data that would have allowed analysis of the County’s use of criminal justice fees. In October 2018, again in partnership with local stakeholders, UCB similarly submitted a Public Records Act Request for fee-related judicial records to Matthew Kitson, Public Information Officer of the Superior Court of California, Contra Costa County. In his response of November 2018, Mr. Kitson wrote that the Court: • “does not maintain any non-adjudicative ‘records relating to the demographics of adults in the justice system’” and has “no records responsive” to this request; • “does not track the aggregate number of adults who are assessed and/or charged fees annually [and has] no responsive records”; • “does not track the total amount of adult fees assessed per year, reduced or waived due to inability to pay per year, and/or total amount currently owed [and] no responsive records exist”; • has “no aggregated data concerning” adjudicative records pertaining to individual cases • “keeps no data or records specifically ‘relating to the amount spent on collecting adult fees’ although “the monthly Financial Report spreadsheets may contain relevant information.” Report on Criminal Justice Fees in Contra Costa County Prepared by Rebecca Brown, Director of Reentry Solutions Group Submitted to the Public Protection Committee of the Contra Costa County Board of Supervisors 11/4/19, page 4 of 8 However, to his response Mr. Kitson attached a 362-page PDF document containing hundreds of pages of scanned financial accounting and tracking spreadsheets used by the Court in its role as financial administrator for state and local justice-related fees. It should be noted that these data do not provide information related to individual cases, and the document contained no individual or identifying information. Instead, this document provides a month-by-month financial detail of the funds associated with each criminal justice fee collected by the Court as authorized by either state statutes or local ordinances. In November and December 2018, on behalf of a coalition of stakeholders, Rebecca Brown, Director of RSG, conducted extensive analysis of the data embedded in this document. From it, she produced a comprehensive, month-by-month, item-by-item categorical report on every criminal justice fee collected and distributed by the Courts on Contra Costa County’s behalf in each month throughout from July 2017 through June 2018. Capturing all the Contra Costa County data provided in the Court’s document, this analysis included line-by-line accounting for each fee type, recording Non-delinquent Receipts, Delinquent Receipts, and Net Revenue Distribution, among other data. In December 2018, Ms. Brown, along with Carson Whitelemons from UCB, engaged in a telephone interview with Mr. Kitson and Fae Li, Financial Services Director for the Superior Court, to seek additional information about the document provided by the Court. During this interview, Ms. Li explained various administrative processes as they relate to the tracking, accounting, and distribution of such fees, and the production of the Court’s financial reports. She also discussed the contract with the Court’s debt collector, Linebarger Goggan Blair & Sampson, LLP (Linebarger). It may be of interest that Linebarger is the subject of multiple class action lawsuits across the United States.8,9,10,11 In December 2018, Ms. Brown obtained a copy of, and closely reviewed, Linebarger’s Master Agreement for Collection Services, which is a contract between Linebarger and the Judicial Council/ Administrative Office of the Courts, effective as of January 1, 2014. Although neither California’s 58 counties nor its 58 Superior Courts is required to enter into this Master Agreement, both Contra Costa County and the Superior Court of Contra Costa County are named as Participating Entities in this Agreement. The Agreement contains provisions for Obligation (Section 2.2), Non-Exclusivity (Section 2.3), Franchise Tax Board Transfer Services (Section 3.7), Termination for Convenience (Section 4.2), and Termination for Cause (Section 4.3). The Statement of Work that accompanies the Master Agreement obligates Linebarger to provide a “list of old cases...annually, or as specified by the Participating Entity. The Participating Entity may request a list of cases…[to] determine eligibility for discharge.” Section 1.5.1 requires Linebarger to “supply an account payment history for each Account on the Participating Entity’s request.” The Fee Schedule that accompanies the Agreement reveals that the bulk of Linebarger’s commissions range from 18% to 25% of all debt collected. The commission percentage rises with the age of the debt, with the maximum percentage charged against debt that is two years old or more. In February 2019, Ms. Brown disseminated the results of her financial and administrative analyses of Contra Costa County’s justice fees and the Linebarger contract (along with her analysis of the Report on Criminal Justice Fees in Contra Costa County Prepared by Rebecca Brown, Director of Reentry Solutions Group Submitted to the Public Protection Committee of the Contra Costa County Board of Supervisors 11/4/19, page 5 of 8 Contra Costa County DA’s civil asset forfeiture practices) at a public meeting of Reentry Solutions Group. Entitled What the Numbers Tell Us: Money and Justice in Contra Costa County, this public presentation was also immediately published on RSG’s website.12 In February 2019, the Board of Supervisors formally referred the matter of criminal justice fees to the Board’s Public Protection Committee (PPC). In its meetings in April and July 2019, the PPC reviewed information provided by RSG and by staff of the CAO, heard public testimony, and considered potential options for action. At its July meeting, the PPC determined to recommend to the Board of Supervisors that it enact a moratorium on adult criminal justice fees heretofore authorized or imposed by Contra Costa County. On September 17, 2019, the Board of Supervisors considered this recommendation, voted to authorize a moratorium, and referred the matter of criminal justice fees to continuing attention by the PPC, requesting that the PPC attempt to identify and provide to the BOS additional available and relevant data. In response to the September 2019 request by the BOS, Rebecca Brown has drafted this report for submission to the PPC to advance its research and for consideration at its meeting on November 4, 2019. (It is our understanding that the County Administrator’s Office is preparing a summary report on the policies and administrative practices of relevant Contra Costa agencies; we encourage the PPC and the Board to review that summary.) On October 21, 2019, the Superior Court of California, County of Contra Costa (Court), provided a letter to the CAO regarding administrative measures related to implementing the moratorium. In the letter, the Court estimates $63,570 as the administrative cost to implement the moratorium. Although in the letter the Court acknowledges its difficulties in providing specific dollar amounts related to any of the outstanding fee amounts, three points of interest are mentioned: • In terms of public defense fees (which, it should be noted, do not contribute to the budget of the Public Defender), it has identified 25,240 accounts with a balance of approximately $5.54 million in collections with Linebarger, and it has notified Linebarger to suspend collections on these accounts. • In terms of booking fees, which may be ordered in the amount of $564, it has identified 3,684 accounts with a balance of $901,092, and it has notified Linebarger to suspend collections on these accounts. • In terms of probation fees – which, by RSG’s analysis, represent 54% of the revenues generated by criminal justice fees in Contra Costa in the year studied – the Court has not yet been able to identify the total amount of unpaid debt and it has not yet suspended collections on such fees, pending an administrative revision to its vendor data system. 4. A Body of Evidence Local and national research has widely and consistently shown that criminal justice fees are harmful, that they undermine successful reentry, and that they increase the chance of recidivism. For those who are convicted in criminal court, fees for probation supervision, drug and alcohol testing, representation by a public defender and non-custodial sentencing options are assessed in addition to Report on Criminal Justice Fees in Contra Costa County Prepared by Rebecca Brown, Director of Reentry Solutions Group Submitted to the Public Protection Committee of the Contra Costa County Board of Supervisors 11/4/19, page 6 of 8 other costs and can quickly add up to thousands of dollars. In Contra Costa County, an individual with a three-year term of supervised probation is assessed $2,700 in Probation supervision fees alone. Research shows that the vast majority of people charged such costs cannot afford to pay them and that counties typically net very little or even lose revenue after accounting for collections costs.13 Fees make reentry harder, hurting credit scores, making it harder for people to find housing or open a bank account, and discouraging people from seeking formal employment out of fear that their wages will be garnished, bank accounts levied, or tax refunds intercepted.”14 National research is unanimous on this point: Given the endemic racial bias present throughout our justice systems, administrative fees are disproportionately imposed on communities of color, who are further disproportionately likely to have difficulty paying them. In California, close to half of Black and Latinx families struggle to put food on the table and pay for housing.15 And research has found that the burden of such fees is typically felt by family members; in a national survey by the Ella Baker Center for Human Rights, 63% of respondents reported that family members were primarily responsible for covering conviction-related costs, and 83% of those paying such costs are women. Nearly half also reported that their families could not afford to pay these fines and fees, and 1 in 5 families across income levels reported that they had to take out a loan to cover conviction-related costs.16 It should be noted that a report released in May 2019 by the Board of Governors of the Federal Reserve System drives home the devastating havoc that can result from costs such as criminal justice fees. Entitled Report on the Economic Well-Being of U.S. Households in 2018, the report found that “many adults are financially vulnerable and would have difficulty handling an emergency expense as small as $400.”17 The study found that 17% of adults are forced to leave some bills unpaid each month, while another 12% said that an additional expense of $400 would leave them unable to meet their basic needs. A full 42% of people who have no college education would be pushed into financial hardship by such an expense, with an even higher percentage of African Americans (58%) affected in this way. Even for African Americans with some college or an associate’s degree find significant harm; 46% report that they would not be able to pay their monthly bills if hit with an additional $400 expense. And rather than constituting a one-time expense, criminal justice fees tend to recur - probation fees, drug testing fees, and partial payment fees all accrue month after month. 5. Contra Costa County Implications According to the American Bar Association, the vast majority of people accused in criminal courts are considered indigent, unable to afford their own attorney and eligible therefore for the constitutional protections for public defense. The ABA estimates that 85 to 95 percent of people accused of crimes cannot afford their own lawyer;18 however, Contra Costa County collects no local data on this point. Data provided by the Contra Costa County Office of the Sheriff can serve as a sufficient proxy for the racial implications of our local criminal justice system; according to the Office of the Sheriff, 71% of people currently incarcerated in our county jails are people of color.19 Report on Criminal Justice Fees in Contra Costa County Prepared by Rebecca Brown, Director of Reentry Solutions Group Submitted to the Public Protection Committee of the Contra Costa County Board of Supervisors 11/4/19, page 7 of 8 In Contra Costa County, the Probation Department, the Sheriff’s Office, and the Courts are authorized to impose local criminal justice fees. Each of these entities is governed by a different set of internal policies and practices with regard to the fees in question, and our research suggests that Contra Costa County has thus far failed to develop consistent, transparent, or equitable practices; has not engaged in meaningful oversight or analyses of the implementation and impacts of these fees; and indeed both expanded and increased these fees in the immediate aftermath of the economic recession of 2007-2009, a time when unemployment was at near record levels and millions of families across the nation found themselves bankrupt, foreclosed on, evicted, and out of work.20 6. Summary The policy implications from national and local research are clear: “We should end the practice of assessing criminal administrative fees. Eliminating administrative fees will allow formerly incarcerated people to devote their limited resources to critical needs like food, education, housing and health insurance. Repealing criminal fees will also result in improved employment prospects for formerly incarcerated people and put more money in the pockets of economically insecure families, aiding successful reentry and reducing California’s recidivism rate.”21 Contra Costa County is not unique in its past practices with criminal justice fees, and there is a way forward. By establishing a governmental entity to recognize and begin to redress this endemic American reality, the Financial Justice Project in San Francisco has been a trailblazer, but the research conducted in Contra Costa County is equally uncommon; we know of no other county in California in which non-governmental agencies have undertaken this level of detailed local analysis. And of course, as the third county in the nation to end or suspend such fees, Contra Costa County now stands as one of the leading lights committed to such opportunities for change. 1 https://drive.google.com/file/d/1gUo96d0Idfa6qdFj5QhGY-cdI61MZ_9q/view 2 http://64.166.146.245/agenda_publish.cfm?dsp=agm&seq=27510&rev=0&id=&form_type=AG_MEMO&beg_meet mth=10&beg_meetyr=2016&end_meetmth=10&end_meetyr=2016&mt=ALL&sstr=juvenile&dept=ALL&hartkeywo rds=&sortby=f.form_num,%20f.rev_num&fp=ADVSRCH&StartRow=1 3 http://reentrysolutionsgroup.org/meeting_materials/Press_release_and_moratorium_letters_10-28- 16_english_and_spanish.pdf 4 https://www.themarshallproject.org/2018/01/07/the-check-is-in-the-mail-for-real 5 https://sftreasurer.org/sites/default/files/2019- 08/Overview%20of%20the%20Financial%20Justice%20Project%2012.11.18.pdf Report on Criminal Justice Fees in Contra Costa County Prepared by Rebecca Brown, Director of Reentry Solutions Group Submitted to the Public Protection Committee of the Contra Costa County Board of Supervisors 11/4/19, page 8 of 8 6 https://drive.google.com/file/d/1gUo96d0Idfa6qdFj5QhGY-cdI61MZ_9q/view, including: Eliminate all criminal justice administrative fees charged by the City and County of San Francisco. allow lower-income people non- monetary options to clear their Quality of Life citations, reduce or waive fees related to parking tickets and other citations for lower-income people, adopt court reforms to substantially reduce the cost of state-imposed traffic fines and fees for lower-income people, reduce the city’s steep towing and “boot” fees for lower-income San Franciscans, develop a pilot program to relieve parents of debt paid to the government instead of to child support payments, reduce use of money bail 7 http://test-sfttx.pantheonsite.io/sites/default/files/2019-09/Hig%20Pain%20Low%20Gain%20FINAL_04-24- 2019.pdf 8 https://texasmonitor.org/lawsuit-against-collection-firm-raises-questions-on-tax-judgments/ 9 http://www.abajournal.com/news/article/debt_collection_law_firm_to_pay_3.4m_to_settle_class_action/ 10 https://www.classaction.org/media/guerra-v-miami-dade.pdf 11 http://www.hoysettlement.com/media/2115094/stipulation_of_class_action_settlement.pdf 12 http://reentrysolutionsgroup.org/meeting_materials/2_26_19_RSGFinalV2.pdf 13 East Bay Community Law Center, Pay or Prey (2018); Berkeley Law Public Advocacy Clinic, Making Families Pay (2017). 14 https://ebclc.org/cadebtjustice/policy-platform/ 15 Insight Center for Community Economic Development, Cost of Being Californian (2018). 16 Ella Baker Center, Who Pays? The True Cost of Incarceration on Families (2015). 17 https://www.federalreserve.gov/publications/files/2018-report-economic-well-being-us-households-201905.pdf 18 Laurence A . Benner, Eliminating Excessive Public Defender Workloads, 2011 A .B .A, Criminal Justice Vol . 2, https://www.americanbar.org/content/dam/aba/publications/criminal_justice_magazine/cjsu11_ benner .authcheckdam .pdf. 19 Assistant Sheriff Mathew Schuler, email communication to Rebecca Brown, October 25, 2019. 20 Contra Costa County Resolutions No. 2010/251, 2010/252, 2010/253, 2010/262. Originally research into bureaucratic and administrative history in Contra Costa County, produced by Reentry Solutions Group in February 2018, unpublished and available upon request. 21 https://ebclc.org/cadebtjustice/policy-platform/ Attachment E Budgetary Impact of Reso 2019/522 Fee Description Funded Department/Program FY 19/20 Budgeted Revenue FY 19/20 YTD Revenue Unrealized Revenue 10% Fee Trial Court Programs - 20,651.00 (20,651.00) California Fingerprint ID Penalty Automated Fingerprint ID 158,534.00 42,448.64 116,085.36 Booking Fee Sheriff Central Admin 7,000.00 6,562.67 437.33 Drug Diversion Fee1 Trial Court Programs - 25,548.34 (25,548.34) Probation Drug Diversion Fee Probation - Adult - 388.62 (388.62) Probation Supervision Fee Probation - Adult 88,239.72 (88,239.72) Probation Drug Test Fee Probation - Adult - 10,926.36 (10,926.36) Probation Report Fee Probation - Adult - 5,176.16 (5,176.16) Public Defense Fee Trial Court Programs 94,000.00 42,666.21 51,333.79 Work Alternative Custody Alternative Facility 350,000.00 55,703.00 294,297.00 Electronic Home Detention/Alcohol Monitoring Custody Alternative Facility 100,000.00 11,622.00 88,378.00 Total 709,534.00 309,932.72 399,601.28 Note: 1 - Drug Diversion Fee YTD Revenue includes other state mandated fee revenue. Contra Costa County RECOMMENDATION(S): ACCEPT the report regarding the status of the implementation of the strategic plan for Buchanan Field Airport and Byron Airport. FISCAL IMPACT: The continued growth of County airports will have a positive impact on the local economy and the County’s General Fund. BACKGROUND: Background: The County owns and operates two airports, Buchanan Field Airport in Concord and Byron Airport in Byron. To be eligible for grant funding, the Federal Aviation Administration requires public airports to be as self-sufficient as possible. For that reason, operating the County’s airports is similar to operating a business (albeit a business that operates within a governmental framework). Revenue generated by ground leases, hangar rentals and usage fees provide funds that pay for the airports’ operating expenses, including airport management, operations, and facility maintenance. In addition to being self-funded, airport operations benefit the entire County by contributing revenue to the County General Fund and to other public entities through possessory interest taxes, sales taxes, and other taxes. Over the last ten years, the airports have contributed between $1.7 million and $2.3 million annually to the County General Fund from possessory interest tax and other taxes. The most recent annual revenue APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Beth Lee, (925) 681-4200 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D. 4 To:Board of Supervisors From:AIRPORTS COMMITTEE Date:December 17, 2019 Contra Costa County Subject:Status of the Implementation of the Strategic Plan for the County Airports County General Fund from possessory interest tax and other taxes. The most recent annual revenue generation we have is for fiscal year 2017-2018, which shows that airport operations contributed around $2.2 million to the County General Fund, $883,000 to local schools and $249,000 to other public entities. In addition to their contribution to the public good through tax revenue generation, the County airports benefit the local economy. In 2016, the County airports contributed to the local economy (in the form of direct and indirect impact) by generating approximately $106 million in total annual economic output, which includes 828 jobs, $8 million in state and local tax revenue, and $10.2 million in federal tax revenue. These economic impacts do not happen by accident. The County’s airports operate in a competitive marketplace in which airport users can choose among multiple airport options in the region. BACKGROUND: (CONT'D) Economic Development Incentive Program: In 2014, the Airports Division embarked on a path to identify ways to retain existing, and attract new, business and tenants to the airports.The goal was to create and then implement a tenant/business attraction and retention program to strengthen, diversify and grow the airports. The result was the creation and implementation of the Economic Development Incentive Program (EDIP), which was designed to best position the Airports Division to react and behave more like a business in order to successfully compete for market share in the region. In developing the EDIP, Airport management worked with a diverse 48-member group representing leasehold tenants, County hangar and tie-down tenants, businesses, flight clubs, and the Aviation Advisory Committee to identify key issues, projects and programs to best position the County airports (together and individually) to attract new and retain existing tenants/businesses.The result was the creation of the following specific goals: Distinguish the County’s airports as the preferred general aviation airports in the San Francisco Bay Area for pilots and businesses. Improve the financial well-being of the airports by increasing and diversifying the revenue base. Improve regional marketing to increase awareness of the airports and what they have to offer. Increase community knowledge of, interest in, and support of both airports. Attract business aircraft and aeronautical businesses. Attract general aviation aircraft and pilots. Cultivate an environment that encourages staff to deliver better customer service, increase creativity and lower turn-over (all of which benefit our customers). Cultivate an environment that fosters tenant and business retention. (Trust, confidentiality, reliability and fairness are baseline roots.) Let our tenant and business community know that we appreciate that they call the Contra Costa County airport system home. Position the County’s small airport system to become an industry model and leader. Strategic Plan Development: Following the creation of the EDIP, the Airports Division got to work updating its strategic plan in order to carry out the EDIP. As with the development of the EDIP, there was a lot of “stakeholder” involvement in the development of the strategic plan, which was completed in August 2017. The overarching goal of the strategic plan was to create and implement an effective business retention/attraction program to strengthen and grow the County’s airports. Through the development of the strategic plan, the EDIP goals were refined as follows: Improve the County’s ability to compete for business and development opportunities by streamlining the Airport Division’s development and entitlement process. Operate premier facilities, which requires providing timely responses to facility maintenance and improvement needs. Identify and implement additional economic development initiatives, to more readily attract and retain tenants and businesses. Increase and diversify both airports’ revenue base to optimize their financial performance. Improve staff performance through cross-training and implementation of a staff development program. Improve both airports’ communications with all stakeholders, including local communities. Plan Implementation: The Airports Division began its efforts to improve the regional competitiveness of the County’s airports even before the EDIP and the strategic plan were complete. The fruits of those efforts and the success of the plans are in evidence. Attachment A shows the economic development initiatives that have been implemented by the Airports Division since 2014. In addition, the Airports Division has (i) developed and implemented new rates and charges for both airports to make hangar and tie-down rental rates more regionally competitive, (ii) initiated the development of a new terminal building at Buchanan Field, (iii) positioned the County’s airports to be a leading server to a unique and emerging Unmanned Aerial Systems (UAS) aeronautical market niche (see discussion of BAATTS, below), and (iv) proactively sought new development opportunities. In addition, the Airports Division is working on five new development projects at Buchanan Field Airport and three new development projects at Byron Airport. Together, these completed and upcoming projects reflect diverse, and sometimes new, uses of the airports. The upcoming projects include: Buchanan Field Airport Light Industrial Park. A light industrial business park on approximately 3-acres at the northeast corner of Marsh Drive and Sally Ride Drive has been approved by the Board of Supervisors. The developer is nearing completion of its environmental mitigation requirements in order to submit applications for building permits. The developer anticipates starting construction in 2020. 1. New Fire Station. The Fire District has expressed an interest in constructing a new fire station, with crew quarters for aviation staff and an aircraft ramp, on approximately 3-acres generally on the west side of the airport, where Willow Street, Center Avenue and Marsh Drive intersect. The California Environmental Quality Act (CEQA) analysis is underway and should be completed in early 2020. The Fire District anticipates starting construction in 2020. 2. Self-Storage Facility. A developer has expressed an interest in developing a self-storage facility on four and a half acres at the northwest corner of Marsh Drive and Solano Avenue. The developer has submitted a development plan application, which is under review by the City of Concord. The developer anticipates starting construction in 2020. 3. Aircraft Rescue and Firefighting Facility. The County is interested in constructing an Aircraft Rescue and Firefighting (ARFF) facility, administration office and general aviation terminal to replace the existing terminal facility on John Glenn Drive immediately south of the Air Traffic Control Tower. The site plan is nearing completion and the project has a categorical exclusion for the National Environmental Policy Act and a categorical exemption for CEQA. The ARFF component is eligible for Federal Aviation Administration (FAA) grant funding; the FAA provided a grant for the ARFF design. The project is expected to start construction in 2021. 4. Light Industrial. A developer has expressed an interest in constructing a light industrial development on approximately sixteen acres on the east side of Marsh Drive and immediately north of the light industrial business park noted above. The CEQA process has started and a development application is expected to be submitted to the Department of Conservation and Development in early 2020. The developer anticipates starting construction in late 2020 or early 2021. 5. Byron Airport Light Industrial. A developer has expressed an interest in constructing a light industrial development on approximately thirty-six acres on the northwest side of the airport. This project is on hold pending the completion of the Byron Airport General Plan Amendment process. 1. 2. Aircraft Rescue and Firefighting Storage Facility. The County is in process of constructing an ARFF Storage Facility on land adjacent to the Airport office, on the west side of Osprey Court. The construction plans are nearing completion and will be submitted for building permits when done. It is anticipated that this project will start construction in early 2020. Aviation Development. A developer has expressed an interest in constructing an aviation development on approximately three acres on the northwest corner of Falcon Way and Osprey Court. The developer is refining the site plan and will be meeting with the various County agencies to discuss the project in advance of submitting a development plan application. This project is anticipated to start construction in 2020. 3. In addition to the above-described projects, the Airports Division has also implemented a business attraction program at both airports. The focus of the program, known as BAATTS (Bay Area Aviation Technology Test Site), is to appeal to developers and tenants who are UAS (also commonly referred to as drones) aviation technology innovators. Because many Bay Area companies are developing aviation-related technologies and products, the Airports Division is proactively promoting our airports and services to attract these businesses to the County’s airports. Because of the restricted and crowded nature of Bay Area airspace and neighborhoods, these companies have been traveling to remote locations, including out-of-state locations, to perform UAS testing. Buchanan Field and Byron Airport offer a compelling alternative to these companies by providing two welcoming aviation-testing sites in close proximity to San Francisco and Silicon Valley. And because Buchanan Field is in a dense suburban environment and Byron Airport is in a rural environment, our airports offer these businesses a unique opportunity to design, develop, and test in both types of environments in the heart of the Bay Area. To facilitate UAS testing at the County airports, the Airports Division is exploring partnering with an Federal Aviation Administration (FAA) designated UAS Flight Test Site. A partnership would allow Buchanan Field and Byron Airport to quickly become operational as an FAA designated satellite UAS test site. The Airports Division is also working to secure a Certificate of Authorization (COA) from the FAA to authorize specific types of UAS operations. Prospective UAS businesses would have to submit separate COA applications to the FAA for their specific operations at the County airports. Any public or private UAS proposal that the County receives will be vetted with various County stakeholders. (See Attachment B) Summary of Benefits of Airport Development: As more fully described above, each new development, business, and aircraft based at a County airport equates to increased revenue for the County General Fund. In addition, increased activity at County airports has a positive impact on the local economy through jobs creation and tax revenue. What may be less clear, but is equally true, is that the Airports Division’s ability to increase revenue generation at the County’s airports improves the likelihood of future airport growth and success. One example of this is that County’s airports are eligible for significantly higher grants from the FAA’s Airport Improvement Program (AIP) when annual passenger enplanements from a County airport exceed 10,000. One of Buchanan Field Airport’s tenants, JSX (formerly Jet Suite X), recently exceeded that threshold. As a result, Buchanan Field Airport has been elevated from an allocation of $150,000 of AIP funds per year to $1 million of AIP funds per year. Airport development that increases and diversifies the airports’ revenue stream also supports the County’s mandate from the FAA, which is to operate the airports in a manner that enables the airports to be as self-sufficient as possible. ATTACHMENTS Attachment A Attachment B BOS Presentation 2019 Attachment A: List of Economic Development Accomplishments  Approved a one-year Consumer Price Index rent adjustment waiver for aviation tenants  Authorized negotiation of a long-term lease and development terms for approximately 4.5-acres for non-aeronautical use at Buchanan Field  Authorized negotiation of a long-term lease and development terms for approximately 7 - acres for aeronautical use at Buchanan Field  Authorized negotiation of a long-term lease and development terms for approximately 0.86-acres for aeronautical use at Buchanan Field  Approved a three-year Consumer Price Index rent adjustment waiver for County hangar and tie-down tenants  Authorized negotiation of a long-term lease and development terms for approximately 3 - acres for non-aeronautical use at Buchanan Field  Approved a rental agreement for the terminal building to allow for scheduled charter service at Buchanan Field  Authorized negotiation of a long-term lease and development terms for approximately 7.5-acres for aeronautical use at Buchanan Field  Discussed the EDIP and strategic plan priority initiatives  Approved a lease amendment for Pacific States Aviation to incorporate additional County property (commonly known as 101 John Glenn Drive) into their lease to expand their business  Authorized participation in the California Department of Technology’s proposal to be a designated testing site under the FAA sponsored pilot program focused on unmanned aircraft systems (UAS)  Authorized submitting a Federal and State grant applica tion to design a new ARFF, administrative office, and general aviation terminal building for Buchanan Field  Approved the Hangar Row F improvement project and advertising for construction bids  Approved a long-term lease with Montecito Commercial Group to de velop approximately 3.21 acres as a light industrial business park at Buchanan Field  Authorized negotiation of a long-term ground lease with Mark Scott Construction to develop approximately 36-acres for non-aeronautical use at the Byron Airport  Selection of a master developer and authorization to negotiate lease and development terms for approximately 4.6-acres for non-aeronautical use at Buchanan Field  Adopting a resolution recognizing the contributions of the airports to the aeronautical community and the local economy  Adoption of new rates and charges for hangars and tie -downs plus maintenance and other services to be more regionally competitive  Approved a long-term lease with Calstar Air Medical Services for aeronautical use on about 0.46-acres at 5005 Marsh Drive, Buchanan Field  Authorized negotiation of a long-term lease and development terms for approximately 16-acres for non-aeronautical use at Buchanan Field  Authorized submittal of federal, state, and local agency grant applications up to $1 million for design, planning, or construction of airport improvements, or the acquisition of equipment to be used at the airports  Approved exploring entering into a memorandum of understanding with Dronecode and 3 DR Government Services to use one or both of the C ounty airports to test the capability of an unmanned aerial system to inspect airport terminal instrument procedures which are used by pilots after dark and in inclement weather  Authorized hosting of the 11th annual Tenant Appreciation BBQ  Authorized negotiating ground lease terms for use of a County maintenance hangar at the Byron Airport  Approved allocation of Mariposa Community Benefit Funds for added work for the General Plan Amendment process and installation of an Aircraft Rescue and Firefighting storage building at the Byron Airport  Authorized Airports staff to promote and market the airports as testing locations for UAS technology  Approved the Buchanan Field Runway 14L/32R rehabilitation project and authorized advertising for construction bids  Approved assigning the lease for 1500 Sally Ride Drive to Voly RE (an aviation technology company) at Buchanan Field  Approved a 15-year ground lease with Skyview Aviation to perform aircraft maintenance activities and flight training at the Byron Airport  Authorized negotiating lease and development terms with the Contra Costa County Fire Protection District to locate Station 9 and develop an aviation facility on approximately 3-acres at Buchanan Field  Authorized negotiating lease and development terms for approximately 3-acres for aeronautical use at the Byron Airport Contra Costa County Airports System Operates without the use of County General Funds. Self funded with generated revenue deposited into the Airport Enterprise Fund. Airport activities generate millions in revenue for the County, schools, and other local entities from possessory interest, sales, and other taxes. $2,200,550 $882,801$5,104,738 $249,037 FY 2017-18 Airports Revenue Generation ($8,437,126) County Schools Airport Enterprise Fund Other Added Economic Impact from Growth of the Airports to Contra Costa County New commercial development valued at $30 million. The annual possessory interest tax to the County General Fund estimated at $186,000. Development will also generate sales tax to the County General Fund. EXAMPLES Airport Development FALCON 7X One new Dassault Falcon 7X, estimated value $60 million, would generate $372,000 annually to the County General Fund from possessory interest. Annual Regional Economic Impact (2016 Values) Contra Costa County Airports $106 Million Economic Output 828 Jobs $8 million in State and Local revenue $10.2 million in Federal Tax Revenue Buchanan Field Airport $104 Million Economic Output 808 Jobs $7.9 million in State and Local revenue $10 million in Federal Tax Revenue Byron Airport $2 Million Economic Output 20 Jobs $100,000 in State and Local revenue $200,000 in Federal Tax Revenue Contra Costa County Airports Strategic Plan Initiatives Proactive focus to attract businesses and jobs to the Airports. Buchanan Field Airport Terminal. Identify and position Airports to capture market niches. Bay Area Aviation Technology Test Site for emerging aviation technology (BA2T2S) . Property development and streamline entitlement process. 5 Buchanan Field and 3 Byron new developments in process. Fire Station #9 3 Acre Business Park16 Acre Business Park Buchanan Field Development Concord Airport Self Storage ARFF & Maintenance Bay3 Acre Aviation Hangar Development 36 Acre Non-Aviation Development Byron Airport Development Designated FAA UAS Test Sites CCC Airports Contra Costa County Airports’ are in discussions to partner Buchanan Field and Byron Airport with Alaska and New Mexico UAS test site programs. Current Aviation Innovation and Technology at the Airports JSX Annual Performance Report (2016-2019) *2016 Statistics -April through December **2019 Passengers/Concessions -January through October 2016 2017 2018 2019 Concession Fees $28,065 $67,325 $83,060 $87,620 Passengers 5,613 13,465 16,612 17,524 0 2,000 4,000 6,000 8,000 10,000 12,000 14,000 16,000 18,000 20,000 $0 $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 $90,000 $100,000 JSX Annual Performance Report (JSX rebranded from JetSuiteX) *** Thank you! RECOMMENDATION(S): 1. OPEN a hearing on the adoption of Ordinance No. 2019-40, authorizing the levy of an increased special tax for police protection services in County Service Area (CSA) P-2 Zone A (Zone A), in the unincorporated area of Blackhawk, and Resolution No. 2019/617, directing the ordinance to be presented to the CSA P-2 Zone A voters for approval in a May 5, 2020, mail-ballot election; CONSIDER oral and written comments received; and CLOSE the hearing. 2. ADOPT Ordinance No. 2019-40. 3. ADOPT Resolution No. 2019/617. FISCAL IMPACT: The approximate $20,000 cost of the election will be paid from ad valorem property tax revenues previously allocated to Zone A. If approved by the voters, the parcel tax is expected to generate an additional $295,897 beginning in FY 2020/21 and approximately $31,000 in each year after that from the proposed 3% annual increase to the tax levy. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Alicia Nuchols, (925) 252-4500 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 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:Diane Burgis, District III Supervisor Date:December 17, 2019 Contra Costa County Subject:HEARING TO CONSIDER ADOPTION OF PROPOSED SPECIAL TAX ORDINANCE AND AUTHORIZE ELECTION TO OBTAIN VOTER APPROVAL BACKGROUND: The CSA P-2 Zone A Blackhawk Police Advisory Committee (Committee) has proposed a special tax measure be submitted to the voters of Zone A. The purpose of the tax is to generate additional revenue for police protection services within the Zone. Currently, Zone A reserve funds are being used to supplement approximately $720,000 in annual special tax revenues to pay for three (3) resident deputy sheriffs and one (1) resident sheriff lieutenant. The Committee determined that additional tax revenue is needed to continue funding the existing level of service. Under proposed Ordinance No. 2019-40 (“Ordinance”), beginning in fiscal year 2020-2021, special taxes levied in the Zone for police protection would be increased to $395 per parcel for residential properties (single, small multiple and large multiple), $2,370 per parcel for commercial/industrial/institutional properties and $11,852 per parcel for commercial/theater parcels. The current tax rates are $280, $1,680 and $8,400, respectively. If adopted by the Board, Ordinance No. 2019-40 would become effective only if it is presented to the voters of the Zone at an election, and receives the approval of two-thirds of the voters voting on the measure. Resolution No. 2019/617 would direct Ordinance No. 2019-40 to be presented to the CSA P-2 Zone A voters for approval at the scheduled May 5, 2020 mail ballot election and provides appropriate ballot language. The resolution also directs the County Clerk, Elections Division, to conduct the election and desginates the County Administrator or designee to serve as the Eligible Filer for purposes of filing necesary documents on behalf of the County. CONSEQUENCE OF NEGATIVE ACTION: If the Board does not take the recommended actions before the February 8, 2020, deadline to place measures on the May 5, 2020, mail ballot, the proposed tax measure could not be submitted to CSA P-2 Zone A voters for consideration on May 5, 2020. CLERK'S ADDENDUM Speakers: Tim Ryan, resident of Danville; Chris Gallagher, resident of Danville; Ron Banducci, resident of Danville. AGENDA ATTACHMENTS Resolution 2019/617 Ordinance No. 2019-40 Confirmation of Scheduled Publications County Service Area P-2A (Blackhawk), Property Counts and Special Tax Rate by Use Code, as of October 11, 2019 County Service Area P-2A (Blackhawk), Multi-Year Financial Projections, as of October 11, 2019 MINUTES ATTACHMENTS Signed Resolution No. 2019/617 Signed Ord 2019-40 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/17/2019 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2019/617 IN THE MATTER OF AUTHORIZING AN INCREASED SPECIAL TAX FOR POLICE PROTECTION SERVICES IN COUNTY SERVICE AREA P-2 ZONE A (BLACKHAWK) WHEREAS, this Board recognizes the need for increased police protection services in County Service Area P-2 Zone A and the difficulty of funding the current or increased level of services with revenues now available; and WHEREAS, Government Code sections 50077 and 53978 establish procedures for voter authorization of an increased special property tax in order to provide additional funding for police protection, NOW, THEREFORE, BE IT RESOLVED THAT: 1. Ordinance No. 2019-40, adopted this date, is to be presented for approval of the voters of County Service Area P-2 Zone A in a mail-ballot election on May 5, 2020, according to the following ballot proposition: “Shall County of Contra Costa Ordinance No. 2019-40 be approved to increase the existing annual parcel tax on County Service Area P-2 Zone A to $395 per parcel for residential property (single and multiple), $2,370 per parcel for commercial/industrial/institutional property, and $11,852 per parcel for commercial/theater property in the first year, with 3 percent increases every year thereafter, to provide additional funding for police protection services?” 2. The Contra Costa County Registrar of Voters is designated as the Election Official for this election, and the County Clerk, Elections Division, is hereby authorized and directed to provide all notices and take all other actions necessary to holding the election described in this resolution including, but not limited to, providing notices of times within which arguments for and against are to be submitted. 3. The County Administrator, or his designee, shall serve as the Eligible Filer for purposes of filing necessary documents with the Elections Official to facilitate listing of the above ballot proposition. Contact: Alicia Nuchols, (925) 252-4500 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: 1 ORDINANCE NO. 2019-40 ORDINANCE NO. 2019-40 (Uncodified) (An Ordinance of the Board of Supervisors of Contra Costa County) Authorizing a Special Tax for Police Protection Services in Zone A, County Service Area P-2 The Contra Costa County Board of Supervisors ORDAINS as follows: ARTICLE I. PURPOSE AND INTENT. It is the purpose and intent of this Ordinance to authorize the levy of a tax on parcels of real property on the secured property tax roll of Contra Costa County that are within Zone A of Contra Costa County Service Area No. P-2 in order to augment funding for police protection. This tax is a special tax within the meaning of Section 4 of Article XIIIA of the California Constitution. Because the burden of this tax falls upon property, this tax also is a property tax, but this tax is not determined according to nor in any manner based upon the value of property; this tax is levied on a parcel and use of property basis. Insofar as not inconsistent with this Ordinance or with legislation authorizing special taxes and insofar as applicable to a property tax that is not based on value, such provisions of the California Revenue and Taxation Code and of Article XIII of the California Constitution as relate to ad valorem property taxes are intended to apply to the collection and administration of this tax (Article IV of this Ordinance), as authorized by law. The revenues raised by this tax are to be used solely for the purposes of obtaining, furnishing, operating, and maintaining police protection equipment or apparatus, for paying the salaries and benefits of police protection personnel, and for such other police protection service expenses as are deemed necessary. ARTICLE II. DEFINITIONS. The following definitions shall apply throughout this Ordinance. 1. “Parcel” means the land and any improvements thereon, designated by an assessor's parcel map and parcel number and carried on the secured property tax roll of Contra Costa County. For the purposes of this Ordinance, parcel does not include any land or improvements outside the boundaries of Zone A of County Service Area P-2 nor any land or improvements owned by any governmental agency. 2. “Fiscal year” means the period of July 1 through the following June 30. 3. “Zone” means Zone A of County Service Area P-2, which is in the Blackhawk area within the boundaries of County Service Area M-23. 4. “Ad valorem property taxes” or “ad valorem real property taxes” means taxes imposed pursuant to Division 1, Property Taxation, of the Revenue and Taxation Code of California on secured roll real property subject to being sold for delinquency of such taxes. 2 ORDINANCE NO. 2019-40 5. “Single Residential” means parcels assigned the following use codes by the Assessor of Contra Costa County for ad valorem property tax purposes: 10, 11, 12, 13, 14, 15, 16, 17, 19, 61, 62, 88. 6. “Small Multiple Residential” means parcels assigned the following use codes by the Assessor of Contra Costa County for ad valorem property tax purposes: 21, 22, 23, 24. 7. “Large Multiple Residential” means: a. Parcels assigned the following use codes by the Assessor of Contra Costa County for ad valorem property tax purposes: 25, 26, 27, 28; and b. Parcels assigned the following use code by the Assessor of Contra Costa County for ad valorem property tax purposes and used for dwelling purposes: 29. 8. “Commercial/Industrial/Institutional” means: a. Parcels assigned the following use codes by the Assessor of Contra Costa County for ad valorem property tax purposes: 30, 31, 32, 33, 34, 35, 36, 37, 39, 41, 42, 43, 44, 46, 47, 49, 50, 51, 52, 53, 54, 63, 70, 74, 75, 83, 84, 85; and b. Parcels assigned the following use code by the Assessor of Contra Costa County for ad valorem property tax purposes and used for commercial or industrial purposes: 29. 9. “Commercial/Theater” means parcels assigned the following use code by the Assessor of Contra Costa County for ad valorem property tax purposes: 45. 10. “Use Code” means the code number assigned by the Assessor of Contra Costa County in order to classify parcels according to their use for ad valorem property tax purposes. A copy of the Assessor’s use code classification chart is attached hereto as Appendix A and incorporated herein. ARTICLE III. AMOUNT AND LEVY OF TAXES. 1. The tax per year on each parcel in the Zone shall not exceed the amount applicable to the parcel, as specified below. A. For First Fiscal Year: The tax per year for the first fiscal year (July 1, 2020, through June 30, 2021) shall be the Amount of Tax Per Parcel for the Property Use Category as set forth below: Property Use Category Amount of Tax Per Parcel 1. Single Residential $ 395 2. Small Multiple Residential 395 3. Large Multiple Residential 395 3 ORDINANCE NO. 2019-40 4. Commercial/Industrial/ Institutional 2,370 5. Commercial/Theater 11,852 B. For Subsequent Fiscal Years: In July, the Board of Supervisors of Contra Costa County shall determine the amount of taxes to be levied upon the parcels in the Zone for the then current fiscal year as set forth below. For each Property Use Category identified in Article III, Section 1.A. of this Ordinance, the tax per year on each parcel for each fiscal year subsequent to the first fiscal year shall be an amount equal to the tax per parcel for the previous fiscal year multiplied by 1.03. 2. The taxes levied on each parcel pursuant to this Article shall be a charge upon the parcel and shall be due and collectible as set forth in Article IV, below. A complete listing of the amount of taxes on each parcel shall be maintained by the Clerk of the Board of Supervisors of the County of Contra Costa and be available for public inspection during the remainder of the fiscal year for which such taxes are levied. ARTICLE IV. COLLECTION AND ADMINISTRATION. 1. Taxes as Liens Against the Property. The amount of taxes for each parcel each year shall constitute a lien on such property in accordance with Revenue and Taxation Code section 2187, and shall have the same effect as an ad valorem real property tax lien until fully paid. 2. Collection. The taxes on each parcel shall be billed on the secured roll tax bills for ad valorem property taxes and shall be due the County of Contra Costa. Insofar as feasible and insofar as not inconsistent with this Ordinance, the taxes are to be collected in the same manner in which the County collects secured roll ad valorem property taxes. Insofar as feasible and insofar as not inconsistent with this Ordinance, the times and procedure regarding exemptions, due dates, installment payments, corrections, cancellations, refunds, late payments, penalties, liens, and collections for secured roll ad valorem property taxes shall be applicable to the collection of this tax. Notwithstanding anything to the contrary in the foregoing, as to this tax: (1) the secured roll tax bills shall be the only notices required for this tax, and (2) the homeowners and veterans exemptions shall not be applicable because such exemptions are determined by dollar amount of value. 3. Costs of Administration by the County. The reasonable costs incurred by the County officers collecting and administering this tax shall be deducted from the collected taxes. 4 ORDINANCE NO. 2019-40 ARTICLE V. ACCOUNTABILITY MEASURES. 1. Account. Upon the levy and collection of the tax authorized by this Ordinance, an account shall be created into which the proceeds of the tax will be deposited. The proceeds of the tax authorized by this Ordinance shall be applied only to the specific purposes identified in this Ordinance. 2. Annual Report. An annual report that complies with the requirements of Government Code section 50075.3 shall be filed with the Board of Supervisors of Contra Costa County no later than January 1 of each fiscal year in which the tax is levied. ARTICLE VI. SEVERABILITY CLAUSE. If any article, section, subsection, sentence, phrase of clause of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. The voters within the Zone hereby declare that they would have adopted the remainder of this Ordinance, including each article, section, subsection, sentence, phrase or clause, irrespective of the invalidity of any other article, section, subsection, sentence, phrase or clause. ARTICLE VII. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its confirmation by two-thirds of the voters voting within the Zone in an election to be held on May 5, 2020, so that taxes shall first be collected hereunder for the tax year beginning July 1, 2020. PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of Contra Costa, State of California, on December 17, 2019, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: DAVID J. TWA, Clerk of the Board of Supervisors and County Administrator By: Deputy Chair of the Board of Supervisors ATTACHMENT: APPENDIX A [SEAL] LW H:\Ordinances\Ord.2019-40.12.17.19.docx APPENDIX A to Ord. No. 2019-40 REJECT AND CONFIRMATION CODES USE CODES RESPONSIBILITY CODES REJECT CODES 0 Good Sale (can be used as comparable) 1 Sold Part of a Split 3 Sales With Other Parcels 4 Hidden Stamps 5 Investigate Sale (cannot be used as comparable) 7 Restricted Sale 8 Assumption 9 No Exemption Change U Unrecorded Documents NOTE: Reject Codes 0, 1, & 4 "identify" sales. They do not reject them. Such sales (when confirmed) are used in statistics. Sales with other codes ARE rejected & do not enter into statistics. CONFIRMATION CODES Q = PCOR Received C = SQ Received A = ADJ R = SQ Requested X = SVP (Sales Verification Program) RESIDENTIAL MULTIPLE COMMERCIAL COMMERCIAL INDUSTRIAL LAND INSTITUTIONAL MISCELLANEOUS 1 10 20 30 40 50 60 70 80 Vacant, Unbuildable Vacant Vacant Land Boat Harbors Vacant Land Unassigned Intermediate Care Facility (Rehab, Skilled Nursing) (-7) Mineral Rights (productive/non- productive) Residential 11 Single Family 21 31 41 51 61 71 81 2 1 Res on 1 site, with or w/o MINOR Common Area Duplex Commercial Stores (not Supermarkets) Supermarkets (not in shopping centers) Industrial Park (with structures) Rural, Residential Improved 1A up to 10A Churches Private Roads Multiple Residential 12 Single Family 22 32 42 52 62 72 82 3 1 Res on 2 or more sites Triplex Small Grocery Stores (7-11, Mom & Pop, Quick-Stop) Shopping Centers (all parcels incl vacant for future shopping center) Research and Development, with or w/o structures; flexible use Rural, with or without Misc. Structures 1A up to 10A Schools & Colleges (public or private, with or without improvements) Pipelines and Canals Commercial/ Industrial 13 Single Family 23 33 43 53 63 73 83 4 2 or more Res on 1 or more site Fourplex Office Buildings Financial Bldgs. (Ins. & Title Companies, Banks, S & L) Light Industrial Urban Acreage 10A up to 40A Acute Care Hospitals, with or without imps State Board Assessed Parcels Commercial/ Industrial 14 Single Family 24 34 44 54 64 74 84 5 1 Res on other than Single Family Land Combinations; e.g., Single and a Double, etc. Medical; Dental Motels, Hotels (-4) & Mobile Home Parks (-7) Heavy Industrial (-5) Alpha Urban Acreage 40A and over Cemeteries (-7) & Mortuaries (-3) Utilities, with or without bldgs (not assessed by SBE) Commercial/ Industrial 15 25 35 45 55 65 75 85 6 Miscellaneous Improvements, 1 or more site, incl. trees & vines Apartments, 5-12 units, inclusive Service Stations; Car Washes; Bulk Plants, Mini Lube Theaters Mini-Warehouse (Public Storage) Orchards, Vineyards, Row Crops, Irrig. Past. 10A up to 40A Fraternal and Service Organiza- tions, Group Homes, Shelters Public and Private Parking Land 16 Single Family 26 36 46 56 66 76 86 7 Attached Res, Townhouses, Duets Apartments, 13-24 units, inclusive Auto Repair Drive-In Restaurants (Hamburger, Taco, etc) Misc. Imps including trees & vines on Light or Heavy Industrial Orchards, Vineyards, Row Crops, Irrig. Past. 40A & over Residential Care Facil. (Congregate Housing, Assisted Living) (-7) Taxable Municipally- Owned Property (Section 11) Commercial/ Industrial 17 27 37 47 57 67 77 87 8 Vacant, 1 site (includes PUD sites) Apartments, 25-59 units, inclusive Community Facilities; Recreational; Swim Pool Assn. Restaurants (not drive-in; inside service only) Unassigned Dry Farming, Farming, Grazing & Pasturing 10A up to 40A Cultural Uses (Libraries, Museums) Common Area pcls in PUD's (Open Space, Recreational Facilities) Residential (Unparcelized Condos) 18 28 38 48 58 68 78 88 (88-8 = Floating Vacant, 2 or more sites Apartments, 60 units or more Golf Courses Multiple and Commercial; miscellaneously improved Unassigned Dry Farming, Farming, Grazing & Pasturing 40A & over Parks and Playgrounds Manufactured Home Accessories (-4) In Park (-7) Homes) Floating Homes (-8) 9 19 Single Family 29 39 49 59 69 79 89 Detached Res, with MAJOR Common Area (pool, tennis, clubhouse, or other amenities), Cluster Homes Condominiums, Cooperatives (-1 Single Family) (-2 Rossmoor) Bowling Alleys Auto Agencies Pipeline Rights-Of- Way Agricultural Preserves Government- owned, with or without bldgs (Fed, State, County, City, SFBART, EBRPD) Other; Split parcels in different tax code areas Unassigned 90 Unassigned G:\Forms\FORMS\OFFICE\AS 3316.doc Rev. 3/7/13 County Service Area P‐2A (Blackhawk)Property Counts and Special Tax Rate by Use CodeProperty Use Code Property Description No. of PropertiesRate Tax Rate Tax Rate Tax Rate Tax Rate Tax10 Vacant,Unbuildable 6 280        1,680            395        2,370             407        2,441            419        2,514            432        2,590           11 Single Family6 280        1,680            395        2,370             407        2,441            419        2,514            432        2,590           13 Single Family11 280        3,080            395        4,345             407        4,475            419        4,610            432        4,748           15 Miscellaneous Improvements 1 280        280               395        395                407        407               419        419               432        432              16 Single Family166 280        46,480         395        65,570           407        67,537         419        69,563         432        71,650        17 Vacant, 1 site 9 280        2,520            395        3,555             407        3,662            419        3,771            432        3,885           19 Single Family Detached Res, with MAJOR Common Area 2190 280        613,200       395        865,050         407        891,002       419        917,732       432        945,263      29 Condominiums, Cooperatives4 280        1,120            395        1,580             407        1,627            419        1,676            432        1,727           33 Office Buildings 11 1,680     18,480         2,370     26,070           2,441     26,852         2,514     27,658         2,590     28,487        34 Medical; Dental 1 1,680     1,680            2,370     2,370             2,441     2,441            2,514     2,514            2,590     2,590           38 Golf Courses 33 ‐         ‐                ‐         ‐                 ‐         ‐                ‐         ‐                ‐         ‐               42 Shopping Centers 11 1,680     18,480         2,370     26,070           2,441     26,852         2,514     27,658         2,590     28,487        43 Financial Bldgs. 1 1,680     1,680            2,370     2,370             2,441     2,441            2,514     2,514            2,590     2,590           45 Theaters 1 8,400     8,400            11,852   11,852           12,208   12,208         12,574   12,574         12,951   12,951        53 Light Industrial 1 1,680     1,680            2,370     2,370             2,441     2,441            2,514     2,514            2,590     2,590           77 Cultural Uses (Libraries,Museums) 1 ‐         ‐                ‐         ‐                 ‐         ‐                ‐         ‐                ‐         ‐               87 Common Area pcls in PUD's (Open Space, Recreational Facilities) 237 ‐         ‐                ‐         ‐                 ‐         ‐                ‐         ‐                ‐         ‐               TOTAL2690 720,440$      1,016,337$   1,046,827$  1,078,232$  1,110,579$ YOY Revenue Increase 295,897$       30,490$        31,405$        32,347$       Assumptions:1. No change to number or use code designation of parcels.2. Continues to Exempt Golf Course, Cultural Use and Common Area parcels.3. 3% annual parcel tax inreases beginning in FY 2021/22.as of October 11, 2019Proposed w/ CPIFY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24Current Proposed Proposed w/ CPI Proposed w/ CPI as of 10/11/19 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23 Actual Projected Projected Projected Projected BEGINNING FUND BALANCE: CSA P‐2A (Blackhawk) Special Fund (Fund No. 265300) 470,645 236,462 165,709 220,655 252,700 Total Beginning Fund Balance 470,645 236,462 165,709 220,655 252,700 REVENUE: Property Tax 155,974 163,773 171,962 178,840 184,205 Parcel Tax 720,766 720,766 1,016,337 1,046,827 1,078,232 Donation 100,000 140,000 140,000 140,000 140,000 Miscellaneous Revenue 27,985 12,928 12,928 12,928 12,928 Fines/Forfeitures/Penalties 3,134 3,000 3,000 3,000 3,000 Intergovernmental Revenue 953 1,000 1,000 1,000 1,000 Total Revenue 1,008,812 1,041,467 1,345,227 1,382,595 1,419,365 EXPENDITURES: Salaries & Benefits 1,046,426 945,036 1,143,095 1,203,365 1,267,060 Services & Supplies 6,591 10,000 10,000 10,000 10,000 Interagency Charges 105,374 122,905 102,905 102,905 102,905 Fixed Assets (i.e., Capital Investment) 8,790 0 0 0 0 Expenditure Transfers 75,813 34,280 34,280 34,280 34,280 Total Expenditures 1,242,994 1,112,221 1,290,280 1,350,550 1,414,245 SURPLUS/(DEFICIT): Total Revenue Less Total Expenditures (234,183) (70,754)54,947 32,045 5,121 ENDING FUND BALANCE: CSA P‐2A (Blackhawk) Special Fund (Fund No. 265300) 236,462 165,709 220,655 252,700 257,821 Total Ending Fund Balance 236,462 165,709 220,655 252,700 257,821 Notes/Assumptions:  Salary and Benefits: 2020/21: 5% wage increase (Eff. July 1, 2020), 12 mos. Police Chief Differential, 3 Deputy model with $65,000 Overtime Estimate 2021/22: 5% wage increase (Eff. July 1, 2021), 12 mos. Police Chief Differential, 3 Deputy model with $68,250 Overtime Estimate 2022/23: 5% wage increase (Eff. July 1, 2022), 12 mos. Police Chief Differential, 3 Deputy model with $71,663 Overtime Estimate Health Care: Employer Cost of Healthcare: 10% Inc. /year Election Costs: Assume $20,000 one‐time elections cost in FY 2019/20. Elections Dept. estimates $3‐5 per voter for mail ballots, billed after election. Revenue: Property Tax: Increases of 5% in 2019/20 & 2020/21, 4% in 2021/22 and 3% in 2022/23 Parcel Tax: Reference "Property Counts and Special Tax Rate by Use Code" spreadsheet for details Donation: Assumes continuation of $40k from BHCC beginning in 2019/20 and continuation of BHHOA $100k Donation All other revenues: Assume 2019/20 budgeted level Traffic Safety Fund: Current Balance: $60,089 (FY 18/19 Unaudited) CSA P‐2A (BLACKHAWK) FINANCIAL PROJECTION 2019/20: Includes 5% negotiated wage increases (Eff. July 1, 2019),  9 mos. of 9% Differential for Police Chief, 12 mos. of (2)  Deputy model + Overtime based on July /August trend data CSA P-2A (Blackhawk) Traffic Safety Fund Fund 113900, Org 3682 18/19 Beginning Fund Balance 75,289.00 Less: Expenditures (21,800.00) Add: Revenue 6,599.96 18/19 Ending Fund Balance (Unaudited)60,088.96 RECOMMENDATION(S): ACCEPT update report on potential regulation of short-term rental of private dwellings within unincorporated areas of the County. FISCAL IMPACT: Costs of preparing an ordinance to regulate and permit short-term rental activities and other provisions will be assumed by the Department of Conservation and Development (Land Development Fund). The County could establish fees for short-term rental permits that could cover costs of administering permits. BACKGROUND: At the direction of the Board of Supervisors, staff has drafted a Short-Term Rental (STR) Ordinance addressing the short-term rental of residential dwelling units within the unincorporated areas of the County. Currently, the County does not allow or permit any short-term rentals. As a result of recent tragic events at short-term rentals within other jurisdictions, staff is continuing to evaluate the draft as well as enforcement strategies in order to incorporate applicable lessons learned from other jurisdictions. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Francisco Avila, (925) 674-7801 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D. 6 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:December 17, 2019 Contra Costa County Subject:Review and Discussion of County's Draft Short-Term Rental Ordinance and Direction to Staff Regarding Potential Regulatory Options. BACKGROUND: (CONT'D) Definition of Short-Term Rental "Short-term rental" (STR) means a residential dwelling unit, or portion of a residential dwelling unit, that is rented, or offered for rent, for compensation or consideration, for a period of 30 consecutive days or less. State Laws Addressing Short-Term Rental Activity Currently there are no State initiatives regulating the short-term rental industry. Local jurisdictions may adopt ordinances regulating STR. Status of the County's Draft Short-Term Rental Ordinance At the direction of the Board, staff circulated a questionnaire containing potential regulatory options to all Municipal Advisory Councils (MACs). Staff compiled those regulatory elements that received support, including; number of days a dwelling can be rented (90), requiring a ministerial permit, notification of neighbors when a short-term rental permit is issued, and requiring adequate parking. Staff prepared a draft ordinance consistent with previous direction from the Board and that is responsive to the feedback from by the various communities within the County. The following is a summary of the draft STR Ordinance. Ministerial Short-Term Rental Permit Key Regulations 1. A STR may only be operated after issuance of a short-term rental permit. 2. Upon approval of a short-term rental application, all property owners within 300 feet of the subject property will receive a notice that includes the contact information for the responsible party associated with the permit and the County's Code Enforcement Division. 3. A STR may not be rented for more than an aggregate of 90 days in any calendar year. 4. No more than one STR may be operated on any lot. 5. Accessory dwelling units may not be operated as a STR. 6. A residential dwelling unit located within a building that contains five or more dwelling units may not be operated as a STR. 7. Overnight guest occupancy may not exceed two persons per bedroom, plus two additional persons. Children under the age of 12 are not counted towards the total number of guests. 8. STRs with three or fewer bedrooms must include at least one off-street parking space available for use by guests. STRs with four or more bedrooms must include at least two off-street parking spaces available for use by guests. Operational Standard 1. Excessive traffic inconsistent with residential use is prohibited. 2. Excessive noise inconsistent with residential use is prohibited. 3. Obstruction of any road is prohibited. 4. No more than 20 total persons shall gather at a short-term rental. 5. No special events are allowed (conference, weddings, or any commercial event). 6. No signage is allowed. Discretionary Short-Term Rental Permit Applicants requesting to deviate from the short-term rental regulations such as, exceeding 90 rental days per year, providing a reduced amount of off-street parking or to allow a greater number of guests per rental stay may apply for a Discretionary Short-Term Rental Permit. The Zoning Administrator will consider each application on a case-by-case basis and must make the necessary land use findings prior to approval. Although deviations (request to exceed 90 rental days a year, etc.) may be allowed with a discretionary STR permit, no deviations to the Operational Standards are allowed with either the ministerial or discretionary permits. On-Going Analysis by Staff Staff continues to monitor other jurisdictions and their efforts to regulate STRs. For example, following the tragedy in Orinda, the City of Orinda is implementing emergency regulations to limit STRs to hosted rentals only. Staff is also continuing to monitor the major host platforms for new developments. One host platform (Airbnb) has initiated a program that responds to complaints at active short-term rental activity. These and other efforts the by host platforms to curtail problematic activities such as unpermitted parties are new and evolving and their efficiency is not yet clear. Finally, staff is also evaluating enforcement tools, including: Issuing citations (which may be more efficient than the administrative fine process we have employed for other code enforcement activities.) Pursuing agreements with host platforms to remove listings for unpermitted STRs. Conclusion Unless otherwise directed by the Board, staff will submit the draft STR ordinance to the County Planning Commission for review and recommendation along with the results of ongoing analysis and evaluation discussed above. RECOMMENDATION(S): 1. Open the public hearing; RECEIVE and CONSIDER public comments and protests; CLOSE the public hearing. 2. APPROVE the proposed Community Center Rules and Regulations, increase in rental fees, and inclusion of insurance requirements; 3. ADOPT Resolution No. 2019/637 for the use of the Lefty Gomez Community Center. 4. DIRECT the Public Works Department to implement proposed revisions to the Community Center Rules and Regulations, increase in rental fees, and inclusion of insurance requirements for the use of Lefty Gomez Community Center beginning December 18, 2019. FISCAL IMPACT: 100% County Service Area (CSA) R-10 Funds. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Slava Gospodchikov - Engineering Services , Carl Roner- Special Districts, Rochelle Johnson - Special Districts, Victoria Skerritt, Special Districts D. 7 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:December 17, 2019 Contra Costa County Subject:Hearing to Approve the proposed revisions to rental documents and Adopt the Resolution for use of the Lefty Gomez Community Center, Rodeo area. BACKGROUND: Staff analyzed costs 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 has not been any 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 approve an increase in rental fees (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: Rental Revenue at the current rates prevents County Service Area R-10 from generating sufficient 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. AGENDA ATTACHMENTS Resolution No. 2019/637 Attachment 1 - Proposed Rules & Regulations Attachment 2 - Proposed Rate Increase Attachment 3 - Proposed Insurance Requirements MINUTES ATTACHMENTS Signed Resolution No. 2019/637 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/17/2019 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2019/637 IN THE MATTER OF: Adopt Resolution No. 2019/637 revising Rules and Regulations, increasing the rental fees, and revising the insurance requirements for use of the Lefty Gomez Community Center, Rodeo area. (District V) A. Contra Costa County owns the Lefty Gomez Community Center. The County rents the community centers to the public and charges rental fees and other fees for the privilege of using those community centers. These charges recover some of the County’s costs to operate and maintain the community centers. B. The fees that the County charges for the use of the community centers have remained unchanged for approximately 16 years. Public Works Department staff determined that the fees do not recover the costs that the County incurs to operate and maintain the facilities. Therefore, staff evaluated facility rental fees charged by other jurisdictions to determine whether an increase in the facility rental fees was justified. This evaluation is described in the board order. C. Public Works Department staff determined the community center rental fees and deposits included in Attachment 2, attached hereto and incorporated herein, are consistent with what other jurisdictions charge for use of their community centers, and further determined that they will help the County recover its costs to operate and maintain the community centers for the benefit of the public. Public Works Department staff also recommends revisions to the rules & regulations, and insurance requirements, as set forth in Attachments 1 and 3 attached hereto. D. Pursuant to Government Code Sections 6062a, 66016, and 66018, notice of the public hearing on the adoption of this resolution was published and given, and, on December 17, 2019, a public hearing was held before the Board of Supervisors, as the governing body of the County. The Board of Supervisors considered all written and oral testimony, comments, and presentations submitted at and before the hearing, including the board order. NOW, THEREFORE, IT IS RESOLVED by the Board of Supervisors of Contra Costa County: 1. Adoption of Community Center Fees. The Lefty Gomez Community Center fee schedule attached hereto as Attachment 2, is hereby adopted and the fees included in the fee schedule shall be charged and collected in connection with the public’s use of the community center. The Board of Supervisors further adopts the community center rules and regulations, and insurance requirements attached hereto as Attachments 1 and 3. 2. Severability. Notwithstanding any other provision of this resolution to the contrary, if a court of competent jurisdiction determines any fee set forth in Attachment 2 is invalid or unenforceable, the comparable fee in effect prior to the adoption of this resolution shall be deemed not to have been repealed and shall remain in effect and subject to the remaining provisions of this resolution. 3. Effective Date. This resolution becomes effective immediately. All of the fees included in Attachment 2 shall be charged beginning December 18, 2019. Contact: Carl Roner - (925)313-2213 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Slava Gospodchikov - Engineering Services , Carl Roner- Special Districts, Rochelle Johnson - Special Districts, Victoria Skerritt, Special Districts 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 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 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 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 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 Page 4 of 8 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 Page 5 of 8 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 Page 6 of 8 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 Page 7 of 8 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): 1. OPEN the public hearing; RECEIVE and CONSIDER public comments and protests; CLOSE the public hearing. 2. APPROVE the proposed Community Center Rules and Regulations, increase in rental fees, and inclusion of insurance requirements; 3. ADOPT Resolution No. 2019/639 for the use of the Montarabay Community Center. 4. DIRECT the Public Works Director to implement proposed revisions to the Community Center Rules and Regulations, increase in rental fees, and inclusion of insurance requirements for the use of Montarabay Community Center beginning December 18, 2019. FISCAL IMPACT: 100% County Service Area (CSA) M-17 Funds. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Slava Gospodchikov - Engineering Services , Carl Roner- Special Districts, Rochelle Johnson - Special Districts, Victoria Skerritt, Special Districts D. 8 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:December 17, 2019 Contra Costa County Subject:Hearing to Approve the proposed revisions to rental documents and Adopt the Resolution for 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 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 has not been any 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 approve an increase in rental fees (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: Rental revenue at the current rates prevents County Service Area M-17 from generating sufficient 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. AGENDA ATTACHMENTS Resolution No. 2019/639 Attachment 1 - Proposed Rules & Regulations Attachment 2 - Proposed Rate Increase Attachment 3 - Proposed Insurance Requirements MINUTES ATTACHMENTS Signed Resolution No. 2019/639 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/17/2019 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2019/639 IN THE MATTER OF: Adopt Resolution No. 2019/639 revising Rules and Regulations, increasing the rental fees, and revising the insurance requirements for use of the Montarabay Community Center, San Pablo area. (District I) A. Contra Costa County owns the Montarabay Community Center. The County rents the community centers to the public and charges rental fees and other fees for the privilege of using those community centers. These charges recover some of the County’s costs to operate and maintain the community centers. B. The fees that the County charges for the use of the community centers have remained unchanged for approximately 20 years. Public Works Department staff determined that the fees do not recover the costs that the County incurs to operate and maintain the facilities. Therefore, staff evaluated facility rental fees charged by other jurisdictions to determine whether an increase in the facility rental fees was justified. This evaluation is described in the board order. C. Public Works Department staff determined the community center rental fees and deposits included in Attachment 2, attached hereto and incorporated herein, are consistent with what other jurisdictions charge for use of their community centers, and further determined that they will help the County recover its costs to operate and maintain the community centers for the benefit of the public. Public Works Department staff also recommends revisions to the rules & regulations, and insurance requirements, as set forth in Attachments 1 and 3 attached hereto. D. Pursuant to Government Code Sections 6062a, 66016, and 66018, notice of the public hearing on the adoption of this resolution was published and given, and, on December 17, 2019, a public hearing was held before the Board of Supervisors, as the governing body of the County. The Board of Supervisors considered all written and oral testimony, comments, and presentations submitted at and before the hearing, including the board order. NOW, THEREFORE, IT IS RESOLVED by the Board of Supervisors of Contra Costa County: 1. Adoption of Community Center Fees. The Montarabay Community Center fee schedule attached hereto as Attachment 2, is hereby adopted and the fees included in the fee schedule shall be charged and collected in connection with the public's use of the community center. The Board of Supervisors further adopts the community center rules and regulations, and insurance requirements attached hereto as Attachment 1 and 3. 2. Severability. Notwithstanding any other provision of this resolution to the contrary, if a court of competent jurisdiction determines any fee set forth in Attachment 2 is invalid or unenforceable, the comparable fee in effect prior to the adoption of this resolution shall be deemed not to have been repealed and shall remain in effect and subject to the remaining provisions of this resolution. 3. Effective Date. This resolution becomes effective immediately. All of the fees included in Attachment 2 shall be charged beginning December 18, 2019. Contact: Carl Roner - (925)313-2213 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Slava Gospodchikov - Engineering Services , Carl Roner- Special Districts, Rochelle Johnson - Special Districts, Victoria Skerritt, Special Districts 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 G:\spdist\Board Orders\2019\11-12-2019\Montarabay Fee Increases\Community Center Rules and Regulations 2018 with sms comments FINAL.docx 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): 1. OPEN the public hearing on the Balmore Court Project, RECEIVE public testimony, and CLOSE the hearing. 2. FIND that the mitigated negative declaration prepared for the Balmore Court Project (SCH 2018122029) adequately analyzes the Project's environmental impacts, that there is no substantial evidence that the Project with the proposed mitigation measures will have a significant effect on the environment, and that the mitigated negative declaration reflects the County's independent judgment and analysis. 3. ADOPT the mitigated negative declaration for the Project. 4. ADOPT the mitigation monitoring program for the Project. 5. SPECIFY that the Department of Conservation and Development, located at 30 Muir Road, Martinez, California, is the custodian of the documents and other material which constitute the record of proceedings upon which the decision of the Board of Supervisors is based. 6. ADOPT Ordinance No. 2019-38, rezoning the subject property from Single-Family Residential Districts (R-6 and R-7) to Planned Unit District (P-1) (RZ17-3239). 7. ACKNOWLEDGE that the County Planning Commission approved the vesting tentative map for the Project and the associated tree permit (SD17-9478), and no appeal of these approvals was filed. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact: Stan Muraoka, 925-674-7781 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: D. 9 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:December 17, 2019 Contra Costa County Subject:Balmore Court Single-Family Residential Project (RZ17-3239, DP17-3054) RECOMMENDATION(S): (CONT'D) 8. APPROVE the Balmore Court Project. 9. APPROVE the preliminary development plan for the Project (DP17-3054). 10. APPROVE the findings in support of the Project. 11. APPROVE the Project conditions of approval. 12. DIRECT the Director of Conservation and Development to file a CEQA Notice of Determination with the County Clerk. FISCAL IMPACT: None. The applicant has paid the initial deposit and is obligated to pay supplemental fees to cover any and all additional costs associated with processing the application. BACKGROUND: Project Description. The Balmore Court Single-Family Residential Project, as detailed below and in the CPC staff report of August 28, 2019, consists of: (A) a Rezoning of a vacant 6.44-acre residential property, (B) a 33-lot Subdivision including a Vesting Tentative Map, and (C) a Preliminary Development Plan for 30 single-family residences. The subject property is in the SH Single-Family Residential-High Density General Plan land use designation. A. Rezoning RZ17-3239: A Rezoning of a vacant 6.44-acre residential property, consisting of two Assessor’s parcels, from the R-6 Single-Family Residential District and the R-7 Single-Family Residential District to a P-1 Planned Unit District. The Rezoning would allow clustering of the single-family homes to meet the required residential density of the SH designation, while setting aside land for hillside open space, storm drainage, and the restrictive riparian easement that was established in 2007. Adoption of Ordinance No. 2019-38 will implement Rezoning RZ17-3239. B. Subdivision SD17-9478: A Subdivision, including a Vesting Tentative Map, to subdivide the property into 33 lots, including 30 residential parcels, one hillside open space parcel, one storm drainage parcel, and a roadway parcel. A public street extension of Balmore Court will be constructed within the roadway parcel. The project includes the improvement of the private street section of Balmore Court between Lindell Drive and the subject property to a public street, and on-site storm water drainage facilities to collect project-related storm runoff. The subdivision includes exceptions to the requirements of County Code Sections 98-4.002 (Minimum Width of Pavement and Right of Way – Collector Streets) and 99-6.016 (Horizontal Curves – Collector Streets). On August 28, 2019, the County Planning Commission (CPC) approved Subdivision SD17-9478, with a condition (Condition of Approval #34) that the approval is contingent on approval of Rezoning RZ17-3239 and Preliminary Development Plan DP17-3054. C. Preliminary Development Plan DP17-3054: A Preliminary Development Plan for the P-1 District to include development of 30 single-family residences on the 30 residential parcels, accessed by a road extension of Balmore Court. The P-1 District includes development standards for lots, building height, yards, other improvements, and parking as listed on Table 1, Balmore Court P-1 District in Condition of Approval #22. The homes would be clustered with 20 homes accessed from the extension of Balmore Court via shared driveways. The remaining 10 homes would have individual driveway access to Balmore Court. The applicant also requests a Tree Permit to remove the13 trees on the property that are outside of the 2007 restrictive riparian easement to accommodate development of the property. Site/Area Description. The subject property is a 6.44-acre undeveloped site at the northern terminus of Balmore. Balmore Court is a public street from Allview Avenue to approximately 60 feet north of Lindell Drive. Balmore Court continues north of the public street section as a private street for a distance of approximately 400 feet. The private street portion of Balmore Court has a pavement width of approximately 24 feet near Lindell Drive and tapers to approximately 17 feet six inches at the northern terminus. On October 16, 2007, the Board of Supervisors adopted Resolution No. 2007/588, whereby the County accepted offers of dedication from the six adjoining private property owners along this street section. As part of the current project, the applicant proposes to improve this section of Balmore Court to match the street improvement on the project site, except for that portion subject to the traffic calming plan as explained below, and have the improved section become a public street. Surrounding the project site to the south and west are single-family residences along Balmore Court, Lindell Drive, and Kelvin Road. Further south and west are single-family residences along Allview Avenue, St. Andrews Drive, and Mitchell Way. The residential area is visually distinct from the commercial areas to the east and north along Appian Way and Fitzgerald Drive in the City of Pinole. The substantially larger commercial buildings include the Public Storage facility and Days Inn east of the project site along Appian Way. The parcels to the east are separated from the project site by an intermitted drainage channel along the eastern property boundary. The Pinole Vista shopping center along Fitzgerald Drive borders the project site to the north. County Planning Commission. On August 28, 2019, the County Planning Commission held a public hearing on the Balmore Court Single-Family Residential Project. After receiving public testimony from five individuals, the CPC closed the hearing. Subsequently, the CPC approved Subdivision SD17-9478, with a condition that staff review traffic calming measures such as street width reduction and speed limit signage to slow traffic along Balmore Court near the subdivision. The CPC approval included a recommendation to the Board of Supervisors to approve Rezoning RZ17-3239 and Preliminary Development Plan DP17-3054. Traffic Calming. Pursuant to the August 2019 direction received from the CPC, the applicant submitted a conceptual traffic calming plan that included a 28-foot wide section of improved roadway on Balmore Court with a raised crosswalk. The conceptual plan has been reviewed by Public Works staff, who have revised Condition of Approval #48 to account for the traffic calming plan. Environmental Review. Pursuant to the Guidelines for California Environmental Quality Act (California Code of Regulations, Title 14, Chapter 3, Sections 15000 – 15387), Conservation and Development staff prepared an Initial Study assessment of potentially significant adverse environmental impacts that could result from the proposed Balmore Court Single-Family Residential Project. The identified potential impacts include: Construction period air quality and odors; Construction effects on nesting raptors and passerine birds; Geotechnical risks of soil erosion; Geotechnical and hydrological risks of potential landslides and of expansive soil; Noise levels on the northern portion of the site due to traffic on Interstate 80; Construction period noise and vibration; and, Potential adverse impacts on Native American cultural resources. Staff determined that although the proposed project could have potentially significant adverse environmental impacts, with implementation of mitigation measures that have been agreed to by the applicant, the project would not result in significant environmental impacts. A draft Mitigated Negative Declaration/Initial Study, SCH 2018122029, was prepared and published for the proposed project. The public review period for the draft MND started on December 12, 2018 and ended on January 14, 2019. ` Subsequently, a Final MND was prepared that includes the written comments received on the draft MND, responses to the comments received, and two staff-initiated text changes, including two minor changes to correct typographical errors. Written comments from six commenters were received during the public review period for the draft MND. Neither the comments nor the staff responses to the comments result in any substantial changes to the draft MND, and the impacts, mitigation measures, and findings of the MND are unchanged. The text changes are not the result of any new significant adverse environmental impact, do not alter the effectiveness of any mitigation included in the pertinent section, and do not alter any findings in the section. Pursuant to CEQA Section 15097, a Mitigation Monitoring Program has been prepared, based on the identified significant impacts and mitigation measures in the MND. The Mitigation Monitoring Program is intended to ensure that the mitigation measures identified in the MND are implemented. All mitigation measures listed in the Mitigation Monitoring Program are included in the CPC Approved Findings and COAs. Rezoning and Preliminary Development Plan. The August 28, 2019 CPC staff report includes findings for Rezoning RZ17-3239 and Preliminary Development Plan DP17-3054. The project site has a General Plan Land Use designation of SH, Single-Family Residential-High Density. This designation allows between 5.0 and 7.2 single-family units per net acre. Subdivision SD17-9478 includes 30 units on 5.53 net acres (6.44 gross acres - 0.91 acre for the roadway parcel), for a density of 5.42 units per net acre. Thus, the proposed project is be consistent with the SH General Plan designation, the General Plan policies for the El Sobrante area, and General Plan Housing Element policies related to providing an adequate supply of housing and encouraging infill development of suitable vacant and under-utilized sites within urbanized areas where necessary utilities already are installed. The project site is listed in the housing site inventory that is maintained by the Housing and Community Improvement Division as a site suitable for residential development. The project is projected to generate 22 AM peak hour vehicle trips and 30 PM peak hour trips, which will not significantly affect the nearby Allview Avenue/Balmore Court and Balmore Court/Lindell Drive intersections. Thus, the project will not have a significant impact on Appian Way, which is the nearest arterial designated in the General Plan Transportation and Circulation Element. Accordingly, the project is consistent with General Plan transportation policies for arterials. The project site has varying terrain. The site is relatively flat in the eastern portion near the intermittent drainage channel and slopes upward to the southwest, west and northwest. As a result, residential development of the project site involves substantial constraints, including slopes of up to 30 percent on the western and northwestern portions of the site that significantly reduce the buildable portion of the site. The project includes a 1.84 acre hillside open space parcel located uphill and generally west and northwest of the residential parcels and a 0.36 acre storm drainage parcel located in the northeast quadrant of the property. The storm drainage parcel and the residential parcels on the east side of the street include portions of the 0.91-acre restrictive riparian easement that was established pursuant to a grant deed of development rights to the County in 2007. These areas of the site will be permanently protected open space that will provide potential wildlife habitat, filter and retain stormwater runoff, require less new infrastructure, and better maintain the semi-rural sense of place of the Allview Avenue residential neighborhood. The Contra Costa County Fire Protection District has commented on the project and has required provision of fire hydrants and residential fire sprinklers in addition to the Fire Code-compliance roadway. In addition, Condition of Approval #12 requires a Vegetation Management Plan for the open space and storm drainage parcels, and the restrictive riparian easement. The Plan is intended to minimize wildfire risks of the undeveloped areas on the project site. Approximately ¾ of the 6.44-acre project site is in the R-6 District and approximately ¼ of the southwest portion of the site is in the R-7 District. However, given the 1.84 acres set aside for hillside open space, 0.36 acre set aside for project storm drainage, and the 0.91 acre within the restrictive riparian easement, the residential development occurs on 2.42 acres of the site. Accordingly, the project does not meet the development standards of the R-6 or R-7 Districts for lot size, lot width, lot depth, setbacks, and yards. The Balmore Court P-1 Planned Unit District allows for the clustering of homes, with reduced lot area, lot width, and lot depth requirements, reduced setbacks to a minimum of 10 feet, and reduced yards to a minimum of five feet. With the P-1 development standards, the project preserves open space areas, as described above, without reducing the residential density of the site. The 30 residences in the proposed project will have stucco walls with wood siding at select locations and asphalt shingle roofing, and will have earth tone colors. Use of such materials and colors is prevalent in the neighborhood. The surrounding neighborhood has a semi-rural character, with primarily one-story homes on 7,000 to 8,000 square-foot lots with established landscaping including a number of large trees. The project includes the planting of 28 trees, including 23 trees along the Balmore Court extension to provide street ambience and character, and five trees at the western end of the shared driveways to soften views of the project from offsite locations to the west. Thus, the project will be in harmony with the surrounding area and the uses established in the area. Conclusion. County staff has analyzed the proposed Balmore Court Single-Family Residential Project in terms of consistency with the surrounding neighborhood, appropriateness of use, and conformance with the County General Plan and zoning regulations. Completion of the MND identified potentially significant adverse environmental impacts, and mitigation measures that have been agreed to by the applicant, such that the project will not result in any significant environmental impact. Persons in the El Sobrante community have submitted comments to staff that have been addressed in the CPC staff report and/or the Final MND. Five individuals from the community spoke at the August 28, 2019, CPC public hearing on the proposed project about concerns related to the improvement of the currently private portion of Balmore Court, lack of a second access, fire safety, the need for a rezoning, existing traffic, lack of parking, trees, biological resources, and an onsite recreational facility. The CPC took these concerns into consideration and directly addressed the improvement of the private road section of Balmore Court by requiring traffic calming, as discussed above. The other concerns are addressed in the CPC staff report or Final MND. Notably, the issue of the second access is driven by wildfire risks, which are addressed by the Fire Protection District requirements and the mandatory Vegetation Management Plan. The CPC unanimously approved Subdivision SD17-9478 and recommended that the Board of Supervisors approved Rezoning RZ17-3239 and Preliminary Development Plan DP17-3054, based on the CPC Approved Findings and COAs. CONSEQUENCE OF NEGATIVE ACTION: If the recommended actions are not approved, the subject property will remain in the R-6 and R-7 Single-Family Residential Districts and the Project will not be constructed. CHILDREN'S IMPACT STATEMENT: CHILDREN'S IMPACT STATEMENT: The recommendation supports one or more of the following children's outcomes: Children Ready for and Succeeding in School; Children and Youth Healthy and Preparing for Productive Adulthood; and Communities that are Safe and Provide a High Quality of Life for Children and Families. The Project involves the rezoning of the subject property from the R-6 and R-7 Single-Family Residential Districts to a P-1 Planned Unit District and construction of 30 single-family residences pursuant to Preliminary Development Plan DP17-3054. Pursuant to Condition of Approval #42, the applicant is required to provide an area on the subject property for recreational facilities (e.g., tot lot, playground, other recreational facility) or contribute a fair share to nearby recreational facilities. CLERK'S ADDENDUM Carl Curry, resident of El Sobrante; Bill Roland, resident of El Sobrante, Dan Shaw, Owner. CLOSED the hearing; ADOPTED recommendations as presented; and DIRECTED staff to condition the project to include a provision to require occupants to utilize their garage to park cars. AGENDA ATTACHMENTS Parcel Page General Plan Map Zoning Map Aerial Photographs Ordinance No. 2019-38 Zoning Comparison Architectural Plans CPC Staff Report 082819 Findings COAs 8.28.19 CPC Conceptual Traffic Calming Plan 100819 Vesting Tentative Map CEQA - Draft Mitigated Negative Declaration CEQA - Final Mitigated Negative Declaration CEQA - Mitigation Monitoring Program PowerPoint Presentation MINUTES ATTACHMENTS Signed Ordinance No. 2019-38 R-7 R-6 R-6 City of Pinole Appian WayKelvin RdAllview Ave Lindell DrBalmoreCtDale s s iD rORDINANCE NO._____________ (Re-Zoning Land in the __________________________ Area) The Contra Costa County Board of Supervisors ordains as follows: Page ________________ of the County's 2005 Zoning Map (Ord. No. 2005-03) is amended by re-zoning the land in the above area shown shaded on the map(s) attached hereto and incorporated herein (see also Department of Conservation and Development File No. _____________________ .) FROM: Land Use District ______________ (_______________________________________) TO: Land Use District ______________ (_______________________________________) and the Department of Conservation and Development Director shall change the Zoning Map accordingly, pursuant to Ordinance Code Sec. 84.2.002. This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of supervisors voting for and against it in the __________________________________ , a newspaper published in this County. PASSED on ________________by the following vote: Supervisor SECTION II. EFFECTIVE DATE. SECTION I: Aye No Absent Abstain 1. J. Gioia ( ) ( ) ( ) ( ) 2. C. Andersen ( ) ( ) ( ) ( ) 3. D. Burgis ( ) ( ) ( ) ( ) 4. K. Mitchoff ( ) ( ) ( ) ( ) 5. F.D. Glover ( ) ( ) ( ) ( ) ATTEST: David Twa, County Administrator and Clerk of the Board of Supervisors __________________________________________________ Chairman of the Board By__________________________________, Dep. (SEAL) ORDINANCE NO._____________ RZ17-3239 - 1486 Investors, LLC 2019 - 38 El Sobrante G-6 RZ17-3239R-6R-7 P-1 (Single Family Residential)(Single Family Residential) (Planned Unit) 2019 - 38 Department of Conservation and Development County Planning Commission Wednesday, August 28, 2019 – 7:00 .P.M. STAFF REPORT Agenda Items #4a, 5a, 6a As revised by County Planning Commission on August 28, 2019 (Additions shown with double underlining; deletions shown with double strikethrough) Project Title: Balmore Court Single-Family Residential Project County File: SD17-9478, RZ17-3239, DP17-3054 Applicant/Owner: 1486 Investors, LLC (Applicant and Owner) Zoning/General Plan: R-6 and R-7 Single-Family Residential / SH, Single-Family Residential-High Density Site Address/Location: Northern terminus of Balmore Court in the El Sobrante area in unincorporated Contra Costa County. (Assessor’s Parcel Numbers 426-030-070, 426-030-071) California Environmental Quality Act (CEQA) Status: Mitigated Negative Declaration, SCH 2018122029 Project Planner: Stan Muraoka, AICP, Senior Planner (925) 674-7781 Staff Recommendation: Approve (See section II for full recommendation) I. PROJECT SUMMARY The applicant requests approval of the Balmore Court Single-Family Residential Project, consisting of (A) a Rezoning of a vacant 6.44-acre residential property, (B) a 33-lot Subdivision including a Vesting Tentative Map, and (C) a Preliminary Development Plan for 30 single-family residences. A. Rezoning RZ17-3239: A Rezoning of a vacant 6.44-acre residential property, consisting of two Assessor’s parcels, from the R-6 Single-Family Residential District and the R-7 Single-Family Residential District to a P-1 Planned Unit District. The Rezoning would allow clustering of the single-family homes while CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 2 of 47 setting aside land for hillside open space, storm drainage, and a restrictive riparian easement that was established in 2007. B. Subdivision SD17-9478: A Subdivision, including a Vesting Tentative Map, to subdivide the property into 33 lots, including 30 residential parcels, one hillside open space parcel, one storm drainage parcel, and a roadway parcel. A public street extension of Balmore Court would be constructed within the roadway parcel. The project includes the improvement of the private street section of Balmore Court between Lindell Drive and the Subdivision property to a public street, and on-site storm water drainage facilities to collect project-related storm runoff. The applicant also requests authorization of exceptions to the requirements of County Code Sections 98-4.002 (Minimum Width of Pavement and Right of Way – Collector Streets) and 99-6.016 (Horizontal Curves – Collector Streets). C. Preliminary Development Plan DP17-3054: A Preliminary Development Plan for the development of 30 single-family residences on the 30 residential parcels, accessed by a road extension of Balmore Court. The homes would be clustered with 20 homes accessed from the extension of Balmore Court via shared driveways. The remaining 10 homes would have individual driveway access to Balmore Court. The applicant also requests a Tree Permit to remove the few trees on the property that are outside of the 2007 restrictive riparian easement to accommodate development of the property. II. RECOMMENDATIONS Department of Conservation and Development, Community Development Division (CDD) staff recommends that the County Planning Commission: A. ADOPT Mitigated Negative Declaration/Initial Study (MND) SCH 2018122029 consisting of the draft MND and the Final MND, and the Mitigation Monitoring Program, based on the attached findings; and specify that the Department of Conservation and Development (located at 30 Muir Road, Martinez, CA) is the custodian of the documents and other material which constitute the record of proceedings upon which this decision is based. B. GRANT the exceptions to the requirements of County Code Sections 98-4.002 (Minimum Width of Pavement and Right of Way – Collector Streets) and 99-6.016 (Horizontal Curves – Collector Streets), as detailed in the attached findings. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 3 of 47 C. APPROVE Subdivision SD17-9478, including the Vesting Tentative Map, for the Balmore Court Single-Family Residential Project, based on the attached findings and subject to the attached conditions of approval. D. DIRECT staff to file a Notice of Determination. E. ADOPT a motion recommending that the Board of Supervisors: 1. ADOPT Mitigated Negative Declaration/Initial Study (MND) SCH 2018122029, finding that: there is no substantial evidence that the project with the proposed mitigation measures will have a significant effect on the environment; the MND, consisting of the draft MND and Final MND, refl ects the County’s independent judgement and analysis, the MND is adequate and complete; and, the MND has been prepared in compliance with the California Environmental Quality Act (CEQA) and the State and County CEQA Guidelines; and specify that the Department of Conservation and Development (located at 30 Muir Road, Martinez, CA) is the custodian of the documents and other material which constitute the record of proceedings upon which this decision is based. 2. APPROVE proposed Rezoning RZ17-3239 from the R-6 and R-7 Single Family Residential Districts to a P-1 Planned Unit District. 3. APPROVE Preliminary Development Plan DP17-3054 for the P-1 District. 4. DIRECT staff to file a Notice of Determination with the County Clerk. III. GENERAL INFORMATION A. General Plan: SH, Single-Family Residential-High Density B. Zoning: R-6 Single-Family Residential, R-7 Single-Family Residential C. California Environmental Quality Act: A draft Mitigated Negative Declaration/Initial Study (MND), SCH 2018122029, was prepared and published for the application. The 34-day public review period for the draft MND started on December 12, 2018 and ended on January 14, 2019. The draft MND is included as Attachment 9. Five letters and one email were received in response to the CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 4 of 47 publication of the draft MND. A Final MND has been prepared that includes the written comments received on the draft MND, responses to the comments received, and two staff-initiated text changes, including two minor changes to correct typographical errors. The final MND is included as Attachment 10. A related Mitigation Monitoring Program is included as Attachment 11. D. Tribal Cultural Resources: On July 16, 2018, in accordance with Section 21080.3.1 of the California Public Resources Code, a Notice of Opportunity to Request Consultation was mailed and emailed to the Wilton Rancheria, the one California Native American tribe that has requested notification of prop osed projects. Pursuant to Section 21080.3.1(d), there was a 30 day time period for the Wilton Rancheria to either request or decline consultation in writing for this project. To date, no response has been received from the Wilton Rancheria. However, the Wilton Rancheria previously requested tribal consultation in response to a consultation notice for a different project that led to a meeting between staff and a representative of the Wilton Rancheria. At that meeting, a tentative agreement was reached between staff and the Wilton Rancheria that the Native American tribe will be notified of any discovery of cultural resources or human remains on the site. Subsequently, the Native American Heritage Commission (NAHC) requested that pursuant to State law, the NAHC shall be notified of any discovery of human remains rather than the Native American tribe. The attached Conditions of Approval and Advisory Notes include conditions whereby the Wilton Rancheria will be notified of any discovery of cultural resources and the NAHC will be notified of any discovery of human remains on the site. E. Previous Applications: LD153-62: A Land Division to create two lots on a 4.95-acre parcel at the northern terminus of Balmore Court, was approved on June 7, 1962. LD261-62: A Land Division to create three lots on the 4.95-acre LD153-62 site, was approved on September 6, 1962. The three lots are historic parcels 35, 36, and 37 of Assessor’s Book 426, Page 3. RZ90-2898. This Rezoning, to rezone the 4.95-acre LD261-62 site, from the N-B Neighborhood Business District to a R-6 Single-Family Residential District, was approved by the Board of Supervisors on March 19, 1991. This R -6 zoning currently exists on historic parcels 35, 36, and 37 of Assessor’s Book 426, Page 3. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 5 of 47 SD90-7530: This 17-lot Subdivision was approved by the Board of Supervisors on March 19, 1991. SD90-7530 subdivided the 4.08-acre historic parcel 36 of Assessor’s Book 426, Page 3 into 17 single family lots. Approval of the Tentative Map expired and the Final Map was never filed. SD02-8647: This Subdivision, to subdivide the 4.08-acre SD90-7530 site into 17 single-family lots was submitted on April 18, 2002. The property was subsequently sold to KPR Balmore Manor, LLC, and the application was subsequently withdrawn on July 19, 2004. PR04-0027: This Pre-Application Review was submitted by KPR Balmore Manor, LLC, on July 14, 2004. The application included a proposal for a subdivision to include 35 single-family residences on a 6.35-acre site that included the LD261- 62 properties and adjoining historic parcels 6 and 7 of Assessor’s Book 426, Page 3. Following the pre-application review, the developer submitted the SD04-8920 Subdivision application. SD04-8920: This 25-lot Subdivision, submitted by KPR Balmore Manor, LLC, was approved by the Zoning Administrator on September 26, 2005. The Subdivision application included a Tree Permit to remove 30 protected trees on the property. The 25 residential lots on the PR04-0027 site were to be accessed by a private loop road off of Balmore Court. The existing private road section of Balmore Court north of Lindell Drive was to be improved as a public road and extended onto the Subdivision site. With the private loop road, the subdivision would have a density of 6.34 residential units per net acre and would meet the 5.0 to 7.2 residential units per net acre density requirement of the SH, Single-Family Residential-High Density, General Plan Land Use designation. The Final Map of Subdivision 8920 was filed on October 5, 2007 (505M47). The Final Map established the restricted development area along the riparian setback along the eastern boundary of the property. Although removal of existing structures and trees occurred subsequent to the filing of the Final Map, the subdivision was never constructed and no replacement trees were planted. On August 18, 2015, the Board of Supervisors approved a reversion to acreage of the Final Map. On September 3, 2015, a Map Reverting to Acreage for Subdivision 8920 was filed (526M1). The reversion dissolved the lots of the Final Map, created one legal lot, and retained the restricted development area along the riparian setback. F. PR17-0003: This Pre-Application Review was submitted by 1486 Investors, LLC, on March 16, 2017, with a Lotting Study for the SD04 -8920 site that included 22 CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 6 of 47 single-family residential lots along a roadway extension of Balmore Court. In developing this Lotting Study, the applicant had determined that the SD04-8920 loop road had substantial grading-related issues, and that the western and northwestern uphill portions of the site with slopes up to 30 percent should be retained as on-site open space. The March 2017 proposal had a density of 4.33 residential units per net acre, which would not meet the density requirement of the SH General Plan Land Use designation, and therefore, could not be approved. Subsequently, the applicant submitted a revised Lotting Study on May 12, 2017, that included 30 single-family residential lots that met the density requirement of the SH General Plan Land Use designation. Because the 30-unit project would not meet the development standards of the R-6 or R-7 Districts, staff advised the applicant that the project would need approval of a rezoning to a P-1 Planned Unit District, as provided for in the General Plan Land Use Element for properties in the SH designation. IV. SITE/AREA DESCRIPTION The 6.44-acre project site at the northern terminus of Balmore Court is the largest undeveloped property in the Balmore Court area, as shown on the aerial photo of the Balmore Court project vicinity in Attachment 2. There are a few other undeveloped or underdeveloped properties in the vicinity; however these properties are one acre or less in size. Balmore Court is a public street from Allview Avenue to approximately 60 feet north of Lindell Drive. Balmore Court continues north of the public street section as a private street for a distance of approximately 400 feet. The private street portion of Balmore Court has a pavement width of approximately 24 feet near Lindell Drive and tapers to approximately 17 feet six inches at the northern terminus. Surrounding the project site to the south and west are single-family residences along Balmore Court, Lindell Drive, and Kelvin Road. Further south and west are single- family residences along Allview Avenue, St. Andrews Drive, and Mitchell Way. The residential buildings in this area are mostly one-story structures; some of the buildings are two-story structures or have two-story portions. The residential buildings do not have any predominant architectural style; however, the homes are similar in having either stucco or wood siding and tile or asphalt shingle roofing, with predominantly earth tone colors. The varying architectural styles add visual interest to the neighborhood, and give the area an overall positive semi-rural residential character. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 7 of 47 The residential area is visually distinct from the commercial areas to the east and north along Appian Way and Fitzgerald Drive in the City of Pinole. The substantially larger commercial buildings include the Public Storage facility and Days Inn east of the project site along Appian Way. The parcels to the east are separated from the project site by an intermitted drainage channel along the eastern property boundary. The Pinole Vista shopping center along Fitzgerald Drive borders the project site to the north. The project site has varying terrain. The site is relatively flat in the eastern portion near the intermittent drainage channel and slopes upward to the southwest, west and northwest towards Lindell Drive and the Pinole Vista shopping center. The drainage channel along the eastern property boundary leads to a storm drain facility at the northeast corner of the site. Elevations on the site range from 230 feet at the northeast corner to 300 feet at the westernmost corner. Slopes to the west are up to 30 percent, while slopes to the southwest and northwest are less steep. There is currently no structure or other impervious surface on the project site. Vegetation on the site consists a ruderal herbaceous plant community consisting of non-native plants and weeds on 95 percent of the site. The only significant habitat on the project site is the riparian woodland along the eastern boundary. The riparian habitat has been substantially compromised by prior development of parcels to the east and north of the property, such that the habitat now consists of a broken overstory of willow and walnut trees with an understory that is a mix of riparian and non-native landscape plants. There are a few trees on the project site outside of the riparian habitat, including a stand of seven redwood trees at the southwest corner of the site, a cluster of four willow and poplar trees near the redwoods, and a poplar tree and a stand of locust trees along the western boundary of the property. V. PROJECT DESCRIPTION The Balmore Court Single-Family Residential Project consists of proposed Subdivision SD17-9478, Rezoning RZ17-3239, and Preliminary Development Plan DP17-3054. Subdivision SD17-9478: The project site consists of two Assessor’s parcels that comprise one legal lot. The proposed project would create the 33-lot Balmore Court Subdivision out of the legal lot, as shown on the following page and on the Vesting Tentative Map Site Plan in Attachment 1. The Subdivision would include 30 single- family residential parcels, one hillside open space parcel (Parcel A), one storm CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 8 of 47 drainage parcel (Parcel B), and a roadway parcel that provides access to Balmore Court. The residential parcels would range in size from 3,254 sq. ft. to 10,231 sq. ft. with an average size of 4,832 sq. ft. The hillside open space parcel totaling 80,255 sq. ft. (1.84 acres) would be located generally west and northwest of the residential parcels. This parcel would collect storm water flowing downhill on the open space and direct it to a bio-retention area in the northeastern portion of the site. The 15,884 sq. ft. (0.36 acre) storm drainage parcel located in the northeast quadrant of the property would collect storm water from the subdivision in one large bio-retention area that would filter the runoff, al low percolation into the ground, and direct overflow to a City of Pinole storm drain inlet near the northeast corner of the site. The 0.91-acre roadway parcel would accommodate the extension of Balmore Court. Twenty of the 22 residential parcels on the west side of the roadway parcel would be clustered with access to the street provided by five 20-foot wide shared driveways (private roads). Each shared driveway would provide access to four homes. The Site Plan December 21, 2018 Carlson, Barbee & Gibson, Inc. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 9 of 47 remaining two residential parcels on the west side of the street and the eight residential parcels on the east side of the street would have direct access to the street. The storm drainage parcel and the residential parcels on the east side of the street include portions of the restrictive riparian easement that was established pursuant to a grant deed of development rights to the County in 2007 as part of the SD04-8920 Subdivision. The 0.91-acre restrictive riparian easement does not allow development within 25 feet of the intermittent drainage channel along the eastern boundary of the property, and thereby, would buffer project residences from offsite properties to the east. As shown on the Preliminary Grading, Drainage & Utility Plan in Attachment 1, the Balmore Court Subdivision includes storm water drainage facilities that would collect storm runoff in storm drains along the street and in concrete ditches on Parcel A at the edges of the residential development. The runoff would be directed to a bio- retention area located near the northeast corner of the property on Parcel B. As described above, the eight residential parcels on the east side of the street include portions of the restrictive riparian easement. The applicant has requested an exception to the requirements of County Code Section 914-14.012 for the required structure setback for unimproved drainage channels. However the Public Works Department, Engineering Services Division has determined that because there is no definable bed or bank along the riparian easement, a creek structure setback is not necessary. Accordingly, this request for exception is also not necessary. As part of the Subdivision, Balmore Court would be extended onto the roadway parcel. The public portion of Balmore Court is classified as a collector street, per County Code Section 94-4.012. This street serves as the principal entrance street from Allview Avenue to the homes along Balmore Court itself and along Lindell Drive. As a portion of a collector street, the Balmore Court extension is required to have a pavement width of 36 feet curb-to-curb within a 56-foot right-of-way, per County Code Section 98-4.002. The applicant has requested an exception to the requirements for a collector street and has proposed the road extension to be a public street with a pavement width of 32 feet within a 50-foot public right-of-way, with curbs, gutters, and sidewalks. In conjunction with this request for an exception, the applicant has also requested an exception to the requirements for the horizontal curve on a collector street. Pursuant to County Code Section 98-6.016, a collector street is required to have a radius of curvature in the centerline of the street to be at least 200 feet. The applicant has stated that due to the steep slopes on the western and northwestern portions of the property, and the riparian easement along the eastern boundary of the property, the alignment of the Balmore Court extension is CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 10 of 47 limited in its possible location. Consequently, allowing a centerline radius of 75 feet rather than 200 feet would facilitate a street alignment that fits the overall shape and topography of the project site. An approximately 400-foot long section of Balmore Court north of Lin dell Drive is currently a private street. On October 16, 2007, the County Board of Supervisors adopted Resolution No. 2007/588, whereby the County accepted offers of dedication from the six adjoining private property owners along this street section (see roadway offers of dedication in Attachment 8). As part of the current project, the applicant proposes to improve this section of Balmore Court to match the street improvement on the project site and have the improved section become a public street. Similar to the extension of Balmore Court, the improved section of the street will require the exception to the requirements for a collector street. Rezoning RZ17-3239: The proposed Balmore Court Rezoning would change the zoning of the 6.44-acre project site from the R-6 and R-7 Single-Family Residential Districts to a P-1 Planned Unit District, to allow clustering of the single-family homes while setting aside land for hillside open space, storm drainage, and the restrictive riparian easement. The proposed P-1 Rezoning is shown on the Rezoning Map in Attachment 3. Attachment 3 also includes the RZ17-3239 Findings Map and the RZ17-3239 Pre-Ordinance. Approximately ¾ of the 6.44-acre project site is in the R-6 District and approximately ¼ of the southwest portion of the site is in the R-7 District. However, residential development on the project site involves substantial constraints, including slopes of up to 30 percent on the western and northwestern portions of the site. Development of the uphill portions of the site would involve significant grading of the hillside, as well as installation of substantial infrastructure to minimize possible geotechnical issues related to such grading. In addition, the residential project would need to handle project-related increases in storm runoff, and maintain a buffer between project-related development and the restrictive riparian easement. These constraints significantly reduce the buildable portion of the site. The SH General Plan Land Use designation has a density requirement of between the 5.0 and 7.2 residential units per net acre. As discussed in Section III.E (General Information, Previous Applications), the applicant submitted a Lotting Study in March 2017 for Pre-Application Review PR17-0003, for 22 single-family residences on the buildable portions of the site. Staff determined that this proposal could not be approved because it did not meet the General Plan density requirement. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 11 of 47 As currently proposed, the Balmore Court extension would be located on 0.91 acres of the site, and the Balmore Court Subdivision would have 30 residential lots on the remaining 5.53 net acres, with a density of 5.42 residential units per net acre, and therefore, would be consistent with the SH General Plan Land Use density. However, given the 1.84 acres set aside for hillside open space, 0.36 acre set aside for project storm drainage, and the 0.91 acre within the restrictive riparian easement, the residential development would actually occur on 2.42 acres of the 6.44-acre site. Accordingly, the proposed Balmore Court Subdivision does not meet the development standards of the R-6 or R-7 Districts for lot size, lot width, lot depth, setbacks, and yards. As provided for in Section 307 of the General Plan Land Use Element (Land Use Designations), flexibility of development standards can be considered through a Planned Unit District zoning process, provided that the density is consistent with the General Plan designation. The applicant has requested a rezoning to a P-1 Planned Unit District to allow for the clustering of homes, with reduced lot area, lot width, and lot depth requirements, reduced setbacks to a minimum of 10 feet, and reduced yards to a minimum of five feet. With respect to parking, the P-1 District would conform to the two off-street parking spaces requirement of the R-6 and R-7 District, and would add guest parking requirements that are not required for single-family residential uses in the R-6 and R-7 Districts. The standards of Balmore Court Proposed P-1 District are shown on the table on the following page. Attachment 4 includes a zoning comparison between the existing R-6 and R-7 Districts and the proposed P-I District. Preliminary Development Plan DP17-3054: The applicant submitted a Preliminary Development Plan associated with Rezoning RZ17-3239. As shown on the preliminary architectural plans in Attachment 5, there are three basic architectural plans, including two plans for the single-family residences on Lots 1 to 20 that would have vehicular access via shared driveways, and one plan for the single-family residences on Lots 21 to 30 that have direct access onto the street extension. The two plans for the “court homes” on the shared driveways include Plan 1 for the 10 single-family residences that would be adjacent to the Balmore Court extension. The Plan 1 homes would be 2,110 square-foot 4 bedroom 2½ bath two-story homes with 2-car garages. Plan 2 would be for the 10 single-family residences located west of the Plan 1 court homes. The Plan 2 homes would be 2.379 square-foot 3 bedroom 3 bath two-story homes with a den on the first floor, a loft on the second floor, and 2-car garages. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 12 of 47 Balmore Court - Proposed P-1 District Item P-1 District - Lots 1 to 20 P-1 District - Lots 21 to 30 Uses Permitted Uses County Code Section 84-4.402, Uses - Permitted County Code Section 84-4.402, Uses - Permitted Conditionally Permitted Uses County Code Section 84-4.404, Uses - Requiring Land Use Permit County Code Section 84-4.404, Uses - Requiring Land Use Permit Lots Lot Area 3,200 sq. ft. minimum 3,500 sq. ft. minimum Lot Width 40 ft. average width minimum 40 ft. average width minimum Lot Depth 60 ft. minimum 80 ft. minimum Lot Coverage 50 percent (excludes porches) 50 percent (excludes porches and outdoor rooms) Building Height 2½ stories or 35 ft. maximum 2½ stories or 35 ft. maximum Yards Setback 15 ft. minimum to garage 10 ft. minimum to residence minimum to porch N.A. 20 ft. minimum to garage 15 ft. minimum to residence 10 ft. minimum to porch Side Yard 5 ft. minimum 10 ft. aggregate minimum 3ft. minimum for accessory structure with a 50 ft. minimum setback 5 ft. minimum 10 ft. aggregate minimum 3ft. minimum for accessory structure with a 50 ft. minimum setback Rear Yard 5 ft. minimum 3 ft. minimum for accessory structure 10 ft. minimum 3 ft. minimum for accessory structure Other Improvements Fence, wall, and hedge heights, swimming pools, portable buildings, shade structures, projections into yards and courts shall be consistent with the County Ordinance Code Fence, wall, and hedge heights, swimming pools, portable buildings, shade structures, projections into yards and courts shall be consistent with the County Ordinance Code Parking Off-Street Parking 2 parking spaces per lot 2 parking spaces per lot Parking Requirements 9 ft. x 19 ft. minimum, covered, outside of setback and side yard areas 9 ft. x 19 ft. minimum, covered, outside of setback and side yard areas Guest Parking 15 on-street parking spaces 2 parking spaces per lot, on driveways within setback areas Parking of Boats, Recreation Vehicles, Motor Homes Prohibited in setback areas Prohibited in setback areas CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 13 of 47 Plan 3 would be for the 10 single-family residences with direct access onto the Balmore Court extension. The Plan 3 homes would be 2,645 square-foot 4 bedroom 3 bath two-story homes with a bonus room on the second floor and 2-car garages. Each single-family residence would have an integrated 2-car garage. The garage would provide access into the combined kitchen-dining room-great room. As shown on the following two pages, All homes would be offered in three architectural styles, including craftsman, traditional, and French cottage. The homes would have stucco walls with wood siding at select locations and asphalt shingle roofing, and would have earth tone colors. Use of such materials and colors is prevalent in the surrounding neighborhood. As set in the proposed P-1 development standards, the maximum height of the two- story homes would be 35 feet. The building pads for the homes would be located on the site where existing elevations are a maximum of 260 feet. Given that the elevation at the westernmost corner is 300 feet, the maximum height of the new homes would generally be lower than elevations along the western site boundary. As shown on page 15 and on the Parking Summary in Attachment 1, the Balmore Court extension would allow on-street parking on the west side of the street, which would provide a total of 15 on-street guest parking spaces. Space would be available for an additional 20 guest vehicles on the driveway aprons of the 10 homes with direct driveway access to Balmore Court. As part of the Preliminary Development Plan, the applicant has requested approval of a Tree Permit to remove 13 of the 20 protected trees on the project site outside of the restrictive riparian easement to accommodate development on the site. The trees proposed to be removed include a stand of seven redwood trees at the southwest corner of the site, a cluster of four willow and poplar trees near the redwoods, and a poplar tree and a stand of locust trees along the western boundary of the property. Previously, 30 trees were removed on the site under the SD04-8920 Tree Permit; however, none of the 16 trees required to be planted as restitution for the removed trees have been planted. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 14 of 47 CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 15 of 47 Parking Summary February 28, 2019 Carlson, Barbee & Gibson, Inc. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 16 of 47 The applicant has proposed planting 28 trees as replacement for the trees to be removed and to fulfill the tree planting requirements of the SD04 -8920 permit. As shown below on the Preliminary Landscape Tree Plan, which is also included in Attachment 1, 23 trees would be planted along the Balmore Court extension to provide street ambience and character, and five trees would be planted at the western end of the shared driveways to soften views of the Subdivision from offsite locations to the west. The overall tree planting ratio across the current SD17-9478 Subdivision and the SD04-8920 Subdivision would be 65 percent (28 trees to be planted for 43 removed). This ratio is higher than the 53 percent ratio for the previous SD04-8920 project (16 trees to be planted for 30 removed). Construction of the Balmore Court Single-Family Residential Project would be staged. The applicant anticipates the initial state to consist of grading, installation of underground utilities, and construction of the Balmore Court extension and the upgrade of the offsite private section of Balmore Court to public street sta ndards. Upon completion of the street, the initial set of single-family residences would be constructed, on Lots 1-4, 29, and 30. The Lots are shown on the Vesting Tentative CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 17 of 47 Map Site Plan shown on page 8 and in Attachment 1. The initial set of residences include homes built to each of the three architectural plans. The applicant proposes to move the construction gate down the street as additional homes are built, sold, and occupied, in order to delineate between completed homes and homes under construction, and to provide a safe and visually appealing streetscape. VI. AGENCY COMMENTS An Agency Comment packet was sent on December 1, 2017 to a number of public agencies, including the Building Inspection Division, the Housing and Community Improvement Division, the Environmental Health Division of the Health Services Department, the Engineering Services Division of the Public Works Department, the Contra Costa County Flood Control and Water Conservation District, the Contra Costa County Fire Protection District, the West County Wastewater District, the East Bay Municipal Utility District, the City of Pinole, the West Contra Costa Unified School District, Contra Costa Local Agency Formation Commission, the El Sobrante Municipal Advisory Council, the Contra Costa Mosquito & Vector Control District, the California Historical Resources Information System, and the California Department of Fish and Wildlife, and a community organization, the El Sobrante Valley Planning and Zoning Advisory Committee. Comments received by staff are included in Attachment 6. Following are summaries of the comments on the Balmore Court Single-Family Residential Project and staff responses to the comments. A. Building Inspection Division: On December 8, 2017, the Building Inspection Division returned the Agency Comment Request form with no comment. An Advisory Note is included in the Conditions of Approval and Advisory Notes whereby the applicant is required to submit building plans to the Building Inspection Division and to comply with Division requirements. B. Contra Costa Mosquito and Vector Control District: On December 8, 2017, the Mosquito and Vector Control District submitted a letter stating that measures should be employed to prevent the creation or maintenance of a public nuisance. An Advisory Note is included in the Conditions of Approval and Advisory Notes whereby the applicant is responsible for contacting the Contra Costa Mosquito and Vector Control District regarding the District’s requirements and permits. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 18 of 47 C. Contra Costa County Fire Protection District: On December 12, 2017, the Fire Protection District submitted a letter stating that the Balmore Court Extension shall be marked as a fire lane with no parking on one side of the street, the shared driveways be marked as fire lanes with no parking on both sides of the driveways, and that the Balmore Court turnaround be marked as a fire lane with no parking along the turnaround. The District also stated that two fire hydrants of an approved type be located at District-approved locations, that site improvement plans are subject to review and approval by the District , and roadway improvements and hydrants are to be inspected by the District. An Advisory Note is included in the Conditions of Approval and Advisory Notes whereby the applicant is required to submit development plans to the Fire Protection District and comply with District requirements, and that plans submitted for a building permit must receive prior approval and be stamped by the District. D. El Sobrante Valley Planning and Zoning Advisory Committee: The Advisory Committee submitted an email on December 14, 2017, with a number of comments and questions on the proposed project. Staff sent an email response to the community organization on December 15, 2017 that staff would look into the items, and referred the information request to the applicant. E. East Bay Municipal Utility District: The Utility District submitted a memorandum on December 18, 2017, stating that separate meters for each lot would be required and that the applicant should contact the District requesting a water service estimate, that no water meters are allowed to be located in driveways, and that water efficiency measures are required. The District also submitted a letter on January 2, 2019, with comments on the draft MND, including water service, a District right-of-way near the southeastern boundary of the project site, minimization of landslide impacts on water main extensions on the site, and incorporation of water conservation measures. The Final MND in Attachment 10 includes this letter along with responses to the District comments. An Advisory Note is included in the Conditions of Approval and Advisory Notes whereby the applicant must comply with the requirements of the Utility District. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 19 of 47 F. West County Wastewater District: On December 18, 2017, the Wastewater District submitted a letter stating that wastewater service is available for the proposed project, the plot plan and construction plans must be reviewed and approved by the District; and District fees would need to be paid. An Advisory Note is included in the Conditions of Approval and Advisory Notes whereby the applicant must comply with the requirements of the Wastewater District, and building plans must receive prior approval and be stamped by the District. G. Northwest Information Center of the California Historical Resources Information System: Northwest Information Center submitted a letter on December 19, 2017 stating that a 2004 archaeological resources study of the project site identified no cultural resources, and therefore, no further study is recommended. The Center recommended that local Native American tribes be contacted regarding Native American resources, and that any existing structures 45 years or older be evaluated for potential historic value. As discussed in Section III.D (General Information, Tribal Cultural Resources), a Notice of Opportunity to Request Consultation was sent to the Wilton Rancheria, the one California Native American tribe that has requested notification of proposed projects in the County. To date, no response has been received from the Wilton Rancheria. As discussed in Section IV (Site/Area Description), there are no structures on the project site. The Northwest Information Center also submitted a letter on December 19, 2018, commenting on the draft MND, repeating the comments in the December 2017 letter, and adding a recommendation in the event archaeological resources are encountered during construction. The Final MND in Attachment 10 includes this letter along with responses to the Northwest Information Center comments. As discussed in the Final MND, the Cultural Resources 1 mitigation measure incorporates the Center’s recommendation. H. City of Pinole: The Agency Comment Request packet was routed to the City of Pinole on December 1, 2017. To date, no comments from the City have been received. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 20 of 47 I. West Contra Costa Unified School District: The Agency Comment Request packet was routed to the School District on December 1, 2017. To date, no comments from the School District have been received. J. Contra Costa Local Agency Formation Commission (LAFCO): The Agency Comment Request packet was routed to the Contra Costa LAFCO on December 1, 2017. LAFCO has not submitted any comment in response to the Agency Comment Request; however, the agency submitted an email on January 2, 2019, commenting on the draft MND, stating that the project will not need LAFCO approval. This email is included in the Final MND in Attachment 10. K. California Department of Fish and Wildlife: The Agency Comment Request packet was routed to the Department of Fish and Wildlife on December 1, 2017. To date, no comments from the Department have been received. On December 12, 2018, a copy of the draft MND was sent to the Department. The Department has not submitted any comments on the draft MND. L. Contra Costa County Health Services Department, Environmental Health Division: The Environmental Health Division submitted a letter on January 4, 2018, stating that: a permit was required for any well or soil boring, abandoned wells and septic tanks must be destroyed under a permit from the Division; a permit is required for public swimming pools and spas, and approved restrooms are required for swimming pools and spas. The Division also stated applicable requirements for the handling of construction and demolition materials. An Advisory Note is included in the Conditions of Approval and Advisory Notes whereby the applicant is responsible for contacting the Environmental Health division regarding its requirements and permits. M. El Sobrante Municipal Advisory Council: The El Sobrante Municipal Advisory Council (MAC) submitted an email on January 14, 2018, stating that the MAC did not recommend approval of the proposed project. The MAC listed 12 points of concern about the proposed project. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 21 of 47 Following are the 12 points of concern and staff responses: Point 1. The map shows 30 homes on a dead end cul-de-sac. According to the following ordinance only 16 homes are allowed on a dead end Cul-de- sac. 92-4.018 - Cul-de-sac. "Cul-de-sac" is a street which connects to another street only at one end, and serves sixteen dwelling units or less, with a maximum length of seven hundred feet. Staff Response: The proposed extension of Balmore Court is a collector street, per the definition in County Code Section 92-4.012. 92-4.012 - Collector street. "Collector street" is any street within a subdivision or adjacent thereto which, because of its location with reference to other streets or other sources of traffic, carries or will carry traffic from minor streets to the major system of arterial streets; and includes the principal entrance streets for residential developments and streets for circulation of traffic within such developments and serves, or will serve, twenty-four or more dwelling units. Point 2. Two much traffic for the narrow streets of Balmore, Allview and Appian Way in addition to streets leading to and from Juan Crespi School, Elementary schools and work locations... The 30 homes proposed according to the ordinance below would generate 600 or more peak hour trips. Too many trips for these narrow streets with no sidewalks. Ordinance 78-5. Subdivisions of five or more lots estimated to gener ate one hundred or more peak hour trips. The current location of local narrow streets could not handle the increase. Staff Response: Implementation Measure 4-c of the General Plan Growth Management Element requires a “traffic impact analysis for any project which is estimated to generate 100 or more AM or PM peak-hour trips based on the trip generation rates as presented in the Institute of Transportation Engineers (ITE) Trip Generation, 6th edition, 1997, or the most current published edition.” CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 22 of 47 Although the proposed project was estimated to generate less than 100 peak- hour trips, staff contracted with TJKM, the transportation consultants on retainer with the Department to prepare a traffic study for the proposed project. As reported in the draft MND, TJKM estimated that the proposed project would generate 22 AM peak hour vehicle trips and 30 PM peak hour trips. This estimate is consistent with the ITE peak period trip generation rate of 0.99 trips per dwelling unit for single-family residences. Also as discussed in the draft MND, project traffic would not result in significant impacts at intersections closest to the project site, at either the Balmore Court/Allview Avenue intersection or the Balmore Court/Lindell Drive intersection. As shown in the MND table below, with the project, the Balmore Court/Allview Avenue intersection would be at Level of Service B, and the Balmore Court /Lindell Drive intersection would be at Level of Service A. Point 3. The packet contained a page of a layout of 44 homes for a previously proposed subdivision that was in around 2005. According to neighbors of Balmore, the project was reduced to 24 homes before and was never acted upon. Why wasn't the 24 home layout included instead of the 44 home layout? Staff Response: The proposed Balmore Court Single-Family Residential Project includes 30 single-family residences on 30 residential lots, a hillside open space parcel, a storm drainage parcel, and a roadway parcel that would be dedicated to the County as a public street extension of Balmore Court. As discussed previously, the proposed project would have a density of 5.42 units per net acre, which is within the 5.0 to 7.2 single-family units per net acre allowed in the SH, Single-Family Residential-High Density, General Plan Land CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 23 of 47 Use designation. If the project were to be reduced to 24 single-family residences, the resultant density would be 4.34 units per net acre. This reduced project could not be approved as it would not meet the minimum SH General Plan density. Point 4. No sidewalks included even though students may be walking to school. Staff Response: As described in Section V (Project Description), the proposed Balmore Court Single-Family Residential Project includes sidewalks. Sidewalks would also be included along the improved portion of Balmore Court between Lindell Drive and the project site. Point 5. In case of fire there is no other way out of the project. Staff Response: The MAC is correct in pointing out that ingress to and egress from the project site would be via Balmore Court, which is the collector street for both Balmore Court and Lindell Drive; however, this condition is similar to all other properties located along Balmore Court and Lindell Drive. As described in Section IV (Site/Area Description), single-family residences border the project site to the south and west. Commercial properties are east of the site, beyond the restrictive riparian easement along the eastern boundary of the site. The Pinole Vista shopping center along Fitzgerald Drive borders the project site to the north. Thus, there is no other public access to the site. As described in Section V (Project Description), the proposed project would extend Balmore Court onto the project site and improve the existing private street portion of the street. With the project, Balmore Court north of Lindell Drive would be a 32-foot wide paved roadway within a 50-foot wide right-of- way and would meet the Fire Code requirement for a 20-foot wide clear travel path with parking on one side of the street. The Balmore Court extension on the project site would also be a 32-foot paved roadway within a 50-foot wide right-of-way Thus, the proposed project would improve Balmore Court such that there would not be any impairment for emergency ingress or egress along Balmore Court. The Contra Costa Fire Department has commented on the project and has required provision of fire hydrants and residential fire sprinklers in addition to the Fire Code-compliance access road. In addition, Condition of Approval #12 is included in the Conditions of Approval and CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 24 of 47 Advisory Notes requiring a Vegetation Management Plan for open space Parcel A, storm drainage Parcel B, and the restrictive riparian easement. The Plan is intended to address wildfire risks of the undeveloped areas on the project site and is subject to review and approval by the CCD. Point 6. No tot lot or playgrounds included for the children. Staff Response: As discussed in the draft MND, the proposed project would be subject to the General Plan Land Use Element Policies for the El Sobrante Area, which cites the relative lack of sufficient recreation space in the area, and requires new development to collaborate on increasing recreational opportunities for area residents. Accordingly, the draft MND includes a mitigation measure that is included in the Conditions of Approval and Advisory Notes as Condition of Approval #42 that requires the applicant to provide an area on the project site for recreational facilities or contribute a fair share to nearby recreational facilities. As proposed, the subdivision includes a hillside open space parcel totaling 80,255 sq. ft. and a storm drainage parcel totaling 15,884 sq. ft. Inclusion of a tot lot, playground, or other recreational facility on a portion of either parcel could be used to meet this requirement. Point 7. No mitigation for the removal of trees. Staff Response: As described in Section V (Project Description), the applicant has requested approval of a Tree Permit to remove 13 of the 20 protected trees on the project site outside of the restrictive riparian easement to accommodate subdivision development. The applicant has submitted a Preliminary Landscape Tree Plan (shown above), which includes the planting of 28 trees. The trees to be planted include the 16 trees that were required to be planted under previously approved Subdivision SD04-8920. The Conditions of Approval and Advisory Notes includes Condition of Approval #24 that requires the submittal of a final landscaping and irrigation plan that includes the 28 trees for CDD review and approval. Also, the irrigation plan must be compliant with the State Model Water Efficient Landscape Ordinance. Point 8. No homeowners association proposed. Staff Response: Submittal of Conditions, Covenants and Restrictions, Articles of Incorporation, and By-Laws for a mandatory homeowners association is CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 25 of 47 included as Condition of Approval #10 in the Conditions of Approval and Advisory Notes. The documents provide for maintenance of open space Parcel A, storm drainage Parcel B, drainage facilities, shared driveways, landscaping easements, and the restrictive riparian easement, as well as for implementation of the Vegetation Management Plan required per Condition of Approval #12. The trees planted per the Balmore Court Landscape Tree Plan would be located either on Parcel A, Parcel B, or within landscaping easements that would be established per Condition of Approval #25 in the Conditions of Approval and Advisory Notes. Point 9. No plan for the maintenance of the area that is undeveloped which according to the plan is a considerable amount of space and how would you get equipment in to maintain the area?. Staff Response: As discussed above, maintenance of open space areas would be included in the CC&Rs of the subdivision. As shown on the Preliminary Grading, Drainage & Utility Plan in Attachment 1, a maintenance roadway traverses the open space parcel and provides access to the bio -retention basin in the storm drainage parcel. Point 10. The configuration shows folks in each section having cars passing their home on the sides for pedestrians and cars to have access to the units in back. Staff Response: As discussed in Section V (Project Description) and shown on the preliminary architectural plans in Attachment 5, the 20 court homes on the shared driveways would be of two different architectural plans. The 10 Plan 1 homes that that would be adjacent to the Balmore Court extension have entries facing Balmore Court and may have pedestrian paths from the street to the entry that are separate from the shared driveway. The 10 Plan 2 homes that would be located west of the Plan 1 homes have entries that provide direct access from the shared driveway. The Conditions of Approval and Advisory Notes includes Condition of Approval #20 that requires CDD evaluation of the relation of the vehicular and pedestrian paths to the final design and orientation of the court homes at the time the Final Development Plan is submitted. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 26 of 47 Point 11. Parking is non existing for visitors or commercial access. Staff Response: As discussed in Section V (Project Description), a total of 15 on-street guest parking spaces would be provided on the west side of the Balmore Court extension. An additional 20 guest vehicles would be accommodated on the driveway aprons of the 10 homes with direct driveway access to Balmore Court. Point 12. No Negative Declaration or EIR is proposed in the initial packet although I understand from Tom Owens ESVP&ZAC Chair that you are now proposing a Negative Dec. Staff Response: A negative declaration or EIR is never part of the initial application packet, as it is the lead agency that determines whether the California Environmental Quality Act applies to a proposed project or if the project qualifies for an exception from CEQA. For this project, CDD published a draft MND on December 12, 2018. A Notice of Public Review and Intent to Adopt a Proposed Mitigated Negative Declaration was mailed and emailed on December 12, 2018 to public agencies, adjacent property owners, and interested parties that submitted comments to the CDD prior to publication of the draft MND, including the El Sobrante MAC. The MAC also submitted a letter on January 14, 2019, commenting on the draft MND, including project access, traffic impact, parking, commun ity park, replacement trees, roadway dedication, inappropriate rezoning, the MND comment period, and the availability of the MND. The Final MND in Attachment 10 includes this letter along with responses to the MAC comments. In addition, the MAC submitted an email on February 25, 2019 that was not in response to the Agency Comment Request. This email is included in Attachment 7 and discussed in Section VII (Public Comments). N. Contra Costa County Flood Control and Water Conservation District : On December 21, 2017, the Flood Control District returned the Agency Comment Request form with no comment. On January 23, 2019, the Flood Control District submitted a letter stating that the application was incomplete as the applicant has not demonstrated discharge into an adequate storm drain system, that the detention basin shown on the Vesting CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 27 of 47 Tentative Map be designed for 100-year peak flows, and that the project is located in Drainage Area 111, which has no drainage area fees. This issue is addressed in Section VI.O below. O. Contra Costa County Public Works Department, Engineering Services Division: 666666The Engineering Services Division submitted a letter on January 4, 2018, stating that the subdivision application was incomplete and that the applicant needed to provide information on the adequacy of the downstream drainage infrastructure, an adequate Stormwater Control Plan, and submit requests for exceptions from the County Code subdivision requirements, if applicable. On January 28, 2019, the Engineering Services Division submitted a letter, commenting that the Stormwater Control Plan generally complies with County requirements, but that the off-site reconstruction of drainage infrastructure be included in the Plan. The Division also commented that the proposed roadway may require exceptions from some of the requirements of the County Code related to the pavement width and right-of-way width of a collector street, and horizontal curve standards for a collector street. In response, the applicant has submitted requests for exceptions from County Code Section 98-4.002 for the pavement and right-of-way widths, and from County Code Section 98-6.016 for the horizontal curve. The Engineering Services Division submitted a letter on April 8, 2017, describing the regulatory programs that applied to the project site and included a number of conditions of approval and advisory notes to be applied to the proposed project. The Division recommended approval of the requests for exceptions to County Code Sections 98-4.002 and 98-6.016. The Division also included requirements for drainage improvements and stormwater management in the Public Works conditions of approval. The April 8, 2019 Engineering Services Division conditions of approval and advisory notes are incorporated in the Conditions of Approval and the Advisory Notes. P. Housing and Community Improvement Division: On December 26, 2017, the Housing Division returned the Agency Comment Request form with a comment that the project is subject to the Inclusionary Housing Ordinance and an Inclusionary Housing Plan is required to be submitted to the Division for review and approval. In response, the applicant submitted an Inclusionary Housing Plan. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 28 of 47 On November 2, 2018, the Housing Division submitted an email stating that the applicant’s Inclusionary Housing Plan proposal to pay an in -lieu fee instead of constructing the required 4.5 affordable housing units was acceptable and that the Division would forward its Conditions of Approval. On May 14, 2019, the Housing Division submitted an email transmitting its findings and conditions of approval. The Division’s findings are included in the findings herein, and its conditions of approval are incorporated in the Conditions of Approval and Advisory Notes. VII. PUBLIC COMMENTS In addition to Agency Comments in Section VI above, staff received a number of public comments. These comments are included in Attachment 7. Following are summaries of the public comments on the Balmore Court Single-Family Residential Project and staff responses to the comments. A. Xina Ash: On January 11, 2018, staff received an email asking about the environmental review of the proposed project. Staff responded with an email reply on January 16, 2018, that staff will be preparing an MND on the proposed project and that the commenter would be provided notice when the MND is published. B. Andre Larouche: On January 12, 2018, staff received an email expressing support for the proposed project. Staff acknowledged the email in a reply on January 16, 2018. C. Renee Gulatto: On February 5, 2018, staff received a voice message in which the commenter expressed concerns about traffic on Balmore Court. Staff called the commenter on February 13, 2018 and left a voice message stating that staff was responding to the phone call and that staff will be preparing an MND on the proposed project. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 29 of 47 D. Julie Haselden: On February 8, 2018, staff received an email that included concerns about project access, traffic safety, increased traffic, and funding for the maintenance of the new streets and street lighting. Staff responded with an email reply on February 12, 2018, that staff will be preparing an MND on the proposed project and that the commenter would be provided notice when the MND is published. E. Linda Cain: On February 10, 2018, staff received an email that included concerns about sloping land, the number of homes proposed, increased traffic, project access and safety, and decreased property values. Staff responded with an email reply on February 13, 2018, that staff will be preparing an MND on the proposed project and that the commenter would be provided notice when the MND is published. F. Ben Zarrin: On February 21, 2018, staff received an email inquiring about the process for subdividing a lot and asking about how the proposed Balmore Court project would impact their lot. Staff responded with an email reply on February 21, 2018, briefly describing the subdivision and offering to meet with the commenter when his potential development was ready to proceed. Staff also described the proposed project, and stated that staff will be preparing an MND on the proposed project and that the commenter would be provided notice when the MND is published. G. Steve Johnson: On March 5, 2018, staff received an email that included concerns about traffic conditions on Balmore Court, low income housing, and overcrowding. Staff responded with an email reply on March 6, 2918, that staff will be preparing an MND on the proposed project and that the commenter would be provided notice when the MND is published. H. Chris Tolentino: On March 11, 2018, staff received an email that included concerns about parking, the number of proposed houses, traffic safety, and emergency access. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 30 of 47 Staff responded with an email reply on March 12, 2018, that staff will be preparing an MND on the proposed project and that the commenter would be provided notice when the MND is published. I. Carole Strauss: On January 25, 2019, staff received an email that thanked staff for sending a copy of the draft MND. The email included concerns about project access, traffic safety, increased traffic, and the status of the currently private section of Balmore Court as a public street or a private street. Staff acknowledged the email in a reply on January 28, 2018. The draft MND addresses the concerns raised by the commenter. The commenter had previously submitted a letter on January 10, 2019, during the December 12, 2018 to January 14, 2019 public review period for the draft MND, commenting on increased traffic, parking, improvement of the private section of Balmore Court, retention of neighborhood character, and the seven redwood trees that the applicant proposes to remove. The commenter also requested a copy of the draft MND. Staff sent the commenter a copy of the draft MND on January 16, 2019. The Final MND in Attachment 10 includes the commenter’s January 10, 2019 letter along with responses to the comments therein. J. Carole Strauss: On January 27, 2019, staff received an email commenting on the redwood trees, that one of the trees was not on the project site. Staff acknowledged the email in a reply on January 28, 2018, stating that the comment about the tree not on the project site would be forwarded to the applicant. The seven redwood trees were included in the Tree Survey submitted for the SD04-8920 Subdivision on April 7, 2005. As shown on the Tree Survey map, all of the redwood trees are located on the project site. The applicant has subsequently confirmed the redwood tree locations. K. El Sobrante Municipal Advisory Council: The MAC submitted an email on February 25, 2019, after the end of the public review period for the draft MND on January 14, 2019. In the February 2019 letter, the MAC stated that it opposes the draft MND and that the environmental document did not address the points of concern expressed in the January 2018 MAC letter. The email included a list of 6 concerns about the proposed project. The January 2018 letter, its points of concern, and staff responses to the concerns are included in Section VI.M (Agency Comments, El Sobrante Municipal Advisory CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 31 of 47 Council). Following are the 6 concerns included in the February 2019 email and staff responses: Balmore Court project vicinity Source: Google Maps, accessed February 21, 2019 Concern 1. The lack of a secondary egress with the large increase in housing presents a potential serious fire and safety hazard for the present and future residents of Balmore court and Lindell Drive (both substandard roads). The county web site still shows a “planned” route that exits to the parking lot of the Pinole shopping center on Fitzgerald drive and we wonder why this isn’t being included for this new proposal and why it was dropped from previous proposals. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 32 of 47 Staff Response: As described in Section IV (Site/Area Description) and shown above on the aerial photo of the Balmore Court project vicinity, the site is bordered by the restrictive riparian easement to the east, the Pinole Vista shopping center to the north, and single-family residential lots along Lindell Drive and Balmore Court to the west. Thus, other than Balmore Court, there is no available public access to the project site. As discussed in the draft MND, the proposed project would extend Balmore Court onto the project site and improve the existing private street portion of the street. With the project, Balmore Court north of Lindell Dr ive would be a 32-foot wide paved roadway within a 50-foot wide right-of-way and would meet the Fire Code requirement for a 20-foot wide clear travel path with parking on one side of the street. The proposed project would improve Balmore Court such that there would not be any impairment for emergency ingress or egress. The Contra Costa Fire Department has commented on the project and has required provision of fire hydrants and residential fire sprinklers in addition to the Fire Code-compliance access road. As discussed in Section VI.M (Agency Comments, El Sobrante Municipal Advisory Council), Condition of Approval #12 is included in the Conditions of Approval and Advisory Notes requiring a Vegetation Management Plan for open space Parcel A, storm drainage Parcel B, and the restrictive riparian easement that would minimize wildfire risks on the project site. Regarding a route through the site that is shown on CCMAP (see following page), CDD staff has asked Public Works staff why the route is shown. Public Works staff looked into this and did not find any roadway dedications on the project site for the route. Concern 2. The increased traffic on Allview, an already heavily impacted substandard road leading to Juan Crespi Middle School, and which exits onto Appian Way which is already a clogged arterial road during commute hours. Current residents of Allview are wondering what can be done to moderate the traffic even before this proposed increase in housing. Staff Response: As discussed in Section VI.M (Agency Comments, El Sobrante Municipal Advisory Council), staff contracted with TJKM, the transportation consultants on retainer with the Department to prepare a traffic study for the CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 33 of 47 proposed project. As reported in the draft MND, project traffic would not result in significant impacts at either the Balmore Court/Allview Avenue intersection or the Balmore Court /Lindell Drive intersection. Moreover, existing conditions, as observed by TJKM show traffic on Allview Avenue at Balmore Court to be at Level of Service B in the morning and Level of Service A in the evening. (Level of service reflects the relative ease of traffic flow on a scale of A to F.) Roadways shown on CCMAP in the Balmore Court project vicinity Source: CCMAP, accessed August 14, 2019 Concern 3. The lack of assurance that the private road part of Balmore Court will become a public road and that the current residents ceded an easement with the understanding that with this improvement the county would actually CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 34 of 47 guarantee acceptance as a public road, potentially leaving them with increased (liability?) costs for maintaining the “improved roadway”. Staff Response: As discussed in Section V (Project Description), Balmore Court north of Lindell Drive would be a 32-foot wide paved public roadway within a 50-foot wide right-of-way with the proposed project. A collector street would normally be a 36-foot-wide paved roadway within a 56-foot-wide right-of-way; however, the applicant has requested an exception from the County Code requirements. As discussed in Section IX.C (Staff Analysis, Circulation) findings can be made to support this request for an exception. Concern 4. Lack of appropriate parking within the project unrelated to street parking (which would be imposed on the current residents). Staff Response: The R-6 and R-7 Single-Family Residential Districts require each single-family residence to have two off-street parking spaces on the same lot, pursuant to County Code Section 84-4.1202; however, no guest parking is required. The proposed project would include two garage parking spaces for each single-family residence, and thereby, would be consistent with the R-6 and R-7 parking requirements. The proposed Balmore Court P-1 Planned Unit District would also require guest parking. As discussed in Section V (Project Description), the proposed project would include 15 on-street parking spaces and 20 off-street parking spaces on the driveway aprons of the 10 homes with direct driveway access to Balmore Court. The guest parking provided in the proposed project, while not normally required in a single-family residential district, would be considered to be adequate per the multiple-family residence requirements of the County Code. If the proposed project were to consist of multiple-family residences instead of single-family residences, pursuant to County Code Section 84-26.1202(a)(2), the project would be required to provide 8 guest parking spaces, which may be either on-street or off-street parking spaces. Concern 5. A guarantee that the proposed replacement trees will be planted prior to issuing any cutting permits on any more existing trees. Previous approved development plans removed trees before replacement and then failed to plant the replacements. There has been a plea to attempt to save the 6(?) large redwood trees on the property. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 35 of 47 Staff Response: Tree permits allow tree removal with the issuance of a grading or building permit, so that grading or construction occurs at one time to minimize construction-related disruption of the neighborhood, rather than requiring construction activity to be stretched out over a period of many months. Trees would be removed as necessary to accommodate grading and construction activity. Further, replacement trees would be planted after the grading is complete and much of the residential and infrastructure construction is complete. That way the trees, once planted, would not be disturbed by ongoing construction activity and would not need to be uprooted and/or replaced. The six redwood trees referenced by the MAC are located at the southern corner of the project site and would affect construction on Lots 1 and 2 of the proposed subdivision. Concern 6. Finally we were asked to comment on a proposed negative declaration without actually being given the final document. Staff Response: Staff mailed and emailed copies of the Notice of Public Review and Intent to Adopt a Proposed Mitigated Negative Declaration on December 12, 2018 to public agencies, including the El Sobrante MAC, as well as to adjacent property owners and interested parties who submitted comments to DCD prior to publication of the draft MND. The Notice, which is included in Attachment 9, states that “[t]the period for accepting comments on the adequacy of the environmental document will extend to 5:00 p.m., Monday, January 14, 2019.” The Notice does not ask for comments from the MAC. The Notice also states that a copy of the MND and all documents referenced therein may be reviewed at DCD at 30 Muir Road in Martinez. The commenter sent staff an email on December 12, 2018 stating that he had received the Notice and requested a copy of the draft MND. Staff sent the commenter a pdf copy of the draft MND on December 12, 2018. VIII. ENVIRONMENTAL REVIEW Staff conducted an Initial Study assessment of potentially significant adverse environmental impacts that could result from the proposed Balmore Court Single- Family Residential Project. Staff determined that although the proposed project CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 36 of 47 could have potentially significant adverse environmental impacts, with implementation of mitigation measures that have been agreed to by the applicant, the project would not result in significant environmental impacts. The identified significant impacts include:  Construction period air quality and odors;  Construction effects on nesting raptors and passerine birds;  Accidental discovery of buried archaeological and paleontological resources, and human remains;  Geotechnical risks of soil erosion;  Geotechnical and hydrological risks of potential landslides and of expansive soil;  Grading or construction prior to obtaining coverage under the State Water Resources Control Board’s General Permit;  Maintenance of the bio-retention area;  Construction of a recreational facility on the site;  Noise levels on the northern portion of the site due to traffic on Interstate 80;  Construction period noise and vibration; and,  Potential adverse impacts on Native American cultural resources. A draft MND, SCH 2018122029, was prepared and published for the proposed project. The draft MND is included as Attachment 9. The public review period for the draft MND started on December 12, 2018 and ended on January 14, 2019. A Final MND has been prepared that includes the written comments received on the draft MND, responses to the comments received, and two staff-initiated text changes, including two minor changes to correct typographical errors. The text changes are not the result of any new significant adverse environmental impact, do not alter the effectiveness of any mitigation included in the pertinent section, and do not alter any findings in the section. The Final MND is included herein as Attachment 10. Written comments from six commenters were received during the public review period for the draft MND, including letters and emails from (1) the California Historic Resource Information System, (2) the East Bay Municipal Utility District, (3) the Contra CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 37 of 47 Costa Local Agency Formation Commission, (4) Marjorie Pene (5) Carole Strauss, and (6) the El Sobrante MAC. The written comments have been coded by commenter and the commenter’s numbered comment, as shown in Attachment A of the Final MND. The comments are related to the project description, California Native American tribes, aesthetics, biological resources, cultural resources, geology and soils, hazards and hazardous materials, land use and planning, public services, recreation, transportation and traffic, tribal cultural resources, utilities and service systems, and other comments. Neither the comments nor the staff responses to the comments result in any substantial changes to the draft MND, and the impacts, mitigation measures, and findings of the MND are unchanged. Pursuant to CEQA Section 15097, a Mitigation Monitoring Program has been prepared, based on the identified significant impacts and mitigation measures in the MND. The Mitigation Monitoring Program is intended to ensure that the mitigation measures identified in the MND are implemented. The Mitigation Monitoring Program is included in Attachment 11 herein. All mitigation measures are included in the Conditions of Approval and Advisory Notes. IX. STAFF ANALYSIS A. General Plan Consistency: The proposed Balmore Court Single-Family Residential Project is consistent with the General Plan, as discussed below. Land Use Element: The project site is in the SH, Single-Family Residential-High Density, General Plan Land Use designation. This designation allows between 5.0 and 7.2 single-family units per net acre. Subdivision SD17-9478, as proposed, includes 30 units on 5.53 net acres (6.44 gross acres - 0.91 acre for the roadway parcel), for a density of 5.42 units per net acre. Thus, the proposed project would be consistent with the SH General Plan designation. The application is subject to the “Policies for the El Sobrante Area”, Policies 3 -165 through 3-187 of the Land Use Element. The proposed Balmore Court Single- Family Residential Project would be consistent with many of these policies. Three of the policies are highlighted below. Policy 3-165(a): Change should be harmonized to enhance El Sobrante’s unique semi-rural/suburban character and to preserve its scenic environment. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 38 of 47 Policy 3-165(b): Growth and economic development should be targeted in a manner to preserve open space and agricultural land, to meet community needs, to help revitalize the commercial core, and generally to enhance the quality of life of area re1sidents. Policy 3-182: This Plan calls for residential development to be directed primarily to areas where infilling of previously “passed over” property can occur, as well as to a limited number of larger parcels of un developed acreage… The proposed project would be consistent with these policies, because it is a “conservation subdivision” on the site of the previously approved SD04 -8920 single-family residential subdivision that was never built. As defined by the American Planning Association (PAS QuickNotes No. 81, August 2019, Conservation Subdivision Design), a conservation subdivision is a residential subdivision with at least half of its potentially buildable area set aside as permanently protected open space, which provides potential wildlife habitat, filters and retains stormwater runoff, requires less new infrastructure, and better maintains a “rural” sense of place. The conservation subdivision encourages the preservation of open space areas without reducing residential densities. The proposed project qualifies as a conservation subdivision, because its 30 single- family residences would be located on 2.42 2.24 of its 5.53 buildable acres, and while the 1.84 acres open space Parcel A, 0.36 acre storm drainage Parcel B, and 0.91 acre restrictive riparian easement would be permanently protected open space. The restrictive riparian easement was established pursuant to a grant deed of development rights to the County in 2007. Condition of Approval #11 that is included in the Conditions of Approval and Advisory Notes requires a conservation easement on Parcel A and Parcel B to ensure the permanency of the open space, while allowing for storm drainage infrastructure. As disclosed in the draft MND, the proposed project is potentially inconsistent with the following policy, because, as proposed, the project does not include construction of any recreational facility on the site. Policy 3-175: The El Sobrante community values healthy living and places great value on local opportunities for outdoor recreation. According to the 2001 El Sobrante Valley Parks Study, the community lacks sufficient park and recreation space to adequately serve area residents…New development projects will be evaluated in terms of the contribution to public recreation and CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 39 of 47 their support of parks and open space. Developers will be encouraged to collaborate on the development of parks and open space in order to optimize recreational opportunities for area residents. The draft MND includes Mitigation Measure Recreation 1 to address this potentially significant impact on General Plan policies for recreational facilities in the El Sobrante area. Recreation 1: At the time of application for a grading permit, the applicant shall provide an area on the project site for recreational facilities or contribute a fair share to nearby recreational facilities. As proposed, the subdivision includes a 77,697 sq. ft. open space parcel and a 15,884 sq. ft. storm drainage parcel. Inclusion of a tot lot, playground, or other recreational facility on a portion of either parcel could be used to meet this requirement. CDD and Public Works staff shall review the onsite recreational facility for compliance with the County C.3 requirements to ensure that the impact o f the onsite recreational facility on storm water drainage would be less than significant. The onsite recreational facility shall be included on all construction drawings. This mitigation measure is included in the Conditions of Approval and Advisory Notes as Condition of Approval #42. As conditioned, the proposed project would be consistent with Policy 3-175. Housing Element: The project is also consistent with the following General Plan Housing Element goals and policy. Goal 1: Maintain and improve the quality of the existing housing stock and residential neighborhoods in Contra Costa County. Goal 6: Provide adequate sites through appropriate land use and zoning designations to accommodate the County’s share of regional housing needs. Policy 6.1: Maintain an up-to-date site inventory that details the amount, type, and size of vacant and underutilized parcels, and assist developers in identifying land suitable for residential development The Housing Element complies with California Government Code S ection 65863 that calls for each local jurisdiction to maintain an inventory of sites necessary to CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 40 of 47 meet its share of regional housing needs. The project site is listed in the housing site inventory that is maintained by the Housing and Community Improvement Division, as a site suitable for residential development. As discussed above, the site is the location of the previously approved SD04-8920 single-family residential subdivision that was never built. The current Balmore Court project includes 30 market-rate (above-moderate) units, which exceeds the projected housing estimate for the site. However, the site is located within the Single-Family Residential-High Density General Plan Land Use designation, which allows for 5 to 7.2 residential units per net acre. The project would provide 5.42 units per net acre, which is within the permitted density range for this land use designation. According to Housing Division staff, the County has already exceeded the number of above-moderate units identified by the Association of Bay Area Governments in its regional housing needs allocation, and therefore, the project will add to the surplus of units in this category. Noise Element: The General Plan Noise Element includes the following goals and policies that are applicable to the proposed project: Goal 11-A: To improve the overall environment in the County by reducing annoying and physically harmful effects of noise for existing and future residents and for all land uses. Goal 11-C: To ensure that new developments will be constructed so as to limit the effects of exterior noise on the residents. Policy 11-1: New projects shall be required to meet acceptable exterior noise level standards as established in the Noise and Land Use Compatibility Guidelines contained in Figure 11-6. These guidelines, along with the future noise levels shown in the future noise contour maps, should be used by the County as a guide for evaluating the compatibility of “noise sensitive” projects in potentially noisy areas. Policy 11-8: Construction activities shall be concentrated during the hours of the day that are not noise-sensitive for adjacent land uses and should be commissioned to occur during normal work hours of the day to provide relative quiet during the more sensitive evening and early morning hours. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 41 of 47 The Community Noise Exposure Levels on Figure 11-6 of the General Plan Noise Element show that levels of 60 dB or less are normally acceptable and 70 dB or less are conditionally acceptable for single-family residential land uses. As reported in the draft MND (see Attachment 9), future noise levels on the northern portion of the project site would exceed the 60 dB normally acceptable level for single-family residents, and would result in a potentially significant impact on project residents. The draft MND included mitigation measures to address this impact, including installation of a noise barrier along the northern property boundary, and requiring sound-reducing wall construction and sound-reducing windows. Theses mitigation measures are included in the Conditions of Approval and Advisory Notes as Conditions of Approval #37, #38, and #39. With respect to project construction, the draft MND included mitigation measures for precluding excessive groundborne vibration and construction noise, by prohibiting use of vibration rollers and restricting construction to the hours of 8:00 AM to 5:00 PM, Monday through Friday. These mitigation measures are included in the Conditions of Approval and Advisory Notes as Conditions of Approval #40 and #41. As conditioned, the proposed project would be consistent with the applicable goals and policies of the Noise Element. Transportation and Circulation Element: The Transportation and Circulation Element of the General Plan shows designated arterials and expressways that are part of the County roadway network. Appian Way, which intersects Allview Avenue approximately 0.25 mile from the project site, is the nearest designated arterial. Appian Way moves traffic through the El Sobrante area, from the eastern portions of the city of Richmond to the south, and the City of Pinole to the north. Given the distance between the project site and Appian Way, and the projected trip generation of 22 AM peak hour vehicle trips and 30 PM peak hour trips, th e proposed project would not have any substantial effect on the arterial. Thus, the Balmore Court Subdivision would be consistent with General Plan transportation policies for arterials. B. Zoning Compliance: As discussed previously in Section V (Project Description), approximately ¾ of the 6.44-acre project site is in the R-6 District and approximately ¼ of the southwest portion of the site is in the R-7 District. In order to implement the proposed SD17-9478 conservation subdivision, the project includes Rezoning RZ17-3239, to rezone the site from R-6 and R-7 to the Balmore Court P-1 Planned Unit District, to allow clustering of the single-family homes while setting aside land for hillside open space, storm drainage, and the restrictive riparian easement. Compared to the R-6 and R-7 development CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 42 of 47 standards, the proposed P-1 District would include reduced lot area, lot width, and lot depth requirements, reduced setbacks to a minimum of 10 feet, and reduced yards to a minimum of five feet. The Balmore Court P-1 District standards are shown on page 12 of Section V and in Attachment 4. With the P-1 standards, 30 single-family residences could be built on 2.42 2.24 of the 5.53 net acres on the project site, and while setting aside the 1.84 acres in Parcel A, 0.36 acre in Parcel B, and the 0.91 acre restrictive riparian easement as permanently protected open space. Application of the P-1 District would allow the Balmore Court Subdivision to meet the SH General Plan residential density requirement. As shown in Attachment 5, Preliminary Development Plan DP17-3054 includes 30 single-family residences that would include three basic architectural plans. The two plans for the “court homes” on the shared driveways include Plan 1 for the 10 single-family residences that would be adjacent to the Balmore Court extension. The Plan 1 homes would be 2,110 square-foot 4 bedroom 2½ bath two-story homes with integrated 2-car garages. Plan 2 would be for the 10 single- family residences located west of the Plan 1 court homes. The Plan 2 homes would be 2,379 square-foot 3 bedroom 3 bath two-story homes with a den on the first floor, a loft on the second floor, and integrated 2-car garages. Plan 3 would be for the 10 single-family residences with direct access onto the Balmore Court extension. The Plan 3 homes would be 2,645 square-foot 4 bedroom 3 bath two-story homes with a bonus room on the second floor and integrated 2 -car garages. All homes would be offered in three architectural styles, including craftsman, traditional, and French cottage, and would have a maximum height of 35 feet. In approving a Planned Unit District, the development must be a residential environment of sustained desirability and stability, and in harmony with the character of the surrounding neighborhood. Further, the P -1 District is intended to provide flexibility of site design, building massing, setbacks, and height. The proposed Balmore Court conservation subdivision sets aside 3.11 3.29 of its 5.53 buildable acres as permanently protected open space that would provide potential wildlife habitat, filter and retain stormwater runoff, require less new infrastructure, and better maintain the sense of place that defines the character of the El Sobrante neighborhood. The project, thereby, preserves open space areas without reducing the residential density of the site, because its 30 single- family residences would be located on the remaining 2.42 2.24 buildable acres. The 30 residences would have stucco walls with wood siding at select locations and asphalt shingle roofing, and would have earth tone colors. Use of such CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 43 of 47 materials and colors is prevalent in the surrounding neighborhood. The building pads for the homes would be located on the site where existing elevations are a maximum of 260 feet. Given that the elevation at the westernmost corner is 300 feet, the maximum height of the new homes would generally be lower than elevations along the western site boundary. Accordingly, the proposed project would be consistent with the surrounding neighborhood. C. Inclusionary Housing: The proposed project is also subject to the Inclusionary Unit Requirement of County Code Section 822-4.402, whereby, at least fifteen percent of the for-sale units are required to be inclusionary units (units that are required to be sold at an affordable sales price to lower and moderate income households). Alternatively, the applicant can pay a For-Sale Housing In-Lieu Fee. The applicant has proposed payment of the In-Lieu Fee. Accordingly, Conditions of Approval #7 and #8 in the Conditions of Approval and Advisory Notes address the payment of the In-Lieu Fee. D. Parking: As described above in Section IX.B, each single-family residence would have an integrated 2-car garage. Thus, resident parking would be 2 parking spaces per lot, as listed on the proposed P-1 development standards. The 2 parking space requirement is consistent with the off-street parking requirement in the R-6 and R-7 Districts. Neither the R-6 District nor the R-7 District requires guest parking; however, as discussed in Section V (Project Description), the proposed project would include 15 on-street parking spaces and 20 off-street parking spaces on the driveway aprons of the 10 homes with direct driveway access to Balmore Court. As discussed in Section VII.K (Public Comments, El Sobrante Municipal Advisory Council), the guest parking provided, would be considered to be adequate per the multiple-family residence requirements of the County Code. Pursuant to County Code Section 84-26.1202(a)(2) for the M-29 Multiple-Family Residential District, 0.25 space per residence would be required for guest parking. The guest parking may consist of be either on -street or off- street parking spaces. The project would provide 1.17 spaces per residence for a total of 35 guest parking spaces. Pursuant to the proposed P-1 development standards, all parking spaces would be 9 ft. by 19 ft. spaces. E. Traffic and Circulation: As discussed in Section VI.M (Agency Comments, El Sobrante Municipal Advisory Council), staff contracted with TJKM, the transportation consultants on retainer with the Department to prepare a traffic study for the proposed project. As reported in the draft MND, TJKM estimated that the proposed project would generate 22 AM peak hour vehicle trips and 30 CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 44 of 47 PM peak hour trips. The project traffic would not result in significant impacts at intersections closest to the project site, at either the Balmore Court/Allview Avenue intersection or the Balmore Court/Lindell Drive intersection. With the project, the Balmore Court/Allview Avenue intersection would be at Level of Service B, and the Balmore Court/Lindell Drive intersection would be at Level of Service A. As discussed in Section V (Project Description), the applicant has requested (1) an exception to the requirements of County Code Section 98-4.002 for the pavement width and right-of-way of a collector street, and (2) an exception to the requirements of County Code Section 98-6.016 for the horizontal curve on a collector street. 1. Request for Exception from County Code Section 98-4.002: Balmore Court is classified as a collector street, which would be required to have a pavement width of 36 feet curb-to-curb within a 56-foot right-of-way, per County Code Section 98-4.002. The proposed project would (a) extend Balmore Court onto the 0.91-acre roadway parcel, and (b) improve the 400-foot long section of Balmore Court north of Lindell Drive to the project site. These roadway sections would be constructed to public street standards with a pavement width of 32 feet within a 50-foot right-of-way, with curbs, gutters, and sidewalks. 2. Request for Exception from County Code Section 98-6.016: At approximately 170 feet northeast of the southwesternmost corner of the project site, the Balmore Court extension would curve westward. Pursuant to County Code Section 98-6.016, the radius of curvature in the centerline of the street is to be at least 200 feet. The Balmore Court extension at the curve would be constructed to have a centerline radius of 75 feet. Staff recommends granting the exceptions for the following reasons. (1) An unusual circumstance exists in that the steep slopes on the western and northwestern portions of the property, and the restrictive riparian easement along the eastern boundary of the property, limits where development can occur without significant grading and slope stabilization, and thereb y, constrains the location and alignment of the street extension. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 45 of 47 (2) The exceptions are necessary to facilitate single-family residential development of the project site. Providing the street width and right-of-way per County Code Section 98-4.002 and the radius of curvature per County Code Section 98-6.016 adversely affects the proposed project, due to the slope constraints of the site. As shown on the Preliminary Grading, Drainage & Utility Plan in Attachment 1, construction of the residences would require several retaining walls for stable construction pads as well as to maintain existing geotechnical conditions on adjoining properties. Increasing the street width and horizontal curve will increase the height and number of retaining walls to maintain acceptable geotechnical conditions on the project site and on neighboring properties. The geometry of the property boundaries in conjunction with the setback from the restrictive riparian easement also limit the alignment of the Balmore Court extension. Further, requiring the full street width, right-of-way, and radius of curvature reduces the buildable area of the site, such that the side yards between the residences would be reduced to less than the 5-foot minimum in order to meet the required SH General Plan residential density. (3) The granting of the exceptions would not be materially detrimental to the public welfare or injurious to other property. The portion of Balmore Court that is currently a private street varies in width from 24 feet approximately 60 feet north of Lindell Drive to 17 feet six inches at its northern terminus with no curbs, gutters, or sidewalks. The proposed project would create a street section with a pavement width of 32 feet with curbs, gutters, and sidewalks. The extension of Balmore Court on the project site would match the improved section of the street and would have a pavement width of 32 feet, with curbs, gutters, and sidewalks. By improving conditions of the street, the reduction in the pavement width and right-of-way from collector street standards would not pose risk to the public or hinder the ability of the public to use the street as intended; rather, the street improvements would reduce circulation risks and improve the ability of the public to use the street. Allowing the pavement width on the project site to be 32 feet and the horizontal curve centerline radius to be 75-ft, facilitates a street alignment that better fits the overall shape of the project site. The curve in the street would function more as a street knuckle th an as a horizontal curve, which would be suitable at this location due to the speed at which vehicles would be travelling to and from the street cul-de-sac. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 46 of 47 With the requested exceptions to the County Code, the proposed SD17-9478 Subdivision would be consistent with County circulation requirements. F. Drainage: Pursuant to Division 914 of the County Code, all storm water entering and/or originating on the project site must be collected and conveyed, without diversion and within an adequate storm drainage system, to an adequate natural watercourse having a definable bed and banks or to an existing adequate public storm drainage system which conveys the storm waters to an adequate natural watercourse. The applicant has provided an analysis of the downstream drainage infrastructure that would serve the project site. Public Works Department staff has reviewed this analysis and determined the proposed conveyance to the existing storm drain facility at the northeast corner of the site is acceptable and in conformance with County Code drainage requirements. G. Stormwater Management: Pursuant to County Code Section 1014-4.004 a Stormwater Control Plan (SWCP) is required for applications to subdivide land where the resulting project may result in a total amount of impervious surface area exceeding 10,000 square feet. In the Preliminary SWCP, which was submitted on March 4, 2019, the applicant proposes to direct on-site stormwater runoff to a bio-retention area located near the northeast corner of the site prior to discharge to the downstream storm drain. Most of the stormwater runoff flowing onto the site from adjacent properties would be diverted in a separate storm drain system bypassing the bio-retention area. Portions of the runoff from the adjacent westerly properties, would be collected and treated. Public Works Department staff has reviewed the SWCP, and has determined that it generally conforms to the technical aspects of the County’s stormwater management requirements. H. Tree Permit: As described in Section V (Project Description), Preliminary Development Plan DP17-3054 includes a request for a Tree Permit to remove 13 of the 20 protected trees on the project site outside of the restrictive riparian easement to accommodate development on the site. The trees proposed to be removed include a stand of seven redwood trees at the southwest corner of the site, a cluster of four willow and poplar trees near the redwoods, and a poplar tree and a stand of locust trees along the western boundary of the property. Staff has determined that in order to accommodate development on Lots 1 and 2 of Subdivision SD17-9478, and the storm water drainage facilities on open space Parcel A, the trees would need to be removed. Thus, staff recommends CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 47 of 47 approval of the requested Tree Permit, subject to applicable Conditions of Approval #23 and #24 in the Conditions of Approval and Advisory Notes. Previously, 30 trees were removed on the site under the SD04-8920 Tree Permit; however, none of the 16 trees required to be planted as restitution for the removed trees have been planted. The applicant has proposed planting 28 trees as replacement for the trees to be removed and to fulfill the tree planting requirements of the SD04-8920 permit. As shown on the Preliminary Landscape Tree Plan in Attachment 1, 23 trees would be planted along the Balmore Court extension to provide street ambience and character, and five trees would be planted at the western end of the shared driveways to soften views of the Subdivision from offsite locations to the west. X. CONCLUSION The proposed SD17-9478 Balmore Court Subdivision would be consistent with the SH, Single-Family Residential-High Density, General Plan Land Use designation, and, as conditioned, would be consistent with the applicable goals and policies of the General Plan. The SD17-9478 Subdivision would set aside 3.11 3.29 of the 5.53 buildable acres as permanently protected open space that would provide potential wildlife habitat, filter and retain stormwater runoff, and require less new infrastructure, and provide 30 single-family residential home sites on 2.42 2.24 acres. The proposed RZ17-3239 Balmore Court Rezoning would establish a P-1 Planned Unit District that would facilitate development of the 30 single-family residences. The 30 residences would be constructed pursuant to Preliminary Development Plan DP17-3054. The residences, with stucco walls with wood siding at select locations and asphalt shingle roofing, and earth tone colors, would have materials and colors that are comparable to and compatible with the surrounding neighborhood. The building pads for the homes would be located on the site where existing elevations are a maximum of 260 feet. Thus, maximum height of the new homes would generally be lower than elevations along the western site boundary. Accordingly, the proposed project would be consistent with the surrounding neighborhood and would maintain the semi-rural character of the neighborhood. Staff recommends that the County Planning Commission approve Subdivision SD17-9478 and recommend approval of Rezoning RZ17-3239 and Preliminary Development Plan DP17-3054 by the Board of Supervisors. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 1 of 40 FINDINGS AND CONDITIONS OF APPROVAL FOR COUNTY FILES SD17-9478, RZ17- 3239, DP17-3054, 1486 INVESTORS, LLC (APPLICANT & OWNER); As revised by County Planning Commission on August 28, 2019, the Public Works Department (Condition of Approval #48) as directed by the Planning Commission for traffic calming, and clarification of the Vegetation Management Plan (Condition of Approval #12). (Additions shown with double underlining; deletions shown with double strikethrough) FINDINGS A. Growth Management Performance Standards 1. Traffic: The Balmore Court Single-Family Residential Project is forecast to generate 22 AM peak hour vehicle trips and 30 PM peak hour trips, and will not significantly increase existing traffic levels in the area. Accordingly, the project will not have a substantial impact on traffic on any roadways in the Byron area. Further, compliance with the requirements of the Bridge/Thoroughfare Fee Ordinance, as adopted by the Board of Supervisors is required. 2. Water: The project site is an urban in-fill site that is currently serviced by public utility systems. Uses on-site include 30 residences and irrigation of landscaped areas. The East Bay Municipal Utility District provides water service to the site and has not indicated that there is insufficient capacity to serve the project. The Utility District has stated that the applicant should contact the District to request a water service estimate. 3. Sanitary Sewer: The project site is within the service area of the West County Wastewater District who provides wastewater services for the project. The Wastewater District has stated that wastewater service is available for the project. 4. Fire Protection: The project site is in the service area of the Contra Costa County Fire Protection District. Fire protection to the project site will be provided by Station 69 at 4640 Appian Way located approximately 1.05 miles to the south of the site. The Fire Protection District has provided comments on the proposed project, citing District requirements for maintaining a clear fire lane, providing an adequate and reliable water supply, and two fire hydrants. With these requirements, potential impacts of the project on fire protection services will be less than significant. Construction plans will be reviewed by the Fire Protection District for compliance with its requirements. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 2 of 40 5. Public Protection: Police protection services in the project vicinity are provided by the Contra Costa County Sheriff’s Office, which provides patrol service to the unincorporated El Sobrante area. In addition to regular patrol service, the Sheriff’s Office operates the Bay Station at 5555 Giant Road (2.90 miles west of the project site). The addition of 30 single-family residences to the single-family residential area along Allview Avenue will not significantly affect the provision of police services to the El Sobrante area. 6. Parks and Recreation: The new residents of the 30 new residences are expected to increase use of nearby public parks; however, amount of available park space and the project’s small addition (0.64%) to the El Sobrante population will minimize project impacts on these facilities. The project, as proposed, did not include construction of any recreational facility on the site, and thereby, did not comply with the General Plan Land Use Element policy for recreation space in the El Sobrante area. As conditioned, an area on the project site is required to be developed as a tot lot, playground, or other recreational facility on a portion of either open space Parcel A or storm drainage Parcel B. 7. Flood Control and Drainage: The project Storm Water Control Plan includes concrete ditches at the edges of the residential development that direct storm water to a bio-retention area in the storm drainage parcel located near the northeast corner of the project site. As conditioned, these facilities will be maintained such that the facilities will perform as designed. Thus, there will not be any significant risk due to an increase in the volume of runoff that w ill result in onsite or off-site flooding. B. SB166 Finding Pursuant to California Government Code Section 65863(a): Each city, county, or city and county shall ensure that its housing element inventory described in paragraph (3) of subdivision (a) of Section 65583 or its housing element program to make sites available pursuant to paragraph (1) of subdivision (c) of Section 65583 can accommodate, at all times throughout the planning period, its remaining unmet share of the regional housing need allocated pursuant to Section 65584, except as provided in paragraph (2) of subdivision (c). At no time, except as provided in paragraph (2) of subdivision (c), shall a city, county, or city and county by administrative, quasi-judicial, CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 3 of 40 legislative, or other action permit or cause its inventory of sites identified in the housing element to be insufficient to meet its remaining unmet share of the regional housing need for lower and moderate-income households. Project Finding: A component of preparing the County’s Housing Element for the General Plan is the identification of vacant and underutilized sites suitable for residential development, and an evaluation of the housing development potential of these sites in fulfilling the County’s share of the regional housing needs as determined by the Association of Bay Area Governments (ABAG). This property is identified in the County’s Housing Element Sites Inventory with a development potential of 25 above-moderate housing units. This project is includes 30 market-rate (above-moderate) units, which exceeds the projected housing estimate for the site. The site is located within the Single-Family Residential High density land use designation, which allows for 5 to 7.2 residential units per net acre. The developer is averaging 5.4 units per net acre, which is within the permitted density range for this land use designation. In addition, the County has already exceeded the number of above-moderate units identified by ABAG in its regional housing needs allocation for the remainder of this cycle of the Housing Element. This project will add to the surplus of units in this category. C. Rezoning Findings Pursuant to County Code Section 26-2.1806, the following three findings must be made to approve a rezoning application. 1. The change proposed will substantially comply with the general plan. Project Finding: The project site has a General Plan Land Use designation of SH, Single-Family Residential-High Density. This designation allows between 5.0 and 7.2 single-family units per net acre. Subdivision SD17-9478, as proposed, includes 30 units on 5.53 net acres (6.44 gross acres - 0.91 acre for the roadway parcel), for a density of 5.42 units per net acre. Thus, the prop osed project is be consistent with the SH General Plan designation. Further, as conditioned, the project is consistent with the Policies for the El Sobrante Area of the Land Use Element, as well as with applicable goals and policies of the Housing Element and Noise Element. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 4 of 40 2. The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent district. Project Finding: The project site is located within the established Allview Avenue single-family residential neighborhood of El Sobrante. The surrounding area consists of single-family residences in this neighborhood and commercial uses to the east and north along Appian Way and Fitzgerald Drive in the City of Pinole. The Balmore Court P-1 District provides flexibility of site design, building massing, setbacks, and height, and thereby allows a conservation subdivision on the site that sets aside 3.11 3.29 of its 5.53 buildable acres as permanently protected open space that will provide potential wildlife habitat, filter and retain stormwater runoff, require less new infrastructure, and better maintain the sense of place that defines the character of this El Sobrante neighborhood. Thus, the project is in harmony with the surrounding area and the uses established in the area. 3. Community need has been demonstrated for the use proposed, but this does not require demonstration of future financial success. Project Finding: The project site is located within an area that is developed with single-family residential uses, in proximity to commercial uses. The site had previously been approved for a conventional single-family residential subdivision that was never built; however, the site is included on the housing site inventory that is maintained by the Housing and Community Improvement Division, as a site suitable for residential development. The current project is a conservation subdivision that sets aside 3.11 3.29 of its 5.53 buildable acres as permanent open space and includes 30 single-family residences on the remaining 2.42 2.24 acres, and thereby, complies with the General Plan policies for the El Sobrante area, as well as with General Plan policies related to providing an adequate supply of housing and encouraging infill development suitable vacant and under-utilized sites within urbanized areas where necessary utilities already are installed. D. Findings of Approval of P-1 Zoning District and Preliminary Development Plan Pursuant to County Code Section 84-66.1406, the following four findings must be made to approve a P-1 rezoning application and preliminary development plan for a residential development. 1. The applicant intends to start construction within two and one-half years from the effective date of the zoning change and plan approval. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 5 of 40 Project Finding: The applicant has indicated that they intend to commence construction within 2 ½ years off the effective date of the zoning change and plan approval. 2. The proposed planned unit development is consistent with the County General Plan. Project Finding: The project site is in the SH, Single-Family Residential-High Density, General Plan Land Use designation. This designation allows between 5.0 and 7.2 single-family units per net acre. Subdivision SD17-9478, as proposed, includes 30 units on 5.53 net acres (6.44 gross acres - 0.91 acre for the roadway parcel), for a density of 5.42 units per net acre. Thus, the proposed project will be consistent with the SH General Plan designation. The application is subject to the “Policies for the El Sobrante Area”, Policies 3-165 through 3-187 of the Land Use Element. As conditioned, the project is consistent with these policies. As a conservation subdivision, the 30 single-family residences in the project will be located on 2.42 2.24 of its 5.53 buildable acres, while 3.11 3.29 acres, including the 1.84 acres open space Parcel A, 0.36 acre storm drainage Parcel B, and 0.91 acre restrictive riparian easement will be permanently protected open space. Condition of Approval #42 requires the applicant to install a recreation facility on the project site. The project site is listed in the housing site inventory that is maintained by the Housing and Community Improvement Division, as a site suitable for residential development. Thus, the project is consistent with the General Plan Housing Element. As conditioned, the project is consistent with the General Plan Noise Element’s acceptable noise exposures for single-family residential land uses. Conditions of Approval #36, #37, and #38 address the installation of a noise barrier along the northern property boundary, and requiring sound-reducing wall construction and sound-reducing windows. Conditions of Approval #39 and #40 address excessive groundborne vibration and construction noise. The project is projected to generate 22 AM peak hour vehicle trips and 30 PM peak hour trips, which will not significantly affect the nearby Allview Avenue/Balmore Court and Balmore Court/Lindell Drive intersections. Thus, the project will not have CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 6 of 40 a significant impact on Appian Way, which is the nearest arterial designated in the General Plan Transportation and Circulation Element. Accordingly, the project is consistent with General Plan transportation policies for arterials. 3. In the case of residential development, it will co nstitute a residential environment of sustained desirability and stability, and will be in harmony with the character of the surrounding neighborhood and community. Project Finding: The project site is located within the established El Sobrante neighborhood along Allview Avenue with single-family residences to the west and south and commercial uses to the east and north along Appian Way and Fitzgerald Drive in the City of Pinole. The neighborhood has a semi-rural character, with primarily one-story homes on 7,000 to 8,000 square-foot lots with established landscaping including a number of large trees. The Balmore Court P -1 District provides flexibility of site design, building massing, setbacks, and height, and thereby allows a conservation subdivision on the site that sets aside 3.11 3.29 of its 5.53 buildable acres as permanently protected open space that w ill provide potential wildlife habitat, filter and retain stormwater runoff, require less new infrastructure, and better maintain the sense of place that defines the character of this El Sobrante neighborhood. The project homes will have stucco walls with wood siding at select locations and asphalt shingle roofing, and will have earth tone colors. Use of such materials and colors is prevalent in the surrounding neighborhood. The project includes the planting of 28 trees, including 23 trees along the Balmore Court extension to provide street ambience and character, and five trees at the western end of the shared driveways to soften views of the project from offsite locations to the west. Thus, the project is in harmony with the surrounding area and the uses established in the area. 4. The development of a harmonious integrated plan justifies exceptions from the normal application of this code. Project Finding: The project site has varying terrain. The site is relatively flat in the eastern portion near the intermittent drainage channel and slopes upward to the southwest, west and northwest. Elevations on the site range from 230 feet at the northeast corner to 300 feet at the westernmost corner. Slopes to the west are up to 30 percent, while slopes to the southwest and northwest are less steep. As a result, residential development on the project site involves substantial constraints, including slopes of up to 30 percent on the western and northwestern portions of the site. Development of the uphill portions of the site will involve significant CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 7 of 40 grading of the hillside, as well as installation of substantial infrastructure to minimize possible geotechnical issues related to such grading. In addition, the residential project will need to handle project-related increases in storm runoff, and maintain a buffer between project-related development and the restrictive riparian easement. These constraints significantly reduce the buildable portion of the site. To address these constraints, the project includes a 1.84 acre hillside open space parcel located uphill and generally west and northwest of the residential parcels. This parcel will collect storm water falling on the open space and direct it to a bio- retention area in the northeastern portion of the site. The 0.36 acre storm drainage parcel located in the northeast quadrant of the property will collect storm water from the subdivision in one large bio-retention area to filter the runoff, allow percolation into the ground, and direct overflow to a City of Pinole storm d rain inlet near the northeast corner of the site. The storm drainage parcel and the residential parcels on the east side of the street include portions of the restrictive riparian easement that was established pursuant to a grant deed of development rights to the County in 2007. The 0.91-acre restrictive riparian easement does not allow development within 25 feet of the intermittent drainage channel along the eastern boundary of the property. These areas of the site will be permanently projected open space to provide potential wildlife habitat, filter and retain stormwater runoff, require less new infrastructure, and better maintain the semi - rural sense of place of the Allview Avenue residential neighborhood. Approximately ¾ of the 6.44-acre project site is in the R-6 District and approximately ¼ of the southwest portion of the site is in the R-7 District. The site also has a SH General Plan Land Use designation that has a density requirement of between the 5.0 and 7.2 residential units per net acre. The project will have 30 residential lots on 5.53 net acres, with a density of 5.42 residential units per net acre, and therefore, will be consistent with the SH General Plan Land Use density. However, given the 1.84 acres set aside for hillside open space, 0.36 acre set aside for project storm drainage, and the 0.91 acre within the restrictive riparian easement, the residential development occurs on 2.42 acres of the site. Accordingly, the project does not meet the development standards of the R-6 or R-7 Districts for lot size, lot width, lot depth, setbacks, and yards. The Balmore Court P-1 Planned Unit District allows for the clustering of homes, with reduced lot area, lot width, and lot depth requirements, reduced setbacks to a minimum of 10 feet, and reduced yards to a minimum of five feet. With the P-1 development standards, the project preserves open space areas, as described above, without reducing the CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 8 of 40 residential density of the site. The 30 residences will have stucco walls with wood siding at select locations and asphalt shingle roofing, and will have earth tone colors. The building pads for the homes will be located on the site where existing elevations are a maximum of 260 feet. Given that the elevation at the westernmost corner is 300 feet, the maximum height of the new homes will generally be lower than elevations along the western site boundary. Accordingly, the proposed project will be consistent with the surrounding neighborhood. E. Findings for a Vesting Tentative Map Pursuant to County Code Section 94-2.806, the following finding must be made to approve a vesting tentative parcel map for a subdivision. 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with applicable general and specific plans. Project Finding: The project site is located within the El Sobrante community, where surrounding uses include single-family residences to the west and south, and commercial businesses to the east and north. The project will subdivide the 6.44- acre property into 33 lots, including 30 residential parcels, hillside open space Parcel A, storm drainage Parcel B, and a roadway parcel. The project is consistent with the SH, Single-Family Residential-High Density, General Plan Land Use designation, which allows the 5.0 and 7.2 residential units per net acre. The project will have 30 residential lots on 5.53 net acres, with a density of 5.42 residential units per net acre. Thus, the project is consistent with the applicable policies for the SH land use designation. The project is consistent with the Land Use Element Policies for the El Sobrante area that call for enhancement of El Sobrante’s semi-rural/suburban character, preservation of open space, preservation of the scenic environment of the community, and use of available infill housing sites. As a conservation subdivision on the site of a previously approved conventional subdivision, the project places its 30 single-family residences on 2.42 2.24 of its 5.53 buildable acres, and reserves 3.11 3.29 acres as permanently protected open space, including the 1.84 acres open space Parcel A, 0.36 acre storm drainage Parcel B, and 0.91 acre restrictive riparian easement. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 9 of 40 F. Exceptions to the Requirements of County Code Title 9 Pursuant to County Code Section 92-6.002, the Advisory Agency (County Planning Commission) may authorize exceptions to the requirements and regulations of County Code Title 9 (Subdivisions). Accordingly, following are the requests for exceptions. 1. Request for Exception from County Code Section 98-4.002: Balmore Court is classified as a collector street, which is required to have a pavement width of 36 feet curb-to-curb within a 56-foot right-of-way, per County Code Section 98-4.002. The proposed project will (a) extend Balmore Court onto the 0.91-acre roadway parcel, and (b) improve the 400-foot long section of Balmore Court north of Lindell Drive to the project site. These roadway sections will be constructed to public street standards with a pavement width of 32 feet within a 50 -foot right-of-way, with curbs, gutters, and sidewalks. 2. Request for Exception from County Code Section 98-6.016: At approximately 170 feet northeast of the southwesternmost corner of the project site, the Balmore Court extension will curve westward. Pursuant to County Code Section 98-6.016, the radius of curvature in the centerline of the street is to be at least 200 feet. The Balmore Court extension at the curve will be constructed to have a centerline radius of 75 feet. Following are the findings for granting the requested exceptions that are required by County Code Section 92-6.002. a. That there are unusual circumstances or conditions affecting the property. An unusual circumstance exists in that the steep slopes on the western and northwestern portions of the property, and the restrictive riparian easement along the eastern boundary of the property, limits where development can occur without significant grading and slope stabilization, and thereby, constrains the location and alignment of the street extension. b. That the exception is necessary for the preservation and enjoyment of a substantial right of the applicant. The exceptions are necessary to facilitate single-family residential development of the project site. Providing the street width and right-of-way per County Code Section 98-4.002 and the radius of curvature per County Code Section 98-6.016 CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 10 of 40 adversely affects the proposed project, due to the slope constraints of the site. As shown on the Preliminary Grading, Drainage & Utility Plan in Attachment 1, construction of the residences will require several retaining walls for stable construction pads as well as to maintain existing geotechnical conditions on adjoining properties. Increasing the street width and horizontal curve will increase the height and number of retaining walls to maintain acceptable geotechnical conditions on the project site and on neighboring properties. The geometry of the property boundaries in conjunction with the setback from the restrictive riparian easement also limit the alignment of the Balmore Court extension. Further, requiring the full street width, right-of-way, and radius of curvature reduces the buildable area of the site, such that the side yards between the residences will be reduced to less than the 5-foot minimum in order to meet the required SH General Plan residential density. c. That the granting of the exception will not be materially detrimental to the public welfare or injurious to other property in the territory in which the property is situated. The granting of the exceptions will not be materially detrimental to the public welfare or injurious to other property. The por tion of Balmore Court that is currently a private street varies in width from 24 feet approximately 60 feet north of Lindell Drive to 17 feet six inches at its northern terminus with no curbs, gutters, or sidewalks. The proposed project will create a street section with a pavement width of 32 feet with curbs, gutters, and sidewalks. The extension of Balmore Court on the project site will match the improved section of the street and have a pavement width of 32 feet, with curbs, gutters, and sidewalks. By improving conditions of the street, the reduction in the pavement width and right-of-way from collector street standards will not pose risk to the public or hinder the ability of the public to use the street as intended; rather, the street improvements will reduce circulation risks and improve the ability of the public to use the street. Allowing the pavement width on the project site to be 32 feet and the horizontal curve centerline radius to be 75-ft, facilitates a street alignment that better fits the overall shape of the project site. The curve in the street will function more as a street knuckle than as a horizontal curve, which is suitable at this location due to the speed at which vehicles will be travelling to and from the street cul-de-sac. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 11 of 40 G. Findings for a Tree Permit County Code Section 816-6.8010, lists a number of factors to be considered in granting or denying a tree permit. The County Planning Commission is satisfied that the following factors have been satisfied. 1. Reasonable development of the property will require the removal of 13 trees protected on the project site, including a stand of seven redwood trees at the southwest corner of the site, a cluster of four willow and poplar trees near the redwoods, and a poplar tree and a stand of locust trees along the western boundary of the property. The tree removal is necessary in order to accommodate development on Lots 1 and 2, and the storm water drainage facilities on open space Parcel A. All other trees on the site, including trees within the restrictive riparian easement will be retained. 2. Development of this project cannot be reasonably accommodated on other parts of the property due to the topography and irregular shape of the property. The project site has varying terrain. The site is relatively flat in the eastern portion near the intermittent drainage channel and slopes upward to the southwest, west and northwest. Elevations on the site range from 230 feet at the northeast corner to 300 feet at the westernmost corner. Slopes to the west are up to 30 percent, while slopes to the southwest and northwest are less steep. As a result, residential development on the project site involves substantial constraints, including slopes of up to 30 percent on the western and northwestern portions of the site. Development of the uphill portions of the site will involve significant grading of the hillside, as well as installation of substantial infrastructure to minimize possible geotechnical issues related to such grading. In addition, the residential project will need to handle project-related increases in storm runoff, and maintain a buffer between project-related development and the restrictive riparian easement. These constraints significantly reduce the buildable portion of the site, such that the project will be built as a conservation subdivision that preserves the constrained areas on the site without reducing residential densities. The 30 single-family residences are located on 2.42 2.24 of the 5.53 buildable acres on the site, while the 1.84 acres open space Parcel A, 0.36 acre storm drainage Parcel B, and 0.91 acre restrictive riparian easement will be permanently protected open space H. Environmental Review Following are the findings required pursuant to the California Environmental Quality CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 12 of 40 Act to adopt a Mitigated Negative Declaration/Initial Study for the project, prior to the approval of a project. 1. A draft Mitigated Negative Declaration/Initial Study (MND), SCH 2018122029, was prepared and published for the project. The 34-day public review period for the draft MND started on December 12, 2018 and ended on January 14, 2019. A total of five letters and one email were received during the public review period for the draft MND. 2. A Final MND has been prepared that includes the written comments received on the draft MND, responses to the comments received, and two staff-initiated text changes. 3. Neither the comments received nor the staff responses to the commen ts result in any changes to the draft MND, and the Final MND does not affect any impacts, mitigation measures, or findings in the draft MND. 4. The text changes, including two minor changes to correct typographical errors, are not the result of any new significant adverse environmental impact, do not result in any mitigation added to the pertinent section, and do not alter the findings in the section. 5. On the basis of the whole record before it, including the draft ND and final ND, the County Planning Commission finds that:  There is no substantial evidence that the project with the proposed mitigation measures will have a significant effect on the environment;  The MND, consisting of the draft MND and Final MND, reflects the County’s independent judgement and analysis;  The MND is adequate and complete; and  The MND has been prepared in compliance with the California Environmental Quality Act (CEQA) and the State and County CEQA guidelines. 6. A Mitigation Monitoring Program has been prepared, based on the identified significant environmental impacts and mitigation measures in the MND. The mitigation measures in the Mitigation Monitoring Program are included in th e Conditions of Approval. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 13 of 40 CONDITIONS OF APPROVAL FOR COUNTY FILES SD17-9478, RZ17-3239, DP17-3054 Project Approval –Subdivision and Vesting Tentative Map 1. The Vesting Tentative Map for the Balmore Court Single-Family Residential Subdivision is APPROVED, as generally shown and based on the following documents:  Application and materials submitted to the Department of Conservation and Development, Community Development Division (CDD) on December 17, 2017;  Vesting Tentative Map for Subdivision SD17-9478, prepared by Carlson, Barbee & Gibson, submitted on March 4, 2019;  Parking Summary, prepared by Carlson, Barbee & Gibson, submitted on December 4, 2018;  Preliminary Landscape Tree Plan, prepared by Landscape Architecture Land Planning, submitted on January 11, 2019;  Preliminary Architectural Plans, prepared by William Hezmalhalch Architects, submitted on August 9, 2019;  Preliminary Stormwater Control Plan, prepared by Carlson, Barbee & Gibson, submitted on March 4, 2019;  Preliminary Balmore Court Hydrology, prepared by Carlson, Barbee & Gibson, submitted on December 1, 2017;  Capacity of Existing Storm Drain Outfall for Balmore Court, prepared by Carlson, Barbee & Gibson, submitted on December 21, 2018;  Geotechnical Investigation for Balmore Court Subdivision, prepared by Stevens, Ferrone & Bailey, submitted on December 1, 2017;  Noise and Vibration Impact Analysis, prepared by LSA Associates, submitted on December 1, 2017; CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 14 of 40  Arborist Report, prepared by Bay Arborist, submitted on December 1, 2017;  Biological Resources Analysis, prepared by Monk & Associates, submitted on December 1, 2017; and  Focused Traffic Study for the Balmore Court Single-Family Residential Project, prepared by TJKM, submitted on December 4, 2018. 2. A copy of the recorded Final Map shall be submitted to the CDD upon recordation. 3. Any modifications to the project approved under this permit that is not required by a Condition of Approval herein shall be subject to the review and appro val of the CDD. Approval Contingent on Consistent Approval of Related General Plan Amendment and Rezoning Application 4. This Subdivision is approved contingent upon approval of a Rezoning, County File #RZ17-3239 from R-6 Single-Family Residential District and R-7 Single-Family Residential District to P-1 Planned Unit District, and a Preliminary Development Plan, County File #DP17-3054 for the Balmore Court Single-Family Residential Project. If either the Rezoning or the Preliminary Development Plan is not approved, then this approval shall be null and void. Application Costs 5. The Subdivision application was subject to an initial deposit of $10,092.00. The applications are subject to time and material costs if the application review expenses exceed the initial deposit. Any additional fee due must be paid prior to an application for a grading or building permit, or 60 days of the effective date of this permit, whichever occurs first. The fees include costs through permit issuance and final file preparation. Pursuant to Contra Costa County Board of Supervisors Resolution Number 2013/340, where a fee payment is over 60 days past due, the application shall be charged interest at a rate of ten percent (10%) from the date of approval. The applicant may obtain current costs by contacting the project planner. A bill will be mailed to the applicant shortly after permit issuance in the event that additional fees are due. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 15 of 40 Indemnification 6. Pursuant to Government Code Section 66474.9, the applicant (including the subdivider or any agent thereof) shall defend, indemnify, and hold harmless the County, its agents, officers, and employees from any claim, action, or proceeding against the Agency (the County) or its agents, officers, or employees, to attack, set aside, void, or annul, the Agency’s approval concerning this subdivision map application, which action is brought within the time period provided in Section 66499.37. The County will promptly notify the subdivider of any such claim, action, or proceeding and cooperate full in the defense. Prior to recordation of the Final Map, or issuance of a grading or building permit, whichever occurs first, the applicant shall submit the indemnification agreement between the applicant and Contra Costa County for the review and approval of CDD. Inclusionary Housing Ordinance 7. This project is subject to the Inclusionary Housing Ordinance (IHO). Pursuant to Section 822-4.402 of the County Ordinance Code, a residential development of 30 for-sale units shall require at least fifteen percent of the for -sale units to be developed and sold as inclusionary units (units that are required to be sold at an affordable sales price to lower and moderate income households). The applicant is required to construct 4.50 inclusionary housing units for the project. Required inclusionary units: 30 for-sale units x 15% = 4.50 inclusionary units As an alternative to the requirement to construct inclusionary housing, the applicant has proposed the payment of a For-Sale Housing In-Lieu Fee. This alternative to collect an in-lieu fee, as established in DCD’s fee schedule, has been accepted. Prior to recordation of the Final Map, or issuance of a grading or building permit, whichever occurs first, the applicant shall pay to the County the full amount of the Inclusionary Housing Ordinance For-Sale Housing In-Lieu fee of $116,246.70. This project was deemed complete on July 16, 2018. The in-lieu fee is calculated as: $3,874.89/unit x 30 market rate units = $116,246.70 total in-lieu fee. This in-lieu fee is non-refundable. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 16 of 40 8. Should the applicant choose not to pay the in -lieu fee in full prior to the recordation of the Final Map or issuance of a grading or building permit, whichever occurs first, then the applicant must construct the required number of inclusionary units on-site, off-site, or a combination of both on-site and off-site. Compliance Report 9. At least 45 days prior to filing the Final Map or at the time of application for a grading or building permit, whichever occurs first, the applicant shall submit an application for a COA Compliance Review and provide a report on compliance with the conditions of approval for the review and approval by the CDD. The fee for this application is a deposit of $1,000.00 that is subject to time and material costs. Should staff costs exceed the deposit, additional fees will be required. The report shall identify all conditions of approval that are administered by the CDD. Unless otherwise indicated, the applicant will be required to demonstrate compliance with the applicable conditions of this report prior to filing the Final Map. A copy of the permit conditions of approval may be obtained from the CDD. Homeowners Association 10. Covenants, Conditions, and Restrictions (CC&Rs), Articles of Incorporation, and By- Laws for a mandatory homeowners association shall be submitted with the filing of the Final Map subject to review and approval of the CDD. These documents shall provide for establishment, ownership, and maintenance of the open space areas, drainage facilities, landscape easements, fire protection to include the Vegetation Management Plan, shared driveways, parking, fencing, noise barrier, and the establishment of signs. The documents shall notify purchasers that the project adjoins a restrictive riparian area. Additionally, the CC&Rs shall require occupants to maintain garage spaces in a manner, which makes them available for off-street parking. The documents shall be recorded with the Final Map. The documents shall be deed disclosures. Conservation Easement 11. Prior to the filing of the Final Map, the applicant shall submit to the CDD for review and approval, the final text of the conservation easement over open space Parcel A and storm drainage Parcel B, which shall include the following requirements: CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 17 of 40 A. The easement shall provide that no tree shall be altered or removed without prior written consent of the CDD. The CDD may allow the removal of trees upon the finding that the tree may be hazardous or may jeopardize the health of surrounding trees. B. The easement shall specify that no grading or development activity may occur within the easement area except as provided in Conditions #12.C, #12.D, and #12.E herein. In addition, the construction of structures including, but not limited to, buildings (regardless of whether a building permit is required), pools, and sports courts are prohibited. C. Grading is allowed within the easement area to install utilities and storm drainage facilities, and the maintenance access roads. D. Installation of a recreation facility pursuant to Condition of Approval #42 along with a path to the recreation facility shall be allowed within the easement area. E. Maintenance of vegetation within the easement area shall be allowed pursuant to the Vegetation Management Plan of Condition of Approval #12. The conservation easement shall be recorded with the Final Map. Vegetation Management Plan 12. Prior to the filing of the Final MapAt the time of application for a building permit, the applicant shall submit a Vegetation Management Plan for review and approval by the CDD, who may confer with the Fire Protection District on the Plan. The Plan shall incorporate the findings of a rare plant survey to be completed by a qualified botanist during the appropriate periods for detection of locally known rare plants between March and July, the year of project construction. The rare plant survey shall be subject to review and approval by the CDD, prior to incorporation in the Plan. If rare plants are found, mitigation shall include harvesting appropriate seeds or propogules and replanting the rare plant(s) in the open space areas dedicated as part of the project. Should any State or federally listed plant species be found during surveys, prior to implementing this mitigation measure, copies of any appropriate permits required from the California Department of Fish and Wildlife and/or U.S. Fish and Wildlife Service shall be provided to the CDD. The Plan shall include management of the open space areas of Parcel A and Parcel B, and the CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 18 of 40 restrictive riparian easement area. The Plan shall include measures to minimize fire and drainage hazards. The Plan shall be implemented initially by the applicant, and after the sale of homes, by the homeowners association. The homeowners association may update the Plan from time to time, subject to review and approval by the CDD. Park Impact Fee 13. Prior to the issuance of building permits, the applicant shall pay a fee of $8,129.00 for construction of a single-family residence on a subdivision parcel for park and recreation improvements in the area as established by the Board of Supervisors ; however, the actual fee amount collected shall be that which is applicable at the time of building permit issuance. Park Dedication Fee 14. Prior to the issuance of building permits, the applicant shall pay a fee of $4,489.00 for construction of a single-family residence on a subdivision parcel as in-lieu fees for dedication of parkland in the area as established by the Board of Supervisors; however, the actual fee amount collected shall be that which is applicable at the time of building permit issuance. The Park Dedication Fee paid may be applied as a credit towards the Park Impact Fee. Child Care 15. Prior to the issuance of building permits, the applicant shall pay a fee of $400.00 for construction of a single-family residence on a subdivision parcel for childcare facility needs in the area as established by the Board of Supervisors. Police Services District 16. Prior to the recordation of the Final Map, the owner of the property shall participate in the provision of funding to maintain and augment police services by voting to approve a special tax for the parcels created by this subdivision approval. The tax shall be per parcel annual amount (with appropriate future CPI adjustment) established at the time of voting by the Board of Supervisors. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 19 of 40 The election to provide for the tax shall be completed prior to filing the Final Map. The property owner shall be responsible for paying the cost of holding the election, payable at the time the election is req uested by the owner. Allow a minimum of three to four months for processing. Signs/Retaining Walls 17. All signs and retaining walls shall be subject to the review and approval of CDD. 18. The design, color(s) and location of any project sign at the entrance to the property shall be reviewed and approved by CDD. Lighting 19. At the time of application for a building permit, a lighting plan for proposed exterior lighting shall be submitted to the CDD for review and approval. The proposed exterior lighting of the residences and shared driveways shall be directed down so that lights shine away from adjacent properties and Balmore Court. Final Development Plan 20. The Preliminary Development Plan Permit includes approval of the preliminary design for the 30 single-family residences, subject to approval of a Final Development Plan. The applicant shall submit a Final Development Plan for review and approval of the Zoning Administrator as part of the COA Compliance Review. This review shall include evaluation of the relation of the vehicular and pedestrian paths to the final design and orientation of the court homes. The Zoning Administrator may require a public hearing if a substantial modification from the Preliminary Development Plan is requested. The Zoning Administrator may require the submittal of an application, if deemed necessary. Permitted Uses and Conditionally Permitted Uses 21. Permitted uses and conditionally permitted uses shall be those uses listed in County Code Section 84-4.402 and 84-4.404, respectively, as shown on Table 1, Balmore Court P-1 District. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 20 of 40 Development Standards 22. Development standards for lots, building height, yards, other improvements, and parking shall be those standards listed on Table 1, Balmore Court P-1 District. Landscaping and Water Efficient Landscape Ordinance 23. At the time of application of a grading or building permit, whichever occurs first, the applicant shall submit a final landscaping and irrigation plan for the subdivision, prepared by a licensed arborist or landscape architect for review and approval by the CDD. In preparing the landscaping and irrigation plan, the applicant shall comply with California Model Water Efficient Landscape Ordinance (Division 2, Title 23, California Code of Regulations, Chapter 2.7, Sections 490 through 495) and/or any State mandated landscape/water related requirements applicable for project landscaping. To the maximum extent feasible, the proj ect shall incorporate drought tolerant vegetation. Prior to requesting a final inspection for the building permit for the final single-family residence, the approved landscaping shall be installed and evidence of the installation (e.g., photos) shall be provided for the review and approval of CDD. Tree Removal and Restitution 24. A total of 13 protected trees, including a stand of seven redwood trees at the southwest corner of the site, a cluster of four willow and poplar trees near the redwoods, and a poplar tree and a stand of locust trees along the western boundary of the property, are approved for removal on the project site. As required restitution for the approved tree removal 28 trees shall be planted, subject to the following measures. A. Tree removal shall occur only with an approved grading or building permit. B. The final landscaping and irrigation plan required under Condition of Approval #23 shall provide for the planting of 28 California-recognized drought tolerant trees of 24” box size. The plan shall be accompanied by an estimate prepared by a licensed landscape architect or arborist of the materials and labor costs to complete the tree restitution (accounting for supply, delivery, and installation of trees and irrigation). CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 21 of 40 Table 1: Balmore Court P-1 District Item P-1 District - Lots 1 to 20 P-1 District - Lots 21 to 30 Uses Permitted Uses County Code Section 84-4.402, Uses - Permitted County Code Section 84-4.402, Uses - Permitted Conditionally Permitted Uses County Code Section 84-4.404, Uses - Requiring Land Use Permit County Code Section 84-4.404, Uses - Requiring Land Use Permit Lots Lot Area 3,200 sq. ft. minimum 3,500 sq. ft. minimum Lot Width 40 ft. average width minimum 40 ft. average width minimum Lot Depth 60 ft. minimum 80 ft. minimum Lot Coverage 50 percent (excludes porches) 50 percent (excludes porches and outdoor rooms) Building Height 2½ stories or 35 ft. maximum 2½ stories or 35 ft. maximum Yards Setback 15 ft. minimum to garage 10 ft. minimum to residence minimum to porch N.A. 20 ft. minimum to garage 15 ft. minimum to residence 10 ft. minimum to porch Side Yard 5 ft. minimum 10 ft. aggregate minimum 3ft. minimum for accessory structure with a 50 ft. minimum setback 5 ft. minimum 10 ft. aggregate minimum 3ft. minimum for accessory structure with a 50 ft. minimum setback Rear Yard 5 ft. minimum 3 ft. minimum for accessory structure 10 ft. minimum 3 ft. minimum for accessory structure Other Improvements Fence, wall, and hedge heights, swimming pools, portable buildings, shade structures, projections into yards and courts shall be consistent with the County Ordinance Code Fence, wall, and hedge heights, swimming pools, portable buildings, shade structures, projections into yards and courts shall be consistent with the County Ordinance Code Parking Off-Street Parking 2 parking spaces per lot 2 parking spaces per lot Parking Requirements 9 ft. x 19 ft. minimum, covered, outside of setback and side yard areas 9 ft. x 19 ft. minimum, covered, outside of setback and side yard areas Guest Parking 15 on-street parking spaces 2 parking spaces per lot, on driveways within setback areas Parking of Boats, Recreation Vehicles, Motor Homes Prohibited in setback areas Prohibited in setback areas CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 22 of 40 C. Prior to the issuance of the grading or building permit, the applicant shall submit a security that is acceptable to the CDD. The security shall include the amount of the approved cost estimate, plus a 20% inflation surcharge. D. At the time of submittal of the security, the applicant shall pay a tree security fee of $100 to cover all staff time and material costs of staff for processing t he tree security. E. The tree security shall be retained by the County for a minimum of 12 months up to 24 months beyond the date of the final inspection for the building permit for the final single-family residence was approved. A prerequisite of releasing the bond between 12 and 24 months shall be to have the applicant arrange for the consulting arborist to inspect the trees and to prepare a report on the trees’ health. The report shall be submitted for review by the CDD and shall include any additional measures necessary for preserving the health of the trees. These measures shall be implemented by the applicant. Any replacement tree that dies within the first two years of being planted shall be replaced by another tree of the same size. Landscape Easements 25 Prior to the filing of the Final Map, lLandscape easements shall be established on the residential parcels as necessary to accommodate the landscape planting, including the trees identified on the Preliminary Landscape Tree Plan. The easements shall be recorded with the deeds to the parcels. Maintenance of the landscape easements shall be the responsibility of the homeowners association pursuant to Condition of Approval #10. Air Quality 26 The following Bay Area Air Quality Management District, Basic Construction Mitigation Measures shall be implemented during project construction and shall be included on all construction plans. A. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. B. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 23 of 40 C. 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. D All vehicle speeds on unpaved roads shall be limited to 15 mph. E. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. F. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. G. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified visible emissions evaluator. H A publicly visible sign shall be posted on the property 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. This Condition of Approval implements Mitigation Measure Air Quality 1 of MND SCH 2018122029. Biology 27. If project site disturbance associated with future project construction commences between February 1 and August 31, a preconstruction nesting survey should be conducted on and adjacent to the project site by a qualified raptor biologist. The nesting survey should include examination of all trees within 500 feet of the entire project site, not just trees slated for removal since ground vibrations and loud noise can disrupt nearby nesting birds potentially causing them to abandon their nest/young. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 24 of 40 The nesting survey should be completed 15 days prior to commencing with any earth-work or construction. If no nesting raptors are found during these surveys, no further regard for nesting raptors will be necessary, provided construction commences within 14 days of the final survey. If construction is postponed for more than 14 days, it will be necessary to conduct a follow up survey to ensure that no new nesting has commenced in the project vicinity. No further pre-construction surveys will be required after project initiation. The raptor biologist shall submit a written report summarizing the preconstruction survey and any necessary follow up actions to the CDD. If nesting raptors are identified during the surveys, the dripline of the nest tree (that is, the outer limits of the branches) must be fenced with orange construction fencing (provided the tree is on the project site), a nd a 300-foot radius around the nest tree must be staked with orange construction fencing to indicate to construction personnel this is a "no work zone" or nondisturbance buffer. If the nest tree is located off the project site, then the buffer should be demarcated per above where the buffer occurs on the project site. The size of the buffer may be altered if the qualified raptor biologist conducts behavioral observations during the earth/construction work and determines the nesting raptors are well acclimated to disturbance. If this occurs, the raptor biologist shall prescribe a modified buffer that allows sufficient room to prevent undue disturbance/harassment to the nesting raptors. The buffers shall be maintained in place through the month of August and work within the buffer can commence on September I, unless the qualified raptor biologist determines that the young have fledged (that is, left the nest) and have attained sufficient flight skills to avoid project construction zones. This typically occurs by July 15. This date may be earlier or later, and would have to be determined by the qualified raptor biologist. If an early nesting survey identifies a large stick or other type of raptor nest that is inactive at the time of the survey, but that was evidently used in the previous year (as evidenced by condition of the nest and possibly presence of whitewash and/or feathers/down on the nest), a protection buffer (as described above) shall be established around the potential nesting tree. This buffer sha ll remain until a second follow-up nesting survey can be conducted to determine the status of the nest and eliminate the possibility that the nest is utilized by a late- spring nesting raptor (for example, Cooper's hawk). This second survey shall commence even if construction has commenced. If during the follow-up late CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 25 of 40 season nesting survey a nesting raptor is identified utilizing the nest, the protection buffer shall remain until it is determined by the qualified raptor biologist that the young have fledged and have attained sufficient flight skills to avoid project construction zones. If the nest remains inactive, the protection buffer can be removed and construction and earth moving activities can proceed unrestrained. If buffers are removed prior to September 1, the qualified raptor biologist shall prepare a report that provides details about the nesting outcome and the removal of buffers. This report shall be submitted to the CDD prior to the time that nest protection buffers are removed. This Condition of Approval implements Mitigation Measure Biology 1 of MND SCH 2018122029. 28. If project site disturbance associated with future project construction commences between February 1 and August 31, a preconstruction nesting survey should be conducted on the project site by a qualified ornithologist. The nesting survey should be completed 15 days prior to commencing with any earth-work or construction. If construction is postponed for more than 14 days, it will be necessary to conduct a follow up survey to ensure that no new nesting has commenced in the project vicinity. No further pre-construction surveys will be required after project initiation. . The ornithologist shall submit a written report summarizing the preconstruction survey and any necessary follow up actions shall be submitted to the CDD. If common, not special-status birds, (e.g., mourning dove) are identified nesting on the project site, a non-disturbance buffer of 75 feet shall be established or as otherwise prescribed by the qualified ornithologist. The buffer shall be demarcated with painted orange lath or via the installation of orange construction fencing. Disturbance within the buffer shall be postponed until it is determined by the qualified ornithologist that the young have fledged and have attained sufficient flight skills to leave the area or that the nesting cycle has otherwise completed. If special-status birds are identified nesting on the project site, a non- disturbance buffer of 100 feet shall be established or as oth erwise prescribed by the qualified ornithologist. The buffer shall be demarcated with painted orange lath or via the installation of orange construction fencing. Disturbance CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 26 of 40 within the buffer shall be postponed until it is determined by the qualified ornithologist that the young have fledged and have attained sufficient flight skills to leave the area or that the nesting cycle has otherwise completed. Many species can complete nesting by the end of June or in early to mid -July. Regardless, nesting buffers shall be maintained until September 1 unless a qualified ornithologist determines that young have fledged and are independent of their nests at an earlier date. If buffers are removed prior to September 1, the qualified ornithologist conducting the nesting surveys shall prepare a report that provides details about the nesting outcome and the removal of buffers. This report shall be submitted to the CDD prior to the time that nest protection buffers are removed. This Condition of Approval implements Mitigation Measure Biology 2 of MND SCH 2018122029. Cultural Resources 29. The following measures shall be implemented during project construction. A. A program of on-site education to instruct all construction personnel in the identification of prehistoric and historic deposits shall be conducted by a certified archaeologist prior to the start of any grading or construction activities. B. If archaeological materials are uncovered during grading, trenching, or other onsite excavation, all work within 30 yards of these materials shall be stopped until a professional archaeologist who is certified by the Society for California Archaeology (SCA) and/or the Society of Professional Archaeology (SOPA), and the Native American tribe that has requested consultation and/or demonstrated interest in the project site, have had an opportunity to evaluate the significance of the find and suggest appropriate mitigation(s) if deemed necessary. This Condition of Approval implements Mitigation Measure Cultural Resources 1 of MND SCH 2018122029. 30. Should human remains are uncovered during grading, trenching, or other on -site excavation(s), earthwork within 30 yards of these materials shall be stopped until CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 27 of 40 the County coroner has had an opportunity to evaluate the significance of the human remains and determine the proper treatment and disposition of the human remains. If the coroner determines the remains may those of a Native American, the coroner will contact the Native American Heritage Commission and the Native American tribe that has requested consultation and/or demonstrated interest in the project site. This Condition of Approval implements Mitigation Measure Cultural Resources 2 of MND SCH 2018122029. Geology and Soils 31. At least 60 days prior to the issuance of a grading permit, the applicant shall submit a Remedial Grading Plan for review by the County Peer Review Geologist, and review and approval by the CDD. The plan shall address (i) residential, street extension, driveway, and bio-retention area construction, (ii) undergrounding of utilities, (iii) the siting and design of the bio -retention area (C.3 basin), (iv) the design of the drainage ditch on Parcel A for the mid-slope terrace for the slope that exceeds 30 feet in height, and (v) expansive and corrosive soils, The report shall provide appropriate recommendations to mitigate any potential hazards that are confirmed to be present. This Condition of Approval implements Mitigation Measure Geology 1 of MND SCH 2018122029. 32. Following rough grading, and at least 30 days prior to the issuance of the first building permit, the applicant shall submit a Grading Completion Report from the project geotechnical engineer, to be submitted to the County and kept on file. That report shall document the inspections performed, and including the results of ASTM testing of fill (including location and approximate depth of each test). Additionally report shall provide (i) an as-graded plan showing the approximate location of subdrains, and the subdrain cleanouts and outfalls; and (ii) a professional opinion on the compliance of grading with the recommendations in the geotechnical report and supporting documents (e.g. Remedial Grading Plan). The Grading Completion Report shall identify the materials encountered during grading that were deemed unsuitable for incorporation into an engineered fill and describe the approach to disposal of such materials. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 28 of 40 This Condition of Approval implements Mitigation Measure Geology 2 of MND SCH 2018122029. 33. Following the issuance of a building permit, the project geotechnical engineer shall provide observation and testing services to insure that the construction is in compliance with recommendations in the approved Remedial Grading Plan. The project geotechnical engineer shall provide recommendations for any modification to approved plans that are deemed necessary based on the actual field conditions encountered during grading. Written approval from the Contra Costa County Building Inspection Division shall be obtained prior to any modification. Documentation of the observation and testing services, as well as other project details, for each residence shall be presented in a final geotechnical report, to be submitted to the County and kept on file, p rior to requesting the final building inspection. Alternatively, if several residences are development concurrently, the geotechnical report may address the group of residences that are developed concurrently. This Condition of Approval implements Mitigation Measure Geology 3 of MND SCH 2018122029. 34. At least 30 days prior to the issuance of a grading permit and each building permit, a construction period erosion and sedimentation control plan that is in compliance with applicable construction period requirements of the State Water Resources Control Board and the San Francisco Bay Regional Water Quality Control Board shall be included in the submitted construction drawings, and implemented during construction. This Condition of Approval implements Mitigation Measure Geology 4 of MND SCH 2018122029. Hydrology and Water Quality 35. The applicant shall obtain coverage under the State Water Resources Control Board Construction General Permit prior to commencement of co nstruction activities that disturb greater than one acre of area. To obtain coverage, the applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP), and file a Notice of Intent with a vicinity map and the appropriate permit fee with the SWRCB. The SWPPP shall include erosion control measures to ensure that all effects of the project remain above the drainage channel along the eastern boundary of CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 29 of 40 the project site. Measures such as installation of silt fencing, wildlife friendly hay wattles (that is, no monofilament netting on the wattles), and hay bale barriers backed by chain link fencing installed under the supervision of the project engineer will ensure that accidental fill or excavated material does not enter the drainage channel. Additionally, there is garbage, tree stumps and downed wood in the drainage channel that should be removed from the channel to prevent this debris and garbage from flowing downstream and plugging up the storm drain system. The applicant shall submit evidence that coverage from the SWRCB has been obtained to the CDD prior to the issuance of a grading or building permit. This Condition of Approval implements Mitigation Measure Hydrology 1 of MND SCH 2018122029. 36. Prior to the filing of the Final Map, the applicant shall submit a bio-retention area maintenance plan for review and approval by the CDD. The maintenance plan shall identify the features to be monitored, provide a monitoring schedule for the timing of the required monitoring (number of times per year, and during which months), along with inspections following each major rain storm. Additionally, it shall provide a form to be used by the individual selected to perform monitoring which includes each item requiring inspection, along with the recommendation of the monitor, monitor's signature, contact information, and a distribution list for the inspection report. The bio-retention area maintenance plan shall be recorded with the deed for each residential parcel at the time of recording of the Final Map This Condition of Approval implements Mitigation Measure Hydrology 2 of MND SCH 2018122029. Noise 37. Prior to the filing of the Final MapAt the time if application for the first building permit, the applicant shall submit plans for a noise barrier along the northern property boundary, such as a masonry wall, to reduce noise levels by 5 to 10 dBA. The plans shall be included in the construction drawings for the first building permit. The noise barrier shall be installed prior to the final inspection for the first building permit. This Condition of Approval implements Mitigation Measure Noise 1 of MND SCH 2018122029. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 30 of 40 38. Within 30 days after installation of the noise barrier, the applicant shall submit evidence for review and approval of CDD staff confirming that the noise barrier meets acceptable exterior noise level standards as established in the Noise and Land Use Compatibility Guidelines in the Noise Element of the County General Plan. The evidence shall be noise monitoring data recorded on the site at the nearest residence. In the event the acceptable exterior noise level standards are exceeded, the applicant shall install a replacement noise barrier to reduce noise to acceptable exterior noise level standards. The applicant shall then submit noise monitoring data recorded on the site at the nearest residence to validate the corrected noise levels. This Condition of Approval implements Mitigation Measure Noise 2 of MND SCH 2018122029. 39. Building plans for the residences shall include wall construction with a minimum rating of STC-46, along with windows with a minimum rating of STC-25 to meet the California Administrative Code, Noise Insulation Standards. These plans shall be included in the construction drawings. This Condition of Approval implements Mitigation Measure Noise 3 of MND SCH 2018122029. 40. Vibration rollers shall not be used for construction at any time. All construction drawings shall include this restriction. This Condition of Approval implements Mitigation Measure Noise 4 of MND SCH 2018122029. 41. The following noise reduction measures shall be implemented during project construction. The noise reduction measures shall be included on all construction drawings. A. The applicant shall make a good faith effort to minimize project-related disruptions to adjacent properties, and to uses on the site. This shall be communicated to all project-related contractors. B. The applicant shall require their contractors and subcontractors to fit all internal combustion engines with mufflers which are in good condition and shall locate stationary noise-generating equipment such as air compressors as far away CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 31 of 40 from existing residences as possible. C. The site shall be maintained in an orderly fashion. Following the cessation of construction activity, all construction debris shall be removed from the site. D. A publicly visible sign shall be posted on the property with the telephone number and person to contact regarding construction-related complaints. This person shall respond and take corrective action within 24 hours. The Department of Conservation and Development phone number shall also be visible to ensure compliance with applicable regulations. E. Large trucks and heavy equipment are subject to the same restrictions that are imposed on construction activities, except that the hours are limited to 9:00 AM to 4:00 PM. F. All construction activities shall be limited to the hours of 8:00 A.M. to 5:00 P.M., Monday through Friday, and are prohibited on state and federal holidays on the calendar dates that these holidays are observed by the state or federal government as listed below: New Year’s Day (State and Federal) Birthday of Martin Luther King, Jr. (State and Federal) Washington’s Birthday (Federal) Lincoln’s Birthday (State) President’s Day (State and Federal) Cesar Chavez Day (State) Memorial Day (State and Federal) Independence Day (State and Federal) Labor Day (State and Federal) Columbus Day (State and Federal) Veterans Day (State and Federal) Thanksgiving Day (State and Federal) Day after Thanksgiving (State) Christmas Day (State and Federal) CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 32 of 40 For specific details on the actual day the State and Federal holidays occur, please visit the following websites: Federal Holidays: www.federalreserve.gov/aboutthefed/k8.htm California Holidays: www.sos.ca.gov/holidays.htm This Condition of Approval implements Mitigation Measure Noise 5 of MND SCH 2018122029. Recreation 42. At the time of application for a grading permit, the applicant shall provide an area on the project site for recreational facilities or contribute a fair share to nearby recreational facilities. As proposed, the subdivision includes a 80,255 sq. open space parcel and a 15,884 sq. ft. storm drainage parcel. Inclusion of a tot lot, playground, or other recreational facility on a portion of either parcel could be used to meet this requirement. CDD and Public Works staff shall review the onsite recreational facility for compliance with the County C.3 requirements to ensure that the impact of the onsite recreational facility on storm water drainage would be less than significant. The onsite recreational facility shall be included on all construction drawings. This Condition of Approval implements Mitigation Measure Recreation 1 of MND SCH 2018122029. Construction 43. Contractor and/or developer shall comply with the following construction, noise, dust and litter control requirements. A. A dust and litter control program shall be submitted for the review and approval of the Community Development Division staff. Any violation of the approved program or applicable ordinances shall require an immediate work stoppage. Construction work shall not be allowed to resume until, if necessary, an appropriate construction bond has been posted. B. The site shall be maintained in an orderly fashion. Following the cessation of construction activity, all construction debris shall be removed from the site. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 33 of 40 Debris Recovery 44. At least 15 days prior to the issuance of a grading permit or building permit, the developer shall demonstrate compliance with the Debris Recovery CalGreen program. Street Name(s) 45. Prior to the recordation of the Final Map, proposed street name(s) shall be submitted for review by the Department of Conservation and Development, GIS/Mapping Section. The Final Map cannot be certified by CDD without the approved street name(s). PUBLIC WORKS CONDITIONS OF APPROVAL FOR COUNTY FILE SD17-9478 The applicant shall comply with the requirements of Title 8, Title 9, and Title 10 of the Ordinance Code. Any exception(s) must be stipulated in these Conditions of Approval. The Conditions of Approval are based on the Vesting Tentative Map submitted to the Department of Conservation and Development on March 4, 2019. The applicant shall comply with the following conditions of approval prior to filing the Final Map. General Requirements 46. In accordance with Section 92-2.006 of the Ordinance Code, this subdivision shall conform to all applicable provisions of the Subdivision Ordinance (Title 9). Any exceptions therefrom must be specifically listed in this conditional approval statement. The drainage, road and utility improvements outlined below shall require the review and approval of the Public Works Department and are based on the Vesting Tentative Map received by the Department of Conservation and Development, Community Development Division, on March 4, 2019. 47. The applicant shall submit improvement plans prepared by a registered civil engineer to the Public Works Department and pay appropriate fees in accordance with the County Ordinance and these conditions of approval. The below conditions of approval are subject to the review and approval of the Public Works Department. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 34 of 40 Roadway Improvements (Balmore Court) 48. The applicant shall construct curb, necessary longitudinal and transverse drainage, street lighting, pavement widening, overlay and transitions along Balmore Court from the subdivision boundary to the existing curb approximately 75 feet north of Lindell Drive. Curb to curb street width shall generally vary between 28 andbe 32 feet with a 20-foot transition to conform to the existing 25-foot wide improved street as shown on tentative map sheet TM06. 5-foot wide monolithic sidewalk (width measured from face of curb) shall be constructed along the southeast side of the street. Any additionalnecessary signage, striping, traffic calming or safety improvements shall be constructed as directed by the Public Works Department and Fire District. Exceptions (Subject to Advisory Agency findings and approval) The applicant shall construct the on-site portion of Balmore Court to County public minor street standards and convey to the County, by Offer of Dedication, 50 feet of right-of-way. Sidewalks shall be monolithic with the curb. Access to Adjoining Property Proof of Access 49. The applicant shall furnish proof to the Public Works Department of the acquisition of all necessary rights of way, rights of entry, permits and/or easements for the construction of off-site, temporary or permanent, public and private road and drainage improvements. 50. The applicant shall furnish proof to the Public Works Department that legal access to the property is available from the existing terminus of Balmore Court. Encroachment Permit 51. The applicant shall obtain an encroachment permit from the Application and Permit Center for construction of driveways or other improvements within the right-of-way of Balmore Court. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 35 of 40 Road Alignment/lntersection Design/Sight Distance Sight Distance 52. The applicant shall provide sight distance at the intersection of the private streets with Balmore Court in accordance with Chapter 82 -18 "Sight Obstructions at Intersections" of the County Ordinance Code. The applicant shall trim vegetation, as necessary, to provide sight distance at this intersection, and any new signage, landscaping, fencing, retaining walls, or other obstructions proposed at this intersection shall be setback to ensure that the sight line is clear of any obstructions. Private Roads 53. The applicant shall construct a paved turnaround at the end of the proposed private roads serving Lots 1-20. 54. The applicant shall construct the on-site roadways and the internal road network serving Lots 1-20 to current County private road standards with a minimum traveled width of 20 feet, within a 25-foot access easement. Said roads are also subject to the review of the Fire District. Although the proposed on -site roadways are to remain private, the pavement structural section shall conform to County public road standards. 55. All driveway centerlines shall intersect Balmore Court perpendicular to the face of curb. Bicycle - Pedestrian Facilities Pedestrian Access 56. Curb ramps and driveways shall be designed and constructed in accordance with current County standards. A detectable warning surface (e.g. truncated domes) shall be installed on all curb ramps. Adequate right-of-way shall be dedicated at the curb returns to accommodate the returns and curb ramps; accommodate a minimum 4-foot landing on top of any curb ramp proposed. 57. The applicant shall design all public and private pedestrian facilities in accordance with Title 24 (Handicap Access) and the Americans with Disabilities Act. This shall CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 36 of 40 include all sidewalks, paths, driveway depressions, and curb ramps. Parking 58. Parking shall be prohibited on one side of on-site roadways where the curb-to- curb width is less than 36 feet and on both sides of on -site roadways where the curb-to-curb width is less than 28 feet. "No Parking" signs shall be installed along these portions of the roads subject to the review and approval of the Public Works Department. Utilities/Undergrounding 59. All new utility distribution facility services shall be installed underground. The developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television and communication conduits and cables including the size, location and details of all trenches, locations of building ut ility sen/ice stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. The composite drawings and/or utility improvement plans shall be signed by a licensed civil engineer. Drainage Improvements Collect and Convey 60. The applicant shall collect and convey all stormwater entering and/or originating on this property, without diversion and within an adequate storm drainage system, to an adequate natural watercourse having definable bed and banks, or to an existing adequate public storm drainage system which conveys the stormwater to an adequate natural watercourse, in accordance with Division 914 of the Ordinance Code. 61. The existing storm drain facility near the northeast corner of the subject property has been reviewed by the applicant's engineer and has been determined to be an acceptable point of discharge for stormwater runoff from this subdivision. Miscellaneous Drainage Requirements 62. The applicant shall design and construct all storm drainage facilities in compliance CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 37 of 40 with the Ordinance Code and Public Works Department design standards. 63. The applicant shall prevent storm drainage from draining across the sidewalk(s) and driveway(s) in a concentrated manner. 64. The property owner shall dedicate a public drainage easement over any man-made drainage system which conveys stormwater run-off from public streets, including stormwater management facilities. 65. Private storm drain easements, conforming to the width specified in Section 914 - 14.004 of the County Ordinance Code, shall be dedicated over all storm drains traversing the "numbered lots" of the subdivision. 66. All storm drains within the public street right-of-way shall have a minimum diameter of 18-inches. National Pollutant Discharge Elimination System (NPDES) 67. The applicant shall be required to comply with all rules, regulations and procedures of the National Pollutant Discharge Elimination System (NPDES) for municipal, construction and industrial activities as promulgated by the California State Water Resources Control Board, or any of its Regional Water Quality Control Boards (San Francisco Bay - Region Il). 68. Compliance shall include developing long-term best management practices (BMPs) for the reduction or elimination of stormwater pollutants. The project design shall incorporate wherever feasible, the following long-term BMPs in accordance with the Contra Costa Clean Water Program for the site's stormwater drainage:  Minimize the amount of directly connected impervious surface area.  Install approved full trash capture devices on all catch basins (excluding catch basins within bio-retention basins) as reviewed and approved by Public Works Department. Trash capture devices shall meet the requirements of the County's NPDES permits.  Place advisory warnings on all catch basins and storm drains using current storm drain markers. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 38 of 40  Construct concrete driveway weakened plane joints at angles to assist in directing run-off to landscaped/pervious areas prior to entering the street curb and gutter.  Other alternatives comparable to the above as approved by Public Works Department.  Distribute public information items regarding the Clean Water Program and lot specific IMPS to buyers. Stormwater Management and Discharge Control Ordinance 69. The applicant shall submit a FINAL Storm Water Control Plan (SWCP) and a Stormwater Control Operation and Maintenance Plan (0+M Plan) to the Public Works Department, which shall be reviewed for compliance with the County ’s National Pollutant Discharge Elimination System (NPDES) Permit and shall be deemed consistent with the County's Stormwater Management and Discharge Control Ordinance (§1014) prior to filing of the final map. To the extent required by the NPDES Permit, the Final Stormwater Control Plan and the 0+M Plan will be required to comply with NPDES Permit requirements that have recently become effective that may not be reflected in the preliminary SWCP and 0+M Plan. All time and materials costs for review and preparation of the SWCP and the 0+M Plan shall be borne by the applicant. 70. Improvement Plans shall be reviewed to verify consistency with the final SWCP and compliance with Provision C.3 of the County's NPDES Permit and the County's Stormwater Management and Discharge Control Ordinance (§1014). 71. Stormwater management facilities shall be subject to inspection by the Public Works Department staff; all time and materials costs for inspection of stormwater management facilities shall be borne by the applicant. 72. Prior to filing of the final map, the property' owner(s) shall enter into a standard Stormwater Management Facility Operation and Maintenance Agreement with Contra Costa County, in which the property owner(s) shall accept responsibility for and related to operation and maintenance of the stormwater facilities, including facilities jointly accepting runoff from public street rights of way, and grant access to relevant public agencies for inspection of stormwater management facilities. 73. Prior to filing of the final map the property owner(s) shall annex the subject property into Community Facilities District (CFD) No. 2007 -1 (Stormwater CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 39 of 40 Management Facilities), which funds responsibilities of Contra Costa County under its NPDES Permit to oversee the ongoing operation and maintenance of stormwater facilities by proper owners. 74. Any proposed water quality features that are designed to retain water for longer than 72 hours shall be subject to the review of the Contra Costa Mosquito & Vector Control District. ADVISORY NOTES PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL, BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL. ADVISORY NOTES ARE PROVIDED FOR THE PURPOSE OF INFORMING THE APPLICANT OF ADDITIONAL ORDINANCE AND OTHER LEGAL REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED WITH DEVELOPMENT. A. NOTICE OF 90-DAY OPPORTUNITY TO PROTEST FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS PERTAINING TO THE APPROVAL OF THIS PERMIT. This notice is intended to advise the applicant that pursuant to Government Code Section 66000, et. seq, the applicant has the opportunity to protest fees, dedications, reservations, and/or exactions required as part of this project approval. The opportunity to protest is limited to a ninety-day (90) period after the project is approved. The 90-day period in which you may protest the amount of any fee or imposition of any dedication, reservation, or other exaction required by this approved permit, begins on the date this permit was approved. To be valid, a protest must be in writing pursuant to Government Code Section 66020 and delivered to the CDD within 90-days of the approval date of this permit. B. The applicant shall submit building plans to the Building Inspection Division and comply with Division requirements. It is advisable to check with the Division prior to requesting a building permit or proceeding with the project. C. The applicant is responsible for contacting the Health Services Department Environmental Health Division regarding its requirements and permits. CPC – August 28, 2019 SD17-9478, RZ17-3239, DP17-3054 Page 40 of 40 D. The applicant must submit building plans to the Contra Costa County Fire Protection District and comply with its requirements. The applicant is advised that plans submitted for a building permit must receive prior approval and be stamped by the Fire Protection District. E. The applicant must submit building plans to the West County Wastewater District and comply with its requirements. The applicant is advised that plans submitted for a building permit must receive prior approval and be stamped by the Wastewater District. F. The applicant must comply with applicable requirements of the East Bay Municipal Utility District. G. The applicant is responsible for contacting the Contra Costa Mosquito & Vector Control District regarding its requirements and permits. H. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinances for the West Contra Costa (WCC) Transit/Pedestrian, West Contra Costa Transportation Advisory Committee (WCCTAC) Bridge/Road, and El Sobrante Areas of Benefit as adopted by the Board of Supervisors. I. This project may be subject to the requirements of the Department of Fish and Wildlife. It is the applicant's responsibility to notify the Department of Fish and Wildlife, P.O. Box 47, Yountville, California 94599, of any proposed construction within this development that may affect any fish and wildlife resources, per the Fish and Wildlife Code. J. This project may be subject to the requirements of the Army Corps of Engineers. It is the applicant's responsibility to notify the appropriate district of the Corps of Engineers to determine if a permit is required, and if it can be obtained, Mitigation Monitoring Program Balmore Court Single-Family Residential Project County Files SD17-9478, RZ17-3239, DP17-3054 Balmore Court El Sobrante, CA 94803 March 27, 2019 Abbreviations: Mitigation Monitoring Program Condition of Approval (COA) SD17-9478, RZ17-3239, DP17-3054 Community Development Division (CDD) Page 2 of 24 SECTION 3: AIR QUALITY Potentially Significant Impacts: (d) Construction and grading activities would produce combustion emissions from various sources. Although grading and construction activities would be temporary, such activities could have a potentially significant impact during project construction. (e) Diesel powered vehicles and equipment used on the site could create localized odors that may affect persons within ¼ mile of the project site. These odors would be temporary; however, there could be a potentially significant impact during project construction due to the creation of objectionable odors. Mitigation Measure: Air Quality 1: The following Bay Area Air Quality Management District, Basic Construction Mitigation Measures shall be implemented during project construction and shall be included on all construction plans. 1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. 2. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. 3. 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. 4. All vehicle speeds on unpaved roads shall be limited to 15 mph. 5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. 6. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. 7. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified visible emissions evaluator. 8. A publicly visible sign shall be posted on the property 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. Implementing Action: COA Timing of Verification: Prior to CDD approval of construction documents (with COA compliance review); field review during construction. Abbreviations: Mitigation Monitoring Program Condition of Approval (COA) SD17-9478, RZ17-3239, DP17-3054 Community Development Division (CDD) Page 3 of 24 Responsible Department or Agency: Project sponsor, contractor, CDD, and Building Inspection Division. Compliance Verification: CDD review and approval of construction documents; verification by contractor and Building Inspection Division. Abbreviations: Mitigation Monitoring Program Condition of Approval (COA) SD17-9478, RZ17-3239, DP17-3054 Community Development Division (CDD) Page 4 of 24 SECTION 4: BIOLOGICAL RESOURCES Potentially Significant Impact: (a) and (d) Special status raptors such as the white-tailed kite, a California “fully protected” species, and other California raptors such as the red-tailed hawk and the red- shouldered hawk, could nest on or adjacent to the project site, and therefore, could be affected by onsite construction activity if the work were to take place during the Februar y 1 through August 31 nesting season. Accordingly, construction and grading activities for the development of the single -family residences, the extension of Balmore Court, and the installation of storm water drainage facilities, could have a potentially significant impact on nesting raptors. Mitigation Measure: Biology 1: If project site disturbance associated with future project construction commences between February 1 and August 31, a preconstruction nesting survey should be conducted on and adjacent to the project site by a qualified raptor biologist. The nesting survey should include examination of all trees within 500 feet of the entire project site, not just trees slated for removal since ground vibrations and loud noise can disrupt nearby nesting birds potentially causing them to abandon their nest/young. The nesting survey should be completed 15 days prior to commencing with any earth-work or construction. If no nesting raptors are found during these surveys, no further regard for nesting raptors will be necessary, provided construction commences within 14 days of the final survey. If construction is postponed for more than 14 days, it will be necessary to conduct a follow up survey to ensure that no new nesting has commenced in the project vicinity. No further pre-construction surveys will be required after project initiation. The raptor biologist shall submit a written report summarizing the preconstruction survey and any necessary follow up actions to the CDD. If nesting raptors are identified during the surveys, the dripline of the nest tree (that is, the outer limits of the branches) must be fenced with orange construction fencing (provided the tree is on the project site), and a 300-foot radius around the nest tree must be staked with orange construction fencing to indicate to construction personnel this is a "no work zone" or nondisturbance buffer. If the nest tree is located off the project site, then the buffer should be demarcated per above where the buffer occurs on the project site. The size of the buffer may be altered if the qualified raptor biologist conducts behavioral observations during the earth/construction work and determines the nesting raptors are well acclimated to disturbance. If this occurs, the raptor biologist shall prescribe a modified buffer that allows sufficient room to prevent undue disturbance/harassment to the nesting raptors. The buffers shall be maintained in place through the month of August and work within the buffer can commence on September I, unless the qualified raptor biologist determines that the young have fledged (that is, left the nest) and have attained sufficient flight skills to avoid project construction zones. This typically occurs by July 15. This date may be earlier or later, and would have to be determined by the qualified raptor biologist. If an early nesting survey identifies a large stick or other type of raptor nest that is inactive at the time of the survey, but that was evidently used in the previous year (as evidenced by condition of the nest and Abbreviations: Mitigation Monitoring Program Condition of Approval (COA) SD17-9478, RZ17-3239, DP17-3054 Community Development Division (CDD) Page 5 of 24 possibly presence of whitewash and/or feathers/down on the nest), a protection buffer (as described above) shall be established around the potential nesting tree. This buffer shall remain until a second follow-up nesting survey can be conducted to determine the status of the nest and eliminate the possibility that the nest is utilized by a late-spring nesting raptor (for example, Cooper's hawk). This second survey shall commence even if construction has commenced. If during the follow-up late season nesting survey a nesting raptor is identified utilizing the nest, the protection buffer shall remain until it is determined by the qualified raptor biologist that the young have fledged and have attained sufficient flight skills to avoid project construction zones. If the nest remains inactive, the protection buffer can be removed and construction and earth moving activities can proceed unrestrained. If buffers are removed prior to September 1, the qualified raptor biologist shall prepare a report that provides details about the nesting outcome and the removal of buffers. This report shall be submitted to the CDD prior to the time that nest protection buffers are removed. Implementing Action: COA Timing of Verification: Prior to active construction phases; field review during construction. Responsible Department or Agency: Project sponsor, contractor, project biologist, CDD, and Building Inspection Division. Compliance Verification: CDD review and approval of preconstruction surveys and monitoring certification; verification by contractor, project biologist, CDD, and Building Inspection Division. Potentially Significant Impact: (d) Nesting passerine birds could be affected by construction activity on the ruderal herbaceous plant community. Thus, the project could have a potentially significant impact on nesting passerine birds. Mitigation Measure: Biology 2: If project site disturbance associated with future project construction commences between February 1 and August 31, a preconstruction nesting survey should be conducted on the project site by a qualified ornithologist. The nesting survey should be completed 15 days prior to commencing with any earth-work or construction. If construction is postponed for more than 14 days, it will be necessary to conduct a follow up survey to ensure that no new nesting has commenced in the project vicinity. No further pre-construction surveys will be required after project initiation. . The ornithologist shall submit a written report summarizing the preconstruction survey and any necessary follow up actions shall be submitted to the CDD. If common, not special-status birds, (e.g., mourning dove) are identified nesting on the project site, a non-disturbance buffer of 75 feet shall be established or as otherwise prescribed by the qualified ornithologist. The buffer shall be demarcated with painted orange lath or via the install ation of orange Abbreviations: Mitigation Monitoring Program Condition of Approval (COA) SD17-9478, RZ17-3239, DP17-3054 Community Development Division (CDD) Page 6 of 24 construction fencing. Disturbance within the buffer shall be postponed until it is determined by the qualified ornithologist that the young have fledged and have attained sufficient flight skills to leave the area or that the nesting cycle has otherwise completed. If special-status birds are identified nesting on the project site, a non-disturbance buffer of 100 feet shall be established or as otherwise prescribed by the qualified ornithologist. The buffer shall be demarcated with painted orange lath or via the installation of orange construction fencing. Disturbance within the buffer shall be postponed until it is determined by the qualified ornithologist that the young have fledged and have attained sufficient flight skills to leave the area or that the nesting cycle has otherwise completed. Many species can complete nesting by the end of June or in early to mid-July. Regardless, nesting buffers shall be maintained until September 1 unless a qualified ornithologist determines that young have fledged and are independent of their nests at an earlier date. If buffers are removed prior to September 1, the qualified ornithologist conducting the nesting surveys shall prepare a report that provides details about the nesting outcome and the removal of buffers. This report shall be submitted to the CDD prior to the time that nest protection buffers are removed. Implementing Action: COA Timing of Verification: Prior to active construction phases; field review during construction. Responsible Department or Agency: Project sponsor, contractor, project biologist/ornithologist, CDD, and Building Inspection Division. Compliance Verification: CDD review and approval of preconstruction surveys and monitoring certification; verification by contractor, project biologist/ornithologist, CDD, and Building Inspection Division. Abbreviations: Mitigation Monitoring Program Condition of Approval (COA) SD17-9478, RZ17-3239, DP17-3054 Community Development Division (CDD) Page 7 of 24 SECTION 5: CULTURAL RESOURCES Potentially Significant Impact: (b) There is a possibility that buried archaeological resources could be present and accidental discovery could occur during grading and other earthwork on the project site, resulting in a potentially significant adverse environmental impact on archaeological resources. (c) There is a possibility that buried fossils and other paleontological resources could be present and accidental discovery could occur during grading and other earthwork on the project site, resulting in a potentially significant adverse environmental impact on paleontological resources. Mitigation Measure: Cultural Resources 1: The following Mitigation Measures shall be implemented during project construction. 1. A program of on-site education to instruct all construction personnel in the identification of prehistoric and historic deposits shall be conducted by a certified archaeologist prior to the start of any grading or construction activities. 2. If archaeological materials are uncovered during grading, trenching, or other onsite excavation, all work within 30 yards of these materials shall be stopped until a professional archaeologist who is certified by the Society for California Archaeology (SCA) and/or the Society of Professional Archaeology (SOPA), and the Native American tribe that has requested consultation and/or demonstrated interest in the project site, have had an opportunity to evaluate the significance of the find and suggest appropriate mitigation(s) if deemed necessary. Implementing Action: COA Timing of Verification: Prior to CDD approval of construction documents (with COA compliance review); field review during construction. Responsible Department or Agency: Project sponsor, contractor, project archaeologist, CDD, and Building Inspection Division. Compliance Verification: CDD review and approval of construction documents; verification by contractor, project archaeologist, and Building Inspection Division. Potentially Significant Impact: (d) There is a possibility that human remains could be present and accidental discovery could occur. Consequently, construction activities on the project site could result in a potentially significant adverse environmental impact due to disturbance of human remains. Mitigation Measure: Cultural Resources 2: Should human remains are uncovered during grading, trenching, or other on-site excavation(s), earthwork within 30 yards of these materials shall be stopped until the County coroner has had an opportunity to evaluate the significance of the human remains an d determine the proper Abbreviations: Mitigation Monitoring Program Condition of Approval (COA) SD17-9478, RZ17-3239, DP17-3054 Community Development Division (CDD) Page 8 of 24 treatment and disposition of the human remains. If the coroner determines the remains may those of a Native American, the coroner will contact the Native American Heritage Commission and the Native American tribe that has requested consultation and/or demonstrated interest in the project site. Implementing Action: COA Timing of Verification: Prior to CDD approval of construction documents (with COA compliance review); field review during construction. Responsible Department or Agency: Project sponsor, contractor, County coroner, CDD, and Building Inspection Division. Compliance Verification: CDD review and approval of construction documents; verification by contractor, County coroner, and Building Inspection Division. Abbreviations: Mitigation Monitoring Program Condition of Approval (COA) SD17-9478, RZ17-3239, DP17-3054 Community Development Division (CDD) Page 9 of 24 SECTION 6: GEOLOGY AND SOILS Potentially Significant Impact: (a.iv) and (c) Due to the presence of unstable surficial deposits of colluvium and fill, there is a potential for shallow slope failures, soil creep, erosion, and slumping. Thus, there would be a potentially significant impact due to landslides. Mitigation Measures: Geology 1: At least 60 days prior to the issuance of a grading permit, the applicant shall submit a Remedial Grading Plan for review by the County Peer Review Geologist, and review and approval by the CDD. The plan shall address (i) residential, street extension, driveway, and bio -retention area construction, (ii) undergrounding of utilities, (iii) the siting and design of the bio -retention area (C.3 basin), (iv) the design of the drainage ditch on Parcel A for the mid-slope terrace for the slope that exceeds 30 feet in height, and (v) expansive and corrosive soils, The report shall provide appropriate recommendations to mitigate any potential hazards that are confirmed to be present. Implementing Action: COA Timing of Verification: Prior to CDD approval of construction documents (with COA compliance review). Responsible Department or Agency: Project sponsor, project geotechnical engineer, County peer review geologist, and CDD. Compliance Verification: Submit Remedial Grading Plan to CDD for review; review and approval of report by County peer review geologist and CDD. Geology 2: Following rough grading, and at least 30 days prior to the issuance of the first building permit, the applicant shall submit a Grading Completion Report from the project geotechnical engineer, to be submitted to the County and kept on file. That report shall document the inspections performed, and including the results of ASTM testing of fill (including location and approximate depth of each test). Additionally report shall provide (i) an as-graded plan showing the approximate location of subdrains, and the subdrain cleanouts and outfalls; and (ii) a professional opinion on the compliance of grading with the recommendations in the geotechnical report and supporting documents (e.g. Remedial Grading Plan). The Grading Completion Report shall identify the materials encountered during grading that were deemed unsuitable for incorporation into an engineered fill and describe the approach to disposal of such materials. Implementing Action: COA Timing of Verification: Prior to issuance of first building permit. Responsible Department or Agency: Project sponsor, project geotechnical engineer, County peer review geologist, and CDD. Abbreviations: Mitigation Monitoring Program Condition of Approval (COA) SD17-9478, RZ17-3239, DP17-3054 Community Development Division (CDD) Page 10 of 24 Compliance Verification: Submit Grading Completion Report to CDD for review; review and approval of report by County peer review geologist and CDD. Geology 3: Following the issuance of a building permit, the project geotechnical engineer shall provide observation and testing services to insure that the construction is in compliance with recommendations in the approved Remedial Grading Plan. The project geotechnical engineer shall provide recommendations for any modification to approved plans that are deemed necessary based on the actual field conditions encountered during grading. Written approval from the Contra Costa County Building Inspection Division shall be obtained prior to any modification. Documentation of the observation and testing services, as well as other project details, for each residence shall be presented in a final geotechnical report, to be submitted to the County and kept on file, prior to requesting the final building inspection. Alternatively, if several residences are development concurrently, the geotechnical report may address the group of residences that are developed concurrently. Implementing Action: COA Timing of Verification: Field review during construction. Responsible Department or Agency: Project sponsor, project geotechnical engineer, Building Inspection Division, County peer review geologist, and CDD. Compliance Verification: Verification by project geotechnical engineer, Building Inspection Division, and County peer review geologist. Submit final geotechnical report to CDD for review; review and approval of report by County peer review geologist and CDD. Potentially Significant Impact: (b) During the grading and construction period for the subdivision, including the future single-family residences, roadway extension, and the storm water drainage facilities, areas of construction activity would have exposed Diablo clay and Los Osos clay loam, resulting in a potentially significant impact due to soil erosion. Mitigation Measure: Geology 4: At least 30 days prior to the issuance of a grading permit and each building permit, a construction period erosion and sedimentation control plan that is in compliance with applicable construction period requirements of the State Water Resources Control Board and the San Francisco Bay Regional Water Quality Control Board shall be included in the submitted construction drawings, and implemented during construction. Implementing Action: COA Timing of Verification: Prior to CDD approval of construction documents (with COA compliance review); field review during construction. Abbreviations: Mitigation Monitoring Program Condition of Approval (COA) SD17-9478, RZ17-3239, DP17-3054 Community Development Division (CDD) Page 11 of 24 Responsible Department or Agency: Project sponsor, contractor, Building Inspection Division, and CDD. Compliance Verification: CDD review and approval of construction documents, including the construction period erosion and sedimentation control plan; verification by contractor and Building Inspection Division. Potentially Significant Impact: (d) Both the Diablo clay and Los Osos clay loam series are considered to be highly expansive and highly corrosive. Expansive soils expand when water is added and shrink when they dry out. This continuous change in soils volume causes structures to move unevenly and crack. Corrosive soils tend to damage concrete and/or uncoated steel that is in contact with the ground. Thus, there is a potentially significant impact due to expansive soil. Mitigation Measures: Geology 1: At least 60 days prior to the issuance of a grading permit, the applicant shall submit a Remedial Grading Plan for review by the County Peer Review Geologist, and review and approval by the CDD. The plan shall address (i) residential, street extension, driveway, and bio -retention area construction, (ii) undergrounding of utilities, (iii) the siting and design of the bio -retention area (C.3 basin), (iv) the design of the drainage ditch on Parcel A for the mid-slope terrace for the slope that exceeds 30 feet in height, and (v) expansive and corrosive soils, The report shall provide appropriate recommendations to mitigate any potential hazards that are confirmed to be present. Implementing Action: COA Timing of Verification: Prior to CDD approval of construction documents (with COA compliance review). Responsible Department or Agency: Project sponsor, project geotechnical engineer, County peer review geologist, and CDD. Compliance Verification: Submit Remedial Grading Plan to CDD for review; review and approval of report by County peer review geologist and CDD. Geology 3: Following the issuance of a building permit, the project geotechnical engineer shall provide observation and testing services to insure that the construction is in compliance with recommendations in the approved Remedial Grading Plan. The project geotechnical engineer shall provide recommendations for any modification to approved plans that are deemed necessary based on the actual field conditions encountered during grading. Written approval from the Contra Costa County Building Inspection Division shall be obtained prior to any modification. Documentation of the observation and testing services, as well as other project details, for each residence shall be presented in a final geotechnical report, to be submitted to the County and kept on file, prior to requesting the final building inspection. Alternatively, if several residences are development concurrently, the geotechnical report may address the group of residences that are developed concurrently. Abbreviations: Mitigation Monitoring Program Condition of Approval (COA) SD17-9478, RZ17-3239, DP17-3054 Community Development Division (CDD) Page 12 of 24 Implementing Action: COA Timing of Verification: Field review during construction. Responsible Department or Agency: Project sponsor, project geotechnical engineer, Building Inspection Division, County peer review geologist, and CDD. Compliance Verification: Verification by project geotechnical engineer, Building Inspection Division, and County peer review geologist. Submit final geotechnical report to CDD for review; review and approval of report by County peer review geologist and CDD. Abbreviations: Mitigation Monitoring Program Condition of Approval (COA) SD17-9478, RZ17-3239, DP17-3054 Community Development Division (CDD) Page 13 of 24 SECTION 8: HAZARDS AND HAZARDOUS MATERIALS Potentially Significant Impact: (a) Initiating grading or construction activities prior to obtaining coverage under the State Water Resources Control Board’s statewide General Permit that applies to storm water discharges, would be a potentially significant impact on water quality. Mitigation Measure: Hydrology 1: The applicant shall obtain coverage under the State Water Resources Control Board Construction General Permit prior to commencement of construction activities that disturb greater than one acre of area. To obtain coverage, the applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP), and file a Notice of Intent with a vicinity map and the appropriate permit fee with the SWRCB. The SWPPP shall include erosion control measures to ensure that all effects of the project remain above the drainage channel along the eastern boundary of the project site. Measures such as installation of silt fencing, wildlife friendly hay wattles (that is, no monofilament netting on the wattles), and hay bale barriers backed by chain link fencing installed under the supervision of the project engineer will ensure that accidental fill or excavated material does not enter the drainage channel. Additionally, there is garbage, tree stumps and downed wood in the drainage channel that should be removed from the channel to prevent this debris and garbage from flowing downstream and plugging up the storm drain system. The applicant shall submit evidence that coverage from the SWRCB has been obtained to the CDD prior to the issuance of a grading or building permit. Implementing Action: COA Timing of Verification: Prior to CDD approval of construction documents (with COA compliance review). Responsible Department or Agency: Project sponsor and CDD. Compliance Verification: Submittal of certification from State Water Resources Control Board to CDD Abbreviations: Mitigation Monitoring Program Condition of Approval (COA) SD17-9478, RZ17-3239, DP17-3054 Community Development Division (CDD) Page 14 of 24 SECTION 9: HYDROLOGY AND WATER QUALITY Potentially Significant Impact: (a) Initiating grading or construction activities prior to obtaining coverage under the State Water Resources Control Board’s General Permit would be a potentially significant impact on water quality. Mitigation Measure: Hydrology 1: The applicant shall obtain coverage under the State Water Resources Control Board Construction General Permit prior to commencement of construction activities that disturb greater than one acre of area. To obtain coverage, the applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP), and file a Notice of Intent with a vicinity map and the appropriate permit fee with the SWRCB. The SWPPP shall include erosion control measures to ensure that all effects of the project remain above the drainage channel along the eastern boundary of the project site. Measures such as installation of silt fencing, wildlife friendly hay wattles (that is, no monofilament netting on the wattles), and hay bale barriers backed by chain link fencing installed under the supervision of the project engineer will ensure that accidental fill or excavated material does not enter the drainage channel. Additionally, there is garbage, tree stumps and downed wood in the drainage channel that should be removed from the channel to prevent this debris and garbage from flowing downstream and plugging up the storm drain system. The applicant shall submit evidence that coverage from the SWRCB has been obtained to the CDD prior to the issuance of a grading or building permit. Implementing Action: COA Timing of Verification: Prior to CDD approval of construction documents (with COA compliance review). Responsible Department or Agency: Project sponsor and CDD. Compliance Verification: Submittal of certification from State Water Resources Control Board to CDD Potentially Significant Impact: (a) and (c) During project construction, there would be areas that would have exposed soil, resulting in a potentially significant impact due to soil erosion that could result in waste discharge. Mitigation Measures: Geology 4: At least 30 days prior to the issuance of a grading permit and each building permit, a construction period erosion and sedimentation control plan that is in compliance with applicable construction period requirements of the State Water Resources Control Board and the San Francisco Bay Regional Water Quality Control Board shall be included in the submitted construction drawings, and implemented during construction. Implementing Action: COA Abbreviations: Mitigation Monitoring Program Condition of Approval (COA) SD17-9478, RZ17-3239, DP17-3054 Community Development Division (CDD) Page 15 of 24 Timing of Verification: Prior to CDD approval of construction documents (with COA compliance review); field review during construction. Responsible Department or Agency: Project sponsor, contractor, Building Inspection Division, and CDD. Compliance Verification: CDD review and approval of construction documents, including the construction period erosion and sedimentation control plan; verification by contractor and Building Inspection Division. Potentially Significant Impact: (a) There is a potential risk associated with maintenance of the bio- retention area, as without removal of sediment collecting in the basin, it would cease to function as designed. Without regular maintenance, there would be a potentially significant impact due to failure of the bio-retention area to perform as designed. Hydrology 2: Prior to the filing of the Final Map, the applicant shall submit a bio-retention area maintenance plan for review and approval by the CDD. The maintenance plan shall identify the features to be monitored, provide a monitoring schedule for the timing of the required monitoring (number of times per year, and during which months), along with inspections following each major rain storm. Additionally, it shall provide a form to be used by the individual selected to perform monitoring which includes each item requiring inspection, along with the recommendation of the monitor, monitor's signature, contact information, and a distribution list for the inspection report. The bio-retention area maintenance plan shall be recorded with the deed for each residential parc el at the time of recording of the Final Map Implementing Action: COA Timing of Verification: Prior to filing Final Map; field monitoring per monitoring schedule. Responsible Department or Agency: Project sponsor, field monitors, Building Inspection Division, and CDD. Compliance Verification: CDD review and approval of bio-retention area maintenance plan; verification by field monitors and Building Inspection Division; recordation of bio-retention area maintenance plan with deed for each residential parcel. Potentially Significant Impact: (j) The risk of landslides are considered to be a potentially significant impact that could lead to significant mudflow if the geology mitigation measures calling for the submittal of a final geology, soil and foundation report prior to the issuance of building permits, and on site observance by the project geotechnical engineer during grading, drainage, and foundation-related work, are not completed Mitigation Measures: Abbreviations: Mitigation Monitoring Program Condition of Approval (COA) SD17-9478, RZ17-3239, DP17-3054 Community Development Division (CDD) Page 16 of 24 Geology 1: At least 60 days prior to the issuance of a grading permit, the applicant shall submit a Remedial Grading Plan for review by the County Peer Review Geologist, and review and approval by the CDD. The plan shall address (i) residential, street extension, driveway, and bio -retention area construction, (ii) undergrounding of utilities, (iii) the siting and design of the bio -retention area (C.3 basin), (iv) the design of the drainage ditch on Parcel A for the mid-slope terrace for the slope that exceeds 30 feet in height, and (v) expansive and corrosive soils, The report shall provide appropriate recommendations to mitigate any potential hazards that are confirmed to be present. Implementing Action: COA Timing of Verification: Prior to CDD approval of construction documents (with COA compliance review). Responsible Department or Agency: Project sponsor, project geotechnical engineer, County peer review geologist, and CDD. Compliance Verification: Submit Remedial Grading Plan to CDD for review; review and approval of report by County peer review geologist and CDD. Geology 3: Following the issuance of a building permit, the project geotechnical engineer shall provide observation and testing services to insure that the construction is in compliance with recommendations in the approved Remedial Grading Plan. The project geotechnical engineer shall provide recommendations for any modification to approved plans that are deemed necessary based on the actual field conditions encountered during grading. Written approval from the Contra Costa County Building Inspection Division shall be obtained prior to any modification. Documentation of the observation and testing services, as well as other project details, for each residence shall be presented in a final geotechnical report, to be submitted to the County and kept on file, prior to requesting the final building inspection. Alternatively, if several residences are development concurrently, the geotechnical report may address the group of residences that are developed concurrently. Implementing Action: COA Timing of Verification: Field review during construction. Responsible Department or Agency: Project sponsor, project geotechnical engineer, Building Inspection Division, County peer review geologist, and CDD. Compliance Verification: Verification by project geotechnical engineer, Building Inspection Division, and County peer review geologist. Submit final geotechnical report to CDD for review; review and approval of report by County peer review geologist and CDD. Abbreviations: Mitigation Monitoring Program Condition of Approval (COA) SD17-9478, RZ17-3239, DP17-3054 Community Development Division (CDD) Page 17 of 24 SECTION 10: LAND USE AND PLANNING Potentially Significant Impacts: (b) The General Plan Land Use Element includes Policies for the El Sobrante Area, which requires new development to collaborate on increasing recreational opportunities for area residents. Since the proposed project does not include construction of any recreational facility on the site, there would be a potentially significant impact on General Plan policies for recreational facilities in the El Sobrante area. Mitigation Measure: Recreation 1: At the time of application for a grading permit, the applicant shall provide an area on the project site for recreational facilities or contribute a fair share to nearby recreational facilities. As proposed, the subdivision includes a 77,697 sq. ft. open space parcel and a 15,884 sq. ft. storm drainage parcel. Inclusion of a tot lot, playground, or other recreational facility on a portion of either parcel could be used to meet this requirement. CDD and Public Works staff shall review the onsite recreational facility for compliance with the County C.3 requirements to ensure that the impact of the onsite recreational facility on storm water drainage would be less than significant. The onsite recreational facility shall be included on all construction drawings. Implementing Action: COA Timing of Verification: Prior to CDD and Public Works approval of construction documents (with COA compliance review). Responsible Department or Agency: Project sponsor, contractor, CDD, and Public Works. Compliance Verification: CDD and Public Works review and approval of construction documents; verification by contractor. Abbreviations: Mitigation Monitoring Program Condition of Approval (COA) SD17-9478, RZ17-3239, DP17-3054 Community Development Division (CDD) Page 18 of 24 SECTION 12: NOISE Potentially Significant Impacts: (a) Future noise levels on the northern portion of the project site would exceed the 60 dB normally acceptable level for single-family residents, and would result in a potentially significant impact on project residents. Mitigation Measure: Noise 1: At the time if application for the first building permit, the applicant shall submit plans for a noise barrier along the northern property boundary, such as a masonry wall, to reduce noise levels by 5 to 10 dBA. The plans shall be included in the construction drawings. The noise barrier shall be installed prior to the final inspection for the building permit. Implementing Action: COA Timing of Verification: Prior to CDD approval of construction documents (with COA compliance review). Responsible Department or Agency: Project sponsor, contractor, and CDD. Compliance Verification: CDD review and approval of construction documents; verification by contractor. Noise 2: Within 30 days after installation of the noise barrier, the applicant shall submit evidence for review and approval of CDD staff confirming that the noise barrier meets acceptable exterior noise level standards as established in the Noise and Land Use Compatibility Guidelines in the Noise Element of the County General Plan. The evidence shall be noise monitoring data recorded on the site at the nearest residence. In the event the acceptable exterior noise level standards are exceeded, the applicant shall install a replacement noise barrier to reduce noise to acceptable exterior noise level standards. The applicant shall then submit noise monitoring data recorded on the site at the nearest residence to validate the corrected noise levels. Implementing Action: COA Timing of Verification: Field monitoring after installation. Responsible Department or Agency: Project sponsor, contractor, and CDD. Compliance Verification: CDD review and approval of noise monitoring data; verification by contractor. Noise 3: Building plans for the residences shall include wall construction with a minimum rating of STC- 46, along with windows with a minimum rating of STC-25 to meet the California Administrative Code, Noise Insulation Standards. These plans shall be included in the construction drawings. Abbreviations: Mitigation Monitoring Program Condition of Approval (COA) SD17-9478, RZ17-3239, DP17-3054 Community Development Division (CDD) Page 19 of 24 Implementing Action: COA Timing of Verification: Prior to CDD approval of construction documents (with COA compliance review). Responsible Department or Agency: Project sponsor, contractor, and CDD. Compliance Verification: CDD review and approval of construction documents; verification by contractor. Potentially Significant Impacts: (b) If a vibratory roller is used, ground-borne vibration levels could exceed the Federal Transit Administration’s vibration-induced architectural damage threshold of 0.2 PPV, resulting in a potentially significant ground-borne vibration impact. Mitigation Measure: Noise 4: Vibration rollers shall not be used for construction at any time. All construction drawings shall include this restriction. Implementing Action: COA Timing of Verification: Prior to CDD approval of construction documents (with COA compliance review). Responsible Department or Agency: Project sponsor, contractor, and CDD. Compliance Verification: CDD review and approval of construction documents; verification by contractor. Potentially Significant Impact: (d) A temporary increase in ambient noise levels would occur during construction of the 30 single-family residences and the extension of Balmore Court, the improvement of the existing private street section of Balmore Court, and the installation of storm water drainage facilities. During project construction, there may be periods of time where there would be loud noise from construction equipment, vehicles, and tools. Although such activities would be temporary, the activities could have a potentially significant impact during project construction at existing single -family residences within ¼ mile of the project site. Mitigation Measure: Noise 5: The following noise reduction measures shall be implemented during project construction. The noise reduction measures shall be included on all construction drawings. 1. The applicant shall make a good faith effort to minimize project -related disruptions to adjacent properties, and to uses on the site. This shall be communicated to all project-related contractors. Abbreviations: Mitigation Monitoring Program Condition of Approval (COA) SD17-9478, RZ17-3239, DP17-3054 Community Development Division (CDD) Page 20 of 24 2. The applicant shall require their contractors and subcontractors to fit all internal combustion engines with mufflers which are in good condition and shall locate stationary noise-generating equipment such as air compressors as far away from existing residences as possible. 3. A publicly visible sign shall be posted on the property with the telephone number and person to contact regarding construction-related complaints. This person shall respond and take corrective action within 24 hours. The Department of Conservation and Development phone number shall also be visible to ensure compliance with applicable regulations. 4. Large trucks and heavy equipment are subject to the same restrictions that are imposed on construction activities, except that the hours are limited to 9:00 AM to 4:00 PM. 5. All construction activities shall be limited to the hours of 8:00 A.M. to 5:00 P.M., Monday through Friday, and are prohibited on state and federal holidays on the calendar dates that these holidays are observed by the state or federal government as listed below: New Year’s Day (State and Federal) Birthday of Martin Luther King, Jr. (State and Federal) Washington’s Birthday (Federal) Lincoln’s Birthday (State) President’s Day (State and Federal) Cesar Chavez Day (State) Memorial Day (State and Federal) Independence Day (State and Federal) Labor Day (State and Federal) Columbus Day (State and Federal) Veterans Day (State and Federal) Thanksgiving Day (State and Federal) Day after Thanksgiving (State) Christmas Day (State and Federal) Implementing Action: COA Timing of Verification: Prior to CDD approval of construction documents (with COA compliance review); field review during construction. Responsible Department or Agency: Project sponsor, contractor, Building Inspection Division, and CDD. Compliance Verification: CDD review and approval of construction documents; verification by contractor and Building Inspection Division. Abbreviations: Mitigation Monitoring Program Condition of Approval (COA) SD17-9478, RZ17-3239, DP17-3054 Community Development Division (CDD) Page 21 of 24 SECTION 15: RECREATION Potentially Significant Impacts: (b) The General Plan Land Use Element includes Policies for the El Sobrante Area, which requires new development to collaborate on increasing recreational opportunities for area residents. Since the proposed project does not include construction of any recreational facility on the site, there would be a potentially significant impact on General Plan policies for recreational facilities in the El Sobrante area. Mitigation Measure: Recreation 1: At the time of application for a grading permit, the applicant shall provide an area on the project site for recreational facilities or contribute a fair share to nearby recreational facilities. As proposed, the subdivision includes a 77,697 sq. ft. open space parcel and a 15,884 sq. ft. storm drainage parcel. Inclusion of a tot lot, playground, or other recreational facility on a portion of either parcel could be used to meet this requirement. CDD and Public Works staff shall review the onsite recreational facility for compliance with the County C.3 requirements to ensure that the impact of the onsite recreational facility on storm water drainage would be less than significant. The onsite recreational facility shall be included on all construction drawings. Implementing Action: COA Timing of Verification: Prior to CDD and Public Works approval of construction documents (with COA compliance review). Responsible Department or Agency: Project sponsor, contractor, CDD, and Public Works. Compliance Verification: CDD and Public Works review and approval of construction documents; verification by contractor. Abbreviations: Mitigation Monitoring Program Condition of Approval (COA) SD17-9478, RZ17-3239, DP17-3054 Community Development Division (CDD) Page 22 of 24 SECTION 17: TRIBAL CULTURAL RESOURCES Potentially Significant Impact: (b) The proposed project would include construction and grading activities for the 30 single-family residences, the extension of Balmore Court, and the installation of storm water drainage facilities, which could lead to accidental discovery of buried archaeological or paleontological resources, or human remains, resulting in a potentially significant impact on tribal cultural resources. Mitigation Measures: Cultural Resources 1: The following Mitigation Measures shall be implemented during project construction. 1. A program of on-site education to instruct all construction personnel in the identification of prehistoric and historic deposits shall be conducted by a certified archaeologist prior to the start of any grading or construction activities. 2. If archaeological materials are uncovered during grading, trenching, or other onsite excavation, all work within 30 yards of these materials shall be stopped until a professional archaeologi st who is certified by the Society for California Archaeology (SCA) and/or the Society of Professional Archaeology (SOPA), and the Native American tribe that has requested consultation and/or demonstrated interest in the project site, have had an opportunity to evaluate the significance of the find and suggest appropriate mitigation(s) if deemed necessary. Implementing Action: COA Timing of Verification: Prior to CDD approval of construction documents (with COA compliance review); field review during construction. Responsible Department or Agency: Project sponsor, contractor, project archaeologist, CDD, and Building Inspection Division. Compliance Verification: CDD review and approval of construction documents; verification by contractor, project archaeologist, and Building Inspection Division. Cultural Resources 2: Should human remains are uncovered during grading, trenching, or other on-site excavation(s), earthwork within 30 yards of these materials shall be stopped until the County coroner has had an opportunity to evaluate the significance of the human remains and determine the proper treatment and disposition of the human remains. If the coroner determines the remains may those of a Native American, the coroner will contact the Native American Heritage Commission and the Native American tribe that has requested consultation and/or demonstrated interest in the project site. Implementing Action: COA Abbreviations: Mitigation Monitoring Program Condition of Approval (COA) SD17-9478, RZ17-3239, DP17-3054 Community Development Division (CDD) Page 23 of 24 Timing of Verification: Prior to CDD approval of construction documents (with COA compliance review); field review during construction. Responsible Department or Agency: Project sponsor, contractor, County coroner, CDD, and Building Inspection Division. Compliance Verification: CDD review and approval of construction documents; verification by contractor, County coroner, and Building Inspection Division. Abbreviations: Mitigation Monitoring Program Condition of Approval (COA) SD17-9478, RZ17-3239, DP17-3054 Community Development Division (CDD) Page 24 of 24 SECTION 18: UTILITIES AND SERVICE SYSTEMS Potentially Significant Impact: (C) There is a potential risk associated with maintenance of the bio- retention area, as without removal of sediment collecting in the basin, it would cease to function as designed. Without regular maintenance, there would be a potentially significant impact due to failure of the bio-retention area to perform as designed. Hydrology 2: Prior to the filing of the Final Map, the applicant shall submit a bio-retention area maintenance plan for review and approval by the CDD. The maintenance plan shall identify the features to be monitored, provide a monitoring schedule for the timing of the required monitoring (number of times per year, and during which months), along with inspections following each major rain storm. Additionally, it shall provide a form to be used by the individual selected to perform monitoring which includes each item requiring inspection, along with the recommendation of the monitor, monitor's signature, contact information, and a distribution list for the inspection report. The bio-retention area maintenance plan shall be recorded with the deed for each residential parc el at the time of recording of the Final Map Implementing Action: COA Timing of Verification: Prior to filing Final Map; field monitoring per monitoring schedule. Responsible Department or Agency: Project sponsor, field monitors, Building Inspection Division, and CDD. Compliance Verification: CDD review and approval of bio-retention area maintenance plan; verification by field monitors and Building Inspection Division; recordation of bio-retention area maintenance plan with deed for each residential parcel. Balmore Court Single-Family Residential Project SD17-9478, RZ17-3239, DP17-3054 Rezoning RZ17-3239 Balmore Court -Proposed P-1 District Item P-1 District -Lots 1 to 20 P-1 District -Lots 21 to 30 Lots Lot Area 3,200 sq. ft. minimum 3,500 sq. ft. minimum Lot Width 40 ft. average width minimum 40 ft. average width minimum Lot Depth 60 ft. minimum 80 ft. minimum Lot Coverage 50% (excludes porches)50% (excludes porches and outdoor rooms) Building Height 2½ stories or 35 ft. maximum 2½ stories or 35 ft. maximum Yards Setback 15 ft. minimum to garage 10 ft. minimum to residence minimum to porch N.A. 20 ft. minimum to garage 15 ft. minimum to residence 10 ft. minimum to porch Side Yard 5 ft. minimum 10 ft. aggregate minimum 3ft. minimum for accessory structure with a 50 ft. minimum setback 5 ft. minimum 10 ft. aggregate minimum 3ft. minimum for accessory structure with a 50 ft. minimum setback Rear Yard 5 ft. minimum 3 ft. minimum for accessory structure 10 ft. minimum 3 ft. minimum for accessory structure Parking Off-Street Parking 2 parking spaces per lot 2 parking spaces per lot Guest Parking 15 on-street parking spaces 2 parking spaces per lot, on driveways within setback areas Preliminary Development Plan DP17-3054 •30 single-family homes 2,110 to 2,645 sq. ft. •Three house plans •Three architectural styles General Plan Housing Inventory Site •30 single-family homes •Meets General Plan density •Density of 5.42 homes per net acre •SH General Plan allows 5 to 7.2 homes per net acre Issue: Traffic Calming •Narrower 28-foot wide section of roadway •Raised crosswalk •Site bordered by: •Homes to the west and south •Commercial properties to the east •Pinole Vista Shopping Center to north •Project will: •Widen Balmore Court •Meet all Fire Code requirements •Minimize wildfire risks Issue: Lack of Secondary Access Project Site Balmore Court Single-Family Residential Project RECOMMENDATION(S): 1. OPEN the public hearing, RECEIVE testimony, and CLOSE the public hearing. 2. DETERMINE for purposes of compliance with the California Environmental Quality Act (CEQA) that the adoption of Resolution No. 2019/664 is not a project under CEQA pursuant to CEQA Guidelines Section 15378(b)(4) because it constitutes a governmental fiscal activity that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment; or, alternatively, that it is statutorily exempt from review pursuant to CEQA Guidelines Section 15273(a)(1) (fees established by public agencies to meet operating expenses). 3. ADOPT Resolution No. 2019/664, which amends the Land Development Fee Schedule to revise the initial deposit for Historic Nomination Application Fees from $1000.00 to $500.00. 4. DIRECT the Director of Conservation and Development, or designee, to file a CEQA notice of exemption with the County Clerk-Recorder and authorize payment of the $50 filing fee. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Stan Muraoka, 925-674-7781 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D.10 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:December 17, 2019 Contra Costa County Subject:Amendment to the Land Development Fee Schedule FISCAL IMPACT: The historic nomination application fee is necessary to recover the County's estimated reasonable costs for review of historic nominations. The revised fee deposit for historic nominations will lower the initial application costs for nominations. The Department will effectively recover its costs. BACKGROUND: September 17, 2019 Land Development Fee Schedule. On September 17, 2019, the Board of Supervisors adopted Resolution No. 2019/553 for the updated Land Development Fee Schedule effective March 1, 2020. The fees in the updated Fee Schedule were based on the estimated reasonable cost for performing the services and activities related to the fees as detailed in the July 15, 2019 "Update of the County Land Development Fee Schedule" (Fee Study) prepared by the County's consultant, NBS. Testimony was presented to the Board on September 17, 2019 by the Chair of the Historic Landmarks Advisory Committee (HLAC) that the historic nomination application fee should be reduced in order to encourage nominations by nonprofit organizations and individuals. In adopting the updated Fee Schedule, the Board provided direction to Department staff to meet with the HLAC and interested nonprofit organizations to gather information related to reducing or waiving the historic nomination application fee in the updated Fee Schedule, and to provide criteria for such reduction or waiver. Basis for the Historic Nomination Fee. In the Fee Schedule that proceeds the schedule adopted on September 17, 2019, there is no separate fee for historic nomination. Historic nomination applications have been processed by the Department as either as a Development Plan application, or as a Compliance Review application, depending on if the historic resource application includes a proposal for new development of the historic resource. The fees have been $500.00 deposit, and were billed on a time and materials basis. The updated Land Development Fee Schedule increased the fee deposit for Condition Compliance Review to $1,500.00 and Development Plan review to $4,500.00. The updated Land Development Fee Schedule included a historic nomination application fee of $1,000 as a reasonable deposit amount, based on estimated processing time. Discussion with and Recommendation of the HLAC. Subsequent to the September 17, 2019 Board meeting, staff discussed the historic nomination application fee with the HLAC. On November 14, 2019, staff discussed with the HLAC reducing the initial deposit for a historic nomination application from $1,000 to $500. The HLAC endorsed the proposed revision to the initial deposit requirement and recommended that additional reduction and/or a fee waiver based on economic hardship be studied in connection with a potential future historic preservation ordinance. Conclusion. The historic nomination application fee in the Land Development Fee Schedule does not exceed the estimated reasonable costs of processing a historic nomination application, and the proposed reduced initial deposit will encourage nominations of historic resources by nonprofit organizations and individuals, and is recommended for approval by staff and the HLAC. CONSEQUENCE OF NEGATIVE ACTION: If the recommended actions are not approved, the initial deposit for historic nomination application fees will remain as set by the September 17, 2019 Land Development Fee Schedule. CHILDREN'S IMPACT STATEMENT: N/A AGENDA ATTACHMENTS Resolution 2019/664 Exhibit A to Resolution 2019/664 Exhibit A to Resolution 2019/664 Comments from HLAC MINUTES ATTACHMENTS Signed Resolution No. 2019/664 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/17/2019 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2019/664 Amendment to the Land Development Fee Schedule 1. The County of Contra Costa previously conducted a review of the services provided by its Department of Conservation and Development and the costs of providing those services. On September 17, 2019, the Board of Supervisors adopted an updated Land Development Fee Schedule. The Fee Schedule includes a fee for processing applications to nominate a historic resource for inclusion in the County historic resources inventory (Historic Nomination Application Fee), calculated on a time and materials basis with an initial fee deposit of $1,000. 2. The Board of Supervisors desires to encourage applications requesting the nomination of historic resources for inclusion in the County historic resources inventory. 1. Fee Schedule Amendment . The County’s Land Development Fee Schedule is hereby amended to require an initial deposit of $500 for a Historic Nomination Application Fee. 2. Effective . This Resolution is effective immediately upon adoption. Contact: Stan Muraoka, 925-674-7781 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: LAND DEVELOPMENT FEE SCHEDULE PROPOSED FEE REVISION DECEMBER 17, 2019 Page 1 of 31 I. BUILDING FEES S-001 Permit Processing and Issuance Program A. Plan Review Based on Improvement Value:1 Up to $2,000 $25,000 $50,000 $100,000 $500,000 $1,000,000 $5,000,000 $49 plus $8.94 for each additional $1,000 or fraction thereof above $2,000 $254 plus $6.44 for each additional $1,000 or fraction thereof above $25,000 $415 plus $4.47 for each additional $1,000 or fraction thereof above $50,000 $639 plus $5.30 for each additional $1,000 or fraction thereof above $100,000 $2,758 plus $5.52 for each additional $1,000 or fraction thereof above $500,000 $5,516 plus $3.79 for each additional $1,000 or fraction thereof above $1,000,000 $20,685 plus $5.52 for each additional $1,000 or fraction thereof above $5,000,000 B. Permit Review and Processing Based on Improvement Value: Up to $2,000 $25,000 $50,000 $100,000 $500,000 $1,000,000 $19 plus $3.44 for each additional $1,000 or fraction thereof above $2,000 $98 plus $2.48 for each additional $1,000 or fraction thereof above $25,000 $160 plus $1.72 for each additional $1,000 or fraction thereof above $50,000 $246 plus $0.59 for each additional $1,000 or fraction thereof above $100,000 $483 plus $0.69 for each additional $1,000 or fraction thereof above $500,000 $827 plus $0.44 for each additional $1,000 or fraction thereof above $1,000,000 1 See Building Valuation Data and Building Valuation Data Supplement at end of Building Fees LAND DEVELOPMENT FEE SCHEDULE PROPOSED FEE REVISION DECEMBER 17, 2019 Page 2 of 31 $5,000,000 $2,586 plus $0.69 for each additional $1,000 or fraction thereof above $5,000,000 C. Additional Processing/Plan Check: Fees for such reviews shall be at the hourly rates in effect at the time of plan review. Applicable when additional plan review is required due to: 1) incomplete or unacceptable follow-through by applicant on deficiencies found in the initial plan review; 2) significant revisions submitted after plan review is well underway; or 3) deferred submittals and revisions submitted during construction to reflect field changes. D. Refinery and Chemical Plant Fee 1. Yearly Building/ Grading Permit $13,790 annual fee. 2. Yearly Electrical Permit $13,790 annual fee. S-002 Construction Inspection Program A. Building Inspection 1. Building Permit Based on Improvement Value: Up to $2,000 $25,000 $50,000 $100,000 $500,000 $1,000,000 $75 plus $13.75 for each additional $1,000 or fraction thereof above $2,000 $391 plus $9.90 for each additional $1,000 or fraction thereof above $25,000 $639 plus $6.88 for each additional $1,000 or fraction thereof above $50,000 $983 plus $6.16 for each additional $1,000 or fraction thereof above $100,000 $3,448 plus $3.45 for each additional $1,000 or fraction thereof above $500,000 $5,171 plus $0.86 for each additional $1,000 or fraction thereof above $1,000,000 LAND DEVELOPMENT FEE SCHEDULE PROPOSED FEE REVISION DECEMBER 17, 2019 Page 3 of 31 $5,000,000 $8,619 plus $1.72 for each additional $1,000 or fraction thereof above $5,000,000 2. Energy Compliance Based on Improvement Value: Up to $2,000 $25,000 $50,000 $100,000 $500,000 $1,000,000 $5,000,000 $31 plus $5.67 for each additional $1,000 or fraction thereof above $2,000 $161 plus $4.08 for each additional $1,000 or fraction thereof above $25,000 $263 plus $2.84 for each additional $1,000 or fraction thereof above $50,000 $405 plus $1.57 for each additional $1,000 or fraction thereof above $100,000 $1,034 plus $1.38 for each additional $1,000 or fraction thereof above $500,000 $1,724 plus $0.65 for each additional $1,000 or fraction thereof above $1,000,000 $4,309 plus $0.86 for each additional $1,000 or fraction thereof above $5,000,000 3. Access Compliance Based on Improvement Value: Up to $2,000 $25,000 $50,000 $100,000 $500,000 $1,000,000 $31 plus $5.67 for each additional $1,000 or fraction thereof above $2,000 $161 plus $4.08 for each additional $1,000 or fraction thereof above $25,000 $263 plus $2.84 for each additional $1,000 or fraction thereof above $50,000 $405 plus $4.16 for each additional $1,000 or fraction thereof above $100,000 $2,069 plus $1.38 for each additional $1,000 or fraction thereof above $500,000 $2,758 plus $0.86 for each additional $1,000 or fraction thereof above $1,000,000 LAND DEVELOPMENT FEE SCHEDULE PROPOSED FEE REVISION DECEMBER 17, 2019 Page 4 of 31 $5,000,000 $6,206 plus $1.24 for each additional $1,000 or fraction thereof above $5,000,000 B. Earthquake Fee Residential: $13 per each $100,000 of building valuation. Commercial: $20 per each $100,000 of building valuation. C. Electrical Inspection Fees 1. New Dwelling Based on Improvement Value: Up to $2,000 $25,000 $50,000 $100,000 $500,000 $1,000,000 $75 $75 plus $0.83 for each additional $1,000 or fraction thereof above $25,000 $96 plus $1.03 for each additional $1,000 or fraction thereof above $50,000 $147 plus $0.49 for each additional $1,000 or fraction thereof above $100,000 $345 plus $0.23 for each additional $1,000 or fraction thereof above $500,000 $460 plus $0.46 for each additional $1,000 or fraction thereof above $1,000,000 2. Addition or Alteration to Dwelling Unit Based on Improvement Value: Up to $2,000 $25,000 $50,000 $100,000 $500,000 $1,000,000 $75 plus $0.14 for each additional $1,000 or fraction thereof above $2,000 $78 plus $1.98 for each additional $1,000 or fraction thereof above $25,000 $128 plus $1.38 for each additional $1,000 or fraction thereof above $50,000 $197 plus $0.37 for each additional $1,000 or fraction thereof above $100,000 $345 plus $0.23 for each additional $1,000 or fraction thereof above $500,000 $460 plus $0.46 for each additional $1,000 or fraction thereof above $1,000,000 LAND DEVELOPMENT FEE SCHEDULE PROPOSED FEE REVISION DECEMBER 17, 2019 Page 5 of 31 3. New Commercial Building Based on Improvement Value: Up to $2,000 $25,000 $50,000 $100,000 $500,000 $1,000,000 $75 plus $0.99 for each additional $1,000 or fraction thereof above $2,000 $98 plus $2.48 for each additional $1,000 or fraction thereof above $25,000 $160 plus $1.72 for each additional $1,000 or fraction thereof above $50,000 $246 plus $0.25 for each additional $1,000 or fraction thereof above $100,000 $345 plus $0.23 for each additional $1,000 or fraction thereof above $500,000 $460 plus $0.46 for each additional $1,000 or fraction thereof above $1,000,000 4. Shell Building Based on Improvement Value: Up to $100,000 $100,000 + $500,000 $1,000,000 $75 $75 plus $0.67 for each additional $1,000 or fraction thereof above $100,000 $345 plus $0.23 for each additional $1,000 or fraction thereof above $500,000 $460 plus $0.46 for each additional $1,000 or fraction thereof above $1,000,000 5. Commercial Alterations & Tenant Improvements Based on Improvement Value: Up to $25,000 $25,000 + $50,000 $100,000 $75 $75 plus $2.11 for each additional $1,000 or fraction thereof above $25,000 $128 plus $1.38 for each additional $1,000 or fraction thereof above $50,000 LAND DEVELOPMENT FEE SCHEDULE PROPOSED FEE REVISION DECEMBER 17, 2019 Page 6 of 31 $500,000 $1,000,000 $197 plus $0.37 for each additional $1,000 or fraction thereof above $100,000 $345 plus $0.23 for each additional $1,000 or fraction thereof above $500,000 $460 plus $0.46 for each additional $1,000 or fraction thereof above $1,000,000 6. Electrical Permit (Other) $75.00 minimum. An electrical permit is required for all electrical work regulated by the Electrical Code. Fees for work not included in Items 1 - 5 above shall be calculated utilizing the fee table shown in S-002, A. Building Inspection, 1. Building Permit. Where such Electrical work is performed in conjunction with a building permit, the fee may be added to that permit, and a separate electrical permit is not required. D. Mechanical Inspection Fees 1. New Dwelling Based on Improvement Value: Up to $50,000 $50,000+ $100,000 $500,000 $1,000,000 $75 $75 plus $0.47 for each additional $1,000 or fraction thereof above $50,000 $98 plus $0.62 for each additional $1,000 or fraction thereof above $100,000 $345 plus $0.23 for each additional $1,000 or fraction thereof above $500,000 $460 plus $0.46 for each additional $1,000 or fraction thereof above $1,000,000 2. Addition / Alteration to Dwelling Unit Based on Improvement Value: Up to $25,000 $25,000+ $75 LAND DEVELOPMENT FEE SCHEDULE PROPOSED FEE REVISION DECEMBER 17, 2019 Page 7 of 31 $50,000 $100,000 $500,000 $1,000,000 $75 plus $0.83 for each additional $1,000 or fraction thereof above $25,000 $96 plus $1.03 for each additional $1,000 or fraction thereof above $50,000 $147 plus $0.49 for each additional $1,000 or fraction thereof above $100,000 $345 plus $0.23 for each additional $1,000 or fraction thereof above $500,000 $460 plus $0.46 for each additional $1,000 or fraction thereof above $1,000,000 3. New Commercial Building Based on Improvement Value: Up to $25,000 $25,000+ $50,000 $100,000 $500,000 $1,000,000 $75 $75 plus $0.83 for each additional $1,000 or fraction thereof above $25,000 $96 plus $1.03 for each additional $1,000 or fraction thereof above $50,000 $147 plus $0.49 for each additional $1,000 or fraction thereof above $100,000 $345 plus $0.23 for each additional $1,000 or fraction thereof above $500,000 $460 plus $0.46 for each additional $1,000 or fraction thereof above $1,000,000 4. Shell Building Based on Improvement Value: Up to $100,000 $100,000 + $500,000 $1,000,000 $75 $75 plus $0.67 for each additional $1,000 or fraction thereof above $100,000 $345 plus $0.23 for each additional $1,000 or fraction thereof above $500,000 $460 plus $0.46 for each additional $1,000 or fraction thereof above $1,000,000 LAND DEVELOPMENT FEE SCHEDULE PROPOSED FEE REVISION DECEMBER 17, 2019 Page 8 of 31 5. Commercial Alterations & Tenant Improvements Based on Improvement Value: Up to $50,000 $50,000+ $100,000 $500,000 $1,000,000 $75 $75 plus $0.47 for each additional $1,000 or fraction thereof above $50,000 $98 plus $0.62 for each additional $1,000 or fraction thereof above $100,000 $345 plus $0.23 for each additional $1,000 or fraction thereof above $500,000 $460 plus $0.46 for each additional $1,000 or fraction thereof above $1,000,000 6. Mechanical Permit (Other) $75.00 minimum. A mechanical permit is required for all mechanical work regulated by the Mechanical Code. Fees for work not included in Items 1 - 5 above shall be calculated utilizing the fee table shown in S-002, A. Building Inspection, 1. Building Permit. Where such Mechanical work is performed in conjunction with a building permit, the fee may be added to that permit, and a separate mechanical permit is not required. E. Plumbing Inspection Fees 1. New Dwelling Based on Improvement Value: Up to $25,000 $25,000+ $50,000 $100,000 $500,000 $75 $75 plus $0.83 for each additional $1,000 or fraction thereof above $25,000 $96 plus $1.03 for each additional $1,000 or fraction thereof above $50,000 $147 plus $0.49 for each additional $1,000 or fraction thereof above $100,000 $345 plus $0.23 for each additional $1,000 or fraction thereof above $500,000 LAND DEVELOPMENT FEE SCHEDULE PROPOSED FEE REVISION DECEMBER 17, 2019 Page 9 of 31 $1,000,000 $460 plus $0.46 for each additional $1,000 or fraction thereof above $1,000,000 2. Addition / Alteration to Dwelling Unit Based on Improvement Value: Up to $2,000 $25,000 $50,000 $100,000 $500,000 $1,000,000 $75 plus $0.14 for each additional $1,000 or fraction thereof above $2,000 $78 plus $1.98 for each additional $1,000 or fraction thereof above $25,000 $128 plus $1.38 for each additional $1,000 or fraction thereof above $50,000 $197 plus $0.37 for each additional $1,000 or fraction thereof above $100,000 $345 plus $0.23 for each additional $1,000 or fraction thereof above $500,000 $460 plus $0.46 for each additional $1,000 or fraction thereof above $1,000,000 3. New Commercial Building Based on Improvement Value: Up to $25,000 $25,000+ $50,000 $100,000 $500,000 $1,000,000 $75 $75 plus $2.11 for each additional $1,000 or fraction thereof above $25,000 $128 plus $1.38 for each additional $1,000 or fraction thereof above $50,000 $197 plus $0.37 for each additional $1,000 or fraction thereof above $100,000 $345 plus $0.23 for each additional $1,000 or fraction thereof above $500,000 $460 plus $0.46 for each additional $1,000 or fraction thereof above $1,000,000 4. Shell Building Based on Improvement Value: Up to $100,000 $75 LAND DEVELOPMENT FEE SCHEDULE PROPOSED FEE REVISION DECEMBER 17, 2019 Page 10 of 31 $100,000 + $500,000 $1,000,000 $75 plus $0.67 for each additional $1,000 or fraction thereof above $100,000 $345 plus $0.23 for each additional $1,000 or fraction thereof above $500,000 $460 plus $0.46 for each additional $1,000 or fraction thereof above $1,000,000 5. Commercial Alterations & Tenant Improvements Based on Improvement Value: Up to $25,000 $25,000 + $50,000 $100,000 $500,000 $1,000,000 $75 $75 plus $0.83 for each additional $1,000 or fraction thereof above $25,000 $96 plus $1.03 for each additional $1,000 or fraction thereof above $50,000 $147 plus $0.49 for each additional $1,000 or fraction thereof above $100,000 $345 plus $0.23 for each additional $1,000 or fraction thereof above $500,000 $460 plus $0.46 for each additional $1,000 or fraction thereof above $1,000,000 6. Plumbing Permit (Other) $75.00 minimum. A plumbing permit is required for all plumbing work regulated by the Plumbing Code. Fees for work not included in Items 1 - 5 above shall be calculated utilizing the fee table shown in S-002, A. Building Inspection, 1. Building Permit. Where such Plumbing work is performed in conjunction with a building permit, the fee may be added to that permit, and a separate plumbing permit is not required. F. Miscellaneous Inspection Fees 1. Reinspections $150 per inspection trip Situations where reinspection fees shall be applicable include the following: LAND DEVELOPMENT FEE SCHEDULE PROPOSED FEE REVISION DECEMBER 17, 2019 Page 11 of 31 a. When the work for a called inspection is not ready or not accessible to the inspector. b. When extra inspections are necessary due to deficient or defective work through fault or error of the owner or contractor. One such extra inspection will be made for each phase of work that requires inspection (i.e. foundation, rough electric, etc.) under the regular fees prescribed in this section. A reinspection fee shall be charged for each additional visit or inspection thereafter. c. When more than one inspection is made on a phase of work (i.e., "partial inspections") that normally is inspected in one trip. 2. Owner-requested inspection of an existing building. The fee shall be based on an hourly rate @ $150 per hour, with 1 hour minimum 3. Investigation of work without permit. When a Notice is issued for work being performed without permits or performed beyond the scope of existing permits, a special investigation and inspection shall be made before permits may be issued for such work. An investigation fee shall be charged equal to two times the amount of all permit fees required by this ordinance, with a minimum of $300. The fee is additive to the permit fees. This provision shall not apply to emergency work when it can be proven to the satisfaction of the Director of Building Inspection that such work was urgently necessary, that it was not practical to obtain a permit before the work was commenced, and that a permit was applied for as soon as practical. 4. Abatement of Code Violations. Building: Abatement costs: When a Notice is issued as a result of an inspection of a property, and compliance is required to correct violations found, or permits are required to legalize work previously performed without building permits, a code enforcement cost shall be charged equal to two times the amount of all permit fees required by this ordinance, with a minimum of $300. Where repeat visits are required before the owner complies or obtains the required permits, a reinspection cost of $150 per trip shall be charged after the second trip. Where repeat visits are necessary after compliance or permit issuance to enforce the abatement work, a reinspection cost of $150 per trip shall be charged after the second trip. The costs in this section are additive to the permit fees. Zoning: When Code Enforcement activities are required as a result of an inspection of a property and compliance is required to correct violations found, or permits are required for compliance, a code enforcement cost shall be charged equal to the amount of all permit fees required by this ordinance, with a minimum of $300. Where repeat visits are required before the owner complies or obtains the required permits, a reinspection cost of $150 per trip shall be charged. Where repeat visits are necessary after compliance or permit issuance to enforce the abatement work, a reinspection cost of $150 per trip shall be charged. The costs in this section are additive to the permit fees. LAND DEVELOPMENT FEE SCHEDULE PROPOSED FEE REVISION DECEMBER 17, 2019 Page 12 of 31 5. Renewal fee for an expired permit:  For Final Inspection: $250 fee.  For permits expired less than 365 days the permit fee will be 50% of the original building permit fee.  For permits expired 365 days or more the permit fee will be 100% of the original building permit fee. 6. After Hours Inspection Services: Hourly fee with a minimum of 3 hours. Initial fee $600. 7. Residential solar energy systems – roof mount and ground mount: i) Photovoltaic systems: a) ≤15 kW:  Building Permit/inspection: $86 per permit  Plan Check: $86 per permit  Electrical Review: $100 per permit b) >15 kW:  Building Permit/inspection/Plan Check/Electrical Review: plus $15 per kW above 15 kW ii) Thermal systems: a) ≤10 kWth:  Building Permit/inspection: $86 per permit  Plan Check: $86 per permit  Plumbing Review: $86 per permit b) >10 kWth:  Building Permit/inspection/ Plan Check/Plumbing Review: plus $15 per kWth above 10 kWth 8. Commercial solar energy systems – roof mount and ground mount: i) Photovoltaic systems: a) ≤50 kW:  Building Permit/inspection: $172 per permit  Plan Check: $172 per permit  Electrical Review: $172 per permit b) >50 kW but ≤250 kW:  Building Permit/inspection/Plan Check/Electrical Review: plus $7 per kW above 50 kW c) >250 kW:  Building Permit/inspection/Plan Check/Electrical Review: plus $5 per kW above 250 kW ii) Thermal systems: a) ≤30 kWth: LAND DEVELOPMENT FEE SCHEDULE PROPOSED FEE REVISION DECEMBER 17, 2019 Page 13 of 31  Building Permit/inspection: $172 per permit  Plan Check: $172 per permit  Plumbing Review: $172 per permit b) >30 kWth but ≤260 kWth:  Building Permit/inspection/Plan Check/Plumbing Review: plus $7 per kWth above 30 kWth c) >260 kWth:  Building Permit/inspection/Plan Check/Plumbing Review: plus $5 per kWth above 260 kWth 9. Debris Recovery a) Residential Up to $1 Million $172 per permit $1 Million or greater $345 per permit b) Commercial Up to $1 Million $345 per permit $1 Million – $3 Million $517 per permit $3 Million or greater $690 per permit 10. Canopy/Awnings a) Building Permit / Inspection, <100 s.f.: $116 per permit b) Plan Check, <100 s.f.: $76 per permit c) Building Permit / Inspection, 101 – 400 s.f.: $258 per permit d) Plan Check, 101 – 400 s.f.: $178 per permit e) Building Permit / Inspection, >401 s.f.: $345 per permit f) Plan Check, >401 s.f.: $258 per permit 11. Mobile Homes a) Building Permit / Inspection.: $241 per permit b) Plan Check: $211 per permit 12. Commercial Coaches a) Building Permit / Inspection.: $241 per permit b) Plan Check: $211 per permit 13. Fences Greater than 7ft a) Building Permit / Inspection, chain-link or wood: $116 per permit b) Plan Check, chain-link or wood: $76 per permit c) Building Permit / Inspection, other materials: $172 per permit d) Plan Check, other materials: $345 per permit 14. Re-Roofs - Residential a) Building Permit / Inspection.: $150 per permit b) Processing: $38 per permit LAND DEVELOPMENT FEE SCHEDULE PROPOSED FEE REVISION DECEMBER 17, 2019 Page 14 of 31 15. Re-Roofs - Commercial a) Building Permit / Inspection.: $150 per permit b) Processing: $75 per permit 16. Energy Code Compliance Review for Miscellaneous Permits a) Residential: $172 per permit b) Commercial: $345 per permit S-003 Grading Plan Check/Inspection 1. Improvement Value: Up to $20,000 $20,000 $100,000 $1,000,000 2. Additional fee if work goes over 1 year (per year): Improvement Value: Up to $20,000 $20,000 $100,000 $1,000,000 Fee: $300 $690 plus $53.88 for each additional $1,000 or fraction thereof above $20,000 $5,000 plus $32.22 for each additional $1,000 or fraction thereof above $100,000 $34,000 plus $34.00 for each additional $1,000 or fraction thereof above $1,000,000 Fee: $300 $690 plus $45.13 for each additional $1,000 or fraction thereof above $20,000 $4,300 plus $17.44 for each additional $1,000 or fraction thereof above $100,000 $20,000 plus $20.00 for each additional $1,000 or fraction thereof above $1,000,000 S-004 Building Demolition Review $172 permit for single structure. $50 for each additional structure. S-006 Drainage Plan Review and Inspection 1. <2,500 s.f. New Impervious Surface Area 2. >2,500 s.f. New Impervious Surface Area 3. >10,000 s.f. New Impervious Surface Area $250 per permit $500 per permit $1,000 per permit. LAND DEVELOPMENT FEE SCHEDULE PROPOSED FEE REVISION DECEMBER 17, 2019 Page 15 of 31 S-008 R-Form Complaint Investigation Costs are offset by a portion of the 40% surcharge collected on building permit fees. To the extent surcharge revenues are insufficient, costs are absorbed by the operations reserve. S-009 R-Form Site Investigation $300 per investigation plus County's fully burdened hourly rates for travel time outside the County. S-010 County Code Compliance $300 per report. S-012 Subpoena Services Evidence reproduction: $60 per hour, $15 minimum Witness summons: Time and materials plus mileage, $150 deposit. Fee set per Administrative Bulletin 133.3. S-020, S- 052 Land Development Surcharge 40% surcharge applies on all building permit fees. LAND DEVELOPMENT FEE SCHEDULE PROPOSED FEE REVISION DECEMBER 17, 2019 Page 16 of 31 BUILDING VALUATION DATA Valuation. The determination of value or valuation under any provisions of the County Building Code shall be made by the Director of Conservation and Development. The total valuation to be used with the Fee Schedule shall be determined using the Building Valuation Data contained in the Building Safety Journal, publi shed by the International Code Council (ICC) or in the Successor publication by the ICC or its Successor organization. Work not listed in the Building Valuation Data shall be valued per the Building Valuation Data Supplement below, which may be modified administratively by the Director of Conservation and Development to clarify or cover additional types of work and situations. The valuation to be used in computing the building permit fee shall be the total valuation of all construction work for which the permit is issued, as well as all finish work, painting, roofing, mechanical, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems, and any other permanently installed equipment. For industrial facilities, the value of process equipment and heavy machinery supported by the structure or by its own foundation shall be included. Contractor overhead and profit shall be included. The valuation of grading, retaining walls, paving and other site work, and any demolition work, shall b e included unless such work was included in other permits issued by the Department of Conservation and Development. The valuation data is used to establish consistent criteria for calculating permit fees, and the calculated total valuation does not necessarily reflect actual costs. The County Assessor does not rely on this cost, but performs independent assessments of the permitted work. BUILDING VALUATION DATA SUPPLEMENT The work listed in this supplement shall be valued based on the gross square footage of the work, or where noted, as a lump sum. Where actual costs are higher, those costs shall be used for the valuation. $/Sq.Ft. 1. Residential addition -Good Quality 129.48 2. Residential remodel (to existing floor areas) If bathrooms are added or remodeled, for each one, add lump sum of: If kitchen is remodeled, add lump sum of: 64.75 6829.38 20488.15 3. Residential use conversion from garage, basement or unfinished area -Good Quality If bathrooms or kitchen added, include lump sum(s) as for residential remodel. 77.18 4. Sun room with >60% glazing, cabanas, other similar structures If conditioned space and integrated with main structure, add: 50.68 79.63 5. Patio cover (includes pre-fab types, usually with ICBO research listing) If enclosed with walls or glazing, add: 22.23 43.44 6. Deck 21.72 LAND DEVELOPMENT FEE SCHEDULE PROPOSED FEE REVISION DECEMBER 17, 2019 Page 17 of 31 7. Retaining wall (projected sq.ft. areas of wall and footing) -concrete or CMU -wood 14.48 7.25 8. Freestanding fence (projected area) -concrete or CMU -wood, chain-link 7.25 4.35 9. Swimming pool, lump sum of: 34146.91 10. Remodel or tenant improvement work in commercial buildings Type I and II Construction Type III, IV and V Construction If restrooms are added or relocated - add lump sum for each: If commercial kitchen is added - add lump sum of: 43.44 36.20 13658.77 40976.29 11. Reroofing -Built up, composition shingles, foam -Treated wood, metal and proprietary products -Tile - masonry, clay, concrete 4.35 5.08 6.51 12. Mobile home on permanent foundation (based on square footage of mobile home) 14.48 13. Moved building (for existing s.f. any added s.f. shall be at "average quality" valuation) 43.44 14. Agricultural/husbandry buildings -Pole construction -Wood construction -Steel construction 13.97 21.70 24.89 LAND DEVELOPMENT FEE SCHEDULE PROPOSED FEE REVISION DECEMBER 17, 2019 Page 18 of 31 II. PLANNING FEES S-013A S-013B Certificate of Compliance Review Determination of Legal Lot $3,800 minimum deposit, time and materials. $2,000 minimum deposit, time and materials. S-014, 015, 016 Development Plan Review Residential Substantial Non-Substantial Administrative Multiple-family/ Commercial/ Office/ Industrial $4,500 minimum deposit, time and materials. $1,500 minimum deposit, time and materials. $5,000 minimum deposit, time and materials. S-017 Time Extension (Administrative) $350 fee. S-018 Time Extension (Public Hearing) $750 fee. S-019 General Plan Amendment Review $5,200 minimum deposit, time and materials. S-019A Specific Plan Amendment $5,200 minimum deposit, time and materials. S-019B General Plan Amendment Feasibility Request $750 fee credited towards subsequent General Plan Amendment application. S-021 Land Use Permit (Quarry) $6,500 minimum deposit, time and materials. S-022 S-023 Land Use Permit (Quarry Reclamation Plan) Land Use Permit (Caretaker Mobile Home) $3,800 minimum deposit plus $75 per acre. Time and materials. $2,000 minimum deposit. Time and materials. S-024 Land Use Permit (Family Member Mobile Home) $2,000 minimum deposit. Time and materials. $150 with proof of financial hardship of property owner. S-026 Land Use Permit (Home Occupation) $2,000 minimum deposit. Time and materials. S-027A Accessory Dwelling Unit Permit $2,000 minimum deposit. Time and materials. S-028A Land Use Permit (Development Plan Combination) $6,000 minimum deposit plus Development Plan deposit. Time and materials. S-028B Land Use Permit (Development Plan Combination; Minor Revisions/Amendments) $2,300 minimum deposit. Time and materials. LAND DEVELOPMENT FEE SCHEDULE PROPOSED FEE REVISION DECEMBER 17, 2019 Page 19 of 31 S-025, 027, 027B, 029 Land Use Permit (Other) $5,500 minimum deposit. Time and materials. S-029A Land Use Permit (Solid Waste Disposal Review) $42,000 minimum deposit. Time and materials. S-030 Land Use Permit (Administrative Permit - Gas Well) $1,500 minimum deposit. Time and materials. S-031 Land Use Permit (Gas Well Ordinance) $4,000 minimum deposit. Time and materials. S-032 Lot Line Adjustment Review $700 S-033 Tentative Subdivision Map Review - Major $10,000 minimum deposit. Time and materials. S-033A Development Agreement $10,000 minimum deposit. Time and materials. S-034, 034A Tentative Subdivision Map Review – Minor/ Reversion to Acreage $7,500 minimum deposit. Time and materials. S-035 Condo Conversion Tentative Map $10,000 minimum deposit. Time and materials. S-036 Lot Split $2,250 minimum deposit. Time and materials. S-036A S-036B S-037 S-038 S-039A Undersized Lot Review Undersized Lot Review plus Alteration of Protected Tree Planned Unit Development Rezoning Review - Residential Planned Unit Development Rezoning Review – Commercial/Industrial Planned Unit Development Rezoning Review – Review/New $300 filing fee. If public hearing is requested, $3,000 minimum deposit in addition to review fee. Time and materials. $3,000 minimum deposit. Time and materials. $7,000 minimum deposit. Time and materials. $7,000 minimum deposit. Time and materials. $5,000 minimum deposit. Time and materials. S-039B Planned Unit Development Final Development Plan Review/Non- Substantial Modification $2,000 minimum deposit. Time and materials. LAND DEVELOPMENT FEE SCHEDULE PROPOSED FEE REVISION DECEMBER 17, 2019 Page 20 of 31 S-039C Planned Unit Development Final Development Plan Review/ Substantial Modification $4,500 minimum deposit. Time and materials. S-040 Planned Unit Development Tentative Subdivision Map Review $5,000 minimum deposit. Time and materials. S-041 Rezoning Review - Commercial/Industrial $7,000 minimum deposit. Time and materials. S-042 Rezoning Review - Other $7,000 minimum deposit. Time and materials. S-043 Police Services District Formation $1,500 minimum deposit. Time and materials. S-044 Zone Variance $3,250 minimum deposit. Time and materials. S-045 Sign Review Minor modification: $750 minimum deposit. Time and materials. Public hearing: Additional $2,000 deposit towards time and materials. S-045A Address Change/Private Road Name Change $500 fee plus $100 per address over 10. S-046 S-046B S-046C S-046D Request for Determination Historic Nomination Major Historic Review Minor Historic Review $900 minimum deposit. Time and materials. $500 minimum deposit. Time and materials. $1,000 minimum deposit. Time and materials. $500 minimum deposit. Time and materials. S-046E Use Verification (administrative) $200 filing fee. S-047A, S-047B, S-047C, S-047D Zoning Administrator Appeal $250 filing fee. S-047E Planning Commission Agenda Mailing Service $25 fee for Single Agenda. $5 fee for each additional agenda. S-048 Fish and Game - Posting Fee Administrative Fee $50 fee collected for an external agency. $25 fee collected for an external agency. S-048A, S-048B, S-048C, S-048D Appeal to the Board $250 filing fee. S-049 Reconsideration Review $250 filing fee. LAND DEVELOPMENT FEE SCHEDULE PROPOSED FEE REVISION DECEMBER 17, 2019 Page 21 of 31 S-049A Condition of Approval - Modification Review $1,500 filing fee. Time and materials with $2,500 deposit if modification goes to public hearing. S-050 Agricultural Preserve Rezoning Review $2,500 minimum deposit. Time and materials. S-050A Agricultural Preserve Contract $2,000 deposit. Time and materials. S-051 Agricultural Preserve Cancellation Review $5,000 minimum deposit. Time and materials. S-051A Pre-application Review Minor Subdivision, Minor Land Use Permit, Development Permit (not more than one building) Major Subdivision Major Residential, Commercial or Industrial Development (more than one building) $2,000 fee. Additional deposit required for future applications. $2,000 fee. Additional deposit required for future applications. $2,000 fee. Additional deposit required for future applications. S-051B Agricultural Preserve Non-Renewal Notice $300 minimum deposit. Time and materials. S-051C Annual Review of Quarry Reclamation $2,000 filing fee. S-051D Permit for Alteration of Protected Trees $750 minimum deposit. Time and materials. S-051F Heritage Tree (appeal) $500 minimum deposit plus time and materials. S-051G Heritage Tree (nomination) $500 fee per tree. (per application) S-051H Heritage Tree (removal permit) $3,000 minimum deposit plus time and materials. S-051J Heritage Tree (encroachment permit) $1,000 minimum deposit plus time and materials. S-053 Mitigation/ Condition of Approval Compliance Monitoring $2,000 minimum deposit plus time and materials. S-056 Hazardous Waste Application Review Determination Monitoring 86/100 Mitigation Monitoring (non 86/100) $2,000 minimum deposit plus time and materials. No Charge. No Charge S-057 Environmental Impact Review Contract amount plus 25% administrative surcharge. Time and materials. LAND DEVELOPMENT FEE SCHEDULE PROPOSED FEE REVISION DECEMBER 17, 2019 Page 22 of 31 S-060 Records Information Research Retrieval/research fee: $193 per hour or fraction thereof. $15 minimum. Photocopy charges at published rates. Documents requested to be certified have an additional charge: First page: $4.50. Add'l pages: $1.00 each. Contacting Licensed Professional for Records Release: $48 S-060A Geologic Review $3,600 minimum deposit. Time and materials. S-060B Landscaping and Tree Protection Agreement Time and materials charged against $200 minimum initial deposit. S-060C COA Compliance Check for Building Permit Issuance $1,500 minimum deposit. Time and materials. S-060D Liquor License Site Determination $600 filing fee. S-060E Gun Ordinance Annual License $250 filing fee. S-060F Deemed Approved Annual Fee $400 yearly fee per ABC license. S-060G Subpoena Services Evidence reproduction: $60 per hour, $15 minimum. Witness summons: Time and materials plus mileage, $150 deposit. Fee set per Administrative Bulletin 133.3. S-060H Temporary Events $500 deposit – Time and materials - $2,500 cap. S-060I Home Occupation Permit (Admin.) $150 filing fee. S-060J Meteorological Tower Permit (Admin.) $1,000 minimum deposit plus time and materials. S-060K Wireless Facility Access Permit $4,000 minimum deposit plus time and materials. S-060L Wireless Facility Minor Alteration Permit $2,000 minimum deposit plus time and materials. S-060M Wireless Facility Collocation Permit $2,000 minimum deposit plus time and materials. S-060N Cannabis Letter of Intent Review Fee $500 fee. S-060P S-060Z Cannabis Proposal Review Fee Planning Consideration $2,500 fee. $500 deposit, plus time and materials S-065 Child Care Application Review $1,500 minimum deposit. Time and materials. LAND DEVELOPMENT FEE SCHEDULE PROPOSED FEE REVISION DECEMBER 17, 2019 Page 23 of 31 S-066A Late Filing of Development Permit Application Nonrefundable penalty equal to 50% of application fee or deposit amount. S-066B Special Technical Studies and/or Legal Counsel Any project requiring special technical studies not listed above and/or special legal counsel shall pay costs directly in addition to County administrative and review fees FEES FOR NORTH RICHMOND PLANNED UNIT DISTRICT AREA S-NR01 Administrative Permits $1,000 deposit, plus time and materials. S-NR02 Land Use Permit – Automotive Uses $3,000 deposit, plus time and materials. S-NR03 Land Use Permit $2,000 deposit, plus time and materials. S-NR04 Development Permit $2,000 deposit, plus time and materials. S-NR05 Lot Line Adjustment $500 fee per project. S-NR06 Home Occupation $150 filing fee. FEES FOR RODEO PLANNED UNIT DISTRICT AREA S-RD01 Administrative Permits $1,000 deposit, plus time and materials. S-RD02 Land Use Permit – Automotive Uses $3,000 deposit, plus time and materials. S-RD03 Land Use Permit $2,000 deposit, plus time and materials. S-RD04 Development Permit $2,000 deposit, plus time and materials. S-RD05 Lot Line Adjustment $500 fee per project. S-RD06 Home Occupation $150 filing fee. FEES FOR BAY POINT PLANNED UNIT DISTRICT AREA S-BP01 Administrative Permits $1,000 deposit, plus time and materials. S-BP02 Land Use Permit - Automotive Uses $3,000 deposit, plus time and materials. S-BP03 Land Use Permit $2,000 deposit, plus time and materials. S-BP04 Development Permit $2,000 deposit, plus time and materials. S-BP05 Lot Line Adjustment $500 fee per project. S-BP07 Home Occupation $150 filing fee. LAND DEVELOPMENT FEE SCHEDULE PROPOSED FEE REVISION DECEMBER 17, 2019 Page 24 of 31 FEES FOR MONTALVIN MANOR PLANNED UNIT DISTRICT AREA S-MM01 Administrative Permits $1,000 deposit, plus time and materials. S-MM02 Land Use Permit – Automotive Uses $3,000 deposit, plus time and materials. S-MM03 Land Use Permit $2,000 deposit, plus time and materials. S-MM04 Development Permit $2,000 deposit, plus time and materials. S-MM05 Lot Line Adjustment $500 fee per project. S-MM07 Home Occupation $150 filing fee. FEES FOR EL SOBRANTE PLANNED UNIT DISTRICT AREA S-ES01 Administrative Permits $1,000 deposit, plus time and materials. AFFORDABLE HOUSING REFINANCING PROCESS FEES S-HM01 Multi-Family Affordable Housing Refinancing Fee $1,000 deposit plus time and materials. S-HS01 Single-Family Affordable Housing Refinancing Fee $350 deposit plus time and materials. S-MCC01 Mortgage Credit Certificate Insurance $300 deposit plus time and materials. S-RMCC1 Reissued Mortgage Credit Certificate $300 deposit plus time and materials. S-MCC02 Replacement lost mortgage credit and reissued mortgage credit certificate $100 deposit plus time and materials. S-MCC03 MCC Lender Participation $400 deposit plus time and materials. S-MCC04 MCC Lender Participation Annual Renewal $200 deposit plus time and materials. LAND DEVELOPMENT FEE SCHEDULE PROPOSED FEE REVISION DECEMBER 17, 2019 Page 25 of 31 IN-LIEU FEES FOR INCLUSIONARY HOUSING ORDINANCE – APPLIES TO PROJECTS WITH 5 THROUGH 125 UNITS ONLY. FEES ARE NOT ALLOWED ON PROJECTS WITH MORE THAN 125 UNITS EXCEPT FOR FRACTIONAL UNITS Fees are one option for compliance. See Ordinance for requirements and options for any project of five or more units. Fees may be paid on a fraction of a unit if the calculation of the required number of inclusionary units in a project results in a fraction of a unit. Developments of 5 or more units must provide 15% of the units as affordable. For-sale developments must have 80% of the inclusionary units (12% of total units) as affordable to moderate income households and 20% of the inclusionary units (3% of total units) as affordable to lower income households. Rental developments must have 80% of the inclusionary units (12% of total units) as affordable to lower income households and 20% of the inclusionary units (3% of total units) as affordable to very-low income households. Refer to Ordinance for income definitions. Fee amounts are based on the formula in Section 822.4404(b) of the ordinance. S-IH1 FOR SALE HOUSING IN-LIEU FEE $6,600.06 per market rate unit. Fee equals 12% of total number of units in the development times $0 plus 3% of total number of units in the development times $220,002; i.e., (0.12 x total units) x ($0) + (0.03 x total units) x ($220,002). S-IH2 RENTAL HOUSING IN-LIEU FEE $24,200.55 per market rate unit. Fee equals 12% of total number of units in the development times $130,350 plus 3% of total number of units in the development times $285,285; i.e., [(0.12 x total units) x ($2,376) + (0.03 x total units) x ($5,184)]*(55 years). LAND DEVELOPMENT FEE SCHEDULE PROPOSED FEE REVISION DECEMBER 17, 2019 Page 26 of 31 III. LAND DEVELOPMENT (ENGINEERING) FEES S-068 Final Map Check (Major) Deposit of $7,000. Time and materials. S-069 Parcel Map Check Deposit of $3,000. Time and materials. S-070 Record of Survey Check The fee is actual time at the County's fully burdened hourly rates charged against an initial deposit of $700, and additional deposits as necessary. The minimum fee is $200. S-072 Public Improvement Plan Check (Major) Based on Improvement Value: $100,000 or less $100,001-$500,000 More than $500,000 Deposit of: $10,000 $15,000 $20,000 Time and materials. S-073 Public Improvement Plan Check (Minor) Based on Improvement Value: $100,000 or less $100,001-$500,000 More than $500,000 Deposit of: $10,000 $15,000 $20,000 Time and materials. S-074A Public Improvement Plan Check (LUP) Based on Improvement Value: $100,000 or less $100,001-$500,000 More than $500,000 Deposit of: $10,000 $15,000 $20,000 Time and materials. S-075 Public Improvement Plan Check (Development Plan) Based on Improvement Value: $100,000 or less $100,001-$500,000 More than $500,000 Deposit of: $10,000 $15,000 $20,000 Time and materials. S-076 Drainage Review (No Improvement Plan) $1,000 deposit. Time and materials. S-076A Condition of Approval Compliance Check (No Improvement Plan) $2,000 deposit. Time and materials. LAND DEVELOPMENT FEE SCHEDULE PROPOSED FEE REVISION DECEMBER 17, 2019 Page 27 of 31 S-076B Improvement Agreement Extension $1,000 if documents signed and submitted 21 days before agreement expires, $2,000 thereafter. S-077 Public Improvement Inspection (Major) Based on Improvement Value: $100,000 or less $100,001-$500,000 More than $500,000 Deposit of: $5,000 $10,000 $20,000 Time and materials. S-078 Public Improvement Inspection (Minor) Based on Improvement Value: $100,000 or less $100,001-$500,000 More than $500,000 Deposit of: $5,000 $10,000 $20,000 Time and materials. S-079 Public Improvement Inspection (Land Use Permit) Based on Improvement Value: $100,000 or less $100,001-$500,000 More than $500,000 Deposit of: $5,000 $10,000 $20,000 Time and materials. S-080A Public Improvement Inspection (Development Plan) Based on Improvement Value: $100,000 or less $100,001-$500,000 More than $500,000 Deposit of: $5,000 $10,000 $20,000 Time and materials. S-081C Public Improvement Plan Review - Landscaping Based on Improvement Value: $100,000 or less $100,001-$500,000 More than $500,000 Deposit of: $10,000 $15,000 $20,000 Time and materials. S-081D Subdivision Monument Check 1-6 monuments $1,400 7 or more monuments (per monument) $235 LAND DEVELOPMENT FEE SCHEDULE PROPOSED FEE REVISION DECEMBER 17, 2019 Page 28 of 31 S-081E Application Review - Encroachment Permit (small) (driveway, sidewalk repairs, small retaining walls, sewer laterals or water service by property owner, etc.) $50.00 filing fee plus $1,000 cash bond required for work in the street. S-081F Application Review - Encroachment Permit (large) Deposit determined by staff based on valuation with a $1,000 initial deposit. One hour minimum. Time and materials. Bond may be required. S-081G Application Review - Encroachment Permit (utilities) Time and materials. One hour minimum. S-082B Public Improvement Inspection - Landscaping Based on Improvement Value: $100,000 or less $100,001-$500,000 More than $500,000 Deposit of: $5,000 $10,000 $20,000 Time and materials. S-082C Encroachment Permit Inspection (small) (driveways, sidewalk repairs, small retaining walls, etc.) $250 filing fee. Unpermitted inspection fee is double inspection and permit fee. Non-notification for inspection: $500 plus time and materials. S-082D Encroachment Permit Inspection (large) (If engineering plans required for street excavation) Time and materials. One hour minimum. $1,000 initial deposit charged at time and materials. Non-notification for inspection: $500 plus time and materials. S-082E Encroachment Permit Inspection (utilities) Time and materials. One hour minimum. $1,000 initial deposit charged at time and materials. Non-notification for inspection: $500 plus time and materials. S-083A S-083B Flood Control District Encroachment Permit (Construction Review or Temporary Right of Entry) Flood Control District Permit Inspection Time and materials. $900 initial deposit. Time and materials. Initial deposit is the larger of $1,000 or 10% of project valuation. S-084A Drainage Permit Application Time and materials. $1,600 initial deposit. S-084B Drainage Permit Inspection Time and materials. $1,600 initial deposit. LAND DEVELOPMENT FEE SCHEDULE PROPOSED FEE REVISION DECEMBER 17, 2019 Page 29 of 31 S-085A Miscellaneous Road Permit Application (house move) Time and materials. $500 initial deposit. S-085B Miscellaneous Road Permit Application (house move inspection) Time and materials. $500 initial deposit. S-085C Miscellaneous Road Permit Application (extra-legal load) Permit fee set by State. Premium billing service $100 per year plus $100 security deposit. S-085D Miscellaneous Road Permit Application (temporary road closure - construction) For-profit applicant $300.00 Not-for-profit applicant $50.00 S-085E Miscellaneous Road Permit Application (temporary road closure - special events) For-profit applicant $300.00 Not-for-profit applicant $50.00 S-085F Miscellaneous Road Permit Application (extension/modification) $235 per extension/modification. S-085G Road Acceptance Plan Review Same as S-072, S-073, S-074A, S-075 as applicable. Time and materials. S-085H S-085S Road Acceptance Inspection Stormwater Management Compliance Same as S-077, S-078, or S-080A as applicable. Time and materials. Time and materials. $5,000 initial deposit. S-086 Street Vacation Review Time and materials. $2,000 initial deposit. S-086A Floodplain Management Compliance $45 per permit. S-086B Flood Zone Determination Office Review: $100 per lot. $600 max for a group of adjacent parcels. Site Visit: $400 fee, time and materials Base Flood Elevation Determination: $500 fee, time and materials. S-086C Floodplain Management Permit Application $550 per application. Time and materials. S-086D Floodplain Elevation Certification $235 per lot. S-086E Floodplain Map Revision/Amendment Floodplain Map Amendment: $700 fee, time and materials. S-088 Certificate of Correction $150 per application. S-088A Adopt-a-Road $500 per application. LAND DEVELOPMENT FEE SCHEDULE PROPOSED FEE REVISION DECEMBER 17, 2019 Page 30 of 31 S-088B Adopt-a-Park $500 per application. S-088C Road Name Change (public road) Time and materials. $1,000.00 initial deposit. S-088D S-088F Corner Record Check Base Map Revision Fee same as fee for recording a document at the Recorder's Office. $60 per lot. This fee is waived if the parcel maps or final maps are submitted on computer disk. S-088H Amended Map Revision Time and materials. $1,000.00 initial deposit. S-088J Subpoena Services Evidence reproduction: $60 per hour, $15 minimum. Witness summons: Time and materials plus mileage, $150 deposit. Fee set per Administrative Bulletin 133.3. S-088L S-089A Computer Map and Data Requests Reversion to Acreage Time and materials. $1,000.00 initial deposit. Time and materials. $10,000.00 initial deposit. S-087C S-083MT Legal Counsel Review Review of Special Technical Studies Any project requiring special technical studies not listed above and/or special legal counsel shall pay costs directly in addition to County administrative and review fees Public Works Fees for Review of Planning Applications S-013 Certificate of Compliance Review $1,000 deposit, time and materials. S-014 Development Plan Review – Multi-Family $2,000 deposit, time and materials. S-015 Development Plan Review - Residential- Substantial $2,000 deposit, time and materials. S-021 Land Use Permit (Quarry) $2,000 deposit, time and materials. S-022 Land Use Permit (Quarry Reclamation Plan) $2,000 deposit, time and materials. S-029 Land Use Permit - Other $2,000 deposit, time and materials. S-039A Planned Unit Development Final Development Plan - Review/New $2,000 deposit, time and materials. S-039B Planned Unit Development Final Development Plan - Review/Non-Substantial Modification $1,500 deposit, time and materials. LAND DEVELOPMENT FEE SCHEDULE PROPOSED FEE REVISION DECEMBER 17, 2019 Page 31 of 31 S-039C Planned Unit Development Final Development Plan - Review/ Substantial Modification $2,000 deposit, time and materials. S-040 Planned Unit Development Tentative Subdivision Map Review $6,000 deposit, time and materials. S-044 Zone Variance $1,000 deposit, time and materials. S-051A Pre-application Review $1,000 deposit, time and materials. S-060C COA Compliance Check for Building Permit Issuance $1,000 deposit, time and materials. S-060K Wireless Facility Access Permit $2,000 deposit, time and materials. S-060L Wireless Facility Minor Alteration Permit $1,000 deposit, time and materials. S-83PW Other Planning Applications Requiring Public Works Department Review and Comment $1,000 deposit, time and materials. S-082F Right of Entry Permit for Iron Horse Corridor Small: $300 per application. Large: $1,000 deposit, time and materials. RECOMMENDATION(S): Acting in its capacity as the Contra Costa County Board of Supervisors and as the Board of Directors of the Crockett-Carquinez Fire Protection District and the Contra Costa County Fire Protection District: OPEN the public hearing on Ordinance No. 2019-37, adopting the 2019 California Fire Code, with local amendments, as the fire code within Contra Costa County, the Contra Costa County Fire Protection District, and the Crockett-Carquinez Fire Protection District; RECEIVE testimony; and CLOSE the public hearing. 1. ADOPT Ordinance No. 2019-37, adopting the 2019 California Fire Code, with local amendments, as the fire code within Contra Costa County, the Contra Costa County Fire Protection District, and the Crockett-Carquinez Fire Protection District. 2. ADOPT the attached findings in support of the amendments to the 2019 California Fire Code.3. DIRECT the Fire Districts, pursuant to Health and Safety Code section 17958.7, to send a certified copy of Ordinance No. 2019-37, the attached findings, and this Board Order to the California Department of Housing and Community Development and to the California Building Standards Commission. 4. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Chris Bachman, Assistant Chief / Fire Marshal (925) 941-3300 x1520 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D.11 To:Board of Supervisors From:Lewis T. Broschard III, Chief, Contra Costa Fire Protection District Date:December 17, 2019 Contra Costa County Subject:Public Hearing - Ordinance 2019-37 to Adopt 2019 California Fire Code with Local Amendments RECOMMENDATION(S): (CONT'D) > AUTHORIZE the publication of the ordinance summary prepared by County Counsel in accordance with Government Code section 25124. 5. DIRECT the Clerk of the Board of Supervisors to post at its office, and each Fire District to post at its office, a certified copy of the full text of Ordinance No. 2019-37, as adopted, with the names of the Supervisors/Directors voting for and against the ordinance, in accordance with Government Code section 25124. 6. FIND that adoption of the ordinance is exempt from CEQA pursuant to CEQA guidelines section 15061(b)(3). 7. DIRECT staff to file a Notice of Exemption with the County Clerk.8. FISCAL IMPACT: The fiscal impact is neutral. The adoption of this ordinance will provide the administrative authority to enforce the provisions of the California Fire Code as amended. BACKGROUND: The California Building Standards Commission has adopted and published the 2019 Building Standards Code, which includes the 2019 California Fire Code prepared and adopted by the State Fire Marshal. The statewide code becomes effective January 1, 2020. Although the code applies statewide, Health and Safety Code sections 17958.5 and 18941.5 authorize a local jurisdiction to modify or change the statewide code and establish more restrictive standards if the jurisdiction finds that the modifications and changes are reasonably necessary because of local climatic, geological, or topographical conditions. Ordinance No. 2019-37 adopts the 2019 California Fire Code and amends it to address local conditions. There are no material changes to the local ordinance previously adopted by the Board in the 2016 code adoption process, and the amendments previously adopted by the Board are reflected in the proposed ordinance. The attached ordinance amends the 2019 California Fire Code by establishing automatic sprinkler system requirements that are more restrictive than the sprinkler requirements in the statewide code. The attached ordinance requires the installation of automatic fire sprinkler systems in most commercial buildings greater than 5,000 square feet, and in private and charter schools greater than 2,000 square feet. New public schools are required to install fire sprinklers regardless of square footage. Reducing the sprinkler threshold to 2,000 square feet for private schools brings the requirement more in line with public schools. Several other occupancies were clarified to require sprinklers as well, including light hazard warehouse type occupancies. The more restrictive requirements are necessary due to Contra Costa County’s climatic, geological, and topographical conditions, which impact fire prevention efforts and the frequency, spread, acceleration, intensity, and size of fire involving buildings. The automatic sprinkler system requirements are set forth in Section 903.2 of the attached ordinance. The automatic sprinkler system requirements specific to schools are set forth in Section 903.2.3 of the attached ordinance. The attached ordinance also clarifies a requirement for standby EMS personnel for large events that may tax the EMS system. The clarification is necessary because the statewide code as written does not assume that a fire agency is also an ambulance providing entity. The fire districts’ existing weed abatement program is incorporated into Section 321 of the ordinance. This program authorizes the fire districts to declare certain weeds that pose a fire hazard as a public nuisance, to abate those weeds, and to recover abatement costs from property owners. Chapter 5 and Appendix D of the ordinance establish requirements for fire apparatus access roads, including requirements for turnouts, parking on access roads, and maximum grades. Notice of the public hearing was published in accordance with Government Code section 6066. A summary of the ordinance was prepared and published in accordance with Government Code section 25124(b). CONSEQUENCE OF NEGATIVE ACTION: Without the adoption of the 2019 California Fire Code (CFC) with local amendments, the Fire District will not have the legal authority to enforce any exterior hazard abatement standards or the ability to conduct fire and life safety inspections in occupancies other than high-rise buildings, schools, hotels, motels, apartments, and day care facilities. In addition, without adoption of the CFC, occupancies that conduct operations such as the production, storage, and sale of hazardous materials, places of assembly, and the review of construction documents and testing of fire protection and fire alarm systems would no longer be regulated by the Fire District. Furthermore, adoption of the 2019 CFC is necessary to continue allowing the Fire District to collect fees to recover the costs of providing fire prevention related services. Without adoption of the CFC, as amended, the Fire District general fund revenues would be required to provide the fiscal support necessary to fund the positions currently supported by operational permit and inspection fees and new construction plan review fees. This would result in a decrease in the amount of general fund revenues available for conducting emergency response activities or critical fire prevention services and personnel would need to be reduced or eliminated. AGENDA ATTACHMENTS Ordinance No. 2019-37 Findings ISO Ordinance No. 2019-37 MINUTES ATTACHMENTS Signed Ord 2019-37 ORDINANCE NO. 2019-37 1 ORDINANCE NO. 2019-37 FIRE CODE ORDINANCES OF THE COUNTY OF CONTRA COSTA, THE CROCKETT-CARQUINEZ FIRE PROTECTION DISTRICT, AND THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT ADOPTING THE 2019 CALIFORNIA FIRE CODE WITH AMENDMENTS. The Contra Costa County Board of Supervisors, as the Board of Supervisors for Contra Costa County and as the Board of Directors of the Crockett-Carquinez Fire Protection District and the Contra Costa County Fire Protection District, ordains as follows: SECTION 1. ADOPTION OF THE CALIFORNIA FIRE CODE. Contra Costa County, the Crockett-Carquinez Fire Protection District, and the Contra Costa County Fire Protection District hereby adopt the 2019 California Fire Code (California Code of Regulations, Title 24, Part, 9 [based on the 2018 International Fire Code published by the International Code Council]), including Chapters 1-10 and 12-80, Appendix B, Appendix C, Appendix D, Appendix F, Appendix H, Appendix I, Appendix J, and Appendix K, as amended by the changes, additions, and deletions set forth in this ordinance. The 2019 California Fire Code, with the changes, additions, and deletions set forth this ordinance, is adopted by this reference as though fully set forth in this ordinance. As of the effective date of this ordinance, the provisions of the fire code are controlling and enforceable within the limits of each jurisdiction. SECTION 2. AMENDMENTS TO THE CALIFORNIA FIRE CODE. The 2019 California Fire Code is amended by the changes, additions, and deletions set forth in this Section 2. Chapter and Section numbers used below are those of the 2019 California Fire Code. Chapter 1. Scope and Administration. Section 101.1 is amended to read: 101.1 Title. This code is the Fire Code of Contra Costa County, the Crockett-Carquinez Fire Protection District, and the Contra Costa County Fire Protection District, and is hereinafter referred to as “this code.” Section 102.1 is amended to add item 5, to read: 5. Where not otherwise limited by law, the provisions of this code shall apply to vehicles, ships, and boats that are permanently affixed to a specific location within the boundaries of this jurisdiction. Section 105.6 is amended to read: 105.6 Required operational permits. The fire code official is authorized to issue operational permits for the operations set forth in Chapter 1, Sections 105.6.1 through 105.6.62. Section 105.6.4 is amended to read: 105.6.4 Carnivals, Fairs, Festivals and Exhibitions. A permit is required to operate a carnival, fair, festival, or exhibition. ORDINANCE NO. 2019-37 2 Section 105.6.31 is amended to read: 105.6.31 Motor Fuel Dispensing Facilities. An operational permit is required for the operation of automotive, marine, and fleet motor fuel dispensing facilities, including for sites that allow mobile fueling from a service provider to the general public. Section 105.6 is amended by adding subsections 105.6.52 through 105.6.62, to read: 105.6.52 Asbestos removal. A permit is required to conduct asbestos-removal operations regulated by Section 3318. 105.6.53 Automobile Wrecking or Dismantling Yard. An operation permit is required for all automobile wrecking yards, automobile dismantling operations, and similar operations. 105.6.54 Battery systems. A permit is required to operate stationary lead-acid battery systems having a liquid capacity of more than 50 gallons (189 L) pursuant to Section 608. 105.6.55 Christmas tree sales. A permit is required to use a property for the purpose of selling cut Christmas trees. 105.6.56 Emergency Responder Radio Coverage. A permit is required for facilities with Emergency Responder Radio Coverage Systems. 105.6.57 Firework aerial display. A permit is required to conduct a firework display regulated by California Code of Regulations, Title 19 and Chapter 56 of this code. 105.6.58 Model rockets. A permit is required to sell model rocket motors or launch model rockets (in excess of 3 launches per event) pursuant to California Code of Regulations, Title 19, Division 1, Article 17. Permits issued in accordance with this section are for the site, and are effective as long as site conditions have not changed. 105.6.59 Temporary water supply. A permit is required to use a temporary water supply for construction of residential projects or subdivisions pursuant to Section 3312.1. 105.6.60 Tire storage. A permit is required to store more than 1,000 cubic feet (28.3m3) of tires inside buildings pursuant to Chapter 34. 105.6.61 Oil Extraction Process. A permit is required to operate a process that uses a volatile solvent or Liquid Carbon Dioxide to extract oil from organic material. 105.6.62 Indoor Growing Operation. A permit is required to operate an indoor growing operation. Exception: Agricultural Greenhouses in an agricultural zone. Section 105.7 is amended to read: 105.7 Required construction permits. The fire code official is authorized to issue construction permits for the operations set forth in Chapter 1, Sections 105.7.1 through 105.7.31. ORDINANCE NO. 2019-37 3 Section 105.7 is amended by adding Sections 105.7.26 through 105.7.31, to read: 105.7.26 Access for fire apparatus. Plans shall be submitted and a permit is required to install, improve, modify, or remove public or private roadways, driveways, and bridges for which Fire District access is required by the Fire Code. A permit is required to install a gate across a fire apparatus access road pursuant to Section 503. 105.7.27 Construction, alteration, or renovation of a building for which a building permit is required. Plans shall be submitted to the fire code official for all land developments or for the construction, alteration, or renovation of a building within the jurisdiction where a building permit is required. Exception: Non-sprinklered Group R-3 Occupancies where work does not involve a substantial addition or expansion. 105.7.28 Medical gas systems. A construction permit is required for the installation of or modification to a medical gas system pursuant to Section 5306. 105.7.29 Refrigeration equipment. A permit is required to install a mechanical refrigeration unit or system regulated by Chapter 6 and/or the California Mechanical Code. 105.7.30 Land Development, Subdivisions. Plans shall be submitted to the fire code official for all land developments or improvements proposed within the jurisdiction that involve the subdivision of land. 105.7.31 Water supply for fire protection. Plans shall be submitted to the fire code official for the purpose of determining whether adequate water supplies, fire hydrants, and associated systems are provided for all facilities, buildings, or portions of buildings either constructed or moved into the District pursuant to Section 507. Section 105.8 is added, to read: 105.8 Responsibility of permitee. Construction permits shall be presumed by the Fire District to incorporate all of the work that the applicant or the applicant's agent, employees, or contractors shall carry out. Work performed shall be in accordance with the approved plans and with all requirements of this code and any other laws or regulations applicable thereto. No Fire District approval shall relieve or exonerate any person from the responsibility of complying with the provisions of this code nor shall any vested rights be created for any work performed in violation of this code. Section 109.1 is amended to read: 109.1 Board of appeals established. In order to hear and decide appeals of orders, decisions, or determinations made by the fire code official relative to the application and interpretation of this code, there is hereby created a board of appeals. The board of appeals is comprised of the Board of Directors. Section 109.3 is deleted. Section 110.4 is amended to read: 110.4 Violation penalties. Every person who violates any provision of this fire code is guilty of an infraction or misdemeanor in accordance with Health and Safety Code Section 13871 and Government Code Section 53069.4. The imposition of one penalty for any violation shall not excuse the violation or ORDINANCE NO. 2019-37 4 permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense. The application of the aforesaid penalty shall not be held to prevent the enforced removal of prohibited conditions. Section 112.4 is amended to read: 112.4 Failure to comply. Any person who continues any work after having been served with a stop work order is subject to citation, except any work that a person is directed by the fire code official to perform to remove a violation or unsafe condition. Chapter 2. Definitions. Section 202 is amended by adding the following definitions to that section: Administrator. Fire Chief. All-weather driving surface. A roadway with a minimum surface finish of one layer of asphalt or concrete that is designed to carry the imposed weight loads of fire apparatus. Automobile Dismantling. The operation of dismantling or removing parts from salvaged vehicles including engines or engine parts. Automobile Wrecking Yard. An area that stores or dismantles salvaged vehicles. Board of Directors. The Contra Costa County Board of Supervisors as the governing body of the Crockett- Carquinez Fire Protection District and the Contra Costa County Fire Protection District. Board of Fire Commissioners. An advisory commission appointed by the Board of Directors to act as set forth in this ordinance and by resolutions of the Board of Directors. Cost of Abatement. Includes all expenses incurred by the jurisdiction in its work of abatement and administrative costs pursuant to Section 319.5 of this code. Defensible Space. The area within the perimeter of a parcel providing the key point of defense from an approaching wildland or escaping structure fire. Driveway. A private roadway that provides access to no more than two (2) single-family dwellings. Fire Code Official. In the Contra Costa County Fire Protection District, the Fire Code Official is the Fire Marshal. In the Crockett-Carquinez Fire Protection District, the Fire Code Official is the Fire Chief. Firebreak. A continuous strip of land upon and from which all rubbish, weeds, grass, or other growth that could be expected to burn has been abated or otherwise removed in order to prevent extension of fire from one area to another. Fire trail. A graded firebreak of sufficient width, surface, and design to provide access for personnel and equipment to suppress and to assist in preventing a surface extension of fires. ORDINANCE NO. 2019-37 5 Nuisance Fire Alarm. The activation of any fire protection or alarm system which results in the response of the Fire District and is caused by malfunction, improper maintenance, negligence, or misuse of the system by an owner, occupant, employee, or agent, or any other activation not caused by excessive heat, smoke, fire, or similar activating event. Person. Includes individuals, firms, partnerships, and corporations. Priority Hazard Zone. An area where the threat from wildfire is severe due to proximity to open space, topography, degree of space, density of homes and/or amount of vegetation (native and ornamental), and/or other conditions favorable to fast moving fires. Reduced Fuel Zone. The area that extends from thirty (30) feet to one hundred (100) feet away from the structure, or to the property line, whichever is closer to the structure. Response time. The elapsed time from receipt of call to the arrival of the first unit on scene. Rubbish. Waste matter, litter, trash, refuse, debris, and dirt on streets or private property in the jurisdiction which is, or when dry may become, a fire hazard. Rural area. An area generally designated for agricultural or open space uses with parcels more than 10 acres (4.046873ha) in size. Rural residential area. An area generally designated for single family residential use with parcels between three (1.2140619ha) and 10 (4.046873ha) acres in size. Running time. The calculated time difference between leaving the first-due station and arriving on the emergency scene. Sprinkler Alarm and Supervisory System (SASS). A Dedicated Function Fire Alarm System located at the protected premise installed specifically to monitor sprinkler water-flow alarm, valve supervisory, and general trouble conditions where a Building Fire Alarm is not required. Streets. Includes alleys, parkways, driveways, sidewalks, and areas between sidewalks and curbs, highways, public right of ways, private road, trails, easements, and fire trails. Substantial Addition or Expansion. Addition, expansion, remodel, or renovation of any structure where the addition of new fire area exceeds fifty percent of the existing fire area. For the purposes of this definition, areas of a building in which construction elements including walls and roof assemblies were demolished and rebuilt are considered new fire area. Temporary fire department access road for construction. An approved temporary roadway for emergency vehicle use during construction of residential subdivision projects. Temporary fire department access road for construction of one (1) residential (R3) unit. A temporary roadway for emergency vehicle use during construction of an individual residential (R3) structure where a fire department access road is required as part of the project. Temporary water supply. Water stored for firefighting purposes in an approved aboveground tank during combustible construction. ORDINANCE NO. 2019-37 6 Tree litter. Any limbs, bark, branches, and/or leaves in contact with other vegetation or left to gather on the ground. Weeds. All weeds growing upon streets or private property in the jurisdiction, including any of the following: 1. Weeds that bear seeds of a fluffy nature or are subject to flight. 2. Sagebrush, chaparral (including Chamise, Coyote Brush/Greasewood, Brooms, and Buckwheat), and any other brush or weeds that attain such large growth as to become, when dry, a fire menace to adjacent improved property. 3. Weeds that are otherwise noxious or dangerous. 4. Poison oak and poison sumac when the conditions of growth constitute a menace to public health. 5. Dry grass, brush, tree litter, litter, or other flammable materials that endanger the public safety by creating a fire hazard. Chapter 3. General Precautions Against Fire. Section 304.1.2 is amended to read: 304.1.2 Vegetation. Hazards created by the growth of weeds, grass, vines, trees, or other growth capable of being ignited and endangering property shall be mitigated in accordance with Section 321. Section 304.3.5 is added, to read: 304.3.5 Clothes Dryers. Clothes dryers shall be frequently cleaned to maintain the lint trap, mechanical and heating components, vent duct, and associated equipment free from accumulations of lint and combustible materials. Section 308.1.4, Exception 1 is amended to read: Exception 1. Residential Occupancies. Section 321 is added to Chapter 3, to read: SECTION 321 Exterior Fire Hazard Control. 321.1 General. 321.1.1 Jurisdictional Authority. The Board of Directors, as the supervising, legislative, and executive authority of the jurisdiction, hereby delegates to the Board of Fire Commissioners of the jurisdiction all its powers, duties, and rights to act pursuant to Part 5 (commencing with Section 14875), Division 12, of the Health and Safety Code, to clear or order the clearing of rubbish, litter, or other flammable material where such flammable material endangers the public the safety by creating a fire hazard. Fire hazard abatement will be conducted in accordance with the provisions of said Part 5 and this ordinance. In the application of the provisions of said Part 5 to fire hazard abatement proceedings under this ordinance and the Fire Protection District Law of 1987, the terms “Board of Directors” or “Board,” when used in Part 5, means the Board of Fire Commissioners of this jurisdiction under this section; and the officers designated in Health and Safety Code Section 14890 are the employees of the jurisdiction. ORDINANCE NO. 2019-37 7 321.1.2 Retention of Jurisdictional Authority. If no Board of Fire Commissioners has been appointed for the jurisdiction, then the Board of Directors retains its powers and rights to act pursuant to said Part 5. 321.1.3 Contract for Services. The Board of Directors reserves and retains the power to award a contract for fire hazard abatement work when the employees of the jurisdiction are not used to perform the abatement work. 321.2 Definitions. The following terms are defined in Chapter 2: Cost of Abatement Defensible Space Person Priority Hazard Zone Reduced Fuel Zone Rubbish Streets Weeds 321.3 Weeds and Rubbish a Public Nuisance. The Board hereby declares that all weeds growing upon private property or streets in this jurisdiction and all rubbish on private property or streets in this jurisdiction are public nuisances. Such weed nuisance is seasonal and recurrent. 321.4 Abatement of Hazard. 321.4.1 Prohibition. No person who has any ownership or possessory interest in or control of parcel of land shall allow to exist thereon any hazardous rubbish, weeds, trees, or other vegetation that constitutes a fire hazard. Destruction by burning within this jurisdiction is unlawful unless the written permission of the fire chief is first obtained, and all other applicable permits are obtained from appropriate governing agencies or jurisdictions. 321.4.2 Specific Requirements. The District shall develop minimum abatement standards for land in residential, rural and/or rural residential, business, industrial areas, or land which is unused or vacant. Such standards may be modified periodically as circumstances dictate. 321.4.2.1 Clearance of Weeds from Streets. The Fire Code Official is authorized to cause areas within 10 feet (3048 mm) on each side of portions of streets which are improved, designed, or ordinarily used for vehicular traffic to be cleared of flammable vegetation and other combustible growth. The Fire Code Official is authorized to enter upon private property to do so, to the extent allowed by law. 321.5 Abatement Procedures. 321.5.1 Abatement Order. The fire code official may order the abatement of the weeds and rubbish described in Sections 304.1.2 and this Section 321. On making the order, the fire code official will mail a copy of a notice to the owners of the affected property as their names and addresses appear upon the last county equalized assessment roll, or as their names and addresses are known to the fire code official. As an alternative to mailing, the notice may be posted upon the affected property and published in the jurisdiction, not less than 15 days prior to the date of the abatement hearing. Copies of the notice will be ORDINANCE NO. 2019-37 8 headed with the words “Notice to Abate Weeds and Rubbish” in letters at least one inch high. The notice will be in substantially the following form: NOTICE TO ABATE WEEDS AND RUBBISH You are hereby notified that weeds and rubbish constitute a fire hazard on the following described property owned by you: (Describe property by common street designation, by metes and bounds, Assessor’s code area and parcel number, or by reference to attached map). You must remove the weeds and rubbish within fifteen (15) days from the date of this notice. If you fail to do so, the (jurisdiction) Fire Protection District will remove it, and the cost of the abatement, including administrative costs, will be collected as property taxes and will be a lien on your property until paid. You are further notified that the Board of Supervisors has declared that such weeds and rubbish constitute a public nuisance and that such weeds also constitute a seasonal and recurring nuisance. You may appear before the Board of Fire Commissioners of this jurisdiction on (time and date) at (place- room, street, address, and city) to show cause why this order should not be enforced. (Signed): (Name of fire code official of name of jurisdiction) 321.5.2 Hearing Date. A date for hearing on the notice will be sent at least 15 days after the date of the notice. The date of the notice is the date on which the notice is placed in the United States mail or the date on which it is posted on the property. At the hearing, the property owner or his agent may appear to show cause why the order should not be enforced. For good cause shown, the Board of Fire Commissioners may extend the time for compliance with the order or may rescind the order. 321.5.3 Contract Award. If the owner fails to comply with the order, the fire code official may have the weeds and rubbish abated either by employees of this jurisdiction or by contract. If a contract is awarded, it will be by public bid, awarded to the lowest responsible bidder. A contract may include work on more than one parcel. Concerning any contract previously awarded as provided in this subsection and that has been fully extended as provided in that contract, it may thereafter be extended on its same terms and conditions for a further period (not to exceed one year) by agreement of the Board of Supervisors and the involved contractor. 321.5.4 Abatement Report of Costs. The fire code official or his or her designee abating the nuisance will keep an account of the cost of abatement in front of or on each separate parcel of land and will render an itemized report in writing to the Board of Fire Commissioners showing the cost of removing the weeds and rubbish on or in front of each separate lot or parcel of land, or both. Before the report is submitted to the Board of Fire Commissioners, a copy of it will be posted for at least three days on or near the chamber door of the Board with a notice of the time and when the report will be submitted to the Board for confirmation. At the time fixed for receiving and considering the report, the Board of Fire Commissioners will hear it and any objections of any of the property owners liable to be assessed for the work of abatement. Thereupon, the Board of Fire Commissioners may make such modifications in the report as it deems necessary, after which the report will be confirmed. The amount of the cost, including administrative costs, of abating the nuisance in front of or upon the various parcels of the land mentioned in the report as confirmed will constitute special assessment against the respective parcels of land, and are a lien on the property for the ORDINANCE NO. 2019-37 9 amount of the respective assessments. Such lien attaches upon recordation, in the office of the County Recorder, of a certified copy of the Resolution of Confirmation. 321.5.5 Cost Assessments. Upon confirmation of the report of cost by the Board of Fire Commissioners and the recordation of the Resolution of Confirmation, a copy of the report of cost will be sent to the County Auditor, who will enter the amount of the assessments against the parcels. Thereafter the amount of the assessments will be collected at the same time and in the same way as County taxes are collected. The owners are subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection, and enforcement of county taxes are applicable to these assessment taxes. 321.6 Alternate Mitigation. In lieu of ordering abatement as provided in Section 321.5.1, the fire code official of this jurisdiction may order the preparation of firebreaks/fuelbreaks around parcels of property where combustible weeds, crops, or brush are present. In determining the proper width for firebreaks/fuelbreaks, the fire code official will consider the height of the growth, weather condition, topography, and the accessibility to the property for fire protection equipment. The procedure set forth in Section 321.5.1 for the abatement of weeds and rubbish shall apply to the preparation of firebreaks/fuelbreaks. 321.7 Subsurface Fires. 321.7.1 Peat Fire. It is the duty of each person, firm, corporation, or association not to permit a peat fire or a fire involving combustible vegetable matters under the surface of the natural ground to remain upon the property. It is hereby declared that it is the duty of any person as herein defined to take all necessary precautions to extinguish any subsurface fire involving peat or vegetable material at the owner’s own cost and expense. 321.7.2 Fire Suppression Costs. If there exists upon the lands or property of any person as herein defined a subsurface fire involving the burning or combustion of peat, vegetable matter, or vegetation, and the owner or occupant thereof has not taken reasonable precautions within a reasonable time to extinguish or minimize such fire or combustion, this jurisdiction may, in addition to its regular duties to extinguish or minimize such fire or combustion, go upon the lands of any person as herein defined and extinguish such fire or combustion. Any costs incurred by the Fire District in fighting the fire and for the cost of proving rescue or emergency medical services shall be a charge against the property owner. The charge shall constitute a debt of the property owner and is collectable by the jurisdiction incurring those costs in the same manner as in the case of an obligation under a contract, express or implied. (See Health and Safety Code, §13009.) Section 322 is added to Chapter 3, to read: 322 Automobile Wrecking Yards. 322.1 General. The operation of automobile wrecking yards shall be in accordance with this section. 322.2 Definitions. The following terms are defined in Chapter 2: Automobile Dismantling Automobile Wrecking Yard ORDINANCE NO. 2019-37 10 322.3 Requirements. 322.3.1 Permits. An operational fire code permit is required as in Section 105.6.53. 322.3.2 Fire Apparatus Access Roads. Fire apparatus access roads shall be constructed throughout the site in accordance with this code and shall be maintained clear of all vehicles and stored items. 322.3.3 Welding and cutting. Welding and cutting operations shall be conducted in an approved location, clear of all flammable liquids and combustible materials, including weeds, tires, and all other debris. 322.3.4 Housekeeping. Combustible rubbish accumulated on site shall be collected and stored in approved containers, rooms, or vaults of noncombustible materials. Combustible vegetation, cut or uncut, shall be removed when determined by the fire code official to be a fire hazard. 322.3.5 Fire Protection. Offices, storage buildings, and vehicles used for site operations shall each be provided with at least one portable fire extinguisher with not less than a 4-A: 40-B-C rating. When required by the fire code official, additional fire extinguishers shall be provided. 322.3.6 Tire storage. Tires shall be stored in racks or in a manner as approved by the fire code official. 322.3.6.1 Distance from Water Supply. Tire storage shall be located on-site and no further than 500 feet from a fire hydrant or an approved water supply as determined by the fire code official. 322.3.7 Storage Piles. Storage piles shall be located a minimum of 20 feet from property lines and shall have an unobstructed access road on all sides of not less than 20 feet. 322.3.8 Burning operations. The burning of salvaged vehicles and salvaged or waste materials is prohibited. 322.3.9 Motor vehicle fluids. Motor vehicle fluid shall be drained from salvaged vehicles when such liquids are leaking onto the ground and prior to dismantling or removing engine/motor parts. 322.3.9.1 Mitigation of leaking fluids. Precautions shall be taken to prevent fluids from salvaged vehicles from leaking onto the ground. Supplies or equipment capable of mitigating leaks from fuel tanks, crankcases, brake systems, and transmissions shall be kept available on site. Single-use plugs, diking, and absorbent materials shall be disposed of as hazardous waste and removed from the site in a manner in accordance with federal, state, and local requirements. 322.3.10 Fuel tanks. Fuel tanks of salvaged vehicles shall be emptied of all flammable (gasoline, diesel) fuels in an approved manner and stored in approved tanks. 322.3.10.1 Repair of vehicle fuel tanks. The repair of fuel tanks, including cutting, welding, or drilling of any kind, is prohibited. 322.3.11 Lead acid batteries. Lead acid batteries shall be removed from all salvaged vehicles and stored in an approved manner in a location approved by the fire code official. Chapter 4. Emergency Planning and Preparedness. ORDINANCE NO. 2019-37 11 Section 401.5.1 is added, to read: 401.5.1 Nuisance Fire Alarm Fee. A fee may be charged for false and/or nuisance fire alarms in accordance with a fee schedule adopted by the Board of Directors. Section 403.12.1 is amended to read: 403.12.1 Standby Personnel. Where, in the opinion of the fire code official or Fire Chief, it is essential for public safety in a place of assembly, or any other place where people congregate, because of the number of persons, or the nature of the performance, exhibition, display, contest, or activity, the owner, agent, or lessee shall provide standby personnel as required and approved by the fire code official or Fire Chief. If the activity requires fire watch, fire watch shall be provided in accordance with Sections 403.12.1.1 and 403.12.1.2. Standby personnel needed for EMS standby shall be provided in accordance with Contra Costa County EMS Protocols. Chapter 5. Fire Service Features. Section 503.1.4 is added, to read: 503.1.4 Access to Open Spaces. When existing access to open land or space, or to fire trail systems maintained for public or private use, is obstructed by new development of any kind, the developer shall provide an alternate means of access into the area that is sufficient to allow access for fire personnel and apparatus. The alternate means of access must be approved by the fire code official. Section 503.2.1 is amended by adding the following exception: Exception: A driveway with a minimum width of 16 feet is acceptable for access to one or two single- family dwellings. Section 505.3 is added, to read: 505.3 Street names and addressing. Street names and addressing shall be submitted for review and approval to the fire code official, whose approval will not be unreasonably withheld. The purpose of the review is to verify that new street names and addressing will not duplicate existing street names and addressing. Section 507.2.3 is added, to read: 507.2.3 Suburban and rural water supply storage. Swimming pools and ponds shall not be considered water storage for the purposes of Section 507.1. Chapter 6. Building Services and Systems. Section 603.6.6 is added, to read: 603.6.6 Sparks from chimneys. A chimney that is used with either a fireplace or heating appliances in which solid or liquid fuel is used shall be maintained with spark arresters that are required for incinerators pursuant to the 2019 California Mechanical Code. ORDINANCE NO. 2019-37 12 Chapter 8. Interior Finish, Decorative Materials and Furnishings. Section 806.1.4 is added, to read: 806.1.4 Flame retardants. Cut trees shall be treated by a California State Fire Marshal-licensed fire retardant applicator. Trees shall be properly treated with an approved flame retardant. Section 806.1.5 is added, to read: 806.1.5 Tags. Trees shall bear a tag stating date of placement in the public building, type of flame-retardant treatment used, name of the person who applied the flame retardant, the name of the person affixing the tag, a permit expiration date, and the name of the designated individual making daily tests. Section 806.1.6 is added, to read: 806.1.6 Daily tests. Trees shall be tested daily by a designated individual. The test shall include a check for dryness in accordance with Section 806.1.3 and for adequate watering. Chapter 9. Fire Protection Systems. Section 901.6.2 is amended to read: 901.6.2 Records. Records of all system inspections, tests, and maintenance required by the reference standards shall be maintained in paper form or by a third party electronic record keeping service as chosen by the fire district. Section 902 is amended to add: Substantial Addition or Expansion Section 903.2.1.1 is amended to read: 903.2.1.1 Group A-1. An automatic sprinkler system shall be provided for fire areas containing Group A-1 occupancies and intervening floors of the building where one of the following conditions exists: 1. The fire area exceeds 5,000 square feet. 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than a level of exit discharge serving such occupancies. 4. The fire area contains a multi-theater complex. Section 903.2.1.3 is amended to read: 903.2.1.3 Group A-3. An automatic sprinkler system shall be provided for fire areas containing Group A-3 occupancies and intervening floors of the building where one of the following conditions exists: 1. The fire area exceeds 5,000 square feet. 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than a level of exit discharge serving such occupancies. 4. The structure exceeds 10,000 square feet, contains more than one fire area containing exhibition and display rooms, and is separated into two or more buildings by fire walls of less than four-hour fire resistance rating without openings. ORDINANCE NO. 2019-37 13 Section 903.2.1.4 is amended to read: 903.2.1.4 Group A-4. An automatic sprinkler system shall be provided for fire areas containing Group A-4 occupancies and intervening floors of the building where one of the following conditions exists: 1. The fire area exceeds 5,000 square feet 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than a level of exit discharge serving such occupancies. Section 903.2.1.8 is added, to read: 903.2.1.8 Group B. An automatic sprinkler system shall be provided for Group B occupancies where the fire area exceeds 5,000 square feet. Section 903.2.3 is amended to read: 903.2.3 Group E. An automatic sprinkler system shall be provided for new Group E occupancies as follows: 1. Throughout all Group E fire areas greater than 2,000 square feet in area. Exception: An automatic sprinkler system is not required in any Group E Day Care Facility less than 5,000 square feet 2. Throughout every portion of educational buildings below the lowest level of exit discharge serving that portion of the building. Exception: An automatic sprinkler system is not required in any area below the lowest level of exit discharge serving that area where every classroom throughout the building has at least one exterior exit door at ground level. 3. The Group E fire area has an occupant load of 300 or more. 4. In rooms or areas with special hazards such as laboratories, vocational shops, and other such areas where hazardous materials in quantities not exceeding the maximum allowable quantity are used or stored. 5. Throughout any Group E structure greater than 4,000 square feet in area, which contains more than one fire area, and which is separated into two or more buildings by fire walls of less than four- hour fire resistance rating without openings. 6. For public school state-funded construction projects, see Section 903.2.19. 7. For public school campuses, Kindergarten through 12th grade, see Section 903.2.20. Section 903.2.4 is amended in its entirety, to read: 903.2.4 Group F 903.2.4.1 Group F-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists: 1. A Group F-1 fire area exceeds 5,000 square feet. 2. A Group F-1 fire area is located more than three stories above grade plane. 3. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 10,000 square feet. 4. A Group F-1 occupancy used for the manufacture of upholstered furniture or mattresses exceeding 2,500 square feet (232 m2). ORDINANCE NO. 2019-37 14 903.2.4.1.1 Woodworking operations. An automatic sprinkler system shall be provided throughout all Group F-1 occupancy fire areas that contain woodworking operations in excess of 2,500 square feet in area (232 m2) that generate finely divided combustible waste or use finely divided combustible materials. A fire wall of less than 4-hour fire-resistance rating without openings, or any fire wall with openings, shall not be used to establish separate fire areas. 903.2.4.2 Group F-2. An automatic sprinkler system shall be provided throughout all buildings containing a Group F-2 occupancy greater than 5,000 square feet. Section 903.2.7 is amended to read: 903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one of the following conditions exists: 1. A Group M fire area exceeds 5,000 square feet. 2. A Group M fire area is located more than three stories above grade plane. 3. The combined area of all Group M fire areas on all floors, including any mezzanines, exceeds 10,000 square feet. 4. A Group M occupancy used for the display and sale of upholstered furniture or mattresses exceeds 5,000 square feet (464 m2). 5. The structure exceeds 10,000 square feet, contains more than one fire area containing a Group M occupancy, and is separated into two or more buildings by fire walls of less than 4-hour fire- resistance rating without openings. Section 903.2.8 is amended to read: 903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all Group R occupancies, including manufactured and mobile homes, including those located in mobile home parks. Section 903.2.8.1.1 is added, to read: 903.2.8.1.1 Group R-3 Substantial Addition or Expansion. An automatic sprinkler system shall be provided throughout all existing Group R-3 dwellings where a substantial addition or expansion occurs and the new total fire area of the structure exceeds 3,600 square feet. Exception: If a sprinkler system is required by the local building department regardless of the size of the addition or expansion, a sprinkler system shall be installed in accordance with the appropriate standard. Section 903.2.9 is amended to read: 903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists: 1. A Group S-1 fire area exceeds 5,000 square feet. 2. A Group S-1 fire area is located more than three stories above grade plane. 3. The combined area of all Group S-1 fire areas on all floors, including any mezzanines, exceeds 10,000 square feet. 4. A Group S-1 occupancy used for the storage of upholstered furniture or mattresses exceeding 2,500 square feet (232 m2). ORDINANCE NO. 2019-37 15 Section 903.2.9.1 is amended to read: 903.2.9.1 Repair garages. An automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with Section 406.8 of the California Building Code, as shown: 1. Buildings having two or more stories above grade plane, including basements, with a fire area containing a repair garage exceeding 5,000 square feet. 2. Buildings not more than one story above grade plane, with a fire area containing a repair garage exceeding 5,000 square feet. 3. Buildings with repair garages servicing vehicles parked in basements. 4. A Group S-1 fire area used for the repair of commercial motor vehicles where the fire area exceeds 5,000 square feet (464 m2). Section 903.2.10 is amended in its entirety, to read: 903.2.10 Group S-2. 903.2.10.1 Group S-2 enclosed parking garages. An automatic sprinkler system shall be provided throughout buildings classified as enclosed parking garages in accordance with Section 406.6 of the California Building Code where either of the following conditions exists: 1. Where the fire area of the enclosed parking garage exceeds 5,000 square feet. 2. Where the enclosed parking garage is located beneath other occupancy groups. 903.2.10.2 Commercial parking garages. An automatic sprinkler system shall be provided throughout buildings used for storage of commercial motor vehicles where the fire area exceeds 5,000 square feet. 903.3.10.3 Group S-2 low hazard storage. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-2 occupancy exceeding 5,000 square feet. Exception: Open parking garages, including canopies and photovoltaic panel systems with open parking underneath, shall meet automatic sprinkler system requirements in accordance with the 2019 California Building Code and 2019 California Fire Code without local amendment. Section 903.3.1.1.3 is added, to read: 903.3.1.1.3 Undeclared Use. In buildings of undeclared use with floor to structure height greater than 14 feet (4256 mm), the fire sprinkler system shall be designed to conform to Extra Hazard Group I design density. In buildings of undeclared use with floor to structure height less than 14 feet (4256 mm), the fire sprinkler system shall be designed to conform to Ordinary Group II design density. Where a subsequent occupancy requires a system with greater capability, it shall be the responsibility of the owner and/or the occupant to upgrade the system. Section 903.3.1.3 is amended to read: 903.3.1.3 Sprinkler Systems for One and Two family dwellings. Automatic sprinkler systems for one- and two- family dwellings shall be permitted to be installed in accordance with sections 903.3.1.3.1 through 903.3.1.3.3. Sections 903.3.1.3.1, 903.3.1.3.2, and 903.3.1.3.3 are added, to read ORDINANCE NO. 2019-37 16 903.3.1.3.1 NFPA 13D Sprinkler Systems. Automatic sprinkler systems installed in one- and two- family dwellings, Group R-3 buildings, and townhouses shall be permitted to be installed throughout in accordance with NFPA 13D as amended in Chapter 80. 903.3.1.3.2 California Residential Code Section R313. Automatic sprinkler systems shall be permitted to be installed in accordance with California Residential Code section R313. 903.3.1.3.3 Pipe limitations. Where CPVC pipe is installed above the insulation or is otherwise located in an unconditioned space, such as in an attic space, or a garage without conditioned living space above, CPVC pipe shall be adequately insulated to a minimum R-19 value, or equivalent, or pipe shall be limited to Type K or L copper, or ferrous piping. Section 903.3.5.3 is added, to read: 903.3.5.3 Non-permissible water supply storage. Swimming pools and ponds shall not be considered water storage for the purposes of Section 903.3.5. Section 903.3.9 is amended to read: 903.3.9. Floor control valves. Individual floor control valves and waterflow detection assemblies shall be provided for each floor in multi-floor buildings at an approved location. Exception: Group R-3 and R-3.1 Occupancies. Section 903.4.2 is amended to read: 903.4.2 Alarms. One approved audible and visual device shall be connected to every automatic sprinkler system at an approved location. Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Audible and visual alarm devices shall be provided on the exterior of the building in an approved location. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system. Sections 903.6.1 and 903.6.2 are added, to read: 903.6.1 Substantial Addition or Expansion. An automatic sprinkler system shall be provided throughout all existing buildings where a substantial addition or expansion occurs and the total fire area of the structure exceeds 5,000 square feet. Group R-3 substantial additions or expansions shall comply with Section 903.2.8.1.1 903.6.2 Change of occupancy classification. Any existing building that undergoes a change of occupancy classification into a higher hazard category shall comply with the requirements of Section 903.2. Relative hazard categories of occupancy groups shall be established based upon the Heights and Areas Hazard Categories of Table 1012.4 of the current edition of the International Existing Building Code, as published by the International Code Council. The requirements of Section 903.2 shall not be required when a change of occupancy classification is made to an equal or lesser hazard category. Group L occupancies shall be considered a relative hazard of 1 (highest hazard). Group R-3 occupancies shall be considered a relative hazard of 4 (lowest hazard). Section 907.4.4 is added, to read: ORDINANCE NO. 2019-37 17 907.4.4 Monitoring of other fire systems. In buildings equipped with a fire alarm system or sprinkler alarm and supervisory service (SASS) system, where other fire suppression or extinguishing systems are installed in the building (including but not limited to commercial kitchen suppression systems, pre-action fire suppression systems, dry chemical systems, and clean agent systems), these other suppression systems shall be monitored by the SASS dedicated function fire alarm system and transmitted as a specific signal to the Central Station. The system shall be monitored in compliance with Section 907.6.6. Section 907.5.2.3.1 is amended to read: 907.5.2.3.1 Public and common areas. Visible alarm notification appliances shall be provided in public use areas and common use areas, including but not limited to: 1. Sanitary facilities including restrooms, bathrooms, shower rooms, and locker rooms. 2. Corridors, hallways, and aisles with shelving and/or fixtures obstructing the required light intensity for that area. 3. Music practice rooms. 4. Band rooms. 5. Gymnasiums. 6. Multipurpose rooms. 7. Occupational shops. 8. Occupied rooms where ambient noise impairs hearing of the fire alarm. 9. Lobbies. 10. Meeting/Conference rooms. 11. Classrooms. 12. Medical exam rooms. 13. Open office areas. 14. Sales floor areas. 15. Break or lunch rooms 16. Copy or work rooms. 17. Computer server rooms exceeding 200 sq. ft. 18. File or Storage rooms exceeding 200 sq. ft. Section 907.6.6 is amended to read: 907.6.6 Monitoring of fire alarm systems. A fire alarm system required by this chapter, or by the California Building Code, shall be monitored by a UL-listed Central Station service in accordance with NFPA 72 and this code. Exception: Monitoring by a UL-listed central station is not required for: 1. Single- and multiple-station smoke alarms required by Section 907.2.10. 2. Group I-3 occupancies shall be monitored in accordance with Section 907.2.6.3. 3. Residential Day Care Facilities (occupancy load of 14 or less). 4. One- and two-family dwellings. 5. Residential Care Facilities licensed by the state with an occupant load of 6 or less. 6. Occupancies with a local fire alarm system that will give an audible and visible signal at a constantly attended location, as approved by the Fire Code Official. Section 907.8.6 is added, to read: ORDINANCE NO. 2019-37 18 907.8.6 Certification. New fire alarm systems shall be UL-Certified. A Certificate of Completion and other documentation as listed in NFPA 72 shall be provided for all new fire alarm system installations. It is the responsibility of the building owner or owner’s representative to obtain and maintain a current and valid Certificate. Section 907.8.6.1 is added, to read: 907.8.6.1 Posting of Certificate. The UL Certificate shall be posted in a durable transparent cover within three feet of the fire alarm control panel within 45 days of the final acceptance test/inspection. Chapter 10. Means of Egress. Section 1028.5.1 is added, to read: 1028.5.1 Exit discharge surface. Exterior exit pathway surfaces shall be suitable for pedestrian use in inclement weather, and shall terminate at a public way as defined in the California Building Code. Chapter 33. Fire Safety During Construction and Demolition. Section 3301.3 is added, to read: 3301.3 Permits. Permits shall be obtained for asbestos removal operations, temporary fire department access roads for construction, and temporary water supplies as set forth in sections 105.6 and 105.7. Section 3318 is added, to read: Section 3318 Asbestos removal. 3318.1 General. Operations involving removal of asbestos or asbestos-containing materials from buildings shall be in accordance with Section 3318. Exception: Section 3318 does not apply to the removal of asbestos from: 1. Pumps, valves, gaskets and similar equipment. 2. Pipes, ducts, girders or beams that have a length less than 21 linear feet (6400 mm). 3. Wall or ceiling panels that have an area of less than 10 square feet (0.93 m2) or a dimension of less than 10 linear feet (3048 mm). 4. Floor tiles when their removal can be completed in less than four hours. 5. Group R-3 occupancies. 3318.2 Notification. The fire code official shall be notified 24 hours prior to the commencement and closure of asbestos-removal operations. The permit applicant shall notify the building official when asbestos abatement involves the removal of materials that were used as a feature of the building’s fire resistance. 3318.3 Plastic Film. Plastic film that is installed on building elements shall be flame resistant as required for combustible decorative material, in accordance with Section 807. 3318.4 Signs. Approved signs shall be posted at the entrance, exit and exit-access door, decontamination areas, and waste disposal areas for asbestos-removal operations. The signs shall state that asbestos is being ORDINANCE NO. 2019-37 19 removed from the area, that asbestos is a suspected carcinogen, and that proper respiratory protection is required. Signs shall have a reflective surface. Lettering shall be a minimum of 2 inches (51 mm) high. Chapter 50. Hazardous Materials – General Provisions. Section 5001.5.3 is added, to read: 5001.5.3 Emergency response support information. Floor plans, material safety data sheets, Hazardous Materials Management Plans (HMMP), Hazardous Material Inventory Statements (HMIS), and other information must be stored at a readily accessible location, as determined by the fire code official. This location may be in cabinets located outside of facilities or buildings. Information may be required to be maintained in a specific electronic media format to facilitate computer aided dispatching. Section 5003.9.1.2 is added, to read: 5003.9.1.2 Documentation. Evidence of compliance with provisions of this chapter as well as with state and federal hazardous material regulations shall be maintained on site and available for inspection by fire department personnel. Chapter 56. Explosives and Fireworks. Section 5601.1.3 is amended to read: 5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling, and use of fireworks are prohibited within the jurisdiction of the District. Exceptions: 1. The use of fireworks for fireworks displays, pyrotechnics before a proximate audience, pyrotechnic special effects in motion pictures, television, theatrical, or group entertainment productions as allowed by Title 19, Division 1, Chapter 6 Fireworks reprinted in Section 5608 and the Health and Safety Code Division 11. 2. Snap Caps and Party Poppers classified by the State Fire Marshal as pyrotechnic devices. Section 5601.2.2 is amended to read: 5601.9 Sale and retail display. No person shall construct a retail display or offer for sale any explosives, explosive materials, or fireworks within the jurisdiction. Exception: Snap Caps and Party Poppers classified by the State Fire Marshal as pyrotechnic devices. Section 5601.2.4 is amended as follows: 5601.2.4 Financial responsibility. Before a permit is issued pursuant to Section 5601.2, the applicant shall file with the jurisdiction a corporate surety bond in the principal sum of $2,000,000 or a public liability insurance policy for the same amount, for the purpose of the payment of all damages to persons or property which arise from, or are caused by, the conduct of any act authorized by the permit upon which any judicial judgment results. The fire code official is authorized to specify a greater or lesser amount when, in his or her opinion, conditions at the location of use indicate a greater or lesser amount is required. Government entities shall be exempt from this bond requirement. ORDINANCE NO. 2019-37 20 Exception: Fireworks in accordance with California Code of Regulations, Title 19, Division 1, Chapter 6. See Section 5608. Section 5601.9 is added, to read: 5601.9 Prohibited and Limited Acts. The storage of explosive materials is prohibited in all zoning districts except districts zoned for industrial or agricultural uses. In districts where the storage of explosive materials is permitted, the quantities of explosives and distances shall be in accordance with California Fire Code Section 5601.8. Chapter 57. Flammable and Combustible Liquids. Section 5704.2.9.6.1 is amended to read: 5704.2.9.6.1 Locations where above-ground tanks are prohibited. The storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited in all zoning districts except districts zoned for commercial, industrial, or agricultural uses. Exception: Protected above-ground tanks for the purpose of emergency power generator installations in areas zoned commercial, industrial, agricultural, central business district, rural or rural residential, and for facilities on an individual basis consistent with the intent of this provision. Tank size shall not exceed 500 gallons (1892.706L) for Class I or II liquids, or 1,000 gallons (3785.412L) for Class III liquids. Section 5706.2.4.4 is amended to read: 5706.2.4.4 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids in above-ground tanks is prohibited in all zoning districts except district zoned for commercial, industrial, or agricultural use. Chapter 58. Flammable Gases and Flammable Cryogenic Fluids. Section 5806.2 is amended to read: 5806.2 Limitation. The storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited in any area which is zoned for other than industrial use. Exception: Liquid hydrogen fuel systems in compliance with Section 5806.3 or 5806.4. Chapter 61. Liquefied Petroleum Gases. Section 6103.2.1.7 is amended to read: 6103.2.1.7 Use for food preparation. Individual portable L-P containers used, stored, or handled inside a building classified as a Group A, Group B, or Group M occupancy for the purposes of cooking, food display, or a similar use, shall be limited in size to one quart capacity and shall be of an approved type. The number of portable containers permitted will be at the discretion of the fire code official. LP-gas appliances used for food preparation shall be listed for such use in accordance with the California Mechanical Code and NFPA 58. Section 6104.2 is amended to read: ORDINANCE NO. 2019-37 21 6104.2 Maximum capacity within established limits. The storage of liquefied petroleum gas is prohibited in any central business district and in all zoning districts except districts zoned for commercial, industrial, rural, or agricultural uses. The aggregate capacity of any one installation used for the storage of liquefied petroleum gas shall not exceed a water capacity of 2,000 gallons (7570 L). Chapter 80. Referenced Standards. Chapter 80 is amended by adding the following referenced standards: NFPA 3 (2015): Recommended Practice for Commissioning of Fire Protection and Life Safety Systems NFPA 850 (2015): Recommended Practice for Fire Protection for Electric Generating Plants and High Voltage Direct Current Converter Stations Chapter 80 is further amended by amending the NFPA 13D (2016) (Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes) standard as follows: Section 7.7.1 is added, to read: 7.7.1 Where CPVC pipe is installed above the normal insulation in an unconditioned space, such as in an attic space, or a garage without conditioned living space above, CPVC pipe shall be adequately insulated to a minimum R-19 value, or equivalent, or pipe shall be limited to Type K or L copper, or ferrous piping. Section 8.3.5.1.2 is amended to read: 8.3.5.1.2 Where fuel-fired equipment is below or on the same level as occupied areas of the dwelling unit, at least one quick-response intermediate temperature sprinkler shall be installed above the equipment or at the wall separating the space with the fuel-fired equipment from the occupied space. In unconditioned spaces, CPVC pipe shall be adequately insulated to a minimum R-19 value, or equivalent, or pipe shall be limited to Type K or L copper, or ferrous piping. Appendix B. Fire-Flow Requirements for Buildings. Table B105.2 is amended to read: TABLE B105.2 Required Fire-Flow for Buildings Other Than One- and Two-Family Dwellings, Group R-3 and R-4 Buildings and Townhouses AUTOMATIC SPRINKLER SYSTEM (DESIGN STANDARD) MINIMUM FIRE-FLOW (GALLONS PER MINUTE) FLOW DURATION (HOURS) No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) Section 903.3.1.1 of the California Fire Code 50% of the value in Table B105.1(2)a Duration in Table B105.1(2) at the reduced flow rate ORDINANCE NO. 2019-37 22 Section 903.3.1.2 of the California Fire Code 50% of the value in Table B105.1(2)a Duration in Table B105.1(2) at the reduced flow rate For SI: 1 gallon per minute = 3.785 L/m a. The reduced fire-flow shall be not less than 1,500 gallons per minute. Section B105.2 is amended by amending the exception to read: Exceptions: 1. Group B, S-2, and U occupancies having a floor area not exceeding 1,000 square feet, primarily constructed of noncombustible exterior walls with wood or steel roof framing, having a Class A roof assembly, with uses limited to the following or similar uses: 1.1. California State Parks buildings of an accessory nature (restrooms). 1.2. Safety roadside rest areas, (SRRA), public restrooms. 1.3. Truck inspection facilities, (TIF), CHP office space and vehicle inspection bays. 1.4. Sand/salt storage buildings, storage of sand and salt. 2. A reduction in required fire-flow of 50 percent, as approved by the fire code official, when the building is provided with an approved automatic sprinkler system and installed in accordance with Section 903.3.1.1. The resulting fire-flow shall be not less than 1,500 gallons per minute (5678L/min) for the prescribed duration as specified in Table B105.1. Appendix C. Fire Hydrant Locations and Distribution. Table C102.1 is amended as follows: The title of Table C102.1 is amended to read: TABLE C102.1j The heading of the fourth column of Table C102.1 is amended to read: MAXIMUM DISTANCE FROM ANY POINT ON STREET OR ROAD FRONTAGE TO A HYDRANTd,f,g,i Footnotes “i” and “j” are added to Table C102.1, to read: i. A fire hydrant shall be provided within 250 feet of a fire trail access point off a public or private street. j. For infill projects within existing single-family residential developments, Section 507.5.1 applies. Appendix D. Fire Apparatus Access Roads. Section D102.1 is amended to read: ORDINANCE NO. 2019-37 23 D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete, or other approved all-weather driving surface capable of supporting the imposed load of fire apparatus weighing at least 74,000 pounds (33 566 kg) in accordance with CalTrans Design Standard HS- 20-44. Exception: Driveways serving one or two single-family dwellings may be constructed of an alternate surface material, providing the imposed weight load design minimums are met and the grade does not exceed 10 percent. Section D103.1 is deleted. Section D103.2 is amended to read: D103.2 Grade. Fire department access roadways having a grade of between 16 percent and 20 percent shall be designed to have a finished surface of grooved concrete sufficient to hold a 44,000 pound (19 958 kg) traction load. The grooves in the concrete surface shall be ½ inch (13 mm) wide by ½ inch (13 mm) deep and 1 ½ inch (38 mm) on center and set at a 30 to 45 degree angle across the width of the roadway surface. No grade shall exceed 20 percent, nor shall the cross slope exceed 8%, unless authorized in writing by the fire code official. Section D103.2.1 is added, to read: D103.2.1 Angles of approach and departure. The angles of approach and departure for any means of access shall not exceed 10 percent at 10 feet of the grade break. Section D103.3 is amended to read: D103.3 Turning radius. Based on a minimum unobstructed width of 20 feet, a fire apparatus access roadway shall be capable of providing a minimum standard turning radius of 25 feet (7620 mm) inside and 45 feet (13 716 mm) outside. Table D103.4 is amended to read: Table D103.4 REQUIREMENTS FOR DEAD-END FIRE APPARATUS ACCESS ROADS LENGTH (feet) MINIMUM WIDTH (feet) TURNAROUNDS REQUIRED 0 – 150 20a None required 151 – 750 20a 100-foot Hammerhead, 50-foot “Y”, 75-foot Shunt or 90-foot- diameter cul-de-sac in accordance with figure D103.1 Over 750 Special approval requiredb a. A driveway with a minimum width of 16 feet is acceptable for access to no more than two single-family dwellings. ORDINANCE NO. 2019-37 24 b. Any fire apparatus access roadway or driveway that is approved to be less than 20 feet wide and to exceed 750 feet in length shall have outsets or turnouts every 300 feet along the length of the road or driveway, or at locations approved by the fire code official. Each outset or turnout shall be of the following dimensions: an 8-foot-wide turnout that extends at least 40 feet in length. /// /// /// /// Figure D103.1 is amended to read: Figure D103.1 Dead-end Fire Apparatus Access Road Turnaround Section D103.5 is amended as follows: Criteria 1 of Section D103.5 is amended to read: 1. The minimum clear width shall be 20 feet (6096mm). Exception: For access to one or two single-family dwellings, 16 feet clear width is acceptable. Criteria 9 is added to Section D103.5, to read: 9. All gates shall be installed and located a minimum of 30 feet off the street. Section D103.6.1 is amended to read: ORDINANCE NO. 2019-37 25 D103.6.1 Roads less than 28 feet in width. Fire apparatus access roads less than 28 feet wide shall be posted on both sides as a fire lane. Section D103.6.2 is amended to read: D103.6.2 Roads 28 feet in width or greater, but less than 36 feet in width. Fire apparatus access roads 28 feet wide or greater, but less than 36 feet wide, shall be posted on one side of the road as a fire lane. Section D106.1 is amended by deleting the exception and to read: D106.1 Projects having more than 100 dwelling units. Multiple-family residential projects having more than 100 dwelling units shall be provided with two separate and approved fire apparatus access roads and shall meet the requirements of Section D104.3. Section D106.2 is deleted in its entirety. SECTION 3. REPEAL OF FIRE CODE. Ordinance No. 2016-23, adopting the 2016 California Fire Code with amendments, is hereby repealed. SECTION 4. REFERENCES TO PRIOR CODE. Unless superseded and expressly repealed, references in City forms, documents, and regulations to the chapters and sections of the Fire Code of Contra Costa County, the Crockett-Carquinez Fire Protection District, and the Contra Costa County Fire Protection District, 2016, shall be construed to apply to the corresponding provisions contained within the Fire Code of Contra Costa County, the Crockett-Carquinez Fire Protection District, and the Contra Costa County Fire Protection District, 2019. Ordinance 2016-23 and all other ordinances or parts of ordinances in conflict herewith are hereby superseded and expressly repealed. SECTION 5. VALIDITY. The Contra Costa County Board of Supervisors declares that if any section, paragraph, sentence, or word of this ordinance or of the 2019 California Fire 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 here from any portion or provision as may be declared invalid. SECTION 6. MORE RESTRICTIVE REQUIREMENTS. If requirements more restrictive than those in this fire code are adopted by the city of Antioch, Clayton, Concord, Lafayette, Martinez, Pittsburg, Pleasant Hill, San Pablo, or Walnut Creek, or the County of Contra Costa, those requirements will apply only within the jurisdiction adopting those requirements. SECTION 7. 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. ORDINANCE NO. 2019-37 26 Passed on _________________________, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: David Twa, _________________________ Clerk of the Board of Supervisors Board Chair and County Administrator By: ________________________ [SEAL] Deputy KCK: H:\Client Matters\2019\CCCFPD\Ordinance No. 2019-37 Fire Code Adoption Ord - final.docx CONTRA COSTA COUNTY, CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT, AND CROCKETT-CARQUINEZ FIRE PROTECTION DISTRICT FINDINGS IN SUPPORT OF AMENDMENTS TO THE 2019 CALIFORNIA BUILDING STANDARDS CODE, TITLE 24, PART 9, CALIFORNIA FIRE CODE The California Building Standards Commission has adopted and published the 2019 California Fire Code. The purpose of the code is to regulate and govern the safeguarding of life and property from fire and explosion hazards arising from the storage, handling, and use of hazardous substances, materials, and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises. Health and Safety Code section 17958.5 and 18941.5 authorize a local jurisdiction to modify or change the statewide 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. Ordinance No. 2019-37 adopts the 2019 California Fire Code and amends it to address local conditions. Pursuant to Sections 17958.5 and 17958.7 of the Health and Safety Code, the Contra Costa County Board of Supervisors, in its capacity as the Board of Supervisors and the Board of Directors of the Contra Costa County Fire Protection District and the Crockett-Carquinez Fire Protection District, finds that the more restrictive standards contained in Ordinance No. 2019-37 are reasonably necessary because of certain local climatic, geological, and topographic conditions that are described below. Local Conditions A. 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 four percent from May through September. This is a dry period of at least five months each year. Additionally, the area is subject to occasional drought. Relative humidity remains in the middle range most of the time. It ranges from 45-65% during spring, summer, fall, and from 60-90% in the winter. It occasionally falls as low as 15%. (b) Impact 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. Because of dryness, a rapidly burning grass fire or exterior building fire can quickly transfer to other buildings by means of radiation or flying brands, sparks, and 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. Temperature (a) Conditions Temperatures have been recorded as high as 114° F. Average summer highs are in the 90° range, with average maximums of 105° F. (b) Impact High temperatures cause rapid fatigue and heat exhaustion of firefighters, thereby reducing their effectiveness and ability to control large building and wildland fires. 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 District 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 District. 3. Winds (a) Conditions Prevailing winds in the area are from the south or southwest in the mornings and from the north or northwest in the afternoons. However, winds are experienced from virtually every direction at one time or another. Velocities are generally in the 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. (b) Impact Winds such as those experienced locally can and do cause fires, both interior and exterior, to burn and spread rapidly. Fires involving non- irrigated weeds, grass, and brush can grow to a magnitude and be fanned to intensity beyond the control capabilities of the Fire District very quickly even by relatively moderate winds. During wood shake and shingle roof fires, or exposure fires, winds can carry sparks and burning brands to other structures, thus spreading the fire and causing conflagrations. When such fires are not controlled, they can extend to nearby buildings, particularly those with untreated wood shakes or shingles. In building fires, winds can literally force fires back into the building and can create a blow torch effect, in addition to preventing “natural” ventilation and cross-ventilation efforts. Winds of the type experienced locally also reduce the effectiveness of exterior water streams used by the Fire District 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 towards 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. National statistics frequently cite wind conditions, such as those experienced locally, as a major factor where conflagrations have occurred. B. Geological and Topographic 1. Seismicity (a) Conditions Contra Costa County is located in Seismic Risk Zone 4, which is the worst earthquake area in the United States. Buildings and other structures in Zone 4 can experience major seismic damage. Contra Costa County is in close proximity to the San Andreas Fault and contains 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. The fire environment of a community is primarily a combination of two factors: the area’s physical geologic characteristics and a historic pattern of urban-suburban development. These two factors, alone and combined, create a mixture of environments which ultimately determines the area’s fire protection needs. The Fire District has 3 distinct areas. They are: the West, which includes the City of San Pablo and the communities of North Richmond, El Sobrante, and East Richmond Heights: the Central, which includes the Cities of Lafayette, Martinez, Pleasant Hill, Concord, Walnut Creek, Clayton, and the communities of Clyde, Pacheco, Alhambra Valley, and Alamo; and the East, which includes the Cities of Antioch and Pittsburg and the community of Bay Point. Because of the size of the Contra Costa County Fire Protection District (304 square miles), the characteristics of the fire environment changes from one location to the next. Therefore the District has not one, but a number of fire environments, each of which has its individual fire protection needs from two major oil refineries, to heavy industrial facilities, freeways, rail lines, waterways, port facilities, wildland areas, urban and suburban town settings, and major downtown areas. Interstates 80 and 680, State Highways 4, 24, and 242, Bay Area Rapid Transit District (BART), and major thoroughfares travel throughout the District. There are 2 major rail lines which run through the District. An overpass or underpass crossing collapse would alter the response route and time for responding emergency equipment. This is due to the limited crossings of the major highways and rail lines. Earthquakes of the magnitude experienced locally can cause major damage to electrical transmission facilities, which, in turn, cause power failures while at the same time starting fires throughout the Fire District. The occurrence of multiple fires will quickly deplete existing fire district resources; thereby reducing and/or delaying their response to any given fire. Additionally, without electrical power, elevators, smoke management systems, lighting systems, alarm systems, and other electrical equipment urgently needed for building evacuation and fire control in large buildings without emergency generator systems would be inoperative, thereby resulting in loss of life and/or major fire losses in such buildings. (b) Impact A major earthquake could severely restrict the response of the Fire District and its capability to control fires involving buildings of wood frame construction, with ordinary wood shake and shingle exteriors, or with large interior areas not provided with automatic smoke and fire control systems. 2. Soils (a) Conditions The area is replete with various soils, which are unstable, clay loam and alluvial fans being predominant. These soil conditions are moderately to severely prone to swelling and shrinking, are plastic, and tend to liquefy. Throughout the Fire District, 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 twenty (20) percent. Several of these roads extend up through the winding passageways in the hills providing access to remote, affluent housing subdivisions. Many of these roads are private with no established maintenance program. During inclement weather, these roads are subject to rock and mudslides, as well as down trees, obstructing all vehicle traffic. It is anticipated that during an earthquake, several of these roads would be practically impassable. 3. Topographic (a) Conditions (i) Vegetation The service area of the Contra Costa County Fire Protection District has a varied topography and vegetative cover. A conglomeration of flat lands, hills, and ridges make up the terrain. Development has occurred on the flat lands in the District and in the past 15 years development has spread into the hills, valleys, and ridge lands of the District. Highly combustible dry grass, weeds, and brush are common in the hilly and open space areas adjacent to built-up locations six to eight 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 the Fire District, especially in those fully developed areas and those areas marked for future development. (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 efficient response routes for Fire District resources into and through many areas. (iii) Buildings, Landscaping and Terrain Many of the “newer” large buildings and building complexes have access and landscaping features or designs which preclude, or greatly limit, efficient approach or operational access to them by Fire District vehicles. In addition, the presence of security gates, roads of inadequate width and grades which are too steep for Fire District vehicles create an adverse impact on 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 additional fire personnel and resources to successfully and safely mitigate the event. Access problems often result in severely delaying, misdirecting, or making fire and smoke control efforts unsuccessful. (b) Impact The above local geological and topographical conditions increase the magnitude, exposure, accessibility problems, and fire hazards presented to the Contra Costa County Fire Protection District. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. 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 likely be unavailable for smaller single dwelling or structure fires. Other variables may intensify the situation: 1. The extent of damage to the water system. 2. The extents 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 conditions (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 wood shake or shingles coverings could result in conflagrations. Necessity for More Restrictive Standards Because of the conditions described above, the Contra Costa County Board of Supervisors, in its capacity as the Board of Supervisors and the Board of Directors of the Contra Costa County Fire Protection District and the Crockett-Carquinez Fire Protection District, finds that there are building and fire hazards unique to Contra Costa County that requires the increased fire protection requirements set forth in Ordinance No. 2019-37. The ordinance amends Chapter 1 (Scope and Administration) of the statewide Fire Code by requiring a permit for certain activities and operations that pose fire hazards. The ordinance amends the statewide Fire Code by incorporating into Chapter 3 (General Precautions Against Fire) the fire districts’ existing weed abatement program that authorizes the fire districts to declare certain weeds that pose a fire hazard as a public nuisance and to abate those weeds. The ordinance amends Chapter 4 of the statewide Fire Code (Emergency Planning and Preparedness) to require standby EMS personnel for large events as well as standby fire personnel to account for the fact that the fire district is both the local fire and EMS provider. The ordinance amends the statewide Fire Code by reducing the square footage thresholds found in Chapter 9 (Fire Protection Systems) for installation of automatic fire sprinkler systems in most commercial buildings and in private and charter schools. The ordinance amends Chapter 5 (Fire Service Features) and Appendix D (Fire Apparatus Access Roads) of the statewide Fire Code to establish requirements for fire apparatus access roads. RECOMMENDATION(S): ADOPT Resolution No. 2019/660 authorizing the Department of Health Services Department Director to apply for and if awarded, accept loan funds from the State of California’s No Place Like Home Program (NPLH)/Competitive Allocation, Round 2, as a sole applicant or a joint applicant with a development sponsor for a loan in an amount not to exceed $20 million per project to fund a portion of an affordable permanent supportive housing project for persons with a serious mental illness who are homeless, chronically homeless or at-risk of chronic homelessness, including: 1. Authorizing the Department of Health Services Director (HSD) to apply for and if awarded, accept NPLH funds, as the sole applicant or with one or more affordable housing developers (Development Sponsor) and enter into, execute and deliver all documents required or deemed necessary to accept the funds; 2. Acknowledging that the County and Development Sponsor, if any, shall be subject to the terms and conditions included in the State of California Standard Agreement to be entered into pursuant to Government Code section 15463, Part 3.9 of Division 5 of the Welfare and Institutions Code, and Welfare and Institutions Code section 5890; and APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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., 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: A Down, L Walker, M Wilhelm D.12 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 17, 2019 Contra Costa County Subject:Authorization to Participate in the No Place Like Home Program/Competitive Allocation RECOMMENDATION(S): (CONT'D) 3. Authorizing the Health Services Department, to make mental health supportive services available to the project’s NPLH tenants for a minimum of twenty years, and to coordinate the provision of referrals to other services pursuant to the County’s Supportive Services Plan, including substance use services. 4. Authorizing the Health Services Department to execute a Memorandum of Understanding between the County and Development Sponsor, to include the County’s commitment to providing mental health supportive services to the project’s NPLH tenants for a minimum of twenty years. FISCAL IMPACT: The NPLH Competitive Allocation funds will be loaned directly to the Development Sponsors, in the case of a joint application, or directly to the County if a sole applicant. The NPLH Competitive Allocation funds will be secured by a Deed of Trust on the development property. The cost of providing mental health supportive services will be covered by existing Mental Health Services Act funds allocated to HSD. BACKGROUND: On September 18, 2018, the Board of Supervisors approved an advocacy position for Proposition 2 that authorized the issuance of bonds to fund existing housing programs for individuals with mental illness. The proposition was passed by voters on November 6, 2018. The proceeds of the Proposition 2 bond issuance are designated for the NPLH program to be provided as deferred payment loans for the development of permanent supportive housing for persons with a serious mental illness who are homeless, chronically homeless or at-risk of chronic homelessness. NPLH funds are administered by the California Department of Housing and Community Development (HCD) in two tranches: 1. Noncompetitive Allocation Funds – Funding available on an “over the counter” basis to specific cities and counties throughout the State. Contra Costa’s allocation is $2,231,571. The County submitted its Noncompetitive Allocation Acceptance Form to HCD and has these funds available to use for a future project. 2. Competitive Allocation Funds - Funding available on a competitive per-project allocation basis. These funds will be available through three Notice of Funding Availability rounds over the next three years. The County may apply independently or with a development sponsor. Applications for the second round are due on January 8, 2020. The funds may be used to acquire, design, construct, rehabilitate, or preserve permanent supportive housing, which may include a capitalized operating subsidy reserve. The Development Sponsor will be the borrower of record for the loan; however, the County will also be a party to documents associated with the application for and award of NPLH funds for the purpose of providing long-term supportive services. The maximum loan amount per project is $20,000,000 and the loan will be secured by a Deed of Trust on the project property. If authorized, DCD and HSD will work jointly with the Development Sponsor to apply to HCD for an allocation of NPLH competitive funds for one or more projects. DCD staff will review project applications for compliance with threshold requirements, development feasibility, competitiveness and eligibility, and participate on behalf of the County in the financing transaction. The Behavioral Health division of HSD, in cooperation with the Development Sponsor, will write the project-specific Supportive Services Plan that is included with the application, and enter into a Memorandum of Understanding regarding the County’s 20-year commitment of mental health supportive services of the project’s NPLH tenants. HCD will monitor the project for ongoing compliance. CONSEQUENCE OF NEGATIVE ACTION: If not approved, the County’s ability to secure permanent supportive housing for persons with a serious mental illness who are homeless, chronically homeless or at-risk of chronic homelessness will be diminished. AGENDA ATTACHMENTS Resolution 2019/660 MINUTES ATTACHMENTS Signed Resolution No. 2019/660 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/17/2019 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2019/660 IN THE MATTER OF: AUTHORIZATION TO PARTICIPATE IN THE NO PLACE LIKE HOME PROGRAM WHEREAS, the State of California, Department of Housing and Community Development issued a Notice of Funding Availability for Round 2 funds dated September 27, 2019, as may be amended from time to time under the “No Place Like Home” Program authorized by Government Code section 15463, Part 3.9 of Division 5 (commencing with Section 5849.1) of the Welfare and Institutions Code, and Welfare and Institutions Code section 5890; WHEREAS, the Notice of Funding Availability relates to the availability of approximately $622 million in Competitive Allocation funds under the No Place Like Home Program; and WHEREAS, the County of Contra Costa is a County and an Applicant, as those terms are defined in the No Place Like Home Program Guidelines, dated September 2019. NOW, THEREFORE, BE IT RESOLVED: The Board of Supervisors for County does hereby determine and declare as follows: SECTION 1. That Contra Costa County (“County”) is hereby authorized and directed to apply for and if awarded, accept the No Place Like Home (“NPLH”) Program funds, as detailed in the Notice of Funding Availability (“NOFA”), up to the amount authorized by the NPLH Program Guidelines and applicable state law. SECTION 2. That Anna Roth, Health Services Director, is hereby authorized and directed to act on behalf of County in connection with an award of NPLH Program funds, and to enter into, execute, and deliver any and all documents required or deemed necessary or appropriate to evidence the loan of NPLH Program funds, the County’s obligations related thereto, and the Department’s security therefore. These documents may include, but are not limited to, a State of California Standard Agreement (“Standard Agreement”), a regulatory agreement, a promissory note, a deed of trust and security agreement, and any and all other documents required or deemed necessary or appropriate by the Department as security for, evidence of, or pertaining to the NPLH Program funds, and all amendments thereto (collectively, the “NPLH Program Documents”). SECTION 3. That County shall be subject to the terms and conditions that are specified in the Standard Agreement; that the application in full is incorporated as part of the Standard Agreement; that any and all activities funded, information provided, and timelines represented in the application are enforceable through the Standard Agreement; and that County will use the NPLH Program funds in accordance with the Guidelines, other applicable rules and laws, the NPLH Program Documents, and any and all NPLH Program requirements. SECTION 4. That County will make mental health supportive services available to each project’s NPLH tenants for at least 20 years and will coordinate the provision of or referral to other services (including, but not limited to, substance use services) in accordance with the County’s relevant supportive services plan, and as specified in Section 202(n)(1) of the Guidelines. Contact: Suzanne Tavano, Ph.D., I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 925-957-5201 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: A Down, L Walker, M Wilhelm RECOMMENDATION(S): Acting as the governing body of the County of Contra Costa Public Financing Authority (“Authority”), APPROVE and AUTHORIZE the Chair, Board of Directors of the Authority, to execute a grant deed conveying the real property located at 1034 Oak Grove Road, Concord, and commonly identified as Assessor’s Parcel Nos. 129-190-012, -043, and -044, (the “Property”) to Contra Costa County (“County”), as recommended by the Authority’s Executive Director, pursuant to Government Code section 25365. (District IV) Acting as the governing body of the County, APPROVE and AUTHORIZE the acceptance of the Property on behalf of the County, pursuant to Government Code section 25353. DETERMINE that the Authority no longer requires the Property for Authority purposes. DIRECT the Public Works Director, or designee, to execute an acceptance and to record the grant deed and acceptance in the Official Records of the Contra Costa County Clerk-Recorder. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Julin Perez, 925. 957-2460 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D.13 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:December 17, 2019 Contra Costa County Subject:APPROVE the conveyance of 1034 Oak Grove Road in Concord to Contra Costa County. FISCAL IMPACT: The property will be conveyed to the County at no cost. BACKGROUND: The County of Contra Costa Public Financing Authority, a joint exercise of powers agency, (“Authority”) owns real property located at 1032-1034 Oak Grove Road in Concord, commonly identified as Assessor’s Parcel Nos.129-190-012, -043, and -044 (the “Property”). The Property is currently occupied and used by the Contra Costa County Health Services Department (HSD). By January 8, 2020, Contra Costa County, on behalf of HSD, will submit an application to the State of California’s No Place Like Home Program (NPLH)/Competitive Allocation for a loan in an amount not to exceed $20 million to fund a portion of an affordable permanent supportive housing project for persons with a serious mental illness who are homeless, chronically homeless, or at-risk of chronic homelessness. As part of the loan application, the County will need to establish that it owns the Property. If HSD receives the loan, it will provide the services at the Property. The Authority’s Executive Director has determined that the Property is no longer required for Authority purposes. Therefore, the Property can be conveyed to the County under Government Code section 25365. Because the Authority and the County are governed by the Board of Supervisors acting in different capacities, notice of intention to convey the property is not required. The County will accept the property pursuant to Government Code section 25353. CONSEQUENCE OF NEGATIVE ACTION: The Authority will continue to own the Property. AGENDA ATTACHMENTS Grant Deed MINUTES ATTACHMENTS Signed Grant Deed RECOMMENDATION(S): ACCEPT the 2019 Semi-Annual Report of Real Estate Acquisition Acceptances dated January 1, 2019 – June 30, 2019, approved by the Public Works Director for the acquisitions of any interest in real property where the purchase price for the real property interest did not exceed $100,000 in the Antioch, Danville, Martinez, San Ramon and Walnut Creek areas. FISCAL IMPACT: No fiscal impact. BACKGROUND: Pursuant to the Contra Costa County, Ordinance Code, Title 11, Division 1108, Chapter 1108-8.002, “The Board of Supervisors authorizes the Public Works Director, or his or her designated deputy, to perform all acts necessary to approve and accept for the County the acquisition of any interest in real property where the purchase price for the real property interest does not exceed one hundred thousand dollars.” The Public Works Director shall submit a semi-annual report to the Board of Supervisors on each acquisition done pursuant to this section, including the interest acquired, its price, and the necessity for the purchase, which is described in the attached Semi-Annual Acceptance Report. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Jessica Dillingham, 925. 957-2453 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 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:December 17, 2019 Contra Costa County Subject:ACCEPT the 2019 Semi-Annual Report of Real Estate Acquisition Acceptances dated January 1, 2019 through June 30, 2019, Countywide. CONSEQUENCE OF NEGATIVE ACTION: The Board of Supervisors would not be informed of the acquisitions accepted by the Public Works Director pursuant to Contra Costa County Ordinance Code. ATTACHMENTS Semi-Annual Acceptance Report RECOMMENDATION(S): ADOPT Resolution No. 2019/666 accepting as complete the contracted work performed by Bay Cities Paving & Grading for the Contra Costa County Local Streets and Roads Preservation Project, as recommended by the Public Works Director, Byron and El Sobrante areas. County Project No. 0662-6R4138, Federal Project No. STPL-5928(148) (Districts I & III) FISCAL IMPACT: The Project was funded by 66% One Bay Area Grant-Local Streets and Roads Preservation Fund, 34% Local Road Fund. BACKGROUND: The Public Works Director reports that said work has been inspected and complies with the approved plans, special provisions and standard specifications and recommends its acceptance as complete as of November 6, 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: 12/17/2019 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: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 2 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:December 17, 2019 Contra Costa County Subject:Notice of Completion for the Contra Costa County Local Streets and Roads Preservation Project, Byron and El Sobrante areas. AGENDA ATTACHMENTS Resolution No. 2019/666 MINUTES ATTACHMENTS Signed: Resolution No. 2019/666 Recorded at the request of:Clerk of the Board Return To:Public Works Department, Design/Construction Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/17/2019 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. 2019/666 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.: 0662-6R4138, Federal Project No. STPL-5928(148) Project Name: Contra Costa County Local Streets and Roads Preservation Project Date of Work Completion: November 6, 2019 Description : The work to be done generally consists of rehabilitation and preservation of roadway on three County roads. Pavement grinding and inlay will be done starting on El Portal Drive at the Richmond City Limit and continuing onto San Pablo Dam Road until the Richmond City Limit near Tri Lane. Vasco Road is to have a micro-surface treatment applied to the travel lanes and a fog seal applied to the shoulders between the Frisk Creek Bridge and the Alameda County line. Additionally, there will be pavement failure and base failure repair, replacement of pavement striping and pavement markings, replacement of traffic signal loops, and construction of curb ramps compliant with the Americans with Disabilities Act.; and The Public Works Director reports that said work has been inspected and complies with the approved plans, special provisions and standard specifications and recommends its acceptance as complete as of November 6, 2019. Identification of real property : El Sobrante area at: San Pablo Dam Road and Byron area at: Vasco Road 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: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: RECOMMENDATION(S): ADOPT Resolution No. 2019/667 accepting as complete the contracted work performed by Bay Cities Paving & Grading for the Byron Highway Traffic Safety Improvements Project, as recommended by the Public Works Director, Byron area. County Project No. 0662-6R4011, Federal Project No. HSIPL-5928(131) (District III) FISCAL IMPACT: The Project was funded by 18.6% Federal Highway Safety Improvement Program Fund and 81.4% Local Road Fund. BACKGROUND: The Public Works Director reports that said work has been inspected and complies with the approved plans, special provisions and standard specifications and recommends its acceptance as complete as of October 30, 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: 12/17/2019 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: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 3 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:December 17, 2019 Contra Costa County Subject:Notice of Completion for the Byron Highway Traffic Safety Improvements Project, Byron area. AGENDA ATTACHMENTS Resolution No. 2019/667 MINUTES ATTACHMENTS Signed: Resolution No. 2019/667 Recorded at the request of:Clerk of the Board Return To:Public Works Department, Design/Construction Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/17/2019 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. 2019/667 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.: 0662-6R4011, Federal Project No. HSIPL-5928(131) Project Name: Byron Highway Traffic Safety Improvements Project Date of Work Completion: October 30, 2019 Description : The work to be done generally consists of overlaying Byron Highway between Byron Hot Springs Road and the Alameda County line, restriping the centerline to feature double yellow no-passing lines and a centerline rumble strip and replacing thermoplastic traffic stripes and pavement markings. Additionally, all signs along Byron Highway will be replaced to meet new retro-reflectivity standards. The Public Works Director reports that said work has been inspected and complies with the approved plans, special provisions and standard specifications and recommends its acceptance as complete as of October 30, 2019. Identification of real property : Byron area at: Byron Highway 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: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: RECOMMENDATION(S): ADOPT Resolution No. 2019/653 accepting completion of improvements for subdivision SD87-06844, for a project being developed by Seclusion Development Group, LLC, as recommended by the Public Works Director, Lafayette area. (District V) FISCAL IMPACT: No Fiscal Impact. BACKGROUND: The developer has completed the improvements per the Subdivision Agreement, and in accordance with the Title 9 of the County Ordinance Code. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Randolf Sanders (925)313-2111 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Jocelyn LaRocque- Engineering Services, Randolf Sanders- Engineering Services, Joshua Laranang- Engineering Services, Renee Hutchins - Records, Chris Hallford -Mapping , Sherri Reed, Seclusion Development Group, Philadelphia Insurance Company, Karen Piona- Record, T-10/10/2020 C. 4 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:December 17, 2019 Contra Costa County Subject:Accepting completion of improvements for subdivision SD87-06844, Lafayette area. CONSEQUENCE OF NEGATIVE ACTION: The completion of improvements, will not be accepted and the warranty period will not begin. AGENDA ATTACHMENTS Resolution No. 2019/653 Philadelphia Indemnity Insurance Company, Surety Bond Rider MINUTES ATTACHMENTS Signed Resolution No. 2019/653 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/17/2019 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2019/653 IN THE MATTER OF: accepting completion of improvements for subdivision SD87-06844, for a project being developed by Seclusion Development Group, LLC, as recommended by the Public Works Director, Lafayette area. (District V) WHEREAS, the Public Works Director has notified this Board that the improvements in subdivision SD87-06844 have been completed as provided in the Subdivision Agreement with Seclusion Development Group, LLC, heretofore approved by this Board in conjunction with the filing of the Subdivision Map. WHEREAS, these improvements are approximately located near Reliez Valley Road and Gloria Terrace. NOW, THEREFORE, BE IT RESOLVED that the improvements have been COMPLETED as of December 17, 2019, thereby establishing the six-month termination period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT: December 4, 2018 NAME OF SURETY: Philadelphia Indemnity Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for $806,500.00, Bond No. PB01798100096 issued by the above surety be RETAINED for the six month lien guarantee period until June 17, 2020 at which time the Board AUTHORIZES the release of said surety less the amount of any claims on file. BE IT FURTHER RESOLVED that Lomas Verdes Place, the hereinafter described improvements, as shown and dedicated for public use on DOC-2017-0068213-00, recorded on April 19, 2017, Official Records of Contra Costa County, State of California, are ACCEPTED AS COMPLETE. Road Name: Lomas Verdes Place Length (miles): 0.25 Road/ROW Width: 32’/52’ BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the $16,200 cash deposit (Auditor's Deposit Permit No. 766671, dated July 23, 2018) made by Seclusion Development Group, LLC, and the performance surety bond rider for $239,535.00, Bond No. PB01798100096 issued by Philadelphia Indemnity Insurance Company be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. Contact: Randolf Sanders (925)313-2111 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Jocelyn LaRocque- Engineering Services, Randolf Sanders- Engineering Services, Joshua Laranang- Engineering Services, Renee Hutchins - Records, Chris Hallford -Mapping , Sherri Reed, Seclusion Development Group, Philadelphia Insurance Company, Karen Piona- Record, T-10/10/2020 RECOMMENDATION(S): ACCEPT a summary of Contra Costa County’s 2018-19 Fiscal Year Annual Report of compliance with Bay Area’s Municipal Regional Stormwater Permit in response to the Grand Jury’s Report No. 1907 “Stormwater Trash Reduction: Are We Doing All That We Can?” (Grand Jury Report). FISCAL IMPACT: No fiscal impact to the General Fund and minimal impact to the department’s budget. The County’s stormwater trash reduction program is funded primarily with Stormwater Utility Assessments. The work to prepare this summary is a minimal cost. BACKGROUND: The 2018-19 Contra Costa County Grand Jury completed the Grand Jury Report in June of 2019. The County Grand Jury Report discusses the background of stormwater discharge regulations under the 1972 Federal Water Pollution Control Act (Clean Water Act), which establishes National Pollutant Discharge Elimination (NPDES) permits. In the Bay Area, the San Francisco Regional Water Quality Control Board regulates APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Michele Mancuso, (925) 313-2236 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Allison Knapp, Deputy Public Works Director, Tim Jensen, Flood Control, Michele Mancuso, County Watershed Program, Catherine Windham, Flood Control C. 5 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:December 17, 2019 Contra Costa County Subject:Contra Costa County Municipal Regional Stormwater Permit 2018-19 Annual Report Summary, Countywide. Project No. 7517-6W7201 BACKGROUND: (CONT'D) the Bay Area’s Municipal Regional Stormwater Permit (MRP) 2.0. MRP 2.0 required municipalities to achieve a trash reduction of 80% from their 2009 baseline trash levels by July 1, 2019. Noncompliance with MRP 2.0 can result in a Notice of Violation and a federal fine of $37,500 per violation per day and a state violation of $10,000 per violation per day. The Grand Jury Report discusses options to reduce trash, such as installing full trash capture devices or instituting source control programs such as plastic bag or polystyrene (Styrofoam) bans. The Grand Jury Report acknowledges that trash is present along highways and notes that collaboration between Caltrans and municipalities is an important potential solution. The Grand Jury Report indicates that the primary source of revenue for compliance with MRP 2.0, for most Contra Costa municipalities, is the Stormwater Utility Assessment (SUA) authorized in 1993. The SUA reached its maximum limit in FY 2009-10 and many municipalities have since supplemented their revenues with general funds to maintain compliance with MRP 2.0. The Grand Jury Report suggests that municipalities review other potential funding sources to achieve permit compliance. To increase public awareness, the Grand Jury Report recommends that municipalities write a narrative summary of their Annual Report to their Board of Supervisors or city council including permit compliance efforts, challenges, costs and funds needed to comply with MRP 2.0 Trash Reduction requirements. For unincorporated Contra Costa County, the County Watershed Program submitted the 2018-19 Annual Report on time and met the 2018-19 compliance requirements. The main accomplishments for FY 2018-19 are: 1. Contra Costa County met the 80% Trash Reduction Requirement. 2. The County completed an additional trash capture device project in 2018-19, increasing the trash reduction from full trash capture from 20% to 30% of the County’s total trash reduction. The County is installing additional trash capture devices in winter 2020 and is looking for opportunities to collaborate with Caltrans on full trash capture projects. 3. The County completed and submitted a Green Infrastructure (GI) Plan, adopted by the Board of Supervisors’ on August 6, 2019, with the County’s Annual Report. The GI plan is a long-term plan to design and build green infrastructure that treats stormwater draining from public rights-of-way and developments before draining directly to Contra Costa creeks and the Bay. The County is looking for opportunities to install green infrastructure projects on County parcels and rights-of-way to treat stormwater runoff. Regarding the fiscal impacts implementing MRP 2.0, staff has worked with the Transportation, Water, and Infrastructure Committee. Staff estimates that it will cost approximately $5 million annually to comply with all the MRP 2.0 provisions. However, the County only receives $3.2 million each year in discretionary revenue for stormwater related sources available from the General Fund. Staff identified $510,000 of Road funds and $75,000 of Flood Control Funds that could be used to help pay for program activities, leaving a shortfall of approximately $1.2 million. On August 6, 2019, the Board of Supervisors’ adopted the Grand Jury Report and referred the identification of additional revenue sources to fund stormwater compliance, to the Finance Committee. On November 4, 2019, the Finance Committee heard a presentation and directed County Watershed Program staff to develop options for additional funding sources to comply with MRP 2.0. Staff will bring the options to the Finance Committee for consideration in February 2020. CONSEQUENCE OF NEGATIVE ACTION: The narrative summary of the County's Annual Report, as recommended by the Grand Jury Report, will not be accepted. RECOMMENDATION(S): Acting as the Governing Board of the West Contra Costa Healthcare District Board of Directors: APPROVE and AUTHORIZE the County Treasurer to enter into a three-year contract with U.S. Bank National Association (U.S. Bank) for banking services on behalf of West Contra Costa Healthcare District (WCCHD). FISCAL IMPACT: Service fees and costs of approximately $5,000 annually will be deducted directly from the monies deposited with U.S. Bank and interest on those monies. BACKGROUND: Effective January 1, 2019, the County Board of Supervisors became the Board of Directors for WCCHD. As a result, WCCHD became a dependent district of Contra Costa County and its unrestricted cash was transferred into County Treasury. The Health Services Department is administratively responsible for the day to day operation of the District. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Jackie Peterson, Marcy Wilhelm C. 6 To:West Contra Costa Healthcare District From:Anna Roth, Health Services Director Date:December 17, 2019 Contra Costa County Subject:West Contra Costa Healthcare District (WCCHD) Banking Services BACKGROUND: (CONT'D) After performing extensive due diligence and working with bond counsel and financial consultants, the County Treasurer identified U.S. Bank as the most qualified financial institution to administer WCCHD’s cash balance. Investment options for these monies are limited because they relate to proceeds from WCCHD’s bonds, which are tax-exempt. U.S. Bank is able to offer investment vehicles that will help maintain the tax-exempt status of the bonds. Pursuant to the agreement, WCCHD will deposit monies in a bank account with US Bank. The cost of banking services will be directly deducted by deposited monies and the interest earned on the deposited monies. Under the agreement, WCCHD is required to indemnify U.S. Bank relating to its performance under the agreement. This agreement was reviewed and approved by the WCCHD Finance Committee on December 9, 2019. CONSEQUENCE OF NEGATIVE ACTION: If the agreement is not authorized, WCCHD will need to identify an alternative investment mechanism for these monies to allow its bonds to maintain their tax-exempt status. ATTACHMENTS Deposit Agreement DEPOSIT AGREEMENT THIS DEPOSIT AGREEMENT (“Agreement”), dated as of December ___, 2019 ("Effective Date"), is by and between West Contra Costa Healthcare District, a local hospital district organized and existing under the constitution and laws of the State of California ("Depositor"), and U.S. Bank National Association, a national banking association, as depositary agent ("Agent"). BACKGROUND WHEREAS, Depositor desires to deposit funds with Agent; and WHEREAS, Agent has agreed to accept, hold, and disburse the funds deposited with it and the earnings thereon in accordance with the terms of this Agreement. STATEMENT OF AGREEMENT NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, for themselves, their successors and assigns, hereby agree as follows: 1. Definitions. The following terms shall have the following meanings when used herein: "Depositor Representative" shall mean the person(s) so designated on Schedule B hereto or any other person designated in a writing signed by Depositor and delivered to Agent in accordance with the notice provisions of this Agreement, to act as its representative under this Agreement. "Funds" shall mean the funds deposited with Agent pursuant to Section 3 of this Agreement, together with any interest and other income thereon. "Written Direction" shall mean a written direction executed by a Depositor Representative and directing Agent to disburse all or a portion of the Funds or to take or refrain from taking an action pursuant to this Agreement. 2. Appointment of and Acceptance by Agent. Depositor hereby appoints Agent to serve hereunder. Agent hereby accepts such appointment and agrees to hold and disburse the Funds in accordance with this Agreement. 3. Deposit of Funds. Depositor will transfer the Funds from time to time, by wire transfer of immediately available funds, to the depositary account identified in Schedule A hereto. -2- 4. Disbursements of Funds. Agent shall disburse Funds at any time and from time to time, upon receipt of, and in accordance with, Depositor’s Writt en Direction. Such Written Direction shall contain wiring instructions or an address to which a check shall be sent. All disbursements of funds from the Funds shall be subject to the fees and claims of Agent and the Indemnified Parties (as defined below) pursuant to Section 9 and Section 10 below. 5. Suspension of Performance; Disbursement Into Court. If, at any time, Agent is unable to determine, to Agent's good faith satisfaction, the proper disposition of all or any portion of the Funds or Agent's proper actions with respect to its obligations hereunder, then Agent may, in its good faith judgment, take either or both of the following actions: a. suspend the performance of any of its obligations (including without limitation any disbursement obligations) under this Agreement until such dispute or uncertainty shall be resolved to the good faith satisfaction of Agent, b. petition (by means of an interpleader action or any other appropriate method) any court of competent jurisdiction in any venue convenient to Agent, for instructions with respect to such dispute or uncertainty, and to the extent required or permitted by law, pay into such court, for holding and disposition in accordance with the instructions of such court, all Funds, after deduction and payment to Agent of all fees and expenses (including court costs and attorneys' fees) payable to, incurred by, or expected to be incurred by Agent in connection with the performance of its duties and the exercise of its rights hereunder. Agent shall have no liability to Depositor or any other person with respect to any such suspension of performance or disbursement into court, specifically including any liab ility or claimed liability that may arise, or be alleged to have arisen, out of or as a result of any good faith delay in the disbursement of the Funds or any good faith delay in or with respect to any other action required or requested of Agent. 6. Investments. Based upon Depositor’s prior review of investment alternatives, in the absence of further specific written direction to the contrary at any time that an investment decision must be made, Agent is directed to invest and reinvest the Funds in the investment identified in Schedule C. Agent will not provide supervision, recommendations or advice relating to either the investment of Funds or the purchase or disposition of any investment and the Agent shall not have any liability for any loss in an investment made pursuant to the terms of this Agreement. Agent has no responsibility whatsoever to determine the market or other value of any investment and makes no representation or warranty as to the accuracy of any such valuations. To the extent applicable regulations grant rights to receive brokerage confirmations for certain security transactions, Depositor waives receipt of such confirmations. Receipt of Funds and investment and reinvestment of Funds shall be confirmed by Agent by an account statement . -3- Failure to inform Agent in writing of any error or omission in any such account statement within 90 days after receipt shall conclusively be deemed confirmation and approval by Depositor of such account statement. 7. Resignation or Removal of Agent. Agent may resign and be discharged from the performance of its duties hereunder at any time by giving thirty (30) days’ prior written notice to the Depositor specifying a date when such resignation shall take effect and after such specified date, notwithst anding any other provision of this Agreement, Agent’s sole obligation will be to hold the Funds pending appointment of a successor Agent. Similarly, Agent may be removed at any time by Depositor giving at least thirty (30) days’ prior written notice to Age nt specifying the date when such removal shall take effect. Upon the effective date of any such resignation or removal, Agent shall return the Funds to or at the direction of the Depositor after deduction and payment to Agent of all fees and expenses (including court costs and attorneys' fees) payable to or incurred by Agent, in its good faith judgment, in connection with the performance of its duties and the exercise of its rights hereunder. At least 10 days prior to making such deduction, Agent shall provide Depositor with a written accounting of the fees and expenses to be deducted. After Agent's resignation or removal, the provisions of this Agreement shall inure to its benefit as to any actions taken or omitted to be taken by it while it was acting unde r this Agreement. 8. Liability of Agent. Agent undertakes to perform only such duties as are expressly set forth herein and no duties shall be implied. Agent has no fiduciary or discretionary duties of any kind. Agent shall have no liability under and no duty to inquire as to the provisions of any agreement other than this Agreement. Agent shall not be liable for any action taken or omitted by it in good faith except to the extent that a court of competent jurisdiction determines, which determination is not subject to appeal, that any direct loss to the Depositor is attributable to Agent’s gross negligence or willful misconduct. Agent's sole responsibility shall be for the safekeeping of the Funds in accordance with Agent’s customary practices and disbursement of the Funds in accordance with the terms of this Agreement. Agent shall have no implied duties or obligations and shall not be charged with knowledge or notice of any fact or circumstance not specifically set forth herein. Agent may rely upon any notice, instruction, request or other instrument, not only as to its due execution, validity and effectiveness, but also as to the truth and accuracy of any information contained therein, which Agent believes to be genuine and to have been signed or presented by the person or parties purporting to sign the same. In no event shall Agent be liable for incidental, indirect, special, consequential or punitive damages (including, but not limited to lost profits), even if Agent has been advised of the likelihood of such loss or damage and regardless of the form of action. Agent shall not be obligated to take any legal action or commence any proceeding in connection with the Funds, any account in which Funds are deposited, or this Agreement, or to appear in, prosecute or defend any such legal action o r proceeding or to take any other action that in Agent’s sole judgment may expose it to potential expense or liability. Agent shall not be responsible or liable in any manner for the performance by any party of their respective obligations under any other agreement. -4- Agent is authorized, in its sole discretion, to comply with orders issued or process entered by any court with respect to the Funds, without determination by Agent of such court's jurisdiction in the matter. If any portion of the Funds is a t any time attached, garnished or levied upon under any court order, or in case the payment, assignment, transfer, conveyance or delivery of any such property shall be stayed or enjoined by any court order, or in case any order, judgment or decree shall be made or entered by any court affecting such property or any part thereof, then and in any such event, Agent is authorized, in its sole discretion, to rely upon and comply with any such order, writ, judgment or decree which it is advised by legal counsel s elected by it is binding upon it without the need for appeal or other action; and if Agent complies with any such order, writ, judgment or decree, it shall not be liable to any of the parties hereto or to any other person or entity by reason of such compliance even though such order, writ, judgment or decree may be subsequently reversed, modified, annulled, set aside or vacated. 9. Indemnification. Depositor agrees to indemnify, defend, protect and hold harmless Agent, and its employees, officers, boards, attorneys, representatives and agents from all demands, losses, claims, costs, suits, damages, liabilities and expenses (collectively, “Liability”) arising out of or relating to, Agent’s performance under this Agreement except to the extent such Liabilit y is caused by Agent’s gross negligence or willful misconduct. Depositor shall not be required to indemnify, defend, protect and hold harmless for any Liability caused by the sole gross negligence or sole willful misconduct of Agent. 10. Compensation to Agent. a. Fees and Expenses. Depositor shall compensate Agent for its services hereunder in accordance with Schedule A attached hereto and, in addition, shall reimburse Agent for all of its reasonable out-of-pocket expenses, disbursements, and advances, including without limitation the reasonable fees, expenses, and disbursements of its agents and attorneys incurred or made by the Agent in connection with performing under this Agreement or in connection with investigating and defending itself against any claim or liability in connection with its performance hereunder. The additional provisions and information set forth o n Schedule A are hereby incorporated by this reference, and form a part of this Agreement. All of the compensation and reimbursement obligations set forth in this Section 10 shall be payable by Depositor upon demand by Agent. The obligations of Depositor under this Section 10 shall survive any termination of this Agreement and the resignation or removal of Agent. b. Disbursements from Funds to Pay Agent. Agent is authorized to, and may, disburse to itself from the Funds the amount of reasonable compensation and reimbursement due and payable hereunder, as provided for in Attachment A. At least 10 days prior to making such disbursement, Agent shall provide Depositor with a written accounting setting for the fees and expenses constituting the basis of the disbursement, provided that (i) any crediting of funds or -5- assets to the Funds shall be provisional in nature, and the Escrow Agent shall be authorized to immediately reverse or offset any such transactions or advances of funds in the event that it does not receive good funds with respect thereto, and (ii) nothing in this Agreement shall constitute a waiver of any of U.S. Bank National Association’s rights as a securities intermediary under Uniform Commercial Code §9-206. c. Security and Offset. Depositor hereby grants to Agent and the Indemnified Parties a first priority security interest in and lien upon the Funds to secure all obligations hereunder, and Agent and the other Indemnified Parties shall have the right to offset the amount of reasonable compensation or reimbursement due any of them hereunder, as provided for in Attachment A against the Funds. If for any reason the Funds available to Agent and the other Indemnified Parties pursuant to such security interest or right of offset are insufficient to cover such compensation and reimbursement, Depositor shall promptly pay such amounts to Agent and the Indemnified Parties upon receipt of an itemized invoice. 11. Representations and Warranties. Depositor makes the following representations and warranties to Agent: (i) It is duly organized, validly existing, and in good standing under the laws of the state of its incorporation or organization, and has full power and authority to execute and deliver this Agreement and to perform its obligations hereunder. (ii) This Agreement has been duly approved by all necessary action, including any necessary shareholder or membership approval, has been executed by its duly authorized officers, and constitutes its valid and binding agreement enforceable in accordance with its terms. (iii) The execution, delivery, and performance of this Agreement will not violate, conflict with, or cause a default under its articles of incorporation, articles of organization, bylaws, management agreement or other organizational document, as applicable, any applicable law or regulation, any court order or administrative ruling or decree to which it is a party or any of its property is subject, or any agreement, contract, indenture. (iv) The applicable persons designated on Schedule B hereto have been duly appointed to act as its representatives hereunder and have full power and authority to execute and deliver any Written Directio n, to amend, modify or waive any provision of this Agreement and to take any and all other actions under this Agreement, all without further consent or direction from, or notice to, it or any other party. -6- (v) No party other than the parties hereto has, or shall have, any lien, claim or security interest in the Funds or any part thereof. No financing statement under the Uniform Commercial Code is on file in any jurisdiction claiming a security interest in or describing (whether specifically or generally) the Funds or any part thereof. (vi) All of its representations and warranties contained herein are true and complete as of the date hereof and will be true and complete at the time of any disbursement of the Funds. 12. Patriot Act/Identifying Informatio n. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. For a non-individual person such as a business entity, a charity, a trust, or other legal entity, Agent requires documentation to verify its formation and existence as a legal entity. Agent may ask to see financial statements, licenses, or identification and authorization documents from individuals claiming authority to represent the entity or other relevant documentation. The Depositor acknowledges that a portion of the identifying information set forth herein is being requested by Agent in connection with the USA Patriot Act, P ub.L.107-56 (the “Act”), and agrees to provide any additional information requested by Agent in connection with the Act or any other legislation or regulation to which Agent is subject, in a timely manner. The Depositor represents that all identifying information set forth on Schedule A or otherwise provided to Agent, including without limitation, its Taxpayer Identification Number assigned by the Internal Revenue Service or any other taxing authority, is true and complete on the date hereof and will be tr ue and complete at the time of any disbursement of the Funds. 13. Consent to Jurisdiction and Venue. In the event that any party hereto commences a lawsuit or other proceeding relating to or arising from this Agreement, the parties hereto agree that the U.S. District Court for the Northern District of California shall have jurisdiction over any such proceeding. If such court lacks federal subject matter jurisdiction, the parties agree that the Contra Costa County Superior Court shall have jurisdiction. Any of these courts shall be proper venue for any such lawsuit or judicial proceeding and the parties hereto waive any objection to such venue. The parties hereto consent to and agree to submit to the jurisdiction of any of the courts specified herein and agree to accept service of process to vest personal jurisdiction over them in any of these courts. 14. Notice. All notices, approvals, consents, requests, and other communications hereunder shall be in writing (provided that each such communication to A gent must be manually signed by the sender) and shall be deemed to have been given when the writing is delivered if given or delivered by hand, overnight delivery service or facsimile transmitter (with confirmed receipt) to the address or facsimile number set forth on Schedule A hereto, or to such other address as each party may designate for itself by like notice, and shall be deemed to have -7- been given on the date deposited in the mail, if mailed, by first-class, registered or certified mail, postage prepaid, addressed as set forth on Schedule A hereto, or to such other address as each party may designate for itself by like notice. 15. Amendment, Waiver and Assignment. This Agreement may be changed, waived, discharged or terminated only by a writing signe d by the parties hereto. No delay or omission by any party in exercising any right with respect hereto shall operate as a waiver. A waiver on any one occasion shall not be construed as a bar to, or waiver of, any right or remedy on any future occasion. Except as provided in Section 19, this Agreement may not be assigned by any party without the written consent of the other party. 16. Severability. To the extent any provision of this Agreement is prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 17. Governing Law. This Agreement shall be construed and interpreted in accordance with the internal laws of the State of California without giving effect to the conflict of laws principles thereof. 18. Entire Agreement. This Agreement constitutes the entire agreement between the parties relating to the holding, investment and disbursement of the Funds and sets forth in their entirety the obligations and duties of Agent with respect to the Funds. Nothing in this Agreement, express or implied, is intended to or shall confer upon any person other than the signatory parties hereto and the Indemnified Parties any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement. 19. Binding Effect; Successors. All of the terms of this Agreement, as amended from time to time, shall be binding upon, inure to the benefit of and be enforceable by the respective successors and assigns of Depositor and Agent. If Agent consolidates, merges or converts into, or transfers all or substantially all of its corporate trust business (including the account contemplated by this Agreement) to another entity, the successor or transferee entity without any further act shall be the successor Agent. 20. Execution in Counterparts. This Agreement may be executed in two or more counterparts, which when so executed shall constitute one and the same agreement or direction. The exchange of copies of this Agreement and of signature pages by facsimile transmission shall constitute effective execution and delivery of this Agreement as to the parties and may be used in lieu of the original Agreement for all purposes. Signatures of the parties transmitted by facsimile shall be deemed to be their original signatures for all purposes. -8- 21. Term and Termination. a. This Agreement terminates with three years of the Effective Date unless sooner terminated as provided herein. b. Upon the disbursement of all amounts in the Funds pursuant to Written Directions or pursuant to Section 5, Section 7 or Section 8 hereof, this Agreement shall terminate, Agent shall be released from its obligations hereunder and Agent shall have no further liability with respect to the Fund, this Agreement, or any action or refusal to take action hereunder, except as provided by Paragraph 9. 22. Dealings. Agent and any stockholder, director, officer or employee of Agent may buy, sell, and deal in any of the securities of the Depositor and become financially interested in any transaction in which Depositor may be interested, and contract and lend money to the Depositor and otherwise act as fully and freely as though it were not acting as the depositary Agent under this Agreement. Nothing herein shall preclude Agent from acting in any other capacity for the Depositor or for any other person or entity. 23. Optional Security Procedures. In the event funds transfer instructions, address changes or change in contact information are given (other than in writing at the time of execution of this Agreement), whether in writing, by facsimile or otherwise, Agent is authorized but shall be under no duty to seek confirmation of such instructions by telephone call-back to the person or persons designated on Schedule B hereto, and Agent may rely upon the confirmation of anyone purporting to be the person or persons so designated. The persons and telephone numbers for call-backs may be changed only in writing actually received and acknowledged by Agent and shall be effective only after Agent has a reasonable opportunity to act on such changes. If Agent is unable to contact any of the designated representatives identified in Schedule B, Agent is hereby authorized but shall be under no duty to seek confirmation of such instructions by telephone call - back to any one or more of Depositor’s executive officers (“Executive Officers ”), as the case may be, which shall include the titles of Chief Executive Officer, President and Vice President, as Agent may select. Such Executive Officer shall deliver to Agent a fully executed incumbency certificate , and Agent may rely upon the confirmation of anyone purporting to be any such officer. Depositor agrees that Agent may at its option record any telephone calls made pursuant to this Section. Agent in any funds transfer may rely solely upon any account numbers or similar identifying numbers provided by Depositor to identify (a) the beneficiary, (b) the beneficiary's Agent, or (c) an intermediary Agent. Agent may apply any of the Funds for any payment order it executes using any such identifying number, even when its use may result in a person other than the beneficiary being paid, or the transfer of funds to a Agent other than the beneficiary's Agent or an intermediary Agent designated. Depositor acknowledges that these optional security procedures are commercially reasonable. -9- 24. Tax Reporting. Depositor agrees to assume all obligations imposed now or hereafter by any applicable tax law or regulation with respect to payments or performance under this Agreement. Upon Agent’s request, Depositor shall provide Agent with a Form W -9 or Form W-8, as applicable, for each payee, together with any other documentation and information requested by Agent in connection with Agent’s reporting obligations under the United States Internal Revenue Code and related regulations (the “Code”). If such tax documentation is not so provided, Agent is authorized to withhold taxes as required by the Code. Depositor shall accurately provide Agent with all information requested by Agent in connection with Agent’s reporting obligations under the Code. Except as otherwise agre ed by Agent in writing, Agent has no tax reporting or withholding obligation except with respect to Form 1099 -B reporting on payments of gross proceeds under Code Section 6045 and Form 1099 and Form 1042 -S reporting with respect to investment income, if any. 25. Compliance with Law. Agent agrees to comply in all respects with the provisions of article 2 of Title 5, Division 2 of the California Government Code, and as otherwise required by law to the extent that Depositor has made Agent aware of such obligations. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first above written. DEPOSITOR By: ______________________________ Name: ______________________________ Title: ______________________________ U.S. BANK NATIONAL ASSOCIATION By: ______________________________ Name: ______________________________ Title: ______________________________ A-10 SCHEDULE A 1. Deposit Account. U.S. Bank National Association ABA# 091 000 022 BNF ACCT# 180121167365 Re: West Contra Costa Deposit Ac 260839000 2. Agent Fees. Acceptance Fee: $1,500.00 Annual Fee: $1,500.00 Out-of-Pocket Expenses at cost Other Fees/Attorney, etc.: at cost The Acceptance Fee and the Annual Fee are payable upon execution of the agreement. In the event the account is not funded, the Acceptance Fee and all related expenses, including attorneys’ fees, remain due and payable, and if paid, will not be refunded. Annual fees cover a full year in advance, or any part thereof, and thus are not pro -rated in the year of termination. The fees quoted in this schedule apply to services o rdinarily rendered in the administration of an account and are subject to reasonable adjustment based on final review of documents, or when Agent is called upon to undertake unusual duties or responsibilities, or as changes in law, procedures, or the cost of doing business demand. Services in addition to and not contemplated in this Agreement, including, but not limited to, document amendments and revisions, non-standard cash and/or investment transactions, calculations, notices and reports, and legal fees, will be billed as extraordinary expenses. Unless otherwise indicated, the above fees relate to the establishment of one account. Additional sub-accounts governed by the same Agreement may incur an additional charge. Transaction costs include charges for wire transfers, checks, internal transfers and securities transactions. 3. Taxpayer Identification Numbers. 4. Depositor: 94-6000509 5. Notice Addresses. If to Depositor, at: Contra Costa County Treasurer-Tax Collector West Contra Costa Healthcare District 625 Court Street, Room 100 Martinez, CA 94553 ATTN: Belinda Zhu Facsimile: (925) 957-2899 Telephone: (925) 957-2807 E-mail: ccctreasury@tax.cccounty.us If to Agent, at: U.S. Bank National Association, as Agent One California Street, Suite 1000 San Francisco, CA 94111 ATTN: David Jason Facsimile: (415) 677-3769 Telephone: (415) 677-3622 E-mail: david.jason@usbank.com SCHEDULE B Each of the following person(s) is a Depositor representative and each is authorized to execute documents and direct Agent as to all matters, including fund transfers, address changes and contact information changes, on Depositor’s behalf: _______________________ ____________ Name Specimen signature Telephone No. _______________________ ____________ Name Specimen signature Telephone No _______________________ _______________________ ____________ Name Specimen signature Telephone No (Note: if only one person is identified above, please complete the following) The following person not listed above is authorized for call-back confirmations: [______________] _______________________ Name Telephone Number SCHEDULE C Based upon client’s prior review of investment alternatives, in the absence of further specific written direction to the contrary, U.S. Bank National Association (or U.S. Bank Trust National Association) is hereby directed to invest and reinvest proceeds and other available moneys in the following fund as permitted by the operative documents: FEDERATED INSTITUTIONAL TAX FREE CASH TRUST PREMIER SHARES Ticker: FTFXX The Securities and Exchange Commission (“SEC”) has amended the rules that govern the operation of registered money market funds (“MMFs”). The compliance date for certain of these amendments is October 14, 2016. Stable or Floating Net Asset Value (NAV): Under the amended rules, Institutional Prime and Institutional Tax- Free MMFs will be required to price and transact in their shares at a floating NAV reflecting current market -based values of their portfolio securities. The floating NAV will need to be rounded to four decimal places (e.g., $1.0001 or $0.9999) and may result in a gain (or loss) on the market value of your original investment. Government MMFs will continue to transact at a stable NAV of $1.00 per share. Redemption Liquidity Fees and Redemption Gates: Institutional Prime and Institutional Tax-Free MMFs must adopt policies and procedures to enable them to impose liquidity fees (up to 2%) on redemptions (sells) and/or impose redemption gates (up to 10 days over a 90 day period with no access to invested funds) in the event that the MMF’s weekly liquid assets were to fall below a designated threshold, subject to the actions of the MMF’s board. Government MMFs are exempt from this requirement. U.S. BANK DOES NOT HAVE A DUTY NOR WILL IT UNDERTAKE ANY DUTY TO PROVIDE INVESTMENT ADVICE TO YOU. INVESTMENT ADVICE, IF NEEDED, SHOULD BE OBTAINED FROM YOUR FINANCIAL ADVISOR. U.S. BANK, WHEN ACTING AS AN INDENTURE TRUSTEE OR IN A SIMILAR CAPACITY, IS NOT REQUIRED TO REGISTER AS A MUNICIPAL ADVISOR WITH THE SECURITIES AND EXCHANGE COMMISSION FOR PURPOSES OF COMPLYING WITH THE DODD - FRANK WALL STREET REFORM & CONSUMER PROTECTION ACT. FOR INFORMATION ABOUT OTHER AVAILABLE SWEEP OPTIONS, CONTACT YOUR ACCOUNT MANAGER. SHAREHOLDER COMMUNICATIONS ACT AUTHORIZATION The Shareholder Communications Act of 1985 and its regulation require that banks and trust companies make an effort to facilitate communication between registrants of U.S. securities and the parties who have the authority to vote or direct the voting of those securities regarding proxy dissemination and other corporate communications. Unless you indicate your objection b elow, we will provide the obligatory information to the registrant upon request. Your objection will apply to all securities held for you in the account now and in the future unless you notify us in writing. ______ I object to US Bank providing my na me, address, and securities positions to requesting issuers. (Initial, check, or place an X on the [blank] to indicate your objection) Fee Basis : Fund Level : U.S. Bank has entered and will, from time to time, enter into agreements with mutual funds and/or mutual fund service providers whereby U.S. Bank receives fees for providing shareholder service and administrative support services to the fund, which may b e paid as 12b-1 service fees, annual compensation, or omnibus record keeping services. These service fees are calculated as a percentage of your Account’s investment in the Fund(s), and may be paid either by the Fund or by a Fund service provider (such as the Fund’s advisor or distributor). Fees paid by the Fund are detailed in each Fund’s prospectus, and may be designated as “Shareholder Services” or “12b -1” fees. For the Fund listed above, the total current fee percentage eligible to be paid to U.S. Bank by the Fund and/or a Fund’s service provider does not exceed XX basis points (.00XX). Payment of these fees does not result in any increase in fees charged against the fund’s assets above the fee and expense levels established for the fund and disclosed in the fund’s prospectus. Approval of investment in the above mutual fund includes approval of these fees. Acknowledgments. Client Acknowledges that: 1.1. Beginning in October 2016, the money market fund you selected will have a floating net asset value (NAV) and may be subject to redemption gates and fees. By signing below, you are directing us to hold this investment and acknowledge sufficient funds may not be available when needed (nor in the amount required) to pay your debt service (or other time-sensitive) obligations. 1.2. Shares of Mutual Funds are not deposits or obligations of, or guaranteed by, any bank, including any bank affiliated with U.S. Bancorp. Nor does the Federal Deposit Insurance Corporations, the Federal Reserve Board, or any other government agency insure such products. An investment in such pr oducts involves investment risks, including the possible loss of principal, due to fluctuations in each product’s net asset value. 1.3. Same-day Settlement. If USBNA (or USBTNA) receives a direction to purchase or redeem Sweep Vehicle shares by the fund ’s established U.S. Bank cut -off time (the “Internal Trading Cut -off”), then such entity will settle the purchase or redemption on the same business day, subject to the Sweep Vehicle’s cut -off and policy for determining when a purchase or redemption order is considered to be received. Meeting the Internal Trading Cut - off does not guarantee same -business -day settlement. 1.4. Advance of Funds. If USBNA (or USBTNA) receives a direction to redeem Sweep Vehicle shares (the “Redemption Direction”) and to disb urse or invest the proceeds thereof before the redeemed shares settle (the “Proceeds Direction”), then they have the power to (i) determine the dollar amount of anticipated proceeds based on the net asset value (“NAV”) most recently determined (ii) advance funds in that dollar amount in furtherance of settling the redemption and, as applicable, the purchase; (iii) determine the number of shares redeemed based on the NAV at settlement; and (iv) as part of USBNA’s (or USBTNA’s) compensation for servicing the Account, retain the yield paid on Sweep Vehicle shares that were treated as redeemed. USBNA (or USBTNA) reserves the right not to advance funds, including where the Sweep Vehicle has a floating NAV and the dollar amount of the Proceeds Direction is at least 99% of the dollar value of all Sweep Vehicle shares in the Account based on the NAV most recently determined. 1.5. Directed Account. USBNA (or USBTNA) (i) has no discretion to invest Account assets (such as discretion to select the Sweep Vehicle; dete rmine whether, or what amount of, Account assets will be used to purchase a position in the Sweep Vehicle; or redeem Sweep Vehicle shares) and (ii) does not render investment advice with respect to Account assets. Nor will USBNA’s (or USBTNA’s) power to a dvance funds in furtherance of settlement, whether exercised or not, be deemed to be such discretion or advice. 1.6. Revocation. The Client may revoke the foregoing designation of the Sweep Vehicle at any time without penalty. 2. Representations and Warranties. Represents and warrants that (i) the Client is independent of U.S. Bank; has discretionary authority to select the investments and approve the fees described herein for the Account; received, read, and understood the Sweep Vehicle’s prospectus an d fund fact-sheet, including the sections thereof describing fees, gates, expenses, cut -offs, and compensation, before Account assets were first invested in the Sweep Vehicle; and understands and approves the services and fees described herein; (ii) if the Account assets are subject to the Employee Retirement Income Security Act of 1974, as amended, (“ERISA”), then the Client is a trustee under ERISA §403(a) with respect to the assets, a “named fiduciary” with respect to the plan within the meaning of ERISA §402(a), or an “investment manager” within the meaning of ERISA §3(38) with respect to the assets that has been delegated the authority to manage, acquire, and dispose of such assets pursuant to ERISA §402(c)(3); and (iii) the foregoing designation, direc tion, acknowledgments, representations and warranties are made according to the Account’s governing service agreement and are not contrary to applicable law. Contra Costa County West Contra Costa Healthcare District Company Name Signature of Authorized Directing Party Trust Account Number – includes existing and future sub -accounts unless otherwise designated. Title Date RECOMMENDATION(S): DENY claims filed by Jose Chim- AAA Insurance(2), Lee Self, Michael Burns, Anne H. Shay, Kimberly Wright and Ty Montanez, Rod Arsalan Bahmanyari, City of Orinda, Amy Warren and Craig Warren, Ronald Bouslog, LaRonn Keith Bragg, Second Look Inc. A/S/O Brenda Lugo, Katherine Staudt, and Housing Authority Claim by Chrisa Porter. FISCAL IMPACT: No fiscal impact BACKGROUND: Jose Chim – AAA Insurance (2): Property claim for damage to vehicle arising out of motor vehicle accident in the amount of $5,372.87 Lee Self: Personal injury claim for injuries sustained from a dog bite in an amount not listed. Michael Burns: Personal injury claim arising out of unknown incident in an amount not listed. Anne H. Shay: Property claim for damage to vehicle due to condition of property in an amount to be determined. Kimberly Wright and Ty Montanez: Personal injury claim for injuries sustained in automobile accident in an amount to be determined. Rod Arsalan Bahmanyari: Property APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: 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: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 7 To:Board of Supervisors From:David Twa, County Administrator Date:December 17, 2019 Contra Costa County Subject:Claims BACKGROUND: (CONT'D) claim for damage to vehicle due to roadway in the amount of $1,400. City of Orinda: Property claim for damage to vehicle arising out of motor vehicle accident in the amount of $9,578.78 Amy Warren and Craig Warren: Personal injury claim for injuries arising out of a slip and fall in the amount of $900,000. Ronald Bouslog: Personal injury claim arising out of alleged neglect in an amount to exceed $25,000. LaRonn Keith Bragg: Personal injury claim for injuries sustained in motor vehicle accident in an amount to exceed $25,000. Second Look Inc. a subrogee of Brenda Lugo: Property claim for damage to vehicle arising out of motor vehicle accident in the amount of $891.29 Katherine Staudt: Request that Board of Supervisors accept a late claim alleging personal injuries arising out of medical negligence. Chrisa Porter- Housing Authority Claim: Personal injury claim for injuries sustained arising out of an incident involving a stray dog in the amount of $16,645.03 CONSEQUENCE OF NEGATIVE ACTION: The limitations period in Government Code section 945.6, subsection (a) (1) would not apply to these claimants. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 8 To:Board of Supervisors From:Karen Mitchoff, District IV Supervisor Date:December 17, 2019 Contra Costa County Subject:In the matter of honoring Larry Sly, the Executive Director of the Food Bank of Contra Costa & Solano on his retirement AGENDA ATTACHMENTS Resolution 2019/661 MINUTES ATTACHMENTS Signed Resolution No. 2019/661 In the matter of:Resolution No. 2019/661 In the matter of honoring Larry Sly, the Executive Director of the Food Bank of Contra Costa & Solano on his retirement Whereas, Larry has served at the Food Bank of Contra Costa & Solano for 43 years and has made a lasting impact in the lives of community members in need not only in Contra Costa and Solano but throughout the state; and Whereas, Larry Sly graduated from UC Berkeley, joined the Food Bank of Contra Costa and Solano and quickly became Executive Director; and Whereas, he started as a truck driver, picking up bread from grocery stores to be distributed to the Food Bank’s network of 17 agencies; and Whereas, Larry has guided the Food Bank’s development from an organization that distributed 36,000 pounds of food in its first year to one that distributed over 25 million pounds of food in 2018; and Whereas, Larry has served as Vice Chair of the Board of Directors of Feeding America; and Whereas, Larry was Chair of the Board for the Greater Concord Chamber of Commerce and a past President of the Rotary Club of Concord; and Whereas, he is currently on the Board of Directors of the California Association of Food Banks and is the Chair of the Emergency Food and Shelter board; and Whereas, he has been chosen to be on the Fresh Look Advisory Committee – a group convened by the California Department of Social Services that is looking to revamp how food for low-income individuals is delivered across the state; and Whereas, Larry is a recipient of the John Van Hengel award – an award given out by Feeding America for lifetime achievement in Food Banking; and Whereas, he has advocated for public policies that benefit low-income people at the federal, state and local level and has overseen the development of an Advocacy program at the Food Bank. Now therefore be it resolved that the Contra Costa County Board of Supervisors recognizes Larry Sly on the occasion of his retirement and honors his hard work to ensure those in need have food on their table. ___________________ JOHN GIOIA Chair, District I Supervisor ______________________________________ CANDACE ANDERSEN DIANE BURGIS District II Supervisor District III Supervisor ______________________________________ KAREN MITCHOFF FEDERAL D. GLOVER District IV Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, By: ____________________________________, Deputy C.8, PR.2 RECOMMENDATION(S): ADOPT Ordinance No. 2019-39, to establish an expedited, streamlined permitting process for electric vehicle charging stations. FISCAL IMPACT: None. BACKGROUND: State law requires that all cities and counties in California adopt an ordinance describing the city or county's streamlined process for permitting electric vehicle charging stations. The attached ordinance which was introduced at the December 10, 2019 Board meeting satisfies this requirement. The adoption of the proposed ordinance will facilitate the installation of electric vehicle charging stations within the County's jurisdiction by making the building permitting process more transparent and accessible to the public. Increasing the number of electric vehicle charging stations within the County is consistent with the policy direction previously established by the Board of Supervisors to lower greenhouse gas emissions within the County. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: December 17, 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:John Kopchik, Director, Conservation & Development Department Date:December 17, 2019 Contra Costa County Subject:ADOPT Ordinance No. 2019-39 establishing an expedited, streamlined permitting process for electric vehicle charging stations. CONSEQUENCE OF NEGATIVE ACTION: If the recommended actions are not approved, the County will not adopt the proposed ordinance, and will not be in compliance with the statutory requirement to adopt such ordinance. AGENDA ATTACHMENTS Ordinance No. 2019-39 EVCS Expedited Checklist MINUTES ATTACHMENTS Signed Ordinance No. 2019-39 ORDINANCE NO. 2019-39 ELECTRIC VEHICLE CHARGING STATIONS 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 adds Chapter 718-14 to the County Ordinance Code to establish an expedited, streamlined permitting process for electric vehicle charging stations, pursuant to Government Code section 65850.7. SECTION II. Chapter 718-14 is added to the County Ordinance Code, to read: Chapter 718-14 ELECTRIC VEHICLE CHARGING STATIONS 718-14.002 Building permit required. A building permit is required to install an electric vehicle charging station. “Electric vehicle charging station” has the meaning set forth in Government Code section 65850.7. (Ord. 2019-39 § 2.) 718-14.004 Application. (a)The building official will make the following available on the County website: (1)The County's standard building permit application form. (2)The County's standard electric vehicle charging station checklist, which will substantially conform to the checklist in the most current version of the Zero- Emission Vehicles in California: Community Readiness Guidebook published by the Governor's Office of Planning and Research. The checklist will include all requirements that an electric vehicle charging station must meet to be eligible for review and approval under this chapter. (b)An application to install an electric vehicle charging station may be submitted electronically. (Ord. 2019-39 § 2.) 718-14.006 Expedited review of applications. (a)An application will be deemed complete if the building official determines that the application includes all of the information and documents required by the standard application form and the standard checklist. If an application is deemed incomplete, the building official will notify the applicant in writing of the additional information needed ORDINANCE NO. 2019-39 1 to complete the application. (b)After an application is deemed complete, the building official will perform an expedited review of the application. (c)A building permit will be issued following the building official's confirmation that an application and supporting documents meet the requirements of the checklist and after all required fees have been paid. If the application was submitted electronically, the permit may be issued electronically.(Ord. 2019-39 § 2.) 718-14.008 Inspection and authorization to operate. As soon as practicable after the applicant notifies the building official that an electric vehicle charging station has been installed under a building permit, the building official will inspect the station to verify compliance with the building permit. If the building official determines that a station was not installed in compliance with a building permit, the building official will notify the permittee of the actions needed to comply with the building permit and will conduct additional inspections as necessary. No electric vehicle charging station may be operated unless the building official verifies in writing that it complies with the building permit. (Ord. 2019-39 § 2.) 718-14.010 Requirements cumulative. The requirements of this chapter are in addition to any other applicable requirements of this Code, and any requirements of a utility provider, that must be satisfied before an electric vehicle charging station may be installed or operated. (Ord. 2019- 39 § 2.) 718-14.012 Appeal. The decision of the building official to approve or deny a building permit for an electric vehicle charging station may be appealed to the planning commission in the time allowed and in the manner prescribed in Article 26-2.24. (Ord. 2019-39 § 2.) SECTION III. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors voting for or against it in the East Bay Times, a newspaper published in this County. /// /// /// /// /// /// /// /// /// /// ORDINANCE NO. 2019-39 2 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. 2019-39 Electric Vehicle Charging Stations.wpd ORDINANCE NO. 2019-39 3 Contra Costa County Department of Conservation and Development 30 Muir Road, Martinez, CA Office: (925) 674-7200 Fax: (925) 674-7244 Eligibility Checklist for Expedited Electric Vehicle Charging Station Residential Permitting In order for your application to be eligible for expedited EVCS processing, all questions requiring code compliance must be answered yes Type of Charging Station(s) Proposed Power Levels (proposed circuit rating) Check one Level 1 110/120 volt alternating current (VAC) at 15 or 20 Amps ☐ Level 2 ‐ 3.3 kilowatt (kW) (low) 208/240 VAC at 20 or 30 Amps ☐ Level 2 – 6.6kW (medium) 208/240 VAC at 40 Amps ☐ Level 2 – 9.6kW (high) 208/240 VAC at 50 Amps ☐ Level 2 – 19.2kW (highest) 208/240 VAC at 100 Amps ☐ Other (provide detail): Provide rating:_ ☐ PERMIT APPLICATION A. Is the application complete with the following information: Project address, parcel #, builder/owner name, contractor name, valid contractor’s license #, phone numbers, etc.? ☐Y ☐N B. Does the application include EVCS manufacturer's specs and installation guidelines? ☐Y ☐N ELECTRIC LOAD CALCULATION WORKSHEET A. Is an electrical load calculation worksheet included? (CEC 220) ☐Y ☐N B. Based on the load calculation worksheet, is a new electrical service panel upgrade required? ☐Y ☐N 1)If yes, do plans include the electrical service panel upgrade?☐Y ☐N C. Is the charging circuit appropriately sized for a continuous load? (125%) (CEC 210.20) ☐Y ☐N D. If charging equipment proposed is a Level 2 – 9.6 kW station with a circuit rating of 50 Amps or higher, is a completed circuit card with electrical calculations included with the single line diagram? ☐Y ☐N SITE PLAN & SINGLE LINE DRAWING A. Is a site plan and electrical plan with a single‐line diagram included with the permit application? ☐Y ☐N 1)If mechanical ventilation requirements are triggered for indoor venting requirements (CEC 625.52), is a mechanical plan included with the permit application? ☐Y ☐N B. Is the site plan fully dimensioned and drawn to scale? ☐Y ☐N 1)Showing location, size, and use of all structures ☐Y ☐N 2)Showing location of electrical panel to charging system ☐Y ☐N 3)Showing type of charging system and mounting ☐Y ☐N COMPLIANCE WITH 2019 CALIFORNIA ELECTRICAL CODE (TITLE 24, PART 3) A. Does the plan include EVCS manufacturer's specs and installation guidelines? ☐Y ☐N B. Does the electrical plan identify the amperage and location of existing electrical service panel? ☐Y ☐N 1)If yes, does the existing panel schedule show room for additional breakers?☐Y ☐N C. Is the charging unit rated more than 60 amps or more than 150V to ground? ☐Y ☐N 1) If yes, are disconnecting means provided in a readily accessible location in line of site and within 50’ of EVCS? (CEC 625.43) ☐Y ☐N D. Does the charging equipment have a Nationally Recognized Testing Laboratory (NRTL) approved listing Mark? (UL 2202/UL 2200) ☐Y ☐N E. If trenching is required, is the trenching detail called out? ☐Y ☐N 1)Is the trenching in compliance with electrical feeder requirements from structure to structure? (CEC 225)☐Y ☐N 2)Is the trenching in compliance with minimum cover requirements for wiring methods or circuits? (18” for direct burial per CEC 300) ☐Y ☐N Contra Costa County Department of Conservation and Development 30 Muir Road, Martinez, CA Office: (925) 674-7200 Fax: (925) 674-7244 Eligibility Checklist for Expedited Electric Vehicle Charging Station Multi‐Unit Dwelling Permitting In order for your application to be eligible for expedited EVCS processing, all questions requiring code compliance must be answered yes Type of Charging Station(s) Proposed Power Levels (proposed circuit rating) Check one Level 1 110/120 volt alternating current (VAC) at 15 or 20 Amps ☐ Level 2 ‐ 3.3 kilowatt (kW) (low) 208/240 VAC at 20 or 30 Amps ☐ Level 2 – 6.6kW (medium) 208/240 VAC at 40 Amps ☐ Level 2 – 9.6kW (high) 208/240 VAC at 50 Amps ☐ Level 2 – 19.2kW (highest) 208/240 VAC at 100 Amps ☐ Other (provide detail): Provide rating:_ ☐ PERMIT APPLICATION A. Is the application complete with the following information: Project address, parcel #, builder/owner name, contractor name, valid contractor’s license #, phone numbers, etc.? ☐Y ☐N B. Does the application include EVCS manufacturer's specs and installation guidelines? ☐Y ☐N ELECTRIC LOAD CALCULATION WORKSHEET A. Is an electrical load calculation worksheet included? (CEC 220) ☐Y ☐N B. Based on the load calculation worksheet, is a new electrical service panel upgrade required? ☐Y ☐N 1)If yes, do plans include the electrical service panel upgrade?☐Y ☐N C. Is the charging circuit appropriately sized for a continuous load? (125%) (CEC 210.20) ☐Y ☐N D. If charging equipment proposed is a Level 2 – 9.6 kW station with a circuit rating of 50 Amps or higher, is a completed circuit card with electrical calculations included with the single line diagram? ☐Y ☐N SITE PLAN & SINGLE LINE DRAWING A. Is a site plan and electrical plan with a single‐line diagram included with the permit application? ☐Y ☐N 1)If mechanical ventilation requirements are triggered for indoor venting requirements (CEC 625.52), is a mechanical plan included with the permit application? ☐Y ☐N B. Is the site plan fully dimensioned and drawn to scale? ☐Y ☐N 1)Showing location, size, and use of all structures ☐Y ☐N 2)Showing location of electrical panel to charging system ☐Y ☐N 3)Showing type of charging system and mounting ☐Y ☐N 4)Showing accessible space(s) and route(s) per CBC sections 11B-228.3 and 11B-812?☐Y ☐N COMPLIANCE WITH 2019 CALIFORNIA ELECTRICAL CODE (TITLE 24, PART 3) A. Does the plan include EVCS manufacturer's specs and installation guidelines? ☐Y ☐N B. Does the electrical plan identify the amperage and location of existing electrical service panel? ☐Y ☐N 1)If yes, does the existing panel schedule show room for additional breakers?☐Y ☐N C. Is the charging unit rated more than 60 amps or more than 150V to ground? ☐Y ☐N 1) If yes, are disconnecting means provided in a readily accessible location in line of site and within 50’ of EVCS? (CEC 625.43) ☐Y ☐N D. Does the charging equipment have a Nationally Recognized Testing Laboratory (NRTL) approved listing Mark? (UL 2202/UL 2200) ☐Y ☐N E. If trenching is required, is the trenching detail called out? ☐Y ☐N 1)Is the trenching in compliance with electrical feeder requirements from structure to structure? (CEC 225)☐Y ☐N 2)Is the trenching in compliance with minimum cover requirements for wiring methods or circuits? (18” for direct burial per CEC 300) ☐Y ☐N Contra Costa County Department of Conservation and Development 30 Muir Road, Martinez, CA Office: (925) 674-7200 Fax: (925) 674-7244 Eligibility Checklist for Expedited Electric Vehicle Charging Station Non-Residential Permitting In order for your application to be eligible for expedited EVCS processing, all questions requiring code compliance must be answered yes Type of Charging Station(s) Proposed Power Levels (proposed circuit rating) Check one Level 1 110/120 volt alternating current (VAC ) at 15 or 20 Amps Commercial/Office Building ☐ Level 2 – 3.3 kilowatt (kW) (Low) 208/240 VAC at 20 or 30 Amps Multi‐Unit dwelling ☐ Level 2 – 6.6 kW (medium) 208/240 VAC at 40 Amps Commercial Office Building ☐ Level 2 – 9.6 kW (high) 208/240 VAC at 50 Amps Public Access ☐ Level 2 – 19.2 kW (highest) 208/240 VAC at 100 Amps ☐ DC Fast Charging 440 or 480 VAC Public Access/Large Com. Office Building or parks Hospitality & Recreation ☐ Other (Provide Detail): Provide Ratings: ☐ PERMIT APPLICATION A. Is the application complete with the following information: Project address, parcel #, builder/owner name, contractor name, valid contractor’s license #, phone numbers, etc.? ☐Y ☐N B. Does the application include EVCS manufacturer's specs and installation guidelines? ☐Y ☐N ELECTRIC LOAD CALCULATION WORKSHEET A. Is an electrical load calculation worksheet included? (CEC 220) ☐Y ☐N B. Based on the load calculation worksheet, is a new electrical service panel upgrade required? ☐Y ☐N 1)If yes, do plans include the electrical service panel upgrade?☐Y ☐N C. Is the charging circuit appropriately sized for a continuous load? (125%) (CEC 210.20) ☐Y ☐N D. If charging equipment proposed is a Level 2 – 9.6 kW station with a circuit rating of 50 Amps or higher, is a completed circuit card with electrical calculations included with the single line diagram? ☐Y ☐N SITE PLAN & SINGLE LINE DRAWING A. Is a site plan and electrical plan with a single‐line diagram included with the permit application? ☐Y ☐N 1)If mechanical ventilation requirements are triggered for indoor venting requirements (CEC 625.52), is a mechanical plan included with the permit application? ☐Y ☐N B. Is the site plan fully dimensioned and drawn to scale? ☐Y ☐N 1)Showing location, size, and use of all structures ☐Y ☐N 2)Showing location of electrical panel to charging system ☐Y ☐N 3)Showing type of charging system and mounting ☐Y ☐N 4)Showing accessible space(s) and route(s) per CBC sections 11B-228.3 and 11B-812?☐Y ☐N COMPLIANCE WITH 2019 CALIFORNIA ELECTRICAL CODE (TITLE 24, PART 3) A. Does the plan include EVCS manufacturer's specs and installation guidelines? ☐Y ☐N B. Does the electrical plan identify the amperage and location of existing electrical service panel? ☐Y ☐N 1)If yes, does the existing panel schedule show room for additional breakers?☐Y ☐N C. Is the charging unit rated more than 60 amps or more than 150V to ground? ☐Y ☐N 1) If yes, are disconnecting means provided in a readily accessible location in line of site and within 50’ of EVCS? (CEC 625.43) ☐Y ☐N D. Does the charging equipment have a Nationally Recognized Testing Laboratory (NRTL) approved listing Mark? (UL 2202/UL 2200) ☐Y ☐N E. If trenching is required, is the trenching detail called out? ☐Y ☐N 1)Is the trenching in compliance with electrical feeder requirements from structure to structure? (CEC 225)☐Y ☐N 2) Is the trenching in compliance with minimum cover requirements for wiring methods or circuits? (18” for direct burial per CEC 300) ☐Y ☐N RECOMMENDATION(S): ADOPT Ordinance No. 2019-35, authorizing the Public Works Director, until January 1, 2025, to acquire real property if the purchase price does not exceed $100,000, Countywide. FISCAL IMPACT: No fiscal impact. BACKGROUND: Government Code Section 25350.60 authorizes the board of supervisors of a county to authorize, by ordinance, a county officer to perform any and all acts necessary to approve and accept for the county the acquisition of any interest in real property, provided the authorization specifies procedures for the exercise of the authority and establishes a dollar limit on any purchase price. Government Code Section 25350.60(c) specifies that the authority granted by ordinance under Government Code Section 25350.60 may not be effective for more than five years. On December 16, 2014, the Board of Supervisors adopted Ordinance No. 2014-18, which amended section 1108-8.002 of the Ordinance Code to authorize the Public Works Director, or designee, to acquire APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Jessica Dillingham, 925. 957-2453 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 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:Brian M. Balbas, Public Works Director/Chief Engineer Date:December 17, 2019 Contra Costa County Subject:ADOPT Ordinance No. 2019-35, authorizing the Public Works Director to approve certain real property purchases, Countywide. BACKGROUND: (CONT'D) any interest in real property if the purchase price does not exceed one hundred thousand dollars ($100,000). In accordance with Government Code section 25350.60, Ordinance Code section 1108-8.002 will expire January 1, 2020, unless renewed by the Board. The attached Ordinance No. 2019-35 amends Ordinance Code section 1108-8.002 to authorize the Public Works Director, until January 1, 2025, to acquire any interest in real property where the purchase price of the property does not exceed $100,000. CONSEQUENCE OF NEGATIVE ACTION: Ordinance Code section 1108-8.002 will expire. AGENDA ATTACHMENTS Ordinance No. 2019-35 MINUTES ATTACHMENTS Signed Ordinance No. 2019-35 RECOMMENDATION(S): 1. RATIFY Rodeo-Hercules Fire Protection District Ordinance No. 2019-01 with attached modifications, implementing the 2019 California Fire Code with local amendments in the unincorporated portion of the District's service area. 2. DIRECT the Clerk of the Board of Supervisors to provide a certified copy of this Board Order to the Rodeo-Hercules Fire Protection District within 15 days of this ratification, pursuant to Health and Safety Code section 13869.7. FISCAL IMPACT: None. BACKGROUND: The Board of Directors of the Rodeo-Hercules Fire Protection District has adopted Ordinance No. 2019-01, adopting the 2019 California Fire Code, with local amendments. The Board of Directors also adopted findings in support of local amendments contained in the ordinance. The District has requested that the Board of Supervisors ratify the District's adoption of the ordinance so that the District can implement the 2019 Fire Code, with local amendments, in the unincorporated portion of the District's service area. Ratification by the Board of Supervisors is required by State law for the District's code adoption APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: December 17, 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:John Kopchik, Director, Conservation & Development Department Date:December 17, 2019 Contra Costa County Subject:Ratify Rodeo-Hercules Fire Protection District Ordinance No. 2019-01, Implementing the 2019 California Fire Code with local amendments. BACKGROUND: (CONT'D) ordinance to be effective in the unincorporated portion of the District's service area. This Board Order modifies the District's ordinance by providing for the retention of the Board of Supervisor's discretion for final County approval of entitlements, completion of development improvements, and issuance of County stop work orders within the unincorporated area of the County. CONSEQUENCE OF NEGATIVE ACTION: If the Board of Supervisors does not approve the recommended actions, the Rodeo-Hercules Fire Protection District will not be able to implement District Ordinance No 2019-01 within the unincorporated portion of the District's service area. ATTACHMENTS RHFPD Fire Code Adoption Ordinance No. 2019-01 RHFPD Modifications to 2019 Fire Code Ordinance No. 2019-01 RHFPD 2019 Code Adoption Findings CONTRA COSTA COUNTY MODIFICATIONS TO RODEO-HERCULES FIRE PROTECTION DISTRICT ORDINANCE NO. 2019-01 1. § 102 – Applicability. This section is modified to clarify that it does not mandate the performance or non-performance of any act by the County and its planning agency, officers, and employees, and to clarify that the District has no legal authority to prescribe the governmental discretion and actions of the County and its officers and employees. County staff is hereby directed to cooperate to the greatest reasonable extent (subject to applicable County and State rules and regulations) with the District concerning the subjects of this section and Ordinance No. 2019-01. 2. § 112 – Stop Orders. This section as modified and clarified does not mandate the county building inspector or other County official or agency to issue any stop work orders or to perform or not perform any act, and with this clarification is the same as § 102 above. 3. § 503 – Fire Apparatus Access Roads. This section is modified to clarify that nothing in it shall prevent the County from legislating, taking administrative action, and/or occupying this area of regulation to the extent allowed by law. This modification is made to retain the County’s ability to require uniform unincorporated area regulations such as public road improvements, widths, and access. 4. § 505 – Premises Identification. This section is modified to clarify that the County fully retains its authority pursuant to law to determine unincorporated area street names and addresses. 5. § 507 – Fire Protection Water Supplies. This section is modified in the same manner as § 503 except limited to the reservation of County discretion involving the provision of water for domestic use. 6. Section 3 – Repeal of Fire Code. This section is modified to clarify that Ordinance No. 2019-01 supersedes Contra Costa County Ordinance No. 2019-37 only with respect to those portions of the District located within the unincorporated area of Contra Costa County. 7. Section 5 - More Restrictive Requirements. This section is modified to clarify that nothing in it shall prevent the County from legislating in and/or occupying an area of regulation as hereinabove provided or otherwise allowed by law. In part, this modification is made to retain the County’s ability to require uniform unincorporated area regulations. 8. Modified Ordinance Ratification. In ratifying Ordinance No. 2019-01, the Board of Supervisors has not reviewed and passed upon any “Findings of Necessity” that may have been prepared by the District, nor has it reviewed and passed upon the scope of the District’s Health and Safety Code regulatory authority. 9. Enforcement. The Chief of the Rodeo-Hercules Fire Protection District is authorized to enforce Rodeo-Hercules Fire Protection District Ordinance No. 2019-01 within those portions of the District located within the unincorporated area of Contra Costa County. (Health and Saf. Code, § 13869.7(h)(1)(A).) H:\Client Matters\2019\DCD\Modifications to RHFPD 2019 Fire Code Ordinance.doc ' RODEO-HERCULES FIRE PROTECTION DISTRICT FINDING OF FACT AND NEED FOR CHANGES OR MODIFICATIONS IN THE 2019 CALIFORNIA BUILDING STANDARDS CODE, TITLE 24, PART 9, CALIFORNIA FIRE CODE, DUE TO LOCAL CONDITIONS Changes or Modifications: Pursuant to Sections 17958 and 18941.5 of the California Health and Safety Code, the Board of the Rodeo-Hercules Fire Protection District in its ordinance adopting and amending · the 2019 California Building Standards Code, Title 24, Part 9, California Fire Code, changes, modifies, and amends Section 903. l through Section 914.11. Under the adoption of the 2019 California Fire Code, specific amendments have been established which are more restrictive in nature than those adopted by the State of California and the State Fire Marshal. Findings: Pursuant to Sections 17958.5, 17958.7 and 18941.5 of the State of California Health and Safety Code, the Board of the Rodeo-Hercules Fire Protection District has determined and finds that the attached changes or modifications are needed and are reasonably necessary because of local climatic, geologic and topographic conditions. Local Conditions: Local conditions have an adverse effect on the prevention of (1) major loss fires (2) major earthquake damage, and (3) the potential for life and property loss, making necessary changes or modifications to the California Fire Code and the State Buildings Standards Code in order to provide a reasonable degree of property security and fire and life safety in1his Fire District. The local amendments to the California Fire Code, 2019 Edition, have been evaluated by the Fire District as a procedure for addressing the fire hazards and concerns within the Fire District which will establish and maintain an environment for a high level of risk of fire and life safety to all persons who work and live within the Fire District boundaries. Below are listed adverse, local climatic (See No.1), geologic (See No. 2) and topographic (See No. 3) conditions: 1. Climatic a. Precipitation Precipitation ranges from 15 to 24 inches per year with an average of approximately 20 inches per year. Ninety-six (96) % falls during the month of October through April and four (4) % from May through September. This is a dry period of at least five (5) months each year. Additionally, the area is subject to occasional drought. · b. Relative Humidity Humidity remains in the middle range most of the time. It ranges from forty-five (45) to sixty-five (65) percent during spring, summer, fall, and from sixty (60) to ninety (90) percent in the winter. During late winter and summer months it drops to twenty (20) percent and occasionally drops lower. - c. Temperatures Temperatures have been recorded as high as 105 degrees F. Average summer highs are in the 75 to 95-degree range. d. Winds Prevailing winds are from the northwest. However, winds are experienced from virtually every direction at one time or another. Velocities are generally in the five (5) to twenty-three (23) mph range, gusting seven (7) to thirty-five (35) mph during the summer months. Forty (40) mph winds are experienced occasionally and winds up to fifty-five (55) mph have been experienced. During the winter months strong, dry, gusty winds move through the area for several days creating extremely dry conditions. e. Impact The local climatic conditions affect the acceleration, intensity, and size of fire in the community. Times of little or no rainfall, of low humidity and high temperatures create extremely hazardous conditions, particularly as they relate to wood shake and shingle roof fires and conflagrations. The winds experienced in this area can and do have a tremendous impact upon structure fires or buildings in close proximity to one another, commonly found in the Town of Rodeo and City of Hercules. During wood shake and shingle roof fires, winds can carry sparks and burning brands to other structures, thus spreading fires and causing conflagrations. In building fires, winds can literally force fire back into the building and can create a blowtorch-like effect as well as preventing "natural" ventilation and cross-ventilation efforts. Fires involving non -irrigated weeds, grass and brush can grow in magnitude and be quickly fanned to intensity beyond the control capabilities of the Fire District, even in moderate winds. National statistics frequently cite wind conditions, such as those experienced locally as a major factor where conflagrations have occurred. 2. Geologic and Geographic a. Geographic Location The fire environment of a community is primarily a combination of two factors: the area's physical geographic characteristics and the historic pattern of urban- suburban development. These two factors, alone and combined, create a mixture of environments that ultimately determines the area's fire protection needs. The basic geographical boundaries of the District include San Pablo Bay to the northwest, Pinole Ridge to the south, Franklin Canyon and Franklin Ridge to the east and Pinole Creek to the west. Because of the size of the Rodeo-Hercules Fire District (26 square miles) the characteristics of the fire environment changes from one location to the next. Therefore, the District has not one, but a number of fire environments, each of which has its individual fire protection needs, from a major oil refinery to urban wildland interface to freeways, rail lines, waterways and urban town settings. The service area of the Rodeo-Hercules Fire District has a varied topography and vegetative cover. A conglomeration of bay plains, hills and ridges makes up the terrain. Development has occurred on the flat lands in the central portion of the District. However, over the last fifteen (15) years, development has spread into the surrounding hills and the smaller valleys and canyons with planned growth extending well into the wildland interface. b. Geological Location. Rodeo-Hercules Fire District is located in Contra Costa County and Seismic Risk Zone 4, which is the worst earthquake area in the United States. Buildings and other structures in Zone 4 can experience major seismic damage. Rodeo and Herc ules are in close proximity to numerous earthquake faults including the San Andreas Fault, Hayward Fault, Calaveras Fault, Rogers Creek Fault, Concord Fault and other lesser faults. The Concord Fault has a potential for a Richter 6 earthquake and the Hayward and Calaveras Faults have the potential for a Richter 7 or greater earthquake. Major tremblers from seismic activity are not unknown in the area. Interstate 80 runs through the District and State Route 4 runs through one half. Two major rail lines, Burlington Northern Santa Fe (BNSF) and Southern Pacific (SP) runs through the District. Interstate 80 and the BNSF Railroads divide the District by north and south, east and west. An overpass or under crossing collapse would significantly alter the response route and time for responding emergen cy equipment. This is due to the limited crossings of the interstate and rail lines either at grade or elevated. Earthquakes of the magnitude experienced locally can cause major damage to electrical transmission lines and facilities and any one of the numerous natural gas, gasoline, jet fuel, fuel oil, crude oil and hydrogen transmission pipelines within the District. Damage to these facilities could start fires throughout the District. The occurrence of multiple fires will quickly deplete Fire District resources, thereby reducing and/or delaying response to any given fire or emergency. c. Size and Population The Rodeo-Hercules Fire Protection District covers twenty-six (26) square miles including a population of 33,000 which is expected to increase to 40,000 within the next five (5) to ten (10) years. Within the Fire Protection District are two (2) fire stations and a total of twenty-one (21) full time personnel. The Fire Protection District handles diverse responsibilities including refineries, urban, urban wildland, freeway, rail and medical. d. Roads and Streets Single access points generally service developments with emergency vehicle -only access strategically located. Roads in excess of 15% grade serve older portions of Rodeo. Several roads within Hercules exceed a 15% grade. The roadway system within the Fire District is for the most part a grid or loop system. Roadways with less than twenty (20) feet unobstructed paved surface, with a dead end longer than one hundred fifty (150) feet, a cul-de-sac diameter less than sixty-eight (68) feet or grade of more than fifteen (15) % are considered hazardous in terms of fire access and protection. A large number of roadways within the District fall into one of the above categories. 3. Topographic a. Conditions The District's service area is a conglomeration of bay plains, hills, valleys and ridges. The flatter lands are found in the central portion of Rodeo and newly developed Waterfront District of Hercules. Only a small portion of the urban and suburbanized areas is on relatively flat lands (0 - 5% slope). The majority of residential development is on hillsides with slopes ranging from 15 - 30% and 30% +. A large portion of the eastern District is designated agricultural or preserve. Elevations are varied in the District, from downtown Rodeo and the Waterfront District of Hercules at five (5) to ten (10) feet above sea level to Indian Peak at 891 feet. Correspondingly, there is much diversity in slope percentages. Pinole Ridge has slopes from 20 - 75%; Franklin Ridge 30 - 70%; Franklin Canyon 20 - 80% and Ohlone Canyon 20 - 85%. Slope is an important factor in fire spread. As a basic rule of thumb, the rate of spread will double as the slope percentage doubles, all other factors remaining the same. 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 gate s and roads of inadequate width and grades that are too steep for Fire District vehicles adversely affect fire suppression efforts. b. Vegetation Rodeo and Hercules’ semi-arid Mediterranean-type climate produces vegetation similar to most of Contra Costa County, with locally specific growth as a result of topography and prevailing winds. The south-facing exposure is primarily rye grass with occasional clumps of bay and oak trees in the more sheltered pockets. The north-facing slopes are heavily wooded from the lower elevations to the ridges with oak and bay trees and minor shrubs of the general chaparral class. Several large stands of non-native mature eucalyptus trees are found at lower elevations and in all cases are surrounded by development. Expansion of the residential community into areas of heavier vegetation has resulted in homes existing in close proximity to dense natural foliage. Often such dwellings are completely surrounded by highly combustible vegetation compounding the fire problem from a conflagration point of view. Approximately half of all the residential structures in the District have shingle or shake roofs. This very flammable material is susceptible to ignition by embers from a wildland fire, furthering the spread of fire to adjacent buildings. c. Impact The above-mentioned local geographic and topographical conditions increase the magnitude, exposure, accessibility problems and fire hazards presented to the Rodeo-Hercules Fire Protection District. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. Approximately 50% of all dwellings in the District have wood shingle roofs. Oil refinery and utilities located within the District and within the Seismic Risk Zone 4 pose the largest single risk. The largest concentrations of hazardous material are found here. Hazardous materials, particularly toxic gases, could pose the greatest threat to the largest number of people should a significant seismic event occur. The District's resources would have to be prioritized to mitigate the greatest threat, and may likely be unavailable for smaller single-dwelling or structure fires and emergencies. Other variables may tend to intensify the situation: 1) The extent of damage to the water system; 2) The extent of isolation due to bridge, freeways overpass and rail trestle collapse; 3) The extent of roadway damage and/or amount of debris blocking roadways; 4) Climatic conditions (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 wood shingle roof coverings could result in conflagrations; 8) The large number of dwellings that slip off their foundations and rupture gas lines resulting in further conflagrations Conclusion Local climatic, geographic and topographic conditions impact fire prevention efforts and the frequency, spread, acceleration, intensity and size of fi re involving buildings in this community. Further, they impact potential damage to all structures from earthquakes and subsequent fires. Therefore, it is found to be reasonably necessary that the 2013 California Fire Code and the State Building Standards Code be changed or modified to mitigate the effects of the above conditions. Furthermore, California Health and Safet y Code Section 17958.7 requires that the modification or change be expressly marked and identified as to which each finding refers. Therefore, the Rodeo-Hercules Fire Protection District finds that the following table provides code sections that have been modified pursuant to Ordinance 2014 -1 which are building standards as defined in Health and Safety Code Section 18909, and the associated referenced conditions for modification due to local climatic, geologic and topographical reasons. Section Number Local climatic, geological, and topographical 903 la, lb, ld, 2a, 2b, 3 RECOMMENDATION(S): ACCEPT the resignation of the following individual effective January 7, 2020, DECLARE a vacancy in the District II Seat on the Family and Children's Trust Committee, and DIRECT the Clerk of the Board to post the vacancy, for a term with an expiration date of September 30, 2021, as recommended by Supervisor Candace Andersen: Julia Miner Danville, CA 94526 FISCAL IMPACT: NONE BACKGROUND: In 1982 the Board of Supervisors established the Family and Children's Trust (FACT) Committee to make recommendations regarding the allocation of funds for the prevention and intervention services to reduce child abuse and neglect, provide support services for families with children, and promote a more coordinated seamless system of services. In addressing the needs APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Jill Ray, 925-957-8860 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: District 2 Supervisor, Maddy Book, FACT, Appointee C. 12 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:December 17, 2019 Contra Costa County Subject:RESIGNATION FROM THE FAMILY AND CHILDREN'S TRUST COMMITTEE BACKGROUND: (CONT'D) of the community focusing on prevention and intervention services to reduce child abuse and neglect, FACT maintains a committee comprised of individuals with diverse knowledge, backgrounds, and community perspectives regarding community needs to serve families with children. Ms. Miner is moving from the area and will no longer be able to participate with the FACT Committee. CONSEQUENCE OF NEGATIVE ACTION: The seat will remain filled, without the benefit of a member present. CHILDREN'S IMPACT STATEMENT: NONE RECOMMENDATION(S): ACKNOWLEDGE receipt of the preference forms for Board of Supervisors appointments to 2020 committees, boards and commissions, to the incoming Chair of the Board. FISCAL IMPACT: None BACKGROUND: Rules of Procedures for Board of Supervisor meetings, Resolution 2019/500, Section 6.1 states that on of before December 1 of each year, on a form provided by the Clerk of the Board, each Board member will submit their individual preferences for appointment to committees, boards and commissions to the Clerk of the Board. During the month of December, the Clerk of the Board will ask the Board to acknowledge receipt of the preference forms as a Board action item on a public agenda. This ensures transparency for the public and the Board Chair. Attached to this board order are the preference forms that were submitted. CONSEQUENCE OF NEGATIVE ACTION: Receipt of preference forms will not be acknowledged on a public meeting agenda. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: 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: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 13 To:Board of Supervisors From:David Twa, County Administrator Date:December 17, 2019 Contra Costa County Subject:2020 Committee Assignments ATTACHMENTS Received Preference Sheets District I Supervisor Gioia Type*Committee Name Appointee Term Expiration New Term Expiration Preference 1 Preference 2 Stipend Information I Airport Committee, Chair Diane Burgis 12/31/2019 12/31/2020 NO STIPEND I Airport Committee, Vice Chair Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND I Family & Human Services Committee, Chair Candace Andersen 12/31/2019 12/31/2020 NO STIPEND I Family & Human Services Committee, Vice Chair John Gioia 12/31/2019 12/31/2020 X NO STIPEND I Finance Committee, Chair Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND I Finance Committee, Vice Chair John Gioia 12/31/2019 12/31/2020 X NO STIPEND I Hiring Outreach & Oversight Committee, Chair Federal Glover 12/31/2019 12/31/2020 NO STIPEND I Hiring Outreach & Oversight Committee, Vice-Chair Candace Andersen 12/31/2019 12/31/2020 NO STIPEND I Internal Operations Committee, Chair Diane Burgis 12/31/2019 12/31/2020 NO STIPEND I Internal Operations Committee, Vice Chair Candace Andersen 12/31/2019 12/31/2020 NO STIPEND I Legislation Committee, Chair Diane Burgis 12/31/2019 12/31/2020 NO STIPEND I Legislation Committee, Vice Chair Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND I Public Protection, Chair John Gioia 12/31/2019 12/31/2020 X NO STIPEND I Public Protection, Vice Chair Federal Glover 12/31/2019 12/31/2020 NO STIPEND I Sustainability Committee, Chair John Gioia 12/31/2019 12/31/2020 X NO STIPEND I Sustainability Committee, Vice Chair Federal Glover 12/31/2019 12/31/2020 NO STIPEND I Transportation, Water & Infrastructure Committee, Chair Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND I Transportation, Water & Infrastructure Committee, Vice Chair Candace Andersen 12/31/2019 12/31/2020 NO STIPEND II Bay Area Counties Caucus Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND II Bay Area Counties Caucus, Alternate Candace Andersen 12/31/2019 12/31/2020 NO STIPEND II Bay Area Regional Interoperable Communications System (BayRICS) Authority Mike Casten 12/31/2019 12/31/2020 NO STIPEND II BayRICS Authority, Alternate Elise Warren 12/31/2019 12/31/2020 NO STIPEND II California Identification System Remote Access Network Board (Cal-ID RAN Board)Diane Burgis 12/31/2019 12/31/2020 NO STIPEND II Central Contra Costa Solid Waste Authority Candace Andersen Unspecified Unspecified STIPEND of $50/meeting; max of 2 paid/month II Central Contra Costa Solid Waste Authority Karen Mitchoff Unspecified Unspecified STIPEND of $50/meeting; max of 2 paid/month II Contra Costa Health Plan Joint Conference Committee Diane Burgis 12/31/2019 12/31/2020 NO STIPEND II Contra Costa Health Plan Joint Conference Committee Federal Glover 12/31/2019 12/31/2020 NO STIPEND II Dougherty Valley Oversight Committee Diane Burgis 12/31/2019 12/31/2020 NO STIPEND II Dougherty Valley Oversight Committee Candace Andersen 12/31/2019 12/31/2020 NO STIPEND II East Bay Regional Communication System (EBRCS) Authority Governing Board Candace Andersen 12/31/2019 12/31/2020 NO STIPEND II East Bay Regional Communication System (EBRCS) Authority Governing Board, Alternate Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND II East Contra Costa County Habitat Conservancy, Governing Board Diane Burgis 12/31/2019 12/31/2020 NO STIPEND II East Contra Costa County Habitat Conservancy, Governing Board, Alternate Federal Glover 12/31/2019 12/31/2020 NO STIPEND Page 1 District I Supervisor Gioia II East Contra Costa Regional Fee & Finance Authority Diane Burgis 12/31/2019 12/31/2020 NO STIPEND II East Contra Costa Regional Fee & Finance Authority, Alternate Federal Glover 12/31/2019 12/31/2020 NO STIPEND II eBART (Bay Area Rapid Transit) Partnership Policy Advisory Committee Federal Glover 12/31/2019 12/31/2020 NO STIPEND II eBART (Bay Area Rapid Transit) Partnership Policy Advisory Committee Diane Burgis 12/31/2019 12/31/2020 NO STIPEND II First 5 Children and Families Commission Alternate Member Candace Andersen 12/31/2019 12/31/2020 NO STIPEND II First 5 Children and Families Commission Member Diane Burgis 12/31/2019 12/31/2020 NO STIPEND II Hazardous Waste Management Facility Allocation Committee Candace Andersen Unspecified Unspecified STIPEND of $150 per meeting. II Hazardous Waste Management Facility Allocation Committee, Alternate Karen Mitchoff Unspecified Unspecified STIPEND of $150 per meeting. II Kensington Solid Waste Committee Alternate Kate Rauch 12/31/2019 12/31/2020 NO STIPEND II Kensington Solid Waste Committee Member John Gioia 12/31/2019 12/31/2020 NO STIPEND II Medical Services Joint Conference Committee, Chair Federal Glover 12/31/2019 12/31/2020 NO STIPEND II Medical Services Joint Conference Committee, Vice Chair John Gioia 12/31/2019 12/31/2020 X NO STIPEND II North Richmond Waste and Recovery Mitigation Fee Committee John Gioia 12/31/2019 12/31/2020 NO STIPEND II North Richmond Waste and Recovery Mitigation Fee Committee, Alternate Robert Rogers 12/31/2019 12/31/2020 NO STIPEND II Open Space/Parks & East Bay Regional Parks District Liaison Committee, Chair Diane Burgis 12/31/2019 12/31/2020 NO STIPEND II Open Space/Parks & East Bay Regional Parks District Liaison Committee, Vice Chair Federal Glover 12/31/2019 12/31/2020 NO STIPEND II Pleasant Hill BART/Contra Costa Centre Joint Powers Authority Board of Trustees Karen Mitchoff Unspecified Unspecified NO STIPEND II Pleasant Hill BART/Contra Costa Centre Joint Powers Authority Board of Trustees Candace Andersen Unspecified Unspecified NO STIPEND II State Route 4 Bypass Authority Diane Burgis 12/31/2019 12/31/2020 NO STIPEND II State Route 4 Bypass Authority, Alternate Federal Glover 12/31/2019 12/31/2020 NO STIPEND II SWAT (Southwest Area Transportation Committee)Candace Andersen 12/31/2019 12/31/2020 NO STIPEND II SWAT, Alternate Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND II TRAFFIX (Measure J Traffic Congestion Relief Agency)Candace Andersen 12/31/2019 12/31/2020 NO STIPEND II TRAFFIX (Measure J Traffic Congestion Relief Agency), Alternate Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND II TRANSPAC (Central County Transportation Partnership and Cooperation)Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND II TRANSPAC, Alternate Candace Andersen 12/31/2019 12/31/2020 NO STIPEND II TRANSPLAN (East County Transportation Planning)Diane Burgis 12/31/2019 12/31/2020 NO STIPEND II TRANSPLAN, Alternate Federal Glover 12/31/2019 12/31/2020 NO STIPEND II Tri-Valley Transportation Council Candace Andersen 12/31/2019 12/31/2020 NO STIPEND II Urban Counties of California Federal D. Glover 12/31/2019 12/31/2020 NO STIPEND II Urban Counties of California, Alternate Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND II WCCTAC (West County Transportation Advisory Committee)John Gioia 12/31/2019 12/31/2020 X NO STIPEND II WCCTAC, Alternate Federal Glover 12/31/2019 12/31/2020 NO STIPEND Page 2 District I Supervisor Gioia II West Contra Costa Integrated Waste Management Authority John Gioia Unspecified Unspecified X STIPEND of $50 per meeting. II West Contra Costa Integrated Waste Management Authority, Alternate Federal Glover Unspecified Unspecified STIPEND of $50 per meeting. III Bay Area Air Quality Management District Board of Directors Karen Mitchoff 1/20/2020 1/20/2024 Per diem of $100/meeting + travel exp; max $6,000 III Contra Costa Transportation Authority Board of Commissioners (Seat 2)Karen Mitchoff 1/31/2020 1/31/2022 STIPEND of $100 per meeting; up to $400 month III Contra Costa Transportation Authority Board of Commissioners, Alternate (Seat 2)John Gioia 1/31/2020 1/31/2022 X STIPEND of $100 per meeting; up to $400 month III Local Agency Formation Commission, Alternate Diane Burgis 5/4/2020 5/6/2024 STIPEND of $150 per meeting. III Tri Delta Transit Authority, Board of Directors (Seat 2)Diane Burgis 12/31/2019 12/31/2021 STIPEND of $100/month III WCC Healtcare District Finance Committee Federal Glover 12/31/2019 Unspecified NO STIPEND III WCC Healtcare District Finance Committee John Gioia 12/31/2019 Unspecified NO STIPEND III CCTA, Community Based Transportation Steering Committee Federal Glover Unspecified Unspecified NO STIPEND IV ABAG Executive Board (Seat 1)Karen Mitchoff 6/30/2020 6/30/2022 STIPEND of $150 per meeting. IV ABAG Executive Board (Seat 2)Candace Andersen 6/30/2020 6/30/2022 STIPEND of $150 per meeting. IV ABAG Executive Board, Alternate 1 John Gioia 6/30/2020 6/30/2022 STIPEND of $150 per meeting. IV ABAG Executive Board, Alternate 2 Diane Burgis 6/30/2020 6/30/2022 STIPEND of $150 per meeting. IV ABAG Finance Authority for Nonprofit Corporations Board of Directors and its Executive Committee Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND IV ABAG Finance Authority for Nonprofit Corporations Board of Directors and its Executive Committee, First Alternate Candace Andersen 12/31/2019 12/31/2020 NO STIPEND IV ABAG Finance Authority for Nonprofit Corporations Board of Directors and its Executive Committee, Second Alternate Russell Watts 12/31/2019 12/31/2020 NO STIPEND IV ABAG General Assembly Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND IV ABAG General Assembly, Alternate Diane Burgis 12/31/2019 12/31/2020 NO STIPEND IV ABAG Regional Planning Committee Karen Mitchoff Unspecified Unspecified STIPEND of $150 per meeting. IV Bay Conservation & Development Commission John Gioia Unspecified Unspecified X STIPEND of $100 per meeting; max of 4 meetings. Page 3 District I Supervisor Gioia IV Bay Conservation & Development Commission, Alternate Federal Glover Unspecified Unspecified STIPEND of $100 per meeting; max of 4 meetings. IV CCCERA (Contra Costa County Employees Retirement Association) Board of Trustees Candace Andersen 6/30/2020 6/30/2023 STIPEND of $100 per meeting. IV Contra Costa Countywide Redevelopment Successor Agency Oversight Board Federal Glover Unspecified Unspecified NO STIPEND IV Contra Costa Countywide Redevelopment Successor Agency Oversight Board Karen Mitchoff Unspecified Unspecified NO STIPEND IV Delta Diablo Sanitation District Governing Board Federal Glover 12/31/2019 12/31/2020 STIPEND of $170 per meeting; max of 6 meetings. IV Delta Diablo Sanitation District Governing Board, Alternate Karen Mitchoff 12/31/2019 12/31/2020 STIPEND of $170 per meeting; max of 6 meetings. IV Delta Protection Commission Diane Burgis 12/31/2019 12/31/2020 NO STIPEND IV Delta Protection Commission, Alternate Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND IV Law Library Board of Trustees Nolan Armstrong 12/31/2019 12/31/2020 NO STIPEND IV Mental Health Commission Diane Burgis 12/31/2019 12/31/2020 NO STIPEND IV Mental Health Commission, Alternate Candace Andersen 12/31/2019 12/31/2020 NO STIPEND IV Sacramento-San Joaquin Delta Conservancy Board Karen Mitchoff Unspecified Unspecified NO STIPEND IV Sacramento-San Joaquin Delta Conservancy Board, Alternate Diane Burgis Unspecified Unspecified NO STIPEND V Childhood Asthma Ad Hoc Committee, Chair John Gioia Unspecified Unspecified NO STIPEND V Childhood Asthma Ad Hoc Committee, Vice Chair Federal Glover Unspecified Unspecified NO STIPEND V Industrial Safety Ordinance/Community Warning System Ad Hoc Committee John Gioia Unspecified Unspecified X NO STIPEND V Industrial Safety Ordinance/Community Warning System Ad Hoc Committee Federal Glover Unspecified Unspecified NO STIPEND V Northern Waterfront Economic Development Ad Hoc Committee Federal Glover Unspecified Unspecified NO STIPEND V Northern Waterfront Economic Development Ad Hoc Committee Diane Burgis Unspecified Unspecified NO STIPEND The Following Committees Should NOT be Reassigned II Contra Costa Family Justice Alliance Diane Burgis 12/31/2020 NO STIPEND II East County Water Management Association Diane Burgis 12/31/2020 STIPEND of $170/meeting; max 6 per month II East County Water Management Association, Alternate Federal Glover 12/31/2020 STIPEND of $170/meeting; max 6 per month III Bay Area Air Quality Management District Board of Directors John Gioia 6/17/2021 Per diem of $100/meeting + travel exp; max $6,000 Page 4 District I Supervisor Gioia III Central Contra Costa Transit Authority (CCCTA) Board of Directors Candace Andersen 5/1/2021 STIPEND of $100 per meeting; up to $200 month III Central Contra Costa Transit Authority (CCCTA) Board of Directors, Alternate Karen Mitchoff 5/1/2021 STIPEND of $100 per meeting; up to $200 month III Contra Costa Transportation Authority Board of Commissioners (Seat 1)Federal D. Glover 1/31/2021 STIPEND of $100 per meeting; up to $400 month III Contra Costa Transportation Authority Board of Commissioners, Alternate (Seat 1)Candace Andersen 1/31/2021 STIPEND of $100 per meeting; up to $400 month III Contra Costa Transportation Authority Board of Commissioners, Second Alternate (Seat 1)John Gioia 1/31/2021 STIPEND of $100 per meeting; up to $400 month III Contra Costa Transportation Authority Board of Commissioners, Third Alternate (Seat 1)Diane Burgis 1/31/2021 STIPEND of $100 per meeting; up to $400 month III Local Agency Formation Commission Candace Andersen 5/2/2022 STIPEND of $150 per meeting. III Local Agency Formation Commission Federal D. Glover 5/2/2022 STIPEND of $150 per meeting. III Marin Energy Authority (MCE) Board of Directors John Gioia 12/31/2020 NO STIPEND III Marin Energy Authority (MCE) Board of Directors, Alternate Federal Glover 12/31/2020 NO STIPEND III Metropolitan Transportation Commission Federal Glover 2/1/2023 STIPEND of $100/meeting; up to $500/month per agency. III Tri Delta Transit Authority, Board of Directors (Seat 1)Federal Glover 12/31/2020 STIPEND of $100/month IV CSAC (California State Association of Counties) Board of Directors John Gioia 11/30/2020 NO STIPEND IV CSAC Board of Directors, Alternate Karen Mitchoff 11/30/2020 NO STIPEND V Census 2020 , Vice Chair Candace Andersen 12/31/2020 NO STIPEND V Census 2020, Chair Diane Burgis 12/31/2020 NO STIPEND Page 5 District III Supervisor Burgis Type*Committee Name Appointee Term Expiration New Term Expiration Preference 1 Preference 2 Stipend Information I Airport Committee, Chair Diane Burgis 12/31/2019 12/31/2020 X NO STIPEND I Airport Committee, Vice Chair Karen Mitchoff 12/31/2019 12/31/2020 X NO STIPEND I Family & Human Services Committee, Chair Candace Andersen 12/31/2019 12/31/2020 NO STIPEND I Family & Human Services Committee, Vice Chair John Gioia 12/31/2019 12/31/2020 NO STIPEND I Finance Committee, Chair Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND I Finance Committee, Vice Chair John Gioia 12/31/2019 12/31/2020 NO STIPEND I Hiring Outreach & Oversight Committee, Chair Federal Glover 12/31/2019 12/31/2020 NO STIPEND I Hiring Outreach & Oversight Committee, Vice-Chair Candace Andersen 12/31/2019 12/31/2020 NO STIPEND I Internal Operations Committee, Chair Diane Burgis 12/31/2019 12/31/2020 X NO STIPEND I Internal Operations Committee, Vice Chair Candace Andersen 12/31/2019 12/31/2020 X NO STIPEND I Legislation Committee, Chair Diane Burgis 12/31/2019 12/31/2020 X NO STIPEND I Legislation Committee, Vice Chair Karen Mitchoff 12/31/2019 12/31/2020 X NO STIPEND I Public Protection, Chair John Gioia 12/31/2019 12/31/2020 NO STIPEND I Public Protection, Vice Chair Federal Glover 12/31/2019 12/31/2020 NO STIPEND I Sustainability Committee, Chair John Gioia 12/31/2019 12/31/2020 NO STIPEND I Sustainability Committee, Vice Chair Federal Glover 12/31/2019 12/31/2020 NO STIPEND I Transportation, Water & Infrastructure Committee, Chair Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND I Transportation, Water & Infrastructure Committee, Vice Chair Candace Andersen 12/31/2019 12/31/2020 NO STIPEND II Bay Area Counties Caucus Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND II Bay Area Counties Caucus, Alternate Candace Andersen 12/31/2019 12/31/2020 X NO STIPEND II Bay Area Regional Interoperable Communications System (BayRICS) Authority Mike Casten 12/31/2019 12/31/2020 NO STIPEND II BayRICS Authority, Alternate Elise Warren 12/31/2019 12/31/2020 NO STIPEND II California Identification System Remote Access Network Board (Cal-ID RAN Board)Diane Burgis 12/31/2019 12/31/2020 NO STIPEND II Central Contra Costa Solid Waste Authority Candace Andersen Unspecified Unspecified STIPEND of $50/meeting; max of 2 paid/month II Central Contra Costa Solid Waste Authority Karen Mitchoff Unspecified Unspecified STIPEND of $50/meeting; max of 2 paid/month II Contra Costa Health Plan Joint Conference Committee Diane Burgis 12/31/2019 12/31/2020 NO STIPEND II Contra Costa Health Plan Joint Conference Committee Federal Glover 12/31/2019 12/31/2020 NO STIPEND II Dougherty Valley Oversight Committee Diane Burgis 12/31/2019 12/31/2020 X NO STIPEND II Dougherty Valley Oversight Committee Candace Andersen 12/31/2019 12/31/2020 NO STIPEND II East Bay Regional Communication System (EBRCS) Authority Governing Board Candace Andersen 12/31/2019 12/31/2020 NO STIPEND II East Bay Regional Communication System (EBRCS) Authority Governing Board, Alternate Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND II East Contra Costa County Habitat Conservancy, Governing Board Diane Burgis 12/31/2019 12/31/2020 X NO STIPEND Page 6 District III Supervisor Burgis II East Contra Costa County Habitat Conservancy, Governing Board, Alternate Federal Glover 12/31/2019 12/31/2020 NO STIPEND II East Contra Costa Regional Fee & Finance Authority Diane Burgis 12/31/2019 12/31/2020 X NO STIPEND II East Contra Costa Regional Fee & Finance Authority, Alternate Federal Glover 12/31/2019 12/31/2020 X NO STIPEND II eBART (Bay Area Rapid Transit) Partnership Policy Advisory Committee Federal Glover 12/31/2019 12/31/2020 X NO STIPEND II eBART (Bay Area Rapid Transit) Partnership Policy Advisory Committee Diane Burgis 12/31/2019 12/31/2020 X NO STIPEND II First 5 Children and Families Commission Alternate Member Candace Andersen 12/31/2019 12/31/2020 X NO STIPEND II First 5 Children and Families Commission Member Diane Burgis 12/31/2019 12/31/2020 X NO STIPEND II Hazardous Waste Management Facility Allocation Committee Candace Andersen Unspecified Unspecified STIPEND of $150 per meeting. II Hazardous Waste Management Facility Allocation Committee, Alternate Karen Mitchoff Unspecified Unspecified STIPEND of $150 per meeting. II Kensington Solid Waste Committee Alternate Kate Rauch 12/31/2019 12/31/2020 NO STIPEND II Kensington Solid Waste Committee Member John Gioia 12/31/2019 12/31/2020 NO STIPEND II Medical Services Joint Conference Committee, Chair Federal Glover 12/31/2019 12/31/2020 NO STIPEND II Medical Services Joint Conference Committee, Vice Chair John Gioia 12/31/2019 12/31/2020 NO STIPEND II North Richmond Waste and Recovery Mitigation Fee Committee John Gioia 12/31/2019 12/31/2020 NO STIPEND II North Richmond Waste and Recovery Mitigation Fee Committee, Alternate Robert Rogers 12/31/2019 12/31/2020 NO STIPEND II Open Space/Parks & East Bay Regional Parks District Liaison Committee, Chair Diane Burgis 12/31/2019 12/31/2020 X NO STIPEND II Open Space/Parks & East Bay Regional Parks District Liaison Committee, Vice Chair Federal Glover 12/31/2019 12/31/2020 NO STIPEND II Pleasant Hill BART/Contra Costa Centre Joint Powers Authority Board of Trustees Karen Mitchoff Unspecified Unspecified NO STIPEND II Pleasant Hill BART/Contra Costa Centre Joint Powers Authority Board of Trustees Candace Andersen Unspecified Unspecified NO STIPEND II State Route 4 Bypass Authority Diane Burgis 12/31/2019 12/31/2020 X NO STIPEND II State Route 4 Bypass Authority, Alternate Federal Glover 12/31/2019 12/31/2020 X NO STIPEND II SWAT (Southwest Area Transportation Committee)Candace Andersen 12/31/2019 12/31/2020 NO STIPEND II SWAT, Alternate Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND II TRAFFIX (Measure J Traffic Congestion Relief Agency)Candace Andersen 12/31/2019 12/31/2020 NO STIPEND II TRAFFIX (Measure J Traffic Congestion Relief Agency), Alternate Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND II TRANSPAC (Central County Transportation Partnership and Cooperation)Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND II TRANSPAC, Alternate Candace Andersen 12/31/2019 12/31/2020 NO STIPEND II TRANSPLAN (East County Transportation Planning)Diane Burgis 12/31/2019 12/31/2020 X NO STIPEND II TRANSPLAN, Alternate Federal Glover 12/31/2019 12/31/2020 X NO STIPEND II Tri-Valley Transportation Council Candace Andersen 12/31/2019 12/31/2020 NO STIPEND II Urban Counties of California Federal D. Glover 12/31/2019 12/31/2020 NO STIPEND II Urban Counties of California, Alternate Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND II WCCTAC (West County Transportation Advisory Committee)John Gioia 12/31/2019 12/31/2020 NO STIPEND II WCCTAC, Alternate Federal Glover 12/31/2019 12/31/2020 NO STIPEND Page 7 District III Supervisor Burgis II West Contra Costa Integrated Waste Management Authority John Gioia Unspecified Unspecified STIPEND of $50 per meeting. II West Contra Costa Integrated Waste Management Authority, Alternate Federal Glover Unspecified Unspecified STIPEND of $50 per meeting. III Bay Area Air Quality Management District Board of Directors Karen Mitchoff 1/20/2020 1/20/2024 Per diem of $100/meeting + travel exp; max $6,000 III Contra Costa Transportation Authority Board of Commissioners (Seat 2)Karen Mitchoff 1/31/2020 1/31/2022 X STIPEND of $100 per meeting; up to $400 month III Contra Costa Transportation Authority Board of Commissioners, Alternate (Sea John Gioia 1/31/2020 1/31/2022 X STIPEND of $100 per meeting; up to $400 month III Local Agency Formation Commission, Alternate Diane Burgis 5/4/2020 5/6/2024 X STIPEND of $150 per meeting. III Tri Delta Transit Authority, Board of Directors (Seat 2)Diane Burgis 12/31/2019 12/31/2021 X STIPEND of $100/month III WCC Healtcare District Finance Committee Federal Glover 12/31/2019 Unspecified NO STIPEND III WCC Healtcare District Finance Committee John Gioia 12/31/2019 Unspecified NO STIPEND III CCTA, Community Based Transportation Steering Committee Federal Glover Unspecified Unspecified NO STIPEND IV ABAG Executive Board (Seat 1)Karen Mitchoff 6/30/2020 6/30/2022 STIPEND of $150 per meeting. IV ABAG Executive Board (Seat 2)Candace Andersen 6/30/2020 6/30/2022 STIPEND of $150 per meeting. IV ABAG Executive Board, Alternate 1 John Gioia 6/30/2020 6/30/2022 STIPEND of $150 per meeting. IV ABAG Executive Board, Alternate 2 Diane Burgis 6/30/2020 6/30/2022 STIPEND of $150 per meeting. IV ABAG Finance Authority for Nonprofit Corporations Board of Directors and its Executive Committee Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND IV ABAG Finance Authority for Nonprofit Corporations Board of Directors and its Executive Committee, First Alternate Candace Andersen 12/31/2019 12/31/2020 NO STIPEND IV ABAG Finance Authority for Nonprofit Corporations Board of Directors and its Executive Committee, Second Alternate Russell Watts 12/31/2019 12/31/2020 NO STIPEND IV ABAG General Assembly Karen Mitchoff 12/31/2019 12/31/2020 X NO STIPEND IV ABAG General Assembly, Alternate Diane Burgis 12/31/2019 12/31/2020 NO STIPEND IV ABAG Regional Planning Committee Karen Mitchoff Unspecified Unspecified STIPEND of $150 per meeting. IV Bay Conservation & Development Commission John Gioia Unspecified Unspecified STIPEND of $100 per meeting; max of 4 meetings. Page 8 District III Supervisor Burgis IV Bay Conservation & Development Commission, Alternate Federal Glover Unspecified Unspecified X STIPEND of $100 per meeting; max of 4 meetings. IV CCCERA (Contra Costa County Employees Retirement Association) Board of Trustees Candace Andersen 6/30/2020 6/30/2023 STIPEND of $100 per meeting. IV Contra Costa Countywide Redevelopment Successor Agency Oversight Board Federal Glover Unspecified Unspecified NO STIPEND IV Contra Costa Countywide Redevelopment Successor Agency Oversight Board Karen Mitchoff Unspecified Unspecified NO STIPEND IV Delta Diablo Sanitation District Governing Board Federal Glover 12/31/2019 12/31/2020 STIPEND of $170 per meeting; max of 6 meetings. IV Delta Diablo Sanitation District Governing Board, Alternate Karen Mitchoff 12/31/2019 12/31/2020 STIPEND of $170 per meeting; max of 6 meetings. IV Delta Protection Commission Diane Burgis 12/31/2019 12/31/2020 X NO STIPEND IV Delta Protection Commission, Alternate Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND IV Law Library Board of Trustees Nolan Armstrong 12/31/2019 12/31/2020 NO STIPEND IV Mental Health Commission Diane Burgis 12/31/2019 12/31/2020 X NO STIPEND IV Mental Health Commission, Alternate Candace Andersen 12/31/2019 12/31/2020 X NO STIPEND IV Sacramento-San Joaquin Delta Conservancy Board Karen Mitchoff Unspecified Unspecified NO STIPEND IV Sacramento-San Joaquin Delta Conservancy Board, Alternate Diane Burgis Unspecified Unspecified X NO STIPEND V Childhood Asthma Ad Hoc Committee, Chair John Gioia Unspecified Unspecified NO STIPEND V Childhood Asthma Ad Hoc Committee, Vice Chair Federal Glover Unspecified Unspecified NO STIPEND V Industrial Safety Ordinance/Community Warning System Ad Hoc Committee John Gioia Unspecified Unspecified NO STIPEND V Industrial Safety Ordinance/Community Warning System Ad Hoc Committee Federal Glover Unspecified Unspecified NO STIPEND V Northern Waterfront Economic Development Ad Hoc Committee Federal Glover Unspecified Unspecified NO STIPEND V Northern Waterfront Economic Development Ad Hoc Committee Diane Burgis Unspecified Unspecified X NO STIPEND The Following Committees Should NOT be Reassigned II Contra Costa Family Justice Alliance Diane Burgis 12/31/2020 NO STIPEND II East County Water Management Association Diane Burgis 12/31/2020 STIPEND of $170/meeting; max 6 per month II East County Water Management Association, Alternate Federal Glover 12/31/2020 STIPEND of $170/meeting; max 6 per month III Bay Area Air Quality Management District Board of Directors John Gioia 6/17/2021 Per diem of $100/meeting + travel exp; max $6,000 III Central Contra Costa Transit Authority (CCCTA) Board of Directors Candace Andersen 5/1/2021 STIPEND of $100 per meeting; up to $200 month Page 9 District III Supervisor Burgis III Central Contra Costa Transit Authority (CCCTA) Board of Directors, Alternate Karen Mitchoff 5/1/2021 STIPEND of $100 per meeting; up to $200 month III Contra Costa Transportation Authority Board of Commissioners (Seat 1)Federal D. Glover 1/31/2021 STIPEND of $100 per meeting; up to $400 month III Contra Costa Transportation Authority Board of Commissioners, Alternate (Sea Candace Andersen 1/31/2021 STIPEND of $100 per meeting; up to $400 month III Contra Costa Transportation Authority Board of Commissioners, Second Altern John Gioia 1/31/2021 STIPEND of $100 per meeting; up to $400 month III Contra Costa Transportation Authority Board of Commissioners, Third Alternat Diane Burgis 1/31/2021 STIPEND of $100 per meeting; up to $400 month III Local Agency Formation Commission Candace Andersen 5/2/2022 STIPEND of $150 per meeting. III Local Agency Formation Commission Federal D. Glover 5/2/2022 STIPEND of $150 per meeting. III Marin Energy Authority (MCE) Board of Directors John Gioia 12/31/2020 NO STIPEND III Marin Energy Authority (MCE) Board of Directors, Alternate Federal Glover 12/31/2020 NO STIPEND III Metropolitan Transportation Commission Federal Glover 2/1/2023 STIPEND of $100/meeting; up to $500/month per agency. III Tri Delta Transit Authority, Board of Directors (Seat 1)Federal Glover 12/31/2020 STIPEND of $100/month IV CSAC (California State Association of Counties) Board of Directors John Gioia 11/30/2020 NO STIPEND IV CSAC Board of Directors, Alternate Karen Mitchoff 11/30/2020 NO STIPEND V Census 2020 , Vice Chair Candace Andersen 12/31/2020 NO STIPEND V Census 2020, Chair Diane Burgis 12/31/2020 NO STIPEND Page 10 District IV Supervisor Mitchoff Type*Committee Name Appointee Term Expiration New Term Expiration Preference 1 Preference 2 Stipend Information I Airport Committee, Chair Diane Burgis 12/31/2019 12/31/2020 X NO STIPEND I Airport Committee, Vice Chair Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND I Family & Human Services Committee, Chair Candace Andersen 12/31/2019 12/31/2020 NO STIPEND I Family & Human Services Committee, Vice Chair John Gioia 12/31/2019 12/31/2020 NO STIPEND I Finance Committee, Chair Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND I Finance Committee, Vice Chair John Gioia 12/31/2019 12/31/2020 X NO STIPEND I Hiring Outreach & Oversight Committee, Chair Federal Glover 12/31/2019 12/31/2020 NO STIPEND I Hiring Outreach & Oversight Committee, Vice-Chair Candace Andersen 12/31/2019 12/31/2020 NO STIPEND I Internal Operations Committee, Chair Diane Burgis 12/31/2019 12/31/2020 NO STIPEND I Internal Operations Committee, Vice Chair Candace Andersen 12/31/2019 12/31/2020 NO STIPEND I Legislation Committee, Chair Diane Burgis 12/31/2019 12/31/2020 X NO STIPEND I Legislation Committee, Vice Chair Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND I Public Protection, Chair John Gioia 12/31/2019 12/31/2020 NO STIPEND I Public Protection, Vice Chair Federal Glover 12/31/2019 12/31/2020 NO STIPEND I Sustainability Committee, Chair John Gioia 12/31/2019 12/31/2020 NO STIPEND I Sustainability Committee, Vice Chair Federal Glover 12/31/2019 12/31/2020 NO STIPEND I Transportation, Water & Infrastructure Committee, Chair Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND I Transportation, Water & Infrastructure Committee, Vice Chair Candace Andersen 12/31/2019 12/31/2020 X NO STIPEND II Bay Area Counties Caucus Karen Mitchoff 12/31/2019 12/31/2020 X NO STIPEND II Bay Area Counties Caucus, Alternate Candace Andersen 12/31/2019 12/31/2020 NO STIPEND II Bay Area Regional Interoperable Communications System (BayRICS) Authority Mike Casten 12/31/2019 12/31/2020 NO STIPEND II BayRICS Authority, Alternate Elise Warren 12/31/2019 12/31/2020 NO STIPEND II California Identification System Remote Access Network Board (Cal-ID RAN Board)Diane Burgis 12/31/2019 12/31/2020 NO STIPEND II Central Contra Costa Solid Waste Authority Candace Andersen Unspecified Unspecified STIPEND of $50/meeting; max of 2 paid/month II Central Contra Costa Solid Waste Authority Karen Mitchoff Unspecified Unspecified X STIPEND of $50/meeting; max of 2 paid/month II Contra Costa Health Plan Joint Conference Committee Diane Burgis 12/31/2019 12/31/2020 NO STIPEND II Contra Costa Health Plan Joint Conference Committee Federal Glover 12/31/2019 12/31/2020 NO STIPEND II Dougherty Valley Oversight Committee Diane Burgis 12/31/2019 12/31/2020 NO STIPEND II Dougherty Valley Oversight Committee Candace Andersen 12/31/2019 12/31/2020 NO STIPEND II East Bay Regional Communication System (EBRCS) Authority Governing Board Candace Andersen 12/31/2019 12/31/2020 NO STIPEND II East Bay Regional Communication System (EBRCS) Authority Governing Board, Alternate Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND II East Contra Costa County Habitat Conservancy, Governing Board Diane Burgis 12/31/2019 12/31/2020 NO STIPEND II East Contra Costa County Habitat Conservancy, Governing Board, Alternate Federal Glover 12/31/2019 12/31/2020 NO STIPEND Page 11 District IV Supervisor Mitchoff II East Contra Costa Regional Fee & Finance Authority Diane Burgis 12/31/2019 12/31/2020 NO STIPEND II East Contra Costa Regional Fee & Finance Authority, Alternate Federal Glover 12/31/2019 12/31/2020 NO STIPEND II eBART (Bay Area Rapid Transit) Partnership Policy Advisory Committee Federal Glover 12/31/2019 12/31/2020 NO STIPEND II eBART (Bay Area Rapid Transit) Partnership Policy Advisory Committee Diane Burgis 12/31/2019 12/31/2020 NO STIPEND II First 5 Children and Families Commission Alternate Member Candace Andersen 12/31/2019 12/31/2020 NO STIPEND II First 5 Children and Families Commission Member Diane Burgis 12/31/2019 12/31/2020 NO STIPEND II Hazardous Waste Management Facility Allocation Committee Candace Andersen Unspecified Unspecified STIPEND of $150 per meeting. II Hazardous Waste Management Facility Allocation Committee, Alternate Karen Mitchoff Unspecified Unspecified STIPEND of $150 per meeting. II Kensington Solid Waste Committee Alternate Kate Rauch 12/31/2019 12/31/2020 NO STIPEND II Kensington Solid Waste Committee Member John Gioia 12/31/2019 12/31/2020 NO STIPEND II Medical Services Joint Conference Committee, Chair Federal Glover 12/31/2019 12/31/2020 NO STIPEND II Medical Services Joint Conference Committee, Vice Chair John Gioia 12/31/2019 12/31/2020 NO STIPEND II North Richmond Waste and Recovery Mitigation Fee Committee John Gioia 12/31/2019 12/31/2020 NO STIPEND II North Richmond Waste and Recovery Mitigation Fee Committee, Alternate Robert Rogers 12/31/2019 12/31/2020 NO STIPEND II Open Space/Parks & East Bay Regional Parks District Liaison Committee, Chair Diane Burgis 12/31/2019 12/31/2020 NO STIPEND II Open Space/Parks & East Bay Regional Parks District Liaison Committee, Vice Chair Federal Glover 12/31/2019 12/31/2020 NO STIPEND II Pleasant Hill BART/Contra Costa Centre Joint Powers Authority Board of Trustees Karen Mitchoff Unspecified Unspecified X NO STIPEND II Pleasant Hill BART/Contra Costa Centre Joint Powers Authority Board of Trustees Candace Andersen Unspecified Unspecified NO STIPEND II State Route 4 Bypass Authority Diane Burgis 12/31/2019 12/31/2020 NO STIPEND II State Route 4 Bypass Authority, Alternate Federal Glover 12/31/2019 12/31/2020 NO STIPEND II SWAT (Southwest Area Transportation Committee)Candace Andersen 12/31/2019 12/31/2020 NO STIPEND II SWAT, Alternate Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND II TRAFFIX (Measure J Traffic Congestion Relief Agency)Candace Andersen 12/31/2019 12/31/2020 NO STIPEND II TRAFFIX (Measure J Traffic Congestion Relief Agency), Alternate Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND II TRANSPAC (Central County Transportation Partnership and Cooperation)Karen Mitchoff 12/31/2019 12/31/2020 X NO STIPEND II TRANSPAC, Alternate Candace Andersen 12/31/2019 12/31/2020 NO STIPEND II TRANSPLAN (East County Transportation Planning)Diane Burgis 12/31/2019 12/31/2020 NO STIPEND II TRANSPLAN, Alternate Federal Glover 12/31/2019 12/31/2020 NO STIPEND II Tri-Valley Transportation Council Candace Andersen 12/31/2019 12/31/2020 NO STIPEND II Urban Counties of California Federal D. Glover 12/31/2019 12/31/2020 NO STIPEND II Urban Counties of California, Alternate Karen Mitchoff 12/31/2019 12/31/2020 X NO STIPEND II WCCTAC (West County Transportation Advisory Committee)John Gioia 12/31/2019 12/31/2020 NO STIPEND II WCCTAC, Alternate Federal Glover 12/31/2019 12/31/2020 NO STIPEND Page 12 District IV Supervisor Mitchoff II West Contra Costa Integrated Waste Management Authority John Gioia Unspecified Unspecified STIPEND of $50 per meeting. II West Contra Costa Integrated Waste Management Authority, Alternate Federal Glover Unspecified Unspecified STIPEND of $50 per meeting. III Bay Area Air Quality Management District Board of Directors Karen Mitchoff 1/20/2020 1/20/2024 X Per diem of $100/meeting + travel exp; max $6,000 III Contra Costa Transportation Authority Board of Commissioners (Seat 2)Karen Mitchoff 1/31/2020 1/31/2022 X STIPEND of $100 per meeting; up to $400 month III Contra Costa Transportation Authority Board of Commissioners, Alternate (Seat 2)John Gioia 1/31/2020 1/31/2022 STIPEND of $100 per meeting; up to $400 month III Local Agency Formation Commission, Alternate Diane Burgis 5/4/2020 5/6/2024 STIPEND of $150 per meeting. III Tri Delta Transit Authority, Board of Directors (Seat 2)Diane Burgis 12/31/2019 12/31/2021 STIPEND of $100/month III WCC Healtcare District Finance Committee Federal Glover 12/31/2019 Unspecified NO STIPEND III WCC Healtcare District Finance Committee John Gioia 12/31/2019 Unspecified NO STIPEND III CCTA, Community Based Transportation Steering Committee Federal Glover Unspecified Unspecified NO STIPEND IV ABAG Executive Board (Seat 1)Karen Mitchoff 6/30/2020 6/30/2022 X STIPEND of $150 per meeting. IV ABAG Executive Board (Seat 2)Candace Andersen 6/30/2020 6/30/2022 STIPEND of $150 per meeting. IV ABAG Executive Board, Alternate 1 John Gioia 6/30/2020 6/30/2022 STIPEND of $150 per meeting. IV ABAG Executive Board, Alternate 2 Diane Burgis 6/30/2020 6/30/2022 STIPEND of $150 per meeting. IV ABAG Finance Authority for Nonprofit Corporations Board of Directors and its Executive Committee Karen Mitchoff 12/31/2019 12/31/2020 X NO STIPEND IV ABAG Finance Authority for Nonprofit Corporations Board of Directors and its Executive Committee, First Alternate Candace Andersen 12/31/2019 12/31/2020 NO STIPEND IV ABAG Finance Authority for Nonprofit Corporations Board of Directors and its Executive Committee, Second Alternate Russell Watts 12/31/2019 12/31/2020 NO STIPEND IV ABAG General Assembly Karen Mitchoff 12/31/2019 12/31/2020 X NO STIPEND IV ABAG General Assembly, Alternate Diane Burgis 12/31/2019 12/31/2020 NO STIPEND IV ABAG Regional Planning Committee Karen Mitchoff Unspecified Unspecified X STIPEND of $150 per meeting. IV Bay Conservation & Development Commission John Gioia Unspecified Unspecified STIPEND of $100 per meeting; max of 4 meetings. Page 13 District IV Supervisor Mitchoff IV Bay Conservation & Development Commission, Alternate Federal Glover Unspecified Unspecified STIPEND of $100 per meeting; max of 4 meetings. IV CCCERA (Contra Costa County Employees Retirement Association) Board of Trustees Candace Andersen 6/30/2020 6/30/2023 STIPEND of $100 per meeting. IV Contra Costa Countywide Redevelopment Successor Agency Oversight Board Federal Glover Unspecified Unspecified NO STIPEND IV Contra Costa Countywide Redevelopment Successor Agency Oversight Board Karen Mitchoff Unspecified Unspecified X NO STIPEND IV Delta Diablo Sanitation District Governing Board Federal Glover 12/31/2019 12/31/2020 STIPEND of $170 per meeting; max of 6 meetings. IV Delta Diablo Sanitation District Governing Board, Alternate Karen Mitchoff 12/31/2019 12/31/2020 STIPEND of $170 per meeting; max of 6 meetings. IV Delta Protection Commission Diane Burgis 12/31/2019 12/31/2020 NO STIPEND IV Delta Protection Commission, Alternate Karen Mitchoff 12/31/2019 12/31/2020 X NO STIPEND IV Law Library Board of Trustees Nolan Armstrong 12/31/2019 12/31/2020 NO STIPEND IV Mental Health Commission Diane Burgis 12/31/2019 12/31/2020 NO STIPEND IV Mental Health Commission, Alternate Candace Andersen 12/31/2019 12/31/2020 NO STIPEND IV Sacramento-San Joaquin Delta Conservancy Board Karen Mitchoff Unspecified Unspecified X NO STIPEND IV Sacramento-San Joaquin Delta Conservancy Board, Alternate Diane Burgis Unspecified Unspecified NO STIPEND V Childhood Asthma Ad Hoc Committee, Chair John Gioia Unspecified Unspecified NO STIPEND V Childhood Asthma Ad Hoc Committee, Vice Chair Federal Glover Unspecified Unspecified NO STIPEND V Industrial Safety Ordinance/Community Warning System Ad Hoc Committee John Gioia Unspecified Unspecified NO STIPEND V Industrial Safety Ordinance/Community Warning System Ad Hoc Committee Federal Glover Unspecified Unspecified NO STIPEND V Northern Waterfront Economic Development Ad Hoc Committee Federal Glover Unspecified Unspecified NO STIPEND V Northern Waterfront Economic Development Ad Hoc Committee Diane Burgis Unspecified Unspecified NO STIPEND The Following Committees Should NOT be Reassigned II Contra Costa Family Justice Alliance Diane Burgis 12/31/2020 NO STIPEND II East County Water Management Association Diane Burgis 12/31/2020 STIPEND of $170/meeting; max 6 per month II East County Water Management Association, Alternate Federal Glover 12/31/2020 STIPEND of $170/meeting; max 6 per month III Bay Area Air Quality Management District Board of Directors John Gioia 6/17/2021 Per diem of $100/meeting + travel exp; max $6,000 Page 14 District IV Supervisor Mitchoff III Central Contra Costa Transit Authority (CCCTA) Board of Directors Candace Andersen 5/1/2021 STIPEND of $100 per meeting; up to $200 month III Central Contra Costa Transit Authority (CCCTA) Board of Directors, Alternate Karen Mitchoff 5/1/2021 STIPEND of $100 per meeting; up to $200 month III Contra Costa Transportation Authority Board of Commissioners (Seat 1)Federal D. Glover 1/31/2021 STIPEND of $100 per meeting; up to $400 month III Contra Costa Transportation Authority Board of Commissioners, Alternate (Seat 1)Candace Andersen 1/31/2021 STIPEND of $100 per meeting; up to $400 month III Contra Costa Transportation Authority Board of Commissioners, Second Alternate (Seat 1)John Gioia 1/31/2021 STIPEND of $100 per meeting; up to $400 month III Contra Costa Transportation Authority Board of Commissioners, Third Alternate (Seat 1)Diane Burgis 1/31/2021 STIPEND of $100 per meeting; up to $400 month III Local Agency Formation Commission Candace Andersen 5/2/2022 STIPEND of $150 per meeting. III Local Agency Formation Commission Federal D. Glover 5/2/2022 STIPEND of $150 per meeting. III Marin Energy Authority (MCE) Board of Directors John Gioia 12/31/2020 NO STIPEND III Marin Energy Authority (MCE) Board of Directors, Alternate Federal Glover 12/31/2020 NO STIPEND III Metropolitan Transportation Commission Federal Glover 2/1/2023 STIPEND of $100/meeting; up to $500/month per agency. III Tri Delta Transit Authority, Board of Directors (Seat 1)Federal Glover 12/31/2020 STIPEND of $100/month IV CSAC (California State Association of Counties) Board of Directors John Gioia 11/30/2020 NO STIPEND IV CSAC Board of Directors, Alternate Karen Mitchoff 11/30/2020 NO STIPEND V Census 2020 , Vice Chair Candace Andersen 12/31/2020 NO STIPEND V Census 2020, Chair Diane Burgis 12/31/2020 NO STIPEND Page 15 District V Supervisor Glover Type*Committee Name Appointee Term Expiration New Term Expiration Preference 1 Preference 2 Stipend Information I Airport Committee, Chair Diane Burgis 12/31/2019 12/31/2020 NO STIPEND I Airport Committee, Vice Chair Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND I Family & Human Services Committee, Chair Candace Andersen 12/31/2019 12/31/2020 NO STIPEND I Family & Human Services Committee, Vice Chair John Gioia 12/31/2019 12/31/2020 NO STIPEND I Finance Committee, Chair Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND I Finance Committee, Vice Chair John Gioia 12/31/2019 12/31/2020 NO STIPEND I Hiring Outreach & Oversight Committee, Chair Federal Glover 12/31/2019 12/31/2020 NO STIPEND I Hiring Outreach & Oversight Committee, Vice-Chair Candace Andersen 12/31/2019 12/31/2020 NO STIPEND I Internal Operations Committee, Chair Diane Burgis 12/31/2019 12/31/2020 NO STIPEND I Internal Operations Committee, Vice Chair Candace Andersen 12/31/2019 12/31/2020 NO STIPEND I Legislation Committee, Chair Diane Burgis 12/31/2019 12/31/2020 NO STIPEND I Legislation Committee, Vice Chair Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND I Public Protection, Chair John Gioia 12/31/2019 12/31/2020 NO STIPEND I Public Protection, Vice Chair Federal Glover 12/31/2019 12/31/2020 X NO STIPEND I Sustainability Committee, Chair John Gioia 12/31/2019 12/31/2020 NO STIPEND I Sustainability Committee, Vice Chair Federal Glover 12/31/2019 12/31/2020 X NO STIPEND I Transportation, Water & Infrastructure Committee, Chair Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND I Transportation, Water & Infrastructure Committee, Vice Chair Candace Andersen 12/31/2019 12/31/2020 NO STIPEND II Bay Area Counties Caucus Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND II Bay Area Counties Caucus, Alternate Candace Andersen 12/31/2019 12/31/2020 NO STIPEND II Bay Area Regional Interoperable Communications System (BayRICS) Authority Mike Casten 12/31/2019 12/31/2020 NO STIPEND II BayRICS Authority, Alternate Elise Warren 12/31/2019 12/31/2020 NO STIPEND II California Identification System Remote Access Network Board (Cal-ID RAN Board)Diane Burgis 12/31/2019 12/31/2020 NO STIPEND II Central Contra Costa Solid Waste Authority Candace Andersen Unspecified Unspecified STIPEND of $50/meeting; max of 2 paid/month II Central Contra Costa Solid Waste Authority Karen Mitchoff Unspecified Unspecified STIPEND of $50/meeting; max of 2 paid/month II Contra Costa Health Plan Joint Conference Committee Diane Burgis 12/31/2019 12/31/2020 NO STIPEND II Contra Costa Health Plan Joint Conference Committee Federal Glover 12/31/2019 12/31/2020 X NO STIPEND II Dougherty Valley Oversight Committee Diane Burgis 12/31/2019 12/31/2020 NO STIPEND II Dougherty Valley Oversight Committee Candace Andersen 12/31/2019 12/31/2020 NO STIPEND II East Bay Regional Communication System (EBRCS) Authority Governing Board Candace Andersen 12/31/2019 12/31/2020 NO STIPEND II East Bay Regional Communication System (EBRCS) Authority Governing Board, Alternate Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND II East Contra Costa County Habitat Conservancy, Governing Board Diane Burgis 12/31/2019 12/31/2020 NO STIPEND II East Contra Costa County Habitat Conservancy, Governing Board, Alternate Federal Glover 12/31/2019 12/31/2020 X NO STIPEND Page 16 District V Supervisor Glover II East Contra Costa Regional Fee & Finance Authority Diane Burgis 12/31/2019 12/31/2020 NO STIPEND II East Contra Costa Regional Fee & Finance Authority, Alternate Federal Glover 12/31/2019 12/31/2020 X NO STIPEND II eBART (Bay Area Rapid Transit) Partnership Policy Advisory Committee Federal Glover 12/31/2019 12/31/2020 X NO STIPEND II eBART (Bay Area Rapid Transit) Partnership Policy Advisory Committee Diane Burgis 12/31/2019 12/31/2020 NO STIPEND II First 5 Children and Families Commission Alternate Member Candace Andersen 12/31/2019 12/31/2020 NO STIPEND II First 5 Children and Families Commission Member Diane Burgis 12/31/2019 12/31/2020 NO STIPEND II Hazardous Waste Management Facility Allocation Committee Candace Andersen Unspecified Unspecified STIPEND of $150 per meeting. II Hazardous Waste Management Facility Allocation Committee, Alternate Karen Mitchoff Unspecified Unspecified STIPEND of $150 per meeting. II Kensington Solid Waste Committee Alternate Kate Rauch 12/31/2019 12/31/2020 NO STIPEND II Kensington Solid Waste Committee Member John Gioia 12/31/2019 12/31/2020 NO STIPEND II Medical Services Joint Conference Committee, Chair Federal Glover 12/31/2019 12/31/2020 X NO STIPEND II Medical Services Joint Conference Committee, Vice Chair John Gioia 12/31/2019 12/31/2020 X NO STIPEND II North Richmond Waste and Recovery Mitigation Fee Committee John Gioia 12/31/2019 12/31/2020 NO STIPEND II North Richmond Waste and Recovery Mitigation Fee Committee, Alternate Robert Rogers 12/31/2019 12/31/2020 NO STIPEND II Open Space/Parks & East Bay Regional Parks District Liaison Committee, Chair Diane Burgis 12/31/2019 12/31/2020 NO STIPEND II Open Space/Parks & East Bay Regional Parks District Liaison Committee, Vice Chair Federal Glover 12/31/2019 12/31/2020 X NO STIPEND II Pleasant Hill BART/Contra Costa Centre Joint Powers Authority Board of Trustees Karen Mitchoff Unspecified Unspecified NO STIPEND II Pleasant Hill BART/Contra Costa Centre Joint Powers Authority Board of Trustees Candace Andersen Unspecified Unspecified NO STIPEND II State Route 4 Bypass Authority Diane Burgis 12/31/2019 12/31/2020 NO STIPEND II State Route 4 Bypass Authority, Alternate Federal Glover 12/31/2019 12/31/2020 X NO STIPEND II SWAT (Southwest Area Transportation Committee)Candace Andersen 12/31/2019 12/31/2020 NO STIPEND II SWAT, Alternate Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND II TRAFFIX (Measure J Traffic Congestion Relief Agency)Candace Andersen 12/31/2019 12/31/2020 NO STIPEND II TRAFFIX (Measure J Traffic Congestion Relief Agency), Alternate Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND II TRANSPAC (Central County Transportation Partnership and Cooperation)Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND II TRANSPAC, Alternate Candace Andersen 12/31/2019 12/31/2020 NO STIPEND II TRANSPLAN (East County Transportation Planning)Diane Burgis 12/31/2019 12/31/2020 NO STIPEND II TRANSPLAN, Alternate Federal Glover 12/31/2019 12/31/2020 X NO STIPEND II Tri-Valley Transportation Council Candace Andersen 12/31/2019 12/31/2020 NO STIPEND II Urban Counties of California Federal D. Glover 12/31/2019 12/31/2020 NO STIPEND II Urban Counties of California, Alternate Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND II WCCTAC (West County Transportation Advisory Committee)John Gioia 12/31/2019 12/31/2020 NO STIPEND II WCCTAC, Alternate Federal Glover 12/31/2019 12/31/2020 X NO STIPEND Page 17 District V Supervisor Glover II West Contra Costa Integrated Waste Management Authority John Gioia Unspecified Unspecified STIPEND of $50 per meeting. II West Contra Costa Integrated Waste Management Authority, Alternate Federal Glover Unspecified Unspecified X STIPEND of $50 per meeting. III Bay Area Air Quality Management District Board of Directors Karen Mitchoff 1/20/2020 1/20/2024 Per diem of $100/meeting + travel exp; max $6,000 III Contra Costa Transportation Authority Board of Commissioners (Seat 2)Karen Mitchoff 1/31/2020 1/31/2022 STIPEND of $100 per meeting; up to $400 month III Contra Costa Transportation Authority Board of Commissioners, Alternate (Seat 2)John Gioia 1/31/2020 1/31/2022 STIPEND of $100 per meeting; up to $400 month III Local Agency Formation Commission, Alternate Diane Burgis 5/4/2020 5/6/2024 STIPEND of $150 per meeting. III Tri Delta Transit Authority, Board of Directors (Seat 2)Diane Burgis 12/31/2019 12/31/2021 STIPEND of $100/month III WCC Healtcare District Finance Committee Federal Glover 12/31/2019 Unspecified X NO STIPEND III WCC Healtcare District Finance Committee John Gioia 12/31/2019 Unspecified NO STIPEND III CCTA, Community Based Transportation Steering Committee Federal Glover Unspecified Unspecified X NO STIPEND IV ABAG Executive Board (Seat 1)Karen Mitchoff 6/30/2020 6/30/2022 STIPEND of $150 per meeting. IV ABAG Executive Board (Seat 2)Candace Andersen 6/30/2020 6/30/2022 STIPEND of $150 per meeting. IV ABAG Executive Board, Alternate 1 John Gioia 6/30/2020 6/30/2022 STIPEND of $150 per meeting. IV ABAG Executive Board, Alternate 2 Diane Burgis 6/30/2020 6/30/2022 STIPEND of $150 per meeting. IV ABAG Finance Authority for Nonprofit Corporations Board of Directors and its Executive Committee Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND IV ABAG Finance Authority for Nonprofit Corporations Board of Directors and its Executive Committee, First Alternate Candace Andersen 12/31/2019 12/31/2020 NO STIPEND IV ABAG Finance Authority for Nonprofit Corporations Board of Directors and its Executive Committee, Second Alternate Russell Watts 12/31/2019 12/31/2020 NO STIPEND IV ABAG General Assembly Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND IV ABAG General Assembly, Alternate Diane Burgis 12/31/2019 12/31/2020 NO STIPEND IV ABAG Regional Planning Committee Karen Mitchoff Unspecified Unspecified STIPEND of $150 per meeting. IV Bay Conservation & Development Commission John Gioia Unspecified Unspecified STIPEND of $100 per meeting; max of 4 meetings. Page 18 District V Supervisor Glover IV Bay Conservation & Development Commission, Alternate Federal Glover Unspecified Unspecified X STIPEND of $100 per meeting; max of 4 meetings. IV CCCERA (Contra Costa County Employees Retirement Association) Board of Trustees Candace Andersen 6/30/2020 6/30/2023 STIPEND of $100 per meeting. IV Contra Costa Countywide Redevelopment Successor Agency Oversight Board Federal Glover Unspecified Unspecified X NO STIPEND IV Contra Costa Countywide Redevelopment Successor Agency Oversight Board Karen Mitchoff Unspecified Unspecified NO STIPEND IV Delta Diablo Sanitation District Governing Board Federal Glover 12/31/2019 12/31/2020 X STIPEND of $170 per meeting; max of 6 meetings. IV Delta Diablo Sanitation District Governing Board, Alternate Karen Mitchoff 12/31/2019 12/31/2020 STIPEND of $170 per meeting; max of 6 meetings. IV Delta Protection Commission Diane Burgis 12/31/2019 12/31/2020 NO STIPEND IV Delta Protection Commission, Alternate Karen Mitchoff 12/31/2019 12/31/2020 NO STIPEND IV Law Library Board of Trustees Nolan Armstrong 12/31/2019 12/31/2020 NO STIPEND IV Mental Health Commission Diane Burgis 12/31/2019 12/31/2020 NO STIPEND IV Mental Health Commission, Alternate Candace Andersen 12/31/2019 12/31/2020 NO STIPEND IV Sacramento-San Joaquin Delta Conservancy Board Karen Mitchoff Unspecified Unspecified NO STIPEND IV Sacramento-San Joaquin Delta Conservancy Board, Alternate Diane Burgis Unspecified Unspecified NO STIPEND V Childhood Asthma Ad Hoc Committee, Chair John Gioia Unspecified Unspecified NO STIPEND V Childhood Asthma Ad Hoc Committee, Vice Chair Federal Glover Unspecified Unspecified X NO STIPEND V Industrial Safety Ordinance/Community Warning System Ad Hoc Committee John Gioia Unspecified Unspecified NO STIPEND V Industrial Safety Ordinance/Community Warning System Ad Hoc Committee Federal Glover Unspecified Unspecified X NO STIPEND V Northern Waterfront Economic Development Ad Hoc Committee Federal Glover Unspecified Unspecified X NO STIPEND V Northern Waterfront Economic Development Ad Hoc Committee Diane Burgis Unspecified Unspecified NO STIPEND The Following Committees Should NOT be Reassigned II Contra Costa Family Justice Alliance Diane Burgis 12/31/2020 NO STIPEND II East County Water Management Association Diane Burgis 12/31/2020 STIPEND of $170/meeting; max 6 per month II East County Water Management Association, Alternate Federal Glover 12/31/2020 STIPEND of $170/meeting; max 6 per month III Bay Area Air Quality Management District Board of Directors John Gioia 6/17/2021 Per diem of $100/meeting + travel exp; max $6,000 Page 19 District V Supervisor Glover III Central Contra Costa Transit Authority (CCCTA) Board of Directors Candace Andersen 5/1/2021 STIPEND of $100 per meeting; up to $200 month III Central Contra Costa Transit Authority (CCCTA) Board of Directors, Alternate Karen Mitchoff 5/1/2021 STIPEND of $100 per meeting; up to $200 month III Contra Costa Transportation Authority Board of Commissioners (Seat 1)Federal D. Glover 1/31/2021 STIPEND of $100 per meeting; up to $400 month III Contra Costa Transportation Authority Board of Commissioners, Alternate (Seat 1)Candace Andersen 1/31/2021 STIPEND of $100 per meeting; up to $400 month III Contra Costa Transportation Authority Board of Commissioners, Second Alternate (Seat 1)John Gioia 1/31/2021 STIPEND of $100 per meeting; up to $400 month III Contra Costa Transportation Authority Board of Commissioners, Third Alternate (Seat 1)Diane Burgis 1/31/2021 STIPEND of $100 per meeting; up to $400 month III Local Agency Formation Commission Candace Andersen 5/2/2022 STIPEND of $150 per meeting. III Local Agency Formation Commission Federal D. Glover 5/2/2022 STIPEND of $150 per meeting. III Marin Energy Authority (MCE) Board of Directors John Gioia 12/31/2020 NO STIPEND III Marin Energy Authority (MCE) Board of Directors, Alternate Federal Glover 12/31/2020 NO STIPEND III Metropolitan Transportation Commission Federal Glover 2/1/2023 STIPEND of $100/meeting; up to $500/month per agency. III Tri Delta Transit Authority, Board of Directors (Seat 1)Federal Glover 12/31/2020 STIPEND of $100/month IV CSAC (California State Association of Counties) Board of Directors John Gioia 11/30/2020 NO STIPEND IV CSAC Board of Directors, Alternate Karen Mitchoff 11/30/2020 NO STIPEND V Census 2020 , Vice Chair Candace Andersen 12/31/2020 NO STIPEND V Census 2020, Chair Diane Burgis 12/31/2020 NO STIPEND Page 20 RECOMMENDATION(S): REAPPOINT Susan Captain to the Public Member #1 seat and APPOINT Stephen Pree to the Public Member #2 seat on the Integrated Pest Management Advisory Committee with terms that will expire on December 31, 2023. FISCAL IMPACT: No fiscal impact. BACKGROUND: In June 2014, the IOC reviewed Board Resolution Nos. 2011/497 and 2011/498, which stipulate that applicants for At Large/Non Agency-Specific seats on specified bodies are to be interviewed by a Board subcommittee. The Resolutions further permit a Board Committee to select a screening committee to assist in interviewing applicants for appointment. Upon review of the eligible seats, the IOC made a determination that it would conduct interviews for At Large seats on the following bodies: Retirement Board, Fire Advisory Commission, Integrated Pest Management Advisory Committee, Planning Commission, Treasury Oversight Committee, Airport Land Use Commission, and the Fish & Wildlife Committee; and that screening and nomination fill At Large seats on all other eligible bodies would be delegated each body or a subcommittee thereof. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Julie DiMaggio Enea (925) 335-1077 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 14 To:Board of Supervisors From:INTERNAL OPERATIONS COMMITTEE Date:December 17, 2019 Contra Costa County Subject:RECOMMENDATIONS FOR APPOINTMENT TO THE INTEGRATED PEST MANAGEMENT ADVISORY COMMITTEE BACKGROUND: (CONT'D) The Integrated Pest Management (IPM) Advisory Committee was established by the Board of Supervisors in November 2009 to advise the Board regarding the protection and enhancement of public health, County resources, and the environment related to pest control methods employed by County departments. The IPM Committee has eight voting members as follows: two ex-officio members (Health Services Department and County/Unincorporated County Storm Water Program) and six public members (one County Sustainability Commission representative, one County Fish and Wildlife Committee representative, one Environmental Organizations representative, and three At Large appointees); plus one Public Member Alternate seat. Effective January 1, 2019, terms of office for the At Large and Alternate seats reviewed by the Internal Operations Committee were extended from two to four years at the direction of the IOC. The Public Member #1 and 2 seats will become vacant on December 31, 2019. The Environmental Organization seat is also currently vacant but that seat is not screened by the IOC; a separate recommendation is forthcoming from the Health Services Department. The IOC, on December 9, 2019, interviewed the two candidates for the vacant At Large seats and recommends their appointment. Attached is a letter from the IPM Committee transmitting the two applications received from the recruitment for the vacancies, and describing the recruitment process, and the current Committee roster. ATTACHMENTS IPM Transmittal Letter Candidate Application_Susan Captain_IPM Candidate Application_Stephen Pree_IPM Memorandum To: Internal Operations Committee Supervisor Diane Burgis, Chair Supervisor Candace Andersen, Vice Chair From: The IPM Advisory Committee Jim Donnelly, Chair Wade Finlinson, Staff Date: December 9, 2019 Subject: Two Public Member Appointments to the IPM Advisory Committee Background: On November 10, 2009, the Board of Supervisors approved the bylaws for the Committee. Purpose of the Committee (from the Committee’s Bylaws) A. Protect and enhance public health, County resources, and the environment; B. Minimize risks and maximize benefits to the general public, staff and the environment as a result of pest control activities conducted by County staff and contractors; C. Promote a coordinated County-wide effort to implement IPM in the County in a manner that is consistent with the Board-adopted IPM Policy; D. Serve as a resource to help Department Heads and the Board of Supervisors review and improve existing pest management programs and the processes for making pest management decisions; E. Make policy recommendations upon assessment of current pest issues and evaluation of possible IPM solutions; and F. Provide a forum for communication and information exchange among members in an effort to identify, encourage, and stimulate the use of best or promising pest management practices. Current Members of the IPM Advisory Committee Currently the Committee has a total of 13 seats consisting of voting and non-voting members. The 8 voting members include: • One representative from Contra Costa Health Services • One representative from the County Storm Water Program • One representative from the County Sustainability Commission • One representative from the County Fish and Wildlife Committee • One representative from an environmental organization • Three at-large members of the public (designated Public Member 1, 2, and 3) The 4 non-voting members include: • A representative from the Agriculture Department • Two representatives from the Public Works Department (Facilities Division and Maintenance Division) • One representative from the County’s pest management contractor Public Member Alternate The Committee also has one public member alternate who only votes if one or more of the six public members are absent from a meeting. See Attachment A for the list of current Committee members. Number of Current Vacancies on the Committee: Three (3) Total—Two (2) Public At-Large Member seats (Public Member 1-At Large and Public Member 2-At Large), and one (1) Environmental Organization seat. Note that an applicant for the Environmental Organization seat will be recommended to the full Board of Supervisors at a later date. Two (2) Terms ending: The terms for the two (2) Public At-Large seats are ending on December 31, 2019. Recruiting for the Public Member seats From September 9 through November 25, 2019, the IPM Coordinator, with the help of the Supervisors’ offices, widely publicized the Committee’s vacancies. A notice of the vacancies along with the application form was emailed to 23 organizations well as to extensive email contacts. Several County Supervisors forwarded the notice through their respective newsletters and email lists, reaching hundreds of potential applicants. Number of Applications Received: Two (2) applications were received for the Public Member seats and are attached to this memo. Susan Captain re-applied for her Public Member 1 seat. Stephen Prée applied for the Public Member 2 seat. Terms for Newly Appointed Members: Terms are 4 years and therefore will end on December 31, 2023. Attachment A INTEGRATED PEST MANAGEMENT ADVISORY COMMITTEE ROSTER (As of November 25, 2019) Seat Title Appointee Name Work Address or Affiliation BACKGROUND Term Expiration Voting? Agriculture Commissioner or Designee Larry Yost , Concord, CA 94520 Agriculture, pesticide regulation, IPM None NO Public Works Facilities Director or Designee Dave Lavelle Martinez, CA 94553 Facilities management None NO Public Works Deputy Director or Designee Allison Knapp Martinez, CA 94553 Flood control engineer None NO County Pest Management Contractor Carlos Agurto Pestec IPM Provider, Antioch, CA 94531 Structural IPM, entomology, vertebrate pest management December 31, 2019 NO Health Services Department Representative Michael Kent Martinez, CA 94553 Hazardous materials, IPM, public health. None YES County/Unincorporated County Stormwater Program Representative Teri Rie Martinez, CA 94553 Stormwater management None YES Sustainability Commission Representative Kimberly Hazard County Sustainability Commission Works at California Childcare Health Program at UCSF/has experience developing IPM programs for childcare sites December 31, 2019 YES Public Member – Fish and Wildlife Committee Representative Susan Heckly Fish and Wildlife Committee Wildlife, IPM, worked in the Lindsay Wildlife Museum December 31, 2019 YES Public Member 1 – Type 2 At Large Susan Captain Owns Captain Vineyards in Moraga Statistics, computer tech support, wine grape IPM, currently wine grape grower December 31, 2019 YES Public Member 2 – Type 2 At Large Andrew Sutherland U.C. Cooperative Extension Urban IPM Advisor UC Cooperative Extension Urban IPM specialist for the Bay Area, entomologist, experience in plant nurseries December 31, 2019 YES Public Member 3 – Type 2 At Large James Donnelly J.R. Donnelly Consulting Consultant in health, safety, and environmental quality for industry and construction projects December 31, 2022 YES Environmental Organization – Type 3 At Large Seat Vacant . December 31, 2022 YES Public Member Alternate Dennis Shusterman University of CA, Berkeley Occupational Health Service Physician (and Contra Costa County Master Gardener) December 31, 2022 Only if a public at-large member/Sust. rep/F&W rep is absent Please return completed applications to: Clerk of the Board of Supervisors 651 Pine St., Room 106 Martinez, CA 94553 or email to: ClerkofTheBoard@cob.cccounty.us First Name Last Name Home Address - Street City Zip Code Phone (best number to reach you)Email Resident of Supervisorial District: EDUCATION Check appropriate box if you possess one of the following: …High School Diploma …CA High School Proficiency Certificate …G.E.D. Certificate Course of Study/Major Degree Awarded …Yes …No …Yes …No …Yes …No Other Training Completed: Board, Committee or Commission Name Seat Name Have you ever attended a meeting of the advisory board for which you are applying? …No …Yes If yes, how many? Please explain why you would like to serve on this particular board, committee, or commission. Describe your qualifications for this appointment. (NOTE: you may also include a copy of your resume with this application) I am including my resume with this application: Please check one: …Yes …No I would like to be considered for appointment to other advisory bodies for which I may be qualified. Please check one: …Yes …No Contra Costa County BOARDS, COMMITTEES, AND COMMISSIONS APPLICATION Colleges or Universities Attended THIS FORM IS A PUBLIC DOCUMENT susan captain Moraga 94556 Almustansaria University statistics Networking certificate DVC Climate action Committee for the town of Moraga, Lam committee member, board member 3 years I have been involved IPM advisory committee for 3 years, I am on the sub committee too, I'd like to continue to participate to the committee. I feel, I can contribute to the committee with practices that we have used on our sustainable & green winery, in Moraga, I can learn some new idea's form the committee. My husband & I are founders of Captain Vineyards, in the town of Moraga, established 2005, we pride our vineyard & winery of being the first green winery in the county, Sustainable award from Sustainable CC, water smart certified by EBMUD, Pollution prevention award from central SAN,, CoolCal award in 2016 by CAl EPA. Every step of any action is thought of to be socially responsible, economically viable and environmentally sound. I believe that I can contribute to the CC advisory committee and learn as well from the wealth of knowledge the committee has. My Resume might be provided previously, I'll be happy to supply if asked for. Print Form ✔ Are you currently or have you ever been appointed to a Contra Costa County advisory board? Please check one: …Yes …No List any volunteer and community experience, including any boards on which you have served. Do you have a familial relationship with a member of the Board of Supervisors? (Please refer to the relationships listed below or Resolution no. 2011/55) Please check one: …Yes …No If Yes, please identify the nature of the relationship: Do you have any financial relationships with the county, such as grants, contracts, or other economic relationships? Please check one: …Yes …No If Yes, please identify the nature of the relationship: Signed: Date: Submit this application to: Clerk of the Board of Supervisors 651 Pine St., Room 106 Martinez, CA 94553 6. Some boards, committees, or commissions may assign members to subcommittees or work groups which may require an additional commitment of time. 5. Meeting dates and times are subject to change and may occur up to two (2) days per month. 7. As indicated in Board Resolution 2011/55, a person will not be eligible for appointment if he/she is related to a Board of Supervisors member in any of the following relationships: mother, father, son, daughter, brother, sister, grandmother, grandfather, grandson, granddaughter, great- grandfather, great-grandmother, aunt, uncle, nephew, niece, great-grandson, great-granddaughter, first-cousin, husband, wife, father-in-law, mother-in-law, daughter-in-law, stepson, stepdaughter, sister-in-law, brother-in-law, spouse's grandmother, spouse's grandfather, spouse's granddaughter, and spouses' grandson, registered domestic partner, relatives of a registered domestic partner as listed above. 8. A person will not be eligible to serve if the person shares a financial interest as defined in Government Code §87103 with a Board of Supervisors Member. Important Information 1. This application and any attachments you provide to it is a public document and is subject to the California Public Records Act (CA Government Code §6250-6270). 2. All members of appointed bodies are required to take the advisory body training provided by Contra Costa County. 3. Members of certain boards, commissions, and committees may be required to: 1) file a Statement of Economic Interest Form also known as a Form 700, and 2) complete the State Ethics Training Course as required by AB 1234. 4. Meetings may be held in various locations and some locations may not be accessible by public transportation. I CERTIFY that the statements made by me in this application are true, complete, and correct to the best of my knowledge and belief, and are made in good faith. I acknowledge and understand that all information in this application is publicly accessible. I understand and agree that misstatements and/or ommissions of material fact may cause forfeiture of my rights to serve on a board, committee, or commission in Contra Costa County. Questions about this application? Contact the Clerk of the Board at (925) 335-1900 or by email at ClerkofTheBoard@cob.cccounty.us THIS FORM IS A PUBLIC DOCUMENT RECOMMENDATION(S): APPOINT Kirk Schumacher to the Board of Supervisors Representative seat to complete the current term ending on April 30, 2020 and to a new term ending on April 30, 2024, and Paula Troy to the Board of Supervisors Alternate Representative seat to a term that will expire on April 30, 2022 on the Treasury Oversight Committee. BACKGROUND: In June 2014, the IOC reviewed Board Resolution Nos. 2011/497 and 2011/498, which stipulate that applicants for At Large/Non Agency-Specific seats on specified bodies are to be interviewed by a Board subcommittee. The Resolutions further permit a Board Committee to select a screening committee to assist in interviewing applicants for appointment. Upon review of the eligible seats, the IOC made a determination that it would conduct interviews for At Large seats on the following bodies: Retirement Board, Fire Advisory Commission, Integrated Pest Management Advisory Committee, Planning Commission, Treasury Oversight Committee, Airport Land Use Commission, and the Fish & Wildlife Committee; and that screening and nomination fill At Large seats on all other eligible bodies would be delegated each body or a subcommittee thereof. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Julie DiMaggio Enea (925) 335-1077 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 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:INTERNAL OPERATIONS COMMITTEE Date:December 17, 2019 Contra Costa County Subject:RECOMMENDATIONS FOR APPOINTMENT TO THE TREASURY OVERSIGHT COMMITTEE BACKGROUND: (CONT'D) The Treasury Oversight Committee is responsible for reviewing the County's investment policy, monitoring the performance of County investments, and reporting to the Board of Supervisors. The Committee is composed of seven statutory members and three alternates: County Superintendent of Schools or designee, a representative and an alternate of the Board of Supervisors or their designees, one representative and one alternate elected by a majority of the school and community college districts; one representative and one alternate elected by a majority of the special districts, three public members nominated by the County Treasurer and confirmed by the Board. The BOS Representative seat was recently vacated with the resignation of longstanding member and former County Auditor-Controller Don Bouchet. The current BOS Alternate Representative seat term will expire on April 30, 2022. On December 9, 2019, the IOC considered five candidates, and interviewed four, whose applications are attached, to determine today's recommendations. ATTACHMENTS Candidate Application_Kathy Chang_TOC Candidate Application_Ian Deas_TOC Candidate Application_Kirk Schumacher_TOC Candidate Application_Paula Troy_TOC Candidate Application_Jack Weir, Pleasant Hill Kathy Chang Cell: Email: November 1, 2019 Contra Costa County Boards and Commissions, I am interested in serving the Treasury Oversight Committee. I have more than 20 years of experience in local government finance, including treasury and investment among other responsibilities. 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 I strive for fiscal transparency, accountability, excellence and stewardship. Kathy Chang, CPA (retired) , Antioch, CA 94531 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. PAULA TROY Martinez, California 94553 ▪ SUMMARY OF EXPERIENCE Financial Services Professional with in-depth experience in client service and operational management. Proven record working with very large public fund clients that range in portfolio size and complexity. Recognized for establishing, nurturing, and retaining valuable clients and relationships. Known for working closely with a variety of partner organizations and internal departments in the coordination of services and information, ensuring that client needs are met. PROFESSIONAL EXPERIENCE AMG/STANTEC/CITY OF PLEASANT HILL/ TRANSPAC / 511 CONTRA COSTA Pleasant Hill, CA 2013-PRESENT Project Controls Specialist Management of project and program budgets, cost control functions including budgeting, estimating, and forecasting. Process invoices, expenditure tracking, compile monthly reimbursement invoices, payroll reconciliation and maintaining related records with Contra Costa Transportation Authority. Carpool Instead incentive distribution, coordination of the Contra Costa County Library’s Discover & Go transit promotion, Employer outreach, SchoolPool, and commute incentives. Maintain access databases and assist with audits. STATE STREET CALIFORNIA, INC., Alameda, California 1992 - 2011 Client Service Officer 1998 - 2011 Managed all aspects of client service relationships for 7 Public Fund Clients worth $35 billion. Facilitated client requests and deliverables, ensuring compliance with internal and external regulations, procedures, and controls while ensuring client satisfaction and retention. ▪ Implemented efficiencies with a significant reduction of exceptions by centralizing daily functions within the accounting team. ▪ Developed and implemented significant reductions through efficiencies and outsourcing, resulting in a reduction of turnover from 25% to 10%. ▪ Created procedure manuals for all online system access for daily and monthly activity for hedge fund/commingled portfolios. ▪ Researched, analyzed, and presented all P&L sheets in a clear concise form, projecting changes in revenue, operating income, cash position, and compensation calculations. ▪ Presented to Public Retirement Boards for service updates, education, RFP’s. ▪ Received the Quality Management Award. Client Service Manager 1995 - 1998 Managed 14 portfolio accountants and 3 Quality Control Specialists in a dynamic team environment. Maintained accurate daily fund accounting records for 21 Public Fund Clients. ▪ Increased client satisfaction through improved performance and delivery of vital financial information. ▪ Improved cash operation accuracy and efficiency, contributing to client satisfaction as indicated on client survey. Quality Control Specialist 1994 - 1995 Responsible for the training and development of new Portfolio Accountants. ▪ Developed and implemented operating procedures for consistency and improved delivery of client service at all levels. ▪ Ensured internal and external reporting met established quality standards and developed new processes/documents for complex client reporting. Portfolio Accountant 1992 - 1994 Responsible for accounting of securities of pension funds including general ledger accounting, pricing, and verification of daily financial statements. Proofed account balances on global and domestic funds as well. TRAINING AND EDUCATION Compliance (GASB40, GASB53), Money Laundering, and Diversity B.S. Business Administration, Finance concentration - California State University, Sacramento RECOMMENDATION(S): APPOINT Clayton Laderer to the At Large Alternate #3 seat on the Contra Costa County Fire Protection District Advisory Fire Commission to a term that will expire on June 30, 2022. BACKGROUND: On December 12, 2000, the Board of Supervisors approved a policy on the process for recruiting applicants for selected advisory bodies of the Board. This policy requires an open recruitment for all vacancies to At Large seats appointed by the Board. The Board also directed that the IOC personally conduct interviews of applicants for At Large seats on several boards, committees, and commissions including the Contra Costa County Fire Protection District Advisory Commission. The Contra Costa County Fire Protection District Advisory Fire Commission includes ten (10) seats that are appointed by the Contra Costa County Board of Supervisors: Five (5) Supervisors District seats, Two (2) At-Large seats, and Three (3) At-Large Alternate seats. The Advisory Fire Commission's purpose is to review and advise on annual operations and capital budgets, review Fire District expenditures; advise the Fire Chief on district service matters; and serve as liaison between the Board of Supervisors and the community served by the fire district. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Julie DiMaggio Enea (925) 335-1077 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 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:INTERNAL OPERATIONS COMMITTEE Date:December 17, 2019 Contra Costa County Subject:RECOMMENDATION FOR APPOINTMENT TO THE CONTRA COSTA FIRE PROTECTION DISTRICT ADVISORY COMMISSION BACKGROUND: (CONT'D) The IOC, on October 21, 2019, interviewed two candidates for the At-Large Alternate #3 seat vacancy on the Contra Costa County Fire Protection District Advisory Fire Commission, for a term that will expire on June 30, 2022. Six applications were received, but three of the six applicants were ineligible and one candidate did not appear for the interview. As a result of the interviews, the Committee recommends the appointment of Clayton Laderer to the At Large Alternate #3 seat. ATTACHMENTS Attachments Candidate Application_Clayton Laderer_CCCFPD Adv Fire Comm Submit Date: May 28, 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 * G.E.D. Certificate College/ University A Degree Awarded? Yes No College/ University B Clayton Laderer WALNUT CREEK CA 94596 Touro University MPH & MSPAS Western International University B.S. International Business Clayton Laderer 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? Yes No 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? Contra Costa County Fire Protection District - Advisory Fire Commission: Submitted Have you ever attended a meeting of the advisory board for which you are applying? Yes No District IV Clayton Laderer Page 2 of 4 Upload a Resume Please explain why you would like to serve on this particular board, commitee, or commission. While I have not attended the Contra Costa County Fire Board meetings, I have attended the San Ramon Fire District Board meetings approx 4 times in the past for various reasons. As a resident and a medical provider within Contra Costa County, I am very much interested in the type, quality, growth and efficiency of the emergency services offered by the Contra Costa County Fire District. As a retired Firefighter/Paramedic, I am intimately familiar of the equipment, operations, scheduling and budget aspects of a Fire Department/District. I would like to contribute in the continued development of the Fire District for our citizens and visitors of Contra Costa County. 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) Fire Department Experience, Pre-hospital experience, Physician Assistant, Clinic Management 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 C.laderer_AFC_Contra_Costa.docx Clayton Laderer 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 Clayton Laderer Page 4 of 4 Clayton Laderer 2255 Lariat ln., Walnut Creek, CA 94596 Cell: 415-305-4359 - c.laderer@yahoo.com May 28, 2019 Contra Costa County District RE: Fire Advisory Board Dear Sir or Ma’am, I am writing to request consideration for appointment to the Contra Costa County Fire Advisory Board. My background includes serving in the Fire Service as a Firefighter/Paramedic with extensive prehospital care, 4 years as a Physician Assistant. Currently, I am working in John Muir providing Urgent Care services and Electrophysiology Cardiac services within Contra Costas County. Recently, I served as the Clinic Supervisor for the Chevron Corporation Headquarters where I oversaw all clinic operations from budgeting, training, compliance, program management, etc. in addition to seeing patients. Provided trainings for communicable diseases, country risks, etc. to requesting business unit teams. I have also consistently endeavored to raise my knowledge and assist my community by taking on additional training positions in my spare time, such as EMT, ACLS, CPR, First Aid, PALS, and currently serving as a Lead Fire Instructor at Los Medanos College Fire Academy. Above and beyond my knowledge, strong work ethic, and desire to serve my community, you will find me the same gregarious type, hard worker, and someone who is easy to work beside and a pleasure to interact with. I’m a “down to earth” guy who immensely loves his wife and kids, community, has good friends, and who spends his down time working on home construction projects, being a pilot, working out at the gym, and anything else physically active. I respectfully, request your consideration for this appointment. Sincerely, Clayton Laderer c.laderer@yahoo.com CLAYTON LADERER 2255 Lariat ln. Walnut Creek, CA. 94596 EMAIL: c.laderer@yahoo.com | PHONE: 415-305-4359 PROFESSIONAL PROFILE Highly trained Physician Assistant, Firefighter, Paramedic, and pilot completed dual program for Master of Public Health and Master of Physician Assistant Studies. Career highlights include: 15 years’ Experience with Fire Department and US Military Management Experience Iraq War Zone Paramedic Experience (2004)Mission Focused FEMA Hurricane Katrina Response Experience (2005) Educator experience FEMA National Incident Management System Experience Liaison experience Academic Experience Master of Science (Physician Assistant); Touro University, August 2012 - June 2015 Master of Science (Public Health); Touro University, August 2012 - June 2015 Bachelor of Science (International Business); Western International University, October 2003 - Nov 2006 Associate of Science (Fire Science); Mesa Community College, June 2002 Work Experience Physician Assistant John Muir Urgent Care, Orinda CA. February 2018 – Present Sutter Urgent Care, Antioch, CA. October 2015 - Dec 2018 Provide urgent illness/injury evaluation and management. Perform procedures, such as, I&D's, sutures, splinting, injections, etc. Chevron Corporation, San Ramon, CA.July 2017 - July 2018 Perform various medical exams, travel health consults and biomedical surveillance exams. Responsible for clinic administration, budget, training, and staff supervision. Participate in clinic process improvement teams, liaison with other domestic and international medical clinics. Maintains and communicates expertise on health risk and specific country requirements to domestic and International staff. Coordinates clinic marketing by coordinating open houses and health fairs. Provide professional support on special projects and other activities when assigned by Regional Director. _____________________________________________________________________________________________ _____________________________________________________________________________________________ Northbay Healthcare, Fairfield, CA.August 2016 - July 2017 Provide Orthopedic Trauma care in the outpatient clinic, inpatient management, and first assist in surgery. *Full-Time Student May 2011 - August 2012 Prerequisite classes. Obtained prerequisite classes for PA school. Commercial Pilot (First Officer) SkyWest Airlines and Great Lakes Airlines.July 2010 - May 2011 Proficiently provided safe transport of passengers and assisted with hundreds of flight operations. Knowledgably communicated and coordinated with traffic control and ground crew. Constantly verified and managed technical flight information as operations progressed. Continually assessed passenger safety, including imminent and latent dangers to the airplane. Fire Service Fire Academy Instructor (Part-time)August 2012 - Present Los Medanos College. Expertly provide instruction in emergency equipment, fundamentals of fire ground operations, and response procedures. Develop, coordinate, manage, evaluate, and critique drill scenarios. Liaison with local Fire Departments concerning training & program development. Firefighter/Paramedic San Francisco Fire Department. August 2002 - February 2009 Tempe Fire Department. August 1998 - August 2002 Rural Metro Fire Department. April 1996 - August 1998 Expertly provided fire protection, prevention, training and emergency medical services. Entered hazardous environments to assess and gain control of natural disasters and accidents/incidents impacting public health and safety. Evaluated and treated victims of disasters and accidents as well as managed patient care on emergency scenes. Served as a Paramedic Preceptor. *Paramedic (took leave from SFFD to serve in Iraq)February 2004 - August 2004 KBR Services. Provided medical services to civilian contractors and Iraqi nationals in a war-zone environment. Competently established clinics at coalition sites, while supporting U.S. efforts in Operation Desert Storm/Shield. Set up clinics in Al Hillah and Karbala. General Manager June 1995 - April 1996 Hollywood Video. Managed store operations, including accounting, customer service, and human resources. Skillfully kept the store profitable, customers satisfied, and employees highly trained and motivated. Damage Control Fireman July 1993 - June 1995 U.S. Navy. Managed and provided shipboard fire protection. Organized, supervised, and critiqued training. Conducted inspections to ensure safety. Secret security clearance. Honorable Discharge. Professional License/Certification NCCPA Certified California State Physician Assistant National Registry & CA Paramedic Advanced Cardiac Life Support and Basic Life Support Pediatric Advanced Life Support International Trauma Life Support Advanced Medical Life Support Tactical Combat Casualty Care CA State Fire Instructor & Evaluator Firefighter I & II Hazardous Materials First Responder Confined Space Rescue Nuclear/Radiological Monitoring (Train-the- Trainer) Rope Rescue I & II IS-200, 300, 700, 800 RECOMMENDATION(S): REAPPOINT Dean E. Barbieri to the Member of the Bar seat on the Public Law Library Board of Trustees to a new one-year term expiring on December 31, 2020. BACKGROUND: In June, the IOC reviewed Board Resolution Nos. 2011/497 and 2011/498, which stipulate that applicants for At Large/Non Agency-Specific seats on specified bodies are to be interviewed by a Board subcommittee. The Resolutions further permit a Board Committee to select a screening committee to assist in interviewing applicants for appointment. Upon review of the eligible seats, the IOC made a determination that it would conduct interviews for the Member of the Bar seat of the Law Library Board of Trustees, among other seats. The Public Law Library Board of Trustees was established by State law and County Ordinance to maintain a law library in Martinez and a branch library in Richmond. The Board of Trustees is the governing body for the Law Library with the authority to determine personnel, fiscal, and administrative policies to fulfill the legal information needs of the community. The Internal Operations Committee annually reviews the appointment to the Member of the Bar seat, which term expires each December 31. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Julie DiMaggio Enea (925) 335-1077 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 17 To:Board of Supervisors From:INTERNAL OPERATIONS COMMITTEE Date:December 17, 2019 Contra Costa County Subject:RECOMMENDATION FOR APPOINTMENT TO THE PUBLIC LAW LIBRARY BOARD OF TRUSTEES BACKGROUND: (CONT'D) Staff opened a four-week recruitment for the Member of the Bar seat (see attached media release) on October 28 and received one letter of interest, attached, from incumbent Dean E. Barbieri. The IOC approved Mr. Barbieri's reappointment on December 9, 2019. ATTACHMENTS Law Library Media Release Letter of Interest_Dean Barbieri_Law Library Contra Costa County County Administrator’s Office • 651 Pine Street • Martinez, CA 94553 • contracosta.ca.gov Media Release FOR IMMEDIATE RELEASE Contact: Julie DiMaggio Enea Monday, October 28, 2019 Phone: (925) 335-1077 Email: julie.enea@cao.cccounty.us WOULD YOU LIKE TO SERVE ON THE CONTRA COSTA COUNTY PUBLIC LAW LIBRARY BOARD OF TRUSTEES ? The Contra Costa County Board of Supervisors is seeking applicants for the Public Law Library Board of Trustees. The Board of Trustees was established pursuant to State law and County Ordinance to maintain a law library in Martinez and a branch library in Richmond. The Board of Trustees is the governing body for the Law Library with the authority to determine personnel, fiscal, and administrative policies to fulfill the legal information needs of the community. County residents who are members of the State Bar and have an interest in public policy and library administration are encouraged to apply for this non-paid volunteer opportunity. The County Board of Supervisors will appoint to fill one vacancy for a one-year term ending on December 31, 20 20. The Board of Trustees normally meets on the last Thursday of the month at 12:15 p.m. in Martinez. Application forms can be obtained from the Clerk of the Board of Supervisors by calling (925) 335-1900 or by visiting the County webpage at contracosta.ca.gov. Applications should be returned to the Clerk o f the Board of Supervisors, Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553 no later than Friday, November 22, 2019 by 5 p.m. Applicants should plan to be available for public interviews in Martinez on Monday, December 9, 2019. More information about the Contra Costa Public Law Library can be obtained by calling Carey Rowan at (925) 646- 2783 or visiting the Law Library website at http://www.cccpllib.org. # # # # RECOMMENDATION(S): REAPPOINT Jim Payne to the Labor #2 seat and Tracy Scott to the Labor #2 Alternate seat, and APPOINT Ed Morales to the Environmental Organizations #2 Alternate seat on the Hazardous Materials Commission to terms that will expire on December 31, 2023. FISCAL IMPACT: No fiscal impact. BACKGROUND: In 2013, IOC reviewed Board Resolution Nos. 2011/497 and 2011/498, which stipulate that applicants for At Large/Non Agency-Specific seats on specified bodies are to be interviewed by a Board Committee. The IOC made a determination that it would delegate the screening and nomination of Hazardous Materials Commission candidates to the Commission, for review by the IOC. The Hazardous Materials Commission was established in 1986 to advise the Board, County Staff and the mayor's council members, and staffs of the cities within the County, on issues related to the development, approval and administration of the County Hazardous Waste Management Plan. Specifically, the Board charged the Commission with drafting a Hazardous Materials Storage and Transportation Plan and Ordinance, coordinating the implementation of the Hazardous Materials Release Response Plan and APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Julie DiMaggio Enea (925) 335-1077 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 18 To:Board of Supervisors From:INTERNAL OPERATIONS COMMITTEE Date:December 17, 2019 Contra Costa County Subject:RECOMMENDATION FOR APPOINTMENT TO THE HAZARDOUS MATERIALS COMMISSION BACKGROUND: (CONT'D) inventory program, and analyzing and developing recommendations regarding hazards materials issues with consideration to broad public input, and reporting back to the Board on Board referrals. The term for Labor #2 seat expired on December 31, 2019. The bylaws of the Commission provide that Labor #2 seat be nominated by a labor organization, screened by the Internal Operations Committee and appointed by the Board of Supervisors. The Contra Costa Labor Council has re-nominated Jim Payne for this seat and Tracy Scott as his alternate. Their letters of support are attached. The terms for these seats expire on December 31, 2023. The Environmental #2 alternate seat was declared vacant by the Board of Supervisors on July 9, 2019 and posted vacant by the Clerk of the Board. The by-laws of the Commission provide that Environmental #2 alternate seat be nominated by an environmental organization, but that no particular environmental organization will have an exclusive right to nominate an individual to this seat, and therefore which environmental organization is represented on the Hazardous Materials Commission rests with the Internal Operations Committee and ultimately the Board of Supervisors. The Hazardous Materials Commission advertised for this open seat (attached) and received one application. On October 24, 2019 the Commission voted unanimously to recommend that Ed Morales be appointed to this seat. His application and letter of recommendation from Sustainable Contra Costa are attached. The term for this seat expires on December 31, 2023. The IOC reviewed and approved these nominations on December 9, 2019. ATTACHMENTS Letter of Transmittal_HazMat Commission Recommendations CONTRA COST A COUNTY HAZARDOUS MAT ERIALS COMMISSION December 2, 2019 MEMO To: Internal Operations Committee From: Michael Kent, Executive Assistant to the Hazardous Materials Commission M k Re: Appointment Recommendations to the Hazardous Materials Commission The Hazardous Materials Commission was established in 1986 to advise the Board, County Staff and the mayor's council members, and staffs of the cities within the County, on issues related to the development, approval and administration of the County Hazardous Waste Management Plan. Specifically, the Board charged the Commission with drafting a Hazardous Materials Storage and Transportation Plan and Ordinance, coordinating the implementation of the Hazardous Materials Release Response Plan and inventory program, and to analyze and develop recommendations regarding hazards materials issues with consideration to broad public input, and report back to the Board on Board referrals. The term for Labor Seat #2 expired on December 31, 2019. The bylaws of the Commission provide that Labor Seat #2 be nominated by a labor organization, screened by the Internal Operations Committee and appointed by the Board of Supervisors. The Contra Costa Labor Council has re-nominated Jim Payne for this seat and Tracy Scott as his alternate. Their letters of support are attached. The terms for these seats expire on December 31, 2023. Environmental Seat #2 alternate was declared vacant by the Board of Supervisors on July 9, 2019 and posted vacant by the Clerk of the Board. The by-laws of the Commission provide that Environmental Seat #2 alternate be nominated by an environmental organization, but that no particular environmental organization will have an exclusive right to nominate an individual to this seat, and therefore which environmental organization is represented on the Hazardous Materials Commission rests with the Internal Operations Committee and ultimately the Board of Supervisors. The Hazardous Materials Commission advertised for this open seat (attached) and received one applicant. On October 24, 2019 the Commission voted unanimously to recommend that Ed Morales be appointed to this seat. His application and letter of recommendation from Sustainable Contra Costa are attached. The term for this seat expires on December 31, 2023. Members: George Smith, Chair, Rick Alcaraz, Jonathan Bash, Don Bristol, Fred Glueck, Frank Gordon, Mark Hughes, Steven Linsley, Jim Payne, Gabe Quinto, Mark Ross, Ralph Sattler, Leslie Stewart, 597 Center Ave., Suite 200 Martinez, CA 94553 (925) 313-6712 Executive Officers Steve Older, JAM D.l. 190 President Kevin Van Buskirk, SMW 104 Vice-President Dan Jameyson, SE/U 1021 Secretary-Treasurer Bambi Marien, UFCW 5 Sergeant-at-Arms Executive Board Rebecca Band, /BEW 1245 Brian Fealy, JAM 1173 Demetria Gonzalez Hoy, UTR Sue Guest, IFPTE 21 Gabriel Haaland, SEIU 1021 Felix Huerta, JUDE 5 Tim Jefferies, /BB 549 Anita Johnson, MDEA Doug Jones, SE/U-UHW Tom Lawson, UA 159 Michael Nye, CARA Nadine Peyrucain, AFSCME Ret. Tracy Scott, USW 5 Rachel Shoemake, /BEW 302 Vince Wells, IAFF 1245 Jonathan Wright, IFPTE 20 Council Staff Josh Anijar Executive Director Joe Summers Political Director Jervon Graves Community Organizer Central Labor Council Contra Costa County AFL-c10 October 17, 2019 Michael Kent Contra Costa Health Services Hazardous Materials Ombudsman 597 Center Avenue, Suite 100 Martinez, CA 94553-4640 michael.kent@hsd.cccounty.us Dear Mr. Kent, The Contra Costa Labor Council, AFL-CIO nominates the following as our representatives on the Contra Costa County Hazardous Materials Commission (Term: January 1, 2020 - December 31, 2023): Labor Seat #2 -USW 5 Jim Payne, Member Tracy Scott, Alternate Feel free to reach out should you have any questions or concerns. Sincerely, Joshua Anijar Executive Director ~-- Contra Costa Labor Council Cc: Jim Payne (JPayne@uswS.org ) Tracy Scott (TScott@usw5.org) :ontra Costa labor Council, AFL-CIO I 1333 Pine Street, Suite E, Martinez, CA 94553 I (925)228-0161 Contra Costa County BOARDS. COMMITTEES. AND COMMISSIONS APPLICATION First Name last Name I E /> e Address -Street &t Phone (best number to reach you) E [ Resident of Supervisorial District: ¥sl I Print Form l Please return completed applications to: Clerk of the Board of Supervisors 651 Pine St., Room 106 Martinez, CA 94553 or email to: ClerkoffheBoard@cob.cccounty.us Zip Code v EDUCATION Check appropriaf.e. ... b.px if you possess one of the following: oG.E.D. Certificate High School Diploma LJCA High Schoof Proficiency Certificate Course of Study/Major Degree Awarded Yes D No . -~ II Yes 0 No D Yes 0 No Other Training Completed: Board, Committee or Commission Name Seat Name I !IA?;ltRDat?S HA-7BL21AlS .--I D-1-v-:.E-t;1_n_m_e-~1t-}~-,""" ........ (-_)4-...--/-ie_r_n_t.t...,fe--~ Have you ever attended a meeting of the advisory board for which you are applying? D No J( Yes If yes, how many? r-1 _S_e ___ u,_,:;_..,;J_i4.......,...-L-------. Please explain why you would like to serve on this particular board, committee, or commission • . f A tu1 <c?. 60lA., u ( ,, 1vt /£1, • s s-; c ·1'1 ev~ iYL· .JL...,_ pt:t sl-r7el',~ s bk.J;..,1·' 0 14"-~/r.?1'1 S I }i ,__k_J1'1: G" r'I tJ ;'{.j/1 ,'1.4~ _'! ,-? f"' €~ ('-;.,,, J ,,(, ? o.J Cc ~ 4 bt:ttfk{ /Jl f: ""1er ¥ . , ~vr,,titliv~L~ ft .. 1,frti: (<Jsh .1 _I. l~lU/!c. .. :f c.1.,4.t 1Y1 }1~~d,/ ~~c.;~1.. tdttJ-11 ~, -../413 S&..1,, Describe your qualifications for this appointment. (NOTE: you may also include a copy of your resume with this application) . 7 hr:ttu. 6'l;~.·-.sr>,-z.~ ,~(y (l";;Je,'<'t°i.-ic_c_ i~ .. fL,,,,~. {J [~01t.Jn·nc~il'Lf.. 1<...;,,,k_ JNu11,,.~£'J1\t:h-f-e..tuf: /!A;(! )J~ u •''€.s;d.,,,.<--f •l /1/14.1«/,',ie.}-f,,.,,· 2D,Ytr5 . I am including my resume with this application: Please check one: D Yes ~No I would like to be considered for appointment to other advisory bodies for which I may be qualified. Please check one: D Yes )fl No THIS FORM IS A PUBLIC DOCUMENT Are you currently or have you ever been appointed to a Contra Costa County advisory board? Please check one: itr Yes 0 No List any volunteer and community experience, including any boards on which you have served. ,lt $/--(.{}/YIJ/d~ 5;_,~lf1 er~ ~ _,fe< ;tJt«t.f-c:;.-, )~ ~ i S. S1\.1·1, e..-~·.· ·i >lilt:.Yl f/t.:t/ I S-.1.s {, ~·v1 ti b le: Cd rf, t, Ce-:s~'l:<. . . . ~ . ' ,,-£, )11t:];-;7)Je1/'-l-.J)'1Sf1l'u£.~~I'-'b /}{«1·h~·1e_~ (cNt11'1fvi'1/j bt'Vlt-:!.~..tt<;.7 12e ~;otl~Je. feu1t,f(..E£? Do you have a familial relationship with a member of the Board of Supervisors? (Please refer to the relationships listed below or Resolution no. 2011/55) Please check one: D Yes ~ No If Yes, please identify the nature of the relationship: Do you have any financial relationships with the county, such as grants:, contracts, or other economic relationships? Please check one: 0 Yes )i No If Yes, please identify the nature of the relationship: I CERTIFY that the statements made by me in this application are true, complete, and correct to the best of my knowledge and belief, and are made in good faith. I acknowledge and understand that all information in this application is publicly accessible. I understand and agree that misstatements and/or ommissions of material fact may cause forfeiture of my rights to serve on a board, committee, or commission in Contra Costa County. Signed: 7 ~ ·. Date: 7-2 f?--/7 Submit this application to: Clerk of the Board of Supervisors 651 Pine St., Room 106 Martinez, CA 94553 OuC'c;t,ons about this oppliration? Conracr rne Cle1 k o1 the Boan .. at (925) 335-1900 or by email ( ·, Clf. r kof TheBoord<J...i>coh ru 'J"nt u .. Important Information 1. This application and any attachments you provide to it is a public document and is subject to the California Public Records Act (CA Government Code §6250-6270). 2. All members of appointed bodies are required to take the advisory body training provided by Contra Costa County. 3. Members of certain boards, commissions, and committees may be required to: 1) file a Statement of Economic Interest Form also known as a Form 700, and 2) complete the State Ethics Training Course as required by AB 1234. 4. Meetings may be held in various locations and some locations may not be accessible by public transportation. 5. Meeting dates and times are subject to change and may occur up to two (21 days per month. 6. Some boards, committees, or commissions may assign members to subcommittees or work groups which may require an additional commitment of time. 7. As indicated in Board Resolution 2011/55, a person will not be eligible for appointment if he/she is related to a Board of Supervisors member in any of the following relationships: mother, father, son, daughter, brother, sister, grandmother, grandfather, grandson, granddaughter, great- gra ndfather, great-grandmother, aunt, uncle, nephew, niece, great-grandson, great-granddaughter, first-cousin, husband, wife, father-in-law, mother-in-law, daughter-in-law, stepson, stepdaughter, sister-in-law, brother-in-law, spouse's grandmother, spouse's grandfather, spouse's granddaughter, and spouses' grandson, registered domestic partner, relatives of a registered domestic partner as listed above. 8. A person will not be eligible to serve if the person shares a financial interest as defined in Government Code §87103 with a Board of Supervisors Member. THIS FORM IS A PUBLIC DOCUMENT \\I// G') ,SUst~ivt~b e CoNrR/\ CosrA Michael Kent, Ombudsman Contra Costa Health Services Hazardous Materials Ombudsman 597 Center Ave., Suite 100 Martinez, CA 94553 ( inspire ( educate r collaborate Re: Support for Ed Morales on Hazardous Materials Commission Dear Mr. Kent, ( demonstrate July 27, 2019 Sustainable Contra Costa is pleased to nominate Ed Morales to the Contra Costa County Hazardous Materials Commission for the Environmental Alternate position. Mr. Morales has a strong skill set for this position with extensive experience as an environmental consultant and a strong understanding of hazardous materials and chemistry. Mr. Morales is a pleasure to work on the Board of Directors for Sustainable Contra Costa. He relates well with others, participates consistently, and responsibly contributes to the wellbeing of the organization. He is committed to preserving and protecting our natural environment, while also considering economic perspectives. Sustainable Contra Costa (SCOCO) is a community of citizens, organizers, leaders and educators working together to inspire healthy, connected and regenerative communities for all, since 2008. We envision a world where everyone, everywhere can live happy, healthy lives within the limits of our planet, leaving space for wildlife and wilderness. Clean, fresh water must be protected for the health and happiness of all. Achieving our sustainability goals requires partnerships and organizations that work in concert at every level. If selected for this position, I know that Mr. Morales will serve with honor and be a beneficial and positive member of the Hazardous Materials Commission. Please feel free to contact me with any questions. Sincerely, Tina Neuhausel President, Sustainable Contra Costa tina@sustainablecoco.org 415-302-2350 Sustainable Contra Costa I 501 c3 Nonprofit Organization • Tax ID #30-0670501 www.sustainablecoco.org I info@sustainablecoco.org I 2156 Stewart Ave, Walnut Creek 94596 ** PLEASE POST or DISTRIBUTE ** CO NTRA COSTA COU NTY HAZARDOUS MATERIALS CO MM ISSIO N SEEKS APPLICA NTS DO HAZARDOUS MATERIALS POLICY ISSUES INTEREST YOU? The Contra Costa County Hazardous Materials Commission is seeking applicants to fill an Environmental Seat Alternate. You may apply if you ... > are nominated by an environmental organization; > live or work in Contra Costa County; > have demonstrated knowledge of hazardous materials issues; > have an understanding of, and a commitment to, the principles of Environmental Justice, as defined in County policy; > can periodically attend regular Commission meetings and a monthly Committee meeting when needed. The Commission is a voluntary body appointed by the Board of Supervisors, and makes policy recommendations to the Board and County staff on issues concerning hazardous materials and hazardous waste. The Commission's 13 members and alternates serve four-year terms and include representatives of industry, labor, civic groups, environmental organizations, environmental engineers, the general public, and the Mayors Conference. To obtain an application form, or for further information, contact Michael Kent, Executive Assistant to the Commission, at (925) 313-6587. Applications may also be obtained from the Clerk of the Board located at 651 Pine Street 1st Floor, Martinez CA 94553. You may also download an application from the County's website: http://www.co.contra-costa.ca.us/DocumentCenterNiew/6433 Filing Date: Applications must be received by August 30, 2019 and mailed to the Clerk of the Board. Interviews for qualified applicants will take place from 10:00 am -12:00 pm on September 13, 2019 at the North Richmond Center for Health, 1501 Fred Jackson Way, North Richmond. Members: George Smith -Chair, Rick Alcaraz, Jonathan Bash, Don Bristol, Fred Glueck, Frank Gordon, Mark Hughes, Steven Linsley, Jim Payne, Gabe Quinto, Mark Ross, Ralph Sattler, Leslie Stewart, 597 Center Avenue, Suite 200, Martinez CA 94553 Phone (925) 313-6712 Fax (925) 313-6721 RECOMMENDATION(S): APPOINT the following individuals to the Integrated Pest Management (IPM) Advisory Committee: Dr. Andrew Sutherland, UC IPM Program, resident of Martinez, to the public seat representing an environmental organization; and Kimberly Hazard, resident of Richmond, to the public seat for a representative from the County Sustainability Commission; and Teri Rie, from the Public Works Department, to the ex-officio, voting seat for a representative of the County/Unincorporated County Storm Water Program; and REAPPOINT the following individuals to the IPM Advisory Committee: Susan Heckly, resident of Pleasant Hill, to the public seat for a representative from the County Fish and Wildlife Committee; and Carlos Agurto, Pestec IPM Provider, resident of Antioch, to the County Pest Management Contractor seat: APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Randall Sawyer, 925-335-3210 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Wade Finlinson, Marcy Wilhelm C. 19 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 17, 2019 Contra Costa County Subject:Appointment to the Integrated Pest Management Advisory Committee FISCAL IMPACT: There is no fiscal impact for this action. BACKGROUND: Except for the Environmental Organization and the Stormwater Program Representative seats, the terms end on December 31, 2019 for all other seats listed above. The Environmental Organization seat has been vacant since August 2018. The Stormwater seat has no term limit; the previous occupant recently retired. Current IPM Advisory Committee Membership (from the Committee’s bylaws): The membership of the Committee shall be composed of the following: 1. Four (4) ex-officio, non-voting members as follows: a. Agricultural Commissioner, or designee b. Public Works Facilities Maintenance Manager, or designee c. Public Works Deputy Director, or designee d. A current Structural Pest Management contractor with the Public Works Facilities Maintenance Division 2. Eight (8) voting members as follows: a. Two (2) ex-officio members: Health Services Department representativei. County/Unincorporated County Stormwater Program representativeii. b. Six (6) public members: Public and Environmental Health Advisory Board representativei. County Fish and Wildlife Committee representativeii. Three (3) Type 2, “At Large Appointments,”iii. One (1) Type 3, “At Large Appointment,” for an environmental organization with either 501(c)(3) or 501(c)(4) status iv. 3. One (1) Type 3, “At Large Appointment” for a Public Member – Alternate. Term Expirations The term expirations for the appointments made under this Board Order will be as follows: Andrew Sutherland, Environmental Organization Type 3 At-Large Seat: December 31, 2022 Kimberly Hazard, Sustainability Commission Representative: December 31, 2023 Teri Rie, Stormwater Program Representative Seat: None Susan Heckly, Fish and Wildlife Committee Representative: December 31, 2023 Carlos Agurto, County Structural Pest Management Contractor Representative: December 31, 2023 Environmental Organization Seat The IPM Coordinator recruited for this seat in Fall of 2018 and again during the Fall of 2019. Dr. Sutherland is the only applicant. His application, C.V., and letter of organizational support are attached. Nomination by the Commissions/Committees Represented The Sustainability Commission nominated Kimberly Hazard on September 26, 2019. The Fish and Wildlife Committee nominated Susan Heckly on November 20, 2019. Staff and Contractor Seats Teri Rie is replacing Cece Sellgren as the Stormwater Program representative. Carlos Agurto remains the account manager for Pestec, who currently provides structural IPM services as a contractor with the Public Works Facilities Division. ATTACHMENTS Application- Sutherland, A. RECOMMENDATION(S): APPOINT Daniel Peddycord, R.N. as Alternate to Chris Farnitano, M.D. on the Contra Costa First 5 Children & Families Commission. FISCAL IMPACT: There is no fiscal impact for this action. BACKGROUND: Ordinance 99-15 (County Children and Families First Commission – Proposition 10) established Contra Costa’s Commission to complement Proposition 10, adopted on November 3, 1998. Section 26-14.008 describes the process for Board appointment of alternate commissioners to include appointing the nominee proposed by the County Health Officer as the alternate for the County Health Officer. Lorena Martinez-Ochoa, the most recent alternate to the County Health Officer, retired from County service in March 2019. The County Health Officer recommends the appointment of Daniel Peddycord, R.N., Public Health Director, to serve as his alternate to the Children & Families Commission. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Anna Roth, 925-957-5403 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Marcy Wilhelm, Jackie Peterson C. 20 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 17, 2019 Contra Costa County Subject:Appointment of Daniel Peddycord, R.N. as Alternate on First 5 Commission CONSEQUENCE OF NEGATIVE ACTION: If this appointment is not approved, the County Health Officer will not have anyone serving as his alternate on the Children & Families Commission. RECOMMENDATION(S): APPOINT Shannon Mahoney to the Victims' Representative seat on the Community Corrections Partnership with a term expiring on December 31, 2020. FISCAL IMPACT: No fiscal impact. BACKGROUND: Each year, the Public Protection Committee (PPC) reviews the membership of the Community Corrections Partnership (CCP) and makes recommendations for appointment to non ex-officio seats to the Board of Supervisors. At the September 30, 2019 PPC meeting, the Board was provided with a report on the victims' representative vacancy on the CCP board. The PPC then determined to proceed with an 6-week recruitment and selection process. By the end of the application period on November 22, 2019, four applications for the victims' representative vacancy were received. At the PCC meeting on December 2, 2019, the four applications were considered and two applicants were interviewed. Following consideration, the PPC recommended Shannon Mahoney for appointment to the CCP with a term ending on December 31, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: County Administrator (925) 335-1089 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 21 To:Board of Supervisors From:PUBLIC PROTECTION COMMITTEE Date:December 17, 2019 Contra Costa County Subject:APPOINT Shannon Mahoney to the Victims' Representative seat on the Community Corrections Partnership with a term expiring on December 31, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the Victims' Representative seat will remain vacant. CLERK'S ADDENDUM Speaker: Rebecca Brown, Further The Work. RECOMMENDATION(S): ACCEPT resignation of Richard Clark, DECLARE vacant the At Large 2 seat on the County Planning Commission, and DIRECT the Clerk of the Board to post the vacancy. FISCAL IMPACT: No fiscal impact. BACKGROUND: Longtime Planning Commissioner Richard Clark resigned his seat on December 11, 2019 (see attached letter). In accordance with Government Code section 54974, a notice of vacancy must be posted not later than 20 days after the vacancy occurs. At Large seats on the Planning Commission are recruited and screened by the Internal Operations Committee for consideration and appointment by the Board of Supervisors. With this declaration, staff will initiate recruitment on behalf of the Committee. CONSEQUENCE OF NEGATIVE ACTION: Inaction or negative action today will cause the County to not be in compliance with State law and delay a new appointment to the Planning Commission. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Julie DiMaggio Enea (925) 335-1077 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: CAO-Muni Svcs Deputy C. 22 To:Board of Supervisors From:David Twa, County Administrator Date:December 17, 2019 Contra Costa County Subject:DECLARE A VACANCY ON THE COUNTY PLANNING COMMISSION ATTACHMENTS Ltr of Resignation_Richard Clark_Planning Commission_12-11-19 RECOMMENDATION(S): APPROVE Appropriations and Revenue Adjustment No.005031 authorizing new revenue in the amount of $467,991 from the Office of Systems Integration (OSI) on behalf of the California Statewide Automated Welfare System (CalSAWS) project, and appropriating it for FY 19/20 in the Employment and Human Services Department (EHSD) budget. FISCAL IMPACT: An additional $467,991 of staffing funds has been allocated to EHSD to cover the increase in activities by County Personnel in the design and implementation of the new CalSAWS system. The funding is a mix of Federal and State funding with no additional net county cost. BACKGROUND: Contra Costa County has been using the California Welfare Information Network (CalWIN) since 2005. The 18 counties in the CalWIN Consortium are in the process of migrating to a new statewide consortium over the next 2-3 years. Significant work is being conducted by each county as the details of this migration to the new system are being decided. Contra Costa County is actively participating in this venture in order to ensure a smooth transition from CalWIN to CalSAWS. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Erik Brown, 925-608-4832 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 23 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:December 17, 2019 Contra Costa County Subject:CalSAWS Allocation Increase for FY 19/20 CONSEQUENCE OF NEGATIVE ACTION: Failure to apply resources to this project will inhibit our ability to ensure that current functionality in the CalWIN system is incorporated into the new CalSAWS system. AGENDA ATTACHMENTS TC24/27_AP005031 MINUTES ATTACHMENTS Signed: Appropriations & Adjustment No. 5031 RECOMMENDATION(S): Acting as the Governing Board of the Contra Costa County Fire Protection District, APPROVE Appropriation and Revenue Adjustment No.005023 authorizing new revenue in the amount of $3,500,000, from Contra Costa County Fire Protection District fund balance, and appropriating it in the CCCFPD Capital Construction Fund to fund the construction of a new Fire Station 70 in San Pablo and the initial planning and design phases of fire station construction projects in Pacheco and at Buchanan Field Airport in Concord. FISCAL IMPACT: 100% CCCFPD General Operating Fund Reserves. The District will continue to meet its Board-approved policy to maintain General Fund reserves in an amount not less than 10% of budgeted expenditures. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Jackie Lorrekovich, Chief, Administrative Services (925) 941-3300 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 24 To:Contra Costa County Fire Protection District Board of Directors From:Lewis T. Broschard III, Chief, Contra Costa Fire Protection District Date:December 17, 2019 Contra Costa County Subject:Appropriation and Revenue Adjustment - Fire Station Construction Projects BACKGROUND: The Contra Costa County Fire Protection District (District) has broken ground on a new Fire Station 70 in the City of San Pablo. The approximate cost of that project is $13.5 million. The City of San Pablo will reimburse the District for $4.5 million in project costs. The remaining construction costs will come from District reserves. The District has a 10% General Fund Reserve Policy. Currently, reserves far exceed the required 10%. In previous discussions with CAO staff, there was consensus to fund the construction costs for Fire Station 70 from reserves. Initial planning and design is underway for a new Fire Station 86 in Bay Point and a new Fire Station 9 at the Buchanan Field Airport in Concord. These construction projects will likely require external funding. As part of the FY 2019-20 preliminary budget adoption process, the District requested the establishment of a capital construction fund for current and future major construction projects, to include Fire Stations 70, 86, and 9. The District requested to transfer $10 million in General Fund reserves to the new capital construction fund to complete Fire Station 70 and begin planning and design work on Fire Station 86 and Fire Station 9. On July 9, 2019, the District Board of Directors adopted Resolution No. 2019/1 establishing the "CCCFPD Capital Construction Fund" within the County Treasury. The Board also authorized the County Auditor-Controller to transfer $10 million from the CCCFPD General Operating Fund (Fund No. 202000) to the new CCCFPD Capital Construction Fund (Fund No. 202500). This action today authorizes the appropriation of a portion of those funds for following project costs during fiscal year 2019-20: Fire Station 70 Construction Fire Station 9 Initial Planning and Design Fire Station 86 Initial Planning and Design CONSEQUENCE OF NEGATIVE ACTION: The Fire Station 70 construction project has been approved by the Board and is currently underway. This action appropriates funds to the project for the current fiscal year. This action also allows for some planning and design expenditures for a new Fire Station 9 and a new Fire Station 86. AGENDA ATTACHMENTS TC24/27 AP005023 MINUTES ATTACHMENTS Signed: Appropriations & Adjustments No. 5023 RECOMMENDATION(S): ADOPT a position of "Support" on S. 2626, the Restoring Health Benefits for Justice-Involved Individuals Act, which would allow for continued access to Medicare, the Children's Health Insurance Program (CHIP) and veterans' health benefits while an individual is awaiting trail, and S. 2628, the Equity in Pretrial Medicaid Coverage Act, which supports continued access to Medicaid benefits while an individual is awaiting trial. Authorize the Chair of the Board to communicate this position to the County's congressional delegation, and direct staff to incorporate the principle into the 2020 Federal Platform. FISCAL IMPACT: By eliminating the Medicaid inmate exclusion and allowing federal safety-net benefits to cover pretrial detainees, these bills would promote care continuity for justice-involved individuals, decrease short-term costs to taxpayers and county governments as well as long term costs to the federal government, and break cycles of recidivism in our communities. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 25 To:Board of Supervisors From:David Twa, County Administrator Date:December 17, 2019 Contra Costa County Subject:Support for Legislation that Strengthens Counties' Ability to Address Health Care in Jails BACKGROUND: The Medicaid Inmate Exclusion Policy (MIEP) strips federal health benefits from individuals admitted to jail before they are convicted of a crime. This policy violates constitutional rights and individuals' fundamental presumption of innocence. Further, it strains our local judicial, law enforcement, public safety and human services systems and results in higher rates of recidivism and poorer health outcomes. The MIEP contributes to the overincarceration of individuals suffering from mental and behavioral health crises, making jails the largest behavioral health providers in the nation. There are currently two bills in the U.S. Senate that would aid pre-trial individuals who have not yet been convicted of a crime: S. 2626, the Restoring Health Benefits for Justice-Involved Individuals Act, which would allow for continued access to Medicare, the Children's Health Insurance Program (CHIP) and veterans' health benefits while an individual is awaiting trial. S. 2628, the Equity in Pretrial Medicaid Coverage Act, which supports continued access to Medicaid benefits while an individual is awaiting trial. Currently, under what is known as the Medicaid inmate exclusion, federal law prohibits the use of federal funds and services, such as veterans’ benefits, Medicaid and Children’s Health Insurance Program (CHIP) benefits, for medical care provided to inmates of public institutions. However, the law makes no distinction between a convicted inmate and a person incarcerated prior to conviction, thereby denying federal benefits to individuals who are still presumed innocent under the Constitution. Additionally, because serious mental illnesses are three to four times more common among local inmates than the general population, the nation’s mental health crisis is increasingly centered in our jails, with county jails among the largest behavioral health care providers in our communities. By eliminating the Medicaid inmate exclusion and allowing federal safety-net benefits to cover pretrial detainees, these bills would promote care continuity for justice-involved individuals, decrease short-term costs to taxpayers and county governments as well as long term costs to the federal government, and break cycles of recidivism in our communities. The National Association of Counties (NACo) urges counties to request our Senators to co-sponsor these bills and request our U.S. House Members to introduce legislation that would restore pretrial detainee access to federal health benefits. This position is recommended by Health Services Director Anna Roth as well as former director Dr. William Walker, who noted that this action would promote equity and budget savings. RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 22502 to cancel one (1) Clerk Experienced Level (JWXB) (represented) position #4182 at Salary Plan and Grade 3RH 0750 ($3,206 - $3,978), and add (1) Clerical Supervisor (JWHF) (represented) at Salary Plan and Grade K6X 1290 ($4,569 – $5,835) in the Employment and Human Services Department (EHSD), Administrative Support Services Bureau. FISCAL IMPACT: Approval of this personnel action will have an annual cost increase of $36,433, with a pension cost increase of $10,437. This will be funded by 44% Federal revenue, 51% State revenue, and 5% County funds. BACKGROUND: The Staff Development Division shares an office space at 2600 Stanwell Drive, Concord, where ninety-six (96) EHSD staff members are located. Due to a number of changes that include a reorganization of assignments and retirements, the 2600 Stanwell office has been left without a Building Supervisor role to manage on-site safety duties, which is the practice at other EHSD locations. Consequently, Staff Development Division Manager assumed the responsibility of Building APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Bao Tran, (925) 608-5027 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Bao Tran C. 26 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:December 17, 2019 Contra Costa County Subject:Cancel One Clerk Experienced Level and Add One Clerical Supervisor in the Employment and Human Services Department BACKGROUND: (CONT'D) Supervisor, which includes the following duties: ensuring staff have access to the building, conducting and monitoring emergency safety protocols, fire and earthquake drills, handling building complaints, processing work orders, ergonomics, equipment, and relocation of staff. Also, a clerical team consisting of three (3) Clerks is currently operating without a direct supervisor. With current business and operational needs, it is more critical to have a Clerical Supervisor position rather than an Experienced Level Clerk to support the building functions and the Staff Development clerical team. The new Clerical Supervisor position will report to the Staff Development Division Manager, who will also have complete oversight of the building facility. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, EHSD will not have supervisor support for the Staff Development functions. Additionally, there would be no supervisor to perform critical building duties to ensure the health and safety of employees housed at Stanwell. AGENDA ATTACHMENTS AIR 39161 P300 22502 MINUTES ATTACHMENTS Signed P300 22502 POSITION ADJUSTMENT REQUEST NO. 22502 DATE 8/9/2019 Department No./ Department Employment and Human Services Budget Unit No. Org No. 5109 Agency No. A19 Action Requested: cancel one (1) Clerk Experienced Level (JWXB) (represented),and add (1) Clerical Supervisor (JWHF) (represented). Proposed Effective Date: 9/1/2019 Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary) associated with request: $0.00 Estimated total cost adjustment (salary / benefits / one time): Total annual cost $113,293 Net County Cost $0.00 Total this FY $94,410.00 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 44% Federal revenue, 51% State revenue, and 5% County cost Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Bao Tran 608-5027 ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Julia Taylor 8/12/19 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 11/18/2019 Add one Clerical Supervisor (JWHF) (represented) position and cancel one Clerk Experienced Level (JWXB) (represented) position number 4182 Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) Gladys Scott Reid 11/18/2019 ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE Approve Recommendation of Director of Human Resources Di sapprove 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 CONSTITU TES 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 11/22/2019 No. xxxxxx 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year-to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefit s Costs : b. Support Cost s : (services, supplies, equipment, etc.) c . Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c . financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resources Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 22508 to reallocate the salary of the Deputy County Librarian (3AFE) (unrepresented) classification on the Salary Schedule from Salary Plan and Grade B85 1983 ($9,102.11 - $11,063.68) to Salary Plan and Grade B85 1983 ($10,870.08 - $13,212.66) in the Library Department. FISCAL IMPACT: Upon approval, this action will result in an annual cost to the Library Fund of approximately $62,073. No fiscal impact to the County general fund. BACKGROUND: The County Librarian is requesting that the classification of Deputy County Librarian be reallocated on the salary schedule to better recruit and retain employees. For approximately 10 years, one of the Deputy County Librarian positions has remained largely vacant; then filled for less than two years. The Library anticipates at least one retirement in the Deputy County Librarian class in fiscal year 2019-20. In order to encourage the best pool of possible candidates to fill any vacancies, as well as to retain them after hire, the Library must offer more competitive compensation. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Melinda Cervantes, (925) 608-7700 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Melinda Cervantes C. 27 To:Board of Supervisors From:Dianne Dinsmore, Human Resources Director Date:December 17, 2019 Contra Costa County Subject:Reallocate the salary of the Deputy County Librarian on the Salary Schedule CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, this classification will not be appropriately compensated and the Library will experience difficulty attracting and retaining candidates and may be detrimentally impacted by the loss of highly trained personnel. AGENDA ATTACHMENTS P300 22508 Dep Co Librarian Salary Reallocation MINUTES ATTACHMENTS Signed P300 22508 POSITION ADJUSTMENT REQUEST NO. 22508 DATE 8/23/2019 Department No./ Department Library Budget Unit No. 0621 Org No. 3702 Agency No. 85 Action Requested: Reallocate Deputy County Librarian (3AFE) on the salary schedule from salary plan and grade B85 1983 ($9102.11 - $11,063.68) with five merit steps to salary plan and grade XXX XXXX ($10,352.46 - $13,212.66) with six merit steps. Proposed Effective Date: 12/18/2019 Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary) associated with request : 0.0 Estimated total cost adjustment (salary / benefits / one time): Total annual cost $62,073.00 Net County Cost Total this FY $33,000.00 N.C.C. this FY SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% Library Fund Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Melinda S. Cervantes ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT BR for JE 8/30/2019 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 11/27/2019 Reallocate the salary of the Deputy County Librarian (3AFE) (unrepresented) classification on the Salary Schedule from Salary Plan and Grade B85 1983 ($9,102.11 - $11,063.68) to Salary Plan and Grade B85 1983 ($10,870.08 - $13,212.66) Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) Gladys Scott Reid 11/27/2019 ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 12/10/2019 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Julie DiMaggio Enea Other: ____________________________________________ ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 REQUEST FOR PROJECT POSITIONS Department Date 12/10/2019 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 Projec t: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year -to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefit s Costs : b. Support Cost s : (services, supplies, equipment, etc.) c . Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c . financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resources Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 22559 to establish the classification of Fire Control Worker (RBW2) (unrepresented) at salary plan and grade F85 1002 ($16.50 hourly) in the Contra Costa County Fire Protection District. FISCAL IMPACT: If approved, the fiscal impact for ten workers will be approximately $197,600 annually. That calculation includes temporary wages and statutory rollups. The projected start date for the workers is May 2020. Therefore, the cost for FY 2019-20 should not exceed $65,900. The District currently has a temporary wage appropriation of $300,000 (and other necessary appropriations for statutory rollups) for FY 2019-20 in the CCCFPD General Fund Budget. BACKGROUND: The Contra Costa County Fire Protection District (District) proposes establishing a seasonal summer hand crew to provide ongoing wildland and vegetation management as well as meet the critical need for immediate vegetation fire responses. The proposed classification for the hand crew will be Fire Control Worker. The first APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Holly Trieu 925-941-3300 ext. 1301 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 28 To:Contra Costa County Fire Protection District Board of Directors From:Lewis T. Broschard III, Chief, Contra Costa Fire Protection District Date:December 17, 2019 Contra Costa County Subject:Establish Classification of Fire Control Worker (unrepresented) in the Contra Costa County Fire Protection District BACKGROUND: (CONT'D) hand crew will begin in spring 2020 and will be comprised of eight (8) to twelve (12) Fire Control Workers at a full time (40 hour) schedule from May through October. The hand crew will be responsible for projects focusing on community risk reduction. Examples are weed and hazard abatement of targeted properties, creating and maintaining community fire breaks, and assisting with other risk reduction projects benefiting the community. Utilized at wildland fire incidents, the hand crew will decrease time on task for higher cost engine companies engaged in fire suppression. Hand crew members would be utilized to load hose, replace broken equipment, and otherwise assist engine companies to return to service more quickly. The hand crew will work to overhaul the fire and may be tasked to remain on scene of an incident to monitor the area for re-ignition. The District will benefit from being allowed to release engine companies from these extended fire incidents sooner, thus allowing them to be available for subsequent emergency incidents and decreasing response times. CONSEQUENCE OF NEGATIVE ACTION: The District will not be able to proactively participate in community risk reduction projects. Engine companies will continue to experience extended times on task during large wildland fires necessitating move-up and cover from other areas of the District, expanding coverage areas, and lengthening emergency responses. AGENDA ATTACHMENTS P300 No. 22559 MINUTES ATTACHMENTS Signed P300 22559 POSITION ADJUSTMENT REQUEST NO. 22559 DATE 11/8/2019 Department No./ Department Contra Costa County Fire Protection District Budget Unit No. 7300 Org No. 7300 Agency No. 70 Action Requested: Establish the temporary classification of Fire Control Worker (unrespresented) at salary plan and grade F85 1002 ($16.50) in the Contra Costa County Fire Protection District. Proposed Effective Date: 01/01/2020 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 $197,600.00 Net County Cost $0.00 Total this FY $65,900.00 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% CCCFPD (Special District) General Fund Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Jackie Lorrekovich ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Paul Reyes 11/22/2019 ___________________________________ ________________ Deputy County Admini strator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 12/2/2019 Establish the temporary classification of Fire Control Worker (RBW2) (unrespresented) at salary plan and grade F85 1002 ($16.50) in the Contra Costa County Fire Protection District. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) Elizabeth Loud 12/2/2019 ___________________________________ ________________ (for) Director of Human Res ources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 12/10/2019 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Paul Reyes Other: ____________________________________________ ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 REQUEST FOR PROJECT POSITIONS Department Date No. 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 Resolution No. 22556 to add six (6) Principal Planner Level A (5AHD) positions (represented) at salary plan and grade ZA2 1871 ($8,389 - $10,222) in the Department of Conservation and Development. FISCAL IMPACT: The total cost of adding these positions is approximately $1,094,630 to the Land Development Fund. However, Principal Planner positions are typically filled internally. As such, assuming internal promotions and no backfill of the resulting vacancies, the net cost would be $209,743, which includes approximately $32,052 in pension costs. BACKGROUND: The Department of Conservation and Development (DCD) has an immediate need to add six Principal Planner Level A positions. Principal Planners are management level Planners responsible for major elements of land use, infrastructure planning, and or specialized community-related programs. These positions provide program management support and oversight to the work performed by junior Planners. The added positions will be assigned to various areas within the department, including, Planning, Transportation Planning, Water and Resource Conservation, Solid Waste, Housing and Community Improvement, Sustainability, and Conservation and Economic Development. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Kelli Zenn, 925-674-7726 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: sylvia Wong C. 29 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:December 17, 2019 Contra Costa County Subject:Add Six (6) Principal Planner - Level A positions in the Department of Conservation and Development BACKGROUND: (CONT'D) The increase in volume, and complexity of high-level projects and programs in the Department has created an environment in which additional experienced senior staff is required to manage the workload. Some examples of the tasks requiring high level staff support include: Envision Contra Costa 2040 (the comprehensive update to the County’s General Plan, Zoning Code, and Climate Action Plan); implementing the County’s new commercial cannabis regulations following approval of the County’s cannabis tax measure; state-required transition from level service to vehicle miles traveled as the basis for analysis pursuant to the California Environmental Quality Act; complex transportation planning work related to new and proposed funding measures (SB1 (2017) gas tax, Regional Measure 3 (2018), and the proposed new Contra Costa Transportation Authority’s proposed 2020 Measure); increased need for development, modification and enforcement of specialized new ordinances for a range of issues such as renewable energy, tree protection, etc.; the increased need for community planning programs such as those being performed for the Saranap Community, and for agricultural policy reform; increased demand for housing policy analysis, housing law compliance and high level management of community assistance projects; increased complexity in solid waste and recycling regulatory compliance, program administration franchise and facility oversight; new complexities in water policy activities (Delta Water Policy in addition to launching new ground water planning and ship channel programs); and an increased scale and complexity of administering regional conservation planning efforts. CONSEQUENCE OF NEGATIVE ACTION: Failure to add these positions will limit the ability of DCD and the County to efficiently manage land-use projects and specialized community-related programs moving forward. AGENDA ATTACHMENTS P300 No. 22556_Add 6 Principal Planners in DCD MINUTES ATTACHMENTS Signed P300 22556 POSITION ADJUSTMENT REQUEST NO. 22556 DATE 9/26/2019 Department No./ Department Conservation & Development Budget Unit No. 0280 Org No. 2606 Agency No. 38 Action Requested: ADOPT Position Resolution No. 22556 to add six (6) Principal Planner Level A (5AHD) (represented) positions at salary plan and grade ZA2 1871 ($8,389 - $10,222) in the Department of Conservation and Development. Proposed Effective Date: 11/1/2019 Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary) associated with request: $0.00 Estimated total cost adjustment (salary / benefits / one time): Total annual cost $209,743.00 Net County Cost $0.00 Total this FY $122,353 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT NA Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. John Kopchik ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT SS for JE 11/8/2019 ___________________________________ ________________ Deputy County Admini strator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 12/3/2019 ADD six (6) Principal Planner Level A (5AHD) positions (represented) at salary plan and grade ZA2 1871 ($8,389 - $10,222) in the Department of Conservation and Development. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) Eva Barrios -Gaipa 12/3/2019 ___________________________________ ________________ (for) Director of Human Res ources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 12/11/2019 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Julie DiMaggio Enea Other: ____________________________________________ ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 REQUEST FOR PROJECT POSITIONS Department Date 12/11/2019 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. 22557 to add one (1) Secretary-Journey Level (J3TF) (represented) position at salary plan and grade 3R2 1018 ($3,605.44 - $4,970.13) and cancel one (1) Clerk Senior Level (JWXC) (represented) position number 5002 at salary plan and grade 3RX 1033 ($3,542.74 - $4,524.23) in the Employment and Human Services Department, Workforce Services Bureau. FISCAL IMPACT: The position is funded 100% State CalWORKS funding. Annual costs will increase by $1,860, including a $588 increase in pension costs. BACKGROUND: Workforce Services is requesting to cancel one (1) vacant Clerk Senior Level position and add one (1) Secretary-Journey Level position to support the Division Manager responsible for the countywide Welfare to Work operations. Currently, the Division Manager does not have any clerical support. Providing this support is critical given the span of control and responsibilities of the program. The incumbent of the Clerk Senior Level position retired, leaving the position vacant. The Welfare to Work (WTW) Manager is responsible for 4 offices county wide (Antioch, Ellinwood, Hercules APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Bao Tran 925-608-5027 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Bao Tran C. 30 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:December 17, 2019 Contra Costa County Subject:Add One Secretary-Journey Level Position and Cancel One Clerk Senior Level Position BACKGROUND: (CONT'D) and Richmond) for a total of 10 Supervisors, 1 Workforce Services Specialist and over 100 line staff. Additionally, the Manager travels to all of the locations. A Secretary is needed to assist the manager with timely and adequately tracking and preparing necessary management reports, data collection, timekeeping, performance issue documentation, track WTW trends within spreadsheets, compose and draft correspondence, prepare memorandums and other written material, develop and prepare agenda and notices of meetings and other information for committees, develop and maintain the filing system, schedule meetings and maintain records of expenditures. A secretary is essential to the Manager's organizational success. Clerical staff (i.e. Clerk Experience Level, and Clerk Senior Level) do not perform the scope of work needed to support the WTW Manager. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, it will be increasingly difficult for the Welfare To Work Manager to continue the level of support and commitment to the functioning of the position. AGENDA ATTACHMENTS P300 22557 AIR 40153 Add and Cancel MINUTES ATTACHMENTS Signed P300 22557 POSITION ADJUSTMENT REQUEST NO. 22557 DATE 11/8/2019 Department No./ Department Employment and Human Services Budget Unit No. 0504 Org No. 5450 Agency No. 19 Action Requested: Add one (1) Secretary -Journey Level (J3TF)(represented) position at salary plan and grade 3R2 1018 ($3,605.43 - $4,970.13) and cancel one (1) Clerk Senior Level (JWXC)(represented) position number 5002 at salary plan and grade 3RX 1033 ($3,542.74 - $4,524.23) and in the Workforce Services Department, as recommended by the Employment and Human Services Director. Proposed Effective Date: 12/18/2019 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 $1,860.00 Net County Cost $0.00 Total this FY $588.00 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% State CalWORKS Department must initiate necessar y adjustment and submit to CAO. Use additional sheet for further explanations or comments. Bao Tran 608-5027 ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPA RTMENT Julia Taylor 11/14/2019 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 12/4/2019 Add one (1) Secretary -Journey Level (J3TF)(represented) position and cancel one (1) Clerk Senior Level (JWXC)(represented) position number 5002 Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) Amanda Monson 12/4/2019 ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Huma n Resources Other: ____________________________________________ ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of t he Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AM ENDMENT 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 Dat e 12/12/2019 No. xxxxxx 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year -to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefit s Costs : b. Support Cost s : (services, supplies, equipment, etc.) c . Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implic at ions c . financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resources Department, which will forward the report to the Board of Supervi sors . 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. 22560 to add one (1) Training and Staff Development Specialist (APSG) (represented) positon at salary plan and grade ZB5 1001 ($6,491- $7,890) and cancel one (1) Vegetation Management Supervisor (GPHG) (represented) vacant position number 1423 at salary plan and grade ZA2 1672 ($6,889 - $7,989) in the Public Works Department. FISCAL IMPACT: Upon approval, this action has a annual cost savings of approximately $7,185. BACKGROUND: The Public Works Department is requesting to add one Training and Staff Development Specialist within the Administrative Services Division and cancel one Vegetation Management Supervisor position within the Maintenance Division. The Vegetation Management Supervisor position has been vacant since May 2016, although there have been multiple unsuccessful attempts to fill this vacancy. This position has been a challenge to recruit, as candidates must possess and/or attain a Pest Control Adviser (PCA) license within six months of hire. This is a highly specialized requirement and thus has resulted in a shallow qualified candidate pool. Additionally, there is a current trend to transition to more eco-friendly APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Adrienne Todd, (925) 313-2108 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Adrienne Todd C. 31 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:December 17, 2019 Contra Costa County Subject:Add one Training and Staff Development Specialist position and cancel one Vegetation Management Supervisor BACKGROUND: (CONT'D) and health-conscious methods to manage vegetation, including mechanical mowing and grazing. With this shift in operations, the requirement for staff to possess a PCA license will be less so in the future. Upon closer review of the job duties of the Vegetation Management Supervisor position, it has been determined that the work associated with the PCA license comprises a small percentage of the overall duties. Therefore, an existing Public Works Maintenance Supervisor will be re-allocated to perform the overall duties and responsibilities of the former position. Public Works executive management has designated training and staff development as a primary focus area for the Department. The Department is committed to investing time and effort into building a stronger workforce by providing opportunities for training and staff development to enhance the skills and knowledge of its employees, thereby improving employee performance and operational effectiveness. To achieve this goal, there is a need to have a dedicated position for this function. The primary responsibilities of the Training and Staff Development Specialist position include planning, developing, organizing, evaluating and conducting training courses in a variety of subject matter areas, for both groups and individuals, assisting with coaching and supporting the workforce at all levels and coordinating and tracking of training efforts. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, it would limit the Department’s ability to allocate dedicated staffing to focus on the training and staff development function. AGENDA ATTACHMENTS AIR 40209 P300 22560 Add and Cancel MINUTES ATTACHMENTS Signed P300 22560 POSITION ADJUSTMENT REQUEST NO. 22560 DATE 11/21/2019 Department No./ Department Public Works Budget Unit No. 0650 Org No. 4504 Agency No. 65 Action Requested: ADOPT Position Adjustment Resolution No. 22560 to add one permanent full -time Training and Staff Development Specialist (APSG) (represented) at salary plan and grade ZB5 1001 ($6,491 - $7,890) and cancel one permanent full-time Vegetation Management Supervisor (GPHG) (represented) vacant position (1423) at sal ary plan and grade ZA2 1672 ($6,889 - $7,989) Proposed Effective Date: 12/1/2019 Classification Questionnaire att ached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary) associated with request: Estimated total cost adjustment (salary / benefits / one time): Total annual cost ($7,185.00) Net County Cost $0.00 Total this FY ($6,586.00) N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT N/A - Cost savings Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Brian M. Balbas ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT L.Strobel 11/25/19 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 11/25/2019 Add one Training and Staff Development Specialist (APSG) (represented) position and cancel one Vegetation Management Supervisor (GPHG) (represented) vacant position number 1423 Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) Gladys Scott Reid 11/25/2019 ___________________________________ ________________ (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 12/4/2019 No. xxxxxx 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year -to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefit s Costs : b. Support Cost s : (services, supplies, equipment, etc.) c . Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c . financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human 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. 22562 to add twenty (20) permanent part-time (32/40) Certified Nursing Assistant positions (VTWA) at salary plan and grade level TA5-0906 ($3,132 - $3,807) in the Health Services Department. (Represented) FISCAL IMPACT: This action has an annual cost of approximately $1,169,501.00 with $289,906.00 in pension costs already included. This cost is 100% funded by Enterprise Fund I. BACKGROUND: The Health Services Department is requesting to add twenty (20) Certified Nursing Assistant positions allocated to Contra Costa Regional Medical Center. These positions will be assigned to three shifts - day, pm and night providing assistance to licensed professional nursing staff in the care and treatment of patients. Duties and responsibilities include close observation with high fall risks, confusions, elopement risks, or on legal hold for suicidal ideation and/or potential harm to self or others. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the positions will not be added. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Jo-Anne Linares, (925) 957-5240 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 32 To:Board of Supervisors From:Anna Roth, Health Services Date:December 17, 2019 Contra Costa County Subject:Add 20 Certified Nursing Assistant positions in the Health Services Department AGENDA ATTACHMENTS P300 No. 22562 MINUTES ATTACHMENTS Signed P300 22562 POSITION ADJUSTMENT REQUEST NO. 22562 DATE 12/2/2019 Department No./ Department Health Services Budget Unit No. 0540 Org No. 6505 Agency No. A18 Action Requested: Add twenty permanent part -time (32/40) Certified Nursing Assistant positions (VTWA) in the Health Services Department. Proposed Effective Date: Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary) associated with request: $0.00 Estimated total cost adjustment (salary / benefits / one time): Total annual cost $1,169,591.00 Net County Cost Total this FY $584,795.00 N.C.C. this FY SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% Enterprise Fund I Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Jo-Anne Linares ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Sarah Kennard for 12/2/2019 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 12/12/2019 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Timothy M. Ewell 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 H UMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 REQUEST FOR PROJECT POSITIONS Department Date 12/12/2019 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 Fund s) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year -to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefit s Costs : b. Support Cost s : (services, supplies, equipment, etc.) c . Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c . financial implications 7. Briefly describe the alternative approaches to delivering the services which you have consi dered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report i s to be submitted to the Human Resources Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysi s will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current jo b 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute an Interagency Agreement with Contra Costa Mosquito and Vector Control District in an amount not to exceed $200,000 for the County to provide vehicle preventative maintenance and repair services for the period January 1, 2020 through January 1, 2021. FISCAL IMPACT: Costs related to this agreement will be charged to Fleet Services and reimbursed by Contra Costa Mosquito and Vector Control District (100% revenue to Fleet ISF). APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Joe Yee (925) 313-2104 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 33 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:December 17, 2019 Contra Costa County Subject:Interagency Agreement with Contra Costa Mosquito & Vector Control District for vehicle services BACKGROUND: The Contra Costa Mosquito & Vector Control District (District) does not have staff to perform preventative maintenance or repair services to its vehicles and desires County to provide these services. Public Works Fleet Services has the ability and capacity to provide this service for the District. The District will pay the County for these services based on the County’s labor costs, up to the payment limit of the contract. CONSEQUENCE OF NEGATIVE ACTION: The District will not be able to contract for the County’s vehicle preventative maintenance and repair services. ATTACHMENTS Contract - Interagency Agreement RECOMMENDATION(S): ADOPT Resolution No. 2019/659 to approve and authorize the Employment and Human Services Director, or designee, to execute a contract amendment with the California Department of Aging to increase the contract amount by $9,514 to a new contract amount of $1,003,188 to provide Health Insurance Counseling and Advocacy services for the period July 1, 2017 through June 30, 2020. FISCAL IMPACT: County to receive $9,514 in additional funding, for a total amount not to exceed $1,003,188. This contact is funded by 37% Federal and 63% State funds. No County match is required. BACKGROUND: The Employment and Human Services Department, Area Agency on Aging, provides Health Insurance Counseling and Advocacy Program (HICAP) services to Medicare beneficiaries. Medicare beneficiaries include by virtue of a disability and persons of Medicare eligibility as defined by Welfare and Institutions Code (W&I) sections 9541 (a) and (c)(2), and (3), and to the public-at-large for HICAP community education services under W&I code section 9541 (c)(1), (4), (5) and (6). APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 34 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:December 17, 2019 Contra Costa County Subject:California Department of Aging, Health Insurance Counseling and Advocacy Program, Contract Amendment 3 BACKGROUND: (CONT'D) Amendment 3 increases the total contract amount by $9,514 for a new contract amount of $1,003,188. CONSEQUENCE OF NEGATIVE ACTION: Without additional funding, HICAP services will not be increased or enhanced. AGENDA ATTACHMENTS Resolution 2019/659 MINUTES ATTACHMENTS Signed Resolution No. 2019/655 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/17/2019 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2019/659 IN THE MATTER OF: California Department of Aging, Health Insurance Counseling and Advocacy Program, Amendment 3 Funding. WHEREAS, the Contra Costa County Employment and Human Services Department (EHSD) receives funding for Health Insurance Counseling and Advocacy Program (HICAP) services, and WHEREAS, the California Department of Aging has made additional funding available to EHSD for the period July 17, 2017 through June 30, 2020, in an amount of $9,514 for HICAP services through Contract Number HI-17-18-07, Amendment 3. 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 (HI-1718-07) with the California Department of Aging to increase the contract amount by $9,514 to a new contract total of $1,003,188 for Health Insurance Counseling and Advocacy Program services for the period July 1, 2017 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: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: RECOMMENDATION(S): APPROVE and AUTHORIZE the County Librarian, or designee, to apply for and accept a grant in the amount of $10,000 from Southern California Library Cooperative to provide a Design Plan for Antioch Library's needed improvements for the period January 1, 2020 through June 30, 2020. FISCAL IMPACT: This grant requires a $11,000 match that will come from the Library Fund. BACKGROUND: The California State Library was established in 1850 by the California State Legislature. They collect, preserve, generate and disseminate a wide array of information. Additionally, they direct state and federal funds to support local public libraries. The Southern California Library Cooperative, the grantor, is a consortium of libraries in Southern California who work together to provide better services to library users. The grant will provide supplemental funds to improve the library space and APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 35 To:Board of Supervisors From:Melinda Cervantes, County Librarian Date:December 17, 2019 Contra Costa County Subject:Grant in the amount of $10,000 from Southern California Library Cooperative BACKGROUND: (CONT'D) access to services for our patrons in the Antioch Library. CONSEQUENCE OF NEGATIVE ACTION: If not approved, the Antioch Library will not be able to make needed improvements to update the space for patrons. The grant proposal is supplementing funds, so a greater number of improvements may be made than would otherwise be possible. CHILDREN'S IMPACT STATEMENT: The grant will meet the outcome: Communities that are Safe and Provide a High Quality of Life for Children and Families: By providing a dedicated area for teens to utilize within the library we anticipate the teen area being more dynamic and useful to the teens, better enabling their activities such as studying in groups, browsing books, and using library computers/laptops. ATTACHMENTS Grant Application California State Library Powered by Submittable Library Jurisdiction Name Contra Costa County Li brary by Genev a Moss in Maximizing Learning Spaces - Design Opportunity 501 W. 18th Street Antioch, California 94509 United States 925-757-9224 gmoss@ccclib.org 12/02/2019 id. 14594985 Original application 12/02/2019 SECTION 1 - APPLICANT INFORMATION n/a Library/Organization Director Name Melinda Cerv antes Library/Organization Director Title County Librarian Library/Organization Director Email Address mcerv ant@ccclib.org Library/Organization Director Business Phone Number 925-608-7700 Library/Organization Director Street Address/P.O. Box 777 Arnold Dr., Suite 210 Library/Organization Director City Martinez Library/Organization Director Zip Code 94553 Project Coordinator Name Genev a Moss Project Coordinator Title Senior Community Library Manager Project Coordinator Email Address gmoss@ccclib.org Project Coordinator Business Phone Number 925-757-9224 Name of Learning Space Location Antioch Library Address of Learning Space 501 W . 18th Street, Antioch CA SECTION 2 - PROJECT INFORMATION n/a 1. Tell us about your community and library and the needs that this project would address. The City of Antioch is a dynamic community. The city’s official motto is “Opportunity liv es here”. As of July 2018, Antioch’s population was 111,635 (an increase of 8.6% in 8 years), only 21.1% of those age 25 and ov er hold a bachelor’s degree or higher, 14.6% of the population is considered to be in pov erty, 16.7% of households do not hav e broadband Internet subscriptions at home, 21.9% of the population is foreign born, 56% of the community identifies as multi-racial or as a member of a minority group, and 34.9% of people age 5 and older speak a language other than English at home. Antioch has a significant number of citizens who frequently face barriers when trying to access learning spaces such as colleges or other higher learning institutions. The library is a place where people can find help to break through those barriers. The Antioch Library prov ides storytimes, children’s programming, teen programming, programs for adults with disabilities, general adult programs ranging from book clubs to financial planning seminars, and computer docent access. The Library is also home to an office of Project Second Chance – Contra Costa County’s adult literacy program. The Library links citizens in the community to resources they may not otherwise be aware of. Part of the power of the Antioch library is that it is a branch of the Contra Costa County Library system. Contra Costa County Library operates 26 libraries in 18 cities and 5 unincorporated areas across the County. Library serv ices include rich collections to meet reading and research needs, knowledgeable and welcoming staff, v ibrant programs, wireless access to high-speed internet for personal computing dev ices, public computers with a v ariety of personal computing programs, and quiet study space and meeting rooms. Community members in Antioch hav e access to the County collection of physical materials, online collections, museum passes, and more v ia their library card. Although the Antioch library offers great customer serv ice and access to technology, the space itself does not serv e the community’s current needs or reflect the v ibrancy of the community. The furnishings and shelv ing (which range from 13-50 years of age) are worn, outdated and uncomfortable and there are few power outlets throughout the library. The library was last refreshed in 2006 and since then, the needs of library patrons hav e ev olv ed in significant ways that are no longer supported by the current layout and furnishings of the library. Today, library patrons require and expect a way to quickly and conv eniently charge their personal dev ices and access online serv ices, classes and information. They need space and furniture that supports informal meetups and collaborativ e group projects and also prov ides quiet space to do their work. By replacing the current furniture and rearranging our teen and adult areas to better utilize the space we hav e, we will conv ey and deliv er on the message that “The library is a place for you that supports your desired learning outcomes.” W e will be able to enforce the City’s motto of “Opportunity liv es here.” 2. W hat sources of information (e.g., surveys, staff and patron feedback) have you used to determine the needs to be addressed in this project? The Antioch Library receiv ed surv ey responses v ia OrangeBoy, feedback from focus groups, and unsolicited patron feedback. Some direct responses we hav e receiv ed from our surv eys are as follows: “…there needs to be dedicated space for youth to hang out so that they are not ov erwhelming the space for others.” and “Sometimes we want to gather to study and not open or not enough room for a small or larger group space.” In addition, the Library hired a consultant to prov ide input on the design status of six Contra Costa County Libraries, including the Antioch Library. This process included site analysis and observ ations to determine how patrons are actually using the space v ersus how the space was designed to be used, as well as staff participation in designer led workshops so that we could continue to make informed observ ations and gather data about our libraries from a design perspectiv e. 3. Describe your underutilized space including its size, how it is being used today, and its current challenges and limitations. The Antioch Libray’s primary underutilized space is its quiet area. Adults need a space that, ev en during the busy after school hours, supports quiet reading, studying and computer work. Currently, the quiet area is located next to the area of the library with tables and chairs that are filled during the after school hours with large groups of students doing homework and hanging out. Additionally, the desktop computer area, which is primarily used by adults doing work, research and job searches, is located next to the teen space, which is also filled to capacity with teens after school. This means that both the computer area and the quiet seating area are noisy and filled with teens after school and the adults hav e no quiet area in which to do their work. The current teen space is approximately 15’ x 18’ and the current quiet area is approximately 12’ x 21’. 4. W hat objectives do you have for and what outcomes do you expect from a successfully transformed space? Please be specific and include how you will measure success. Our objectiv es for switching the location of the teen and quiet areas and upgrading the furniture and layout of both areas are as follows: • There will be clearly designated spaces for teens and adults that support each groups respectiv e and distinct learning goals. • Both teen and adult library users will hav e an increased sense of comfort while simultaneously using the Library. • Staff will hav e more positiv e interactions with teens during the after school hours. • A new, and clean space will inspire more Antioch residents to use the library facility and its serv ices. W e will measure success v ia patron feedback using surv eys, tracking whether or not patrons use the spaces as designed, and by monitoring the number of incidents with teens and by tracking ov erall usage of the library. 5. How will your participation align with the project goal of transforming underutilized spaces to maximize their potential for reading, literacy, and learning? Redesigning our library to better suit the needs of the community and hav ing that space demonstrate to the community they are v alued will result in more community members v isiting the library to take adv antage of the Library’s wide v ariety of serv ices. W e env ision greater use of our quiet space when it is surrounded by other quieter areas of the library, such as the computer area. W e also env ision the addition of powered furniture capable of supporting today’s technology needs. Patrons will be able to use this space optimally for its intended use – quiet independent study and reading. W e anticipate the teen area being more dynamic and useful to the teens, better enabling their activ ities such as studying in groups, browsing books, and using library computers/laptops. This will curb their need to spread out throughout the entire library. If the teens hav e a sense of place and ownership, we feel that this will be a more positiv e destination for them and encourage reading and learning support for school. Finally, by replacing outdated furniture throughout the library and adding charging stations and areas better situated to support group learning, meetings, tutoring, etc. the remainder of the library can better support literacy activ ities for all patrons. Based on circulation statistics from other libraries within Contra Costa that hav e had major refreshes or hav e had new buildings constructed, we can see that the residents of Contra Costa show up in force when a library is improv ed upon in a significant way. More citizens obtain library cards, check out items, and attend programs. W hen people spend more time at the library and/or interact more frequently with library staff we hav e an opportunity to prov ide recommendations to them and encouragement needed to maximize patron participation in reading, literacy, and learning activ ities. 6. Detail any in-kind, match funding, community participation, or any other support you expect for this project. Identify the group, type of support, and amount of support for each. The library has approximately $80,000 to implement and execute the new design plan once it is created. These funds come from County Library funds that hav e been allocated to further the initial work done with Margaret Sulliv an Studios. W e also hav e a supportiv e Friends of the Library organization and anticipate that they will be willing to assist us with the project if additional funds are needed. A professional design plan specific to the Antioch Library will allow us to use the funds we hav e to furnish and refresh the library to its fullest. 7. Explain how you will ensure the success of your project coordinator and the project itself including any organizational support you will provide. The project coordinator will work closely with the Deputy County Librarian and Budget & Finance on contracts, purchasing, and any other items requiring approv al abov e the lev el of the project coordinator. In addition, there are clear policies and procedures in place that the project coordinator will follow when implementing the project. SECTION 3 - Design Opportunity Questions n/a Detail your vision for the future of the space including specific ideas you may for improving it. To address to the v arious issues outlined abov e, we will switch the location of the teen space with the quiet area. This will mean that the quiet area will be next to the desktop computer area so that there is a distinct and separate quiet area for adults to do their computer work as well as their quiet reading and studying. The quiet area will hav e powered furniture so that patrons can easily use and charge personal dev ices. The teen space will then be located next to the study tables, which will make it a natural ov erflow area for the teens afterschool and cause the least amount of disruption to the quiet area. It will be v ibrant, full of seating, and so inv iting to the teens that they will prefer utilizing the teen space to using any other space in the library. It will also hav e powered furniture so that in addition to being able to use library laptops, the teens will also be able to use and charge their personal dev ices. There will be two desktop computers dedicated to the teen area as well. Finally, by mov ing the teen space to the current quiet area, staff will hav e better sight lines and will be able to help maintain a more comfortable env ironment for all. Provide any estimate(s) you’ve obtained for this project, describe how you’ve obtained this information, explain your plans to contract with a designer, and, if applicable, obtain additional funding needed W e hav e receiv ed an estimate in the amount of $21,000 from Margaret Sulliv an Studios to create a Design Plan and an estimate of approximately $65,655 from Ross McDonald Co., Inc. for furniture. Our plans to contract with a designer include 4 workshops: a staff & Library Leadership workshop, a community engagement workshop obtaining public input, a presentation of concepts to staff and partners, and a final approv al of design and specifications. W e propose to use Margaret Sulliv an Studios as they hav e already completed some initial work for the Antioch Library redesign. Share any additional comments or information that supports your participation in this project. The citizens of Antioch look to the library as a learning institution. Parents bring their children here when they aren’t sure how to help them with their homework, ask for adv ice on which books their children should be reading, and want to find tutors. Adults come here when they are looking to find materials on how to learn to write resumes, search for jobs, study for job entry tests, and more. W e are an educational hub within the community and it is important that we offer an up-to-date and comfortable env ironment for our users that will support their learning goals. Budget Overview Antioch_Library_Budget_Ov erv iew.xlsx Additional Documents B19063_Antioch_Library_Furniture_Budget.pdf MSS_2019-12-01_CCCL_Fee_Proposal.docx CIPA Acknowledgment Not Subject to CIPA Requirements. The CIPA requirements do not apply because no funds made av ailable under this LSTA grant program will be used to purchase computers used to access the Internet or to pay for direct costs associated with accessing the Internet. LIBRARY DIRECTOR CERTIFICATION Melinda Cerv antes RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, on behalf of the Workforce Development Board (WDB), to apply for and accept California Workforce Development Board Workforce Accelerator Fund 8.0 (WAF 8.0) funding in an amount not to exceed $150,000 to support innovative strategies that bridge education and workforce gaps for people experiencing homelessness and housing instability in Contra Costa County. FISCAL IMPACT: If awarded the Workforce Development Board (WDB) to receive an amount not to exceed $150,000 in Federal WIOA funding (CFDA #17.258). A one-to-one cash or in-kind match is required. The WDB will cover a percentage of this match and partner organizations will contribute additional match resources. BACKGROUND: In April 2014, the California Workforce Development Board (CWDB) and Employment Development Department established the Workforce Accelerator Fund (Accelerator) as a new model of funding innovation in California’s workforce system. Since April 2014, just over $25 million has been invested, resulting in over 151 projects across the state. To learn more about the Workforce APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 36 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:December 17, 2019 Contra Costa County Subject:California Workforce Development Board Accelerator Fund BACKGROUND: (CONT'D) Accelerator Fund, you can view “Accelerator at a Glance” and Accelerator materials library on the CWDB website. Accelerator 8.0 will focus on projects that create partnerships and prototype innovative strategies, bridge education and workforce gaps for people experiencing homelessness and housing instability, and that implement promising models and practices in the workforce service delivery infrastructure. While employment alone cannot address the housing shortage facing California, it can be part of the strategy to improve outcomes for people who are living in precarious conditions. The goal of this initiative is to seed innovative thinking, expand partnerships, and generate cross system collaboration to address the barriers to employment faced by people experiencing homelessness or housing insecurity CONSEQUENCE OF NEGATIVE ACTION: The Workforce Development Board would not receive funding that could strategically support the efforts in Contra Costa County to address homelessness. RECOMMENDATION(S): ADOPT Resolution 2019/663 authorizing the Sheriff-Coroner, or designee, to apply for and accept the 2019 Paul Coverdell Forensic Services Improvement Grant, with the Governor's Office of Emergency Services, as fiscal agent, in an initial amount of $72,335 for support of forensic training for the period beginning January 1, 2020 through the end of the grant period. FISCAL IMPACT: $72,335, 100% Federal; No County match required (CFDA #16.742) BACKGROUND: The purpose of the Paul Coverdell Forensic Services Improvement Grant Program is to improve the quality and timeliness of forensic science services over current operations. The non-competitive funds are available for distribution during the period beginning January 1, 2020, through the end of the grant period. The Office of the Sheriff’s Forensic Services Division is an ANAB (ANSI-ASQ National Accreditation Board) accredited laboratory that has on-going training requirements to fulfill the accreditation criteria. This grant provides funding for DNA equipment and for the forensic staff to attend a variety of work-related training courses throughout the year. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 37 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:December 17, 2019 Contra Costa County Subject:FY 2019 Paul Coverdell Forensic Science Improvement Grants Program CONSEQUENCE OF NEGATIVE ACTION: The County will not receive grant funding for training necessary to retain ANAB accreditation. AGENDA ATTACHMENTS Resolution 2019/663 MINUTES ATTACHMENTS Signed Resolution No. 2019/663 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/17/2019 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2019/663 IN THE MATTER OF: Applying for and accepting the FY 2019 Paul Coverdell Forensic Science Improvement Grants Program. WHEREAS, the County of Contra Costa is seeking funds available through the U.S. Department of Justice for the FY 2019 Paul Coverdell Forensic Science Improvement Grants Program; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors: Authorizes the Sheriff-Coroner, Undersheriff or the Sheriff's Chief of Management Services, to execute for and on the behalf of the County of Contra Costa, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining Federal assistance including grant modifications and extensions related to the FY 2019 Paul Coverdell Forensic Science Improvement Grants Program; provided by the U.S. Department of Justice. Contact: Sandra Brown 925-335-1553 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, an amendment to purchase order #F54395 with GE Precision Healthcare Inc, to extend the term from November 30, 2019 through December 31, 2019 and to increase the payment limit by $226,000 to a new payment limit of $3,859,846 for the maintenance of imaging systems at the Contra Costa Regional Medical Center (CCRMC) and Contra Costa Health Centers. FISCAL IMPACT: 100% budgeted in the Hospital Enterprise Fund I. BACKGROUND: GE Precision Healthcare Inc. provides primary preventative maintenance and service for Diagnostic Imaging systems, and is the only vendor that has the specialized knowledge needed to repair and maintain the Diagnostic Imaging systems. The existing agreement expires November 30, 2019 and the Department will need additional funds to cover the extension. CONSEQUENCE OF NEGATIVE ACTION: If the amendment to this purchase order is not approved then the Diagnostic Imaging Unit at CCRMC no longer be able to meet the expectations of the state and serve the needs of the hospital’s radiology patients. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Japreet Benepal, 925-370-5101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Marcy Wilhelm, Jasmine Campos C. 38 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 17, 2019 Contra Costa County Subject:Purchase Order Amendment with GE Precision Healthcare, Inc. ATTACHMENTS RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Unpaid Student Training Agreement #72-138 with Grand Canyon University, an educational institution , for its College of Nursing and Health Care Professions, to provide supervised field instruction through the Contra Costa Health Services Maternal Child and Adolescent Health (CCHS-MCAH) program, for the period from November 1, 2019 through June 30, 2021. FISCAL IMPACT: There is no fiscal impact for this action. BACKGROUND: The purpose of this agreement is to provide Grand Canyon University College of Nursing and Health Care Professions doctorate students with the opportunity to integrate academic knowledge with applied skills at progressively higher levels of performance and responsibility. Supervised fieldwork experience for students is considered to be an integral part of both educational and professional preparation. The CCHS-MCAH can provide the requisite field education, while at the same time, benefiting from the students’ services to patients. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Anna Roth 925 370-5101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: A Floyd, M Wilhelm C. 39 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 17, 2019 Contra Costa County Subject:Unpaid Student Training Agreement #72-138 with Grand Canyon University BACKGROUND: (CONT'D) Under Unpaid Student Training Agreement #72-138, Grand Canyon University College of Nursing and Health Care Professions doctorate students will receive supervised fieldwork instruction experience through CCHS-MCAH, through June 30, 2021. CONSEQUENCE OF NEGATIVE ACTION: If this agreement is not approved, the students will not receive supervised fieldwork instruction experience at CCHS-MCAH. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #27-420-8 with Pinnacle Mental Wellness Group, a Family Counseling Community, Inc., a corporation, in an amount not to exceed $250,000 to provide outpatient psychotherapy services to Contra Costa Health Plan (CCHP) members, for the period from January 1, 2020 through December 31, 2021. FISCAL IMPACT: This Contract is funded 100% by CCHP Enterprise Fund II. (No rate increase) BACKGROUND: On January 9, 2018 (as corrected on June 5, 2018), the Board of Supervisors approved Contract #27-420-7 with Pinnacle Mental Wellness Group, for the provision of outpatient psychotherapy services to CCHP members for the period from January 1, 2018 through December 31, 2019. Approval of Contract #27-420-8 will allow the contractor to continue providing outpatient psychotherapy services through December 31, 2021. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Sharron Mackey, 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Marcy Wilhelm, Kimberley Mullen C. 40 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 17, 2019 Contra Costa County Subject:Contract #27-420-8 with Pinnacle Mental Wellness Group, a Family Counseling Community, Inc. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized health care services for its members under the terms of their Individual and Group Health Plan membership contract with the County will not be provided. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #27-287-12 with Louis Klein, M.D., an individual, in an amount not to exceed $500,000, to provide OB/GYN services for the Contra Costa Health Plan (CCHP), for the period from December 1, 2019 through November 30, 2021. FISCAL IMPACT: This Contract is funded 100% by CCHP Enterprise II Funds. BACKGROUND: Under Contract #27-287-12, the Contractor will provide OB/GYN services to CCHP members for the period from December 1, 2019 through November 31, 2021. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, this Contractor’s OB/GYN services will not be provided for CCHP members. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Sharron Mackey, 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Kimberley Mullen, Marcy Wilhelm C. 41 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 17, 2019 Contra Costa County Subject:Contract #27-287-12 with Louis Klein, M.D. RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a Contract Amendment No. 2 with Interactive Resources, Inc., effective October 13, 2019, to increase the payment limit by $100,000 to a new payment limit of $1,000,000 and to extend the term from October 13, 2019 to October 13, 2020, to continue to provide on-call architectural services for various facilities projects, Countywide. FISCAL IMPACT: 100% Various Funds BACKGROUND: On October 13, 2015, the Board of Supervisors approved an on-call Consulting Services Agreement with Interactive Resources, Inc. in an amount of $500,000. Interactive Resources, Inc. is under contract to provide on-call architectural services for various on-going projects. On February 14, 2017, the Board of Supervisors approved Amendment No. 1 to Consulting Services Agreement with Interactive Resources, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Ramesh Kanzaria 925-957-2480 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 42 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:December 17, 2019 Contra Costa County Subject:Amendment No. 2 with Interactive Resources, Inc. BACKGROUND: (CONT'D) Inc., to increase the payment limit by $400,000 to a new payment limit of $900,000, and to extend the term to October 13, 2019 with a one-year extension option, for as-needed architectural services, Countywide. On October 22, 2019 the Board of Supervisors approved Amendment No. 2 that extended the term to December 31, 2020 with no change to the pay limit. Public Works Department requests to amend the approved board order to extend the term from October 13, 2019 to October 13, 2020, and to increase the payment limit by $100,000 to a new payment limit of $1,000,000 to continue to provide on-call architectural services for various facilities projects, Countywide. It is necessary to provide architectural services and the additional costs associated with the completion of ongoing projects but the Contract limit of $900,000 has nearly been reached therefore, this board order is to increase the payment limit by $100,000 to a new payment limit of $1,000,000. Interactive Resources, Inc. is familiar with these active projects, and the design and construction of typical building type of County facilities; therefore, it is recommended that the contract amendment be awarded. Additional fees will be used for the existing and additional projects which include remodels, tenant improvements, additions, modernization, mechanical, electrical, and plumbing upgrades, and code-related improvements. Projects may also include investigations, studies, and reports. Some of the anticipated projects include those identified in the County's facilities life-cycle improvement program ("FLIP") under the recent budget allocation for capital projects and deferred maintenance. Having this on-call agreement in place will allow the design phase to commence sooner and provide for a shorter project completion schedule. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, projects currently in process will be delayed, which will ultimately result in higher project costs. RECOMMENDATION(S): APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute legal documents with the Richmond Housing Authority for a loan of $401,523 in Community Development Block Grant funds to finance the repair and replacement of two elevators in Nevin Plaza, a public housing development in the City of 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 Nevin Plaza Elevator Modernization 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. (100% Federal) APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 43 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:December 17, 2019 Contra Costa County Subject:Approval of CDBG Loan Legal Documents for the Richmond Housing Authority Elevator Project BACKGROUND: On October 22, 2019, the Board of Supervisors allocated $401,523 in Community Development Block Grant (CDBG) funds to the Richmond Housing Authority (RHA) for the repair and replacement of two elevators in Nevin Plaza public housing. Nevin Plaza is a 142-unit, 7-story multifamily residential rental development reserved for elderly and/or disabled households. One of the elevators has been nonfunctional for several months while the remaining elevator is outdated and unreliable. The total cost of the project would drain the RHA’s capital budget and leave them unable to bring vacant units up to a rentable standard, thus continuing their inability to cover operating costs. The RHA issued an RFP for a developer to undertake a major refinance, rehabilitation and construction of a new adjacent building, but that development will not occur for another year or two. This project is an urgent need and meets County and HUD eligibility requirements. The CDBG funds will be in the form of a zero percent interest deferred loan with a term of 20 years. The Loan Agreement is subject to approval as to form by County Counsel. A Regulatory Agreement is not necessary since the project is already income restricted by the RHA. 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 RHA would exhaust their capital reserves on the elevator project leaving them without funds to bring their vacant units up to rentable standards. CHILDREN'S IMPACT STATEMENT: The recommendation supports one or more of the following children's outcomes: (1) Children Ready for and Succeeding in School; (2) Children and Youth Healthy and Preparing for Productive Adulthood; (3) Families that are Economically Self Sufficient; (4) Families that are Safe, Stable and Nurturing; and (5) Communities that are Safe and Provide a High Quality of Life for Children and Families. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #72-139 with Positive and Vigilant Healthcare, Inc. (dba Alhambra Convalescent Hospital), a corporation, in an amount not to exceed $300,000, to provide skilled nursing facility services to Contra Costa Regional Medical Center (CCRMC) and Contra Costa Health Center patients at their facility in Martinez, for the period January 1, 2020 through December 31, 2020. FISCAL IMPACT: This Contract is funded 100% by Whole Person Care Funds. BACKGROUND: To reduce cost incurred due to inappropriate hospitalization, this Contract will allow patients who do not require hospital care but are unable to transition directly back into the community, to receive wrap around case management and rehabilitation services. Under Contract #72-139, Contractor will provide skilled nursing facility services to CCRMC and Contra Costa Health Center patients for the period January 1, 2020 through December 31, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Dan Peddycord, 925-313-6712 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker, M Wilhelm C. 44 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 17, 2019 Contra Costa County Subject:Contract #72-139 with Positive and Vigilant Healthcare, Inc. (dba Alhambra Convalescent Hospital) CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, patients will not have access to Contractor’s services and therefore may be re-hospitalized unnecessarily. RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Anchor Engineering, Inc., (d/b/a AnchorCM), in an amount not to exceed $500,000 to provide on-call project management services, for the period January 1, 2020 to December 31, 2022, Countywide. (All Districts) FISCAL IMPACT: 100% Federal, State, Local and/or General Funds. BACKGROUND: The Public Works Department is involved in various projects in the County, which require project management services for capital improvement projects. After a solicitation process, this firm was selected as one of three firms to provide project management services on an “on-call” basis. The consultant will augment Public Works staff during busy times when extra help is needed or when in-house expertise is not available. This on-call contract will be in effect for three years. Government code section 31000 authorizes the County to enter into contract for consultant services. CONSEQUENCE OF NEGATIVE ACTION: If the contract is not approved, necessary capital projects may not be completed in a timely manner, which may jeopardize funding and delay design and construction of various capital projects. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Rochelle Johnson (925)313-2299 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Slava Gospodchikov - Engineering Services , Carl Roner- Special Districts, Rochelle Johnson - Special Districts, Scott Anderson - Special Districts, Paulette Denison- Finance, Adele Ho - Anchor Engineering, Inc. C. 45 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:December 17, 2019 Contra Costa County Subject:Contract with Anchor Engineering, Inc., (d/b/a AnchorCM), to provide on-call project management services, Countywide. ATTACHMENTS Contract (Draft) Anchor Engineering, Inc. DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Consolidated CM, in an amount not to exceed $500,000 to provide on-call project management services, for the period January 1, 2020 to December 31, 2022, Countywide. (All Districts) FISCAL IMPACT: 100% Federal, State, Local, and/or General Funds. BACKGROUND: The Public Works Department is involved in various projects in the County, which require project management services for capital improvement projects. After a solicitation process, this firm was selected as one of three firms to provide project management services on an “on-call” basis. The consultant will augment Public Works staff during busy times when extra help is needed or when in-house expertise is not available. This on-call contract will be in effect for three years. Government code section 31000 authorizes the County to enter into contract for consultant services. CONSEQUENCE OF NEGATIVE ACTION: If the contract is not approved, necessary capital projects may not be completed in a timely manner, which may jeopardize funding and delay design and construction of various capital projects. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Rochelle Johnson (925)313-2299 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Slava Gospodchikov - Engineering Services , Carl Roner- Special Districts, Rochelle Johnson - Special Districts, Scott Anderson - Special Districts, Paulette Denison- Finance, Consolidated CM C. 46 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:December 17, 2019 Contra Costa County Subject:Contract with Consolidated CM, to provide on-call project management services, Countywide. ATTACHMENTS Contract (Draft) Consolidated CM DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT RECOMMENDATION(S): APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract with Rubicon Programs, Inc., in an amount not to exceed $300,000 to provide an Evening Connections Program in both West County and East County for the period July 1, 2020 through June 30, 2021, subject to approval as to form by County Counsel. FISCAL IMPACT: If approved by the Board of Supervisors, $300,000 from the Local Innovation Subaccount of the County's Law Enforcement Services Account would be awarded to the Contractor. BACKGROUND: The 2011 Realignment Legislation addressing public safety and related statutes requires that certain felonies be punished by a term of imprisonment in a county jail. It also provides for post-release community supervision by county officials for persons convicted of these certain felonies upon release from prison or county jail. As part of the realignment of public safety services to local agencies, existing law establishes the Local Revenue Fund 2011 into which specified tax revenues are deposited and are continuously appropriated for the provision of public safety services, as defined. Under existing law, the Local Revenue Fund 2011 contains various accounts and subaccounts from which the revenues are then allocated to corresponding local accounts. With the passage of SB 1020 in 2012, the County was required to APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Lara DeLaney, (925) 335-1097 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 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:PUBLIC PROTECTION COMMITTEE Date:December 17, 2019 Contra Costa County Subject:Public Safety Realignment Local Innovation Fund Contract Award BACKGROUND: (CONT'D) create a Local Innovation Subaccount intended to promote local innovation and county decision making. Revenue deposited in this “Local Innovation Fund” must be used to support local needs. Beginning with fiscal year 2015-16, 10% of the revenue received from the State in the form of growth allocations for the 1) Community Corrections, 2) Trial Court Security, 3) District Attorney and Public Defender, and 4) Juvenile Justice Subaccounts is to be deposited in the Local Innovation Fund each year. The law provides the Board of Supervisors with the authority to use revenue in the Local Innovation Fund for any activity that could be paid for with revenue from any of the underlying subaccounts that fund the Local Innovation Fund. In October 2017, Office of Reentry & Justice (ORJ) staff conducted a Request for Proposals (RFP) process for the utilization of Local Innovation Fund Revenue. After recommendations from the Public Protection Committee (PPC), in December 2017, the Board of Supervisors awarded contracts for innovative reentry programs to Fast Eddie’s Auto Tech Training for $75,000 and to the Richmond Workforce Development Board for $175,000. After a subsequent RFQ process, Jeweld Legacy Group was awarded a $75,000 contract in May 2018 to provide local reentry programs with Capacity Building Services. In March 2019, the PPC considered the use of remaining available revenue in the Local Innovation Fund and directed staff to increase Fast Eddie’s contract by $37,500 so that services could be provided through the end of 2019. Staff was also directed to increase the award to Jeweld Legacy Group by $50,000 so that micro grants could be provided to the agencies participating in the County’s Capacity Building Program. With these changes, the programs from Richmond Workforce Board and Fast Eddie’s were set to conclude on December 31, 2019, and the Capacity Building Program led by Jeweld Legacy Group was on track to be completed no later than June 30, 2020. During the PPC’s March 2019 meeting, the PPC also directed staff to develop a procurement process to identify new programs for Local Innovation Fund revenue. In June 2019 the ORJ then sought Input from the Community Advisory Board of the Community Corrections Partnership (CAB) on the development of a procurement process for the use of Local Innovation Fund revenue. In September 2019, at the advice of CAB, the Community Corrections Partnership (CCP) provided the following direction to the ORJ: An RFP process should be conducted to award up to $300,000 for innovative reentry program(s), and the RFP should prioritize use of the funding for programs that are: for young people up to age 25, an innovative employment program, or for at-risk or underserved population. 1. Up to $150,000 should be utilized to continue support for some part of the current programs funded by the Local Innovation Fund. 2. Any remaining Local Innovation Fund revenue be utilized to provide up to two shared learning events to be attended by local reentry partners that concentrate on topics related to successful reentry for young people up to age 25 and the characteristics of effective Adult reentry and diversion programming. 3. Based on this direction, on October 15, 2019, RFP #1909-365, for Local Innovation Fund Projects, was published by the ORJ with a maximum award of $300,000. After the RFP was released, the ORJ became aware that the Local Innovation Fund revenue for FY 2019-20 would be approximately $128,094 less than was initially projected. Since Fast Eddie's program is the only currently funded program that could be supported with the revenue remaining after funding RFP awards, the ORJ began the process of increasing Fast Eddie’s contract by $50,000 and extending the termination date to December 31, 2020. RFP #1909-365 Responses to the RFP were submitted to the ORJ on November 14, 2019, and considered by a review panel the following week. The panel included a member of the CAB and various County staff that work with the reentry population, and are familiar with programs that provide services to this population. The panel’s work was facilitated by Donté Blue, Deputy Director, Office of Reentry and Justice, and was comprised of the following members: Henrissa Bassey, Community Advisory Board on Public Safety Realignment Member Michael V. Fischer, CORE Program Manager, Health, Housing & Homeless Division Mark Goodwin, Chief of Staff, Office of Supervisor Diane Burgis Marina Kisseleva-Cercone, Probation Supervisor Christopher Pedraza, Program Manager, Alcohol and Other Drug Services The panel considered all six responses that were timely received by the ORJ. After reviewing each proposal, those with the three lowest scores were dropped from further consideration and the remaining responders were invited to interview with the Panel. Each of the three remaining responders attended an in-person interview with the Panel. The scoring for proposals that were not advanced to the interview phase was as follows: Responder Program Type Amount Requested Score All Hands on Deck Housing for Transition Age Youth $300,000 62 Leaders in Community Alternatives Cognitive Based Intervention for Transition Age Youth $298,856 71 Lao Family Community Development Employment training and support for Transition Age Youth $299,999 71.5 Below are final scores and a synopsis of the programs proposed by each of the three agencies that were interviewed by the Review Panel. Community and Youth Outreach [requested $265,551] Score: 79 points Community and Youth Outreach (CYO) proposed an expansion of the County’s current Ceasefire program to reduce gun violence in East County. Currently, AB 109 revenue is used to fund a single coordinator for this program and this proposal sought to augment that investment with direct services to Ceasefire participants. This program would replicate services the agency is currently providing in the City of Oakland. Specifically, this would enroll up to 80 participants in services lasting 6 – 12 months where they would be provided with peer-led Intensive Adult Life Coaching and cognitive behavioral services through CYO’s Healthy, Wealthy, and Wise facilitated groups. The program would focus on providing services to young people ages 18 – 25 who have been assessed as high risk by the Probation Department’s risk assessment tool or who exhibit at least three of the following: four or more prior arrests, prior arrest for gun violence, active member of a gang, previously shot, has a close friend of family member who has been shot in the past year. While participating in the program, participants would be provided cash incentives for achieving various benchmarks that could amount to as much as $200 a month. SHELTER Inc. [requested $300,000] Score: 83 points The Bright Futures program by SHELTER Inc. sought to provide up to 30 incarcerated young people between the ages of 18 – 25 with reentry planning prior to their release from custody and case management with career coaching upon the person’s release from custody. The program would work with young people during their final month of incarceration in a local jail or juvenile detention facility, and for up to a year after the person’s release from custody. Case management would look to connect the person to needed services with particular attention paid to helping the person meet their transportation needs. The program would have a “flex fund” available for each client that would allow creative remedies to be fashioned for the unique needs and challenges faced by those in the program. Bright Futures would leverage existing employment providers for needed training, and its own internal program for housing resources the population might require. Rubicon Programs, Inc. [requested $120,000] Score: 87.5 points The Evening Connections Program would extend operating hours for the Reentry Success Center (RSC) in Richmond by providing evening hours from 5:00 p.m. to 8:30 p.m. each weekday with interest in also opening for a half day on Saturdays. This program is intended to provide services to populations in need of evening services because they are unavailable during the day or released from custody outside of regular business hours and at an increased risk of returning to custody if not quickly engaged in needed supportive services. As part of the Evening Connections Program, individuals would be transported to the RSC directly from custody, even if they will ultimately be returning to the east or central region of the County. The activities to be provided at the center during these extended hours would vary night to night and include support groups, employment readiness support, reentry coaching, triage of needs and referrals to services, and prosocial recreational activities. Final Panel Recommendation After conducting interviews, the panel determined that the program proposed by Rubicon Programs, Inc. would be the best use of Local Innovation Fund revenue. To ensure that weekend hours and other program enhancements occur, the panel recommends that $150,000 be awarded to Rubicon Programs for FY 2020-21 to provide its Evening Connections Program at the Reentry Success Center in West County. Because the other requests were so much more than the remaining $150,000, the panel didn’t feel it could recommend funding any of the remaining program while still maintaining the character of what was proposed. The panel also recognized that while need for services is steadily increasing in East County, and in some cases already exceeds that of West County, there are generally substantially less services available to the residents of East County. For these reasons, and because panel members believed the value of what was proposed by Rubicon Programs should also directly benefit East County residents, the panel also recommended funding the remaining $150,000 to Rubicon Programs for FY 2020-21 with the contingency that this additional funding be used to provide an Evening Connections Program in an East County location. Staff has subsequently been in contact with Rubicon Programs, Inc. about the Panel’s desire to duplicate evening services in East County, and Rubicon has indicated that it has available resources that can be leveraged to provide these services from its Antioch location, and these services would include the ability to transport individuals to this location if they are released from Martinez Detention Facility between 5pm and 7pm during the week. Furthermore, Rubicon indicated its interest and intention to collaborate with HealthRIGHT 360 in the provision of an Evening Connections Program in East County. On December 2, 2019, the PPC considered the recommendations of the Review Panel and recommended the Board of Supervisors award $300,000 from the Local Innovation Fund to Rubicon Programs, Inc. for an Evening Connections Program in both West County and East County for FY 2020-21. RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Swinerton Builders, (d/b/a Swinerton Management & Consulting), in an amount not to exceed $500,000 to provide on-call project management services, for the period January 1, 2020 to December 31, 2022, Countywide. (All Districts) FISCAL IMPACT: 100% Federal, State, Local, and/or General Funds. BACKGROUND: The Public Works Department is involved in various projects in the County, which require project management services for capital improvement projects. After a solicitation process, this firm was selected as one of three firms to provide project management services on an “on-call” basis. The consultant will augment Public Works staff during busy times when extra help is needed or when in-house expertise is not available. This on-call contract will be in effect for three years. Government code section 31000 authorizes the County to enter into contract for consultant services. CONSEQUENCE OF NEGATIVE ACTION: If the contract is not approved, necessary capital projects may not be completed in a timely manner, which may jeopardize funding and delay design and construction of various capital projects. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Rochelle Johnson (925)313-2299 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Slava Gospodchikov - Engineering Services , Carl Roner- Special Districts, Rochelle Johnson - Special Districts, Scott Anderson - Special Districts, Paulette Denison- Finance, Swinerton Builders C. 48 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:December 17, 2019 Contra Costa County Subject:Contract with Swinerton Builders, (d/b/a Swinerton Management & Consulting), to provide on-call project management services, Countywide. ATTACHMENTS Contract (Draft) Swinerton Builders d/b/a Swinerton Builders & Management Consulting DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with Bates Stringer – Oak Park, LLC, effective April 1, 2019, to amend the service plan to modify the list of subcontractors and work being performed by subcontractors, increase the payment limit by $410,000 to a new payment limit of $1,960,000, and extend the term of the contract through November 30, 2020, for continued real estate services related to the County-owned property located at 1700 Oak Park Blvd. and 1750 Oak Park Blvd., in Pleasant Hill. (Project No.: 0928-WH113B) FISCAL IMPACT: 100% General Fund. The costs incurred by the County under this contract will be paid from the County’s General Fund. Proceeds from the sale of the property located at 1750 Oak Park Blvd. will be used to reimburse the General Fund. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Karen Laws, 925. 957-2456 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 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:Brian M. Balbas, Public Works Director/Chief Engineer Date:December 17, 2019 Contra Costa County Subject:Contract amendment with Bates Stringer-Oak Park, LLC for real estate services related to County-owned property at 1700 Oak Park Blvd., Pleasant Hill. BACKGROUND: The County owns approximately eight acres of unimproved property located at 1700 Oak Park Blvd. in Pleasant Hill and approximately five acres of improved property located at 1750 Oak Park Blvd. in Pleasant Hill. Approximately two acres of property adjoining the County-owned property at 1700 Oak Park Blvd. is owned by the Mt. Diablo Unified School District (MDUSD). To maximize the public benefit of the property located at 1700 Oak Park Blvd., the County and MDUSD are working together to sell all ten acres. Toward that end, the County and MDUSD are considering transferring approximately five of the ten acres to the City of Pleasant Hill for use as the site of new city-owned library and the other approximately five acres to the Pleasant Hill Recreation and Park District for recreational uses. In addition, the County intends to sell the approximately five-acre County-owned property located at 1750 Oak Park Blvd. to a private developer for residential use. As part of the development of 1700 Oak Park Blvd., approximately one and a half acres (of the ten-acre parcel) will be dedicated to the City of Pleasant Hill for road and utility right-of-way (on Monticello Ave.). On February 25, 2014, the Board of Supervisors authorized the Public Works Director to work with the City of Pleasant Hill on the disposition of County properties in the South Pleasant Hill area. On November 14, 2017, the Board of Supervisors approved the contract with Bates Stringer – Oak Park, LLC (Contractor) for real estate services related to the disposition of the properties. In accordance with the terms of the contract, the Contractor has been working with the City of Pleasant Hill to obtain land use approvals related to the disposition of the properties. Because of the complexity of the process, the Contractor has experienced higher than expected costs. In addition, in order to adequately address permitting requirements in a timely manner, Contractor assisted the City submit various permit applications, including permit applications to the US Army Corps of Engineers for a Section 404 pursuant to the Federal Clean Water Act, and a Section 401 permit from the San Francisco Regional Water Quality Control Board documenting compliance with State water quality standards. This contract amendment will allow the Contractor to be paid for additional costs incurred and for additional work performed. The County anticipates being reimbursed approximately $100,000 from the City of Pleasant Hill for Contractor’s assistance with the resource agency permit applications. CONSEQUENCE OF NEGATIVE ACTION: If the contract amendment is not approved, the Contractor will not be fully repaid for costs incurred in service to the County under the contract. ATTACHMENTS Contract Amendment RECOMMENDATION(S): (1) APPROVE the design and bid documents, including the plans and specifications, for the Health Services Department, Data Center Improvement Project; and (2) AUTHORIZE the Public Works Director, or designee, to solicit bids to be received on or about January 30, 2020, and issue bid addenda, as needed, for clarification of the bid documents, provided the involved changes do not significantly increase the construction cost estimate; and (3) DIRECT the Clerk of the Board to publish, at least 14 calendar days before the bid opening date, the Notice to Contractors in accordance with Public Contract Code Section 22037, inviting bids APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Ramesh Kanzaria 925-957-2480 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 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:Brian M. Balbas, Public Works Director/Chief Engineer Date:December 17, 2019 Contra Costa County Subject:APPROVE the Health Services Department, Data Center Improvement Project and AUTHORIZE the Public Works Director, or designee, to advertise the Project RECOMMENDATION(S): (CONT'D) for this project. (4) DIRECT the Public Works Director, or designee, to send notices by email or fax and by U.S. Mail to the construction trade journals specified in Public Contract Code Section 22036 at least 15 Calendar days before the bid opening. FISCAL IMPACT: 100% Hospital Enterprise Fund. BACKGROUND: The project consists of improvements to an existing data center facility. The data center is currently non-operational. Scope of this project is primarily electrical upgrades and specialized cooling for new data center equipment. It will include, but not be limited to, installation and anchoring of 25 owner furnished cabinet assemblies (88.5”x30”x48”), procurement and installation of two (2) redundant, parallel uninterrupted power supplies (150kva/480V), power distribution units, busways and supporting infrastructure including conduit, conductors and associated structural supports and bracing. Demolition and modification of existing electrical equipment and circuits will be required. In addition, scope will include procurement and installation of row based, air-cooled, precision cooling systems. Plans and specifications for the project have been prepared for the Public Works Department by Ratcliff Architects. The construction cost estimate is $850,000 and the general prevailing wage rates are on file with the Clerk of the Board of Supervisors and will be the minimum rates paid on this project. CONSEQUENCE OF NEGATIVE ACTION: If the project is not approved, the new data center electrical/HVAC improvement work will not be completed and Health Services will not be able to utilize the leased data center facility at 2380 Bisso Lane in Concord for the remainder of the 12 years on the lease. RECOMMENDATION(S): APPROVE and AUTHORIZE the Auditor-Controller, to pay $88,159.53 to TForce Final Mile West, LLC, a Limited Liability Company, for courier services provided to the Contra Costa Regional Medical Center (CCRMC), Contra Costa Health Centers, and Contra Costa Detention Facilities, for the period of December 29, 2018 through June 22, 2019. FISCAL IMPACT: 100% Funding is included in the Hospital Enterprise Fund I budget. BACKGROUND: On October 5, 2018, Health Services Materials Management Unit initiated a contract renewal for Beavex, Inc., a for profit corporation, which had been the handling courier needs for the Health Services Department. The contract was sent to Beavex, Inc. for signature but was never returned. In the spring of 2019, the Materials Management Unit received an e-mail from TForce Final Mile West, LLC, stating that Beavex Inc. had declared bankruptcy and sold all its assets to TForce Final Mile West, LLC. At no time was the Health Services Department notified of this change by Beavex, Inc., nor was it notified by TForce Final Mile West, LLC until months after the fact. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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, 925-370-5101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Jasmine Campos, Marcy Wilhelm C. 51 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 17, 2019 Contra Costa County Subject:Payment for Services Provided by TForce Final Mile West, LLC. BACKGROUND: (CONT'D) At this time, TForce Final Mile West, LLC was notified via e-mail to cease performing courier services immediately because there was no contract in place, and the vendor was asked to submit all the outstanding invoices for services that they had provided. Health Services Department has determined that TForce Final Mile West, LLC is entitled to payment for the reasonable value of their services under the equitable relief theory of quantum meruit. This theory provides that where a vendor has provided services without a valid contract, and the provider does so to the benefit of the County, the vendor is entitled to recover the reasonable value of these services. Hence, the Health Services Department is requesting that TForce Final Mile West, LLC, be paid the amount owing of $88,159.53. CONSEQUENCE OF NEGATIVE ACTION: If this request is not approved, the County cannot pay the vendor, TForce Final Mile West, LLC, for services rendered. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #23-441-6 with DJR Healthcare Consulting, Inc., a corporation, in an amount not to exceed $597,000, to provide consultation and technical assistance to the Contra Costa Regional Medical Center (CCRMC) and Health Centers, for the period from January 1, 2020 through December 31, 2021. FISCAL IMPACT: This Contract is funded 100% by Hospital Enterprise Fund I. (No rate increase) BACKGROUND: On December 19, 2017, the Board of Supervisors approved Contract #23-441-5 with the DJR Healthcare Consulting, Inc. to provide professional consultation and technical assistance to the CCRMC and Health Centers with regard to planning, organizing, directing and evaluating systems for quality care, for the period from January 1, 2018 through December 31, 2019. Approval of Contract #23-441-6 will allow the Contractor to provide consultation and technical assistance to the CCRMC and Health Centers as requested by the CCRMC Chief Executive Officer or the Health Services Chief Executive Officer, through December 31, 2021. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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, 925-370-5101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Marcy Wilhelm C. 52 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 17, 2019 Contra Costa County Subject:Contract #23-441-6 with DJR Healthcare Consulting, Inc. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the Department would not have appropriate consultation and technical assistance to plan, organize direct and evaluate operations at CCRMC and Health Centers. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment/Extension Agreement #25-066-15 with Shelter Inc., a non-profit corporation, effective December 31, 2019, to amend Contract #25-066-14, to increase the payment limit by $119,282, from $555,718, to a new payment limit of $675,000, and extend the termination date from December 31, 2019 to February 29, 2020, to provide additional temporary supportive housing services. FISCAL IMPACT: This Contract is funded 100% by Employment and Human Services Department CalWORKS. (No rate increase) BACKGROUND: On July 30, 2019, the Board of Supervisors approved Contract #25-066-14, with Shelter Inc. to provide supportive housing services for homeless families, for the period from July 1, 2019 through December 31, 2019. Approval of Contract Amendment/Extension Agreement #25-066-15 will allow the Contractor to provide additional supportive housing services through February 29, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Lavonna Martin, 925-608-6701 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker, M Wilhelm C. 53 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 17, 2019 Contra Costa County Subject:Amendment/Extension #25-066-15 with Shelter Inc. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contractor will not continue providing supportive housing services for homeless families. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of County Contract Amendment Agreement #26-938-26 with David H. Raphael, M.D., an individual, effective December 1, 2019, to amend Contract #26-938-24, as amended by Amendment Agreement #26-938-25, to increase the payment limit by $158,000, from $826,000 to a new payment limit of $984,000, with no change in the original term of January 1, 2019 through December 31, 2020. FISCAL IMPACT: This amendment is funded 100% by Hospital Enterprise Fund I. (No rate increase) BACKGROUND: On December 18, 2018, the Board of Supervisors approved Contract #26-938-24, as amended by Amendment Agreement #26-938-25, with David H, Raphael, M.D., to provide general surgery services including consultation, training, on-call coverage services and medical procedures at Contra Costa Regional Medical Center (CCRMC) and Health Centers, for the period January 1, 2019 through December 31, 2020. Approval of Contract Amendment Agreement #26-938-26 will allow the Contractor to provide additional hours of general surgery services at CCRMC and Health Centers through December 31, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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., 925-370-5475 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker, M Wilhelm C. 54 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 17, 2019 Contra Costa County Subject:Contract Amendment Agreement #26-938-26 with David H. Raphael, M.D. BACKGROUND: (CONT'D) CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, patients at CCRMC and Health Centers requiring general surgery 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 Amendment Agreement #26-604-14 with Michael C. Gynn, M.D., an individual, effective December 1, 2019, to amend Contract #26-604-13 to increase the contract Payment Limit by $60,000, from $830,000 to a new payment limit of $890,000, with no change in the term of January 1, 2019 through December 31, 2020. FISCAL IMPACT: Funded 100% by Hospital Enterprise Fund I. BACKGROUND: On January 15, 2019, the Board of Supervisors approved Contract #26-604-13 with Michael C. Gynn, M.D. for the provision of general surgery services at Contra Costa Regional Medical Center and Health Centers, for the period from January 1, 2019 through December 31, 2020. Approval of Contract Amendment Agreement #26-604-14 will increase the payment limit by $60,000 to allow for the provision of additional general surgery services, with no change in the original term of the contract. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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., 925-370-5475 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: A. Floyd , M Wilhelm C. 55 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 17, 2019 Contra Costa County Subject:Contract Amendment Agreement #26-604-14 with Michael C. Gynn, M.D. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the Department will not have sufficient funding to reimburse the Contractor for additional services provided. RECOMMENDATION(S): APPROVE clarification of Board action of November 12, 2019, (C.34) to change the name of the vendor to read Priority Healthcare Distribution Inc. (dba Curascript Specialty Distribution) instead of Express Scripts Pharmacy, Inc. with no change in the payment limit of $500,000.00 and no change in the term of December 1, 2019 through November 30, 2019 FISCAL IMPACT: 100% funding is included in the Hospital Enterprise Fund I Budget. BACKGROUND: Curascript, Inc. is a pharmaceutical company that provides Contra Costa Regional Medical Center (CCRMC) and Health Clinics and Martinez Detention Center and West County Detention Center with hormone implant Nexplanon to be used in the Obstetrics/Gynecology Unit. Express Scripts Pharmacy, Inc. was used in error. The Vendor's correct name should read Priority Healthcare Distribution, Inc. (dba Curascript Specialty Distribution). CONSEQUENCE OF NEGATIVE ACTION: If this Purchase Order is not approved, the Department will not be able to purchase Nexplanon for the patient population at Contra Costa Regional Medical Center and Health Clinics and Martinez Detention Center and West County Detention Center. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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, 925-370-5101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Irene Segovia, Marcy Wilhelm C. 56 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 17, 2019 Contra Costa County Subject:Correct Board Order Item # C.34 with Express Scripts Pharmacy, Inc. RECOMMENDATION(S): APPROVE and ACKNOWLEDGE that, by its terms, the contract between the County and the Regents of the University of California, Davis, pertaining to staff training on eligibility, employment services, adult services, and general leadership and initially approved by the Board on September 24, 2019 (Item C. 44), does not contain a match requirement imposed on the University, does require County revenue, includes the possibility of child welfare trainings, reflects a reduced number of anticipated trainings to be provided by the University, and reflects a payment limit of $114,750, not $117,335. FISCAL IMPACT: This will decrease department expenditures to $114,750, funded by 28% State, 48% Federal and 24% County revenues (CFDA #93.658, Foster Care Title IV-E; CFDA #93.778, Medical Assistance Program; CFDA #10.561, State Administrative Matching Grants for the Supplemental Nutrition Assistance Program; CFDA #93.558, Temporary Assistance for Needy Families). BACKGROUND: The University of California Davis (University) provides training to Employment APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 57 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:December 17, 2019 Contra Costa County Subject:Correct Details of Contract with the Regents of the University of California, Davis BACKGROUND: (CONT'D) and Human Services Department CalWORKS Eligibility, Employment Services and Welfare-to-Work, and Adult Services staff. These mandatory trainings include classes related to eligibility, leadership, health care reform, professional development, and career growth resulting in a more informed and skilled staff. The Regents of the University of California, Davis, require the inclusion of a mutual indemnification clause in the Agreement, which has been reviewed and approved by County’s Risk Management Department and County Counsel. This correction eliminates any match requirement from the University and imposes it on the County. Further this correction reduces the number of trainings provided, resulting from the decreased Agreement Payment Limit. CONSEQUENCE OF NEGATIVE ACTION: The University will not enter into the Agreement and EHSD will be unable to provide training necessary to ensure a knowledgeable and professional staff. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #24-259-66 with Center Human Development, a non-profit corporation, effective December 1, 2019, to amend Contract #24-259-65 to decrease the payment limit by $74,692, from $694,001 to a new payment limit of $619,309, with no change in the term of July 1, 2019 through June 30, 2020. FISCAL IMPACT: This Contract is funded 100% by Federal Substance Abuse Prevention and Treatment (SAPT) Primary Prevention. (No rate increase) BACKGROUND: On July 23, 2019, the Board of Supervisors approved Contract #24-259-65 with Center for Human Development to provide substance abuse primary prevention services, for the period from July 1, 2019 through June 30, 2020. Approval of Contract Amendment Agreement #24-259-66 will allow the Contractor to continue to provide substance abuse primary prevention services, through June 30, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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., 925-957-5210 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: E Suisala , M Wilhelm C. 58 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 17, 2019 Contra Costa County Subject:Amendment #24-259-66 with Center for Human Development CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, County’s Clients will not receive substance abuse prevention and educational and environmental strategies for high risk youth. CHILDREN'S IMPACT STATEMENT: This prevention and treatment program supports the following Board of Supervisors’ community outcomes: “Children Ready For and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include addicted youth being provided an opportunity to prevent or recover from the effects of alcohol or other drug use, become self-sufficient, and return to their families as productive individuals. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Novation Contract #74-058-28 with Seneca Family of Agencies, a non-profit corporation, in an amount not to exceed $8,931,426, to provide school and community-based wraparound mental health services and Therapeutic Behavioral Services (TBS) for Seriously Emotionally Disturbed (SED) children and their families for the period from July 1, 2019 through June 30, 2020, which includes a six-month automatic extension through December 31, 2020, in an amount not to exceed $4,465,713. FISCAL IMPACT: This Contract is funded by 50% Federal Medi-Cal, 41% County Realignment, 4% Mount Diablo/Martinez/Walnut Creek Unified School District Grants and 5% Employment and Human Services Department. (Rate increase) BACKGROUND: On December 18, 2018, the Board of Supervisors approved Novation Contract #74-058-26 (as amended by Contract Amendment Agreement #74-058-27) with Seneca Family of Agencies for the provision of school and community-based wraparound mental health services and TBS for SED children and their families, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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, 925-957-5210 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: E Suisala , M Wilhelm C. 59 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 17, 2019 Contra Costa County Subject:Contract #74-058-28 with Seneca Family of Agencies BACKGROUND: (CONT'D) for the period July 1, 2018 through June 30, 2019, which included a six-month automatic extension through December 31, 2019. Approval of Novation Contract #74-058-28 replaces the automatic extension under the prior Contract and allows the Contractor to continue providing services through June 30, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, SED children throughout the County will not have access to Contractor’s school and community-based mental health services, possibly resulting in the need for higher levels of care. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: “Children Ready For and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Conservation and Development, or designee, to execute a contract amendment with Alta Planning + Design, Inc., to extend the term from December 31, 2019 to February 29, 2020, to allow the Contractor to continue analyzing the feasibility of active transportation concepts for the Iron Horse Corridor. FISCAL IMPACT: No impact to the County General Fund. 100% funded by a Transportation for Livable Communities grant from the Contra Costa Transportation Authority. BACKGROUND: In June 2018, the Department of Conservation and Development ("DCD") entered into a contract with Alta Planning + Design, Inc., in an amount not to exceed $349,568 for the period June 1, 2018 through December 31, 2019, to assist DCD in developing and studying the feasibility of active transportation concepts for the Iron Horse Corridor. It is now necessary to extend this contract to allow the Contractor to continue providing their services. The Administrative Draft Study was completed in November 2019 and is currently under review. The Final Draft will be completed in January 2020 and revised (if necessary) after public review. There will be no change to the existing payment limit of $349,568. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Jamar Stamps, (925) 674-7832 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 60 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:December 17, 2019 Contra Costa County Subject:Contract amendment with Alta Planning + Design, Inc. for the “Contra Costa County Iron Horse Active Transportation Corridor Study” CONSEQUENCE OF NEGATIVE ACTION: If unapproved, Alta Planning + Design, Inc., would not be able to continue to provide their services, which may result in delayed delivery of the Final Study. RECOMMENDATION(S): APPROVE and AUTHORIZE the County Probation Officer, or designee, to execute a software and services agreement with Kronos Incorporated, in an amount not to exceed $70,000 for Kronos Workforce Scheduling and Timekeeping software for the period of December 20, 2019 through December 19, 2020. FISCAL IMPACT: $70,000, 100% General Fund BACKGROUND: Probation is using the Kronos Workforce and Timekeeper software service for the Juvenile Hall (JH) and the Orin Allen Youth Rehabilitation Facility (OAYRF) for payroll and shift scheduling. Telestaff software calls staff when open shifts are available. Card readers at multiple entrances at both for JH and OAYRF allow accurate and timely shift tracking. The software, services and equipment are being purchased through the Omnia Partners LLC Purchsing Alliance that the County participates in. The County is agreeing to the terms and conditions contained in the contract between Kronos and Cobb County, Georgia (Lead Agency Contract #18220). Contracting through the U.S. Communities Purchasing Alliance allowed Probation to save over $13,000 on this project over the last three years. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Danielle Fokkema, 925-313-4195 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 61 To:Board of Supervisors From:Todd Billeci, County Probation Officer Date:December 17, 2019 Contra Costa County Subject:Probation Contract with Kronos Incorporated BACKGROUND: (CONT'D) The software is hosted by Kronos, which means the software and timekeeping data are stored on Kronos’s servers or its third-party hosts’ servers. The contract provides that data will be backed up daily and adheres to industry standards (SSAE 16, SOC 1, and SOC 2) with respect to data security. As Kronos maintains employee data on their systems, Kronos requests that the County indemnify Kronos in the event any employee data in the hosted database violates any person’s right of privacy. Under the agreement, Kronos is not obligated to defend the County in the event any employee data is disclosed due to a breach of the Kronos system. CONSEQUENCE OF NEGATIVE ACTION: No service and support agreements for the existing system in place in the juvenile detention facilities. RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Syserco, Inc., a California Corporation, in an amount not to exceed $2,500,000, to provide Alerton building automation hardware and software maintenance and repair for the period February 1, 2020 through January 31, 2023, Countywide. FISCAL IMPACT: All costs associated with this contract will not exceed $2,500,000 and will be funded 100% by Facilities Services Funds (General Fund). BACKGROUND: Public Works Facilities Services is responsible for operation, maintenance and repair of all County facilities building automation systems. The County uses Alerton building automation systems to remotely control heating, ventilation and air conditioning systems at various APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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 Lachapelle, (925) 313-7082 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 62 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:December 17, 2019 Contra Costa County Subject:Contract with Syserco, Inc., a California Corporation, Countywide. BACKGROUND: (CONT'D) facilities throughout the County. County and Contractor will be systematically replacing outdated controllers. Syserco, Inc. has been established as a sole source vendor for Alerton products. This contract will be in effect for 36 months. Government Code Section 31000 authorizes the County to contract for services including the type of building automation system services that Syserco, Inc. provides. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, Alerton building automation system maintenance and repair will be discontinued. RECOMMENDATION(S): ADOPT Resolution No. 2019/636, nominating two County districts in Bay Point and Pacheco as Association of Bay Area Governments/Metropolitan Transportation Commission's recognized Priority Production Areas, and supporting the City of Antioch's nomination of the Wilbur Avenue corridor, in order to establish eligibility for grant funding and other resources. FISCAL IMPACT: Receiving Priority Production Areas designations may expand future grant funding and financial investment eligibility. BACKGROUND: On June 17, 2019, the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG) released an open call for letters of interest for a new pilot program that will introduce Priority Production Areas (PPAs) as a new Priority Area designation. Priority Areas are specific locations well suited for a specific use and previously only included Priority Development Areas (PDAs) and Priority Conservation Areas (PCAs). PPAs are based on new criteria developed by ABAG/MTC that APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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 Davis, (925) 674-7886 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 63 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:December 17, 2019 Contra Costa County Subject:Authorization and Nomination of ABAG/MTC Priority Production Areas BACKGROUND: (CONT'D) calls for the enhancement and protection of industrial areas. These areas will inform ABAG/MTC’s future investments, and may be used as grant eligibility criteria by other agencies and organizations. The intention of the pilot program is to protect and support the Bay Area’s industrial and manufacturing sectors through the provision of resources and implementation of streamlining actions. Thus, these PPAs should be districts that are consistent with current land use designations, have the capacity to add jobs, and spur economic growth. However, at this point in the pilot program, there is no associated grant funding. There are a number of ways in which the County might benefit from identifying potential PPAs. The designated areas will be officially recognized in the region’s long-range plan, Plan Bay Area 2050, which will promote and position them for future investment. Similar to grant programs associated with PDAs, the assumption is that the PPA program will eventually include a grant program through ABAG and MTC. Other investment may come from businesses that are looking to take advantage of the PPA designation. Given the multi-jurisdictional nature of the Northern Waterfront Economic Development Initiative, staff will investigate opportunities with neighboring agencies for a collaborative approach in order to increase our chances of success. Staff reviewed areas throughout unincorporated Contra Costa County, with a special focus on the Northern Waterfront Initiative area, for compatibility with the PPA criteria and goals. On September 10, 2019, the Board of Supervisors authorized the submittal of Letters of Interest for three potential PPAs: Pacheco/North Concord, Bay Point, and Byron Airport. Ultimately, Byron Airport was withdrawn from consideration by ABAG/MTC due to its lack of urban density. The remaining two areas (Pacheco and Bay Point) each contain large, contiguous portions of land that are already zoned for industrial-type uses. They are both within the Northern Waterfront and do not overlap with PDA-eligible land, allowing for the option of future expansion of the PDAs. Additionally, the Pacheco PPA is well situated near housing and transit, while also having the unique asset of a regional airport which could entice aviation innovation companies to locate there. Pacheco PPA The proposed Pacheco PPA (Attachment 1) has parcels zoned for manufacturing, light industrial, and heavy industrial and commercial use in the Pacheco-unincorporated North Concord-Buchanan Field area. It is bordered by the Urban Limit Line to the north, City of Martinez to the west, City of Concord to the south, and by natural barriers to the east. The zone also includes Buchanan Airport and is only a couple of miles from shipping channel docks. Highway 680 and Highway 4, both major arterials, also border this zone, while rail tracks run along its northern section. There is a cluster of small and large manufacturing operations currently in this location, considered to be within the Northern Waterfront Economic Development Initiative area. Advanced manufacturing is a key industry for its middle-wage jobs. Bay Point PPA The proposed Bay Point PPA (Attachment 2) is centrally located in Bay Point and primarily designated for industry within the existing P-1 overlay. It is bordered by marshland to the north, residential neighborhoods east and west, and both Willow Pass Road and an existing PDA to the south. Suisun Bay access is just to the north, while the Willow Pass Road and Highway 4, both major arterials, are just south of the proposed PPA. The Henkel Corporation and Criterion Catalyst are existing large employers within the proposed PPA, and are also some of the largest employers in the unincorporated County. As this area is also within the Northern Waterfront Economic Development Initiative area and has large developable parcels, advanced manufacturing is a target industry to retain and attract. In addition to these two PPAs within the unincorporated County, the staff recommendation includes support for the PPA proposal for the Wilbur Avenue corridor (within the Northern Waterfront) that will be submitted to by the City of Antioch. A small section of Wilbur is unincorporated, but the preponderance is incorporated, so Antioch will be the administrative lead for the submittal. The County and City are already cooperating in this area on the short-line rail feasibility study underway by the County. As of November 1, 2019, the County was informed that its proposed Pacheco and Bay Point PPAs met ABAG/MTC eligibility criteria, based on a preliminary internal review. In order to make these Priority Areas official, the County must adopt a Board of Supervisors Resolution No. 2019/636, nominating new PPAs to ABAG/MTC by January 16, 2020. CONSEQUENCE OF NEGATIVE ACTION: Failing to nominate and adopt these Priority Area designations may prevent the County from receiving funding and/or technical assistance from ABAG/MTC to support planning and infrastructure in these areas. Furthermore, these areas would be left out of the region's long-range plan, which highlights sectors primed for future investment. AGENDA ATTACHMENTS Resolution 2019/636 Figure 1. Proposed Pacheco PPA Figure 2. Proposed Bay Point PPA MINUTES ATTACHMENTS Signed Resolution No. 2019/636 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/17/2019 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2019/636 IN THE MATTER OF authorizing the designation of the Bay Point and Pacheco locations, and nominating them to both the Association of Bay Area Governments (ABAG) and the Metropolitan Transportation Commission (MTC) for adoption as Priority Production Areas (PPAs). WHEREAS, the County of Contra Costa, in support of the Northern Waterfront Initiative, is hoping to attract and retain advance manufacturing and related industries by leveraging existing assets and facilitating development; and WHEREAS, ABAG and MTC are responsible for the creation of Plan Bay Area 2050’s Regional Growth Framework, the long-range strategy for coordinating housing and job growth among the nine-county San Francisco Bay Area; and WHEREAS, this framework includes locally nominated Priority Production Areas as industrial hubs supporting production, advance manufacturing, distribution, and repair networks, supporting economic vitality withing the region and promoting middle-wage job growth; and WHEREAS, jurisdictions with PPAs may have access to future regional funding to support these areas; NOW, THEREFORE, BE IT RESOLVED the County of Contra Costa Board of Supervisors submits nominations to ABAG and the MTC to designate both the Bay Point and Pacheco locations as PPAs. BE IT FURTHER RESOLVED that the Board of Supervisors acknowledges and supports the City of Antioch's proposed PPA along the Wilbur Avenue corridor, featuring a small section of unincorporated land. Contact: Daniel Davis, (925) 674-7886 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.63 RECOMMENDATION(S): ACCEPT the Contra Costa County Library Commission 2019 Annual Report and 2020 Work Plan. FISCAL IMPACT: No fiscal impact. BACKGROUND: On June 18, 2002, the Board of Supervisors adopted Resolution No. 2002/377, which requires that each regular and ongoing board, commission or committee shall annually report to the Board on its activities, accomplishments, membership attendance, required training/certification (if any), and proposed work plan or objectives for the following year on the second Tuesday in December. The attached report fulfills this requirement for the Library Commission. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 64 To:Board of Supervisors From:Melinda Cervantes, County Librarian Date:December 17, 2019 Contra Costa County Subject:Contra Costa County Library Commission 2019 Annual Report and 2020 Work Plan ATTACHMENTS CCCLC 2019 Annual Report RECOMMENDATION(S): ACCEPT the Contra Costa County Historical Landmarks Advisory Committee (HLAC) 2019 Annual Report. FISCAL IMPACT: Approval of the Historical Landmarks Advisory Committee (HLAC) 2019 Annual Report will not have a fiscal impact. However, HLAC is an unfunded committee and the cost of providing staff support is absorbed by the Department of Conservation and Development. BACKGROUND: On December 13, 2011, the Board of Supervisors adopted Resolution No. 2011/497, which requires that each regular and ongoing board, commission, or committee annually report to the Board of Supervisors on its activities, accomplishments, membership attendance, required training/certification (if any), and proposed work plan or objectives for the following year. Attached, please find the HLAC's annual report for 2019. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: (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: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 65 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:December 17, 2019 Contra Costa County Subject:Historical Landmarks Advisory Committee (HLAC) 2019 Advisory Body Annual Report CONSEQUENCE OF NEGATIVE ACTION: In unapproved, HLAC will not be in compliance with Resolution No. 2011/497. ATTACHMENTS 2019 HLAC Annual Report RECOMMENDATION(S): ADOPT Resolution No. 2019/665 conditionally providing for the issuance of multifamily housing revenue bonds in an aggregate amount not to exceed $18,000,000 to finance the acquisition and construction of Veterans Square Apartments, a 30-unit multifamily residential rental housing development, located at 901 Los Medanos Street (APN 085-182-001) and 295 E. 10th Street (APN 085-196-001) in the City of Pittsburg, California (the "Development"), and approving related actions. FISCAL IMPACT: None. In the event that the bonds are issued, the County is reimbursed for costs incurred in the issuance process. Annual expenses for monitoring of Regulatory Agreement provisions ensuring certain units in the Development will be rented to low-income households are accommodated in the bond issue. The bonds will be solely secured by and payable from revenues (e.g. development rents, reserves, etc.) pledged under the bond documents. No County funds are pledged to secure the bonds. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 66 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:December 17, 2019 Contra Costa County Subject:Reimbursement Resolution for Multifamily Housing Revenue Bonds - Veterans Square in Pittsburg BACKGROUND: Contra Costa County, through the Department of Conservation and Development, operates a multifamily housing revenue bond financing program. The purpose of the program is to increase or preserve the supply of affordable rental housing available to low and very low income households. The County program may be undertaken within the unincorporated County and within the cities located in the County that have agreed to let the County operate the program in their jurisdictions. Satellite Affordable Housing Associates (SAHA), a nonprofit affordable housing developer, requested to participate in the County's multifamily mortgage revenue bond financing program. They will serve as the managing general partner of Veterans Square, L.P. with a tax credit investor partner. The partnership will finance the acquisition and construction of a 30-unit multifamily rental housing facility known as Veterans Square Apartments located at 901 Los Medanos Street (APN 085-182-001) and 295 E. 10th Street (APN 085-196-001) in the City of Pittsburg. Twenty-nine of the units will be affordable to households earning between 30 and 60 percent of the area median income, and one unit will be reserved for the property manager. The project meets the eligibility criteria for bond financing and the County policy for this program. The Board of Supervisors previously allocated approximately $2.2 million in HOME Investment Partnerships Program funds for Veterans Square and approved the County submission of an application to the State for $3.6 million in No Place Like Home funds. A requirement of federal tax law is that the prospective financing be subject to a conditional statement of intent to issue bonds to reimburse expenses incurred prior to the date the bonds are issued, (i.e. a reimbursement resolution must be adopted by the Board of Supervisors). Also, the California Debt Limit Allocation Committee that allocates tax-exempt bond authority for the bond issue, requires that a reimbursement resolution be adopted before an application may be submitted for such an allocation. The adoption of a reimbursement resolution will not obligate the County or the owner without future discretionary actions, but will indicate the intent of the County to issue the bonds if all conditions in the reimbursement resolution have been satisfied. CONSEQUENCE OF NEGATIVE ACTION: Without the reimbursement resolution, Veterans Square, L.P. will not be able to commence with the process of applying to the California Debt Limit Allocation Committee for multifamily housing revenue bond authority through the County. CHILDREN'S IMPACT STATEMENT: The recommendation supports one or more of the following children's outcomes: (1) Children Ready for and Succeeding in School; (2) Children and Youth Healthy and Preparing for Productive Adulthood; (3) Families that are Economically Self Sufficient; (4) Families that are Safe, Stable and Nurturing; and (5) Communities that are Safe and Provide a High Quality of Life for Children and Families. AGENDA ATTACHMENTS Resolution 2019/665 MINUTES ATTACHMENTS Signed Resolution No. 2019/665 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/17/2019 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2019/665 Resolution Setting Forth the County’s Official Intent to Issue Revenue Bonds to Finance a Multifamily Residential Rental Housing Development – Veterans Square Apartments WHEREAS, the Board of Supervisors of the County of Contra Costa (the “County”) has determined that there is a shortage of safe and sanitary housing within the County, and that it is in the best interest of the residents of the County and in furtherance of the health, safety and welfare of the public for the County to assist in the financing of multifamily rental housing developments; and WHEREAS, pursuant to Division 31 of the Health and Safety Code of the State of California, and particularly Chapter 7 of Part 5 thereof (the “Act”), the County is empowered to issue and sell revenue bonds for the purpose of making mortgage loans or otherwise providing funds to finance the acquisition, construction and rehabilitation of multifamily rental housing, including units for lower income households and very low income households; and WHEREAS, Veterans Square, L.P., a California limited partnership (the “Borrower”) has requested that the County consider the issuance and sale of tax-exempt revenue bonds (the “Bonds”) pursuant to the Act for the purpose of lending the proceeds thereof to the Borrower to finance the acquisition and construction by the Borrower of 30 units of multifamily rental housing currently known as Veterans Square Apartments to be located at 901 Los Medanos Street and 295 East 10th Street (County Assessor’s Parcel Nos. 085-182-001-9 and 085-196-001) in the City of Pittsburg (the “Development”), to be owned by the Borrower; and WHEREAS, the Borrower has requested an expression of the Board of Supervisors willingness to authorize the issuance of the Bonds at a future date after the documentation relating to the financing has been prepared and completed, and the County’s requirements for the issuance of such Bonds have been satisfied; and WHEREAS, the Board of Supervisors now wishes to declare its intention to authorize the issuance of the Bonds, provided certain conditions are met, for the purpose of financing costs of the Development, in an aggregate principal amount not to exceed $18,000,000. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Contra Costa as follows: Section 1. The Board of Supervisors hereby determines that it is necessary and desirable to provide financing for the Development pursuant to the Act by the issuance of the Bonds in an aggregate principal amount not to exceed Eighteen Million Dollars ($18,000,000). The issuance of the Bonds shall be subject to the following conditions: (a) the County by resolution of the Board of Supervisors shall have first agreed to acceptable terms and conditions for the Bonds (and for the sale and delivery thereof), and for all agreements with respect to the Bonds to which the County will be a party; (b) all requisite governmental approvals for the Bonds shall have first been obtained; (c) the Bonds shall be payable from revenues received with respect to a loan to the Borrower made with the proceeds of the Bonds, and neither the full faith nor the credit of the County shall be pledged to the payment of the principal of or interest on the Bonds; (d) any occupancy and other requirements of the Internal Revenue Code of 1986, as amended (the “Code “) are satisfied or otherwise provided for with respect to Bonds, the interest on which is intended to be excluded from gross income for federal tax purposes; (e) any occupancy and other requirements of the Act with respect to the Development are satisfied or otherwise provided for; and (f) any occupancy and other requirements of the County applicable to the Development are satisfied or otherwise provided for. Section 2. The Chair of the Board of Supervisors, the Vice-Chair of the Board of Supervisors, the County Administrator, the Director of Conservation and Development, the Affordable Housing Program Manager of Conservation and Development, County Counsel and the other officers of the County are hereby authorized and directed to take whatever further action consistent with this Resolution may be deemed reasonable and desirable, including participating in the preparation of any resolution, indenture, bond purchase agreement, official statement and/or other documents or agreements necessary or appropriate to effect the Bond financing, and any actions necessary to obtain an allocation of the State of California’s private activity bond volume cap for the Bonds under Section 146 of the Code and Section 8869.85 of the Government Code, including obtaining a deposit from or on behalf of the Borrower, and submitting an application for such volume cap to the California Debt Limit Allocation Committee, all to the extent required for the issuance of the Bonds. Section 3. It is the purpose and intent of the County that this Resolution constitute a declaration of official intent to issue the Bonds for the Development for purposes of Sections 103 and 141 to 150 of the Code. The County reasonably expects that certain costs of the Development will be reimbursed with proceeds of the Bonds for certain expenditures made prior to the issuance of the Bonds. Section 4. This Resolution shall take effect immediately upon its adoption. Contact: Kristen Lackey (925) 674-7888 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.66 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Unpaid Student Training Agreement #26-209-11 with University of the Pacific, for its Departments of Physical Therapy and Speech Therapy, an educational institution, to provide supervised field instruction at Contra Costa Regional Medical Center (CCRMC) and Contra Costa Health Centers to physical therapy and speech therapy doctorate students for the period from January 1, 2020 through December 31, 2021. FISCAL IMPACT: There is no fiscal impact for this action. BACKGROUND: The purpose of this agreement is to provide University of the Pacific for its Department of Physical Therapy and Speech Therapy doctorate students with the opportunity to integrate academic knowledge with applied skills at progressively higher levels of performance and responsibility. Supervised fieldwork experience for students is considered to be an integral part of both educational and professional preparation. The Health Services Department can provide the requisite field education, while at the same time, benefitting from the students’ services to patients. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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, 925-370-5101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: A Floyd, M Wilhelm C. 67 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 17, 2019 Contra Costa County Subject:Unpaid Student Training Agreement #26-209-11 with University of the Pacific BACKGROUND: (CONT'D) On January 9, 2018, the Board of Supervisors approved Contract #26-209-9 (as amended by Contract Amendment Agreement #26-209-10) with University of the Pacific, for the period from January 1, 2018 through December 31, 2019 for the provision of supervised fieldwork instruction experience with Health Services. Approval of Unpaid Student Training Agreement #26-209-11, will allow University of the Pacific Physical Therapy and Speech Therapy doctorate students to receive supervised fieldwork instruction experience, at CCRMC and Contra Costa Health Centers through December 31, 2021. CONSEQUENCE OF NEGATIVE ACTION: If this agreement is not approved, the students will not receive supervised fieldwork instruction experience at CCRMC and Contra Costa Health Centers. RECOMMENDATION(S): 1. APPROVE a grant of $1,180,000 in Local Government Special Needs Housing Program (SNHP) funds to HCEB to acquire two adjacent properties, one at 903-919 Virginia Avenue, and one at 360-366 South 9th Street, Richmond. 2. CONSENT to the sale to Housing Consortium of the East Bay (HCEB) of real property located at 903-919 Virginia Avenue in Richmond by Rubicon Programs (Rubicon), in accordance with the requirements of a MHSA Revocable Grant Agreement between the County and Rubicon dated March 12, 2008. 3. APPROVE the assignment of Rubicon’s obligations under the 2008 MHSA Revocable Grant Agreement, and related documents, from Rubicon to HCEB as part of the transfer of ownership of the Virginia Avenue property. 4. APPROVE and AUTHORIZE the Director of Health Services to execute the necessary legal documents to effect the above actions. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: A Down, L Walker, M Wilhelm C. 68 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 17, 2019 Contra Costa County Subject:Legal documents for grant of Special Needs Housing Program funds for Virginia Avenue and 9th Street Properties FISCAL IMPACT: No impact to the General Fund. The County received $1,736,694 in SNHP (formerly a component of MHSA known as MHSA Housing Program) funds from the State of California in December 2016 ($1,735,224) and May 2017 ($1,470). These funds were sent from the California Housing Finance Agency to counties that wanted direct fund management. The funds are restricted and must be used to support affordable housing for persons meeting the MHSA eligibility criteria. BACKGROUND: Rubicon Programs, Inc. (Rubicon) is selling its residential properties and is focusing on providing services to the homeless. Housing Consortium of the East Bay (HCEB) entered into a purchase and sale agreement with Rubicon to purchase two of Rubicon’s properties in Richmond, one at 903-919 Virginia Avenue and one at 360-366 South 9th Street. Together these properties provide ten units of housing affordable to extremely low-income households with special needs. On March 12, 2008, the County entered into a Revocable Grant Agreement with Rubicon through which the County granted Rubicon $564,332 in MHSA funds to Rubicon to pay for the renovation of the 6-unit residential building located at 903-919 Virginia Avenue. In consideration for the grant, the Virginia Avenue property is subject to a Regulatory Agreement that restricts the occupancy of the apartments to low income households that have a member who are MHSA eligible. Rubicon’s obligations under the Revocable Grant Agreement and the Regulatory Agreement are secured by a Deed of Trust. The Regulatory Agreement, and the revocability of the 2008 grant, expire in March 2028. The County’s MHSA Three Year Program and Expenditure Plan Update (MHSA 3-year Plan) includes the use of $1.72 million of SNHP funds to support permanent supportive housing. This proposed use of funds is consistent with the MHSA 3-year Plan. Staff requests that the Board of Supervisors approve the attached documents in their substantially final form. The SNHP funds will be deposited into an escrow account with Old Republic Title that the buyer opened for this transaction. Escrow is expected to close no later than December 31, 2019. CONSEQUENCE OF NEGATIVE ACTION: Rubicon Programs, Inc. no longer includes housing in its core organizational mission. Failure to transfer the properties and grant to HCEB may result in diminished services to tenants residing in these properties. ATTACHMENTS Assignment and Assumption Agreement SNHP Deed of Trust SNHP Regulatory Agreement SNHP Revocable Grant 1 863\01\2711736.2 ASSIGNMENT, ASSUMPTION AND CONSENT AGREEMENT (Virginia Avenue Apartments MHSA Grant) This Assignment, Assumption and Consent Agreement (“Agreement ”) is dated December 15, 2019, and is by and among the County of Contra Costa, a political subdivision of the State of California (the “County”), Rubicon Programs, Inc., a California nonprofit public benefit corporation (“Seller ”), and Housing Consortium of the East Bay, a California nonprofit public benefit corporation (“Buyer ”). RECITALS A. Seller is the owner of certain real property located at 903 -919 Virginia Avenue in the City of Richmond, County of Contra Costa, State of California , as more particularly described in Exhibit A (the “Virginia Property”). The Virginia Property has been improved with a six-unit multifamily housing structure, together with a separate building containing an office and a community room. Seller is also the owner of certain rea l property located at 360-366 South 9th Street in the City of Richmond, County of Contra Costa, State of California, as more particularly described in Exhibit B (the “West Richmond Property”). The West Richmond Property has been improved with a four-unit multifamily housing structure. Together, the Virginia Property and the West Richmond Property are the “Property.” B. On March 12, 2008, the County made a revocable grant to Seller in the amount of Five Hundred Sixty-Four Thousand Three Hundred Thirty-Two Dollars ($564,332) (the “Rubicon Grant”) in Proposition 63 (2004) Mental Health Services Act (“MHSA”) funds to enable Seller to rehabilitate the six-unit multifamily housing structure on the Virginia Property. The Rubicon Grant is evidenced by a MHSA Revoca ble Grant Agreement dated as of March 12, 2008 (the “Rubicon Grant Agreement ”). C. As consideration for the Rubicon Grant, in addition to the Rubicon Grant Agreement, Seller entered into a Regulatory Agreement and Declaration of Restrictive Covenants dated as of March 12, 2008, which was recorded as Document Number 2008 -0066594- 00, in the official records of Contra Costa County (the “Rubicon Regulatory Agreement ”). The term of the Rubicon Regulatory Agreement expires March 11, 2028. D. Seller’s obligations under the Rubicon Grant Agreement and the Rubicon Regulatory Agreement are secured by a Deed of Trust with Assignment of Rents, Security Agreement, and Fixture Filing dated as of March 12, 2008, recorded as Document Number 2008-0066593-00, in the official records of Contra Costa County (the “Rubicon Deed of Trust”). E. Seller and Buyer are parties to a Purchase and Sale Agreement dated as of October 18, 2019, under which Buyer is acquiring the Property from Seller. To facilitate Buyer’s purchase of the Property from Seller, the County is making a revocable grant to Buyer in the amount of One Million One Hundred Seventy-Five Thousand Dollars ($1,175,000) 2 863\01\2711736.2 (the “Grant”) pursuant to a SNHP Revocable Grant Agreement between the County and Buyer of even date herewith (the “SNHP Grant Agreement ”). F. As consideration for the Grant and the County’s consent to Buyer’s acquisition of the Virginia Property, Buyer is entering into, among other agreements, (i) this Agreement, under which Buyer is assuming Seller’s rights and obligations under the Rubicon Grant Agreement, (ii) a Regulatory Agreement and Declaration of Restrictive Covenants of even date herewith, between the County and Buyer, evidencing County requirements applicable to the Grant and the Rubicon Grant, to be recorded against the Property (the “Regulatory Agreement ”), and (iii) a Deed of Trust with Assignment of Rents, Security Agreement, and Fixture Filing of even date herewith among Buyer, as trustor, Old Republic Title Company, as trustee, and the County, as beneficiary, that will encumber the Property to secure Grantee’s obligations and covenants under the SNHP Grant Agreement, the Rubicon Grant Agreement, and the Regulatory Agreement (the “Deed of Trust”). G. Simultaneously with the acquisition of the Virginia Property by Buyer, the County will reconvey the Rubicon Deed of Trust and terminate the Rubicon Regulatory Agreement. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: AGREEMENT 1. Representations of the Seller. The Seller represents and warrants that: a. It has not previously assigned, pledged, hypothecated or otherwise transferred any of its rights, title, or interest in the Virginia Property, or its rights, title, or interest in the Rubicon Grant Agreement. b. It has received the consent of all other existing lenders on the Virginia Property to the transfer of the Virginia Property, and the assignment and assumptions contemplated by this Agreement and that such actions will not constitute a default under any of such lenders’ loan documents. c. No event has occurred and is continuing that would constitute a default and no event has occurred and is continuing that, with notice or the passage of time or both, would be an event of default under any of the documents evidencing the Rubicon Grant. 2. Consent to Transfer of Property. Subject to the Buyer’s execution of this Agreement, the Regulatory Agreement, and the Deed of Trust, the County consents to the Assignment. 3. Assignment of Rubicon Grant. 3 863\01\2711736.2 a. Assignment. The Seller hereby assigns to the Buyer all of the Seller’s rights, title, and interest in and obligations under the Rubicon Grant Agreement effective upon the closing of Buyer’s acquisition of the Virginia Property (the “Assignment ”). b. Assumption. The Buyer hereby accepts the Assignment and assumes the Seller’s obligation to repay the Rubicon Grant in accordance with the terms of the Rubicon Grant Agreement. 4. No Change. Except for the Assignment, the terms of the Rubicon Grant Agreement are unchanged. 5. Title of Parts and Sections. The titles of the sections and 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. 6. Attorneys’ Fees Enforcement. If any attorney is engaged by any party hereto to enforce or defend any provision of this Agreement, the prevailing party or parties are entitled to costs and reasonable attorneys’ fees. 7. Successors and Assigns. This Agreement binds and inures to the benefit of the legal representatives, heirs, successors and assigns of the parties. 8. California Law. The laws of the State of California govern all matters arising out of this Agreement. 9. Counterparts. This Agreement may be signed by the different parties hereto in counterpart, each of which is deemed an original but a ll of which together constitute one and the same agreement. Remainder of Page Left Intentionally Blank 4 863\01\2711736.2 IN WITNESS WHEREOF, the parties are executing this Agreement as of the day first above written. SELLER: Rubicon Program, Inc., a California nonprofit public benefit corporation By: __________________________ Name: __________________________ Its: ___________________________ BUYER: Housing Consortium of the East Bay, a California nonprofit public benefit corporation By: __________________________ Name: __________________________ Its: ___________________________ 5 863\01\2711736.2 COUNTY: COUNTY OF CONTRA COSTA, a political subdivision of the State of California By: _____________________________ Anna Roth Director, Contra Costa County Health Services APPROVED AS TO FORM: SHARON L. ANDERSON County Counsel By: ______________________________ Kathleen Andrus Deputy County Counsel 6 863\01\2711736.2 EXHIBIT A LEGAL DESCRIPTION OF VIRGINIA AVENUE PROPERTY 7 863\01\2711736.2 EXHIBIT B LEGAL DESCRIPTION OF WEST RICHMOND PROPERTY 863\01\2711735.2 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: County of Contra Costa Department of Conservation and Development 30 Muir Road Martinez, California 94553 Attention: Affordable Housing Program Manager No fee for recording pursuant to Government Code Section 27383 and 27388.1 DEED OF TRUST WITH ASSIGNMENT OF RENTS, SECURITY AGREEMENT, AND FIXTURE FILING (Virginia Avenue and South 9th Street Apartments) THIS DEED OF TRUST WITH ASSIGNMENT OF RENTS, SECURITY AGREEMENT, AND FIXTURE FILING ("Deed of Trust") is made as of this 15th day of December, 2019, by and among Housing Consortium of the East Bay, a California nonprofit organization ("Trustor "), Old Republic 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 revocable grant 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 and Exhibit B, incorporated herein by this reference (the "Property"). TOGETHER WITH all interest, estates or other claims, both in law and in equity which Trustor now has or may hereafter acquire in the Property and the rents; TOGETHER WITH all easements, rights-of-way and rights used in connection therewith or as a means of access thereto, including (without limiting the generality of the foregoing) all tenements, hereditaments and appurtenances thereof and thereto; TOGETHER WITH any and all buildings and improvements of every kind and description now or hereafter erected thereon, and all property of the Trustor now or hereafter affixed to or placed upon the Property; TOGETHER WITH all building materials and equipment now or hereafter delivered to said property and intended to be installed therein; 863\01\2711735.2 2 TOGETHER WITH all right, title and interest of Trustor, now owned or hereafter acquired, in and to any land lying within the right-of-way of any street, open or proposed, adjoining the Property, and any and all sidewalks, alleys and strips and areas of land adjacent to or used in connection with the Property; TOGETHER WITH all estate, interest, right, title, other claim or demand, of every nature, in and to such property, including the Property, both in law and in equity, including, but not limited to, all deposits made with or other security given by Trustor to utility 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 ta king 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 Paragraph 4.1 herein; TOGETHER WITH all of Trustor's interest in all articles of personal property or fixtures now or hereafter attached to or used in and about the building or buildings now erected or hereafter to be erected on the Property which are nece ssary to the complete and comfortable use and occupancy of such building or buildings for the purposes for which they were or are to be erected, including all other goods and chattels and personal property as are ever used or furnished in operating a build ing, or the activities conducted therein, similar to the one herein described and referred to, and all renewals or replacements thereof or articles in substitution therefor, whether or not the same are, or shall be attached to said building or buildings in any manner; and TOGETHER WITH all of Trustor's interest in all building materials, fixtures, equipment, work in process and other personal property to be incorporated into the Property; all goods, materials, supplies, fixtures, equipment, machinery, furniture and furnishings, signs and other personal property now or hereafter appropriated for use on the Property, whether stored on the Property or elsewhere, and used or to be used in connection with the Property; all rents, issues and profits, and all inventory, accounts, accounts receivable, contract rights, general intangibles, chattel paper, instruments, documents, notes drafts, letters of credit, insurance policies, insurance and condemnation awards and proceeds, trade names, trademarks and service mark s 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 (the "Secured Obligations "): A. Payment to Beneficiary of all sums at any time owing under or in connection with the Grant (defined in Section 1.1 below) until paid or cancelled and any other amounts owing 863\01\2711735.2 3 under the Grant Documents (defined in Section 1.3 below). The Grant and other payments shall be due and payable as provided in the Grant Agreement or other Grant Documents, as applicable. The Grant Agreement and the Rubicon Grant Agreement and all their terms are incorporated herein by reference, and this conveyance shall secure 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 Grant Documents; and D. All modifications, extensions and renewals of any of the Secured Obligations 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 "Grant" means (i) through March 10, 2028, the SNHP Grant and the Rubicon Grant, and (ii) beginning March 11, 2028, the SNHP Grant . Section 1.2 The term "Grant Agreement " means that certain SNHP Revocable Grant Agreement between Trustor and Beneficiary, of even date herewith, providing for the Beneficiary to grant to the Trustor One Million One Hundred Sixty Thousand Dollars ($1,160,000) for the acquisition of the Property. Section 1.3 The term "Grant Documents " means this Deed of Trust, the Grant Agreement, the Regulatory Agreement, the Rubicon Grant Agreement, and any other debt, loan or security instruments between Trustor and the Beneficiary relating to the Property. Section 1.4 The term "Regulatory Agreement" means that certain regulatory agreement of even date herewith by and between the Beneficiary and the Trustor evidencing County requirements applicable to the Grant and recorded against the Property. Section 1.5 The term "Rubicon Grant" means the grant in the amount of One Million Five Hundred Sixty-Four Thousand Three Hundred Thirty-Two Dollars ($564,332) made by Beneficiary pursuant to the Rubicon Grant Agreement. 863\01\2711735.2 4 Section 1.6 The term "Rubicon Grant Agreement" means the MHSA Revocable Grant Agreement dated as of March 12, 2008 pertaining to the Rubicon Grant, as assumed by Trustor pursuant to an Assignment, Assumption, and Consent Agreement of even date herewith among the Beneficiary, the Trustor, and Rubicon Programs, Inc., a California nonprofit public benefit corporation. Section 1.7 The term "SNHP Grant" means the grant in the amount of One Million One Millio n One Hundred Seventy-Five Thousand Dollars ($1,175,000) from Beneficiary to Trustor, made pursuant to the Grant Agreement. 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. T he Trustor will from time to time make or cause to be made all repairs, replacements and renewals deemed proper and necessary by it. The Beneficiary shall have no responsibility in any of these matters or for the making of improvements or additions to the Security. Trustor agrees to pay fully and discharge (or cause to be paid fully and discharged) all claims for labor done and for material and services furnished in connection with the Security, diligently to file or procure the filing of a valid notice of cessation upon the event of a cessation of labor on the work or construction on the Security for a continuous period of thirty (30) days or more, and to take all other reasonable steps to forestall the assertion of claims of lien against the Security of any part thereof. Trustor irrevocably appoints, designates and authorizes Beneficiary as its agent (said agency being coupled with an interest) with the authority, but without any obligation, to file for record any notices of completion or cessation of labor or any other notice that Beneficiary deems necessary or desirable to protect its interest in and to the Security or the Grant Documents; provided, however, that Beneficiary shall exercise its rights as agent of Trustor only in the event that Trustor shall fail to take, or shall fail to diligently continue to take, those actions as hereinbefore provided. Upon demand by Beneficiary, Trustor shall make or cause to be made such demands or claims as Beneficiary shall specify upon laborers, materialmen, subcontractors or other persons who have furnished or claim to have furnished labor, services or materials in connection with the Security. Nothing herein contained shall require Trustor to pay any claims for labor, materials or services which Trustor in good faith disputes and is diligently contesting provided that Trustor shall, within thirty (30) days after the filing of any claim of lien, record in the Office of the Recorder of 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. 863\01\2711735.2 5 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 Securit y except those required or desirable for installation and maintenance of public utilities including, without limitation, water, gas, electricity, sewer, telephone and telegraph, or those required by law , and as approved, in writing, by Beneficiary. Section 2.3 Assignment of Rents. As part of the consideration for the revocable grant evidenced by the Grant Documents, 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. 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 Grant 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, 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 Grant 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 limit ed to rents then due and unpaid, and all such rents shall immediately upon delivery of such notice be held by Trustor as trustee for the benefit of Beneficiary only; provided, however, that the written notice by Beneficiary to Trustor of the breach by Trustor shall contain a statement that Beneficiary exercises its rights to such rents. Trustor agrees that commencing upon delivery of such written notice of Trustor's breach by Beneficiary to Trustor, each tenant of the Property shall make such rents payable to and pay such rents to Beneficiary or Beneficiary's agents on Beneficiary's written demand to each tenant therefor, delivered to each tenant personally, by mail or by delivering such demand to each rental unit, without any liability on the part of said tenant to inquire further as to the existence of a default by Trustor. Trustor hereby covenants that Trustor has not executed any prior assignment of said rents, that Trustor has not performed, and will not perform, any acts or has not executed and will not execute, any instrument which would prevent Beneficiary from exercising its rights under this Section 2.3, and that at the time of execution of this Deed of Trust, there has been no anticipation or prepayment of any of the rents of the Property for more than two (2) months prior to the due dates of such rents. Trustor covenants that Trustor will not hereafter collect or accept payment of any rents of the Property more than two (2) months prior to the due dates of such 863\01\2711735.2 6 rents. Trustor further covenant that Trustor will execute and deliver to Beneficiary such further assignments of rents and revenues of the Property as Beneficiary may from time to time request. Upon Trustor's breach of any covenant or agreement of Trustor in the Grant Documents, Beneficia ry 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 ma intenance 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 shall be entitled to receive a reasonable fee for so managing the Property. All rents and revenues collected subsequent to delivery of written notice by Beneficiary to Trustor of the breach by Trustor of any covenant or agreement of Trustor in the Grant Documents shall be applied first to the costs, if any, of taking control of and managing the Property and collecting the rents, including, but not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds, costs of repairs to the Property, premiums on insurance policies, taxes, assessments and other charges on the Property, and the costs of d ischarging any obligation or liability of Trustor as lessor or landlord of the Property and then to the sums secured by this deed of Trust. Beneficiary or the receiver shall have access to the books and records used in the operation and maintenance of the Property and shall be liable to account only for those rents actually received. Beneficiary shall not be liable to Trustor, anyone claiming under or through Trustor or anyone having an interest in the Property by reason of anything done or left undone by Beneficiary under this Section 2.3. If the rents of the Property are not sufficient to meet the costs, if any, of taking control of and managing the Property and collecting the rents, any funds expended by Beneficiary for such purposes shall become 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 shall be payable upon notice from Beneficiary to Trustor requesting payment thereof and shall bear interest from the date of disbursement at the rate stated in Section 3.3. Any entering upon and taking and maintaining of control of the Property by Beneficiary or the receiver and any application of rents as provided herein shall not cure or waive any default he reunder or invalidate any other right or remedy of Beneficiary under applicable law or provided herein. This assignment of rents of the Property shall terminate at such time as this Deed of Trust ceases to secure the Secured Obligations. 863\01\2711735.2 7 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 which are or may become a lien affecting the Security or any part thereof; provided, however, that Trustor shall not be required to pay and discharge any such tax, assessment, charge or levy so long as (a) the legality thereof shall be promptly and actively contested in good faith and by appropriate proceedings, and (b) Trustor maintains reserves adequate to pay any liabilities contested pursuant to this Section 3.1. With respect to taxes, special assessments or other similar governmental charges, Trustor shall pay such amount in full prior to the attachment of any lien therefor on any part of the Security; provided, however, if such taxes, assessments or charges may be paid in installments, Trustor may pay in such installments. Except as provided in clause (b) of the first sentence of this paragraph, the provisions of this Section 3.1 shall not be construed to require that Trustor maintain a reserve account, escrow account, impound account or other similar account for the payment of future taxes, assessments, charges a nd levies. In the event that Trustor shall fail to pay any of the foregoing items required by this Section to be paid by Trustor, Beneficiary may (but shall be under no obligation to) pay the same, after the Beneficiary has notified the Trustor of such failure to pay and the Trustor fails to fully pay such items within seven (7) business days after receipt of such notice. Any amount so advanced therefor by Beneficiary, together with interest thereon from the date of such advance at the maximum rate permitted by law, shall become 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 Grant Documents during the course of construction and following completion, and at all times until all amounts secured by this Deed of Trust have been paid and all Secured Obligations secured hereunder fulfilled, and this Deed of Trust reconveyed. All such insurance policies and coverages shall be maintained at Trustor's sole cost and expense. Certificates of insurance for all of the above insurance policies, showing the same to be in full force and effect, shall be delivered to the Beneficiary upon demand therefor at any time prior to Trustor's satisfaction of the Secured Obligations. Section 3.3 Advances. In the event the Trustor shall fail to maintain the full insurance coverage required by this Deed of Trust or shall fail to keep the Security in accordance with the Grant Documents, the Beneficiary, after at least seven (7) days prior notice to Trustor, may (but shall be under no obligation to) take out the required policies of insurance and pay the premiums on the same or may make such repairs or replacements as are nece ssary and provide for payment thereof; and all 863\01\2711735.2 8 amounts so advanced therefor by the Beneficiary shall become part of the Secured Obligations (together with interest as set forth below) and shall be secured hereby, which amounts the Trustor agrees to pay on the demand of the Beneficiary, and if not so paid, shall bear interest from the date of the advance at the lesser of ten percent (10%) per annum or the maximum rate permitted by law. ARTICLE 4: DAMAGE, DESTRUCTION OR CONDEMNATION Section 4.1 Awards and Damages. All judgments, awards of damages, settlements and compensation made in connection with or in lieu of (1) taking of all or any part of or any interest in the Property by or under assertion of the power of eminent domain, (2) any damage to or destruction of the Prope rty or in 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 shall be paid to the Beneficiary by a check made payable to the Beneficiary. The Beneficiary is authorized and empowered (but not required) to collect and receive any Funds and is authorized to apply them in whole or in part upon any indebtedness or obligation secured hereby, in such order and manner as the Beneficiary shall determine at its sole option. The Beneficiary shall be entitled to settle and adjust all claims under insurance policies provided under this Deed of Trust and may deduct and retain from the proceeds of such insurance the amount of all expenses incurred by it in connection with any such settlement or adjustment. All or any part of the amounts so collected and recovered by the Beneficiary may be released to Trustor upon such conditions as the Beneficiary may impose for its disposition. Application of all or any part of the Funds collected and received by the Beneficiary or the release thereof shall not cure or waive any default under this Deed of Trust. The rights of the Beneficiary under this Section 4.1 are subject to the rights of any senior mortgage lender. The Beneficiary shall release the Funds to Trustor to be used to reconstruct the improvements on the Property provided that Beneficiary reasonably determines that Trustor (taking into account the Funds) has sufficient funds to rebuild the improvements in substantially the form they existing prior to the casualty or condemnation. ARTICLE 5: AGREEMENTS AFFECTING THE PROPERTY; FURTHER ASSURANCES; PAYMENT OF GRANT AND INTEREST Section 5.1 Other Agreements Affecting Property. The Trustor shall duly and punctually perform all terms , covenants, conditions and agreements binding upon it under the Grant 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 863\01\2711735.2 9 Beneficiary should employ attorneys or incur other expenses for the collection of amounts due or the enforcement of performance or observance of an obligation or agreeme nt on the part of the Trustor in this Deed of Trust, the Trustor agrees that it will, on demand therefor, pay to the Beneficiary the reasonable fees of such attorneys and such other reasonable expenses so incurred by the Beneficiary (including, but not limited to, other professional service fees and costs); and any such amounts paid by the Beneficiary shall be added to the Secured Obligations, and shall bear interest from the date such expenses are incurred at the lesser of ten percent (10%) per annum or the maximum rate permitted by law. Section 5.3 Payment of the Grant. The Trustor shall pay to the Beneficiary the Grant and any other payments as set forth in the Grant Documents in the amounts and by the times set out therein. Section 5.4 Personal Property. To the maximum extent permitted by law, the personal property subject to this Deed of Trust shall be deemed to be fixtures and part of the real property and this Deed of Trust shall constitute a fixtures filing under the California Commercial Code. As to any personal p roperty not deemed or permitted to be fixtures, this Deed of Trust shall constitute a security agreement under the California Commercial Code. The Trustor hereby grants the Beneficiary a security interest in such items. Section 5.5 Financing Statement. The Trustor shall execute and deliver to the Beneficiary such financing statements pursuant to the appropriate statutes, and any other documents or instruments as are required to convey to the Beneficiary a valid perfected security interest in the Security. The Trus tor agrees to perform all acts which the Beneficiary may reasonably request so as to enable the Beneficiary to maintain such valid perfected security interest in the Security in order t o secure the payment of the Grant in accordance with its terms in the Grant Documents. The Beneficiary is authorized to file a copy of any such financing statement in any jurisdiction(s) as it shall deem appropriate from time to time in order to protect the security interest established pursuant to this instrument. Trustor shall pay all costs of filing such financing statements and any extensions, renewals, amendments, and releases thereof, and shall pay all reasonable costs and expenses of any record searches for financing statements, and releases thereof, as the Beneficiar y may reasonably require. Without the prior written consent of the Beneficiary, Trustor shall not create or suffer to be created pursuant to the California Commercial Code any other security interest in the Security, including replacements and additions thereto. Section 5.6 Operation of the Security. The Trustor shall operate the Security (and, in case of a transfer of a portion of the Security subject to this Deed of Trust, the transferee shall operate such portion of the Security) in full compliance with the Grant Documents. 863\01\2711735.2 10 Section 5.7 Inspection of the Security. At any and all reasonable times upon seventy-two (72) hours' notice, the Beneficiary and its duly authorized agents, attorneys, experts, engineers, accountants and representatives, shall have the right, without payment of charges or fees, to inspect the Security. Section 5.8 Nondiscrimination. The Trustor herein covenants by and for itself, its heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrim ination 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 shall the Trustor itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Security. The foregoing covenants shall run with the land. ARTICLE 6: HAZARDOUS WASTE Trustor shall keep and maintain the Property in compliance with, and shall not cause or permit the Property to be in violatio n of any federal, state or local laws, ordinances or regulations relating to industrial hygiene or to the environmental conditions on, under or about the Property including, but not limited to, soil and ground water conditions. Trustor shall not use, gene rate, manufacture, store or dispose of on, under, or about the Property or transport to or from the Property any flammable explosives, radioactive materials, hazardous wastes, toxic substances or related materials, including without limitation, any substances defined as or included in the definition of "hazardous substances," hazardous wastes," "hazardous materials," or "toxic substances" under any applicable federal or state laws or regulations (collectively referred to hereinafter as "Hazardous Materials ") except such of the foregoing as may be customarily used in construction or operation of a multifamily 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, ("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 c lauses (i) and (ii) above are hereinafter referred to a "Hazardous Materials Claims "); and (iii) Trustor's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property that could cause the Property or any part thereof to be classified as "border-zone property" (as defined in California Health and Safety Code Section 25117.4) under the provision of California Health and Safety Code, Sections 25220 et seq., or any regulation adopted in accordance 863\01\2711735.2 11 therewith, or to be otherwise subject to any restrictions on the ownership, occupancy, transferability or use of the Property under any Hazardous Materials Law. Beneficiary shall have the right to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims and to have its reasonable attorneys' fees in connection therewith paid by Trustor. Trustor shall indemnify and hold harmless Beneficiary and its board members, supervisors, directors, officers, employees, agents, successors and assigns from and against any loss, damage, cost, expense or liability directly or indirectly arising out of or attributable to the use, generation, storage, release, threatened release, discharge, disposal, or p resence of Hazardous Materials on, under, or about the Property including without limitation: (a) all foreseeable consequential damages; (b) the costs of any required or necessary repair, cleanup or detoxification of the Property and the preparation and implementation of any closure, remedial or other required plans; and (c) all reasonable costs and expenses incurred by Beneficiary in connection with clauses (a) and (b), including but not limited to reasonable attorneys' fees and consultant's fees. This indemnification applies whether or not any government agency has issued a cleanup order. Losses, claims, costs, suits, liability, and expenses covered by this indemnification provision include, but are not limited to: (1) losses attributable to diminution in the value of the Property; (2) loss or restriction of use of rentable space on the Property; (3) adverse effect on the marketing of any rental space on the Property; and (4) penalties and fines levied by, and remedial or enforcement actions of any kind issued by any regulatory agency (including but not limited to the costs of any required testing, remediation, repair, removal, cleanup or detoxification of the Property and surrounding properties). Without Beneficiary's prior written consent, which shall not be unreasonably withheld, Trustor shall not take any remedial action in response to the presence of any Hazardous Materials on, under or about the Property, nor enter into any settlement agreement, consent decree, or other compromise in respect to any Hazardous Material Claims, which remedial action, settlement, consent decree or compromise might, in Beneficiary's reasonable judgement, impair the value of the Beneficiary's security hereunder; provided, however, that Beneficiary's prior consent shall not be necessary in the event that the presence of Hazardous Materials on, under, or about the Property either poses an immediate threat to the health, safety or welfare of any individual or is of such a nature that an immediate remedial response is necessary and it is not reasonably possible to obtain Beneficiary's consent before taking such action, provided that in such event Trustor shall notify Beneficiary as soon as practicable of any action so taken. Beneficiary agrees not to withhold its consent, where such consent is required hereunder, if (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 Proce dure Section 726.5, and (ii) each representation and warranty in this Deed of Trust or any of the other Grant Documents (together with any indemnity applicable to a breach of any such representation 863\01\2711735.2 12 and warranty) with respect to the environmental condition of the property is intended by the Beneficiary and the Trustor to be an "environmental provision" for purposes of California Code of Civil Procedure Section 736. In the event that any portion of the Property is determined to be "environmentally impaired " (as that term is defined in California Code of Civil Procedure Section 726.5(e)(3)) or to be an "affected parcel" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(1)), then, without otherwise limiting or in any way affecting the Beneficiary's or the Trustee's rights and remedies under this Deed of Trust, the Beneficiary may elect to exercise its rights under California Code of Civil Procedure Section 726.5(a) to (1) waive its lien on such environmentally impaired or affected portion of the Property and (2) exercise (a) the rights and remedies of an unsecured creditor, including reduction of its claim against the Trustor to judgment, and (b) any other rights and remedies permitted by law. For purposes of determining the Beneficiary's right to proceed as an unsecured creditor under California Code of Civil Procedure Section 726.5(a), the Trustor shall be deemed to have willfully permitted or 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 specified in the Grant Documents, until paid, shall be added to the indebtedness secured by this Deed of Trust and shall be due and payable to the Beneficiary upon its demand made at any time following the conclusion of such action. The Trustor is aware that California Civil Code Section 2955.5(a) provides as follows: "No lender shall require a borrower, as a condition of receiving or maintaining a loan secured by real property, to provide hazard insurance coverage against risks to the improvements on that real property in an amount exceeding the replacement value of the improvements on the property." ARTICLE 7: EVENTS OF DEFAULT AND REMEDIES Section 7.1 Events of Default. The following shall constitute events of default ("Events of Default ") following the expiration of any applicable notice and cure periods: (1) failure to make any payment to be paid by Trustor under the Grant Documents; (2) failure to observe or perform any of Trustor 's other covenants, agreements or obligations under the Grant Documents, including, without limitation, the provisions concerning discrimination; or (3) failure to make any payment or observe or perform any of Trustor's other covenants, agreements, or obligations under any Secured 863\01\2711735.2 13 Obligations, which default shall not be cured within the times and in the manner provided therein. Section 7.2 Acceleration of Maturity. If an Event of Default shall have occurred and be continuing, then at the option of the Beneficiary, the amount of any payment related to the Event of Default and all unpaid Secured Obligations shall immediately become due and payable, upon written notice by the Beneficiary to the Trustor (or automatically where so specified in the Grant Documents), and no omission on the part of the Beneficiary to exercise such option when entitled to do so sha ll be construed as a waiver of such right. Section 7.3 The Beneficiary's Right to Enter and Take Possession. If an Event of Default shall have occurred and be continuing, the Beneficiary may: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its security, enter upon the Security and take possession thereof (or any part thereof) and of any of the Security, in its own name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value or marketability of the Property, or part thereof or interest therein, increase the income therefrom or protect the security thereof. The entering upon and taking possession of the Security shall not cure or waive any Event of Default or Notice of Default (as defined in Section 7.4) hereunder or invalidate any act done in response to such Event of Default or pursuant to such Notice of Default and, notwithstanding the continuance in possession of the Security, Beneficiary shall be entitled to exercise every right provided for in this Deed of Trust, or by law upon occurrence of any Event of Default, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof; (c) Deliver to Trustee a written declaration of default and demand for sale, and a written notice of default and election to cause Trustor's interest in the Security to be sold ("Notice of Default and Election to Sell"), which notice Trustee or Beneficiary shall cause to be duly filed for record in the Official Records of 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 give notice to the Trustee (the "Notice of Sale") and shall deposit with Trustee this Deed of Trust which is secured hereby (and the deposit of which shall be deemed to constitute evidence that the Secured Obligations are immediately due and payable), 863\01\2711735.2 14 and such receipts and evidence of any expenditures made that are additionally secured hereby as Trustee may require. (a) Upon receipt of such notice from the Beneficiary, Trustee shall cause to be recorded, published and delivered to Trustor such Notice of Default and Election to Sell as then required by law and by this Deed of Trust. Trustee shall, without demand on Trustor, after lapse of such time as may then be required by law and afte r recordation of such Notice of Default and Election to Sell and after Notice of Sale having been given as required by law, sell the Security, at the time and place of sale fixed by it in the Notice of Sale, whether as a whole or in separate lots or parcels or items as Trustee shall deem expedient and in such order as it may determine unless specified otherwise by the Trustor according to California Civil Code Section 2924g(b), at public auction to the highest bidder, for cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed or any matters of facts shall be conclusive proof of the truthfulness thereof. Any person, including, without limitation, Trustor, Trustee or Beneficiary, may purchase at such sale. (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 Grant amount; (ii) all other Secured Obligations owed to Beneficiary under the Grant Documents; (iii) all other sums then secured hereby; and (iv) the remainder, if any, to Trustor. (c) Trustee may postpone sale of all or any portion of the Property by public announcement at such time and place of sale, and from time to time thereafter, and without further notice make such sale at the time fixed by the last postponement, or may, in its discretion, give a new Notice of Sale. Section 7.5 Receiver. If an Event of Default shall have occurred and be continuing, Beneficiary, as a matter of right and without further notice to Trustor or anyo ne claiming under the Security, and without regard to the then value of the Security or the interest of Trustor therein, shall have the right to apply to any court having jurisdiction to appoint a receiver or receivers of the Security (or a part thereof), and Trustor hereby irrevocably consents to such appointment and waives further notice of any application therefor. Any such receiver or receivers shall have all the usual powers and duties of receivers in like or similar cases, and all the powers and duties of Beneficiary in case of entry as provided herein, and shall continue as such and exercise all such powers until the date of confirmation of sale of the Security, unless such receivership is sooner terminated. Section 7.6 Remedies Cumulative. No right, power or remedy conferred upon or reserved to the Beneficiary by this Deed of Trust is intended to be exclusive of any other right, power or remedy, but each and every such right, power and remedy shall be cumulative and concurrent and shall be in addition to any other right, power and remedy given hereunder or now or hereafter existing at law or in equity. 863\01\2711735.2 15 Section 7.7 No Waiver. (a) No delay or omission of the Beneficiary to exercise any right, power or remedy accruing upon any Event of Default shall exhaust or impair any s uch right, power or remedy, or shall be construed to be a waiver of any such Event of Default or acquiescence therein; and every right, power and remedy given by this Deed of Trust to the Beneficiary may be exercised from time to time and as often as may b e deemed expeditious by the Beneficiary. Beneficiary's express or implied consent to breach, or waiver of, any obligation of the Trustor hereunder shall not be deemed or construed to be a consent to any subsequent breach, or further waiver, of such obligation or of any other obligations of the Trustor hereunder. Failure on the part of the Beneficiary to complain of any act or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by the Beneficiary of its right hereunder or impair any rights, power or remedies consequent on any Event of Default by the Trustor. (b) If the Beneficiary (i) grants forbearance or an extension of time for the payment or performance of any Secured Obligations, (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 Grant 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 Grant Documents, (v) consents to the granting of any easement or other right affecting the Security, or (iv) makes or consents to any agreement subordinating the lien hereof, any such act or omission shall not release, discharge, modify, change or affect the original liability under this Deed of Trust, or any other obligation of the Trustor or any subsequent purchaser of the Security or any part thereof, or any maker, co-signer, endorser, surety or guarantor (unless expressly released); nor shall any such act or omission preclude the Beneficiary from exercising any right, power or privilege herein granted or intended to be granted in any Event of Default then made or of any subsequent Event of Default, nor, except as otherwise expressly provided in an instrument or instruments executed by the Beneficiary shall the lien of this Deed of Trust be altered thereby. Section 7.8 Suits to Protect the Security. The Beneficiary shall have power to (a) institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Security and the rights of the Beneficiary as may be unlawful or any violation of this Deed of Trust, (b) preserve or protect its interest (as described in this Deed of Trust) in the Security, and (c) restrain the enforcement of or compliance with any legislation or other governmental enactment, rule or order that may be unconstitutional or otherwise invalid, if the enforcement for compliance with such enactment, rule or order would impair the Security thereunder or be prejudicial to the interest of the Beneficiary. Section 7.9 Trustee May File Proofs of Claim. In the case of any receivership, insolvency, bankruptcy, reorganization, arrangement, adjustment, composition or other proceedings affecting the Trustor, its creditors or its property, the Trustee and/or the Beneficiary, to the extent permitted by law, shall be entitled to file such proofs of claim and other documents as may be necessary or advisable in order to have the 863\01\2711735.2 16 claims of the Beneficiary allowed in such proceedings and for any additional amount which may become due and payable by the Trustor hereunder after such date. Section 7.10 Waiver. The Trustor waives presentment, demand for payment, notice of dishonor, notice of protest and nonpayment, protest, notice of interest on interest and late charges, and diligence in taking any action to collect any Secured Obligations or in proceedings against the Security, in connection with the delivery, acceptance, performance, default, endorsement or guaranty of this Deed of Trust. ARTICLE 8: MISCELLANEOUS Section 8.1 Obligations Regarding Rubicon Grant and Rubicon Grant Agreement. All obligations of Trustor regarding the Rubicon Grant and Rubicon Grant Agreement terminate on March 11, 2028. Section 8.2 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 8.3 Reconveyance by Trustee. Upon written request of Beneficiary stating that all Secured Obligatio ns have been paid or forgiven, 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 8.4 Notices. If at any time after the execution of this Deed of Trust it shall become necessary or convenient for one of the parties hereto to serve any notice, demand or communication upon the other party, such notice, demand or commun ication shall be in writing and shall be served personally, by reputable overnight delivery service (which provides a delivery receipt) or by depositing the same in the registered United States mail, return receipt requested, postage prepaid and (1) if intended for Beneficiary shall be addressed to: Contra Costa County Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attn: Affordable Housing Program Manager 863\01\2711735.2 17 and (2) if intended for Trustor shall be addressed to: Housing Consortium of the East Bay 410 7th Street Oakland, CA 94607 Attn: Executive Director Any notice, demand or communication shall be deemed given, received, made or communicated on the date personal delivery is effected or, if mailed in the manner herein specified , on the delivery date or date delivery is refused by the addressee, as shown on the return receipt. Either party may change its address at any time by giving written notice of such change to Beneficiary or Trustor as the case may be, in the manner provid ed herein, at least ten (10) days prior to the date such change is desired to be effective. Section 8.5 Successors and Joint Trustors. Where an obligation created herein is binding upon Trustor, the obligation shall also apply to and bind any transferee or successo rs in interest. Where the terms of the Deed of Trust have the effect of creating an obligation of the Trustor and a transferee, such obligation shall be deemed to be a joint and several obligation of the Trustor and such transferee. Where Trustor is more than one entity or person, all obligations of Trustor shall be deemed to be a joint and several obligation of each and every entity and person comprising Trustor. Section 8.6 Captions. The captions or headings at the beginning of each Section hereof are for the co nvenience of the parties and are not a part of this Deed of Trust. Section 8.7 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 a ny reason whatsoever by a court or other body of competent jurisdiction, such illegality or invalidity shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable. If the lien of this Deed of Trust is invalid or unenforceable as to any part of the debt, or if the lien is invalid or unenforceable as to any part of the Security, the unsecured or partially secured portion of the debt, and all payments made on the debt, whether voluntary or under foreclosure or other enforcement action or procedure, shall be considered to have been first paid or applied to the full payment of that portion of the debt which is not secured or partially secured by the lien of this Deed of Trust. Section 8.8 Governing Law. This Deed of Trust shall be governed by and construed in accordance with the laws of the State of California. 863\01\2711735.2 18 Section 8.9 Gender and Number. In this Deed of Trust the singular shall include the plural and the masculine shall include the feminine and neuter and vice versa, if the context so requires. Section 8.10 Deed of Trust, Mortgage. Any reference in this Deed of Trust to a mortgage shall also refer to a deed of trust and any reference to a deed of trust shall also refer to a mortgage. Section 8.11 Actions. Trustor agrees to appear in and defend any action or proceeding purporting to affect the Security. Section 8.12 Substitution of Trustee. Beneficiary may from time to time substitute a successor or successors to any Trustee named herein or acting hereunder to execute this Trust. Upon such appointment, and without conveyance to the successor trustee, the latter shall be vested with all title, powers, and duties conferred upon any Trustee herein named or acting hereunder. Each such appointment and substitution shall be made by written instrument executed by Beneficiary, containing reference to this Deed of Trust and its place of record, which, when duly recorded in the proper office of the county or counties in which the Property is situated, shall be conclusive proof of proper appointment of the successor trustee. Section 8.13 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 8.14 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. [signature appears on the following page] 863\01\2711735.2 19 IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the day and year first above written. TRUSTOR: HOUSING CONSORTIUM OF THE EAST BAY, a California nonprofit public benefit corporation By:__________________________________ Name:__________________________________ Its:__________________________________ 863\01\2711735.2 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. 863\01\2711735.2 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY ON VIRGINIA AVENUE The land is situated in the State of California, City of Richmond, County of Contra Costa, and is described as follows: 863\01\2711735.2 EXHIBIT B LEGAL DESCRIPTION OF PROPERTY ON SOUTH 9TH STREET The land is situated in the State of California, City of Richmond, County of Contra Costa, and is described as follows: 863\01\2717589.2 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Contra Costa County Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attn: Affordable Housing Program Manager No fee for recording pursuant to Government Code Section 27383 and 27388.1 REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS (Virginia Avenue and South 9th Street Apartments) This Regulatory Agreement and Declaration of Restrictive Covenants ("Agreement ") is dated as of December 15, 2019, and is by and between the County of Contra Costa, a political subdivision of the State of California ("County"), and Housing Consortium of the East Bay, a California nonprofit organization (the "Grantee "). RECITALS A. In accordance with the SNHP Revocable Grant Agreeme nt of even date herewith between County and Grantee (the “Grant Agreement ”), the County is providing a revocable grant to Grantee in the amount of One Million One Hundred Seventy-Five Thousand Dollars ($1,175,000) (the “Grant”) using funds received by the County from the Mental Health Services Act (the “MHSA”) and the Special Needs Housing Program (“SNHP”) through the California Housing Finance Agency. Grantee is using the Grant to acquire the real property located at (i) 903-919 Virginia Avenue in the C ity of Richmond, County of Contra Costa, State of California, as more particularly described in Exhibit A (the “Virginia Property”) and (ii) the real property located at 360-366 South 9th Street in the City of Richmond, County of Contra Costa, State of California, as more particularly described in Exhibit B (the “West Richmond Property”) (together, the "Property"). The Virginia Property is the site of a six-unit residential building. The West Richmond Property is the site of a four-unit residential building. B. The County has the authority to provide the Grant to Grantee pursuant to Government Code Section 26227, which authorizes counties to spend county funds for programs that further a county’s public purposes. The Grant is also consistent with the County’s “Mental Health Services Act Three-Year Program and Expenditure Plan” for fiscal years 2017 -2018 through 2019-2020, as such plan is updated. C. As consideration for the Grant, Grantee has agreed to enter into this Agreement, and the Deed of Trust, which secures Grantee’s obligations under this Agreement. 863\01\2717589.2 2 D. The County has agreed to make the Grant to the Grantee on the condition that the Units are maintained and operated as rental housing in accordance with restrictions concerning affordability, operation, and maintenance that are specified in this Agreement and the Grant Agreement. E. Capitalized terms used but not defined in this Agreement have the meanings ascribed to them in the Grant Agreement. THEREFORE, the County and the Grantee hereby agree as follows. ARTICLE 1 DEFINITIONS 1.1 Definitions When used in this Agreement, the following terms have the following meanings. (a) "Actual Household Size" means the actual number of persons in the applicable household. (b) "Adjusted Income" means the total anticipated annual income of all persons in a household as calculated in the manner prescribed pursuant to Title 25, Section 6914 of the California Code of Regulations. (c) "Agreement" has the meaning set forth in the first paragraph of this agreement. (d) "Assumed Household Size" means, (i) two persons for a one-bedroom Unit, and (ii) three persons for a two-bedroom Unit. (e) "County Designee" means a service provider designated by the County in writing as the person or entity qualified to determine MHSA Eligibility for Tenants to reside in the Units. (f) "County Grant" shall mean all funds granted to Grantee by the County pursuant to the Grant Agreement. (g) "Deed of Trust" means the Deed of Trust with Assignment of Rents, Security Agreement, and Fixture Filing of even date herewith among Grantee, as trustor, Old Republic Title Company, as trustee, and the County, as beneficiary, that will encumber the Property to secure Grantee’s obligations and covenants under this Agreement and the Grant Agreement. (h) "DMH" shall mean the California Department of Mental Health. (i) "Existing Tenants" means the tenants that occupy the Units on the date of Grantee's acquisition of the Property. 863\01\2717589.2 3 (j) "Grant" has the meaning set forth in paragraph A of the Recitals. (k) "Grant Agreement" has the meaning set forth in paragraph A of the Recitals. (l) "H CD" means the California Department of Housing and Community Development. (m) "Master Lease" has the meaning in Section 2.1(c) below. (n) "Master Tenant" has the meaning in Section 2.1(c) below. (o) "Median Income" means the median gross yearly income, adjusted for Actual Household Size or Assumed Household Size as specified herein, in the County of Contra Costa, California, as published from time to time by HCD. 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 the Borrower with other income determinations that are reasonably similar with respect to methods of calculation to those previously published by HCD. (p) "MHSA" has the meaning set forth in paragraph A of the Recitals. (q) "MHSA Eligible" means a person certified by the County or the County Designee as having a serious mental disorder as defined in Welfare and Institutions Code Section 5600.3(a)(b) and (c), Unserved or Underserved, and eligible to occupy a unit financed with MHSA or SNHP funds. (r) "MHSA Eligible Tenant" means a Tenant where one or more members of the household are MHSA Eligible. (s) "Property" has the meaning set forth in paragraph A of the Recitals. (t) "Rent" means the total of monthly payments by a Tenant for the following: use and occupancy of a Unit and land and associated facilities, including parking; any separately charged fees or service charges assessed by the Grantee that are 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 the Grantee, and paid by the Tenant. (u) “SNHP” has the meaning set forth in paragraph A of the Recitals. (v) "Tenant" means the household legally occupying a Unit. (w) "Term" means the term of this Agreement, which commence s on the date of this Agreement and continues for fifty-five (55) years. 863\01\2717589.2 4 (x) "Underserved" has the meaning set forth in the California Code of Regulations Title 9, Section 3200.300, or any successor regulation thereto. In the event that DMH no longer publishes the definition of Underserved, the County shall provide the Grantee with a definition of Underserved that is reasonably similar to the DMH definition in effect as of the date of this Agreement. (y) "Unserved" has the meaning set forth in the California Code of Regulations Title 9, Section 3200.310. In the event that DMH no longer publishes the definition of Unserved, the County shall provide the Grantee with a definition of Unserved that is reasonably similar to the DMH definition in effect as of the date of this Agreement. (z) “Unit” means a residential unit on the Property. (aa) "Very Low-Income Rent" means the maximum allowable rent for a Very Low-Income Unit pursuant to Section 2.2(a) below. (bb) "Very Low-Income Tenant" means a Tenant with an Adjusted Income which does not exceed the maximum income for a very low-income household, adjusted for Actual Household Size, as published by HCD. (cc) "Very Low-Income Units" means the Units which, pursuant to Section 2.1 below, are required to be occupied by Very Low-Income Tenants. ARTICLE 2 AFFORDABILITY AND OCCUPANCY COVENANTS 2.1 Occupancy Requirements. (a) Very Low-Income Units. During the Term, Grantee shall cause all ten (10) Units on the Property to be rented to and occupied by, or, if vacant, available for occupancy by, Very Low-Income Tenants that are MHSA Eligible Tenants. (b) Existing Tenants. Grantee shall provide the County a written report of the income and rent amount of all Existing Tenants within thirty (30) days of acquisition of the Property. Any Existing Tenant lawfully residing in the Property as of the date of this Agreement is entitled to remain a resident of the Property if such Tenant does not meet the income and other eligibility criteria of this Section 2.1. If and when such non-qualifying Existing Tenant voluntarily vacates the Unit, Borrower shall rent, or cause such Unit to be rented, to a Very Low- Income Household that is MHSA Eligible as necessary to meet the provisions of this Section. (c) Master Lease. Grantee has entered into, or intends to enter into, a master lease agreement (the "Master Lease") with a service provider (the "Master Tenant") pursuant to which the Master Tenant will sublease the Units to Very Low-Income Tenants that are MHSA Eligible Tenants. The Master Tenant may be the same entity as the County Designee. Grantee shall ensure that the Master Lease contains such provisions to allow Grantee to comply with the 863\01\2717589.2 5 provisions of this Agreement. If the Master Tenant is not the same entity as the County Designee such Master Tenant and the Master Lease shall be subject to the review and approval of the County. Grantee shall notify the County of any default of the Master Tenant under the Master Lease or termination of the Master Lease. 2.2 Allowable Rent (a) Very Low-Income Rent. Subject to the provisions of Subsection (c) below, the Rent charged by Grantee or the Master Tenant, as applicable, for the Units must be equal to the higher of (i) one-twelfth (1/12th) of thirty percent (30%) of fifty percent (50%) of Median Income, adjusted for Assumed Household Size, and (ii) if the household is receiving payments for welfare assistance from a public agency and a part of the payments, adjusted in accordance with the household's actual housing costs, is specifically designated by the agency to meet the household's housing costs, the portion of the payment that is disbursed to the household by the public agency in addition to one-twelfth (1/12th) of thirty percent (30%) of the households monthly Adjusted Income. (b) County Approval of Rents. The initial Rent for all Units must be approved by the County, or the County Designee prior to occupancy. All Rent increases are subject to County, or the County Designee approval. The County, or the County Designee shall provide the Grantee with a schedule of maximum permissible Rents for the Units annually. (c) Rental Subsidy (i) It is the intent of the County and Grantee that each Very Low- Income Tenant who is MHSA Eligible is only obligated to pay thirty percent (30%) of such Tenant's actual income in Rent. The County and Grantee further intend that the difference between thirty percent (30%) of Tenant's actual inco me and the Rent charged by Grantee or the Master Tenant, as applicable, in accordance with Section 2.2(a) above, be paid for with rent subsidies, rent assistance, or other housing assistance received by the Tenant. (ii) In the event the annual report provided by the Grantee pursuant to Section 3.2 demonstrates that the funds in the operating reserve for the Units exceed six (6) months’ worth of operating expenses or the funds in the replacement reserves for the Units exceed fifty percent (50%) of the replacement value of the improvements on the Property, the County may, in its discretion, direct Grantee to reduce the Rent charged pursuant to Section 2.2(a). If requested by the County, such Rent reduction will be memorialized in an amendment to this Agreement that is recorded against title to the Property. The County agrees that if it directs Grantee to reduce the Rent that may be charged to Tenants pursuant to Section 2.2(a), the reduction will be limited to an amount that will permit Grantee to pay for the operating expenses reasonably expected to be incurred in the operation of the Units as rental housing. 2.3 Increased Income of Tenants. (a) Non-Qualifying Household. If, upon recertification of the income of a Tenant of a Unit, the County or the County Designee determines that a former Very Low-Income Tenant has an Adjusted Income exceeding the maximum qualifying income for a Very Low - 863\01\2717589.2 6 Income Tenant (and the Tenant remains MHSA Eligible), such Tenant will be permitted to continue occupying the Unit and the Rent paid by such Tenant will remain at the level set forth in Section 2.2 above. (b) Termination of Occupancy. Upon termination of occupancy of a Unit by a Tenant, such Unit will be deemed to be continuously occupied by a Very Low-Income Tenant, who is also MHSA Eligible, until such Unit is reoccupied, at which time the Unit will be rented to a Very Low-Income Tenant, who is also MHSA Eligible. If the Units are not subject to a Master Lease, or the Master Tenant is not the same entity as the County Designee, Gra ntee shall provide the County Designee notice of any vacancies within ten (10) days of such vacancy. 2.4 MHSA Eligibility. Each Tenant occupying a Unit must include at least one MHSA Eligible household member and such household member must occupy the Unit at least ten (10) months out of each calendar year. If a Tenant fails to remain certified as MHSA Eligible due to the vacation of the Unit by the only MHSA Eligible household member (including by reason of the death of the only MHSA Eligible household member), the continuing or surviving members of such household will be permitted continued occupancy for a reasonable period of up to one (1) year from the time of the death or vacation of the MHSA Eligible Tenant (the "Grace Period"). Grantee shall cause the Tenant to be provided with notice of the applicable Grace Period and with assistance to obtain information about other available housing assistance programs. The Unit will be considered to be in compliance with the provisions of Section 2.1(a) above during the Grace Period. After the Grace Period or earlier termination of the tenancy by the Tenant, Grantee shall rent, or shall cause the Master Tenant to rent the next available Unit to a Very Low-Income Household that is MHSA Eligible, to comply with the requirements of Section 2.1(a) above. ARTICLE 3 MHSA AND INCOME CERTIFICATION AND REPORTING 3.1 Income and MHSA Eligibility Certification. (a) Grantee acknowledges that the County Designee will income certify Tenants renting any of the Units. (b) Grantee acknowledges that the County Designee will determine if applicant households for the Units contain at least one member who is MHSA Eligible and will confirm on an annual basis that each Unit is occupied by a Tenant with at least one member who is MHSA Eligible and that such member actually resides in the Unit in accordance with Section 2.4 of this Agreement. Grantee shall maintain copies of such information. 3.2 Annual Report to County. Grantee shall submit to the County not later than the forty-fifth (45th) day after the close of each calendar year, or such other date as may be requested by the County, a statement of the fiscal condition of the operation of the Units as rental housing, including a financial statement 863\01\2717589.2 7 indicating surpluses or deficits in operating a ccounts for the period covered, a detailed itemized listing of income and expenses, and the amounts of any fiscal reserves. If Master Tenant is not the same entity as the County Designee, Grantee shall cause the Master Tenant to provide the County a statistical report, including income and rent data for all Tenants, setting forth the information called for therein, not later than the forty-fifth (45th) day after the close of each calendar year, or such other date as may be requested by the County. 3.3 Additional Information. The Grantee shall provide to the County, within fifteen (15) days after receipt of a written request, any other information or completed forms requested by the County in order to comply with reporting requirements of DMH, the State of C alifornia, or the County. Grantee shall also provide any additional information reasonably requested by the County. The County has the right to examine and make copies of all books, records or other documents of Grantee which pertain to the operation of the Units as rental housing. 3.4 Records. Grantee shall maintain complete, accurate and current records pertaining to the operation of the Units as rental housing and shall permit any duly authorized representative of the County to inspect such records. All Tenant lists, applications and waiting lists relating to the Units in Grantee's possession must at all times be kept separate and identifiable from any other business of Grantee and maintained as required by the County, in a reasonable condition for pro per audit and subject to examination during business hours by representatives of the County. Grantee 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. 3.5 On-site Inspection. The County has the right to perform an on-site inspection of the Property at least one (1) time per year after reasonable notice to Grantee including such time as Grantee requires to notice Tenants. Grantee shall cooperate in such inspection. ARTICLE 4 OPERATION OF THE PROPERTY 4.1 Use of Units. (a) Grantee shall cause the Units to be operated only as permanent housing for MHSA Eligible Tenants. (b) Grantee shall ensure that supportive services are provided to the Tenants in compliance with all requirements applicable to the MHSA funds, which services may be provided by the Master Tenant or County Designee. In the event the anticipated operating and service support funds for MHSA Eligible Tenants are terminated by the State of California due 863\01\2717589.2 8 to no fault of Grantee, the County and Grantee may amend the Grant Documents to permit Very Low-Income Tenants (regardless of whether the Very Low-Income Tenants are MHSA Eligible) to reside in one or more of the Units. 4.2 Taxes and Assessments. Grantee shall pay all real and personal property taxes, assessments and charges and all franchise, income, employment, old age benefit, withholding, sales, and other taxes assessed against it, or payable by it, at such times and in such manner as to prevent any penalty from accruing, or any line or charge from attaching to the Property; provided, however, that Grantee has the right to contest in good faith, any such taxes, assessments, or charges. In the event Grantee exercises its right to contest any tax, assessment, or charge a gainst it, Grantee, on final determination of the proceeding or contest, shall immediately pay or discharge any decision or judgment rendered against it, together with all costs, charges and interest. 4.3 Property Tax Exemption. Grantee may not apply for a property tax exemption for the property under any provision of law except California Revenue and Taxation Section 214(g) or Section 214(h), without the prior written consent of the County. ARTICLE 5 PROPERTY MANAGEMENT AND MAINTENANCE 5.1 Management Responsibilit ies. The Grantee is responsible for all management functions with respect to the Units and the Property, including without limitation maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, and security. The County ha s no responsibility for management of the Units or the Property. Grantee shall also be responsible for the selection of tenants, certification and recertification of household size and income, evictions, collection of rents and deposits from Tenants (the "Tenant Responsibilities "), provided that the County acknowledges that at the time of this Agreement the County Designee and or the Master Tenant, will be responsible for the Tenant Responsibilities and Grantee will have no obligation for the Tenant Responsibilities while the County Designee or Master Tenant retains such obligations. 5.2 Management Agent; Periodic Reports. Grantee shall cause the Units to be managed at all times as rental housing by a professional property management company and an experienced management agent reasonably acceptable to County, with demonstrated ability to operate residential facilities like the Units in a manner that will provide decent, safe, and sanitary housing (as approved, the "Management Agent"). The Grantee shall submit for County's approval the identity of any proposed Management Agent. The Grantee shall also submit such additional information about the background, experience and financial condition of any proposed management agent as is reasonably necessary for County to determine whether the proposed management agent meets 863\01\2717589.2 9 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, County shall approve the proposed management agent by notifying the Grantee in writing. Unless the proposed management agent is disapproved by County within thirty (30) days, which disapproval shall state with reasonable specificity the basis for disapproval, it shall be deemed approved. As of the date of this Agreement the County approves Grantee as the Management Agent. 5.3 Periodic Performance Review – Property Management. 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 operation of the Units. The purpose of each periodic review will be to enable the County to determine if the operation of the Units is being operated and managed in accordance with the requireme nts and standards of this Agreement. The Grantee 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 Units are not being operated and managed in accordance with any of the material requirements and standards of this Agreement, the County shall deliver notice to Grantee of its intention to require the Management Agent to be replaced, or, if the Grantee is managing the Units, to require Grantee to retain an independent Management Agent, and the reasons therefor. Within fifteen (15) days of receipt by Grantee of such written notice, County staff and Grantee shall meet in good faith to consider methods for improving the financial a nd operating status of the Units, including, without limitation, replacing the Management Agent. If, after such meeting, County staff recommends in writing the Management Agent be replaced, Grantee shall promptly dismiss the current Management Agent or ce ase self- management if the Units are managed by Grantee, and appoint as the Management Agent a person or entity meeting the standards for a management agent set forth in Section 5.2 above and approved by the County pursuant to Section 5.2 above. Any contract for the operation or management of the Units as rental housing entered into by Grantee must include a provision to the effect that the contract can be terminated as set forth above. Failure to remove the Management Agent or to appoint a Management Age nt instead of self-managing, in accordance with the provisions of this Section will constitute default under this Agreement, and the County may enforce this provision through legal proceedings as specified in Section 6.7, below. 5.5 Approval of Management Policies. Upon request, the Grantee shall submit its written management policies with respect to the operation of the Units as rental housing in conformance with this Agreement t o the County for its review, and shall amend such policies in any way necessa ry to ensure that the policies comply with this Agreement. 863\01\2717589.2 10 5.6 Property Maintenance. The Grantee agrees, for the entire Term of this Agreement, to maintain all interior and exterior improvements, including landscaping, on the Property in good condition and repair (and, as to landscaping, in a healthy condition) and in accordance with all applicable laws, rules, ordinances, orders and regulations of all federal, state, county, municipal, and other governmental agencies and bodies having or claiming jurisdic tion and all their respective departments, bureaus, and officials, and in accordance with the following maintenance conditions. County places prime importance on quality maintenance to protect its investment and to ensure that all County-assisted affordable housing projects within the County are not allowed to deteriorate due to below-average maintenance. Normal wear and tear of the improvements on the Property is acceptable to the County, provided the improvements are maintained in good condition. Grantee shall make all repairs and replacements as necessary to keep the improvements in good condition and repair. In the event that Grantee breaches any of the covenants contained in this section and such default continues for a period of five (5) days after written notice from the County with respect to graffiti, debris, waste material, and general maintenance or thirty (30) days after written notice from the County with respect to landscaping and building improvements, then the County, in addition to whatever other remedy it may have at law or in equity, has the right to enter upon the Property and perform or cause to be performed all such acts and work necessary to cure the default. Pursuant to such right of entry, the County is permitted (but is not required) to enter upon the Property and 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 Grantee shall promptly pay to the County upon demand. ARTICLE 6 MISCELLANEOUS 6.1 Lease Provisions. In making the Units available for lease, Grantee shall use, and if the Units are subject to a Master Lease, cause the Master Tenant to use, a form of Tenant lease approved by the County. The form of Tenant lease must, among other matters include a provision for terminating the lease and the Tenant consenting to immediate eviction for Tenant’s failure: (1) to provide any information required under this Agreement or reasonably requested by Grantee to establish or recertify the Tenant's qualification, or the qualification of the Tenant for occupancy in the a Unit in accordance with the standards set forth in this Agreement, or (2) to qualify as a Very Low - Income Tenant, or (3) to qualify as a MHSA Eligible Tenant as a result of any material misrepresentation made by such Tenant with respe ct to the income computation or certification of MHSA Eligible status. 863\01\2717589.2 11 6.2 Nondiscrimination. All Units must be available for occupancy on a continuous basis to members of the general public who are MHSA Eligible and income eligible. The Grantee may not give preference to any particular class or group of persons in renting the Units, except to the extent that the Units are required to be leased to income -eligible households and MHSA Eligible Tenants pursuant to this Agreement. 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, or disability, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of any Unit is allowed. Neither Grantee nor any person claiming under or through Grantee (including the Master Tenant), may establish or permit any practices of discrimination or segregation with reference to the selection, loc ation, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees of any Unit or in connection with the employment of persons for the operation and management of any Unit. Grantee shall cause the Property to be operated at all times in compliance with all applicable federal, state, and local disabled persons accessibility requirements including, but not limited to the applicable provisions of: (i) the Unruh Act, (ii) the California Fair Employment and Housing Act, (iii) Section 504 of the Rehabilitation Act of 1973, (iv) the United States Fair Housing Act, as amended, (v) the Americans With Disabilities Act of 1990, and (vi) Chapters 11A and 11B of Title 24 of the California Code of Regulations, which relate to disabled persons access (collectively, the "Accessibility Requirements "). Grantee shall indemnify, protect, hold harmless and defend (with counsel reasonably satisfactory to the County) the County, and its board members, officers and employees, from all suits, actions, claims , causes of action, costs, demands, judgments and liens arising out of Grantee's failure to comply with the Accessibility Requirements. The provisions of this subsection will survive expiration of the Term or other termination of this Regulatory Agreement, and remain in full force and effect. 6.3 Term. The provisions of this Agreement apply to the Property for the entire Term even if the entire Grant is repaid in full prior to the end of the Term. This Agreement bind s any successor, heir or assign of Grantee, whether a change in interest occurs voluntarily or involuntarily, by operation of law or otherwise, except as expressly released by the County. The County makes the Grant on the condition, and in consideration of, this provision, and would not do so otherwise. 6.4 Compliance with Grant Agreement and Program Requirements . (a) Grantee's actions with respect to the Property must at all times be in full conformity with: (i) all requirements of the Grant Agreement; and (ii) all requirements imposed on projects under the Act and the DMH MHSA Regulations located at California Code of Regulations Title 9, Section 3100, et seq. (b) In the event DMH publishes or causes to be published any regulation or requirement concerning the use of MHSA or SNHP funds that are applicable to the Grant, and such regulation or requirement is inconsistent with the Grant Documents, upon request of the 863\01\2717589.2 12 County, the parties shall amend the terms of the Grant Documents to comply with such regulations. 6.5 Notice of Expiration of Term. (a) At least six (6) months prior to the expiration of the Term, Grantee 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. Grantee shall also file a copy of the above-described notice with the County’s Affordable Housing Program Manager. (b) In addition to the notice required above, Grantee shall comply with the requirements set forth in California Government Code Sections 65863.10 and 65863.11. Such notice requirements include: (i) a twelve (12) month notice to existing tenants, prospective tenants and Affected Public Agencies (as defined in California Government Code Section 65863.10(a)) prior to the expiration of the Term, (ii) a six (6) month notice requirement to existing tenants, prospective tenants and Affected Public Agencies prior to the expiration of the Term; (iii) a notice of an offer to purchase the Property to "qualified entities" (as defined in California Government Code Section 65863.11(d)), if the Property 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 Property. 6.6 Covenants to Run with the Land. The County and Grantee hereby declare their express intent that the covenants and restrictions set forth in this Agreement shall run with the land, and shall bind all successors in title to the Property, provided, however, that on the expiration of the Term of this Agreement said covenants and restrictions shall expire. Each and every contract, deed or other instrument hereafter executed covering or conveying the Property or any portion thereof, sha ll be held conclusively to have been executed, delivered and accepted subject to such covenants and restrictions, regardless of whether such covenants or restrictions are set forth in such contract, deed or other instrument, unless the County expressly releases such conveyed portion of the Property from the requirements of this Agreement. 6.7 Enforcement by the County. If Grantee fails to perform any obligation under this Agreement, and fails to cure the default within thirty (30) days after the County has notified Grantee in writing of the default or, if the default cannot be cured within thirty (30) days, failed to commence to cure within thirty (30) days and thereafter diligently pursue such cure and complete such cure within ninety (90) days, the County shall have the right to enforce this Agreement by any or all of the following actions, or any other remedy provided by law: 863\01\2717589.2 13 (a) Calling the County Grant. The County may declare a default under the Grant Agreement, accelerate the indebtedness evidenced by the Grant Agreement, and proceed with foreclosure under the County Deed of Trust. (b) Action to Compel Performance or for Damages. The County may bring an action at law or in equity to compel the Grantee's performance of its obligations under this Agreement, and/or for damages. (c) Remedies Provided Under Grant Agreement . The County may exercise any other remedy provided under the Grant Agreement. 6.8 Attorneys’ Fees and Costs. In any action brought to enforce this Agreement, the prevailing party is entitled to all costs and expenses of suit, including attorneys' fees. This section shall be interpreted in accordance with California Civil Code Section 1717 and judicial decisions interpreting that statute. 6.9 Recording and Filing. The County and the Grantee shall cause this Agreement, and all amendments and supplements to it, to be recorded in the Official Records of the County of Contra Costa. 6.10 Governing Law. This Agreement is governed by the laws of the State of California. 6.11 Waiver of Requirements. Any of the requirements of this Agreement may be expressly waived by the County in writing, but no waiver by the County of any requirement of this Agreement will, or will be deemed to, extend to or affect any other provision of this Agreement. 6.12 Amendments. This Agreement may be amended only by a written instrument executed by all the parties hereto or their successors in title, and duly recorded in the real property records of the County of Contra Costa. 6.13 Notices. Any notice requirement set forth herein shall 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: 863\01\2717589.2 14 Grantee: Housing Consortium of the East Bay 410 7th Street, Suite 203 Oakland, CA 94607 Attn: Executive Director County: County of Contra Costa Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attention: Affordable Housing Program Manager Such addresses may be changed by notice to the other party given in the same manner as provided above. 6.14 Severability. If any provision of this Agreement is invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions of this Agreement will not in any way be affected or impaired thereby. 6.15 Multiple Originals; Counterparts. This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. [signatures on following page] 863\01\2717589.2 1 The Parties are signing this Agreement as of the date first above written. COUNTY: COUNTY OF CONTRA COSTA, a political subdivision of the State of California By: _______________________________ Anna Roth Health Services Director GRANTEE: HOUSING CONSORTIUM OF THE EAST BAY, a California nonprofit public benefit corporation By: _______________________________ Name: _______________________________ Its: _______________________________ APPROVED AS TO FORM: SHARON L. ANDERSON , County Counsel By: ________________________________ Kathleen M. Andrus, Deputy County Counsel 863\01\2717589.2 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. 863\01\2717589.2 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. 863\01\2717589.2 A EXHIBIT A LEGAL DESCRIPTION OF PROPERTY ON VIRGINIA AVENUE The land is situated in the State of California, County of Contra Costa, and is described as follows: 863\01\2717589.2 A EXHIBIT B LEGAL DESCRIPTION OF PROPERTY ON SOUTH 9TH STREET The land is situated in the State of California, County of Contra Costa, and is described as follows: 863\01\2711622.2 SNHP REVOCABLE GRANT AGREEMENT Between COUNTY OF CONTRA COSTA and HOUSING CONSORTIUM O F THE EAST BAY VIRGINIA AVENUE AND SOUTH 9TH STREET APARTMENTS DECEMBER 15, 2019 i 863\01\2711622.2 ARTICLE 1 DEFINITIONS AND EXHIBITS ............................................................................2 Section 1.1 Definitions................................................................................................... 2 Section 1.2 Exhibits. ...................................................................................................... 4 ARTICLE 2 GRANT PROVISIONS ...........................................................................................4 Section 2.1 Grant............................................................................................................ 4 Section 2.2 Interest......................................................................................................... 4 Section 2.3 Use of Grant Funds. .................................................................................... 4 Section 2.4 Security. ...................................................................................................... 5 Section 2.5 Conditions Precedent to Disb ursement of Grant Funds.............................. 5 Section 2.6 Repayment Schedule................................................................................... 5 Section 2.7 Non-Recourse.............................................................................................. 6 ARTICLE 3 GRANT REQUIREMENTS ....................................................................................6 Section 3.1 Annual Operating Budget. .......................................................................... 6 Section 3.2 Information.................................................................................................. 6 Section 3.3 Records........................................................................................................ 6 Section 3.4 Audits. ......................................................................................................... 7 Section 3.5 Hazardous Materials. .................................................................................. 7 Section 3.6 Maintenance and Damage. .......................................................................... 9 Section 3.7 Fees and Taxes. ......................................................................................... 10 Section 3.8 Notice of Litigation. .................................................................................. 10 Section 3.9 Operation of Development as MHSA Eligible Housing........................... 10 Section 3.10 Nondiscrimination..................................................................................... 10 Section 3.11 Transfer. .................................................................................................... 11 Section 3.12 Insurance Requirements. ........................................................................... 11 ARTICLE 4 REPRESENTATIONS AND WARRANTIES OF GRANTEE ............................12 Section 4.1 Representations and Warranties................................................................ 12 ARTICLE 5 DEFAULT AND REMEDIES ...............................................................................13 Section 5.1 Events of Default. ..................................................................................... 13 Section 5.2 Remedies. .................................................................................................. 15 Section 5.3 Right of Contest. ....................................................................................... 15 Section 5.4 Remedies Cumulative. .............................................................................. 15 ARTICLE 6 GENERAL PROVISIONS ....................................................................................16 Section 6.1 Relationship of Parties. ............................................................................. 16 Section 6.2 No Claims. ................................................................................................ 16 Section 6.3 Amendments. ............................................................................................ 16 Section 6.4 Indemnification. ........................................................................................ 16 Section 6.5 Non-Liability of County Officials, Employees and Agents...................... 17 Section 6.6 No Third Party Beneficiaries. ................................................................... 17 Section 6.7 Notices, Demands and Communications. ................................................. 17 Section 6.8 Applicable Law. ........................................................................................ 17 Section 6.9 Parties Bound. ........................................................................................... 17 TABLE OF CONTENTS (continued) Page ii 863\01\2711622.2 Section 6.10 Attorneys’ Fees. ........................................................................................ 18 Section 6.11 Severability. .............................................................................................. 18 Section 6.12 Waivers. .................................................................................................... 18 Section 6.13 Title of Parts and Sections. ....................................................................... 18 Section 6.14 Entire Understanding of the Parties. ......................................................... 18 Section 6.15 Multiple Originals; Counterpart................................................................ 18 EXHIBIT A: Legal Description of the Property on Virginia Avenue EXHIBIT B: Legal Description of the Property on South 9th Street 1 863\01\2711622.2 SNHP REVOCABLE GRANT AGREEMENT Virginia Avenue and South 9th Street Apartments This SNHP Revocable Grant Agreement (the “Agreement ”) is dated December 15, 2019, and is between the COUNTY OF CONTRA COSTA , a political subdivision of the State of California (the “County”), and HOUSING CONSORTIUM OF THE EAST BAY, a California non-profit public benefit corporation (“Grantee”). RECITALS A. Defined terms used but not defined in these recitals are as defined in Article 1 of this Agreement. B. The County previously received funds from the Mental Health Services Act (the “MHSA”) through the California Housing Finance Agency for housing purposes, which MHSA funds were disbursed for various projects in the County (“MHSA Funds”). In 2016 the County’s program of disbursing MHSA Funds was replaced with the Special Needs Housing Program (“SNHP”). Funds from the SNHP, and any previously unspent MHSA Funds received by the County (“SNHP Funds”), are administered by the County’s Health Services Department. C. Rubicon Programs, Inc. (“Rubicon”) is the owner of certain real property located at 903-919 Virginia Avenue in the City of Richmond, County of Contra Costa, State of California, as more particularly described in Exhibit A (the “Virginia Property”). Rubicon is also the owner of certain real property located at 360 -366 South 9th Street in the City of Richmond, County of Contra Costa, State of California, as more particularly described in Exhibit B (the “West Richmond Property”). Together, the Virginia Property and the West Richmond Property are the “Property.” Grantee and Rubicon are parties to a purchase and sale agreement dated October 18, 2019, under which Grantee is acquiring the Property from Rubicon (the “Purchase and Sale Agreement ”). D. Pursuant to a MHSA Revocable Grant Agreement dated as of March 12, 2008 (the “Rubicon Grant Agreement), and a Regulatory Agreement and Declaration of Restrictive Covenants dated as of March 12, 2008, recorded as Document Number 2008 -0066594-00, in the official records of Contra Costa County (the “Rubicon Regulatory Agreement ”), the County granted to Rubicon MHSA funds in the amount of $564,332 (the “Rubicon Grant”) to finance the rehabilitation of the six-unit residential building located on the Virginia Property (the “Virginia Improvements ”). The Rubicon Grant Agreement and the Rubicon Regulatory Agreement are secured by a Deed of Trust with Assignment of Rents, Security Agreement, and Fixture Filing dated as of March 12, 2008, recorded as Document Number 2008 -0066593-00, in the official records of Contra Costa County (the “Rubicon Deed of Trust”). Under the terms of the Rubicon Regulatory Agreement, Rubicon agreed to maintain all six residential units on the Virginia Property for occupancy by Very Low Income Tenants who are also MHSA Eligible Tenants through March 11, 2028. E. The West Richmond Property is the site of a four-unit residential building (the “West Richmond Improvements ”). All four units are occupied by tenants who qualify as Very 2 863\01\2711622.2 Low Income Tenants who are MHSA Eligible Tenants, despite the West Richmond Property not being subject to the Rubicon Regulatory Agreement. F. Grantee desires to accept from the County and the County desires to extend to Grantee a grant in the amount of One Million One Hundred Seventy-Five Thousand Dollars ($1,175,000) of SNHP funds to assist in Grantee’s acquisition of the Property from Rubicon, including closing costs. Acquisition of the Property is intended to assist in maintaining the supply of permanent supportive housing for persons who are homeless or at risk of chronic homelessness and are eligible for services under the MHSA. G. As consideration for the Grant, simultaneous with the acquisition of the Property, Grantee is entering into (i) this Agreement, (ii) the Regulatory Agreement, which has a term of fifty-five (55) years and supersedes the Rubicon Regulatory Agreement, (iii) the Deed of Trust, which secures Grantee’s obligations under this Agreement, the Rubicon Grant Agreement, and the Regulatory Agreement, and (iv) an Assignment, Assumption, and Consent Agreement of even date herewith with respect to the Rubicon Grant Agreement (the “Assignment and Assumption Agreement ”), under which Grantee is assuming the Rubicon Grant and Rubicon’s rights and obligations under the Rubicon Grant Agreement. H. Simultaneously with the acquisition of the Property by Grantee, the County will reconvey the Rubicon Deed of Trust and terminate the Rubicon Regulatory Agreement. The parties therefore agree as follows: ARTICLE 1 DEFINITIONS AND EXHIBITS Section 1.1 Definitions. The following capitalized terms have the meanings set forth in this Section 1.1 wherever used in this Agreement, unless otherwise provided: (a) “Agreement ” has the meaning set forth in the first paragraph of this agreement. (b) “County” has the meaning set forth in the first paragraph of this Agreement. (c) “County Designee ” means a service provider designated by the County in writing as the person or entity qualified to determine if prospective tenants for the Units are MHSA Eligible. (d) “Deed of Trust” means the Deed of Trust with Assignment of Rents, Security Agreement, and Fixture Filing of even date herewith among Grantee, as trustor, Old Republic Title Company, as trustee, and the County, as beneficiary, that will encumber the Development to secure Grantee’s obligations and covenants under this Agreement, the Rubicon Grant Agreement, and the Regulatory Agreement. 3 863\01\2711622.2 (e) “Default ” has the meaning set forth in Section 6.1 below. (f) “Default Rate” means the lesser of the maximum rate permitted by law and ten percent (10%) per annum. (g) “Development” means the Improvements and the Property. (h) “Grant” has the meaning set forth in Section 2.1 below. (i) “Grant Documents ” means this Agreement, the Regulatory Agreement and the Deed of Trust. (j) “Grantee” has the meaning set forth in the first paragraph of this Agreement. (k) “Hazardous Materials” has the meaning set forth in Section 3.5 below. (l) “Hazardous Materials Claim” has the meaning set forth in Section 3.5 below. (m) “Hazardous Materials Law” has the meaning set forth in Section 3.5 below. (n) “Improvements” means collectively, the Virginia Improvements and the West Richmond Improvements. (o) “MHSA” has the meaning set forth in paragraph B of the Recitals. (p) “MHSA Eligible ” means a person certified by the County or the County Designee as having a serious mental disorder as defined in Welfare and Institutions Code Section 5600.3(a)(b) and (c), Unserved or Underserved (as defined in the Regulatory Agreement), and eligible to occupy a Unit financed with MHSA Funds or SNHP Funds. (q) “MHSA Eligible Tenant” means a Tenant that has at least one household member who is MHSA Eligible. (r) “MHSA Funds” has the meaning set forth in paragraph B of the Recitals. (s) “Parties” means the County and Grantee. (t) “Property” has the meaning set forth in paragraph C of the Recitals. (u) “Regulatory Agreement ” means the Regulatory Agreement and Declaration of Restrictive Covenants of even date herewith, between the County and Grantee, evidencing County requirements applicable to the Grant and the Rubicon Grant to be recorded against the Property. (v) “Rubicon Deed of Trust” has the meaning set forth in paragraph D of the Recitals. 4 863\01\2711622.2 (w) “Rubicon Grant” has the meaning set forth in paragraph D of the Recitals. (x) “Rubicon Grant Agreement ” has the meaning set forth in paragraph D of the Recitals. (y) “Rubicon Regulatory Agreement ” has the meaning set forth in paragraph D of the Recitals. (z) “SNHP” has the meaning set forth in paragraph B of the Recitals. (aa) “SNHP Funds” has the meaning set forth in paragraph B of the Recitals. (bb) “Tenant ” means the tenant household occupying a Unit. (cc) “Term” has the meaning set forth in Section 2.6 below. (dd) “Transfer ” has the meaning set forth in Section 3.11 below. (ee) “Unit ” means a residential unit on the Property. 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 on Virginia Avenue Exhibit B: Legal Description of the Property on South 9th Street ARTICLE 2 GRANT PROVISIONS Section 2.1 Grant. The County hereby grants to Grantee the Grant in the amount of up to One Million One Hundred Seventy-Five Thousand Dollars ($1,175,000) (the “Grant”) consisting of SNHP Funds for the purposes set forth in Section 2.3 of this Agreement. Section 2.2 Interest. In the event of a Default, interest on the Grant will accrue at the Default Rate, beginning on the date the Default occurs and continuing until (i) the Grant is repaid in full or (ii) the Default is cured. Section 2.3 Use of Grant Funds. (a) The Grantee shall use the Grant to fund the acquisition of the Property, including closing costs. 5 863\01\2711622.2 (b) The Grantee may not use the Grant for any other purpose without the prior written consent of the County. Section 2.4 Security. Grantee shall secure its obligation to repay the Grant and the Rubicon Grant in the event of a default under this Agreement or the Rubicon Grant Agreement (as applicable) by executing the Deed of Trust and causing, or permitting, it to be recorded as a lien against the Property. All obligations of Grantee regarding the Rubicon Grant will terminate on March 11, 2028. Section 2.5 Conditions Precedent to Disbursement of Grant Funds. The County is not obligated to disburse the Grant, or to take any other action under the Grant Documents unless the following conditions precedent are satisfied prio r to the disbursement: (a) There exists no Default nor any act, failure, omission or condition that would constitute an event of Default under the Grant Documents. (b) Grantee has executed and delivered the Grant Documents to the County and any other instruments and policies required under the Grant Documents. (c) Grantee has delivered to the County a copy of a corporate authorizing resolution authorizing Grantee’s execution of the Grant Documents. (d) A title insurer reasonably acceptable to the County is unconditionally and irrevocably committed to issuing an ALTA Lender’s Policy of title insurance insuring the priority of the Deed of Trust in the amount of the Grant and the Rubicon Grant, 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. (e) 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. (f) Grantee has furnished the County with evidence of the insurance coverage meeting the requirements of Section 3.12 below. (g) The County has received a written draw request from the Grantee, including certification that the condition set forth in Section 2.5(a) continues to be satisfied, and setting forth the amount of funds needed, and, where applicable, a copy of the bill or invoice covering a cost incurred. Section 2.6 Repayment Schedule. No repayment of the Grant is required if Grantee complies with the requirements of the Grant Documents for a term commencing on the date of this Agreement and continuing for fifty- five (55) years (the “Term”). The Regulatory Agreement will remain in effect for the entire Term, regardless of any repayment of the Grant. 6 863\01\2711622.2 Section 2.7 Non-Recourse. Except as provided below, the Grantee does not have any direct or indirect personal liability for payment of the principal of, and interest on, the Grant and/or the Rubicon Grant, or the performance of the covenants of the Grantee under the Deed of Trust. Following recordation of the Deed of Trust, the sole recourse of the County with respect to the amount of the Grant and the Rubicon Grant, interest on the Grant and the Rubicon Grant, and defaults by Grantee in the performance of its covenants under the Deed of Trust is to the property described in the Deed of Trust; provided, however, that nothing contained in the foregoing limitation of liability (a) limit s or impairs enforcement against all such security for the Grant Agreement and Rubicon Grant Agreement of all the rights and remedies of the County thereunder, or (b) may be deemed in any way to impair the right of the County to assert the unpaid principal amount of the Grant and/or the Rubicon Grant 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 for the repayment of the Grant and the Rubicon Grant, and payment of interest on the Grant and the Rubicon Grant and the performance of the Grantee’s obligations under the Deed of Trust, except as hereafter set forth; nothing contained herein is intended to relieve the Grantee of its obligation to indemnify the County under Sections 3.5, and 6.4 of this Agreement, or liability for (i) fraud or willful misrepresentation; (ii) the failure to pay taxes, assessments or other charges that may create liens on the Property that are payable or applicable prior to any foreclosure under the Deed of Trust (to the full extent of such taxes, assessments or other charges); (iii) the fair market value of any personal property or fixtures removed or disposed of by Grantee, 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 GRANT REQUIREMENTS Section 3.1 Annual Operating Budget. At least ninety (90) days prior to the close of each calendar year, Grantee shall provide to the County an annual budget for the operation of the Units as rental housing on the Property. The County shall review and approve or reject such budget provided by the Grantee. If rejected by the County in whole or in part, Grantee shall submit a new or corrected budget within thirty (30) calendar days of notification of the C ounty’s rejection and the reasons therefor. The provisions of this Section relating to time periods for resubmission of new or corrected budget s will continue to apply until the budget is approved by the C ounty. Section 3.2 Information. Grantee shall provide any information reasonably requested by the County in connection with the Property and compliance with the Grant Documents, including (but not limited to) information related to Grantee’s use of the Grant funds. Section 3.3 Records. 7 863\01\2711622.2 (a) The Grantee shall keep and maintain at the Property, or elsewhere with the County’s written consent, full, complete and appropriate books, record s and accounts relating to the operation of the Units as rental housing at the Property, including all such books, records and accounts necessary or prudent to evidence and substantiate in full detail Grantee’s compliance with the terms and provisions of the Grant Documents. Books, records and accounts relating to Grantee’s compliance with the terms, provisions, covenants and conditions of the Grant Documents are to be kept and maintained in accordance with generally accepted accounting principles consistently applied, and are to be consistent with the requirements of this Agreement. All such books, records, and accounts are to be open to and available for inspection and copying by the County, its auditors or other authorized representatives at reasonable intervals during normal business hours. Copies of all tax returns and other reports that Grantee may be required to furnish to any government agency are to be open for inspection by the County at all reasonable times at the place that the books, records and accounts of the Grantee are kept. The Grantee shall preserve such records for a period of not less than five (5) years after the creation of such records. If any litigation, claim, negotiation, audit exception, monitoring, inspection or other action relating to the use of the Grant is pending at the end of the record retention period stated herein, then the Grantee shall retain the records until the action and all related issues are resolved. Records must be kept accurate and current. Required records include but are not limited to Records documenting compliance with the fair housing and equal opportunity requirements, as applicable. (b) The County shall notify Grantee of any records it deems insufficient. Grantee will have fifteen (15) calendar days after the receipt of the a notice to correct any deficiency in the records specified by the County in the notice, or if a period longer than fifteen (15) days is reasonably necessary to correct the deficiency, then Grantee shall begin to correct the deficiency within fifteen (15) days and correct the deficiency as soon as reasonably possible. Section 3.4 Audits. Each year, Grantee shall provide the County with a copy of Grantee’s annual audit, which must include information on all of Grantee’s activities and not just those pertaining to the Property. In addition, the County or any designated agent or employee of the County at any time is entitled to audit all of Grantee’s books, records, and accounts pertaining thereto. The audit will be conducted during normal business hours at the principal place of business of Grantee and other places where records are kept. Immediately after the completion of an audit, the County will deliver a copy of the results of the audit to Grantee. Section 3.5 Hazardous Materials. (a) Grantee shall keep and maintain the Property in compliance with, and may not cause or permit the Property to be in violation of, federal, state or local laws, ordinances or regulations relating to industrial hygiene or to the environmental conditions on, under or about the Property including, but not limited to, soil and ground water conditions. Grantee may not use, generate, manufacture, store or dispose of on, under, or about the Property or transport to o r from the Property any flammable explosives, radioactive materials, hazardous wastes, toxic substances or related materials, including without limitation, any substances defined as or included in the definition of “hazardous substances,” hazardous wastes,” “hazardous materials,” or “toxic substances” under any applicable federal or state laws or regulations (collectively 8 863\01\2711622.2 referred to hereinafter as “Hazardous Materials ”) except as may be customarily kept and used in and about residential property of this type. (b) Grantee shall immediately advise the County in writing if at any time it receives written notice of (i) an enforcement, cleanup, removal or other government or regulatory action instituted, completed or threatened against Grantee or the Property pursuant to any applicable federal, state or local laws, ordinances, or regulations relating to any Hazardous Materials, (“Hazardous Materials Law”); (ii) all claims made or threatened by any third party against Grantee 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) Grantee’s discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property that could cause the Property or any part thereof to be classified as “border-zone property” (as defined in California Health and Safety Code Section 25117.4) under the provision of California Health and Safety Code, Sections 25220 et seq., or any regulation adopted in accordance therewith, or to be otherwise subject to any restrictions on the ownership, occupancy, transferability or use of the Property under any Hazardous Materials Law. (c) The County has the right to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims and to have its reasonable attorneys’ fees in connection therewith paid by Grantee. Grantee 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, expense or liability directly or indirectly arising out of or attributable to the use, generation, storage, release, threatened release, discharge, disposal, or presence of Hazardous Materials on, under, or about the Property including without limitation: (a) all foreseeable consequential damages; (b) the costs of any required or necessary repair, cleanup or detoxification of the Property and the preparation and implementation of any closure, remedial or other required plans; and (c) all reasonable costs and expenses incurred by the County in connection with clauses (a) and (b), including but not limited to reasonable attorneys’ fees and consultant ’s fees. This indemnification applies whether or not any government agency has issued a cleanup order. Losses, claims, costs, suits, liability, and expenses covere d 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 sp ace 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 shall survive termination of this Agreement. (d) Without the County’s prior written consent, Grantee may not take any remedial action in response to the presence of any Hazardous Materials on, under or about the Property, and may not 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 reasonable 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 9 863\01\2711622.2 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 Grantee 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) Grantee will or may be subjected to civil or criminal sanctions or penalties if it fails to take a required action; or (iii) Grantee establishes to the reasonable satisfaction of the County that there is no reasonable alternative to such remedial action that would result in less impairment of the County’s security hereunder. (e) Grantee hereby acknowledges and agrees that (i) this Section is intended as the County’s written request for information (and Grantee’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. (f) 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 wa y affecting the County’s or the trustee’s rights and remedies under the Deed of Trust, the County may elect to exercise its rights under California Code of Civil Procedure Section 726.5(a) to (1) waive its lien on such environmentally impaired or affected portion of the Property and (2) exercise (i) the rights and remedies of an unsecured creditor, including reduction of its claim against the Grantee to judgment, and (ii) 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), the Grantee 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 Grantee knew or should have known of the activity by such lessee, occupant, or user which caused or contributed to the release or threatened release. All costs and expenses, including (but not limited to) attorneys ’ fees, incurred by the County in connection with any ac tion commenced under this paragraph, including any action required by California Code of Civil Procedure Section 726.5(b) to determine the degree to which the Property is environmentally impaired, plus interest thereon at the lesser of ten percent (10%) and the maximum rate permitted by law, until paid, will be added to the indebtedness secured by the Deed of Trust and will be due and payable to the County upon its demand made at any time following the conclusion of such action. Section 3.6 Maintenance and Damage. (a) During the operation of the rental housing on the Property, Grantee shall maintain the Development and the Property in good repair and in a neat, clean and orderly condition. If there arises a condition in contravention of this requirement, and if Grantee ha s not cured the condition within thirty (30) days after receiving a County notice of the condition, then 10 863\01\2711622.2 in addition to any other rights available to the County, the County has the right to perform all acts necessary to cure such condition, and to establis h or enforce a lien or other encumbrance against the Property. (b) If economically feasible in the County’s reasonable judgment after consultation with Grantee, if any improvement now or in the future on the Property is damaged or destroyed, then Grantee shall, at its cost and expense, diligently undertake to repair or restore such improvement consistent with the plans and specifications approved by the County with such changes as have been approved by the County. Such work or repair is to be commenced no later than the later of one hundred twenty (120) days, or such longer period approved by the County in writing, after the damage or loss occurs or thirty (30) days following receipt of the insurance proceeds, and is to be completed within one year thereafter. Any insurance proceeds collected for such damage or destruction are to be applied to the cost of repairs or restoration and, if the insurance proceeds are insufficient for such purpose, then Grantee is to make up the deficiency. Section 3.7 Fees and Taxes. Grantee is solely responsible for the 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 to the extent owned by Grantee, and shall pay such charges prior to delinquency. However, Grantee is not required to pay and discharge any such charge so long as (a) the legality of the charge is being contested diligently and in good faith and by appropriate proceedings, and (b) if requested by the County, Grantee deposits with the County any funds or other forms of assurance that the County in good faith from time to time determines appropriate to protect the County from the consequences of the contest being unsuccessful. Section 3.8 Notice of Litigation. Grantee shall promptly notify the County in writing of any litigation that has the potential to materially affect Grantee or the Property and of any claims or disputes that involve a material risk of such litigation. Section 3.9 Operation of Units as MHSA Eligible Housing. Grantee shall operate the Units as permanent affordable housing for MHSA Eligible Tenants consistent with (i) any State of California requirements for use of the MHSA Funds and SNHP Funds, and (ii) the Regulatory Agreement. Section 3.10 Nondiscrimination. Grantee 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, disability, sex, sexual orientation, marital status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenur e or enjoyment of the Property, nor may Grantee or any person claiming under or through Grantee establish or permit any such practice or practices of discrimination or segregation with re ference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Property. The foregoing covenant shall run with the land. 11 863\01\2711622.2 Section 3.11 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 partne rship interest, a leasehold interest, a security interest, or an interest evidenced by a land contract by which possession of the Development is transferred and Grantee retains title. The term “Transfer ” excludes the leasing of any single Unit to an occupant in compliance with the Regulatory Agreement. (b) No Transfer is permitted without the prior written consent of the County, which the County may withhold in its sole discretion. The Grant is automatically due in full upon any Transfer made without the prior written consent of the County. Section 3.12 Insurance Requirements. The Grantee shall maintain the following insurance coverage throughout the Term of the Grant: (a) Worker’s 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. (b) 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. (c) Automobile Liability insurance with limits not less than One Million Dollars ($1,000,000) each occurrence combined single limit for Bo dily Injury and Property Damage, including coverages for owned, non-owned and hired vehicles, as applicable. (d) 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. (e) The required insurance is to be provided under an occurrence form, and Grantee shall maintain the coverage described in subsections (a) through (d) 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 is included in the annual aggregate limit, the annual aggregate limit must be three times the occurrence limits specified above. (f) 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. 12 863\01\2711622.2 (g) All policies must contain (a) an agreement that the policies are primary and non-contributing with any insurance that may be carried b y the County; (b) a provision that no act or omission of the Grantee affects or limits the obligation of the insurance carrier to pay the amount of any loss sustained; and (c) a waiver by the insurer of all rights of subrogation against the County and its authorized parties in connection with any loss or damage thereby insured against. ARTICLE 4 REPRESENTATIONS AND WARRANTIES OF GRANTEE Section 4.1 Representations and Warranties. Grantee hereby represents and warrants to the County as follows: (a) Organization. Grantee is a duly organized California nonprofit public benefit corporation, 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 Grantee. Grantee has full power and authority to execute and deliver this Agreement and to accept the Grant, to execute and deliver the Grant Documents and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement, and to perform and observe the terms and provisions of all of the above. (c) Authority of Persons Executing Documents. This Agreement and the Grant Documents and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement are being executed and delivered by persons who are duly authorized to execute and deliver the same for and on behalf of Grantee, and all actions required under Grantee’s organizational documents and applicable go verning law for the authorization, execution, delivery and performance of this Agreement and the Grant Documents and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement, have been duly take n. (d) Valid Binding Agreements . This Agreement and the Grant Documents and all other documents or instruments being 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 Grantee enforceable against it in accordance with their respective terms. (e) No Breach of Law or Agreement. Neither the execution nor deliver y of this Agreement and the Grant Documents or of any other documents or instruments executed and delivered, or to be executed or delivered, pursuant to this Agreement, nor the performance of any provision, condition, covenant or other term hereof or thereof, conflicts with or will result in a breach of any statute, rule or regulation, or any judgment, decree or order of any court, board, commission or agency whatsoever binding on Grantee, or any provision of the organizational documents of Grantee, or constitute a breach of or a default under any agreement to which 13 863\01\2711622.2 Grantee is a party, or result in the creation or imposition of any lien upon any assets or property of Grantee, other than liens established pursuant hereto. (f) Pending Proceedings. Grantee 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 Grantee, threatened against or affecting Grantee, at law or in equity, before or by any court, board, co mmission or agency whatsoever which might, if determined adversely to Grantee, materially impair the security to be given to the County pursuant hereto. (g) Title to Land. At the time of recordation of the Deed of Trust, Grantee will have good and marketable fee title to the Development and there will exist thereon or with respect thereto no mortgage, lien, pledge or other encumbrance of any character whatsoever other than liens for current real property taxes and liens in favor of the County or approved in writing by the County. (h) Financial Statements. The financial statements of Grantee and other financial data and information furnished by Grantee to the County fairly and accurately present the information contained therein. As of the date of this Agreement, there has not been any adverse, material change in the financial condition of Grantee from that shown by such financial statements and other data and information. (i) Sufficient Funds. Grantee holds sufficient funds and/or binding commitments for sufficient funds to complete the acquisition of the Property. (j) Taxes. Grantee and its subsidiaries have filed all federal and other material tax returns and reports required to be filed, and have paid all federal and other material taxes, assessments, fees and other governmental charges levied or imposed upon them or their income or the Property otherwise due and payable, except those that are being contested in good faith by appropriate proceedings and for which adequate reserves have been provided in accordance with generally accepted accounting principles. There is no proposed tax assessment against Grantee or any of its subsidiaries that could, if made, be reasonably expected to have a material adverse effect upon the Property, liabilities (actual or contingent), operations, condition (financial or otherwise) or prospects of the Grantee and its subsidiaries, taken as a whole, that would be expected to result in a material impairment of the ability of Grantee to perform under any Grant Document to which it is a party, or a material adverse effect upon the legality, validity, binding effect or enforceability against Grantee of any Grant Document. ARTICLE 5 DEFAULT AND REMEDIES Section 5.1 Events of Default. Each of the following shall constitute a “Default” by Grantee under this Agreement: (a) Breach of Covenants. Failure by Grantee to duly perform, comply with, or observe any of the conditions, terms, or covenants of any of the Grant Documents, and such failure having continued uncured for thirty (30) days after receipt of written notice t hereof from 14 863\01\2711622.2 the County to the Grantee or, if the breach cannot be cured within thirty (30) days, the Grantee will not be in breach so long as Grantee is diligently undertaking to cure such breach and such breach is cured within ninety (90) days; provided, however, that if a different period or notice requirement is specified under any other section of this Article 5, the specific provisions control. (b) Default Under Loans. A default is declared under any other financing for the Property by the lender of such financing. (c) Insolvency. A court having jurisdiction makes or enters any decree or order (i) adjudging Grantee to be bankrupt or insolvent, (ii) approving as properly filed a petition seeking reorganization of Grantee or seeking any arrangement for Grantee 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, liquida tor, or assignee of Grantee in bankruptcy or insolvency or for any of their properties, (iv) directing the winding up or liquidation of Grantee if any such decree or order described in clauses (i) to (iv), inclusive, continue s unstayed or undischarged for a period of ninety (90) days; or (v) Grantee admits in writing its inability to pay its debts as they fall due or voluntarily submits to or files 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 automatically trigger, without the need for any action by the County, Grantee’s obligation to repay the Grant in accordance with the terms of the Grant Documents. (d) Assignment; Attachment. Grantee 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 purs uant to such sequestration, attachment, or execution. The occurrence of any of the events of Default in this paragraph will automatically trigger, without the need for any action by the County, Grantee’s obligation to repay the Grant in accordance with the terms of the Grant Documents. (e) Suspension; Termination. Grantee voluntarily suspends its business or commences termination or dissolution. (f) Liens on Property and the Project. Any claim of lien (other than liens approved in writing by the County) is filed against the Property or any part thereof, or any interest or right made appurtenant thereto, or the service of any notice to withhold proceeds of the Grant and the continued maintenance of the claim of lien or notice to withhold for a period of twenty (20) days, without discharge or satisfaction thereof or provision therefor (including, without limitation, the posting of bonds) satisfactory to the County. (g) Condemnation. The condemnation, seizure, or appropriation of all or the substantial part of the Property. (h) Unauthorized Transfer. Any Transfer other than as permitted by Section 3.11. (i) Representation or Warranty Incorrect. Any Grantee representation or warranty contained in this Agreement, or in any application, financial statement, certificate, or 15 863\01\2711622.2 report submitted to the County in connection with any of the Grant Documents, proving to have been incorrect in any material respect when made. Default may be declared under this subsection only if the failure of representation or warranty has a material advers e effect on the rental of the Units in compliance with the Grant Documents . If the Grantee is a limited partnership or limited liability company, then the occurrence of any of the events set forth in subsections (c), (d), or (e) by the Grantee’s general partner or managing member, as applicable, shall also constitute a Default under this Agreement. Section 5.2 Remedies. The occurrence of any Default hereunder following the expiration of all applicable notice and cure periods will, either at the option of the County or automatically where so specified, relieve the County of any obligat ion to make or continue the Grant and give the County the right to proceed with any and all remedies set forth in this Agreement and the Grant Documents, including but not limited to the following: (a) Repayment of Grant. The right to cause the Grant, together with any accrued interest thereon as described in Section 2.2, to become immediately due and payable. The Grantee waives all right to presentment, demand, protest or notice of protest or dishonor. The County may proceed to enforce repayment of the Grant and to exercise any or all rights afforded to the County as a creditor and secured party under the law including the Uniform Commercial Code, including foreclosure under the Deed of Trust. The Grantee will be liable to pay the County on demand all reasonable expenses, costs and fees (including, without limitation, reasonable attorney’s fees) paid or incurred by the County in connection with the collection of the Grant and the preservation, maintenance, protection, sale, or other disposition of the security given for the Grant. (b) Specific Performance. The right to mandamus or other suit, action or proceeding at law or in equity to require Grantee to perform its obligations and covenants under the Grant Documents or to enjoin acts on things that may be unlawful or in violation of the provisions of the Grant Documents. (c) Right to Cure at Grantee’s Expense. The right (but not the obligation) to cure any monetary default by Grantee under a grant or loan secured by the Development. The Grantee agrees to reimburse the County for any funds advanced by the County to cure a monetary default by Grantee upon demand therefor, together with interest thereon at the Default Rate from the date of expenditur e until the date of reimbursement. Section 5.3 Right of Contest. Grantee has the right to contest in good faith any claim, demand, levy, or assessment the assertion of which would constitute a Default hereunder. Any such contest must be prosecuted diligently and in a manner unprejudicial to the County or the rights of the County hereunder. Section 5.4 Remedies Cumulative. No right, power, or remedy given to the County by the this Agreement or the Grant 16 863\01\2711622.2 Documents is intended to be exclusive of any other right, power, or remedy; a nd each and every such right, power, or remedy shall be cumulative and in addition to every other right, power, or remedy given to the County by the terms of any such instrument, or by any statute or otherwise against Grantee and any other person. The failure or delay on the part of the County to exercise any such rights and remedies does not operate as a waiver thereof, and any single or partial exercise by the County of any such right or remedy does not preclude any other or further exercise of such right or remedy, or any other right or remedy. ARTICLE 6 GENERAL PROVISIONS Section 6.1 Relationship of Parties. Nothing contained in this Agreement may be interpreted or understood by any of the Parties, or by any third persons, as creating the relationship of employer and emplo yee, principal and agent, limited or general partnership, or joint venture between the County and Grantee or its agents, employees or contractors, and Grantee 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. Grantee 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. With respect to the operation of the Units as rental housing, Grantee 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 is to include requirements in each contract that contractors are solely responsible for similar matters relating to their employees. Grantee is solely responsible for its own acts and those of its agents a nd employees. Section 6.2 No Claims. Nothing contained in this Agreement creates or justifies any claim against the County by any person that Grantee may have employed or with whom Grantee may have contracted relative to the purchase of materials, supplies or equipme nt, or the furnishing or the performance of any work or services with respect to the purchase of the Property, the operation of the Units as rental housing, and Grantee shall include similar requirements in any contracts entered into for the operation of the Units. Section 6.3 Amendments. No alteration or variation of the terms of this Agreement is valid unless made in writing by the Parties. Section 6.4 Indemnification. The Grantee shall indemnify, defend and hold the County 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) that arise out of or in connection with this Agreement, including but not limited to the purchase of the Property, and operation of the Units as rental housing, except to the extent such claim arises from the grossly negligent or willful 17 863\01\2711622.2 misconduct of the County, its agents, and its employees. The provisions of this Section shall survive the expiration of the Term and the reconve yance of the Deed of Trust. Section 6.5 Non-Liability of County Officials, Employees and Agents . No member, official, employee or agent of the County is personally liable to Grantee in the event of any default or breach by the County under the terms of this Agreement . Section 6.6 No Third-Party Beneficiaries. There shall be no third-party beneficiaries to this Agreement. Section 6.7 Notices, Demands and Communications. Formal notices, demands, and communications between the Parties shall be sufficiently given if and shall not be deemed given unless dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered by express delivery service, return receipt requested, or delivered personally, to the principal office of the Parties as follows: County: County of Contra Costa Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attention: Affordable Housing Program Manager Grantee: Housing Consortium of the East Bay 410 7th Street, Suite 203 Oakland, CA 94607 Attn: Executive Director Notices, demands and communications may be sent in the same manner to any other address 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 receip t as the date of delivery or refusal of delivery (or attempted delivery if undeliverable). Section 6.8 Applicable Law. This Agreement is governed by the laws of the State of California. Section 6.9 Parties Bound. Except as otherwise limited herein, the provisions of this Agree ment bind and inure 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 bind s Grantee and its successors and assigns in the Property for the entire Term, and the benefit hereof inures to the benefit of the County and its successors and assigns. 18 863\01\2711622.2 Section 6.10 Attorneys’ Fees. If any lawsuit is commenced to enforce any of the terms of this Agreement, the prevailing Party has the right to recover its reasonable attorneys’ fees and costs of suit from the other Party. Section 6.11 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 6.12 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 act on any breach or default of Grantee or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Grantee 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 Grantee may not be construed to be a consent to any other or subsequent act or omission or to waive the requirement for the County’s written consent to future waivers. Section 6.13 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 6.14 Entire Understanding of the Parties. This Agreement, the Regulatory Agreement and the Deed of Trust constitute the entire understanding and agreement of the Parties with respect to the Grant. Section 6.15 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 Intentionally Left Blank 19 863\01\2711622.2 The Parties are signing this Agreement as of the first above written. COUN TY: COUNTY OF CONTRA COSTA, a political subdivision of the State of California By: _______________________________ Anna Roth Health Services Director APPROVED AS TO FORM: SHARON L. ANDERSON , County Counsel By: ________________________________ Kathleen M. Andrus, Deputy County Counsel GRANTEE: HOUSING CONSORTIUM OF THE EAST BAY, a California nonprofit public benefit corporation By: _______________________________ Name: _______________________________ Its: _______________________________ 863\01\2711622.2 A-1 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY ON VIRGINIA AVENUE The land is situated in the State of California, County of Contra Costa, and is described as follows: 863\01\2711622.2 B-1 EXHIBIT B LEGAL DESCRIPTION OF THE PROPERTY ON SOUTH 9TH STREET RECOMMENDATION(S): ACCEPT the November 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: 12/17/2019 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: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 69 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:December 17, 2019 Contra Costa County Subject:November 2019 Operations Update of the Employment and Human Services Department, Community Services Bureau ATTACHMENTS CSB Nov 2019 CAO Report CSB Nov 2019 HS Financial CSB Nov 2019 EHS Financial CSB Nov 2019 EHS CC Partnership Financial CSB Nov 2019 Credit Card Report CSB Nov 2019 LIHEAP CSB Nov 2019 Menu CSB Nov 2019 Head Start CLASS Review 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: November 2019 News /Accomplishments  Community Services Bureau (CSB) received official word from the Office of Head Start (OHS) that the Bureau exceeded all standards in the 2019 federal Classroom Assessment Scoring System (CLASS®) monitoring review, which was held the week of October 21. The week-long review consisted of federal reviewers visiting 40 random CSB, partner and delegate classrooms to observe staff in each of the domains; Emotional support, Classroom Organization and Instructional Support. The final aggregated scores shows that CSB surpassed the 2018 threshold issued by the Office of Head Start , and our own internal thresholds (see attached report 10_Office of Head Start CLASS Review Results ).  CSB staff continues to prepare for the 2019 Self -Assessment review scheduled on December 10-13. This year’s assessment will be facilitated as a mock interview to prepare the Bureau for the anticipated 2020 Focus Area Two (FA2) federal review . A group of four consultants will partner with content area staff, parents , Board of Supervisors (BOS), and/or BOS representatives to monitor a random sample of classrooms and conduct interviews using FA2 monitoring tools. The Bureau is confident that the comprehensive assessment will prepare staff for the actual FA2 review, which we anticipate will occur in early to mid-year 2020.  CSB Managers and Partner agency staff attended the 3rd Annual CLOUDS User Group Conference on November 13 – 14 in Sacramento. The annual ev ent was hosted by One Solution Technology, developers of CSB’s premier child and family data management system known as CLOUDS (Child Location Observation Utilization Data System). As both presenters and participants, CSB staff shared their expertise inclu ding the many ways CLOUDS supports them in their daily work , and helps with collecting and analyzing data in preparation for federal reviews.  CSB’s coaching model of Teachers Learning and Collaborating (TLC) began in November; one cohort for preschool, and one cohort for infant and toddler teachers. Groups will meet twice per month for coaching, self -reflection, and peer support until June 2020.  Several CSB centers received their Quality Matters ratings for the 2018-2019 program year. Each site was recognized for their high-quality with 4 and 5 star ratings!  CSB partnered with the Food Bank of Contra Costa and Solano Counties to celebrate Food Day with the children and families. The day was a huge success! Over 1500 pounds of fresh produce was donated and delivered to our centers for families.  CSB’s 2019 Annual Immunization Re port was submitted in advance of the November 2019 due date. All 785 children (2 to 5 years of age) from our 13 centers, who were enrolled at the time, were in compliance with current and update to date immunization records, as required. cc: Policy Council Chair Administration for Children and Families Program Specialist, Chris Pflaumer 2  The Head Start and Early Head Start Health and Nutrition Services Advisory Committee met on October 29, 2019 to review the current health needs of our community and learn about available community resources and programs to support the health needs our chil dren and families are facing. A total of 20 participants from the health community came together and shared program updates.  CSB’s Alternative Payment Program (CAPP) is receiving an additional augmentation of $452,756 from California Department of Educati on for Fiscal Year 2019-20. Funding will be used to assist additional families on the waitlist with the highest priority receive childcare services.  On November 13, 2019, Community Services Bureau held an Information Session for Request For Interest (RFI) 694. Eleven (11) community agencies were in attendance asking question on the new fiscal Requirements and budget templates. The Community Services Bureau with the help of the Economic Opportunity Council (EOC) will be awarding 400,000 in Community Services Block Grant (CSBG) dollars to community partners who assist our most vulnerable population. I. Status Updates: a. Caseloads, workload (all programs)  Head Start enrollment: 89.49%  Early Head Start enrollment: 100.32%  Early Head Start Child Care Partnership enrollment: 101.36%  Early Head Start Child Care P artnership # 2 enrollment: 102.11%  Head Start Average Daily Attendance: 84.75 %  Early Head Start Average Daily Attendance: 83.14%  Early Head Start Child Care Partnership (CCP) Attendance: - CCP 1: 93.12% - CCP 2: 81.31%  Stage 2: 492 families and 763 children  CAPP: 119 families and 225 children - In total: 611 families and 988 children - Incoming transfers from Stage 1: 23 families and 32 children  LIHEAP: 299 households have been assisted  Weatherization: 10 households have been assisted b. Staffing:  CSB is looking to fill vacancies for an Accountant II, Site Supervisor II, Site Supervisor III, Administrative Analyst II, Associate Teachers and three Intermediate Clerks to meet the bureau’s needs. Additionally, CSB is seeking to create a new Administrative Services Assistant (ASA III) position. cc: Policy Council Chair Administration for Children and Families Program Specialist, Chris Pflaumer 3 II. Emerging Issues and Hot Topics:  There are no update s to report at this time. *Please note that the CACP Child Nutrition Report for September is not attached. Instead it will be submitted with December’s CAO Submission. OCTOBER Total Remaining 83% DESCRIPTION YTD Actual Budget Budget %YTD a. PERSONNEL 3,569,351$ 4,450,813$ 881,462$ 80% b. FRINGE BENEFITS 2,282,428 2,769,062 486,634 82% d. EQUIPMENT - 24,000 24,000 0% e. SUPPLIES 243,135 235,500 (7,635) 103% f. CONTRACTUAL 2,110,785 2,843,120 732,335 74% g. CONSTRUCTION - - - 0% h. OTHER 3,074,217 5,688,329 2,614,112 54% I. TOTAL DIRECT CHARGES 11,279,916$ 16,010,824$ 4,730,908$ 70% j. INDIRECT COSTS 900,853 903,555 2,702 100% k. TOTAL-ALL BUDGET CATEGORIES 12,180,769$ 16,914,379$ 4,733,610$ 72% In-Kind (Non-Federal Share)3,507,129$ 4,228,595$ 721,466$ 83% CONTRA COSTA COUNTY - COMMUNITY SERVICES BUREAU HEAD START PROGRAM BUDGET PERIOD JANUARY - DECEMBER 2019 AS OF OCTOBER 2019 1 2 3 4 5 6 Actual Total YTD Total Remaining 83% Oct-19 Actual Budget Budget % YTD a. Salaries & Wages (Object Class 6a) Permanent 1011 338,095 3,294,059 4,010,723 716,664 82% Temporary 1013 24,318 275,292 440,090 164,798 63% a. PERSONNEL (Object class 6a)362,413 3,569,351 4,450,813 881,462 80% b. FRINGE (Object Class 6b)220,356 2,282,428 2,769,062 486,634 82% d. EQUIPMENT (Object Class 6d)- - 24,000 24,000 - e. SUPPLIES (Object Class 6e) 1. Office Supplies 2,748 51,743 65,000 13,257 80% 2. Child and Family Services Supplies (Includesclassroom Supplies)15,117 72,233 80,000 7,767 90% 4. Other Supplies Health and Safety Supplies - - 1,000 1,000 0% Computer Supplies, Software Upgrades, Computer Replacement 58,305 102,409 60,000 (42,409) 171% Health/Safety Supplies - 3,807 7,000 3,193 54% Mental helath/Diasabilities Supplies - - 1,000 1,000 Miscellaneous Supplies 320 11,818 12,000 182 98% Emergency Supplies - 198 1,000 802 20% Employee Morale - 928 2,500 1,572 37% Household Supplies - - 6,000 6,000 0% TOTAL SUPPLIES (6e)76,490 243,135 235,500 (7,635) 103% f. CONTRACTUAL (Object Class 6f) 1. Adm Svcs (e.g., Legal, Accounting, Temporary Contracts)23,726 125,913 95,000 (30,913) 133% Estimated Medical Revenue from Medi-Cal (Org 1432 - credit)(165,004) (226,139) (630,000) (403,861) 36% Health Consultant 1,280 32,580 55,000 22,420 59% 5. Training & Technical Assistance - PA11 Interaction - - 5,000 5,000 0% Diane Godard ($50,000/2)- 9,125 9,000 (125) 101% Josephine Lee ($35,000/2)- 1,612 5,000 3,388 32% Susan Cooke ($60,000/2)225 6,225 10,000 3,775 62% 7. Delegate Agency Costs First Baptist Church Head Start PA22 624,109 1,649,419 2,194,788 545,369 75% 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 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)484,336 2,110,785 2,843,120 732,335 74% h. OTHER (Object Class 6h) 2. Bldg Occupancy Costs/Rents & Leases 42,728 392,021 496,000 103,979 79% (Rents & Leases/Other Income)- - - - 4. Utilities, Telephone 12,080 93,191 164,000 70,809 57% 5. Building and Child Liability Insurance - 1,733 3,000 1,267 58% 6. Bldg. Maintenance/Repair and Other Occupancy 19,138 361,619 467,000 105,381 77% 8. Local Travel (55.5 cents per mile effective 1/1/2012)2,133 29,687 62,000 32,313 48% 9. Nutrition Services Child Nutrition Costs 37,843 241,670 322,000 80,330 75% (CCFP & USDA Reimbursements)- (140,654) (85,000) 55,654 165% 13. Parent Services Parent Conference Registration - PA11 - 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 87 825 7,600 6,775 11% Policy Council Activities - 2,043 2,000 (43) 102% Male Involvement Activities - - 500 500 0% Parent Activities (Sites, PC, BOS luncheon) & Appreciation 179 1,163 7,000 5,837 17% Child Care/Mileage Reimbursement 1,018 4,918 7,500 2,582 66% 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.)- 41,808 41,959 151 100% Staff Trainings/Dev. Conf. Registrations/Memberships - PA11 5,927 93,041 99,785 6,744 93%17. Other Site Security Guards - 17,594 47,000 29,406 37% Dental/Medical Services - - 2,000 2,000 0% Vehicle Operating/Maintenance & Repair 8,206 97,555 145,000 47,445 67% Equipment Maintenance Repair & Rental 8,034 146,344 205,000 58,656 71% Dept. of Health and Human Services-data Base (CORD)833 7,508 9,500 1,992 79% Field Trips - - 30,000 30,000 0% Other Operating Expenses (Facs Admin/Other admin)144,780 218,010 243,205 25,195 90% Other Departmental Expenses 761,645 1,450,453 3,377,280 1,926,827 43% h. OTHER (6h)1,044,630 3,074,217 5,688,329 2,614,112 54% I. TOTAL DIRECT CHARGES (6a-6h)2,188,225 11,279,916 16,010,824 4,730,908 70% j. INDIRECT COSTS 187,592 900,853 903,555 2,702 100% k. TOTALS (ALL BUDGET CATEGORIES)2,375,818 12,180,769 16,914,379 4,733,610 72% Non-Federal Share (In-kind)593,954 3,507,129 4,228,595 721,466 83% CONTRA COSTA COUNTY - COMMUNITY SERVICES BUREAU HEAD START PROGRAM BUDGET PERIOD JANUARY - DECEMBER 2019 AS OF OCTOBER 2019 September Total Remaining 75% DESCRIPTION YTD Actual Budget Budget % YTD a. PERSONNEL 205,041$ 294,506$ 89,465$ 70% b. FRINGE BENEFITS 126,161 146,451 20,290 86% d. EQUIPMENT - - - 0% e. SUPPLIES 11,940 17,300 5,360 69% f. CONTRACTUAL 588,996 2,049,140 1,460,144 29% g. CONSTRUCTION - - - 0% h. OTHER 617,759 1,133,075 515,316 55% I. TOTAL DIRECT CHARGES 1,549,896$ 3,640,472$ 2,090,576$ 43% j. INDIRECT COSTS 57,916 50,672 (7,244) 114% k. TOTAL-ALL BUDGET CATEGORIES 1,607,812$ 3,691,144$ 2,083,332$ 44% In-Kind (Non-Federal Share)724,661$ 922,786$ 198,125$ 79% CONTRA COSTA COUNTY - COMMUNITY SERVICES BUREAU EARLY HEAD START PROGRAM BUDGET PERIOD JANUARY - DECEMBER 2019 AS OF OCTOBER 2019 1 2 3 4 5 Jan-19 Apr-19 Jul-19 Oct-19 thru thru thru thru Mar-19 Jun-19 Sep-19 Dec-19 Expenditures a. Salaries & Wages (Object Class 6a) Permanent 1011 49,188 56,124 60,692 23,901 Temporary 1013 9,217 5,026 731 162 a. PERSONNEL (Object class 6a)58,404 61,150 61,423 24,063 b. FRINGE (Object Class 6b)36,022 43,520 33,340 13,279 d. EQUIPMENT (Object Class 6d)- - - - e. SUPPLIES (Object Class 6e) 1. Office Supplies 815 441 67 291 2. Child and Family Serv. Supplies/classroom Supplies - 8,471 407 - 4. Other Supplies - - (212) - Computer Supplies, Software Upgrades, Comp Replacemnt- - - - Health/Safety Supplies - - - - Miscellaneous Supplies 14 1,526 40 - Employee Morale - - - - Household Supplies - 80 - - e. SUPPLIES (Object Class 6e)828 10,518 302 291 f. CONTRACTUAL (Object Class 6f)- 2. Health/Disabilities Services - - - - Health Consultant 3,000 (4,500) 4,000 - Other Health/Dental Services Costs - - - - 5. Training & Technical Assistance - PA11 - - - - Interaction - - - - Diane Godard - - - - Josephine Lee ($35,000/2)2,886 - - - Susan Cooke ($60,000/2)- - 1,500 225 8. Other Contracts - - FB-Fairgrounds Partnership 20,000 51,000 - - FB-E. Leland/Mercy Housing Partnership 16,000 39,000 - - Apiranet - 413,000 - - Apiranet HVI - (159,882) - - Cameron School - - - 24,240 Crossroads 28,000 54,000 - 23,735 Martinez ECC 23,000 49,792 - - f. CONTRACTUAL (Object Class 6f)92,886 442,410 5,500 48,200 h. OTHER (Object Class 6h) 2. Bldg Occupancy Costs/Rents & Leases 140 389 - - (Rents & Leases/Other Income)- - - - 4. Utilities, Telephone 393 897 - - 5. Building and Child Liability Insurance - - - - 6. Bldg. Maintenance/Repair and Other Occupancy 342 27,764 (27,669) - 8. Local Travel (55.5 cents per mile)624 1,549 122 213 9. Nutrition Services - - - - Child Nutrition Costs - - - - 13. Parent Services - - - - Parent Conference Registration - PA11 - - - - PC Orientation, Trainings, Materials & Translation - PA11- 1,161 - - Policy Council Activities - - - - Parent Activities (Sites, PC, BOS luncheon) & Appreciation1,173 25 - 119 Child Care/Mileage Reimbursement - 594 96 - 14. Accounting & Legal Services - - - - Auditor Controllers - - - - Data Processing/Other Services & Supplies 817 1,226 - - 15. Publications/Advertising/Printing - - - - Recruitment Advertising (Newspaper, Brochures)- - - - 16. Training or Staff Development - - - - Agency Memberships (WIPFLI, Meeting Fees, NHSA, NAEYC)26 - - - Staff Trainings/Dev. Conf. Registrations/Memberships - PA118,826 348 - - 17. Other - - - - Site Security Guards - 1,453 - - Vehicle Operating/Maintenance & Repair 2,155 1,998 6,164 160 Equipment Maintenance Repair & Rental 1,722 150 - - Dept. of Health and Human Services-data Base (CORD)- - - - Other Operating Expenses (Facs Admin/Other admin)284 708 14,182 13,004 Other Departmental Expenses 343,158 18,114 82,708 112,621 h. OTHER (6h)359,661 56,377 75,603 126,118 I. TOTAL DIRECT CHARGES (6a-6h)547,801 613,974 176,169 211,951 j. INDIRECT COSTS 17,714 31,274 - 8,928 k. TOTALS - ALL BUDGET CATEGORIES 565,516 645,248 176,169 220,880 CONTRA COSTA COUNTY - COMMUNITY SERVICES BUREAU EARLY HEAD START PROGRAM BUDGET PERIOD JANUARY - DECEMBER 2019 AS OF OCTOBER 2019 1 2 3 4 5 Jan-19 Apr-19 Jul-19 Oct-19 thru thru thru thru Mar-19 Jun-19 Sep-19 Dec-19 CONTRA COSTA COUNTY - COMMUNITY SERVICES BUREAU EARLY HEAD START PROGRAM BUDGET PERIOD JANUARY - DECEMBER 2019 AS OF OCTOBER 2019 Non-Federal Match (In-Kind)141,379 154,599 44,235 384,448 2 3 4 3 4 5 6 2 Actual Actual Actual Actual Actual Actual Actual Actual Actual Jan 19 to Jan-19 Feb-19 Mar-19 Apr-19 May-19 Jun-19 Jun-19 Jun-19 Jun-19 Jun-19 14,459 18,876 15,853 18,418 17,455 19,324 928 - - 105,312 3,579 3,487 2,151 1,854 1,658 1,513 - - - 14,243 18,038 22,363 18,004 20,272 19,113 20,837 928 - - 119,555 9,330 13,708 12,984 13,269 13,485 14,101 2,664 - - 79,541 - - - - - - - - - - 56 97 661 113 122 193 13 - - 1,256 - - - - - 6,970 1,501 - - 8,471 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 14 - 231 19 1,276 - - - 1,540 - - - - - - - - - - - - - - - 12 68 - - 80 56 111 661 344 141 8,451 1,582 - - 11,346 - - - - - - - - - - 960 - 2,040 1,920 1,920 (6,360) (1,980) - - (1,500) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1,590 1,296 - - - - - - 2,886 - - - - - - - - - - - 13,000 7,000 19,000 - 26,000 6,000 - - 71,000 - 8,000 8,000 8,000 - 16,000 15,000 - - 55,000 - - - - - 354,000 59,000 - - 413,000 - - - - - - (159,882) - - (159,882) - - - - - - - - - - - 14,000 14,000 28,000 - 26,000 - - - 82,000 - 11,500 11,500 11,500 20,500 6,292 11,500 - - 72,792 960 48,090 43,836 68,420 22,420 421,932 (70,362) - - 535,296 - 91 49 73 (298) 451 163 - - 529 - - - - - - - - - - - 24 370 210 185 291 210 - - 1,290 - - - - - - - - - - - 147 196 - - 21 27,743 - - 28,106 - 248 377 520 303 510 216 - - 2,174 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1,157 4 - - - - 1,161 - - - - - - - - - - 1,173 - - - - 25 - - - 1,198 - - - 196 - 197 202 - - 594 - - - - - - - - - - - 409 409 409 409 - 409 - - 2,043 - - - - - - - - - - - 26 - - - - - - - 26 495 3,854 4,477 - - 315 33 - - 9,174 - - - 1,453 - - - - - 1,453 - 651 1,504 1,233 (1,787) 2,552 - - - 4,153 - 1,471 251 - 40 110 - - - 1,872 - - - - - - - - - - - 141 143 177 161 188 182 - - 992 - 180,636 162,522 179,048 - (341,570) 180,636 - - 361,272 1,668 187,697 170,296 184,476 (983) (336,910) 209,793 - - 416,037 30,053 271,968 245,781 286,782 54,176 128,411 144,606 - - 1,161,776 - 7,441 10,273 7,593 8,259 5,857 9,564 - - 48,988 30,053 279,409 256,054 294,375 62,435 134,268 154,169 - - 1,210,764 CONTRA COSTA COUNTY - COMMUNITY SERVICES BUREAU EARLY HEAD START PROGRAM BUDGET PERIOD JANUARY - DECEMBER 2019 AS OF OCTOBER 2019 2 3 4 3 4 5 6 2 Actual Actual Actual Actual Actual Actual Actual Actual Actual Jan 19 to Jan-19 Feb-19 Mar-19 Apr-19 May-19 Jun-19 Jun-19 Jun-19 Jun-19 Jun-19 CONTRA COSTA COUNTY - COMMUNITY SERVICES BUREAU EARLY HEAD START PROGRAM BUDGET PERIOD JANUARY - DECEMBER 2019 AS OF OCTOBER 2019 7,513 69,852 64,013 73,594 15,609 26,854 38,542 - - 295,978 2 2 2 2 3 4 2 6 Actual Actual Actual Jan 18 to Actual Actual Actual Actual Actual Actual Jul-19 Aug-19 Oct-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 15,720 14,101 30,871 166,004 23,901 - - - - - 419 309 3 14,974 162 - - - - - 16,139 14,410 30,874 180,978 24,063 - - - - - 9,087 8,225 16,028 112,881 13,279 - - - - - - - - - - - - - - - - - - 67 1,323 291 - - - - - - 195 212 8,878 - - - - - - - (212) - (212) - - - - - - - - - - - - - - - - - - - - - - - - - - - - 40 1,580 - - - - - - - - - - - - - - - - - - - 80 - - - - - - - (17) 319 11,649 291 - - - - - - - - - - - - - - - - 1,440 640 1,920 2,500 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2,886 - - - - - - - - 1,500 1,500 225 - - - - - - - - - 71,000 - - - - - - - - - 55,000 - - - - - - - - - 413,000 - - - - - - - - - (159,882) - - - - - - - - - - 24,240 - - - - - - - - 82,000 23,735 - - - - - - - - 72,792 - - - - - - 1,440 640 3,420 540,796 48,200 - - - - - - - - - 529 - - - - - - - - - - - - - - - - - - - 1,290 - - - - - - - - - - - - - - - - (27,669) - - 437 - - - - - - 75 9 39 2,296 213 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1,161 - - - - - - - - - - - - - - - - - - - 1,198 119 - - - - - - 96 - 690 - - - - - - - - - - - - - - - - - - - - 2,043 - - - - - - - - - - - - - - - - - - - - - 26 - - - - - - - - - 9,174 - - - - - - - - - - 1,453 - - - - - - 155 5,570 439 10,317 160 - - - - - - - - 1,872 - - - - - - - - - - - - - - - - - - 14,182 15,174 13,004 - - - - - - 82,708 - 443,980 112,621 - - - - - (27,439) 88,382 14,660 491,640 126,118 - - - - - (773) 111,641 65,301 1,337,944 211,951 - - - - - - - - 48,988 8,928 - - - - - (773) 111,641 65,301 1,386,932 220,880 - - - - - CONTRA COSTA COUNTY - COMMUNITY SERVICES BUREAU EARLY HEAD START PROGRAM BUDGET PERIOD JANUARY - DECEMBER 2019 AS OF OCTOBER 2019 2 2 2 2 3 4 2 6 Actual Actual Actual Jan 18 to Actual Actual Actual Actual Actual Actual Jul-19 Aug-19 Oct-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 CONTRA COSTA COUNTY - COMMUNITY SERVICES BUREAU EARLY HEAD START PROGRAM BUDGET PERIOD JANUARY - DECEMBER 2019 AS OF OCTOBER 2019 - 27,910 16,325 340,213 55,220 - - - - - 3 4 5 6 Total YTD Total Remaining 75% Actual Budget Budget % YTD 189,905 233,399 43,494 81% 15,136 61,107 45,971 25% 205,041 294,506 89,465 70% 126,161 146,451 20,290 86% - - - 1,614 2,500 886 65% 8,878 7,000 (1,878) 127% (212) 212 - 3,500 3,500 0% - 700 700 0% 1,580 2,100 520 75% - 1,000 1,000 0% 80 500 420 16% 11,940 17,300 5,360 69% - - 2,500 7,800 5,300 32% - - - - - 5,500 5,500 0% - 7,500 7,500 0% 2,886 5,000 2,114 58% 1,725 6,500 4,775 27% 71,000 115,140 44,140 62% 55,000 181,800 126,800 30% 413,000 1,012,040 599,040 41% (159,882) 200,000 359,882 -80% 24,240 96,960 72,720 25% 105,735 155,540 49,805 68% 72,792 96,960 24,168 75% 588,996 2,049,140 1,460,144 29% 529 1,800 1,271 29% - - - 1,290 2,700 1,410 48% - - - 437 2,300 1,863 19% 2,510 4,100 1,590 61% - - - - 300 300 0% - 4,000 4,000 0% 1,161 4,000 2,839 29% - 100 100 0% 1,318 1,900 582 69% 690 100 (590) 690% - 500 500 0% 2,043 3,000 957 68% - 100 100 26 2,200 2,174 1% 9,174 48,244 39,070 19% 1,453 2,000 547 10,477 14,000 3,523 75% 1,872 5,000 3,128 37% - 1,000 1,000 28,178 60,000 31,822 47% 556,601 975,731 419,130 617,759 1,133,075 515,316 55% 1,549,896 3,640,472 2,090,576 43% 57,916 50,672 (7,244) 114% 1,607,812 3,691,144 2,083,332 44% CONTRA COSTA COUNTY - COMMUNITY SERVICES BUREAU EARLY HEAD START PROGRAM BUDGET PERIOD JANUARY - DECEMBER 2019 AS OF OCTOBER 2019 3 4 5 6 Total YTD Total Remaining 75% Actual Budget Budget % YTD CONTRA COSTA COUNTY - COMMUNITY SERVICES BUREAU EARLY HEAD START PROGRAM BUDGET PERIOD JANUARY - DECEMBER 2019 AS OF OCTOBER 2019 724,661 922,786 198,125 79% DESCRIPTION OCTOBER Total Remaining 8% YTD Actual Budget Budget % YTD a. PERSONNEL 72,146$ 305,109$ 232,963$ 24% b. FRINGE BENEFITS 46,058 212,143 166,085 22% c. TRAVEL - 7,000 7,000 0% d. EQUIPMENT - - - 0% e. SUPPLIES 1,464 24,100 22,636 6% f. CONTRACTUAL 49,249 460,020 410,771 11% g. CONSTRUCTION - - - 0% h. OTHER 20,648 65,984 45,336 31% I. TOTAL DIRECT CHARGES 189,564$ 1,074,356$ 884,792$ 18% j. INDIRECT COSTS 13,157 64,073 50,916 21% k. TOTAL-ALL BUDGET CATEGORIES 202,720$ 1,138,429$ 935,709$ 18% In-Kind (Non-Federal Share)50,680$ 289,444$ 238,764$ 18% CONTRA COSTA COUNTY-COMMUNITY SERVICES BUREAU EARLY HEAD START- CC PARTNERSHIP #1 BUDGET PERIOD JULY 2019 - JUNE 2020 AS OF OCTOBER 2019 1 2 3 4 5 6 Actual Total YTD Total Remaining 8% Oct-19 Actual Budget Budget YTD Expenditures a. Salaries & Wages (Object Class 6a) Permanent 1011 8,682 72,146 291,762 219,616 25% Temporary 1013 - - 13,347 13,347 TOTAL PERSONNEL (6a)8,682 72,146 305,109 232,963 24% b. FRINGE BENEFITS (Object Class 6b) Fringe Benefits 5,826 46,058 212,143 166,085 22% TOTAL FRINGE (6b)5,826 46,058 212,143 166,085 22% 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 79 160 2,100 1,940 8% 2. Child and Family Services Supplies (Incl.classroom Supplies)783 1,304 15,000 13,696 9% 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)862 1,464 24,100 22,636 6% 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 $505 x 12 months)48,480 48,480 315,120 266,640 15% Loss of Subsidy - - 10,000 10,000 0% Children and Family Supplies (Diapers, wipes, etc)769 769 12,000 11,231 6% First Baptist (20 slots x $505 x 12 months)- - 121,200 121,200 0% TOTAL CONTRACTUAL (6f)49,249 49,249 460,020 410,771 11% h. OTHER (Object Class 6h) 1. Bldg Occupancy Costs/Rents & Leases 3,912 8,905 15,500 6,595 57% 2. Utilities, Telephone 492 1,260 5,000 3,740 25% 3. Bldg. Maintenance/Repair and Other Occupancy - - 1,400 1,400 0% 4. Local Travel (58 cents per mile effective 1/1/2019)- - 1,200 1,200 0% 5. Parent Services Parent Activities (Sites, PC, BOS luncheon, including food and venue)- - 500 500 0% 6. Accounting & Legal Services Auditor Controllers - - 200 200 0% Data Processing/Other Services & Supplies - - - - 7. Training or Staff Development Staff Trainings/Dev. Conf. Registrations/Memberships - PA11 - - 18,907 18,907 0% 8. Other Equipment Maintenance Repair & Rental - - 800 800 0% Other Operating Expenses (CSD Admin/Facs Mgt. Alloc)8,349 10,482 22,477 11,995 47% TOTAL OTHER (6h)12,752 20,648 65,984 45,336 31% I. TOTAL DIRECT CHARGES (6a-6h)77,371 189,564 1,074,356 884,792 18% j. INDIRECT COSTS 13,157 13,157 64,073 50,916 21% k. TOTALS - ALL BUDGET CATEGORIES 90,527 202,720 1,138,429 935,709 18% Non-Federal Match (In-Kind)22,632 50,680 289,444 238,764 18% CONTRA COSTA COUNTY-COMMUNITY SERVICES BUREAU EARLY HEAD START- CC PARTNERSHIP #1 AS OF OCTOBER 2019 BUDGET PERIOD JULY 2019 - JUNE 2020 Fund Org Acct. code Stat. Date Card Account #Amount Program Purpose/Description 10/22/19 1401 2100 10/22/19 xxxx1907 429.20 Indirect Admin Costs Office Exp 429.20$ 1432 2102 10/22/19 xxxx1416 123.34 HS Basic Grant Books, Periodicals 123.34$ 1401 2131 10/22/19 xxxx1907 156.51 Indirect Admin Costs Minor Furniture/Equipment 1464 2131 10/22/19 xxxx1907 216.41 EHS-Child Care Partnership #2 Minor Furniture/Equipment 1417 2131 10/22/19 xxxx1907 297.82 Child Care Svs Program Minor Furniture/Equipment 1484 2131 10/22/19 xxxx0494 175.42 George Miller Concord CS Minor Furniture/Equipment 846.16$ 1482 2150 10/22/19 xxxx0494 139.99 Child Nutrition Food Services Food 139.99$ 1464 2300 10/22/19 xxxx3016 1,200.44 EHS-Child Care Partnership #2 Transportation & Travel 1,200.44$ 1464 2303 10/22/19 xxxx4959 4,535.55 EHS-Child Care Partnership #2 Other Travel Employees 1803 2303 10/22/19 xxxx1907 265.96 Child Development Admin Other Travel Employees 1464 2303 10/22/19 xxxx8777 4,535.55 EHS-Child Care Partnership #2 Other Travel Employees 9,337.06$ 1432 2467 10/22/19 xxxx1416 914.18 HS Basic Grant Training & Registration 1464 2467 10/22/19 xxxx1416 125.00 EHS-Child Care Partnership #2 Training & Registration 1432 2467 10/22/19 xxxx8777 169.11 HS Basic Grant Training & Registration 1,208.29$ 1432 2479 10/22/19 xxxx4959 (21.99) HS Basic Grant Other Special Dpmtal Exp 1464 2479 10/22/19 xxxx2364 3,351.10 EHS-Child Care Partnership #2 Other Special Dpmtal Exp 1401 2479 10/22/19 xxxx1899 668.00 Indirect Admin Costs Other Special Dpmtal Exp 3,997.11$ Total 17,281.59 EHSD - COMMUNITY SERVICES BUREAU SUMMARY CREDIT CARD EXPENDITURE OCTOBER 2019 CAO Monthly Report CSBG and Weatherization Programs Year-to-Date Expenditures and DOE Benchmark As of October 31, 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 $ 773,398 Total Contract 773,398$ Expenditures (674,827) Balance 98,572$ Expended 87% 3.2017 Department of Energy (DOE) Contract # 17C-4004 Term: June 1, 2018 - June 30, 2020 Amount: $ 476,486 Total Contract 402,486$ Expenditures (272,032) Balance 130,454$ Expended 68% Prepared: November 14, 2019 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 To: Board Chairperson Mr. John Gioia, Board Chairperson Contra Costa County 1470 Civic Ct Concord, CA 94520-5242 From: Responsible HHS Official Date: 10/31/2019 Dr. Deborah Bergeron Director, Office of Head Start Results from CLASS® Observations Thank you for your support during the recent Office of Head Start onsite CLASS® review conducted from 10/21/2019 to 10/26/2019 of your Head Start program. Grant 09CH010862. Observations were conducted in preschool center-based classrooms using the Pre-K Classroom Assessment Scoring System (CLASS® ). The CLASS® tool looks at three domains and ten dimensions of teacher-child interactions and measures those observed interactions on a seven point scale. Please share these results with the appropriate governing board, policy council, management, staff and stakeholders. DOMAIN Score DOMAIN Score DOMAIN Score Emotional Support 6.1000 Classroom Organization 6.0708 Instructional Support 3.5375 DIMENSIONS Positive Climate 6.06 Behavior Management 6.13 Concept Development 2.98 Negative Climate*1.06 Productivity 6.38 Quality of Feedback 3.59 Teacher Sensitivity 5.90 Instructional Learning Formats 5.71 Language Modeling 4.05 Regard for Student Perspectives 5.50 *Note: To calculate the Emotional Support domain, subtract the Negative Climate score from 8, add the Positive Climate, Teacher Sensitivity, and Regard for Student Perspective scores, then divide by 4. For more information on CLASS® domains and dimensions, please see the attached description and visit the Early Childhood Learning and Knowledge Center, National Center on Quality Teaching and Learning at http://eclkc.ohs.acf.hhs.gov/hslc/tta-system/teaching. If you have any questions, please contact your Regional Office. cc:Ms. Jan Len, Regional Program Manager Ms. Veronica Gutierrez, Policy Council Chairperson Ms. Kathy Gallagher, CEO/Executive Director Ms. Camilla Rand, Head Start Director About CLASS® The Improving Head Start for School Readiness Act of 2007 requires that the Office of Head Start (OHS) include in the monitoring reviews of Head Start agencies a valid and reliable research-based observational instrument that assesses classroom quality, including the assessment of multiple dimensions of teacher-child interactions that are linked to positive child outcomes and later achievement. CLASS® assesses interactions between children and teachers in three broad domains of classroom quality: Emotional Support, Classroom Organization, and Instructional Support. The Office of Head Start believes that the domains of quality measured by CLASS® remain central to its approach to child development and education and serve as important indicators of the future school readiness of all Head Start children. For all dimensions*, the scoring principles are as follows: Low range score 1-The low range description of the CLASS® dimension fits the classroom and/or teacher very well. All, or almost all, relevant indicators in the low range are present. 2-The low range description of the CLASS® dimension mostly fits the classroom and/or teacher, but there are one or two indicators that are in the middle range. Middle range score 3-The middle range description of the CLASS® dimension mostly fits the classroom and/or teacher, but there are one or two indicators in the low range. 4-The middle range description of the CLASS® dimension fits the classroom and/or teacher very well. All, or almost all, relevant indicators in the middle range are present. 5-The middle range description of the CLASS® dimension mostly fits the classroom and/or teacher, but there are one or two indicators in the high range. High range score 6-The high range description of the CLASS® dimension mostly fits the classroom and/or teacher, but there are one or two indicators in the low range. 7-The high range description of the CLASS® dimension fits the classroom and/or teacher very well. All, or almost all, relevant indicators in the high range are present. *Note: The Negative Climate dimension is inversely scored with a higher score indicating lower quality. For all other dimensions and domains, a higher score indicates higher quality. The scores from each class observation are averaged across the grantee to result in grantee-level dimension scores. The grantee dimension scores are then used to calculate the grantee-level domain scores. The scores from CLASS® observations can be used for a variety of purposes, including professional development, program improvement, policy, goal-setting and monitoring. The Office of Head Start began using the CLASS® for monitoring purposes in FY2010 to collect information on the experiences of children at each grantee. In FY2012, OHS refined the use of the CLASS® in monitoring to include the use of a randomly selected sample of center-based preschool classes for observations, a clearly articulated methodology followed by CLASS® reviewers, and additional support for the CLASS® reviewer pool. For each preschool class selected in the sample, trained and certified CLASS® reviewers conduct two 20 minute observations and score at the dimension level using a 7-point scale at the end of each observation cycle. Contra Costa County - 09CH010862 Page 2 of 2 Classroom Assessment Scoring System (CLASS®) CSB and Federal Threshold Comparison CLASS Score Comparison Domain 2019 CSB Score CSB Threshold 2018 Federal Threshold Emotional Support 6.1000 6 6.08 Classroom Organization 6.0708 6 5.80 Instructional Support 3.5375 3 2.96 RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute an Exclusive Negotiating Rights Agreement with Eden Housing, Inc., a California nonprofit public benefit corporation (Eden), and Community Housing Development Corporation-North Richmond, a California nonprofit public benefit corporation (CHDC), for the revitalization and reuse of the former West County Health Center as a 99-unit affordable housing development at 100 38th Street, Richmond. (APN 517-340-004) FISCAL IMPACT: No impact to the General Fund. Disposition of the subject property would relieve the County of ongoing maintenance expenses of a building that no longer houses County functions. BACKGROUND: The County is the owner of an approximate 2.9 acre property located at 100 38th Street, Richmond. The site is the former West County Health Center (APN 517-340-004), which has been relocated to San Pablo. Following a Request for Qualifications process, a committee consisting of the Chief Assistant County Administrator-Capital Projects, the County Director of Health, Housing, and Homeless Services, and the Principal Real Property Agent recommended that a partnership APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Karen Laws, 925. 957-2456 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 70 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:December 17, 2019 Contra Costa County Subject:Exclusive Negotiating Rights Agreement – Revitalization of Former West County Health Center, 100 38th Street, Richmond BACKGROUND: (CONT'D) of Eden Housing, Inc., and Community Housing Development Corporation-North Richmond (collectively the “Developers”) be selected to carry out the redevelopment of the property as an affordable housing development. The development would include a 45-unit supportive housing development via the reuse of the former West County Health Center facility, and a 54-unit new construction family housing component. The purpose of the proposed Exclusive Negotiating Rights Agreement, attached, is two-fold: First, it is intended to enable the parties to assess the feasibility of the development; and second, if the development is determined to be feasible, it is intended to enable the parties to negotiate the terms of a Purchase and Sale Agreement. Under the Agreement the property could be conveyed to the Developers for development of the site. CONSEQUENCE OF NEGATIVE ACTION: Revitalization and reuse of the subject property as an affordable housing development would be delayed. RECOMMENDATION(S): APPROVE the list of providers recommended by Contra Costa Health Plan's Peer Review and Credentialing Committee on November 12, 2019, and by the Health Services Director, as required by the State Departments of Health Care Services and Managed Health Care, and the Centers for Medicare and Medicaid Services. FISCAL IMPACT: There is no fiscal impact for this action. BACKGROUND: The National Committee on Quality Assurance (NCQA) requires that evidence of Board of Supervisors approval must be contained within each Contra Costa Health Plan (CCHP) provider’s credentials file. Approval of this list of providers as recommended by the CCHP Peer Review and Credentialing Committee will enable the CCHP to comply with this requirement. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, CCHP’s Providers would not be appropriately credentialed and not be in compliance with the NCQA. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Sharron Mackey, 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Heather Wong, Marcy Wilhelm C. 71 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 17, 2019 Contra Costa County Subject:Approve New and Recredentialing Providers and New and Recredentialing Organizational Providers in Contra Costa Health Plan’s Community Provider Networ ATTACHMENTS November 2019 CCHP Credentialing, Recredentialing Contra Costa Health Plan Providers Approved by Peer Review and Credentialing Committee November 1 2 , 2019 CREDENTIALING PROVIDER S NOVEMBER 2019 Name Specialty Ballard, Phoebe, BCBA Qualified Autism Provider Brijitzka, Kristina, BA Qualified Autism Pro vider Coleman, Tesiah, NP Primary Care Internal Medicine Ericksen, Tara, NP OB/GYN Iniguez, Jorge, MS Qualified Autism Provider Lewallen, Shevaun, NP Primary Care Family Medicine Marcus -Gomez, Jessica, BS, RBT Qualified Autism Provider Mead, Paul, MD Surgery - Orthopaedic Neale, Rocio, PA Primary Care Family Medicine Protter, Maya, NP Primary Care Family Medicine Richardson, Megan, NP Primary Care Family Medicine Schaefer, Emily, BCBA Qualified Autism Provider Shyken, Stephanie, BCBA Qualified Au tism Provider Torres, Nicole, BS, RBT Qualified Autism Professional Van Hoff, Alison, BCBA Qualified Autism Provider Vanlathanith, Stephanie, BCBA Qualified Autism Provider Weaver-Gutierrez, Monique, RBT Qualified Autism Paraprofessional Wu, Elain e, OD Optometry CREDENTIALING ORGANIZATIONAL PROVIDER S NOVEMBER 2019 Provider Name Provide the Following Services Location DaVita - Lone Tree Ranch Dialysis Dialysis Center Anticoh Mobility Express Medical Transportation Non -Emergency Medical Transportation San Leandro United Med Transportation, Inc. Non -Emergency Medical Transportation Antioch Noble Hospice Care Hospice & Palliative Care Fremont Contra Costa Health Plan Providers Approved by Peer Review and Credentialing Committee November 12, 2019 Page 2 of 3 RECREDENTIALING PROVIDER S NOVEMBER 2019 Name Specialty Baril, Mario, OT Occupational Therapy Bell, Jaromy, DC Chiropractic Medicine Bozorgmehr, Jafar, M D Psychiatry Britt, Denise, DC Chiropractic Medicine Chang, Soter-Ming, MD Primary Care Pediatrician Cheng, Jennifer, DO Infectious Diseas e Curbelo, Gustavo, MD Primary Care Family Medicine Etwaru, Gupta, MD Ophthalmology Fahlsing, Michelle, NP Mid -Level Family Planning Hernandez, Adriana, DPT Physical Therapy Hsieh, Park L., OD Optometry Koernke, Jessica, BCBA Qualified Autism Provider Lockwood, Lauren, CNM Midwife Massullo, Vincent, MD Radiation Oncology Merken, Leslie, PT Physical Therapy Neuberger, Stefanie, BCBA Qualified Autism Provider Otani, Jill, OT Occupational Therapy Pantaleon, Julie Ann, BCBA Qualified Autism Provider Patin, Kelli, RD Dietitian Piatt, Bradford, MD Diagnostic Radiology Richardson, Joyce, PT Physical Therapy Rostai, Aklil, PA Mid-Level Urgent Care Said, Bassem, MD Otolaryngology Thornburg, Jay -Paul, DPT Physical Therapy Todd, Angela, NP Mid -Level Family Planning Tracy, Ry an, MD Primary Care Pediatrician Vallamdas, Usha, MD Primary Care Pediatrician Wensley, Linda, OT Occupational Therapy White, Tracy, MD Primary Care Family Medicine Wood, Michael, PhD Mental Health Services Yang, Lucia, MD Primary Care Pediatrician Yoon, Jin, BCBA Qualified Autism Provider Zink, John, MD Surgery – General Contra Costa Health Plan Providers Approved by Peer Review and Credentialing Committee November 12, 2019 Page 3 of 3 RECREDEN TIALING ORGANIZATIONAL PROVIDER S NOVEMBER 2019 Provider Name Provide the Following Services Location Tom H. Piatt MD, Inc. dba: Inview Imaging Outpatient Diagnos tic Imaging Center/ Mammography Lafayette Vibra Hospital of Sacrament Long Term Acute Care Hospital Folsom Windsor Rosewood Care Center, LLC dba: Windsor Rosewood Care Center Skilled Nursing Facility Pleasant Hill California Eye Clinic Surgery Center A ntioch bopl-No vember 12, 2019 RECOMMENDATION(S): APPROVE and AUTHORIZE the County Treasurer to execute an Addendum to the Agreement for the Administrative Services between the County of Contra Costa and Public Agency Retirement Services (PARS) Related to the Public Agencies Post-Retirement Health Care Plan/Trust. FISCAL IMPACT: There is no cost associated with the services provided under the Addendum. BACKGROUND: Public Agency Retirement Services (PARS) recently launched its Employer Portal website for the PARS IRC Section 115 Trust. This new tool provides 24/7 read-only access to the County’s Other Post-Employment Benefits (OPEB) prefunding information, such as: latest monthly account balance, transaction history, downloadable prior statements, and Investment Performance. To access the Employer Portal website, PARS requires that County execute an addendum to the Agreement for the Administrative Services between the County and PARS related to the public agencies post-retirement health care plan/trust. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Robert Campbell, Auditor-Controller C. 72 To:Board of Supervisors From:Russell Watts, Treasurer-Tax Collector Date:December 17, 2019 Contra Costa County Subject:APPROVE ADDENDUM TO ADMINISTRATIVE SERVICES AGREEMENT WITH PARS BACKGROUND: (CONT'D) Upon execution of the addendum, PARS will provide designated County personnel with right to access and use the Employer Portal website, subject to certain terms and conditions including indemnification of PARS for matters related to the addendum and the County’s use of the website. As administrator of the Trust, the County Treasurer may add and remove access to the Employer Portal for designated County personnel as appropriate. Except as expressly set forth in the Addendum, the terms and conditions of the Agreement remain unchanged and in full effect. CONSEQUENCE OF NEGATIVE ACTION: The County will not be able to use PARS Employer Portal to access its OPEB Trust information. ATTACHMENTS Agency Personnel Designation Employer Portal_PrivacyPolicy Employers Portal_Termsof Service PARS Employer Portal Opt-In Addendum PARS Employer Portal Agency Personnel Designation Form Please email: trust@pars.org to add or remove designated Agency personnel I hereby represent that I, am the Plan Administrator for the PARS Public Agencies Post-Retirement Health Care Plan/Trust and have the authority to designate myself and the following Agency personnel on behalf of the Agency to have read-only online access to the PARS Employer Portal. I understand that whomever I designate to have access to the Employer Portal will have unlimited access to the information and data relating to the Agency’s Plan housed on the Employer Portal website available at https://employer.pars.org, including but not limited to, statements, performance sheets (if available), account balances, and transactions. I understand and agree that I, or my designee will be solely responsible for adding or removing access for designated Agency personnel as appropriate and PARS will be notified in writing of any such changes. I understand and agree that no third parties are allowed access to the Employer Portal. Agency Name: Plan Administrator Signature Date Plan Administrator First Name: Plan Administrator Last Name: Email Address: Employee First Name: Employee Last Name: Email Address: Employee First Name: Employee Last Name: Email Address: Employee First Name: Employee Last Name: Email Address: Employee First Name: Employee Last Name: Email Address: PARS Employer Portal Privacy Policy Effective Date: April 1, 2019 •Privacy Statement •Information Collected by PARS ○Information that you Knowingly and Willingly Provide ○Non-Personally Identifiable Information ○Information Collected by Cookies, Web Beacons, and other Technologies •PARS’ Do Not Track Policy •How Is Your Personally Identifiable Information Used? •Who Can Access the Information We Collect? •Selling of Personally Identifiable Information •Links to Third Party Services •Security, Storage, and Retention ○Security ○Storage ○Retention •International Users •Changes to this Privacy Policy •Information Correction, Removal, and Opting-Out ○Correction & Removal ○Opting Out ○Your California Rights •Privacy Inquiries A. Privacy Statement Your privacy is valued and respected at Public Agency Retirement Services (“we”, “our”, “us,” or “PARS”). This Privacy Policy (“Privacy Policy”) describes the types of information, including Personally Identifiable Information, that we gather from you when you use the https://employer.pars.org website (the “Employer Portal”), as well as your choices regarding use and disclosure of your (“you” or “your”) Personally Identifiable Information. By accessing or using our Employer Portal, you consent to the policies and practices described in this Privacy Policy, as modified from time to time by us in our sole discretion. As used in this Privacy Policy, the term "Personally Identifiable Information" means information that identifies you personally, alone or in combination with other information available to us. By accessing our Employer Portal, you agree to be bound by this Privacy Policy. If you do not agree to the terms of this Privacy Policy or our Terms of Service, do not use our Employer Portal. Each time you use our Employer Portal, the then-current version of the Privacy Policy will apply. Accordingly, whenever you use our Employer Portal, you should check the date of this Privacy Policy (which appears at the top) and review any changes since the last version. This Privacy Policy is applicable to all users of our Employer Portal. Further, you acknowledge that this Privacy Policy is part of our Terms of Service available at https://employer.pars.org, which is incorporated by reference, and by accessing or using our 2 Employer Portal, you agree to be bound by the Terms of Service (“Terms of Service”). If you do not agree to our Terms of Service, do not access or use our Employer Portal. If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us. B. Information Collected by PARS When you use our Employer Portal, PARS collects information (i) that you knowingly and voluntarily provide when you use our Employer Portal (such as through forms or profile screens) including registration/account setup information, and (ii) that we are able to collect from your web browser, cookies, and/or other similar technologies. 1. Information that you Knowingly and Willingly Provide PARS collects the information that you knowingly and voluntarily provide when you use our Employer Portal (such as through web forms or profile screens), including registration/account setup information, and profile details. We primarily use this information to help you access, and make use of, the Employer Portal. You can choose not to provide us with certain Personally Identifiable Information, but then you may not be able to take advantage of our Employer Portal or other available features we offer. The information that we collect and use may include the following kinds of Personally Identifiable Information: • First and Last Name • Email Address • Login name, screen name, nick name, handle or any other identifier that permits the physical or online contacting of a specific individual 2. Non-Personally Identifiable Information PARS collects information that is sent to us automatically by your web browser. PARS may use this information to generate aggregate statistics about visitors to our Employer Portal. This information typically includes details about your: • IP Address • Browser Type • Operating System • Local Time Zone • Date and Time of Each Visitor Request (e.g. web pages selected and time spent on each page) • Device Type (e.g. desktop, laptop, tablet, phone, etc.) PARS may use non-Personally Identifiable Information for various business purposes such as providing the Employer Portal, fraud prevention, market research, and improving our Employer Portal. The information we receive depends on the settings on your browser. Please check your browser if you want to learn what information your browser sends or how to change your settings. 3 Aggregate Information. We may aggregate and/or anonymize all information that we collect from you, including Personally Identifiable Information. This may be done for the purpose of market research on our services. 3. Information Collected by Cookies, Web Beacons and Other Technologies PARS may obtain information about you by installing "cookies" on your computer's hard drive. We use cookies to collect statistical information about the ways visitors use our Employer Portal including which pages they visit, which links they use, and how long they stay on each page. PARS also may use cookies to create a database of your previous choices and preferences, saving you time and effort. If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. If you limit or disable the use of cookies when you visit PARS, you may be unable to use the full functionality of our Employer Portal. C. PARS’ Do Not Track Policy PARS responds to a web browser’s “do not track” signals. D. How Is Your Personally Identifiable Information Used? We may use Personally Identifiable Information we collect about you on its own or combine it with other information we have about you to: • To create and manage user accounts and/or profiles through registration and account maintenance • Perform internal operations, such as tracking and improving the effectiveness of the Employer Portal • Provide support • Resolve disputes between users and/or a user and PARS, as set forth in our Terms of Service • Use the location of your mobile device to prevent fraud or deliver other location-based services that you may request • Conduct surveys and research • Receive feedback • Conduct audits • Provide information to our suppliers or business partners • Provide information to our representatives and/or advisors, such as our attorneys, accountants, and others to help us comply with legal, accounting, or security requirements • Comply with legal requirements, such as in response to a subpoena or similar investigative demand We may also disclose your Personally Identifiable Information as otherwise set forth in this Privacy Policy, as permitted by law, or with your consent. 4 E. Who Can Access the Information We Collect? PARS may disclose your Personally Identifiable Information in the following instances: Agents. We employ other companies and individuals to perform functions on our behalf. Examples of such functions include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing technical support, providing marketing assistance, providing search results and links (including paid listings and links), and providing customer service. We share our users’ Personally Identifiable Information with these agents as we deem necessary for such third parties to perform their functions. Employees. Only authorized employees have access to your Personally Identifiable Information. Affiliates. When you are asked for information while on our Employer Portal, you are sharing that information with PARS, and our various affiliates and sister companies, unless specifically stated otherwise. As a result of this sharing, you may receive communications from any of our affiliates. Authorized Business Partners. These include agents, contractors, vendors, licensors, resellers, system integrators, etc. We, our affiliates, and our business partners may share this Personally Identifiable Information with each other and use it consistent with this Privacy Policy. They may also combine it with other information to provide and improve our products, Employer Portal, content, and advertising. To Comply with Legal Process, Protect PARS, or Enforce our Rights. We may release your Personally Identifiable Information when it is necessary to (i) conform to legal requirements or comply with legal process; (ii) enforce or apply our conditions of use and other agreements (iii) protect the rights, safety or property of PARS, our affiliates, service providers, our users or the public, or (iv) prevent a crime or protect national security (including exchanging information with other companies and organizations for fraud protection and credit risk reduction). As Part of a Merger or Sale of Business. We may disclose your Personally Identifiable Information in connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy. F. Selling of Personal Identifiable Information We will not sell your Personally Identifiable Information to third parties for their use without your consent. G. Links to Third Party Services Our Employer Portal may contain links to third party websites, applications and services not operated by us. These links are provided as a service and do not imply any endorsement by PARS of the activities or content of these sites, applications or services nor any association with their operators. PARS is not responsible for the privacy policies or practices of any third party including 5 websites or services directly linked to our Employer Portal. We encourage you to review the privacy policies of any third party site that you link from our Employer Portal. H. Security, Storage, and Retention 1. Security We take reasonable technical and organizational precautions to protect the confidentiality, security and integrity of your Personally Identifiable Information. Although we use security measures to help protect your Personally Identifiable Information against loss, misuse or unauthorized disclosure, we cannot guarantee the security of information transmitted to us over the Internet. While we strive to use commercially acceptable means to protect your Personally Identifiable Information, there is no guarantee that information may not be accessed, disclosed, altered or destroyed. 2. Storage The Personally Identifiable Information that you provide to us is generally stored on servers located in the United States. If you are located in another jurisdiction, you should be aware that once your Personally Identifiable Information is submitted through our Employer Portal, it will be transferred to our servers in the United States and that the United States currently does not have uniform data protection laws in place. 3. Retention We will retain your information for as long as your account is active or as needed to provide you with our Employer Portal. If you wish to cancel your user account or request that we no longer use your information to provide you access to our Employer Portal, contact us at: trust@pars.org. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. I. International Users We are headquartered in the United States. Your Personally Identifiable Information may be accessed by us or transferred to us in the United States or to our affiliates, partners, merchants, or service providers who are located worldwide. If you are visiting our Employer Portal from outside the United States, be aware that your information may be transferred to, stored, and processed in the United States where our servers are located, and our central database is operated. By using our Employer Portal, you consent to any transfer of this information. We will protect the privacy and security of Personally Identifiable Information according to this privacy statement, regardless of where it is processed or stored, however you explicitly acknowledge and consent to the fact that Personally Identifiable Information stored or processed in the United States will be subject to the laws of the United States, including the ability of governments, courts or law enforcement or regulatory agencies of the United States to obtain disclosure of your Personal Information. 6 J. Changes to this Privacy Policy We reserve the right to update or modify this Privacy Policy from time to time. If we make any material changes to this Privacy Policy or the way we use, share or collect Personally Identifiable Information, we will notify you by revising the “Effective Date” at the top of this Privacy Policy, prominently posting an announcement of the changes on our Employer Portal, or sending an email to the email address you most recently provided us (unless we do not have such an email address) prior to the new policy taking effect. Users are bound by any changes to the Privacy Policy when he or she uses our Employer Portal after notice of such changes has been communicated. We encourage you to review this Privacy Policy regularly to ensure that you are familiar with PARS’ current practices. K. Information Correction, Removal, and Opting-Out 1. Correction & Removal If any of the information that we have about you is incorrect, or you wish to have your user account removed from our Employer Portal, please contact us to update or delete your user account at: trust@pars.org. We will respond to such inquiries within thirty (30) days. 2. Opting Out Additionally, if you prefer not to receive marketing messages from us, please let us know by clicking on the unsubscribe link within any marketing message that you receive, or by sending a message to us at: trust@pars.org. 3. Your California Rights FOR RESIDENTS OF CALIFORNIA ONLY. Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of your Personally Identifiable Information with third parties. If you reside in California and have provided your Personally Identifiable Information to PARS, you may request information about our disclosures of certain categories of Personally Identifiable Information to third parties for direct marketing purposes. Such requests must be submitted to us at one of the following addresses: trust@pars.org or: Public Agency Retirement Services Attn: California Privacy Rights 4350 Von Karman Avenue, Suite 100 Newport Beach, CA 92660 Within thirty (30) days of receiving such a request, we will provide a list of the categories of Personally Identifiable Information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of those third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the address specified in this Section. 7 L. Privacy Inquiries If you have any questions or concerns about this Privacy Policy or our privacy practices please contact us as follows: • By emailing the Privacy Department at: trust@pars.org. • By mail post to: Public Agency Retirement Services Attn: Privacy Department 4350 Von Karman Avenue, Suite 100 Newport Beach, CA 92660 © 2019 Public Agency Retirement Services - All Rights Reserved. PARS Employer Portal Terms of Service Effective Date: April 1, 2019 Public Agency Retirement Services is a provider of retirement services directed at public agencies. Public Agency Retirement Services operates the https://employer.pars.org website (the “Employer Portal”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE EMPLOYER PORTAL. 1.Acceptance of Terms THESE TERMS OF SERVICE, AS AMENDED FROM TIME TO TIME AND PUBLISHED AT HTTPS://EMPLOYER.PARS.ORG, INCORPORATE THE PARS PRIVACY POLICY AVAILABLE AT HTTPS://EMPLOYER.PARS.ORG (“TERMS OF SERVICE”), AND ARE A LEGAL AGREEMENT BETWEEN PUBLIC AGENCY RETIREMENT SERVICES (“PARS”) AND YOU (“YOU,” or “YOUR”). YOU MUST READ AND AGREE TO THESE TERMS OF SERVICE, INCLUDING THE PRIVACY POLICY, BEFORE USING THE EMPLOYER PORTAL. BY USING THE EMPLOYER PORTAL, YOU AGREE TO THESE TERMS OF SERVICE AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR THE PRIVACY POLICY, DO NOT USE THE EMPLOYER PORTAL. You are responsible for regularly reviewing the Terms of Service, as modified from time to time. All such modifications will be effective with reasonable notice after posted by PARS. If You are dissatisfied with any modification to the Terms of Service, Your only remedy is to terminate Your use of the Employer Portal, as described in Section 9 (Termination and Survivability) of these Terms of Service. Your continued use of the Employer Portal after a change or update has been made to the Terms of Service constitutes Your acceptance of such change or update. 2.Eligibility By using the Employer Portal, You represent, warrant, and covenant that: (a) All registration information You submit to PARS is truthful and accurate; (b) You will maintain the accuracy of such information; and (c) Your use of the Employer Portal does not violate any applicable law or regulation. 3.Use of the Employer Portal Provided that You comply with these Terms of Service, PARS hereby grants to You, and You hereby accept from PARS, a limited, revocable, nonexclusive, nonassignable, nonsublicensable license and right to access the Employer Portal, through a generally available web browser or mobile device, to view information and use the services offered through the Employer Portal. 2 4. User Accounts To use the Employer Portal, You will be required to create a user account (“Account”). If You create an Account, You agree to provide PARS with current, complete, true and accurate information, and You further agree to update this information should it change. PARS may suspend, terminate, modify, or delete Your access to Your Account through the Employer Portal with or without notice to You, at any time for any reason or for no reason, including but not limited to Your violation of the Terms of Service without any liability to You or to any third party. If we terminate, suspend, or cancel Your access to Your Account through the Employer Portal, You will have no further access to Your Account through the Employer Portal or anything associated with it. PARS reserves the right to change or discontinue any service or feature provided by PARS, including, without limitation, the Employer Portal, at any time and without notice. You agree that PARS shall not be liable for any loss or damage caused, directly or indirectly, by any such termination, suspension, change or discontinuance. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT OCCUR IN CONNECTION WITH YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU. You agree to notify PARS immediately of any unauthorized use of Your Account or any other breach of security and to provide properly documented evidence as requested by PARS. You may not use anyone else’s Account at any time and You may not allow anyone else to use Your Account at any time. You agree that PARS will not be liable for any loss You may incur as a result of someone else using Your password or Account, either with or without Your knowledge, and You further agree that You will be liable for losses incurred by PARS or another party due to someone else that You knowingly allow to use Your Account or password. 5. Limitations ANY USE OF THE EMPLOYER PORTAL IN VIOLATION OF THESE TERMS OF SERVICE WILL BE REGARDED AS AN INFRINGEMENT OF PARS’ COPYRIGHT RIGHTS IN AND TO THE CONTENT. (“Content” shall mean including, without limitation, data, audio, text, and any and all other material and information you see on portal, whether provided by pars or otherwise). You may not, under any circumstances, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, adapt, translate, transfer, buy, auction, rent, lease, loan or sell any Content, or other materials appearing in or generated by the Employer Portal, or any information obtained from the Employer Portal, without the prior express written consent of PARS. You may not, under any circumstances, exploit the Content or the Employer Portal for any purpose whatsoever. 3 You may not, under any circumstances, use the Content or the Employer Portal in any manner that is: (a) Unlawful; (b) That could damage, disable, overburden, or impair any PARS server or the network(s) connected to any PARS server; (c) That could interfere with any other party’s use and enjoyment of the Employer Portal; (d) That gains or attempts to gain unauthorized access to the Employer Portal, unpublished information or material, other users’ Accounts, or computer systems and/or networks connected to any PARS server, or to any part of the Employer Portal, through hacking, password mining or any other means; (e) That collects or aggregates information regarding other users’ actions relating to the Employer Portal; or (f) That reverse engineers, decompiles, disassembles or attempts to reverse engineer, decompile, or disassemble any part of the Employer Portal. 6. Communications By creating an Account, You understand You may receive periodic information regarding current and future services offered on the Employer Portal and/or related third party products. You may unsubscribe at any time by terminating Your Account as described in Section 9 (Termination and Survivability). 7. Privacy/Security You understand that any information that You provide or that is collected by PARS in connection with Your use of the Employer Portal will be used in the manner described in these Terms of Service and PARS Privacy Policy available at: https://employer.pars.org. Without limiting the terms of the Privacy Policy, You understand that PARS does not guarantee that Your use of the Employer Portal and/or the information provided by You will be private or secure, and PARS is not responsible or liable to You for any lack of privacy or security You may experience. You are fully responsible for taking all precautions and providing security measures best suited for Your access to, and use of, the Employer Portal. 8. Jurisdictional Issues and Export Control Laws The Employer Portal is controlled and operated by PARS from its offices within the United States. PARS makes no representation that Content and other materials available through the Employer Portal are appropriate or available for use in any other locations. Those who choose to access the Employer Portal from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. 4 9. Termination and Survivability These Terms of Service are effective until terminated. PARS may terminate these Terms of Service with or without notice to You by terminating Your access to Your Account through the Employer Portal as set forth in Section 4 (User Accounts). You may terminate these Terms of Service and Your access to Your Account through the Employer Portal by sending an email stating Your intention to terminate these Terms of Service to PARS at: trust@pars.org, Attn: Client Services Department, with the subject line “Account Termination.” Such termination will not be effective until acknowledged by PARS, but not more than thirty (30) days after sending such termination email. The provisions of 5 (Limitations), 9 (Termination and Survivability), 11 (Disclaimer of Warranty; Limitation of Liability), 12 (Indemnity), and 13 (Jurisdiction and Choice of Law) shall survive any termination of these Terms of Service. 10. Links to Third Party Sites The Employer Portal may link to third party sites (“Linked Sites”). These Linked Sites are not controlled by PARS. PARS is not responsible for the information of the Linked Sites, for the business practices or privacy policies of the Linked Sites, or for the collection, use or disclosure of any information by the Linked Sites. PARS provides links to the Linked Sites only as a matter of convenience, and the inclusion of any link does not imply an endorsement by PARS of any Linked Site. You assume any and all risks, known or unknown, now existing or hereafter arising, related to the transactions with the Linked Sites’ items, including, but not limited to, completing transactions, default, negligence, unauthorized use of Your Account and password and other users acting under false identity. 11. Disclaimer of Warranty; Limitation of Liability YOU EXPRESSLY AGREE THAT THE USE OF THE EMPLOYER PORTAL IS AT YOUR SOLE RISK. THE EMPLOYER PORTAL IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE) OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES OR CONDITIONS ARE LEGALLY INCAPABLE OF EXCLUSION. PARS NOR ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, LICENSORS, DISTRIBUTORS, SUBLICENSEES, AGENTS, OR SUBCONTRACTORS (COLLECTIVELY, THE “PARS PARTIES”) ASSUME ANY RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, ERRORS, SYSTEM DOWN TIME, OR 5 INTERRUPTIONS IN THE ACCESSIBILITY OR USE OF THE EMPLOYER PORTAL CAUSED BY THE PARS PARTIES, OR BY YOUR OR OTHER USERS’ ERRORS AND/OR OMISSIONS. YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, THE PARS PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE EMPLOYER PORTAL OR USE OF THE EMPLOYER PORTAL. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH PARS IS TO STOP USING THE EMPLOYER PORTAL, AND TO CANCEL YOUR ACCESS TO YOUR ACCOUNT(S) THROUGH THE EMPLOYER PORTAL. IN NO CASE SHALL THE LIABILITY OF THE PARS PARTIES TO YOU EXCEED ONE HUNDRED DOLLARS. IN NO CASE SHALL THE PARS PARTIES BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE EMPLOYER PORTAL OR ANY INTERACTIONS WITH PARS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF PARS AND THE PARS PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. PARS DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE EMPLOYER PORTAL AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. 12. Indemnity You agree to defend, indemnify and hold harmless PARS and its directors, officers, employees, agents, shareholders, licensors, parent companies and representatives, from and against all claims, losses, costs and expenses (including without limitation reasonable attorneys’ fees) arising out of (a) Your use of, or activities in connection with the Employer Portal; (b) Any violation of these Terms of Service by You or through Your Account or using Your user name; or (c) Any allegation that any information, messages, or materials that You make available or create through the Employer Portal infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. 13. Jurisdiction and Choice of Law These Terms of Service, and any disputes arising from or relating to the conduct covered by the Terms of Service, are governed by the laws of the State of California. In the event either You or PARS institutes legal proceedings to enforce or interpret these Terms of Service, the venue and 6 jurisdiction shall be Orange County, California, without regards to any principles of conflicts of laws and the United Nations Convention on Contracts for the International Sale of Goods. 14. Assignment PARS may assign these Terms of Service, in whole or in part, at any time. You may not assign, transfer or sublicense these Terms of Service or any or all of Your rights or obligations under these Terms of Service without PARS’ express prior written consent. 15. Waiver No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. 16. Headings Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. 17. Notice Notices to You may be made via posting to the Employer Portal, by email, or by regular mail, in PARS’ discretion. PARS may also provide notices of changes to these Terms of Service or other matters by displaying such notices or by providing links to such notices on the Employer Portal. Without limitation, You agree that a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 18. Severability If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect. 19. Complete Agreement These Terms of Service, including the documents expressly incorporated by reference, constitute the entire agreement between You and PARS with respect to its subject matter. These Terms of Service supersede all prior or contemporaneous communications, whether electronic, oral or written, between You and PARS with respect to its subject matter and You represent that You have not relied on any such communications in accepting these Terms of Service. 7 20. Notice for California Users Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952- 5210. 21. Questions If You have any questions, comments or complaints regarding these Terms of Service or the Employer Portal, feel free to contact us at: trust@pars.org. 22. General Provisions A printed version of these Terms of Service and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to these Terms of Service shall be written in the English language. © 2019 Public Agency Retirement Services - All Rights Reserved. 115 TRUST PARS EMPLOYER PORTAL OPT-IN ADDENDUM TO THE AGREEMENT FOR ADMINISTRATIVE SERVICES This Opt-In Addendum (the “Addendum”) is made this _____ day of _____________, 2019 (“Addendum Effective Date”) and is an addendum to the Agreement for Administrative Services for the County of Contra Costa PARS Public Agencies Post-Retirement Health Care Plan/Trust (the “Agreement”), between Phase II Systems, a corporation organized and existing under the laws of the State of California, doing business as Public Agency Retirement Services and PARS (“PARS”) and County of Contra Costa (the “Agency”) made effective December 17, 2010, and hereby incorporates by reference the terms and conditions of the Agreement. Any capit alized terms not defined in this Addendum shall be their respective definitions in the Agreement. WHEREAS, Agency currently receives certain Services from PARS under the Agreement. WHEREAS, PARS has expanded the scope of its Services to allow designated Agency personnel to access and view the Agency’s PARS Public Agencies Post-Retirement Health Care Plan/Trust information on a read-only basis through a web-based portal available at https://employer.pars.org (the “Employer Portal”); and WHEREAS, Agency wishes to allow designated Agency personnel the ability to access and use the Employer Portal. NOW THEREFORE, the parties hereby agree that: 1. Agency is opting-in to allow PARS to provide designated Agency personnel with the right to access and use the Employer Portal, subject to terms and conditions herein and the applicable Agency’s acceptance of, and compliance with, the Employer Portal’s Terms of Service and Privacy Policy located at https://employer.pars.org. 2. Agency shall add and remove access to the Employer Portal for designated Agency personnel as appropriate by notifying PARS in writing of any such changes. 3. Except as expressly set forth in this Addendum, the terms and conditions of the Agreement remain unchanged and in full effect. This Addendum is executed by an authorized representative of each party and shall become effective on the latter of the dates signed below by the parties. County of Contra Costa Phase II Systems dba Public Agency Retirement Services and PARS By: By: Name: Russell Watts Name: Tod Hammeras Title: County Treasurer, Tax Collector Title: Chief Financial Officer Date: Date: RECOMMENDATION(S): ACCEPT the 2019 Advisory Body Annual Report for the Affordable Housing Finance Committee (AHFC). FISCAL IMPACT: The action is accepting a report. There is no fiscal impact. BACKGROUND: Board policy requires that regular and ongoing boards, commissions, or committees shall annually report on activities, accomplishments, membership attendance, required training/certification, and proposed work plan or objectives for the following year. ANNUAL REPORT 1. Activities: The committee met on April 23 and October 4, 2019, to consider applications for the Community Development Block Grant (CDBG), and HOME Investment Partnerships Act (HOME) funds. Final funding recommendations included $2,610,400 for new construction of 30 affordable apartments located in Pittsburg and 42 units of homeownership condominiums located in Walnut Creek. The committee also recommended $2,801,523 in CDBG funds for the rehabilitation of 237 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 73 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:December 17, 2019 Contra Costa County Subject:2019 Advisory Body Annual Report for the Affordable Housing Finance Committee (AHFC) BACKGROUND: (CONT'D) existing affordable housing units in Richmond and unincorporated Contra Costa Centre. Additional recommendations were to fund the Neighborhood Preservation Program, which provides rehabilitation loans and grants to low income homeowners. 2. Accomplishments: The AHFC reviewed applications as described above and provided funding recommendations to the Board of Supervisors through the Department of Conservation and Development. Committee members provide a critical review of the projects which ensures substantial leverage of CDBG and HOME funds. 3. Attendance/Representation: The AHFC committee achieved a quorum at both meetings. There are two current vacancies, one is the City Representative/West seat and the other is the City Representative/Central seat. There are residents from each regional area of the County represented on the committee. The AHFC strives to have a diverse committee. Kristen Lackey staffed the committee. 4. Training/Certification: There has not been any special training in the past year. Staff provides information to committee members on webinars that provide information on related topics. 5. Proposed Work Plan/Objectives for Next Year: In 2020, the AHFC may meet twice. One meeting will be in the spring and additional meetings will be held if applications are received during the year. CONSEQUENCE OF NEGATIVE ACTION: The Board would not have a 2019 report on the Affordable Housing Finance Committee. CHILDREN'S IMPACT STATEMENT: The AHFC reviews and makes recommendations on many types of affordable housing projects, including housing suitable for families with children. The recommendation supports one or more of the following children's outcomes: (1) Children Ready for and Succeeding in School; (2) Children and Youth Healthy and Preparing for Productive Adulthood; (3) Families that are Economically Self Sufficient; (4) Families that are Safe, Stable and Nurturing; and (5) Communities that are Safe and Provide a High Quality of Life for Children and Families. RECOMMENDATION(S): ACCEPT the 2019 Annual Report of the Internal Operations Committee of the Board of Supervisors. 1. RECOGNIZE the excellent work of the County department staff who provided the requisite information to the IOC in a timely and professional manner, and members of the Contra Costa community and private industry who, through their interest in improving the quality of life in Contra Costa County, provided valuable insight into our discussions, and feedback that helped us to formulate our policy recommendations. 2. REMOVE without taking any further action the referrals listed under Exhibit A.3. REFER to the 2020 IOC the items listed under Exhibit B. 4. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Julie DiMaggio Enea (925) 335-1077 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 74 To:Board of Supervisors From:INTERNAL OPERATIONS COMMITTEE Date:December 17, 2019 Contra Costa County Subject:2019 YEAR-END REPORT ON INTERNAL OPERATIONS COMMITTEE REFERRALS AND THEIR DISPOSITION RECOMMENDATION(S): (CONT'D) FISCAL IMPACT: None. BACKGROUND: During 2019, the Internal Operations Committee (IOC) received 14 referrals from the Board of Supervisors, made 10 reports to the Board, interviewed 32 candidates and made recommendations to fill 33 seats for certain advisory bodies whose composition requirements must be monitored. Our Committee appreciates the time and effort taken by the staff to the Board’s advisory bodies to recruit, screen, and nominate individuals to our Committee for approval and appointment by the Board. Their efforts in this regard allowed the IOC to focus more of its time on the following subjects: 1. Small Business Enterprise (SBE) and Outreach Programs. The IOC accepted two reports from the Purchasing Services Manager, together covering the period July 1, 2018 through June 30, 2019, and reported out to the Board of Supervisors on March 19 and October 8, 2019. This is a standing referral. REFER 2. County Financial Audit Program. Since 2000, the IOC reviews, each February, the annual schedule of audits and best practices studies proposed by the Auditor-Controller. The Auditor-Controller’s Office presented a report of their 2018 audit work and proposed 2019 Audit Schedule to the IOC on March 11, 2019. The IOC transmitted the Audit Schedule to the Board of Supervisors on March 19, 2019. This is a standing referral. REFER 3. Annual Report on Fleet Internal Service Fund and Disposition of Low Mileage Vehicles. Each year, the Public Works Department Fleet Manager analyzes the fleet and annual vehicle usage, and makes recommendations to the IOC on the budget year vehicle replacements and on the intra-County transfer of underutilized vehicles, in accordance with County policy. In FY 2008/09, following the establishment of an Internal Services Fund (ISF) for the County Fleet, to be administered by Public Works, the Board requested the IOC to review annually the Public Works department report on the fleet and on low-mileage vehicles. The IOC received the 2018/19 fleet report on March 11, 2019 and reported out to the Board of Supervisors on March 19, 2019. This is a standing referral. REFER 4. Local Bid Preference Program. In 2005, the Board of Supervisors adopted the local bid preference ordinance to support small local businesses and stimulate the local economy, at no additional cost to the County. Under the program, if the low bid in a commodities purchase is not from a local vendor, any responsive local vendor who submitted a bid over $25,000 that was within 5% percent of the lowest bid has the option to submit a new bid. The local vendor will be awarded if the new bid is in an amount less than or equal to the lowest responsive bid, allowing the County to favor the local vendor but not at the expense of obtaining the lowest offered price. Since adoption of the ordinance, the IOC has continued to monitor the effects of the program through annual reports prepared and presented by the Purchasing Agent or designee. The IOC received two reports, together covering the period July 1, 2018 through June 30, 2019, and reported out to the Board of Supervisors on March 19 and October 8, 2019. This is a standing referral. REFER 5. Advisory Body Recruitment. On December 12, 2000, the Board of Supervisors approved a policy on the process for recruiting applicants for selected advisory bodies of the Board. This policy requires an open recruitment for all vacancies to At Large seats appointed by the Board. The IOC made a determination that it would conduct interviews for At Large seats on the following bodies: Retirement Board, Fire Advisory Commission, Integrated Pest Management Advisory Committee, Planning Commission, Treasury Commission, Integrated Pest Management Advisory Committee, Planning Commission, Treasury Oversight Board, Airport Land Use Commission, Aviation Advisory Committee and the Fish & Wildlife Committee; and that screening and nomination to fill At Large seats on all other eligible bodies would be delegated to each body or a subcommittee thereof. In 2019, the IOC submitted recommendations to the Board of Supervisors to fill 33 vacant seats on various committees and commissions. The IOC interviewed 32 individuals for seats on the 2020 Census Complete Count Steering Committee, the Retirement Board, the Airport Land Use Commission, and the Contra Costa County Fire Protection District Advisory Commission. In 2020, the IOC will need to recruit and interview for the Airport Land Use Commission, Treasury Oversight Committee, CCCFPD Advisory Fire Commission, the Fish & Wildlife Committee, County Planning Commission, the East Bay Regional Parks Advisory Committee, and the Law Library. This is a standing referral. REFER 6. Process for Allocation of Propagation Funds by the Fish and Wildlife Committee . On November 22, 2010, the IOC received a status report from Department of Conservation and Development (DCD) regarding the allocation of propagation funds by the Fish and Wildlife Committee (FWC). The IOC accepted the report along with a recommendation that IOC conduct a preliminary review of annual FWC grant recommendations prior to Board of Supervisors review. On April 8, 2019, the IOC received a report from DCD proposing, on behalf of the FWC, the 2019 Fish and Wildlife Propagation Fund Grant awards. The IOC approved the proposal and, on April 16, 2019, recommended grant awards for ten projects totaling $67,267, which the Board of Supervisors unanimously approved. The Board subsequently approved an allocation of $4,962 from the Fish and Wildlife Propagation Fund to cover expenditures related to hosting the 6th Quadrennial Creek and Watershed Symposium. This is a standing referral. REFER 7. Advisory Body Triennial Review. Beginning in 2010 and concluding in 2011/2012, the Board of Supervisors conducted an extensive review of advisory body policies and composition, and passed Resolution Nos. 2011/497 and 2011/498, which revised and restated the Board’s governing principles for the bodies. The Resolutions dealt with all bodies, whether created by the BOS as discretionary or those that the BOS is mandated to create by state or federal rules, laws or regulations. The Resolutions directed the CAO/COB’s Office to institute a method to conduct a rotating triennial review of each body and to report on the results of that review and any resulting staff recommendations to the Board, through the IOC, on a regular basis. The second phase report of the current Triennial Review Cycle was completed on April 8, 2019 and reported out to the Board on April 16, 2019. This is a standing referral. REFER 8. Animal Benefit Fund Review. On May 12, 2015, the Board of Supervisors adopted the fiscal year 2015/16 budget, including a referral to the Internal Operations Committee to review the Animal Benefit Fund and, in March 2016, the Board directed that the review be made by the IOC annually to assess the impact of the Animal Benefit Fund on the community and families. On October 21, 2019, the IOC received the third annual report on the Animal Benefit Fund covering FY 2018/19 and reported out to the Board of Supervisors on November 5, 2019. This is a standing referral. REFER 9. Commission for Women Member Attrition and Review. Following up on a referral begun in 2017, the IOC held several follow-up discussions in 2018 and 2019 related to a spate of member resignations, and concerns that had been expressed by some members about the Commission not closely adhering to the mission established by the BOS, and a requirement of members to raise funds for the Commission but a with perceived inability to influence how raised funds were utilized. Staff made recommendations for reforming the Commission, which the Commission took under advisement, but were unable to fully consider during 2018 due to an inability to achieve a meeting quorum. The Board of Supervisors on April 24, 2018, at the IOC’s recommendation, reduced the Commission’s size from 15 to 10. The BOS, on May 7, 2019, also adopted IOC recommended changes to the Commission for Women and Girls bylaws. TERMINATE 10. Waste Hauler Ordinance Status Report. On May 8, 2012, the Board of Supervisors referred to the Internal Operations Committee a proposal to develop a waste hauler ordinance. The IOC and staff from Environmental Health, Conservation and Development, the County Administrator’s Office and the County Counsel’s Office worked for more than five years with franchise haulers to craft an ordinance, which was adopted by the Board of Supervisors on December 5, 2017. The BOS, on November 13, 2018, approved an IOC recommendation to reduce the required performance bond from $50,000 to $20,000 to encourage greater compliance with the ordinance. The IOC reported back to the Board on May 21, 2019 on the implementation of the ordinance and the effect of reducing the performance bond amount. TERMINATE 11. Los Medanos Health Care District Board Member Recruitment. As part of the dissolution of the Los Medanos Community Healthcare District (District), the Board adopted Resolution No. 2018/436, which created the Los Medanos Health Advisory Committee (Advisory Committee). The Board formed the Advisory Committee to identify health disparities within the District’s borders and to make recommendations related to a grant program to be conducted in the District’s territory. The composition of the Advisory Committee called for (1) one At Large seat to be interviewed and recommended to the full Board for appointment by the Internal Operations Committee. The IOC was scheduled to interview three candidates for the At Large seat on December 10, 2018, but decided to remove this item from consideration until the disposition of the District was determined by LAFCo. TERMINATE 12. Public Information Program. On February 26, 2019, the Board requested the IOC to review the County's current public outreach and engagement capabilities and future strategy, particularly in anticipation of the significant outreach effort that would be required for the 2020 U.S. Census Project. The review was to cover coordination with Department information officers, and current and future outreach tools and strategies to effectively inform and engage citizens in County government issues, with particular emphasis on social media and other emerging technologies. The Communications & Media Director reported to the IOC on October 21, 2019, highlighting 2019 accomplishments including the July 2019 launch of the new County website, creation of tax and permit portals, creation of a new landing page for the Board of Supervisors, and the addition of a "how do I?" help feature. She explained some of the goals of the new webpage design as being functional on a mobile device, offering many paths to the same information and opportunities to complete tasks beyond simply finding information. TERMINATE 13. Language Interpretation Services for Public Meetings . On March 26, 2019, the Board requested the IOC to develop a policy on language interpretation services at the Board of Supervisors meetings. The IOC considered this matter on September 9, 2019 and decided that the services could not practically be rolled out until staff relocates to the new Administration Building. The IOC gave staff direction to report back with additional information to assist the Committee in determining the best model for providing these services. The IOC received a follow-up report on December 9, and directed staff to prepare a report for Board discussion on January 21 with recommendations to consider implementing language translation services at BOS meetings upon 72 hours' prior notice once the Board begins using its new meeting chambers, estimated to be in or around June 2020. Staff was asked to confer with DoIT on the feasibility of implementing language translation in the current BOS Chambers. REFER 14. Purchasing Agent Authority to $200,000. On April 9, 2019, the Board requested the IOC to review of the purchasing agent's authority to engage independent contractors, in light of a legislative amendment that would permit the County to expand that authority. The IOC considered this matter on June 10, 2019 and recommended to the Board on June 18, 2019 an increase to the purchasing agent's authority to engage independent contractors from the current policy limit of $100,000 to the new statutory limit of $200,000 and extend the same authority to issuance of purchase orders, effective July 1, 2019. TERMINATE EXHIBIT A EXHIBIT A LIST OF REFERRALS TO BE REMOVED 9. Commission for Women Member Attrition and Review 10. Waste Hauler Ordinance Status Report 11. Los Medanos Health Care District Board Member Recruitment 12. Public Information Program 14. Purchasing Agent Authority to $200,000 EXHIBIT B LIST OF ITEMS TO BE REFERRED TO THE 2020 INTERNAL OPERATIONS COMMITTEE Standing Referrals Continued policy oversight and quarterly monitoring of the Small Business Enterprise and Outreach programs, and e-Outreach 1. Review of the annual financial audit schedule2. Review of annual Master Vehicle Replacement List and disposition of low-mileage vehicles3. Local Bid Preference Program4. Advisory Body Candidate Screening/Interview5. Fish and Wildlife Propagation Fund Allocation \6. Advisory Body Triennial Review7. Animal Benefit Fund Review8. Non-Standing Referrals 13. Language Interpretation Services for Public Meetings CONSEQUENCE OF NEGATIVE ACTION: Should the Board elect not to approve the recommendations, the Internal Operations Committee will not have clear direction on the disposition of prior year referrals for discussion in calendar year 2020. RECOMMENDATION(S): ACCEPT the 2019 year-end report on the activities of the Family & Human Services (FHS) Committee and REFER to the 2020 FHS Committee the items listed under Exhibit A. FISCAL IMPACT: There is no fiscal impact. This is an informational report. BACKGROUND: On June 18, 2002, the Board of Supervisors adopted Resolution No. 2002/377 and on December 11, 2017 the Board adopted Resolution Nos. 2011/497 and 2011/498, which require that each regular and ongoing board, commission, or committee shall annually report to the Board of Supervisors on its activities, accomplishments, membership attendance, required training/certification (if any), and proposed work plan or objectives for the following year. This report fulfills this requirement for the Family and Human Services Committee. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/17/2019 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: Julie DiMaggio Enea, (925) 335-1077 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 17, 2019 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 75 To:Board of Supervisors From:FAMILY & HUMAN SERVICES COMMITTEE Date:December 17, 2019 Contra Costa County Subject:2019 YEAR-END REPORT ON FAMILY & HUMAN SERVICES COMMITTEE REFERRALS AND THEIR DISPOSITION BACKGROUND: (CONT'D) During 2019, the Family and Human Services (FHS) Committee received 16 referrals from the Board of Supervisors, made 11 reports to the Board of Supervisors (BOS), and made recommendations to fill 34 seats for certain advisory bodies whose composition requirements must be monitored. Our Committee appreciates the time and effort taken by the staff to the Board’s advisory bodies to recruit, screen, and nominate individuals to our Committee for approval and appointment by the BOS. Their efforts in this regard allowed the FHS Committee to focus more of its time on the following subjects: 1. Family Justice Center & Commercially Sexually Exploited Children (#111). On January 6, 2015, the Board referred to the FHS Committee oversight and monitoring of the Family Justice Centers and Commercially Sexually Exploited Children initiatives. The Employment and Human Services Department has since reported annually to the FHS Committee on the Zero Tolerance for Domestic Violence Initiative, Human Trafficking, Commercially Sexually Exploited Children, and the Family Justice Centers. The FHS Committee received and accepted the most recent report on February 25, 2019. This is a standing referral. REFER 2. Workforce Innovation and Opportunity Act (#109). On January 6, 2015, the Board of Supervisors referred to the FHS Committee oversight and monitoring of the Workforce Innovation and Opportunity Act. The FHS Committee received a status report at its April 22, 2019 meeting, noting that in this transition year, participation has been, so far, lower than normal. Staff itemized certain actions for consideration by the Board of Supervisors, including approval of updated regional and local plan, approval of a regional MOU, and authorization to form a non-profit organization to serve as a fundraising arm of the Workforce Development Board. This report was shared with the BOS on May 7, 2019. This is a standing referral. REFER 3. Community Development Block Grant Recommendations (#20). On February 11, 1997, the BOS referred to the FHS Committee examination of the Public Service Portion of the Community Services Block Grant (CDBG) Program. The Department of Conservation and Development reports to the FHS Committee at least annually regarding recommendations for the Public Services category and Emergency Solutions Grant funding allocations. On May 13, 2019, the FHS Committee approved FY 2019-20 CDBG Public Service allocations totaling $759,375 for 33 renewal Public Services projects, and $365,063 (reflecting an approximately 20% increase above the requested amount) for 5 renewal and 1 new Emergency Solutions projects. The Board of Supervisors approved these allocations on June 11, 2019. Additionally, on November 13, 2019, the FHS Committee reviewed and approved staff recommendations for the 2020-2025 Consolidated Plan priorities, which were subsequently approved by the Board on November 19, 2019. The final Consolidated Plan will be brought to the Committee in April 2020 along with the CDBG funding recommendations for FY 2020/21 This is a standing referral. REFER 4. Innovative Community Partnerships (#110). On January 6, 2015, the BOS referred to the FHS Committee oversight and monitoring of the Employment and Human Services Department's (EHSD) Innovative Community Partnerships, now including Whole Family Services. The FHS Committee, on May 13, 2019, received a status report on EHSD's Innovative Community Partnerships program and forwarded this report to the BOS on May 21, 2019. This is a standing referral. REFER 5. Local Planning Council Countywide Child Care Pilot Plan (#92). California Education Code section 8231 requires that Local Planning Councils prepare a comprehensive countywide child care plan designed to mobilize public and private resources to address identified needs. On October 17, 2006, the Board of Supervisors referred updates on the Countywide Child Care Plan to the FHS Committee and the Local Planning and Advisory Council for Early Care and Education has provided annual reports. The FHS Committee, on June 10, 2019, reviewed and approved the proposed Local Child Care Policy and Evaluation Plan and forwarded the plan to the BOS on June 18, 2019. This is a standing referral. REFER 6. Youth Services Report (#93). An annual update of the Independent Living Skills Program administered by the EHSD was first referred to the FHS Committee by the BOS on October 17, 2006. On June 7, 2016, EHSD requested, and the Board approved, expanding the referral to include additional youth services updates and retitling the referral to “Youth Services Report”, so that the department can include reports on all youth services offered in the community through EHSD, including Workforce Innovation and Opportunity Act and CalWorks youth services. The FHS Committee received and accepted a program update from EHSD on July 29, 2019. This is a standing referral. REFER 7. Child Care Planning/Development Council Activities Update (#81). The Board of Supervisors referred updates on the activities of the Local Planning and Advisory Council for Early Care and Education to the FHS Committee on January 17, 2006. The FHS Committee, on July 29, 2019, received the FY 2018/19 report on activities, key accomplishments, and proposed new year work plan of the Local Planning Council as they relate to membership and funding of local child care and development planning in Contra Costa County. This is a standing referral. REFER 8. SNAP/CalFresh Program Update (#103). The SNAP Program was originally referred to the FHS Committee by the BOS in 2011. This program was formerly known as Food Stamps and is currently known as the Federal Supplemental Nutrition Assistance Program (SNAP). In California, the name of the program is CalFresh. The FHS Committee monitored the CalFresh SSI expansion implementation closely throughout the year, receiving reports from EHSD and hearing public testimony on April 22, June 10, July 29, September 23, and November 13, 2019. The FHS Committee provided status reports to the Board of Supervisors on May 7 and July 9, 2019. As the SSI Expansion is still in progress, this matter should remain on referral to the FHS Committee for ongoing monitoring. REFER 9. Homeless Continuum of Care (#5). The FHS Committee, on November 13, 2019, received annual status reports from the Health Services Department on the Continuum of Care Plan for the Homeless and Healthcare for the Homeless. These reports were forwarded to the BOS on December 10, 2019. This is a standing referral. REFER 10. Adult Protective Services (#45). On May 23, 2000, the Board of Supervisors referred to the FHS Committee an annual report on the progress made on the issue of elder abuse in Contra Costa County. The FHS Committee received the latest annual report on June 10, 2019 and forwarded the annual report to the BOS on June 18, 2019, requesting the BOS to engage in supporting and spreading awareness about these services. This is a standing referral. REFER 11. Community Services Bureau/Head Start (#78). Oversight of the Community Services Bureau and Head Start programs was originally referred to the FHS Committee on March 1, 2005. Since that time, the program has provided the Committee with annual updates on the programs and services provided. Due to the prioritization of the CalFresh SSI implementation, FHS annual review of this program was rescheduled to the first committee meeting in 2020. This is a standing referral. REFER 12. Laura’s Law/Assisted Outpatient Treatment (#107). AB 1421 allows court-ordered intensive outpatient treatment called Assisted Outpatient Treatment for a clearly defined set of individuals that must meet specific criteria. AB 1421 also specifies which individuals may request the County Mental Health Director to file a petition with the superior court for a hearing to determine if a person should be court-ordered to receive the services specified under the law. The law specifies various rights of the recipient as well as due process hearing rights. In February 2016, Laura's Law was implemented in Contra Costa County and the Health Services Department provided the FHS Committee with periodic status reports. The Family and Human Services Committee, on October 7, 2019, received and accepted the report on 2018 outcomes, which were generally positive, seeing a decline in crisis episodes, hospitalizations, incarceration, and homelessness, and an increase in patient satisfaction as evidenced through patient surveys. Staff reported that the "front door" model implemented by the County has been very successful, helping families to better navigate the array of available services and be directed to the most appropriate level of care for their family member. Staff cautioned, however, that more step down, e.g. Assertive Community Treatment, programming is needed. This is a standing referral. REFER 13. Employment and Human Services Department Challenges (#44). Due to the prioritization of the CalFresh SSI expansion, EHSD's report on this referral was postponed until Spring 2020. REFER 14. Second Hand Smoke (#82). At the November 13, 2017 FHS Committee meeting, Public Health presented its annual report on the implementation of the County’s Secondhand Smoke ordinance with a recommendation that the Committee consider a proposed ordinance to strengthen the current smoking protections to prohibit smoking inside dwelling units of multi-unit housing, including condos and townhomes. That ordinance, titled Smoke-free Multi Unit Residences, was adopted by the Board of Supervisors on March 13, 2018. FHS received the most recent follow-up report from the Health Services Department on October 7, 2019, at which time the Committee requested staff to develop a sample secondhand smoke clause for inclusion in Homeowners' Association Covenants, Conditions, and Restrictions. The Health Services Department reported out to the Board of Supervisors on this matter on November 12, 2019. It is recommended that this matter remain on referral to the Committee for continued monitoring. REFER 15. Protecting Youth from Tobacco Influences (#112). The BOS approved two tobacco control ordinances in July 2017 to protect youth from tobacco influences in the retail environment: a zoning ordinance and a tobacco retailer licensing ordinance. The tobacco retailer licensing ordinance required extensive preparation for implementation, and tobacco retailers were required to be compliant with the new provisions by January 1, 2018. Public Health staff provided a report to the BOS in March 2018, and status reports to the FHS Committee on December 3, 2018 and October 7, 2019 at which time the Committee expressed its support to expand a pending amendment to the smoking ordinance that would ban vaping to additionally ban flavored tobacco. On November 12 and 19, 2019, the Board of Supervisors introduced and adopted an ordinance 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 in the County unincorporated area. It is recommended that this matter remain on referral to the Committee for continued monitoring. REFER 16. Clarifying the Role of the Family and Children's Trust (FACT) Committee (#120). On December 10, 2019, the Board of Supervisors asked the FHS Committee to consider whether it would be appropriate to expand the charge of the FACT Committee to encompass public outreach, information, and/or advocacy on child abuse prevention. As the FHS Committee received the referral following its last 2019 meeting, it is recommended that this question be referred to the 2020 FHS Committee for examination. REFER EXHIBIT A LIST OF ITEMS TO BE REFERRED TO THE 2020 FHS COMMITTEE Standing Referrals 1. Family Justice Center & Commercially Sexually Exploited Children (#111) 2. Workforce Innovation and Opportunity Act (#109) 3. Community Development Block Grant Recommendations (#20) 4. Innovative Community Partnerships (#110) 5. Local Planning Council Countywide Child Care Pilot Plan (#92) 6. Youth Services Report (#93) 7. Child Care Planning/Development Council Activities Update (#81) 8. SNAP/CalFresh Program Update (#103) 9. Homeless Continuum of Care (#5) 10. Adult Protective Services (#45) 11. Community Services Bureau/Head Start (#78) 12. Laura’s Law/Assisted Outpatient Treatment (#107) Non-Standing Referrals 13. Employment and Human Services Department Challenges (#44) 14. Second Hand Smoke (#82) 15. Protecting Youth from Tobacco Influences (#112) 16. Clarifying the Role of the Family and Children's Trust (FACT) Committee (#120) CONSEQUENCE OF NEGATIVE ACTION: Should the Board not take definitive action, the 2020 FHS Committee will not have clear direction to guide its work plan.