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HomeMy WebLinkAboutMINUTES - 02252020 -CALENDAR FOR THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY AND FOR SPECIAL DISTRICTS, AGENCIES, AND AUTHORITIES GOVERNED BY THE BOARD BOARD CHAMBERS ROOM 107, ADMINISTRATION BUILDING, 651 PINE STREET MARTINEZ, CALIFORNIA 94553-1229 JOHN GIOIA, CHAIR, 1ST DISTRICT CANDACE ANDERSEN, VICE CHAIR, 2ND DISTRICT DIANE BURGIS, 3RD DISTRICT KAREN MITCHOFF , 4TH DISTRICT FEDERAL D. GLOVER, 5TH DISTRICT DAVID J. TWA, CLERK OF THE BOARD AND COUNTY ADMINISTRATOR, (925) 335-1900 PERSONS WHO WISH TO ADDRESS THE BOARD DURING PUBLIC COMMENT OR WITH RESPECT TO AN ITEM THAT IS ON THE AGENDA, MAY BE LIMITED TO TWO (2) MINUTES. A LUNCH BREAK MAY BE CALLED AT THE DISCRETION OF THE BOARD CHAIR. The Board of Supervisors respects your time, and every attempt is made to accurately estimate when an item may be heard by the Board. All times specified for items on the Board of Supervisors agenda are approximate. Items may be heard later than indicated depending on the business of the day. Your patience is appreciated. ANNOTATED AGENDA & MINUTES February 25, 2020            9:00 A.M. Convene and announce adjournment to closed session in Room 101. Closed Session A. CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code § 54957.6) 1. Agency Negotiators: David Twa and Richard Bolanos. Employee Organizations: Public Employees Union, Local 1; AFSCME Locals 512 and 2700; California Nurses Assn.; SEIU Locals 1021 and 2015; District Attorney Investigators’ Assn.; Deputy Sheriffs Assn.; United Prof. Firefighters I.A.F.F., Local 1230; Physicians’ & Dentists’ Org. of Contra Costa; Western Council of Engineers; United Chief Officers Assn.; Contra Costa County Defenders Assn.; Contra Costa County Deputy District Attorneys’ Assn.; Prof. & Tech. Engineers IFPTE, Local 21; and Teamsters Local 856. 2. Agency Negotiators: David Twa. Unrepresented Employees: All unrepresented employees. B. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Gov. Code § 54956.9(d)(1)) National Railroad Passenger Corporation, et al., v. Contra Costa County, et al., United States District Court, Northern District of California Case No. 20-cv-00334 1. Megan Beach, by and through her guardian ad litem, Stacy Beach, v. Sheena M. Glover, et al., Contra Costa County Superior Court, Case No. C17-00077 2. Los Medanos Community Healthcare District v. Contra Costa Local Agency Formation Commission, et al., Contra Costa County Superior Court, Case No. C19-00048 3. County of San Joaquin, et al. v. Department of Water Resources, et al., Sacramento County Superior Court Case No. 34-2017-80002677 4. California Department of Water Resources v. All Persons Interested in the Matter, etc., Sacramento County Superior Court Case No. 34-2017-00215965 5. 9:30 A.M. Call to order and opening ceremonies. Inspirational Thought-"Every great dream begins with a dreamer. Always remember, you have within you the strength, the patience and the passion to reach for the stars to change the world." ~Harriet Tubman Present: John Gioia, District I Supervisor; Candace Andersen, District II Supervisor; Diane Burgis, District III Supervisor; Karen 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 Mary Ann Mason, Deputy County Counsel CONSIDER CONSENT ITEMS (Items listed as C.1 through C.66 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 recognizing the participation and generosity of Contra Costa County employees in the 2019 Counties Care Holiday Food Fight. (Stacey Durocher, Human Resources 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 PRESENTATION recognizing the American Heart Association, John Muir Health Cardiology Department, and Contra Costa Emergency Medical Services Agency during American Heart Month. (Supervisor Burgis)    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover PRESENTATION recognizing Contra Costa Regional Medical Center, San Ramon Regional Medical Center, John Muir Health, and Sutter Delta Medical Center for their prompt response to the needs of the community during the Public Safety Power Shutoff (PSPS) events. (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 PRESENTATION to recognize the winners of the Contra Costa County Poetry Out Loud 2020 Competition. (Petural Shelton, AC5 Commissioner, Arts and Culture Commission of Contra Costa 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 DISCUSSION ITEMS   D. 1 CONSIDER Consent Items previously removed.    There were no items removed for discussion.   D. 2 PUBLIC COMMENT (2 Minutes/Speaker)    :Mitchell: Smith, spoke on his positions relative to the universe and his responsibiliies; Tambri Heyden, spoke on the need to review the expense and time to obtain permits for tree removalj; The following members of SEIU 2015 spoke on the need to complete contract negotians and a living wage: Nicolasa Arvalo, Marisol Rubio, Amaralles Grora, John Roe, Anjulfo De La Cruz, Javeta Gregory, Camille Christian.   D.3 HEARING to consider an appeal of the County Planning Commission’s approval of a tree permit to allow the removal of 22 trees and work within the driplines of six trees for the purpose of constructing a new single-family residence on West Newell Avenue in the Saranap area. (Tambri Heyden and David Montalbo – Applicants; Patricia McGregor and William Schultz, Bronwyn Shone – Appellants) (Ruben Hernandez, Conservation and Development)       Speakers: David Montalbo and Tambri Heyden (Applicants), Patricia McGregor and William Schultz  Speakers: David Montalbo and Tambri Heyden (Applicants), Patricia McGregor and William Schultz (Appellants); Bronwyn Shone (Appellant); Diana Daniels; Mary Thiessen; Joe McNeil, resident of Pleasant Hill; Edward Soares, resident of Walnut Creek; Allan Moore, resident of Walnut Creek; John Bakker, resident of Oakland; Clarence Lehman. Written materials were provided by (attached): Mary Thiessen and Bob Thiessen, Corrina Gould, Confederated Villages of Lisjan; Bronwyn Shone. 1. CLOSED the public hearing; 2. DETERMINED that the proposed project is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15303(a) (new construction of one single-family residence); 3. DENIED the appeals of Patricia McGregor, William Schultz, and Bronwyn Shone; 4. APPROVED a tree permit to allow the removal of 22 code-protected trees and work within the driplines of six code-protected trees for the purpose of constructing a new single-family residence on West Newell Avenue in the unincorporated Saranap area, County File #TP19-0036; 5. DIRECTED staff to add Conditions of Approval to the permit to: a. Require a pre-construction survey to examine the possible existence of nesting birds b. Address the possible finding of archeological remains during the work c. Require the developer to provide restroom facility for workers on site d. Require the developer to ensure surrounding neighbors are provided with contact information for the County to report any observed violations 6. APPROVE the findings and conditions of approval for County File #TP19-0036; 7. DIRECTED the Department of Conservation and Development to file a CEQA Notice of Exemption with the County Clerk.   D.4 HEARING to consider adopting Traffic Resolution No. 2020/4490 for an 18-month temporary closure of a portion of Market Avenue and Silver Avenue, and all of North Jade Street, Harrold Street, and Warren Drive, as recommended by the Public Works Director, North Richmond area. (No fiscal impact) (Monish Sen, 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 HEARING to consider an appeal of the County Planning Commission’s approval of a land use permit to construct and operate a 225,950 square foot warehouse located northwest of Evora Road in the Bay Point area, and to consider adoption of a mitigated negative declaration and related actions. (Ware Malcomb – Applicant; CP Logistics Willow Pass, LLC – Owner; DeNova Homes, Inc.—Appellant) (Stanley Muraoka, Department of Conservation and Development) (Will be continued and re-noticed)    CONTINUED to a future date.   D.6 HEARING to consider adoption of Resolution No. 2020/39, Ordinance No. 2020-07, Ordinance No. 2020-08, and Ordinance No. 2020-09, amending the General Plan and Zoning Code to allow and regulate commercial solar energy facilities in the general commercial, light industrial, heavy industrial, and planned unit zoning districts, and in specified agricultural parcels in Bethel Island, Byron, Discovery Bay, and Jersey Island areas. (Joseph Lawlor, Jr., Conservation and Development 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.7 HEARING on proposed implementation of the property tax cost recovery provisions of Revenue and Taxation Code 95.3; CONSIDER adopting report from the Auditor-Controller filed on January 21, 2020 of the 2018/19 fiscal year property tax-related costs, including the proposed charges against each local jurisdiction excepting school entities, and CONSIDER adopting Resolution No. 2020/47 regarding implementation of Revenue and Taxation Code 95.3 for fiscal year 2019/20. (Lisa Driscoll, County Administrator's Office and Robert Campbell, County Auditor-Controller)         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 CONSIDER reports of Board members.    There were no items reported today.   Closed Session    In the case of National Railroad Passenger Corporation et al v. Contra Csota County, the Board voted unanimously to file a cross-complaint. Once the action has been formally commenced, information about the cross-complaint will be disclosed upon inquiry. In the case of Los Medanos Community Healthcare District v. Contra Costa LAFCO et al, the Board voted unanimously to authorize an appeal. In the cases of County of San Joaquin et al v. Department of Water Resources et al and California Department of Water Resources v. All Persons Interested in the Matter, the Board voted unanimously to authorize an appeal of the denial of attorney’s fees.   ADJOURN in memory of Meredith Fitzgerald Nunn Lifetime member of the Brentwood Farming Community and Joseph Barratt Concord High School student   CONSENT ITEMS   Road and Transportation   C. 1 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute on-call fencing services contract amendments with Alta Fence Co. and Crusader Fence Company, Inc. to extend the term from March 13, 2020 to March 13, 2021 for each contract, with no change to the payment limit, Countywide. (100% Local Road, Flood Control District, Airport Enterprise, and Facilities Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 2 RESCIND Board Action of February 12, 2019 (C.4) and APPROVE a new Notice of Intention to Sell Real Property at Public Auction located at 2710 and 2706 East Tregallas Road, 28, 30, and 34 Drake Street, and 2515 Lindberg Street, Antioch area. (100% Contra Costa Transportation Authority)       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 APPROVE the 2020 Surface Treatment Project and AUTHORIZE the Public Works Director, or designee, to advertise the Project, Alamo, El Sobrante, and North Richmond areas. (100% 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. 2020/51 approving the Parcel Map for minor subdivision MS18-00011, for project    C. 4 ADOPT Resolution No. 2020/51 approving the Parcel Map for minor subdivision MS18-00011, for project being developed by Ronald & Shirley Nunn, as recommended by the Public Works Director, Brentwood area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 5 ADOPT Resolution No. 2020/50 accepting Offer of Dedication for Roadway Purposes for minor subdivision MS18-00011, for a project being developed by Ronald & Shirley Nunn, as recommended by the Public Works Director, Brentwood 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. 6 ACCEPT the 2019 Annual Report from the Contra Costa County Flood Control and Water Conservation District (Flood Control District); DIRECT the Chief Engineer, or designee, to implement action plans, with a follow-up report to the Board of Supervisors annually; and REFER the Flood Control District’s efforts to develop sustainable funding to the Transportation, Water and Infrastructure Committee, Countywide. (100% Flood Control District Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 7 AUTHORIZE the Director of Airports, or designee, to negotiate a long-term ground lease and development terms between the County, as Landlord, and Montecito Development Company, LLC, as the developer, for approximately 9 acres of land on the west side of Buchanan Field Airport. (100% Airport 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. 8 APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month to month rental agreement between the County and Delux Public Charter, LLC, dba JSX, effective March 1, 2020, to to rent a hanger at Buchanan Field Airport. (100% Airport 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 Claims, Collections & Litigation   C. 9 DENY claims filed by The Brose Company by Robert Brose, California Auto Insurance Company, a subrogee of Rachel Grossi, Altantsetseg Chuluunbat (Conservator for Togtokh Oyuntseren), Lawrence Durbin, Terry L. Eidson, Enterprise Rent-a-Car, Gary Arthur Fiske, Derek Hawkins, Steven Jeglum, Joshua Polston, Adam Silverthorne, Bethany Sipes, Steven Thomas, University of California, Davis (2), Vyacheslav Viner and Ilga Viner (3), and Showfan Yee. DENY amended claim filed by Xingtei Luo.       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 Statutory Actions   C. 10 ACCEPT Board members meeting reports for January 2020.      AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane  AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Honors & Proclamations   C. 11 ADOPT Resolution No. 2020/66 recognizing the winners of the Contra Costa Poetry Out Loud 2020 Competition, 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 C. 12 ADOPT Resolution No. 2020/30 recognizing John Muir Health's prompt response to the needs of the community during the Public Safety Power Shutoff (PSPS) events, 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 ADOPT Resolution No. 2020/31 recognizing Sutter Delta Medical Center's prompt response to the needs of the community during the Public Safety Power Shutoff (PSPS) events, 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. 14 ADOPT Resolution No. 2020/32 recognizing San Ramon Regional Medical Center's prompt response to the needs of the community during the Public Safety Power Shutoff (PSPS) events, 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. 15 ADOPT Resolution No. 2020/33 recognizing Contra Costa Regional Medical Center's prompt response to the needs of the community during the Public Safety Power Shutoff (PSPS) events, 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. 16 ADOPT Resolution No. 2020/56 recognizing the participation and generosity of Contra Costa County employees in the 2019 Counties Care Holiday Food Fight, 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 C. 17 ADOPT Resolution No. 2020/61 recognizing the American Heart Association, John Muir Health Cardiology Department, and Contra Costa Emergency Medical Services Agency during American Heart Month, as recommended by Supervisor Burgis.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Ordinances   C. 18 ADOPT Ordinance No. 2020-05, prohibiting the transfer and assignment of cannabis permits, and allowing certain ownership changes in commercial cannabis businesses 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  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 INTRODUCE Ordinance No. 2020-04, revising procedures for designating an animal as potentially dangerous or dangerous; WAIVE reading; and FIX March 10, 2020, as the date for adoption, as recommended by the Animal Services 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 Appointments & Resignations   C. 20 APPOINT members to the Community Corrections Partnership and the Community Corrections Partnership - Executive Committee, as recommended by the Public Protection 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. 21 APPOINT Ray Brant, Kathy Urbelis, Jeff Eorio, Leonard Becker and Greg Isom to the Diablo Municipal Advisory Council, as recommended by Supervisor Diane Burgis.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 22 REAPPOINT Joseph Selby and Richard Kane to County Service Area, P-6 Discovery Bay Citizen Advisory Committee, as recommended by Supervisor Diane Burgis.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 23 REAPPOINT Wendell Snyder to the District IV Seat on the IHSS Public Authority Advisory Committee, as recommended by Supervisor Karen Mitchoff.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 24 APPOINT Laura Griffin to the Contra Costa County Mental Health Commission, District V - Consumer Seat, as recommended by Supervisor Glover.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 25 APPOINT Audrey Comeaux to the General Public seat and REAPPOINT Tim Bancroft to the General Public 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 Appropriation Adjustments   C. 26 Aging and Adult Services (0503): APPROVE Appropriations and Revenue Adjustment No. 005048 authorizing new revenue in the amount of $205,862 from the California Office of Emergency Services, County Victims grant, and appropriating it for Aging and Adult Services 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 Intergovernmental Relations   C. 27 ADOPT an amendment to the adopted 2020 State Legislative Platform to authorize advocacy activities for a FY 2020-21 State Budget appropriation for the Contra Costa CARES program, as recommended by the Legislation 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 Personnel Actions   C. 28 ADOPT Position Adjustment Resolution No. 25581 to add one County Probation Officer-Exempt (unrepresented) position in the Probation Department. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 29 ADOPT Position Adjustment Resolution No. 22572 to add one Supervising Accountant (represented) position and cancel one vacant Accountant III (represented) position in the Public Works Department. (100% Road and Special Districts 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 Leases   C. 30 APPROVE and AUTHORIZE the County Librarian to execute a library lease with the City of Brentwood for the library located at 104 Oak Street, Brentwood, and APPROVE revisions to the County’s standard form library lease. (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 Grants & Contracts   APPROVE and AUTHORIZE execution of agreements between the County and the following agencies for receipt of fund and/or services:   C. 31 APPROVE and AUTHORIZE the Health Services Director, or designee, to submit an application to the State of California, Business, Consumer Services and Housing Agency for the Homeless Housing, Assistance, and Prevention Program, to pay County an amount not to exceed $5,208,141, for the Health, Housing and Homeless Services Division to provide supportive housing services for homeless individuals and families in Contra Costa County for the period April 1, 2020 through June 30, 2025. (100% State)       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. 32 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment    C. 32 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with R.E.A.C.H. Project, effective January 1, 2020, to increase the payment limit by $115,000 to a new payment limit of $250,000, to provide additional drug abuse prevention and treatment services to Medi-Cal eligible County residents with no change in the term July 1, 2019 through June 30, 2020. (100% CalWORKS Alcohol and Other Drugs Services)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 33 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Cotiviti, Inc., in an amount not to exceed $236,631 to provide a license to use healthcare encounter data software and consultation services for Contra Costa Health Plan for the period November 1, 2019 through October 31, 2020. (100% Contra Costa Health Plan Enterprise Fund II)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 34 APPROVE the bid documents, including the contract General Conditions, Technical Specifications, and Construction Task Catalog for job order contracts 012, 013, 014, 015 & 016 for future repair and remodeling projects at various County facilities and AUTHORIZE the Public Works Director, or designee, to solicit bids to be received on or about March 26, 2020, 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. 35 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Robert Schick, D.C., in an amount not to exceed $314,800 to provide chiropractic services at Contra Costa Regional Medical Center and Health Centers for the period January 1, 2020 through December 31, 2022. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 36 AWARD and AUTHORIZE the Public Words Director, or designee, to execute, a construction contract in the amount of $983,900 with Aztec Consultants, for the Bisso Data Center Improvements 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. 37 APPROVE clarification of Board action on November 19, 2019 (C.36) to reflect the correct payment limit amount of $472,050 rather than $403,200 for the contract with Kirsten Schick, D.C., for chiropractic services at Contra Costa Regional Medical 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. 38 APPROVE and AUTHORIZE the County Clerk-Recorder, or designee, to execute a contract amendment with Dominion Voting Systems, Inc., to increase the payment limit by $404,973 to a new payment limit of $5,361,700 for two additional ballot scanners, with no change to the contract term of March 1, 2018 through December 31, 2023. (100% General Fund - Elections Capital Replacement)       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 Employment and Human Services Director, or designee, to execute a    C. 39 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with CocoKids, Inc., effective March 1, 2020 to increase the payment limit by $491,942 to a new payment limit of $1,399,220 to provide additional Emergency Child Care Bridge Program for Foster Children services, with no change to term July 1, 2019 through June 30, 2020. (83% State, 17% 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. 40 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Choice In Aging, in an amount not to exceed $2,000,000 to provide Community Based Adult Services to Contra Costa Health Plan Medi-Cal Members for the period February 1, 2020 through January 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 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Behavioral Health Works, Inc., in an amount not to exceed $550,000 to provide applied behavioral analysis services to Contra Costa Health Plan Members for the period March 1, 2020 through February 28, 2022. (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 Purchasing Agent to execute on behalf of the Chief Information Officer, Department of Information Technology, purchase orders with AT&T and Presidio Networked Solutions Group, LLC, and a third-party lease agreement with Key Government Finance, Inc., in an amount not to exceed $1,233,362 for the purchase of Cisco computer equipment, switches, software, and support for a five year term, Countywide. (100% User Fees)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 43 APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the Public Works Director, an amendment to the purchase order with Lehr Auto Electric, Inc., to extend the term from January 31, 2020, through January 31, 2021, 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. 44 APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the Chief Information Officer, Department of Information Technology, purchase orders with AT&T and Presidio Networked Solutions Group, LLC., and a third-party lease agreement with Key Government Finance, Inc., in an amount not to exceed $399,806, for the purchase of Cisco computer equipment, routers, software, and support for a three year, Countywide. (100% User Fees)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 45 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner, a purchase order with Surtec Inc., in the amount of $422,500 to supply the County's detention facilities with custodial supplies/specialty products and janitorial equipment repair for the period March 1, 2020 through February 28, 2021. (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. 46 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with TRC    C. 46 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with TRC Solutions, Inc., in an amount not to exceed $54,300 to conduct an assessment of potentially hazardous waste in the Keller Canyon Landfill for the period February 1, 2020 through January 31, 2021. (100% Keller Canyon Mitigation 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 Health Services Director, or designee, to execute a contract with Total Renal Care, Inc., in an amount not to exceed $1,074,500 to provide blood treatment services including dialysis therapies for inmates at the Martinez Adult Detention Facility for the period January 27, 2020 through June 26, 2023. (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. 48 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a purchase order with Becton Dickinson and Company, in an amount not to exceed $271,872 for the purchase of reagents for the BD Totalys SlidePrep products and clinic laboratory supplies for the Contra Costa Regional Medical Center and Contra Costa Health Centers for the period April 1, 2020 through March 31, 2025. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 49 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Nazak Mozaffarieh, O.D., dba Eyes & Smiles Optometry, in an amount not to exceed $250,000 to provide optometry services to Contra Costa Health Plan members for the period April 1, 2020 through March 31, 2022. (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. 50 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Amara Hospice, LLC (dba Bridge Hospice Bay Area), effective March 1, 2020, to increase the payment limited by $400,000 to a new payment limit of $1,200,000, to provide additional hospice services for Contra Costa Health Plan members with no change in the original term January 1, 2020 through December 31, 2020. (100% Contra Costa Health Plan Enterprise Fund II)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 51 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute an amendment with Public Health Foundation Enterprises, Inc., effective January 1, 2020, to increase the payment limit by $9,613,553 to a new payment limit of $15,417,938 and extend the termination date from June 30, 2020 to June 30, 2021, to provide additional coordinated entry, outreach, shelter, transitional and permanent supportive housing for homeless youth and adults in Contra Costa County. (28% Federal; 54% State; 15% Local Grants; 3% County 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. 52 ACCEPT the 2019 Annual Report for the Bethel Island Municipal Advisory Council, as recommended by Supervisor Burgis.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 53 ACCEPT the 2019 Annual Report for the Byron Municipal Advisory Council, as recommended by Supervisor Burgis.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 54 ACCEPT the 2019 Annual Report for the Knightsen Town Advisory Council, as recommended by Supervisor Burgis.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 55 RATIFY East Contra Costa Fire Protection District Ordinance No. 2019-02, 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 C. 56 ACCEPT the January 2020 Operations Update of the 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. 57 ACCEPT the Workforce Development Board of Contra Costa County Advisory Body Annual Report for Program Year 2018-2019, as recommended by the Workforce Development 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. 58 APPROVE and AUTHORIZE the Auditor-Controller to issue a refund of overpayment of documentary transfer tax totaling an amount not to exceed $2140 to specified parties, as recommended by the County Clerk-Recorder. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 59 DECLARE as surplus and AUTHORIZE the Purchasing Agent, or designee, to dispose of fully depreciated vehicles and equipment no longer needed for public use as recommended by the Public Works Director, Countywide. (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. 60 ACCEPT quarterly report of the Post Retirement Health Benefits Trust Agreement Advisory Body, as recommended by the Post Retirement Health Benefits Trust Agreement Advisory Body.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 61 APPROVE and AUTHORIZE the Health Officer acting as the Medical Health Operational Area Coordinator, or designee, to execute the California Statewide Memorandum of Understanding for Emergency Medical and Health Disaster Response Mutual Aid and Mutual Assistance through June 30, 2029. (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. 62 ACCEPT the canvass of votes for the February 11, 2020 Special Election showing that the measures for    C. 62 ACCEPT the canvass of votes for the February 11, 2020 Special Election showing that the measures for Police Services for County Service Area P-6, Zone 2902, Unincorporated area of Lafayette, County Service Area P-6, Zone 2905, Unincorporated area of Lafayette, and County Service Area P-6, Zone 3113, Unincorporated area of El Sobrante passed, as recommended by the Clerk-Recorder. (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. 63 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Contra Costa Family Justice Alliance (dba Family Justice Center) to allow the Behavioral Health Services Division to provide services for the Senior Peer Counseling Program at the Family Justice Centers for the period January 1, 2020 through December 31, 2020. (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 APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay $6,097 to Cardionet, LLC for cardiac monitoring services provided during the month of October 2018. (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. 65 ADOPT Resolution No. 2020/63 calling and noticing election of Retirement Board Members 3 (general), 7 (safety), and 7 Alternate, as recommended by the Contra Costa County Employees’ Retirement Association 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. 66 APPROVE and AUTHORIZE the County Counsel, or her designee, to execute on behalf of the County a conflict waiver acknowledging a potential conflict of interest and consenting to Liebert Cassidy Whitmore continuing to represent the County in labor negotiations while, at the same time, representing the Town of Danville in an unrelated matter involving the investigation of the conduct of a County employee. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover   GENERAL INFORMATION The Board meets in all its capacities pursuant to Ordinance Code Section 24-2.402, including as the Housing Authority and the Successor Agency to the Redevelopment Agency. Persons who wish to address the Board should complete the form provided for that purpose and furnish a copy of any written statement to the Clerk. Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the Clerk of the Board to a majority of the members of the Board of Supervisors less than 72 hours prior to that meeting are available for public inspection at 651 Pine Street, First Floor, Room 106, Martinez, CA 94553, during normal business hours. All matters listed under CONSENT ITEMS are considered by the Board to be routine and will be enacted by one motion. There will be no separate discussion of these items unless requested by a member of the Board or a member of the public prior to the time the Board votes on the motion to adopt. Persons who wish to speak on matters set for PUBLIC HEARINGS will be heard when the Chair calls for comments from those persons who are in support thereof or in opposition thereto. After persons have spoken, the hearing is closed and the matter is subject to discussion and action by the Board. Comments on matters listed on the agenda or otherwise within the purview of the Board of Supervisors can be submitted to the office of the Clerk of the Board via mail: Board of Supervisors, 651 Pine Street Room 106, Martinez, CA 94553; by fax: 925-335-1913. The County will provide reasonable accommodations for persons with disabilities planning to attend Board meetings who contact the Clerk of the Board at least 24 hours before the meeting, at (925) 335-1900; TDD (925) 335-1915. An assistive listening device is available from the Clerk, Room 106. Copies of recordings of all or portions of a Board meeting may be purchased from the Clerk of the Board. Please telephone the Office of the Clerk of the Board, (925) 335-1900, to make the necessary arrangements. Forms are available to anyone desiring to submit an inspirational thought nomination for inclusion on the Board Agenda. Forms may be obtained at the Office of the County Administrator or Office of the Clerk of the Board, 651 Pine Street, Martinez, California. Applications for personal subscriptions to the weekly Board Agenda may be obtained by calling the Office of the Clerk of the Board, (925) 335-1900. The weekly agenda may also be viewed on the County’s Internet Web Page: www.co.contra-costa.ca.us STANDING COMMITTEES The Airport Committee (Supervisors Karen Mitchoff and Diane Burgis) meets quarterly on the second Wednesday of the month at 11:00 a.m. at the Director of Airports Office, 550 Sally Ride Drive, Concord. The Family and Human Services Committee (Supervisors John Gioia and Candace Andersen) 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 John Gioia and Karen Mitchoff) 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 Federal D. Glover and John Gioia) 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 Candace Andersen and Diane Burgis) 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 Candace Andersen 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 Sustainability Committee (Supervisors Federal D. Glover and John Gioia) meets on the fourth Monday of every other month at 1:00 p.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Transportation, Water & Infrastructure Committee (Supervisors Candace Andersen and Karen Mitchoff) meets on the second Monday of the month at 9:00 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. Airports Committee May 13, 2020 10:30 a.m.See above Family & Human Services Committee March 23, 2020 9:00 a.m.See above Finance Committee March 2, 2020 Canceled April 6, 2020 9:00 a.m.See above Hiring Outreach Oversight Committee March 9, 2020 Special Meeting 9:30 a.m.Room 108 Internal Operations Committee March 9, 2020 10:30 a.m. See above Legislation Committee March 9, 2020 1:30 p.m.See above Public Protection Committee March 23, 2020 10:30 a.m.See above Sustainability Committee April 27, 2020 1:00 p.m.See above Transportation, Water & Infrastructure Committee March 9, 2020 9:00 a.m.See above PERSONS WHO WISH TO ADDRESS THE BOARD DURING PUBLIC COMMENT OR WITH RESPECT TO AN ITEM THAT IS ON THE AGENDA, MAY BE LIMITED TO TWO (2) MINUTES A LUNCH BREAK MAY BE CALLED AT THE DISCRETION OF THE BOARD CHAIR AGENDA DEADLINE: Thursday, 12 noon, 12 days before the Tuesday Board meetings. Glossary of Acronyms, Abbreviations, and other Terms (in alphabetical order): Contra Costa County has a policy of making limited use of acronyms, abbreviations, and industry-specific language in its Board of Supervisors meetings and written materials. Following is a list of commonly used language that may appear in oral presentations and written materials associated with Board meetings: AB Assembly Bill ABAG Association of Bay Area Governments ACA Assembly Constitutional Amendment ADA Americans with Disabilities Act of 1990 AFSCME American Federation of State County and Municipal Employees AICP American Institute of Certified Planners AIDS Acquired Immunodeficiency Syndrome ALUC Airport Land Use Commission AOD Alcohol and Other Drugs ARRA American Recovery & Reinvestment Act of 2009 BAAQMD Bay Area Air Quality Management District BART Bay Area Rapid Transit District BayRICS Bay Area Regional Interoperable Communications System BCDC Bay Conservation & Development Commission BGO Better Government Ordinance BOS Board of Supervisors CALTRANS California Department of Transportation CalWIN California Works Information Network CalWORKS California Work Opportunity and Responsibility to Kids CAER Community Awareness Emergency Response CAO County Administrative Officer or Office CCCPFD (ConFire) Contra Costa County Fire Protection District CCHP Contra Costa Health Plan CCTA Contra Costa Transportation Authority CCRMC Contra Costa Regional Medical Center CCWD Contra Costa Water District CDBG Community Development Block Grant CFDA Catalog of Federal Domestic Assistance CEQA California Environmental Quality Act CIO Chief Information Officer COLA Cost of living adjustment ConFire (CCCFPD) Contra Costa County Fire Protection District CPA Certified Public Accountant CPI Consumer Price Index CSA County Service Area CSAC California State Association of Counties CTC California Transportation Commission dba doing business as DSRIP Delivery System Reform Incentive Program EBMUD East Bay Municipal Utility District ECCFPD East Contra Costa Fire Protection District EIR Environmental Impact Report EIS Environmental Impact Statement EMCC Emergency Medical Care Committee EMS Emergency Medical Services EPSDT Early State Periodic Screening, Diagnosis and Treatment Program (Mental Health) et al. et alii (and others) FAA Federal Aviation Administration FEMA Federal Emergency Management Agency F&HS Family and Human Services Committee First 5 First Five Children and Families Commission (Proposition 10) FTE Full Time Equivalent FY Fiscal Year GHAD Geologic Hazard Abatement District GIS Geographic Information System HCD (State Dept of) Housing & Community Development HHS (State Dept of ) Health and Human Services HIPAA Health Insurance Portability and Accountability Act HIV Human Immunodeficiency Syndrome HOV High Occupancy Vehicle HR Human Resources HUD United States Department of Housing and Urban Development IHSS In-Home Supportive Services Inc. Incorporated IOC Internal Operations Committee ISO Industrial Safety Ordinance JPA Joint (exercise of) Powers Authority or Agreement Lamorinda Lafayette-Moraga-Orinda Area LAFCo Local Agency Formation Commission LLC Limited Liability Company LLP Limited Liability Partnership Local 1 Public Employees Union Local 1 LVN Licensed Vocational Nurse MAC Municipal Advisory Council MBE Minority Business Enterprise M.D. Medical Doctor M.F.T. Marriage and Family Therapist MIS Management Information System MOE Maintenance of Effort MOU Memorandum of Understanding MTC Metropolitan Transportation Commission NACo National Association of Counties NEPA National Environmental Policy Act OB-GYN Obstetrics and Gynecology O.D. Doctor of Optometry OES-EOC Office of Emergency Services-Emergency Operations Center OPEB Other Post Employment Benefits OSHA Occupational Safety and Health Administration PARS Public Agencies Retirement Services PEPRA Public Employees Pension Reform Act Psy.D. Doctor of Psychology RDA Redevelopment Agency RFI Request For Information RFP Request For Proposal RFQ Request For Qualifications RN Registered Nurse SB Senate Bill SBE Small Business Enterprise SEIU Service Employees International Union SUASI Super Urban Area Security Initiative SWAT Southwest Area Transportation Committee TRANSPAC Transportation Partnership & Cooperation (Central) TRANSPLAN Transportation Planning Committee (East County) TRE or TTE Trustee TWIC Transportation, Water and Infrastructure Committee UASI Urban Area Security Initiative VA Department of Veterans Affairs vs. versus (against) WAN Wide Area Network WBE Women Business Enterprise WCCTAC West Contra Costa Transportation Advisory Committee RECOMMENDATION(S): 1.OPEN the public hearing on an appeal of the County Planning Commission’s approval of a tree permit, RECEIVE testimony, and CLOSE the public hearing. 2. DETERMINE that the proposed project is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15303(a) (new construction of one single-family residence). 3. DENY the appeals of Patricia McGregor, William Schultz, and Bronwyn Shone. 4. APPROVE a tree permit to allow the removal of 22 code-protected trees and work within the driplines of six code-protected trees for the purpose of constructing a new single-family residence on West Newell Avenue in the unincorporated Saranap area, County File #TP19-0036. 5. APPROVE the attached findings and conditions of approval for County File #TP19-0036. 6. DIRECT the Department of Conservation and Development to file a CEQA Notice of Exemption with the County Clerk. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact: Susan Johnson, 925-674-7868 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: D.3 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:February 25, 2020 Contra Costa County Subject:Tree permit appeal for a new single-family residence on West Newell Avenue in Walnut Creek FISCAL IMPACT: The applicants are responsible for all of the time and material costs associated with processing the application. BACKGROUND: Project Description This is a hearing for an appeal of the County Planning Commission’s decision to deny an appeal and uphold the decision of the County Zoning Administrator to approve a tree permit to allow the removal of 22 code-protected trees and work within the driplines of six (6) code-protected trees for the purpose of constructing a new, two-story, single-family residence and retaining walls on a vacant parcel in the Walnut Creek/Saranap area of unincorporated Contra Costa County. The trees to be removed include thirteen (13) coast live oak trees ranging in size from 7 inches to 43.5 inches in diameter, six (6) valley oak trees ranging in size from 8 inches to 38 inches in diameter, two (2) multi-stemmed California buckeye trees, and one (1) multi-stemmed plum tree. The trees that would be subjected to dripline encroachment include three (3) coast live oak trees ranging in size from 10 inches to 17.5 inches in diameter, including a multi-stemmed coast live oak tree, two (2) coast redwood trees ranging in size from 10 inches to 12 inches in diameter, and one (1) 33-inch valley oak tree. The applicants are also proposing to underground a portion of the overhead utility lines that run north to south on the subject property, necessitating the removal of seven (7) out of the 22 code-protected trees proposed for removal. Project Background The subject property is a vacant 2.56-acre parcel located at the end of West Newell Avenue, south of Olympic Boulevard and west of 2776 West Newell Avenue, in the Saranap area of unincorporated Contra Costa County. A small portion of the northwest corner of the subject property is located within the City of Lafayette. The project site is heavily wooded and generally slopes upwards from the northeastern corner (lowest point) of the property towards the southwestern corner of the of the subject parcel (highest point). Overhead utility lines run in an east to west direction along West Newell Avenue towards the middle of the property, and then change to a north to south direction, connecting to a power pole located off Olympic Boulevard. West Newell Avenue provides access to the site and a private easement that is located along the southern portion of the eastern property line provides access to two adjacent properties (2776 West Newell Avenue and a vacant parcel south of the project site). Due to the topography of the parcel, and the location of overhead utility lines and the access easement on the subject property, viable development is limited to the northeastern portion of the lot (where the proposed residence is located). On July 18, 2019, an application (County File #TP19-0036) was submitted for the removal of 21 code-protected trees and for work within the driplines of four (4) code-protected trees for the purpose of constructing a new, two-story, single-family residence and retaining walls on a vacant parcel. During the public notification period, one (1) appeal of the Zoning Administrator’s decision to tentatively approve the project was received on August 22, 2019. An amendment to the appeal was submitted on August 26, 2019. After the project was appealed, modifications were made to the project plans to incorporate a widened driveway on the eastern side of the property, adjacent to West Newell Avenue. As a result of the widened driveway, one (1) additional multi-stemmed coast live oak tree is proposed for removal and work will also occur within the driplines of two (2) additional coast live oak trees. Therefore, the project scope was amended to include the removal of 22 code-protected trees and work within the driplines of six (6) code-protected trees. Accordingly, Condition of Approval #4 of the attached Findings and Conditions of Approval, was amended to require a cash or surety bond sufficient to cover the preparation of a landscaping and irrigation plan (for the planting of up to six (6) 15-gallon-size trees of species appropriate for the subject site), by a licensed landscape architect, arborist, or landscape contractor, in the event that construction activity damages trees that are to be preserved. At the December 11, 2019 County Planning Commission Meeting, the Commission upheld the County Zoning Administrator’s decision and denied the appeal. The motion was passed by the Commission with a 4-3 vote. The Commission's motion included the addition of a condition of approval that required that the trees not be removed until a building permit for construction of the residence is issued (see COA #10 in the attached conditions of approval). In addition to the condition of approval added by the Planning Commission, staff has also added an indemnification requirement to the attached conditions of approval (COA #11). Two appeals have been filed on the matter, one by Patricia McGregor and William Schultz and the other by Bronwyn Shone. Appeal of the County Planning Commission’s Decision On December 20, 2019, Patricia McGregor and William Schultz filed an appeal with the Department of Conservation and Development, Community Development Division, over the decision of the County Planning Commission to deny the appeal and uphold the decision of the County Zoning Administrator to approve County File #TP19-0036. The appeal points have been summarized and addressed below: Patricia McGregor and William Schultz, 2776 West Newell Avenue, Walnut Creek, CA 94595 Summary of Appeal Point #1: The two oak trees identified as #36 and #37 should be saved because their removal would adversely affect appellants’ oak tree #38. Staff Response: Tree #36 is located within the footprint of the proposed residence, and therefore cannot be saved. Tree #37 cannot be saved because it would be structurally compromised during construction, and not survive construction impacts. Pursuant to an email from the applicant on September 24, 2019, the gas service location for the proposed residence cannot be changed because the service comes from West Newell Avenue, from the east. Additionally, the gas line cannot be located on the south side of the home since PG&E does not permit gas lines next to drainage or wet utilities. Based on this information, the consulting arborist concluded that, if the trench for the gas line is aligned with the side of the residence adjacent to the trunk of tree #37, the trenching depth extends to 3 feet below grade, and the utility must be installed via open trench, then the tree will need to be removed as it will be structurally compromised and is highly likely to fall over. Furthermore, if tree #37 were to remain, major limbs would hang over the proposed residence, and pursuant to a statement from Cyrus Mashhoodi, P.E., tree #37 would be within 5 feet of the new foundation and may affect the integrity of the foundation in the future. Therefore, based on the project arborist's recommendation both trees #36 and #37 are recommended to be approved for removal. With regard to tree #38, the arborist report prepared by Jennifer Tso, a Certified Arborist with Traverso Tree Service, takes into account that tree #36 and tree #37 are proposed for removal. The arborist report provides pre-construction and construction phase recommendations for the protection of the trees that could be impacted by construction activities, which includes protecting tree #38. Condition of Approval #5 requires the applicant to implement all measures recommended by the consulting arborist that are #5 requires the applicant to implement all measures recommended by the consulting arborist that are intended to mitigate potential construction-related impacts. These recommended measures include (but are not limited to) the following: Footings of the proposed retaining wall within 15 feet of tree #38 shall be dug by hand for the top 3 feet of soil. Project arborist shall be consulted for recommendations if roots ≥ 2 inches in diameter are encountered; footings shall be adjusted to save large roots. Fill/grading shall be done by hand within 20 feet of tree #38 with minimal compaction. Keep fill at least 12 inches clear of its trunk. Additionally, prior to the start of construction or any clearing, stockpiling, trenching, grading, compaction, paving or change in ground elevation on site with the trees to be preserved, Condition of Approval #7 requires the applicants to install protective fencing at or beyond the drip lines of the trees to be preserved and along the boundaries of all other protected trees within the vicinity of construction. The fencing shall remain in place for the duration of construction activities and the construction plans shall stipulate on their face where temporary fencing is to be placed. Thus, based on the arborist report prepared by Jennifer Tso, Certified Arborist, with Traverso Tree Service, tree #38 should survive construction impacts, which includes the removal of tree #36 and tree #37, as long as the applicant implements all measures recommended by the consulting arborist that are intended to mitigate potential construction-related impacts. Summary of Appeal Point #2: The lot is substandard in size for the proposed development. Most of the property is designated as Open Space and the site plan should illustrate this. In addition, the residence would be significantly larger than any other home built on West Newell Avenue. The house can be made smaller or relocated in order to save trees #36 and #37. The removal of large oak trees will cause significant visual impacts. Staff Response: Pursuant to County Code Section 82-10.002(c), any lot of less area or width than required by Divisions 82 and 84 would be considered a “small lot”. Since the subject property is located within the Single-Family Residential Zoning District (R-20), the minimum lot area required is 20,000 square-feet and the minimum lot width required is 120 feet. The subject property is 2.56 acres in area and has an average width of approximately 285 feet. Thus, the project site is not a “small lot”. The subject property has a General Plan land use designation of Single-Family Residential – Low Density (SL) and Open Space (OS). Both General Plan land use designations (SL and OS) allow for the construction of one single-family residence on an existing, legal lot. Additionally, the proposed residence would be located on the northeastern portion of the lot, entirely within the SL General Plan land use designation portion of the property. Furthermore, according to Table 3-5 of the Land Use Element of the County’s General Plan, the Single-Family Residential zoning status of the subject parcel is consistent with the corresponding SL General Plan land use designation of the portion of the property to be developed. Since the Open Space General Plan designation is not a scenic easement, the applicant is not required to illustrate the boundaries of the underlying General Plan land use designations on the site plan. Moreover, General Plan and Zoning maps are provided as attachments with this report. Development is limited to the northeastern portion of the lot due to topography, the location of overhead utility lines, and the location of a 25-foot wide access easement along the southern portion of the eastern property line. Despite these limitations, the new residence would be located at the base of the hillside on the flattest portion of the lot, and meet all of the required development standards pursuant to the R-20 Zoning District. Since the project site is not a “small lot” and the proposed development is not subject to design review, it would be unreasonable to limit the size of the residence based on the size of homes built on West Newell Avenue in the late 1940s. In general, homes built 70 – 80 years ago tend to be smaller than recently developed and/or remodeled homes. Furthermore, if the applicants were to remove the top story of the proposed two-story residence it would be similar in size to smaller homes located on West Newell Avenue, but the footprint of the proposed residence would remain the same and impacts to existing trees would remain the same. It should also be noted that larger homes do exist off Olympic Boulevard (across the road from the project site). These homes have between 2,730 and 14,605 square feet of living area (per the Assessor’s records). The proposed residence will have 3,492.5 square-feet of living area, which is compatible in size with the aforementioned nearby residences. With regard to the preservation of trees on private property to preserve scenic beauty, it is important to note that only a small portion of the 2.56-acre parcel would be developed, thus minimally compromising the aesthetic beauty of the overall project site. Also, pursuant to Figure 5-4 (Scenic Routes Plan) and Figure 9-1 (Scenic Ridges and Waterways) of the Transportation and Circulation Element of the County’s General Plan (2005 - 2020), neither West Newell Avenue nor Olympic Boulevard have been identified as scenic routes and the hillside located on the subject property has not been identified as a County designated scenic ridge. Furthermore, since the subject property is located at the end of West Newell Avenue, and the proposed residence would be located at the base of the hillside on the flattest portion of the lot, the proposed development would not be visible from most nearby residences. Summary of Appeal Point #3: Trees #36 and #37 provide soil stabilization. Due to a downward slope toward appellants’ home, the proposed 2-foot retaining wall would not provide the same support for stabilizing the ground. Staff Response: A licensed civil engineer has prepared the grading and drainage plans. These plans will be reviewed by the Building Inspection Department during the plan check process, prior to issuance of a building permit. A geotechnical report for the site has been provided by the applicant and reviewed by staff. The geotechnical report did not indicate that any issues with erosion or potential landslides at the site would occur with the removal of the trees. According to the report, the site is suitable for the proposed development provided the recommendations contained within the attached geotechnical report are incorporated into the project designs and adhered to during construction. As further discussed below, Public Works has reviewed drainage issues on site and has not identified significant concerns. Therefore, it is not reasonably likely that tree removal will cause problems with drainage, erosion control, or land stability. In addition, no documentation has been submitted to support the claim that a 2-foot retaining wall is insufficient. The applicants will be required to submit structural calculations for the proposed retaining walls during the plan check process, prior to issuance of a building permit. Summary of Appeal Point #4: A geotechnical engineering report is warranted. Staff Response: It should be noted that submittal of a geotechnical report is not required prior to approval of a tree permit. However, a geotechnical report is required as part of the submittal for a building permit and/or grading permit and such report has been submitted for this project. (please see the attached geotechnical report prepared by Bear Engineering, dated June 18, 2019). As stated above, according to the geotechnical report prepared for the project, the site is suitable for the proposed development provided the recommendations contained within the attached geotechnical report are incorporated into the project designs and adhered to during construction. Summary of Appeal Point #5: The current gutter and drainage system on West Newell Avenue will be overwhelmed by the increased storm water runoff caused by the construction of the house and removal of the trees. removal of the trees. Staff Response: Pursuant to the Public Works Department, impacts would be minimal and per the Public Works Maintenance Division, they have received no significant calls over the last 5 years regarding the subject area, other than complaints about issues such as minor debris blocking culverts. In 2003 – 2004, the cause of the complaints regarding an area east of the subject area turned out to be runoff from the hill to the south, not at the end of West Newell Avenue. All new building permits for homes (at least 1,000 square-feet or larger) are routed to Grading Inspection during the building permit plan check process. Grading Inspection reviews the grading and drainage plans per the grading/drainage ordinance. If necessary, Grading Inspection will forward certain projects to the Public Works Department for a drainage permit. A building permit will not be issued until the drainage and grading plans are approved by Grading Inspection. Condition of Approval #10 prevents the removal of any trees before a building permit is obtained. Summary of Appeal Point #6: If the applicants are able to underground the power lines on the hillside, despite PG&E being unable to do so given the steepness of the hillside, then the proposed development should not be exempt from the California Environmental Quality Act because the hillside will become unstable. Staff Response: The applicants are proposing to underground a portion of the overhead utility lines that run north to south on the subject property, necessitating the removal of seven (7) out of the 22 code-protected trees proposed for removal. No documentation has been submitted to support the claim that PG&E has or will deny the applicants’ request to underground this portion of the overhead utility lines. Ultimately, this decision is not under the purview of the County and the applicants are responsible for complying with PG&E’s rules and regulations regarding the undergrounding of overheard power lines. The proposed project is exempt under CEQA Guidelines, Section 15303(a), regarding “New Construction”, which exempts the construction of one single-family residence in a residential zone (from environmental review). As previously stated, the applicants are responsible for complying with PG&E’s rules and regulations regarding the undergrounding of overhead power lines, which includes paying for PG&E engineering, project management, and materials costs (through PG&E). Furthermore, pursuant to Figure 5-4 (Scenic Routes Plan) and Figure 9-1 (Scenic Ridges and Waterways) of the Transportation and Circulation Element of the County’s General Plan (2005 - 2020), neither West Newell Avenue nor Olympic Boulevard have been identified as scenic routes and the hillside located on the subject property has not been identified as a County designated scenic ridge. Summary of Appeal Point #7: The removal of the trees would negatively affect the value of appellants’ home and that of the surrounding homes. Staff Response: Trees proposed for removal are either within the footprint of the proposed residence, would not survive construction impacts, or are proposed for removal in order to underground a portion of the overhead utility lines that run north to south on the subject property, necessitating the removal of seven (7) out of the 22 code-protected trees proposed for removal. Pursuant to an email from the consulting arborist on August 1, 2019, the arborist recommended that no more than three (3) trees be replanted based on the location of remaining trees, the footprint of the residence, and the location of utility easements. Condition of Approval #3 of the attached Findings and Conditions of Approval will require the applicant to plant three (3) native-species trees, minimum 15 gallon in size, or an equivalent planting contribution as determined appropriate by CDD. New construction will usually increase property value, which in turn adds value to the neighborhood. Furthermore, pursuant to a diagram prepared by the applicant (see attached Existing Tree Count diagram), even after removal of 22 trees, at least 114 trees (6 ½ inches or greater in diameter), would remain. Summary of Appeal Point #8: The County Planning Commission incorrectly determined that staff can add conditions of approval to the tree permit after the tree permit is approved. Staff Response: The County Planning Commission raised several questions about documents that would be required as part of the submittal for the building permit (e.g., a geotechnical report). The applicants cannot submit for a building permit until the tree permit is approved and they are not required to provide a geotechnical report with the permit application. However, a geotechnical report is required as part of the submittal for a building permit and/or grading permit and such report has been submitted. Please see the attached geotechnical report prepared by Bear Engineering, dated June 18, 2019. In addition, before approving County File #TP19-0036, the County Planning Commission added the following condition of approval: “Trees approved for removal under this permit may not be removed until a building permit has been obtained.” Summary of Appeal Point #9: A two-page letter, prepared by Joseph McNeil, Certified Arborist, with McNeil Arboriculture Consultants LLC was attached with the appeal letter. The comments and questions raised in Joseph McNeil’s letter relate to the potential impacts the proposed development will have on tree #38. Staff Response: The applicant’s arborist, Jennifer Tso, Certified Arborist, with Traverso Tree Service, provided a response to Joseph McNeil’s letter. Please see attached “Response to Recommendations by Neighbor’s Arborist” letter. In addition, per the applicants’ civil engineer, Comment # 2 (last paragraph on the first page) is incorrect. Per the applicants’ civil engineer, there is no cut at any portion of this wall. It is fill and there is fill within 2 feet of the trunk base. The fill is gradual and non-compacted. The grade/fill is approximately 24 inches higher than existing grade, 17 feet away from the subject tree (tree #38). On December 23, 2019, Bronwyn Shone filed an appeal with the Department of Conservation and Development, Community Development Division, over the decision of the County Planning Commission to deny the appeal and uphold the decision of the County Zoning Administrator to approve County File #TP19-0036. The appeal points have been summarized and addressed below: Bronwyn Shone, 2757 West Newell Avenue, Walnut Creek, CA 94595 Summary of Appeal Point #1: Paper copies of the of the Staff Report, Conditions of Approval, and attachments were not received 96 hours before the Planning Commission Meeting on December 11, 2019. Staff Response: The appellants were emailed a link to the Staff Report, Conditions of Approval, and attachments, which were available on the County’s website, on Thursday, December 5, 2019, more than 96 hours before the hearing date. Per the Better Government Ordinance, “at least 96 hours in advance of a regular scheduled meeting, all staff reports and other materials prepared or forwarded by staff that provide background information and recommendation on agenda items must be made available to the public and to members of the body” (Ord. § 25-2.206 (a)). Paper copies of the Staff Report, Conditions of Approval, and attachments were mailed to the appellants as a courtesy. Summary of Appeal Point #2: Lack of transparency - the applicant walked up to the staff table and communicated with staff several times throughout the Planning Commission Meeting. These conversations were not made public. Staff Response: Questions asked by the Planning Commission as part of the public hearing process were answered directly into the microphone. Summary of Appeal Point #3: Can a fire truck turn around? Staff Response: The project site is within the Contra Costa Fire Protection District’s (CCFPD) jurisdiction. The applicants submitted an application (with project plans) to the Fire District on 9-30-2019. Todd Schiess with the CCFPD reviewed and approved the emergency access for the project site on 10/7/2019 (see attached letter from the CCFPD and email from Todd Schiess). Summary of Appeal Point #4: Was the Department of Fish and Wildlife consulted regarding potential impacts to protected species, such as the whipsnake, at the project site? Staff Response: The proposed project is exempt under CEQA Guidelines, Section 15303(a), regarding “New Construction”, which exempts the construction of one single-family residence in a residential zone (from environmental review). Additionally, the most important natural areas in the County, including habitats of rare, threatened and endangered species (such as the Alameda whipsnake), and wetland areas, are inventoried and briefly described in Table 8-1 in the Conservation Element of the Contra Costa County General Plan (2005-2020). The generalized locations of each significant ecological area are shown in Figure 8-1. Pursuant to Figure 8-1, the subject site is not located within a significant ecological area. Summary of Appeal Point #5: Did the Zoning Administrator review the revised plans? Staff Response: Yes, the Zoning Administrator reviewed the plans that were presented at the December 11, 2019 County Planning Commission Meeting. However, since the plans were revised to incorporate a widened driveway after the project was appealed (as mentioned under the Project Background section of this Board Order), it was at the discretion of the County Planning Commission to approve or deny the initial appeal based on the revised project scope. Summary of Appeal Point #6: What are the impacts of additional drainage on West Newell Avenue, which is already challenged by an outdated drain system? Staff Response: Pursuant to a statement from the applicant, and as shown on Sheet C.3.1, the impervious areas are divided into drainage areas. Each drainage area is labeled with its size in square feet and to where it drains on-site. The design incorporates stormwater treatment in the form of bio-treatment planters, vegetated areas and self-retainment areas. In addition, the biotreatment planters are designed to provide volume detention control above the County stormwater requirement so as to control and mitigate the stormwater runoff flow rate exiting the property to West Newell as per County C.3 volume control calculations. Additionally, pursuant to the Public Works Department, impacts would be minimal and per the Public Works Maintenance Division, they have received no significant calls over the last 5 years regarding the subject area, other than complaints about issues such as minor debris blocking culverts. Back in 2003 – 2004, the cause of the complaints regarding an area east of the subject area turned out to be runoff from the hill to the south, not at the end of West Newell Avenue. Summary of Appeal Point #7: Add a Conditional of Approval requiring the applicants to obtain a drainage permit prior to removal of any trees. Staff Response: All new building permits for homes (at least 1,000 square-feet or larger) are routed to Grading Inspection during the building permit plan check process. Grading Inspection reviews the grading and drainage plans per the grading/drainage ordinance. If necessary, Grading Inspection will forward certain projects to the Public Works Department for a drainage permit. A building permit will not be issued until the drainage and grading plans are approved by Grading Inspection. Condition of Approval #10 prevents the removal of any trees before a building permit is obtained. Therefore, whether or not a drainage permit is required, will be determined during the building permit plan check process. Summary of Appeal Point #8: The project requires the removal of 22 trees. However, Condition of Approval #3 only requires the applicants to replant three (3) trees. This is unbalanced and conflicts with Measure 8-h of the Conservation Element of the Contra Costa County General Plan (2005-2020). Off-site restitution for tree removal should be considered. Staff Response: The current County Tree Protection and Preservation ordinance does not provide a restitution formula for tree removal. Instead, the required restitution was based on the recommendation from the consulting arborist. Pursuant to an email received on August 1, 2019, the consulting arborist recommended that no more than three (3) trees be replanted based on the location of remaining trees, the footprint of the residence, and the location of utility easements. Condition of Approval #3 of the attached Findings and Conditions of Approval will require the applicant to plant three (3) native-species trees, minimum 15 gallon in size, or an equivalent planting contribution as determined appropriate by CDD. The purpose of the Contra Costa County General Plan (2005-2020) is to express the broad goals and policies, and specific implementation measures, which will guide decisions on future growth, development, and the conservation of resources through the year 2020. Although Vegetation and Wildlife Implementation Measure 8-h of the Conservation Element of the Contra Costa County General Plan (2005-2020) states, “Amend the ordinance to require developers to pay mitigation costs according to an adopted schedule, such as requiring, where appropriate, and to the extent legally permissible, that three new trees be planted for every one mature tree removed as part of a development”, the current County Tree Protection and Preservation ordinance has not been amended to incorporate this goal/policy. In addition, no corresponding mitigation bank currently exists. Thus, off-site restitution for tree removal cannot be required until the current County Tree Protection and Preservation ordinance is amended. Summary of Appeal Point #9: The developable area of the subject parcel is small compared to the developable area of lots in the surrounding neighborhood. Therefore, the subject parcel should be considered a “small lot” and the proposed development should be subject to design review. Staff Response: Pursuant to County Code Section 82-10.002(c), any lot of less area or width than required by Divisions 82 and 84, that qualifies for occupancy by a single-family dwelling, is subject to design review. Therefore, whether or not a residential development project is subject to “small lot design review” is based on the size and width of the lot proposed for residential development, not the perceived developable area of said lot. The subject property is located within the Single-Family Residential Zoning District (R 20). The minimum lot area required in the R-20 Zoning District is 20,000 square-feet. The minimum lot width required in the R-20 Zoning District is 120 feet. The subject property is 2.56 acres in area and has an average width of approximately 285 feet. Thus, the proposed development is not subject to design review. General Plan Consistency The subject property has a General Plan land use designation of Single-Family Residential – Low Density (SL) and Open Space (OS). The SL General Plan land use designation allows a range of 1.0 and 2.9 single-family units per net acre. Although the most appropriate uses in Open Space areas involve resource management or low-intensity, private recreation for nearby residents, both General Plan land use designations (SL and OS) allow for the construction of one single-family residence on an existing, legal lot. Additionally, the proposed residence would be located on the northeastern portion of the lot, entirely within the SL General Plan land use designation portion of the property. Furthermore, according to Table 3-5 of the Land Use Element of the County’s General Plan, the Single-Family Residential zoning status of the subject parcel is consistent with the corresponding SL General Plan land use designation of the portion of the property to be developed. Located in the Saranap area of Walnut Creek, the project is also subject to specific policies in the Contra Costa County General Plan (2005-2020). The County’s General Plan policies for the Saranap area state that the undeveloped hillside south of Olympic Boulevard and west of Tice Valley Boulevard is designated for Single-Family Residential – Medium Density development along the base of the hill along Olympic, with the remainder of the site designated as Agricultural Lands and Open Space, to reflect the steep, unbuildable slopes. Proposed construction takes place at the base of the hillside and no construction is proposed within the area of the parcel with an Open Space (OS) General Plan land use designation. The proposed residence would be located on the northeastern portion of the subject lot at least 140 horizontal feet from the ridgeline along the southwestern property line. Therefore, the project as proposed is consistent with the policies set forth for the Saranap area of Walnut Creek area pursuant to the County’s General Plan. Zoning Compliance The subject property is located within the Single-Family Residential Zoning District (R-20). A detached single-family dwelling is a use allowed by right within this zoning district. However, pursuant to County Code Section 816-6.6004 of the Tree Protection and Preservation ordinance, all trees measuring twenty inches or larger in circumference (approximately 6.5 inches in diameter), as measured four and one-half feet from ground level, on undeveloped property within any zoning district, are code protected trees. Since the construction of the new, two-story single-family residence and retaining walls would require the removal of 22 code-protected trees and work within the driplines of six (6) code-protected trees, the applicants were required to submit a tree permit application before submitting for building permits. Development is limited to the northeastern portion of the lot due to topography, the location of overhead utility lines, and the location of a 25-foot wide access easement along the southern portion of the eastern property line. Despite these limitations, the new residence would be located at the base of the hillside on the flattest portion of the lot, and meet all of the required development standards pursuant to the R-20 zoning district. As proposed, the residence would be set back 25 feet from the front property line (property line adjacent to the private road easement), set back 15 feet from the eastern side yard property line, more than 20 feet from the secondary front property line (portion of the property adjacent to Olympic Boulevard), more than 20 feet from the northwestern side yard property line, more than 15 feet from the rear (southwestern) property line, and more than 20 feet from the southeastern side yard property line. Additionally, the new residence will be 24 feet tall, but measure 27 feet tall from existing grade (due to the proposed grading for the residence), thus complying with the 35-foot height limitation for residences in the R-20 zoning district. Additionally, Condition of Approval #9 ensures that any retaining wall, not meeting the required setbacks (e.g.: the retaining wall located along the northern portion of the eastern property line), shall not exceed 3 feet in height. Condition of Approval #10 prevents the removal of any trees before a building permit is obtained. Since a detached single-family residence is a permitted use and does not conflict with the residential nature of the surrounding neighborhood, it meets the intent and purpose of the R-20 Zoning District and is an appropriate use for the site. Conclusion The purpose of the County’s Tree Protection and Preservation ordinance is to provide for the protection of trees on private property by controlling tree removal while allowing for the reasonable enjoyment of private property rights and property development. Staff finds that the proposed development is consistent with the Single-Family Residential Low-Density (SL) General Plan land use designation and complies with the intent and purpose of the Single-Family Residential District (R-20). Therefore, staff recommends that the Board of Supervisors deny the appeals and sustain the County Planning Commission’s approval of County File #TP19-0036, based on the attached findings and subject to the attached conditions of approval. CONSEQUENCE OF NEGATIVE ACTION: If the Board of Supervisors grants the appeal, the County Planning Commission’s decision to uphold the County Zoning Administrator’s approval of the tree permit, to allow the removal of 22 code-protected trees and work within the driplines of six (6) code-protected trees for the purpose of constructing a new, two-story, single-family residence and retaining walls on a vacant parcel, will be overturned. The applicants, Tambri Heyden and David Montalbo, would be unable to move forward with the project as proposed. CLERK'S ADDENDUM Speakers: David Montalbo and Tambri Heyden (Applicants), Patricia McGregor and William Schultz (Appellants); Bronwyn Shone (Appellant); Diana Daniels; Mary Thiessen; Joe McNeil, resident of Pleasant Hill; Edward Soares, resident of Walnut Creek; Allan Moore, resident of Walnut Creek; John Bakker, resident of Oakland; Clarence Lehman. Written materials were provided by (attached): Mary Thiessen and Bob Thiessen, Corrina Gould, Confederated Villages of Lisjan; Bronwyn Shone. 1. CLOSED the public hearing; 2. DETERMINED that the proposed project is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15303(a) (new construction of one single-family residence); 3. DENIED the appeals of Patricia McGregor, William Schultz, and Bronwyn Shone; 4. APPROVED a tree permit to allow the removal of 22 code-protected trees and work within the driplines of six code-protected trees for the purpose of constructing a new single-family residence on West Newell Avenue in the unincorporated Saranap area, County File #TP19-0036; 5. DIRECTED staff to add Conditions of Approval to the permit to: a. Require a pre-construction survey to examine the possible existence of nesting birds b. Address the possible finding of archeological remains during the work b. Address the possible finding of archeological remains during the work c. Require the developer to provide restroom facility for workers on site d. Require the developer to ensure surrounding neighbors are provided with contact information for the County to report any observed violations 6. APPROVE the findings and conditions of approval for County File #TP19-0036; 7. DIRECTED the Department of Conservation and Development to file a CEQA Notice of Exemption with the County Clerk. AGENDA ATTACHMENTS Findings and Conditions of Approval McGregor/Schultz Appeal Letter Bronwyn Shone Appeal Letter Maps Tree Protection and Removal Plan (Trees Proposed for Removal are Highlighted in Yellow) Project Plans Revised Arborist Report Arborist Report Addendum Existing Tree Count Email Exchange Between Arborist and Applicant, between August 1, 2019 - August 13, 2019 Email Exchange Between Arborist and Applicant, between September 24, 2019 - October 3, 2019 Consulting Arborist's Response to Apellant's Arborist Letter Letter from Cyrus Mashhoodi, P.E. CCCFPD Approval Letter Email from CCCFPD Geotechnical Report from Bear Engineering Group PowerPoint Presentation MINUTES ATTACHMENTS Correspondence Received-Petition Correspondence Received-Petition 1 FINDINGS AND CONDITIONS OF APPROVAL FOR COUNTY FILE #TP19-0036, TAMBRI HEYDEN & DAVID MONTALBO (APPLICANT & OWNER); I. FINDINGS A. Required Factors for Granting Permit. The Zoning Administrator is satisfied that the following factors as provided by County Code Section 816-6.8010 for granting a tree permit have been satisfied:  Reasonable development of the property would require removal and/or work within the dripline of code-protected trees, and this development could not be reasonably accommodated on another area of the lot. Development is limited to the northeastern portion of the lot due to topography (the project site generally slopes upwards from the northeastern corner of the property towards the southwestern corner of the of the subject parcel), the location of overhead utility lines, and the location of a 25-foot wide access easement along the southern portion of the eastern property line. The applicant is also proposing to underground a portion of the overhead utility lines that run north to south on the subject property, necessitating the removal of seven (7) out of the 22 code-protected trees proposed for removal.  Where the arborist or forester report has been required, the Deputy Director for the Community Development Division is satisfied that the issuance of a permit will not negatively affect the sustainability of the resource. The project site is heavily wooded, but only a small portion of the 2.56-acre parcel would be developed. Pursuant to the site area calculations for the project, the proposed residence and other impervious improvements would make up less than 3 percent of the total area of the lot. Therefore, the majority of the property and trees remaining on the property would remain as is, protecting the sustainability of the resource. B. Required Factors for Denying a Tree Permit. The Zoning Administrator is satisfied that the following factor for denial of a tree permit has not been has not been established:  It is reasonably likely that alteration or removal of the tree will cause problems with drainage, erosion control, land stability, windscreen, visual screening, and/or privacy and said problems cannot be mitigated as part of the proposed removal of the tree. The June 18, 2019 Geotechnical Study prepared by Bear Engineering Group, Inc., for the project did not identify any potential erosion control or land stability issues for the site related to the removal of the trees. 2 II. CONDITIONS OF APPROVAL FOR COUNTY FILE #TP19-0036 Project Approval 1. This application for a Tree Permit includes the removal of 22 code-protected trees and work within the driplines of six (6) code-protected trees for the purpose of constructing a new, two- story, single-family residence and retaining walls on a vacant parcel. The trees to be removed include thirteen (13) coast live oak trees ranging in size from 7 inches to 43.5 inches in diameter, six (6) valley oak trees ranging in size from 8 inches to 38 inches in diameter, two (2) multi-stemmed California buckeye trees, and one (1) multi-stemmed plum tree. The trees that would be subjected to dripline encroachment include three (3) coast live oak trees ranging in size from 10 inches to 17.5 inches in diameter, including a multi-stemmed coast live oak tree, two (2) coast redwood trees ranging in size from 10 inches to 12 inches in diameter, and one (1) 33-inch valley oak tree. The subject property is located south of Olympic Boulevard and west of 2776 West Newell Avenue, in the Walnut Creek area of unincorporated Contra Costa County. This project is approved based on the following documents and materials submitted to the Department of Conservation and Development, Community Development Division (CDD): A. Application materials submitted on July 18, 2019; B. Revised Arborist Report prepared by Jennifer Tso, Certified Arborist with Traverso Tree Service, received on November 5, 2019; C. Arborist Report Addendum prepared by Jennifer Tso, Certified Arborist with Traverso Tree Service, received on October 10, 2019; D. As generally shown on the revised project plans received on October 10, 2019; E. As generally shown on the revised tree protection plan sheet received on November 5, 2019. Except as otherwise specified, development shall be in accord with the recommendations of the arborist report. Code-protected trees that are not included under this permit shall not be removed or altered. All grading, site and development plans shall clearly indicate trees approved for removal, alteration or otherwise affected by construction. Payment of Fees 2. This application was subject to an initial application deposit of $500.00, which was paid with the application submittal, plus time and material costs if the application review expenses exceed the initial deposit. Any additional costs due must be paid within 60 days of the permit effective date or prior to use of the permit, whichever occurs first. Pursuant to 3 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 shortly after permit issuance. Restitution for Tree Removal 3. The following measures are intended to provide restitution for the removal of code-protected trees. A. Planting and Irrigation Plan: Prior to issuance of building permits, the applicant shall submit a tree planting and irrigation plan prepared by a licensed arborist or landscape architect for the review and approval of the Department of Conservation and Development, Community Development Division (CDD). The plan shall provide for the planting of three (3) native-species trees, minimum 15 gallon in size, or an equivalent planting contribution as determined appropriate by CDD. The plan shall comply with the State’s Model Water Efficient Landscape Ordinance or the County’s Water Efficient Landscape Ordinance, if the County’s ordinance has been adopted, and verification of such shall accompany the plan. The plan shall also include an estimate prepared by a licensed landscape architect, arborist, or landscape contractor for the materials and labor costs to complete the improvements (accounting for supply, delivery, and installation of trees and irrigation). B. Required Security to Assure Completion of Plan Improvements: A security shall be provided to ensure that the approved planting and irrigation plan is implemented. Prior to issuance of building permits, the applicant shall submit a security that is acceptable to the CDD. The security shall be the amount of the approved cost estimate described in Section 3.a above, plus a 20% inflation surcharge. C. Initial Deposit for Processing of Security: The County ordinance requires that the applicant pay fees to cover all staff time and material costs for processing the required security. At the time of submittal of the security, the applicant shall pay an initial deposit of $100.00. D. Duration of Security: When the replacement trees and irrigation have been installed, the applicant shall submit a letter to the CDD, composed by a licensed landscape architect, landscape contractor, or arborist, verifying that the installation has been done in accordance with the approved planting and irrigation plan. The CDD will retain the security for a minimum of 12 months up to 24 months beyond the date of receipt of this letter. As a prerequisite of releasing the bond between 12 and 24 months, following completion of the installation, the applicant shall arrange for the consulting arborist to inspect the replacement trees and to prepare a report on the trees’ health. The report shall be submitted for the review of 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 4 year of being planted shall be replaced by another tree of the same species and size. If the CDD determines that the applicant has not been diligent in ensuring the replacement trees’ health, then all or part of the security may be used by the County to ensure that the approved restitution plan is successfully implemented. Security for Possible Damage to Trees Intended for Preservation 4. Pursuant to the requirements of Section 816-6.1204 of the Tree Protection and Preservation Ordinance, to address the possibility that construction activity damages trees that are to be preserved, the applicant shall provide the County with a security to allow for replacement of trees that are significantly damaged or destroyed by construction activity. Prior to issuance of building permits, the applicant shall provide a cash or surety bond that is acceptable to the CDD. A. Amount of Security: The security shall be an amount sufficient to cover: i. Preparation of a landscaping and irrigation plan by a licensed landscape architect, arborist, or landscape contractor for the review and approval of the CDD. The plan shall provide for planting of up to six (6) 15-gallon-size trees of species appropriate for the subject site. The plan shall comply with the State’s Model Water Efficient Landscape Ordinance or the County’s Water Efficient Landscape Ordinance, if the County’s ordinance has been adopted, and verification of such shall accompany the plan. If deemed necessary by the CDD, the plan shall be implemented prior to final building inspection. ii. The estimated materials and labor costs to complete the improvements shown on the approved planting and irrigation plan (accounting for supply, delivery, and installation of trees and irrigation). iii. An additional 20% above the costs described in Sections A.i and A.ii above to account for inflation potential. B. Initial Deposit for Processing of Security: The County ordinance requires that the applicant pay fees to cover all staff time and material costs for processing the required security. At the time of submittal of the security, the applicant shall pay an initial deposit of $100. C. Duration of Security: After the final inspection has been completed, the applicant shall submit a letter to the CDD, composed by a consulting arborist, describing any construction impacts to trees intended for preservation. The security shall be retained by the County for a minimum of 12 months and up to 24 months beyond the date of receipt of this letter. As a prerequisite of releasing the bond between 12 and 24 months, the applicant shall arrange for the consulting arborist to inspect the trees and to prepare a report on the trees’ health. The report shall be submitted to the CDD for 5 review, and it shall include any additional measures necessary for preserving the health of the trees. These measures shall be implemented by the applicant. If the CDD determines that trees intended for preservation have been damaged by development activity, and that the applicant has not been diligent in providing reasonable restitution of the damaged trees, then the CDD may require that all or part of the security be used to provide for mitigation of the trees damaged, including replacement of any trees that have died. Compliance with Arborist Recommendations 5. The applicant shall implement all measures recommended by the consulting arborist that are intended to mitigate potential construction-related impacts. Arborist Expense 6. The expenses associated with all required arborist services shall be borne by the developer and/or property owner. Construction Period Requirements and Restrictions 7. Site Preparation: Prior to the start of construction or any clearing, stockpiling, trenching, grading, compaction, paving or change in ground elevation on site with the trees to be preserved, the Applicant shall install protective fencing at or beyond the drip lines of the trees to be preserved and along the boundaries of all other protected trees within the vicinity of construction. The fencing shall remain in place for the duration of construction activities. Prior to grading or issuance of any permits, the fences may be inspected and the location thereof approved by the Building Inspection Division or Community Development Division staff. Construction plans shall stipulate on their face where temporary fencing is to be placed. The required fencing shall be installed prior to the commencement of any construction activity. 8. Contractor and/or developer shall comply with the following requirements and restrictions, which shall be stated on the face of all construction drawings for grading or building permits: A. All construction activities shall be limited to the hours of 8:00 A.M. to 5:00 P.M., Monday through Friday, and shall be prohibited on State and federal holidays. New Year’s Day (State and Federal) Martin Luther King, Jr. Day (State and Federal) Washington’s Birthday/Presidents’ Day (State and Federal) Lincoln’s Birthday (State) Cesar Chavez Day (State) Memorial Day (State and Federal) Independence Day (State and Federal) Labor Day (State and Federal) 6 Columbus Day (State and Federal) Veterans Day (State and Federal) Thanksgiving Day (State and Federal) Day after Thanksgiving (State) Christmas Day (State and Federal) For information on the actual days and dates that these holidays occur, please visit the following websites: Federal: http://www.opm.gov/Operating_Status_Schedules/fedhol/2020.asp California: http://www.ftb.ca.gov/aboutFTB/holidays.shtml B. The applicant shall immediately notify the CDD of any damage that occurs to any tree during construction. Any tree not approved for destruction or removal that dies or is significantly damaged as a result of this project shall be replaced with a tree or trees of equivalent size and of a species as approved by the CDD to be reasonably appropriate for the situation. C. No parking or storage of vehicles, equipment, machinery, or construction materials and no dumping of paints, oils, contaminated water, or any chemicals shall be permitted within the drip line of any tree to be preserved. D. No grading, compaction, stockpiling, trenching, paving, or change in ground elevation shall be permitted within the drip line of any tree intended for preservation unless such activities are indicated on the improvement plans approved by the County and addressed in the arborist reports. If any of the activities listed above occur within the drip line of a tree to be preserved, an arborist may be required to be present. The arborist shall have the authority to require implementation of measures to protect the trees. E. The applicant shall not block access to and from the private road and limit off-site construction vehicle parking. F. The applicant shall require their contractors and subcontractors to fit all internal combustion engines with mufflers that are in good condition and shall locate stationary noise-generating equipment such as air compressors as far away from existing residences as possible. G. Transporting of heavy equipment and trucks shall be limited to week days between the hours of 9:00 AM and 4:00 PM and prohibited on federal and State holidays. H. The site shall be maintained in an orderly fashion. Following the cessation of construction activity, all construction debris shall be removed from the site. 7 Retaining Walls 9. Retaining walls within the required setback areas shall not exceed 3 feet in height, as measured from existing or finished grade, whichever is lower. Tree Removal 10. Trees approved for removal under this permit may not be removed until a building permit for the new residence has been issued. Indemnification 11. Prior to submitting for building permits, the Applicant(s) shall enter into an Indemnification Agreement with the County, and the Applicant shall indemnify, defend (with counsel reasonably acceptable to the County), and hold harmless the County, its boards, commissions, officers, employees, and agents (collectively "County Parties") from any and all claims, costs, losses, actions, fees, liabilities, expenses, and damages (collectively, "Liabilities") arising from or related to the Project, the Applicant's application for a tree permit, the County's discretionary approvals for the Project, including but not limited to the County's actions pursuant to the California Environmental Quality Act and planning and zoning laws, regardless of whether those Liabilities accrue before or after Project approval. ADVISORY NOTES ADVISORY NOTES ARE NOT CONDITIONS OF APPROVAL. ADVISORY NOTES ARE PROVIDED FOR THE PURPOSE OF INFORMING THE APPLICANT OF ADDITIONAL ORDINANCES AND OTHER LEGAL REQUIREMENTS THAT MAY BE APPLICABLE TO THE PROJECT. A. NOTICE OF 90-DAY OPPORTUNITY TO PROTEST FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS PERTAINING TO THE APPROVAL OF THIS PERMIT. Pursuant to California Government Code Section 66000, et seq., the applicant has the opportunity to protest fees, dedications, reservations or exactions required as part of this project approval. To be valid, a protest must be in writing pursuant to Government Code Section 66020 and must be delivered to the Community Development Division within a 90- day period that begins on the date that this project is approved. If the 90th day falls on a day that the Community Development Division is closed, then the protest must be submitted by the end of the next business day. B. This project may be subject to the requirements of the following agencies: 8  Contra Costa County Building Inspection Division  Contra Costa County Public Works Department  Contra Costa County Fire Protection District  Central Contra Costa Sanitary District  East Bay Municipal Utility District The applicant is strongly encouraged to review these agencies’ requirements prior to continuing with the project. 0.1 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Miles0.1 Notes Contra Costa County -DOIT GIS Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0.040 1:2,257 General Plan: Single-Family Residential – Low Density (SL) and Open Space (OS) City Limits Unincorporated General Plan SV (Single Family Residential - Very Low) SL (Single Family Residential - Low) SM (Single Family Residential - Medium) SH (Single Family Residential - High) ML (Multiple Family Residential - Low) MM (Multiple Family Residential - Medium) MH (Multiple Family Residential - High) MV (Multiple Family Residential - Very High) MS (Multiple Family Residential - Very High Special) CC (Congregate Care/Senior Housing) MO (Mobile Home) M-1 (Parker Avenue Mixed Use) M-2 (Downtown/Waterfront Rodeo Mixed Use) M-3 (Pleasant Hill BART Mixed Use) M-4 (Willow Pass Road Mixed Use) M-5 (Willow Pass Road Commercial Mixed Use) M-6 (Bay Point Residential Mixed Use) M-7 (Pittsburg/Bay Point BART Station Mixed Use) M-8 (Dougherty Valley Village Center Mixed Use) M-9 (Montalvin Manor Mixed Use) M-10 (Willow Pass Business Park Mixed Use) M-11 (Appian Way Mixed Use) M-12 (Triangle Area Mixed Use) M-13 (San Pablo Dam Road Mixed Use) M-14 (Heritage Mixed Use) CO (Commercial) OF (Office) BP (Business Park) 0.1 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Miles0.1 Notes Contra Costa County -DOIT GIS Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0.040 1:2,257 Zoning: Single-Family Residential (R-20) City Limits Unincorporated Zoning R-6 (Single Family Residential) R-6, -FH -UE (Single Family Residential - Flood Hazard and Urban Farm Animal Exclusion Combining District) R-6 -SD-1 (Single Family Residential - Slope Density and Hillside Development Combining District) R-6 -TOV -K (Single Family Residential - Tree Obstruction of View Ordinance and Kensington Combining District) R-6, -UE (Single Family Residential - Urban Farm Animal Exclusion Combining District) R-6 -X (Single Family Residential - Railroad Corridor Combining District) R-7 (Single Family Residential) R-7 -X (Single Family Residential - Railroad Corridor Combining District) R-10 (Single Family Residential) R-10, -UE (Single Family Residential - Urban Farm Animal Exclusion Combining District) R-12 (Single Family Residential) R-15 (Single Family Residential) R-20 (Single Family Residential) R-20, -UE (Single Family Residential - Urban Farm Animal Exclusion Combining District) R-40 (Single Family Residential) R-40, -FH -UE (Single Family Residential - Flood Hazard and Urban Farm Animal Exclusion Combining District) R-40, -UE (Single Family Residential - Urban Farm Animal Exclusion Combining District) R-65 (Single Family Residential) R-100 (Single Family Residential) D-1 (Two Family Residential) D-1 -T (Two Family Residential - Transitional Combining District) D-1, -UE (Planned Unit - Urban Farm Animal Exclusion Combining District) M-12 (Multiple Family Residential) M-12 -FH (Multiple Family Residential - Flood Hazard Combining District) 0.1 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Miles0.1 Notes Contra Costa County -DOIT GIS Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0.040 1:2,257 Aerial Photo City Limits Unincorporated Streets Assessment Parcels World Imagery Low Resolution 15m Imagery High Resolution 60cm Imagery High Resolution 30cm Imagery Citations GEOTECHNICAL STUDY PREPARED FOR David Montalbo PROJECT NEW HOME CONSTRUCTION LOCATION Newell in Walnut Creek APN # 238-050-007 REPORT DATE June 18, 2019 PREPARED BY Bear Engineering Group, Inc. 3530 Kevin Place Concord, CA bearengineeringgroup@yahoo.com ph: 925-550-7232 PROJECT NO. 45-2019-01 Bear Engineering Group, Inc. Earth Science Consultants Mr. David Montalbo 1731 First Avenue Walnut Creek, CA 94597 Subject: Geotechnical Study (New Home Construction) Newell in Walnut Creek APN # 238-050-007 Dear Mr. Montalbo; We are pleased to present this Geotechnical Study for the proposed improvements located at the subject site. This report describes the services performed and presents our conclusions and recommended geotechnical design criteria for construction. In our opinion, the site is suitable for the proposed construction, provided the recommendations in this report are integrated into the design and implemented to during construction. We reserve the right to make ancillary recommendations at any time during construction, based on circumstances that may arise during construction. It has been a pleasure to be of service to you on this project. Should you have any questions concerning the discoveries, recommendations or conclusions of the attached report, please contact this office at your earliest convenience. Very truly yours, Bear Engineering Group, Inc. Mark L. Schroeder, P.E.M.S.G.E. Principal Engineer Bear Engineering Group, Inc. Earth Science Consultants i | P a g e G e o t e c h n i c a l S t u d y N e w e l l i n W a l n u t C r e e k A P N # 2 3 8 -0 5 0 -0 0 7 TABLE OF CONTENTS Page INTRODUCTION Section 1.1 - Project Description and Location 1 Section 1.2 - Purpose 1 Section 1.3 - Scope 1 SITE SETTING Section 2.1- Regional Geology 2 Section 2.2- Local Geologic Setting 2 Section 2.3- Seismic Setting 2 Section 2.4 Surface Fault Rupture 5 SITE EXPLORATION AND LABORATORY TESTING Section 3.1 - Field Exploration 5 Section 3.2 - Laboratory Testing 5 SUBSURFACE CONDITIONS Section 4.1 - Subsurface Conditions 5 Section 4.2 - Groundwater 6 Section 4.3 - Liquefaction 6 Section 4.4 - Settlement Potential 6 Section 4.5 - Landslide Evaluation 6 Section 4.6 - Expansive Soil 7 Section 4.7 - Findings 7 CONCLUSION Section 5.0 8 RECOMMENDATIONS Section 6.1 - Geotechnical Hazards 9 Section 6.2 - IBC 2012 Seismic Criteria 9 Section 6.3 - Grading 10 Section 6.4 - Foundation 11 Section 6.5 - Slab-on-Grade Floors 12 Section 6.6 - Miscellaneous Flatwork 12 Section 6.7 - Retaining Walls 13 Section 6.8 - Utility Trenches 13 Section 6.9 - Drainage 14 Section 6.10- Excavations 14 Section 6.11 - Plan Review 14 Section 6.12 - Construction Observations 14 Section 6.13- Site Safety 14 Section 6.14 - Miscellaneous 14 LIMITATIONS 15 REFERENCES 16 Bear Engineering Group, Inc. Earth Science Consultants ii | P a g e G e o t e c h n i c a l S t u d y N e w e l l i n W a l n u t C r e e k A P N # 2 3 8 -0 5 0 -0 0 7 LIST OF FIGURES Figure 1 - Vicinity Map Figure 2 - Geology Map Figure 3 - Bay Area Fault Map Figure 4 - Probability Map Figure 5 - Liquefaction Map Figure 6 - Landslide Susceptibility Map Figure 7 - Landslides Hazard Map Figure 8 - Boring Location Map Figure 9 - Boring Log B1 Bear Engineering Group, Inc. Earth Science Consultants 1 | P a g e G e o t e c h n i c a l S t u d y N e w e l l i n W a l n u t C r e e k A P N # 2 3 8 -0 5 0 -0 0 7 INTRODUCTION Section 1.1 - Project Description and Location The subject site is located between Olympic Boulevard and Boulevard Way intersection as shown as Figure 1. The slope is heavily vegetated with wild grasses, low shrubs and mature trees. The topography of the project area consists of valleys and their surrounding hills and ridges. The hillside consists of nonmarine sandstone with surface feature indicating moderate stability. The site is about 2 ½ acres with 80 percent of the property considered hillside with the remaining portion of the parcel. The remaining 20 percent judged to be flat. To increase the flat portion is planned to be increased by cutting will at the toe of the slope. The two-story residence is will consists of typical wood framing. Section 1.2 - Purpose The purpose of this study was to evaluate the soil and geologic characteristics relevant to the improvements of the subject parcel. General foundation engineering design and geotechnical recommendations are provided based on the physical characteristics of the subsurface materials and the geotechnical limitations created by the site's surface features. Section 1.3 - Scope The scope of our services for the proposed planned improvement construction, as set forth in our February 25, 2019 agreement included the following tasks as listed below. This phase of the study did not include assessments for toxic substances or soil or groundwater contamination:  Site reconnaissance to review existing site features and proposed boring locations.  A subsurface exploration program involving two borings to a maximum depth of 25.0 feet below existing grade unless bedrock refusal was encountered.  Soil Sampling for classification using ASTM D 2487 procedure.  Laboratory testing of selected soil samples to evaluate in-situ moisture/density and Unconfined Compression Strength (ASTM 2166) of the subsoil.  Reviewing of proposed residence layout to provided value engineering  Review of United States Geological Survey (USGS) Earthquake Hazards Program (2007), to select nearest fault source that could potentially impact the site.  Provide the near-surface Hazard Response Spectra and Design parameter seismic design criteria and per the International Residential Code (IRC)  Engineering analyses to develop geotechnical recommendations for design and construction of the project.  Preparation of this engineering report. Bear Engineering Group, Inc. Earth Science Consultants 2 | P a g e G e o t e c h n i c a l S t u d y N e w e l l i n W a l n u t C r e e k A P N # 2 3 8 -0 5 0 -0 0 7 SECTION 2.0 SITE SETTING Section 2.1- Regional Geology The subject site is situated within the eastern portion of the San Francisco Bay Area, in the Coast Range Geologic Province of California. The East Bay Hills lie within the region of coastal California referred to by geologists as the Coast Ranges geomorphic province which extends from Southern Oregon to Southern California. The Coast Range landscape is characterized throughout its length by a series of rugged, subparallel, northwest-trending mountain ranges, most of which are structurally influenced by the San Andreas rift zone stimulating mountain ranges and intervening valleys. In general, the area is underlain by Tertiary marine and non-marine sedimentary rocks developed approximately 2 million to 62 million years ago. Section 2.2- Local Geologic Setting The project site lies northwest of the San Ramon Valley, which is a basin surrounded by the East Bay Hills that were formed from younger rocks uplifted between the Hayward and Calaveras fault zones. This subject site is underlain by is underlain by Miocene Series formations. Dibblee (1980) describes the unit below site as being on the cusp of alluvium surficial deposits and nonmarine fossiliferous sandstone from the Miocene period. R.W. Graymer indicates the site is underlain by the Briones Formation as provided in Figure 2 from the same period. Section 2.3 - Seismic Setting The subject property, like all properties in the San Francisco Bay Area, is situated in a very seismically active region. Major fault zones, are fractures in the upper crust, formed when very large blocks of the Earth’s lithosphere slide along, over, or under other blocks (the lithosphere is the rigid outer part of the Earth composed of the crust and the upper mantle). The collective motion of the blocks generate shearing forces in the mantle that when released result in rupture producing fault displacements. The sudden release of elastic strain energy that accompanies fault rupture is what causes the ground to shake. Faults are not consider as a single crack in the Earth’s crust but actually reflect a very complex systems com posed of many faults not all of which are moving at the same time or in the same way. Table 1 provides estimated magnitude earthquakes from known active quaternary faults in the Bay Are with descriptions of the faults provided in subsequent paragraphs. Figure 3 illustrates the fault systems relative to the subject site. The probability is considered to be moderate to high for a major earthquake to occur in the Bay Area within the economic lifetime of the proposed structure. Several active and potentiall y active faults occur in the region. Geologic references indicate that no fault trace designated active or potentially active passes through the subject property (Graymer, Jones and Brabb, 1994). Table 1 below illustrates the fault systems capable of producing ground shaking at the subject site and there distances to the subject site. The long-term occurrence of earthquakes modeling was founded on geologic and geophysical observations and constrained by plate tectonics. The Working Group on California Earthquake Probabilities has conducted regional modeling for the known Bay Area Fault Systems. Using this model, the Working Group has developed a map with the probability estimates over a 30-year time period. The map is presented as Figure 4. The Alquist-Priolo Earthquake Fault Zoning Act was passed by the California Legislature in 1972 to mitigate the hazard of surface faulting to structures. Its intent is to increase safety and minimize the loss of life during and immediately following earthquakes by facilitating seismic retrofits to strengthen buildings against ground shaking. The Act addresses only surface fault rupture; it is not Bear Engineering Group, Inc. Earth Science Consultants 3 | P a g e G e o t e c h n i c a l S t u d y N e w e l l i n W a l n u t C r e e k A P N # 2 3 8 -0 5 0 -0 0 7 directed toward other earthquake hazards. No faults have been mapped crossing the site, and the site is not within an Alquist-Priolo Special Studies Zone (California Geological Survey [CGS], 2007). TABLE 1 BAY AREA ACTIVE FAULTS Faults Magnitude ELLSWORTH Distance from Site (miles) Fault Classification Calaveras 7.3 6.5 SE Active Concord-Green Valley Connected 6.5 5.29 NE Active Hayward 7.3 9.2 W Active Greenville Connected 6.5 12.3 SE Active Mount Diablo Thrust 6.7 6.4 SE Active San Andres 8.0 29.9 W Active Rodgers Creek 6.7 27.2 NW Active  An “active” fault is defined by the State of California as a fault that has had surface displacement within Holocene time (approximately the last 10,000 years). A “potentially active” fault has shown evidence of displacement during Quaternary time (approximately the last 2 million years). The fault classifications are derived from the Fault Activity Map of California and Adjacent Areas (Jennings, 1994).  Moment magnitude (Mw) is related to the physical size of a fault rupture and movement across a fault. Moment magnitude provides a physically meaningful measure of the size of a faulting event (CDFG, 1997). The Maximum Moment Magnitude Earthquake, derived from the joint CDMG/USGS Probabilistic Seismic Hazard Assessment for the State of California (USGS, 1996). Concord-Green Valley: The Concord Fault is a Holocene active dextral strike-slip fault characterized by aseismic creep (rate 3.0 mm/yr. to 3.5 mm/yr.; Galehouse, 2000). Three sections area associated with this fault. Section 1 traverses the town of Concord and borders the western side of Lime Ridge. The northern end of the fault is assumed to connect with the Green Valley fault. The southern extent is relatively unknown but is thought to be to be connected to Mt. Diablo Thrust Dibblee (1980 , c). Extending from Lime Ridge to the southern extent of the fault, the Concord Fault is delineated by a southwest-facing escarpment along the west side of Lime Ridge. Schwartz, 2008, suggests the activity on the fault to be during the Holocene age. The 2003 Working Group for California Earthquake Probability assigned a 4% probability that the Concord-Green Valley Fault system would produce a magnitude 6.5 or greater earthquake in the next 30 years. Calaveras Fault: Historically active major dextral strike-slip fault that is part of the larger San Andreas Fault system. The fault zone extends for about 90 miles from the San Ramon area southeast to about 19 miles south of Hollister. The fault is divided into 4 sections from north to south they are the Northern Calaveras, Central Calaveras, Southern Calaveras, and Paicines sections. North of Calaveras has a slip rate of 5-6 mm/yr. (Kelson and others, 1996). Greenville Clayton Section: Historically active dextral strike-slip faults located in the Diablo Range. The fault zone extends from northwest of Livermore Valley along the Marsh Creek and Clayton faults towards Clayton Valley. Wright and others (1982) reported that fault-related topographic features are poorly developed and differ significantly from the Marsh Creek-Greenville segment. Colburn (1961) reported that the Clayton section is generally characterized by subdued saddles and subdued hill fronts. Unruh and Sawyer (1995, 1998) suggested that slip from the Greenville fault is transferred to the Concord fault along the Mt. Diablo fold and thrust belt and that only minimal slip contin ues to the Clayton fault. Hayward Fault: This fault is located in the eastern San Francisco Bay region and generally trends along and bounds the western side of the East Bay Hills (Aydin, 1982). The fault zone has three sections (Working Group on Northern California Earthquake Probabilities, 1996. The segment boundary between the Northern and Southern Hayward faults was long considered to be delineated by the location of the Bear Engineering Group, Inc. Earth Science Consultants 4 | P a g e G e o t e c h n i c a l S t u d y N e w e l l i n W a l n u t C r e e k A P N # 2 3 8 -0 5 0 -0 0 7 northern boundary of rupture associated with the Mw~7 1868 earthquake and the sout hern boundary of rupture associated with the 1836 (Working Group on California Earthquake Probabilities, 1988). The Hayward fault is characterized by fault creep along the Northern and Southern sections. A preferred average creep rate of 4.6 mm/yr. was reported by Lienkaemper and Galehouse (1997). Mt. Diablo Thrust Fault: The Mount Diablo Thrust Fault is approximately 15 miles long, and dips at an angle of 38 degrees to the northeast. The Mount Diablo Thrust Fault is capable of generating an earthquake of magnitude MW=6.7. The predicted rupture surface begins 5 miles below the surface, and there is thus no surface expression of the fault, and a low likelihood of surface rupture in the event of a large earthquake on the fault. No large historic earthquakes a re known to have occurred on the Mount Diablo Thrust Fault. The recurrence interval for large earthquakes along the fault is predicted to be about 400 years. The peak of Mt. Diablo is the topographic culmination of the northwest -trending Mt. Diablo anticline, a southwest-vergent fold located in a restraining step between the dextral Greenville and Concord faults. Unruh and Sawyer (1997) proposed that Mt. Diablo anticline is a fault -propagation fold developed above a blind, northeast-dipping thrust fault. Based on variations in the geometry of the fold along trend, it is possible that the Mt. Diablo thrust fault is divided into at least two structural segments that are offset in a right-stepping sense. The two segments are informally referred to herein as th e “northwest segment” and “southeast segment”. The structural boundary between the two segments is interpreted to be near the town of Alamo, and is spatially associated with a northeast-trending alignment of earthquakes informally called the “Alamo swarm” (Oppenheimer and Macgregor-Scott, 1992). San Andreas Fault: San Andreas Fault zone is the principal element of the San Andreas Fault system, a network of faults with predominantly dextral strike-slip displacement that collectively accommodates the majority of relative N-S motion between the North American and Pacific plates. The San Andreas Fault zone is considered to be the Holocene and historically active dextral strike -slip fault that extends along most of coastal California. The fault zone first gained international scientific attention immediately following the great 1906 San Francisco earthquake. Lafayette-Reliez Valley Faults: The northern Calaveras fault is transferred to the interior of the northern East Bay hills by a complex system of poorly integrated strike-slip faults and shear zones that are connected by restraining step-overs. At the northern end of the Calaveras fault, the majority of dextral slip steps west across the northeast-vergent Las Trampas anticline onto the dextral Reliez Valley and Lafayette faults. Slip is transferred onto these structures from the Lafayette-Reliez Valley faults through a series of short restraining step-overs in the Briones hills region. Associated crustal shortening is responsible for creating the locally high topography of the Briones hills. The Briones lineament is associated with the "Briones swarm", a cluster of small earthquakes that form a NNW -trending alignment, and which exhibit dextral slip on NNW-striking nodal planes. Lafayette has a very high earthquake risk, with a total of 3,144 earthquakes since 1931. The USGS database shows that there is a 98.87% chance of a major earthquake within 50km of Lafayette within the next 50 years. The largest earthquake within 30 miles of Lafayette, CA was a 6.0 Magnitude in 2017. The Reliez, Southampton and Franklin Faults are for the most part poorly characterized strike-slip faults but may contribute to the approximately 4 to 7 mm/yr. of distributed dextral slip between the northern Calaveras and Concord faults. Franklin Fault: Is believed to be a part of the West Napa fault zone which produced a 6.2 magnitude earthquake in August 2014. This would suggest the Franklin fault (FF) in combination with the (WNFZ) the fault system is at least 75 km. Previously published potential‐field data indicate that the WNFZ extends northward to the Maacama fault (MF), and previous geologic mapping indicates that the FF extends southward to the Calaveras fault (CF); which would increase the fault zones length by 110 km. Bear Engineering Group, Inc. Earth Science Consultants 5 | P a g e G e o t e c h n i c a l S t u d y N e w e l l i n W a l n u t C r e e k A P N # 2 3 8 -0 5 0 -0 0 7 Rodgers Creek Fault: The northern continuation of the Hayward fault, the Rodgers Creek fault extends from San Pablo Bay through Santa Rosa. Like the Hayward fault, the Rodgers Creek is one of the most active in the Bay Area. Estimated slip rates are 9 mm/yr. Hayward-Rodgers Creek fault zone is ~190 km, extending from Alum Rock in the south to just north of Healdsburg. The ability of an earthquake on the Hayward fault to continue onto its northern extension along the Rodgers Creek fault (or vice versa) greatly depends on the geometrical relationship between these faults beneath San Pablo Bay. In general, the rupture displacement in an earthquake is typically about 1/20,000 of the rupture length. The rupture velocity is about 3 km/s, so the rupture duration in second s is given by fault length in kilometers divided by 3. Section 2.4 Surface Fault Rupture Based on the information provided in Hart and Bryant (1997), the site is not within an Alquist -Priolo Earthquake Fault Zone. Based on our review of the Graymer et. al. geologic maps for the area, no known active, or potentially active faults cross or project toward the site. Additionally, no evidence of active faulting was visible on the site during our site reconnaissance, therefore, it is our opinion that the potential for fault-related surface rupture at the site is low. SECTION 3.0 - SITE EXPLORATION AND LABORATORY TESTING Section 3.1 - Field Exploration Field exploration of the site was conducted on June 6, 2019, consisting of two (2) exploratory boreholes to a maximum depth of approximately 17-feet below existing grade. The Boring location s are presented as Figure 8 Borings were drilled using a truck-mounted drilling unit with a 4-inch solid stem auger. Samples were obtained by driving a 2-inch Modified California Sampler at 18-inch intervals into underlying soil using a 140-pound hammer free falling 30-inches. The number of blows required to drive the sampler was recorded in 6-inch penetration intervals. The last 12 inches of penetration is provided on the L og of Borings as penetration resistance per foot. Blow counts provided have been corrected for energy efficiency. The boring was backfilled with Portland cement by the tremmie method. Description and identification of the samples were conducted in the field using ASTM D2488 and D2487 methods provided as the Log of Borings Figure 9 and 10. Section 3.2 - Laboratory Testing Laboratory testing was conducted on selected soil samples to obtain data on density, moisture content (ASTM D2167), and soil description and identification (ASTM 2488). Laboratory test results are presented on the Log of Test Borings. SECTION 4.0 - SURFACE AND SUBSURFACE CONDITIONS Section 4.1 Subsurface Conditions Boring 1: Encountered yellow brown very hard dense sandstone from the s urface to 3 feet at which point the drilling rig was unable to penetrate. Boring 2: Was founded in the flat area about 10 feet north of toe of the existing hillside. Surface soil from 2 to 8 feet was classified as yellow to medium brown, moderately dense sandy loam Alluvium deposits. Drilling became more difficult at about 12 feet with sampling at 15 feet indicating yellow brown moderately dense slightly cemented sandstone. This material continued to the refusal depth of 17 feet. Bear Engineering Group, Inc. Earth Science Consultants 6 | P a g e G e o t e c h n i c a l S t u d y N e w e l l i n W a l n u t C r e e k A P N # 2 3 8 -0 5 0 -0 0 7 Section 4.2 - Groundwater No groundwater was found in either boring. However, groundwater conditions can deviate from those conditions encountered at the boring location s. Should this be revealed during construction, Bear Engineering Group should be notified immediately for possible revisions to the recommendations that follow. Section 4.3 - Liquefaction Soil liquefaction is a condition where saturated, granular soils undergo a substantial loss of strength and deformation due to pore pressure increase resulting from cyclic stress application induced by earthquakes. In the process, the soil acquires mobility enough to permit both horizontal and vertical movements if the soil mass is not confined. Soils most susceptible to liquefaction are saturated, loose, clean (relatively fr ee of clay), relatively young and fine-grained sand deposits. The condition therefore requires the coexistence of susceptible soils, strong ground motions, and shallow groundwater. Within alluvial deposits, sand units conducive to liquefaction may occur as broad layers; confined lens shaped bodies or elongated sinuous channel deposits. The thickness of such units can vary significantly as well. In areas where strong seismic shaking has occurred, clean and loose gravel deposits have been known to liquefy as well. The primary factors affecting liquefaction potential of a soil deposit are: 1. Level and duration of seismic ground motions 2. Soil type and consistency 3. Liquefaction of sediment requires that the sediment be water saturated All sections of the San Francisco Bay region have the potential to be shaken hard enough for sediment to liquefy. Geologic and liquefaction susceptibility mapping (Figure 5) indicates the site has a low probability to liquefy. Field exploration and laboratory results confirm this finding. Section 4.4 - Settlement All foundations settle to some extent as the earth materials around and beneath them adjust to loads of the building. Where foundation settlement occurs at roughly the same rate throughout all portions of a building, it is termed uniform settlement. Settlement that occurs at differing rates between different portions of a building is termed differential settlement. The discontinuity of the soil behind the rock wall and native soil lends its self to differential movement as the fill thickness of the level pad is assumed to be reduced where the pad meets the existing slope. Satellite images suggest the undocumented fill behind the wall was placed after 1993. Considering there is no conclusive evidence of densification of the pad materials it is difficult to predict potential settlement. The slopes in the area are prone to movement which could affect vertical displacement. Section 4.5 – Landslide Evaluation Two sets of forces compete to shape the hillsides in steep terrain: the load imposed by gravity, which tends to pull the hillside materials downslope, versus the resistance of these materials to moving. Gravitational loading, acting in the downslope direction, is proportional to the weight of the soil. Th e resistance of slope materials to sliding or other deformation is expressed by shear strength. For most hillslope materials, shear strength is derived largely from the frictional forces between the grains of soil or rock acting normal (perpendicular) to the slope. A landslide is a downslope movement of rock or soil, or both, occurring on the surface of rupture —either curved (rotational slide) or planar (translational slide) rupture—in which much of the material often moves Bear Engineering Group, Inc. Earth Science Consultants 7 | P a g e G e o t e c h n i c a l S t u d y N e w e l l i n W a l n u t C r e e k A P N # 2 3 8 -0 5 0 -0 0 7 as a coherent or semi-coherent mass with little internal deformation. Varying classifications of landslides are associated with specific mechanics of slope failure and the properties and characteristics of failure types. Types of movement are listed below. 1. ROCKFALL: Falls are abrupt, downward movements of rock or earth, or both, that detach from steep slopes or cliffs. Triggering mechanism is typically undercutting of slope by natural processes. 2. TOPPLE: A topple is recognized as the forward rotation out of a slope of a mass of soil or rock around a point or axis below the center of gravity of the displaced mass. Triggering mechanism sometimes driven by gravity exerted by material located upslope from the displaced mass and sometimes by water or ice occurring in cracks within the mass; also, vibration, undercutting, differential weathering, excavation, or stream erosion. 3. ROTATIONAL LANDSLIDE: A landslide on which the surface of rupture is curved upward (spoon-shaped) and the slide movement is more or less rotational about an axis that is parallel to the contour of the slope. Triggering mechanism, Intense and/or sustained rainfall. 4. TRANSLATIONAL LANDSLIDE: The mass in a translational landslide moves out, or down and outward, along a relatively planar surface with little rotational movement or backward tilting. Triggering mechanism, primarily intense rainfall, rise in ground water within the slide due to rainfall. 5. LATERAL SPREADS: Lateral spreads usually occur on very gentle slopes or essentially flat terrain, especially where a stronger upper layer of rock or soil undergoes extension and moves above an underlying softer, weaker layer. 6. FLOWS: A spatially continuous movement in which the surfaces of shear are short -lived, closely spaced, and usually not preserved. Landslide Susceptibility Maps Figure 6 characterizes the slopes south of the planned residence as rugged and very steep terrain generally greater the 26 degrees placing the site in category 4 suggesting landslides are probable. This map is based on the presumption that steeper slopes are more probable to movement. The landslide hazard map showing definite landslide or possible impending movement does not identify mapped slide in the general area of the subject site as shown as Figure 7. Section 4.6 - Expansive Soils Expansive soils are characterized by their ability to undergo significant volume change (shrink or swell) due to variations in moisture content. Changes in soil moisture content can result from rainfall, landscape irrigation, utility leakage, roof drainage, perched groundwater, drought, or other factors and may cause unacceptable settlement or heave of surface structures, concrete slabs supported-on-grade, or pavements. Section 4.7 - Findings Based on published data and confirmed by exploratory field results well cemented sandstone is located near the surface above the planned residence on the slope and at about 12-feet in the flat area near the toe of slope. The general area of the flat zone is considered to be alluvium soil based on geologic maps suggesting bedrock may be slightly deeper than 12 feet moving away from the slope. Surface soil did not exhibit significant expansion and contraction capabilities although some minor vertical movement could be Bear Engineering Group, Inc. Earth Science Consultants 8 | P a g e G e o t e c h n i c a l S t u d y N e w e l l i n W a l n u t C r e e k A P N # 2 3 8 -0 5 0 -0 0 7 expected. Dynamic resistance, lack of groundwater and laboratory data indicates the site is not likely to liquefy although this is predicated on the magnitude, proximity and increase in ground water levels in the winter. The Lafayette-Reliez Valley Faults to the north are not estimated to deliver significant shaking at the site as the fault length is considered short. The Calaveras and Concord Faults are the two fault systems capable of generating significant ground movement at the site. The Working group of California suggests there is a 63 chance of a 6.7 magnitude earthquake occurring from one of the fault systems listed in Table 1 by 2032. The site is not considered to be not be within an Alquist-Priolo Special Studies Zone and no faults have been mapped crossing the site, suggesting ground rupture conditions to be low. The slope above the residence shows indications of shallow slumps, colluvium soil moving over the shallow bedrock. Slope instability maps classify the slopes as being prone to movement although published Landslid e Hazard Maps did not log landslide activity in the general vicinity of the subject site. Based on field observations and exploratory results the slope behind the house does have the ability to flow as surface run -off is typically necked to low surface features which accumulate significant amounts of water and slope inclination will generate moderate to high surface water velocities. Soil in the flat are is considered to be homogeneous but depending on water transport placement the thickness of the material may vary moving away from the toe of slope. SECTION 5.0 – CONCLUSION It is our opinion, based on an analysis of the data and information obtained from the site exploration, laboratory testing, and geotechnical evaluation, published data and our experience and knowledge of the soil conditions in the area, the site is geotechnically suitable for the proposed development provided the recommendations contained herein are incorporated into the project designs and adhered to during construction. The principle adverse geotechnical factors affecting the development of the site are the following; 1. Slope inclinations producing moderately high surface run-off water velocities resulting in erosion and potential earthflow conditions. 2. Differential movement is possible affecting surface structures. 3. Strong ground shaking from a seismic event. The close proximity to the Calaveras or Concord Fault has the potential to induce intense ground shaking as well as the other fault systems described. This may induce seismically related differential movement. 4. Moderate to low potential for expansion and contraction of near surface soil is anticipated. 5. Liquefaction is unlikely based on Filed and laboratory results. 6. The site is not within any current Alquist-Priolo Earthquake Fault Zone. There are no known faults or shear zones extended through the site that would endanger the development due to ground rupture. Bear Engineering Group, Inc. Earth Science Consultants 9 | P a g e G e o t e c h n i c a l S t u d y N e w e l l i n W a l n u t C r e e k A P N # 2 3 8 -0 5 0 -0 0 7 SECTION 6.0 – RECOMMENDATIONS Section 6.1 – Geotechnical Hazards Risk of geotechnical hazards will always exist due to uncertainties of geologic conditions and the unpredictability of seismic activity in the Bay Area. However, in our opinion, based on available data, there are no indications of geotechnical hazards that would preclude use of the site for the proposed development. The proposed structures should be designed to meet the current International Residential Code (IRC) requirements to limit potential damage from ground shaking and ground failure. Section 6.2 - Seismic Criteria The 2012/2015 International Building Code was reviewed to provide the seismic criteria for structural design of the foundation and building. Site Coordinates Latitude, Longitude: 37.8852135, -122.0891651 Risk Category II, Site Soil Classification Site Class D – “- Stiff Soil” TABLE 2 SIESMIC DESIGN CRITIERA Site Class D Short Period Spectral Acceleration, Ss’ 1.771 g 1 sec Period Spectral Acceleration, S1 0.6 g Site Coefficient Fa 1.00 Site Coefficient Fu 1.50 Max Short Period Spectral Response Accelerations SMs SMs=Fa x Ss 1.771 g Max 1 sec Period Spectral Response Accelerations SM1 SM1= SM1 = Fv x S1 0.9 g Dampened Design Spectral Response-Short Period SDs=2/3 x SMs 1.18 g Dampened Design Spectral Response-1 sec Period SD1=2/3 x SM1 0.6 g  MCEG peak ground acceleration PGA 0.665g Severe ground shaking can involve forces that damage structures not designed to withstand them. The estimated peak ground acceleration (10 percent prob ability of being exceeded in 50 years) in the project area is moderate for California (and high from a national perspective)—in the range of 35–65 percent of the acceleration of gravity (g) (Petersen et al. 1999). Project elements will be designed to withstand such forces. Bear Engineering Group, Inc. Earth Science Consultants 10 | P a g e G e o t e c h n i c a l S t u d y N e w e l l i n W a l n u t C r e e k A P N # 2 3 8 -0 5 0 -0 0 7 Section 6.3 - Grading Final grading plans were not available during preparation of this report. We have provided two grading recommendations provided in the subsequent paragraphs. We expect grading to be limited to preparing the building pad and cutting into the slope to align the planned residence so as to limit tree removal position the residence to blend into the natural topography as much as possible. The following steps will be necessary to accomplish these objectives. Clearing, Stripping, Grubbing, and Debris Removal Trees, roots, vegetation, and organic surficial soil shall be removed from structural areas unless specified otherwise by the Geotechnical Engineer or the Engineer's Representative. The depth of organic soil to be removed will be recommended by the Geotechnical Engineer or the Engineer's Representative but, in general, will probably vary from about 4 to 6 inches. Strippings are defined as surface vegetation and organic surficial soil. Strippings may not be used in fill unless specifically authorized and observed by the Geotechnical Engineer or the Engineer's Representative. Stripping material may be stockpiled for landscaping use, with the approval of the landscape architect. The final clearing, stripping, and grubbing shall be approved by the Geotechnical Engineer before further grading is started. Concrete pavement, building rubble, concrete foundations, and any other debris noted at or below the existing ground surface should be removed as part of the site preparation for the proposed construction area. Erosion Control: The extent and duration of ground disturbing activities during and immediately following periods of rain shall be limited, to avoid the potential for erosion which may be accelerated by rai nfall on exposed slopes. Erosion and sediment control plans shall be designed by the Civil Engineer. To reduce the potential for erosion, all permanent cut -and-fill slopes on-site should be seeded or planted with lightweight, deep-rooting, drought-resistant vegetation. A landscaping expert should be consulted for ground cover recommendations. Excessive landscape irrigation or leakage from irrigation lines can cause localized slope failures. Therefore, irrigation systems for slope vegetation should be designed and maintained to minimize leakage onto graded slopes. Vegetation on natural slopes should remain natural and not be landscaped or irrigated in the same manner as graded slopes. To minimize erosion during construction the slope shall be protected with erosion control blankets. The mats are designed to increase soil stabilization, decrease the effects of erosion, and allow vegetation to effectively take root. They may be rolled up during construction. Erosion Control specifications are provide in Table 3. TABLE 3 COIR MAT TECHNICAL SPECIFICATIONS SEMI-PERMANENT CONTROL (4 - 6 YEARS) Product Open Area Weight Sizes Uses Coir Mat 70 50% 20.6 oz./yds² 700 g/m³ 13.1 ft. x 83 ft. 13.1 ft. x 165 ft. Slopes: 2:1 or 1:1 Flows: up to 12 fps Bear Engineering Group, Inc. Earth Science Consultants 11 | P a g e G e o t e c h n i c a l S t u d y N e w e l l i n W a l n u t C r e e k A P N # 2 3 8 -0 5 0 -0 0 7 The semi-permanent coir mats typically provide erosion control for approximately 4 to 6 years, depending on your area conditions. Coir mats are made with open weaves to allow for reseeding and vegetation both before and after installation. Offering a higher strength design, erosion control mats can accommodate areas with steep slopes and increased water flow. Building Pad Preparation We applicable crawl space soil shall be compacted to a depth of 1 8-inches with materials being re- established to develop a uniform graded area. Soil shall be compacted to a minimum relative compaction of 95 percent at 3 percent over optimal laboratory moisture levels in accordance with ASTM D 1557. Utility trenches outside the limits of the foundation may be compacted to 90 percent relative compaction with the same moisture contents as stated above. Section 6.4 - Foundation We understand that the proposed improvements will be of typical wood -framed construction. Anticipated foundations loads are expected to be relatively light. We recommend that the new construction be placed upon a pier and grade beam support system. If another system is desired, this office should be called for supplemental recommendations. Such recommendations would be presented as an addendum to this report. The following foundation recommendations are based on the anticipated soil conditions underlying the project site and building pad preparations as described above. TABLE 4 PIER AND GRADE-BEAM FOUNDATION DESIGN CRITERIA Diameter Minimum 16 in. Spacing Minimum 4 pier diameters, center to center. Maximum spacing to be decided by the Project Structural Engineer. Embedment* Minimum of 5 feet into acceptable material as determined by our geotechnical engineer or his representative during drilling. We estimate pier depths to vary from 12 to 15-feet depending on location. Friction Value Allowable friction value of 500 psf, which may be increased by 1/3 for wind and seismic loads Passive Value 300 pcf to be taken over 1-1/2 times the pier diameter commencing 3 feet below lowest adjacent grade.  Depth of pier embedment is measured from the bottom of the grade beam and may be changed based on field conditions observed. We should be present during drilling to render any pier depth alteration as necessary.  Neglect the upper 2-feet in the design calculations for piers.  Any wall that is incorporated into the foundation of a building or restrained at the top should be designed with a 60 psf uniform lateral surcharge load in addition to the lateral eart h pressures given above.  All basement walls shall be protected with impervious barrier We recommend Mirafi G100N. Drainage panels shall be installed in accordance with manufacture specifications. All walls shall have Caltrans Class 2 filter rock minimum 12 inches thick with minimum 4-inch diameter pipe located at base of wall discharging to suitable location that will not impact future performance of the foundation. Estimations of overall settlement are considered to be 1-inch from a seismic event with potential differential settlement of 1/2 inch over a 20 feet distance. Bear Engineering Group, Inc. Earth Science Consultants 12 | P a g e G e o t e c h n i c a l S t u d y N e w e l l i n W a l n u t C r e e k A P N # 2 3 8 -0 5 0 -0 0 7 We recommend that all pier holes be cleaned of slough and loose material prior to placing steel reinforcement and concrete. Failure to clean the pier holes adequately may result in significant adverse differential settlement of the foundation or hydro -swell of the pier. We recommend that all piers use a tremmied system for concrete placement in order to assure maximum friction is obtained and to expel any subsurface water encountered during pier drilling. The tremmie hose must maintain a constant head during concrete placement. If groundwater is encountered pier holes shall be pumped free of water and re-drilled as needed to clear loose soil from the base of the pier. Grade beams shall extend a minimum of 18-inches below lowest adjacent grade to provide greater resistance to water infiltration into the crawl space from exterior storm or irrigation water. The piers and grade beams shall contain steel reinforcement over their entire length with reinforcement as directed by the Project Structural Engineer in accordance with applicable UBC or American Concrete Institute standards. In no case, however, should the grade beams contain less than two No. 5 (grade 60) reinforcing bar (or equivalent steel area) in both the top and bottom of each beam, and the piers should have no less than four No. 5 (grade 60) reinforcing bars. The reinforcement steel for the pier should be tied into the top steel grade beam for continuity and integrity. Section 6.5 - Concrete Slabs-on-Grade, Floors We recommend that the minimum slab-on-grade floor structurally independent of the foundation system with a minimum thickness of 6 inches. We recommend minimum reinforcement of No. 4 reinforcing bars spaced at 18 inches on center, or with an alternate reinforcement system as required by the project structural engineer. In general, the reinforcement should be supported by concrete Dobies to attain its greatest efficiency in minimizing the cracking of the slabs. Crack control joints should be located as directed by the structural engineer. Concrete slab-on-grade floors should be underlain by a minimum 4 -inch-thick layer of Caltrans Class 2 Base rock fill compacted to a minimum of 90 percent relative compaction. If potential moisture vapor transmission through the slab is objectionable, we recommend that an impermeable membrane of STEGO WRAP VAPOR BARRIER (Min 15-MIL) thickness be placed above the base rock overlain by 2 inches of clean sand to assist in proper curing of the slab unless object able by the structural engineer. The membrane should be placed in accordance with the manufacturer's specifications. Any punctures or damage to the membrane that may occur must be repaired in accordance with the manufactu rer's specifications. Some moisture transmission should be expected where a membrane vapor barrier is not utilized. Recommendations presented in the American Concrete Institute should be complied with for all concrete placement and curing operations. Improper curing techniques and/or excessive slump (water-cement ratio) could cause excessive shrinkage, cracking, or curling. Adding more water may make concrete more workable but it also means the drying time can increase to unreasonable levels as the rate of evaporation is dependent on a number of variables. Section 6.6 - Miscellaneous Flatwork All exterior concrete flat work shall be structurally independent of the foundation to provide freedom of movement to allow for soil volume changes. All walkways shall be a minimum thickness of four inches and be underlain by a 4-inch thick cushion of "sand or crushed rock". Reinforcement of the walkways shall consist of a minimum No. 3 reinforcement bars placed in a grid pattern at 16 inches on center. Subsoil material shall be moisture conditioned and compacted to a relative compaction of 90 percent at 3-5 percent over optimum moisture values. Ponding of storm or irrigation water adjacent to any structure is prohibited. Walkways shall be designed to slope to area drains or a minimum grade of 2 percent away from structures discharging to a suitable controlled location. Bear Engineering Group, Inc. Earth Science Consultants 13 | P a g e G e o t e c h n i c a l S t u d y N e w e l l i n W a l n u t C r e e k A P N # 2 3 8 -0 5 0 -0 0 7 The owners must be advised that some vertical displacement of exterior flatwork should be anticipated. Proper site drainage, maintenance and controlling landscape irrigation is recommended to reduce the amount of vertical displacement that may occur. Section 6.7 - Retaining Walls All retaining walls shall be designed for fully -drained conditions. The proposed design should be reviewed by our firm to confirm that the retaining wall configuration is compatible with the assumed parameters. The Table 5 below presents our design criteria recommendations for any retaining wall and applies to walls up to 6 feet in height. Design pressures are expressed as equivalent fluid pressures. Walls greater than 6- feet will be considered on a case by case basis. The conditions provided below are for typical cast-in-place concrete walls. All walls shall rest upon piers in accordance with Section 6.4. It may be necessary to install a diversionary wall on the slope above the residence in the event a earthflow condition develops. This wall is estimated to be 3-5 feet tall with a minimum of 2-feet of freeboard. The grades behind the wall shall be designed to deflect the viscous flow of fine-grained materials away and to an appropriate location which will enable clean-up. The diversionary wall shall be fully drained and founded on piers. TABLE 5 RETAINING WALL DESIGN CRITERIA RETAINING WALL DESIGN CRITERIA Gradient of Backfill Equivalent Fluid Weight (pcf) Friction* Factor Level 40 .35 3:1 to Level 50 .35 Steeper than 3:1 (Maximum 2:1) 65 .35  Where retaining walls form the base of the structure, deflection calculations or allowance for wall movement should be included in the final planning for the structure. Dynamic uniform Loading .55 H^2 reversed tri-angular distribution.  The values provided above are based on implementing Sec 6.3 All retaining walls should be free draining. We recommend installing a minimum 4-inch diameter perforated SDR 35 pipe upon 2-inch of Caltrans Class 2 permeable filter rock at the base of the wall. The trench and pipe should be sloped a minimum of 1 percent grade discharging to a suitable outlet location as directed by the Civil Engineer. A minimum of one cleanout shall be placed at the end of any wall. The cleanout shall be installed with a minimum sweeping 45 degree bend. A 12 -inch wide minimum section of Cal Trans permeable filter rock should be installed behind the wall extending a minimum of 1 foot below top of wall capped with compacted on-site material to finish surface. Mirror drain shall be used behind structural walls. An earthen swale or concrete v-ditch is recommended for the diversionary wall. Section 6.8 - Utility Trenches All trenches should be backfilled with native materials compacted uniformly in accordance with Section 6.3 of this report. If local building codes require the usage of sand as the trench backfill, all utility trenches entering the building must be plagued with CDF (120 psi minimum (Sand Slurry). Bear Engineering Group, Inc. Earth Science Consultants 14 | P a g e G e o t e c h n i c a l S t u d y N e w e l l i n W a l n u t C r e e k A P N # 2 3 8 -0 5 0 -0 0 7 Jetting of trench backfill is not recommended as it may result in an unsatisfactory degree of compaction. All disturbed areas within 5 feet of the foundation from trench excavation, incl uding electric lines, must be reprocessed as engineered fill. Section 6.9 - Drainage A five percent gradient should be maintained for landscaped areas immediately adjacent to the structure (within 5-feet). In general, water should not be allowed to collect near the surface of the foundation or floor slab areas of the structures during or after construction. Down -spout locations directed to solid tight- line connections discharging to a suitable location away from the foundation. We recommend sufficient area drain inlets be placed in flat work areas to reduce the potential ponding and the effects of expansion and contraction of the near surface soil in the event of surface water migration. If vegetation must be planted adjacent to a structure, plants that require very little moisture should be considered. Sprinkler heads should not be placed where they would saturate the foundation soil; a drip irrigation system is preferred unless drop inlets or area drains are utilized to control drainage around the foun dation. Future landscaping, construction of walkways, planters and walls, etc. must never modify site drainage unless additional measures to enhance drainage (e.g., area drains, additional grading) are designed and constructed in accordance with an addendum to this report. Section 6.10 - Excavations The contractor is solely responsible for protecting excavations by shoring, sloping, benching or other means as required to maintain stability of both the excavation sides and bottom. Bear Engineering Group does not assume any responsibility for construction site safety or the activities of the contractor. There shall be no vertical cut close steeper than 2.75H:1V under any circumstances. If excavations are made during the rainy season (normally from November through April), particular care shall be taken to protect slopes against erosion. Measures to help mitigate erosion, such as the installation of berms, plastic sheeting, or other devices, may be warranted. Section 6.11 - Plan Review The city or county may require a Plan Review prior to approving the submitted design drawings and construction documents. Please note this is not free. Section 6.12 - Construction Observations Our representative must be present during grading to observe the work perfo rmed and to perform whatever testing is necessary to properly evaluate the quality of the materials and their relative compaction. Foundation observation by our representative is recommended so that the foundation excavations are excavated to the design depth for proper bearing into the underlying materials. The depth of the foundations is dependent upon site grading and other unforeseen local anomalies, and thus the actual depths may vary. Please note if the City of Berkeley inspector allows for the plac ement of concrete for piers without Bear Engineering Groups inspections our insurance will not cover the project and the city shall assume full responsibility for the foundations. WE MUST BE NOTIFIED DURING PIER DRILLING NO EXCEPTIONS for the purpose of logging piers. At the completion of site grading operations and foundation excavations, we will submit a report that summarizes the work observed and the results of all tests performed by our firm during the construction phase of the project, along with any supplemental recommendations that may be warranted. To allow Bear Engineering Group, Inc. Earth Science Consultants 15 | P a g e G e o t e c h n i c a l S t u d y N e w e l l i n W a l n u t C r e e k A P N # 2 3 8 -0 5 0 -0 0 7 proper scheduling so that our personnel are present at the job site when needed, we should be furnished no less than 2 working days advance notice of when work requiring our presence will be accomplished. Section 6.13 - Site Safety All excavations and site work must comply with applicable local, state, and federal safety regulations. Construction site safety is the responsibility of the contractor, who shall be solely responsible for the means, methods, and sequencing of construction operations. Our services and recommendations for site safety are available upon request and are advisory only and supplemental to current regulatory standards. Bear Engineering Group, Inc. assumes no responsibility for construction site safety or the contractor's activities during any phase of the construction project. Section 6.14 - Miscellaneous Our exploration did not reveal the presence of buried items such as leaching fields, septic tanks, storage tanks, etc. at the location of the borings. If such items are encountered during grading or demolition, our firm should be notified immediately to provide recommendations for proper disposal procedures. Bear Engineering Group, Inc. Earth Science Consultants 16 | P a g e G e o t e c h n i c a l S t u d y N e w e l l i n W a l n u t C r e e k A P N # 2 3 8 -0 5 0 -0 0 7 SECTION 7.0 - LIMITATIONS This report has been prepared for the exclusive use of Mr. Montalbo and his consultants for specific application to the proposed development. If changes occur in the nature, design location, or configuration of the proposed development, the conclusions and recommendations contained here shall not be considered valid. Changes must be reviewed by our firm. The analysis, opinions, conclusions, and recommendations submitted in this report are based in part on the referenced materials, site visit and evaluation, and subsurface exploration. The nature and extent of variation among exploratory borings may not become evident until construction. If variations appear, it will be necessary to re-evaluate or revise recommendations made in this report. The recommendations in this report are contingent on conducting an adequate testing and monitoring program during construction of the proposed development. Unless the construction monitoring and testing program is provided by or coordinated with our firm, Bear E ngineering Group will not be held responsible for compliance with design recommendations presented in this report and other supplemental reports submitted as part of this report. Our services have been provided in accordance with generally accepted geotechnical engineering practices. No warranties are made, express or implied, as to the professional opinions or advice provided. Recommendations contained in this report are valid for a period of 1 year; after 1 year they must be reviewed by this firm to determine whether or not they still apply. Bear Engineering Group, Inc. Earth Science Consultants 17 | P a g e G e o t e c h n i c a l S t u d y N e w e l l i n W a l n u t C r e e k A P N # 2 3 8 -0 5 0 -0 0 7 SECTION 8.0 - REFERENCES Graymer, R.W., Jones, D.L., and Brabb, E.E., 1994, Preliminary geologic map emphasizing bedrock formations in Contra Costa County, California: A digital database: U.S. Geological Survey Open-File Report 94-622. E.J. Helley and R.W. Graymer, 1997, Quaternary Geology of Contra Costa County, California and Surrounding Areas, Department of the Interior U.S. Geological Survey, Open File Report 97 -98 Sheet 1 of 2 Nilsen, T.H., Taylor, F.A., and Brabb, E.E., 1976, Recent landslides in Alameda County, California (1940 -71), U.S. Geological Survey Bulletin 1398, 21 p., scale 1:62,500 Working Group on California Earthquake Probabilities, 1999, Earthquake Probabilities in the San Francisco Bay Region: 2002 to 2031—A Summary of Findings, U.S. Department of the Interior U.S. Geological Survey, Open -File Report 99-517 Division of Mines and Geology, 1995, Landslide Hazards in the Martinez -Orinda-Walnut Creek Area Contra Costa County, California, Open File Report 95-12 Wayne D Haydron, 1995, Landslide Susceptibility Map Landslide Hazard in the Martinez-Orinda-Walnut Creek area, Contra Costa County, Landslide Hazard Identification Map No. 32. Division of Mines and Geology, Open File Rpt. 95-12, Plate 32A Wayne D Haydron, 1995, Landslide Susceptibility Map Landslide Hazard in the Martinez-Orinda-Walnut Creek area, Contra Costa County, Landslide Hazard Identification Map No. 32. Division of Mines and Geology, Open File Rpt. 95-12, Plate 32B Keith L. Knudsen, Janet M. Sowers, Robert C. Witter, Carl M. Wentworth, and Edward J. Helley, Preliminary Maps of Quaternary Deposits and Liquefaction Susceptibility, Nine-County San Francisco Bay Region, California: a Digital Database, U.S. Geological Survey Open-File Report 00-444, Online version 1.0 Alan Kropp & Associates, Inc., 1995, Landslide Map Berkeley Hills Hart, E.W. and Bryant, W.A. 1997, Fault-Rupture Hazard Zones in California: California Division of Mines and Geology, Special Publication 42, 1999 revised edition and Supplement 3. T.H. Nilsen, 1973, Preliminary Photointerpretation Map of Landslide and other Surficial Deposits of the Concord 15-Minute Quadrangle and the West Oakland Richmond and Part of the San Quentin 7 ½ M inute Quadrangle, Contra Costa and Alameda Counties, California, U.S. Department of the Interior U.S. Geological Survey, Misc. Field Studies Map MF-493 Sheet 1 of 2 Contra Costa County General Plan, 2010, Safety Element, Chapter 10 Charles W. Jennings and William A. Bryant, 2010, Fault Activity Map of California, California Department of Conservation, California Geological Survey. William A. Bryant, Ellen F. Sander, and Christopher J. Wills, September 2007, Digital Database for the Concord and Green Valley Faults, U.S. Geological Survey FIGURES Bear Engineering Group, Inc. Not to Scale Vicinity Map W. Newell Walnut Creek, CA APN # 238-050-007 1 SITE LOCATION Bear Engineering Group, Inc. Not to Scale U.S. Geological Survey Miscellaneous Field Studies MF–2342 Preliminary Geologic Map W. Newell Walnut Creek, CA APN # 238-050-007 2 APPROXIMATE SITE LOCATION Bear Engineering Group, Inc. Not to Scale Bay Area Fault Map W. Newell Walnut Creek, CA APN # 238-050-007 3 The closest significant fault is the Concord-Green Valley fault is located at about 5.2 km to the east The San Andreas and Other Bay Area Faults, USGS CALIFORNIA FAULT PARAMETERS - San Francisco Bay Region". California Geological Survey. 2003 San Andreas Fault Hayward Fault Bear Engineering Group, Inc. Not to Scale 4 Probability Map W. Newell Walnut Creek, CA APN # 238-050-007 San Andreas Fault Working Groups on California Earthquake Probabilities 2008 Mt. Diablo Thrust Fault Legend: Bear Engineering Group, Inc. Not to Scale Liquefaction Map W. Newell Walnut Creek, CA APN # 238-050-007 5 Low Susceptibility SOURCE: U.S. Geological Survey Open-File Report 00- 444 APPROXIMATE SITE LOCATION Bear Engineering Group, Inc. Not to Scale 6 Landslide Susceptibility Map Landslide Hazard in the Martinez-Orinda-Walnut Creek area, Contra Costa County, Landslide Hazard Identification Map No. 32. Division of Mines and Geology, Open File Rpt. 95- 12, Plate 32A Landslide Susceptibility Map W. Newell Walnut Creek, CA APN # 238-050-007 APPROXIMATE SITE LOCATION APPROXIMATE SITE LOCATION Bear Engineering Group, Inc. Not to Scale Landslides Hazard Map Landslide Susceptibility Map W. Newell Walnut Creek, CA APN # 238-050-007 7 APPROXIMATE SITE LOCATION Landslide Hazard Map Landslide Hazard in the Martinez-Orinda-Walnut Creek area, Contra Costa County, Landslide Hazard Identification Map No. , Open File Rpt. 95-12, Plate 32B Bear Engineering Group, Inc. Not to Scale 8 Boring Location Map Landslide Susceptibility Map W. Newell B1 Subject Site B1 B2 Bear Engineering Group Earth Science Consultants Elev. (ft.)Depth (ft.)Sample No.Blow CountLithologyDescription Dry Unit Wt. (pcf)Moisture Content %Plasticity IndexUnconfined Compression (psf)% Passsing #200Compression Strength Penetrometer (tsf) Shear Strength Torvane (tsf) Sym. Denotes what test was taken falling between column denotes approx. strength in tsf. 1 2 3 4 5 6 5 10 15 20 25 30 __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ Boring No. B1 Boring Depth: 4 ft. Latititude: 37.8852135 Longititude: -122.0891651 Ground Elev. Page 1 of 1 Date: 6-7-19 Project No. 45-2019-01 Client: David Montalbo Location: APN # 238-050-007 Driller: HIllside Drilling Drilling Type: Solid Stem Auger 1 2 18 50/2” Silty clay medium brown, dry, moderately dense Colluvium tan moist to wet Sandstone red, tan, brown slightly weathered friable moderately hard moderately strong native Refusal 4.5 ft. 106.3 8.3 Bear Engineering Group Earth Science Consultants Elev. (ft.)Depth (ft.)Sample No.Blow CountLithologyDescription Dry Unit Wt. (pcf)Moisture Content %Plasticity IndexUnconfined Compression (psf)% Passsing #200Compression Strength Penetrometer (tsf) Shear Strength Torvane (tsf) Sym. Denotes what test was taken falling between column denotes approx. strength in tsf. 1 2 3 4 5 6 5 10 15 20 25 30 __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ Boring No. B2 Boring Depth: 17 ft. Latititude: 37.8852135 Longititude: -122.0891651 Ground Elev. Page 1 of 1 Date: 6-7-19 Project No. 45-2019-01 Client: David Montalbo Location: APN # 238-050-007 Driller: HIllside Drilling Drilling Type: Solid Stem Auger 1 2 4 6 3 1 2 2 1 16 Silty clay medium brown, dry, moderately dense Colluvium Tan moist to wet 2 33 Sandy loam, yellow brown, with trace gray silt Lenses, moist, medium dense, moderately Cemented, medium coarse alluvium Increase torque at 13feet 3 18 Sand-silty loam, yellow brown, moderately Cemented medium to fine coarse, dense alluvium Sandstone red, tan, brown slightly weathered friable moderately hard moderately strong native 4 44 4 50/4” Refusal 17 ft. 101.71 8 11.3 124.5 14.3 125.6 9.6 TREE PERMIT APPEAL COUNTY FILE #TP19 -0036 0 West Newell Avenue, Walnut Creek Contra Costa County Board of Supervisors Meeting Tuesday, February 25, 2020 1 PROJECT DESCRIPTION An appeal of the County Planning Commission’s decision to approve a tree permit to allow the removal of 22 code-protected trees and work within the driplines of six (6)code-protected trees to allow for the construction of a new,two-story,single-family residence vacant parcel. The subject property is a vacant 2.56-acre parcel located at the end of West Newell Avenue in the Walnut Creek/Saranap area of the County. 2 AERIAL PHOTO 0 West Newell Ave, Walnut Creek (2.56-Acre) 3 ZONING MAP R-20 Single Family -Residential 4 GENERAL PLAN MAP Single-Family Residential Low -Density (SL) and Open Space (OS) 5 BACKGROUND ■On July 18,2019,a tree permit application for the removal of 21 code-protected trees and for work within the driplines of four (4)code-protected trees in order to allow the construction of a new single-family residence was submitted to DCD. ■On August 26,2019,during the public notification period for the tree permit,an appeal of the Zoning Administrator’s tentative approval was received by DCD. ■While on appeal,changes were made to the project description based on a widening of the driveway on the eastern side of the property,adjacent to West Newell Avenue.As a result of the widened driveway,one (1)additional multi-stemmed coast live oak tree is proposed for removal and work will also occur within the driplines of two (2)additional coast live oak trees bringing the total of trees to be removed to 22,and 6 to be impacted. ■On December 11,2019,the appeal was heard by the County Planning Commission.At the hearing the Commission voted 4-3 to deny the appeal and uphold the Zoning Administrator’s decision.The Commission also added a condition of approval requiring that the trees not be removed until a building permit for the new residence has been issued. ■On December 20,2019 and on December 23,2019 appeals of the Planning Commission’s decision were received from Patricia McGregor and William Schultz,and from Bronwyn Shone respectively. 6 SITE PLAN 7 TREE PROTECTION / REMOVAL PLAN 8 SITE PHOTOS 9 SUMMARY OF APPEAL POINTS McGregor/Schultz In a letter dated received December 20,2019,Patricia McGregor and William Schultz submitted an appeal letter describing the following appeal points: ■Construction impacts and removal of trees #36 and tree #37 (large oaks)could impact health of tree #38 (oak)which is located on the neighboring property (2776 W.Newell Ave.); ■Residence should be relocated and/or reduced in size to protect trees #36 and #37 ; ■Plans lack details for proposed retaining walls; ■Geotechnical report should be required to identify impacts of tree removal; ■Project will increase stormwater runoff; ■The removal of the trees will have a negative impact on the value of the appellant’s property and surrounding properties; ■Proposed residence is not compatible with the neighborhood. 10 SUMMARY OF APPEAL POINTS Bronwyn Shone In a letter dated received December 23,2019,Bronwyn Shone submitted an appeal letterdescribingthefollowingappealpoints: ■The staff report,conditions of approval and attachments were not received 96 hours before the Commission meeting; ■Fire access (can a fire truck turnaround?); ■Has the California Department of Fish and Wildlife provided comments about protected species (whip snake)in the area?; ■Did the Zoning Administrator see the revised plans?; ■What will the drainage impacts of the be/a drainage permit should be required prior to issuance of building permit. ■Tree replacement mitigation not sufficient and not consistent with County General Plan or recommendations of Ca.Oaks Foundation; ■The size of the proposed residence is out of scale with the other houses in the neighborhood. 11 STAFF RECOMMENDATION Staff recommends that the Board of Supervisors deny the appeals and sustain the County Planning Commission’s approval of County File #TP19-0036. 12 QUESTIONS? 13 RECOMMENDATION(S): OPEN the public hearing on Traffic Resolution No. 2020/4490; RECEIVE testimony; and CLOSE the public hearing. ADOPT Traffic Resolution No. 2020/4490 for an 18-month temporary road closure beginning March 1, 2020 and ending September 1, 2021, of the following roadways: (1) Market Avenue (Road No. 0565L), between First Street (Road No. 0565U) and extending westerly for 500 feet to Martin Drive, (Road No. 0565AP); and (2) Silver Avenue (Road No. 0565K), between First Street (Road No. 0565U) and extending westerly for 500 feet to its terminus; and (3) North Jade Street (Road No. 0565S), between West Grove Avenue (Road No. 0565J) and northerly to Market Street (Road No. 0565L); and APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Monish Sen, 925.313.2187 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D.4 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 25, 2020 Contra Costa County Subject:18-month temporary road closure of a portion of Market Street, Silver Street, Jade Street, Harrold Street, and Warren Street, North Richmond area. RECOMMENDATION(S): (CONT'D) (4) Harrold Street (Road No. 0565V); and (5) Warren Drive (Road No. 0565AH); to prevent overnight criminal activity, as recommended by the Public Works Director, North Richmond area. (District I) FISCAL IMPACT: No fiscal impact. BACKGROUND: The Las Deltas Housing Authority (Housing Authority) is in the process of demolishing all of its residential structures on Market Avenue, Silver Avenue, North Jade Street, Harrold Street, and Warren Drive. The demolition work is expected to be completed early this year. The Housing Authority has a long-term plan to sell or facilitate the construction of affordable housing on the property. However, in the interim, there is concern that having a large vacant parcel in the neighborhood will become an attractive nuisance, leading to urban blight, illegal dumping or the establishment of homeless encampments. The vacant parcels may also attract illegal roadway sideshows, as well as other illicit and criminal activities. Therefore, Contra Costa County Public Works Department, Contra Costa County Office of the Sheriff, and the California Highway Patrol support the Housing Authority’s request to temporarily close portions of Market Avenue and Silver Avenue, as well as all of North Jade Street, Harrold Street, and Warren Drive, and recommends that the Board of Supervisors adopt the resolution temporarily closing the roadways per the Housing Authority’s request. Additionally, Public Works Department staff has determined that the portions of Market Avenue, Silver Avenue, North Jade Street, Harrold Street, and Warren Drive subject to temporary closure are not designated as through highways or arterial streets. Public Works Department staff have further determined that the closure of the above-described roadways will not impact traffic flow or safety on the adjacent streets or in the surrounding neighborhoods, the operation of emergency vehicles, the performance of municipal or public utility services to, or the delivery of freight by commercial vehicles in the area of those sections of roadway. Public Works Department staff mailed notice of this hearing to the residents and owners, as shown on the last equalized assessment roll, of property adjacent to the roadway closures. Staff recommends that the Board of Supervisors adopt the above-described traffic resolution. CONSEQUENCE OF NEGATIVE ACTION: The roadways could not be temporarily closed to prevent serious and continual criminal activities along these roadways. AGENDA ATTACHMENTS TR 2020/4490 Letter of Support - Sheriff Letter of Support - CHP MINUTES ATTACHMENTS MINUTES ATTACHMENTS Signed Traffic Resolution No. 2020/4490 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Traffic Resolution on February 25, 2020 by the following vote: AYES: NOES: ABSENT: ABSTAIN: TRAFFIC RESOLUTION NO. 2020/4490 Supervisorial District I TRAFFIC RESOLUTION NO. 2020/4490 SUBJECT: 18-month temporary road closure of a portion of Market Avenue, Silver Avenue, North Jade Street, Harrold Street, and Warren Drive, North Richmond area. IN THE MATTER OF adopting Traffic Resolution No. 2020/4490 for an 18-month temporary closure of Market Avenue (Road No. 0565L), between First Street (Road No. 0565U) and extending westerly for 500 feet to Martin Drive, (Road No. 0565AP); and Silver Avenue (Road No. 0565K), between First Street (Road No. 0565U) and extending westerly for 500 feet to its terminus; and North Jade Street (Road No. 0565S), between West Grove Avenue (Road No. 0565J) and northerly to Market Avenue (Road No. 0565L); and Harrold Street (Road No. 0565V); and Warren Drive (Road No. 0565AH), from March 1, 2020 through September 1, 2021, to prevent overnight criminal activity, as recommended by the Public Works Director, North Richmond area. WHEREAS, the above-mentioned roadways have experienced serious and ongoing criminal activity; WHEREAS, the Las Deltas Housing Authorit y has requested the closure of the above- mentioned roadways; WHEREAS, since vehicle traffic can contribute to criminal activity, Contra Costa County Public Works Department, Contra Costa County Office of the Sheriff, and the California Highway Patrol support the closure of the above-mentioned roadways; WHEREAS, Public Works Department staff determined that the above-mentioned roadways are not designated as a through highway or arterial street; the roadway closures will not impact traffic flow, safety on the adjacent streets or in the surrounding neighborhoods, the operation of emergency vehicles, the performance of municipal or public utility services to, or the delivery of freight by commercial vehicles in the area of the above-mentioned roadways; and WHEREAS, a public hearing was held on this proposed closure of the above-mentioned roadways, notice of which was mailed to the residents and owners, as shown on the last equalized assessment roll, of property adjacent to that portion of roadway. TRAFFIC RESOLUTION NO. 2020/4490 NOW, THEREFORE, BE IT RESOLVED THAT, pursuant to Vehicle Code section 21101.4, subdivision (a), the Board of Supervisors of the County of Contra Costa: 1. FINDS as follows: A. Based on the recommendation of the Office of the Sheriff and California Highway Patrol, there is serious and continual criminal activity occurring on the above- mentioned roadways; B. The above-mentioned roadways are not designated as through highways or arterial streets; C. Vehicular traffic contributes to the criminal activity on the above-mentioned roadways; D. The temporary closure of the above-mentioned roadways will not impact traffic flow, safety on the adjacent streets or in the surrounding neighborhoods, the operation of emergency vehicles, the performance of municipal or public utility services to, or the delivery of freight by commercial vehicles in the area of, that section of roadway. 2. ADOPT Traffic Resolution No. 2020/4490, as recommended by the Public Works Director. MS:MO:sr Orig. Dept: Public Works (Traffic) Contact: Monish Sen, 313-2187 cc: California Highway Patrol Sheriff Department I hereby certify that this is a true and correct Copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: David Twa, Clerk of the Board of Supervisors and County Administrator By , Deputy RECOMMENDATION(S): . 1. OPEN the public hearing on Resolution No. 2020/39, Ordinance No. 2020-07, Ordinance No. 2020-08, and Ordinance No. 2020-09, RECEIVE testimony, and CLOSE the public hearing 2. DETERMINE that adoption of Resolution No. 2020/39, Ordinance No. 2020-07, Ordinance No. 2020-08, and Ordinance No. 2020-09 is exempt from the California Environmental Quality Act (CEQA) under Public Resources Code Section 21080.35 and CEQA Guidelines section 15061(b)(3). . 3. ADOPT Resolution No. 2020/39, amending the General Plan to allow commercial solar energy facilities in areas designated on the Land Use Element Map as Commercial, Light Industry, or Heavy Industry, and conditionally allow commercial solar energy facilities in Agricultural Lands (County File #GP19-0001). . 4. ADOPT Ordinance No. 2020-07 (The Solar Energy Facility Ordinance), regulating commercial solar energy facilities in the general commercial (C), light industrial (L-I), heavy industrial (H-I), and planned unit (P-1) districts, and in the Solar Energy Generation (-SG) combining district (County File #ZT19-0004). APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: Joseph W. Lawlor Jr, AICP (925)674-7802 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D.6 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:February 25, 2020 Contra Costa County Subject:Solar Energy Facilities - Zoning and General Plan Updates RECOMMENDATION(S): (CONT'D) . 5. ADOPT Ordinance No. 2020-08, establishing the Solar Energy Generation (-SG) combining district to allow commercial solar energy facilities on land within an agricultural district that is combined with an -SG district, after the issuance of a land use permit (County File #ZT19-0004). 6. ADOPT Ordinance No. 2020-09 (rezoning), applying the Solar Energy Generation (-SG) Combining District to specified agricultural districts in Bethel Island, Byron, Discovery Bay, and Jersey Island (County File #RZ19-3251). . 7. DIRECT the Department of Conservation and Development to file a CEQA Notice of Exemption with the County Clerk. . FISCAL IMPACT: The cost of preparing this ordinance has been funded by the Department of Conservation and Development. BACKGROUND: . Renewable Resources Potential Study The proposed General Plan and Zoning Text Amendments, and Rezoning are being considered following considerable County efforts to encourage the development of local renewable energy. Notable achievements in these efforts include the Board’s 2015 adoption of the Climate Action Plan, 2017 decision to join the Marin Clean Energy (MCE) community choice aggregation energy program, 2017 decision to join the We Are Still In Coalition with its commitment to ambitious action on climate change, and 2018 completion of the Contra Costa County Renewable Resources Potential Study. The proposed actions are a culminating next step in the County’s ambitious renewable energy goals. In 2017, Contra Costa County received a grant from the California Strategic Growth Council to study the potential for renewable energy generation within the County and evaluate options to facilitate the development of renewable resources. The Renewable Resource Potential Study found that the greatest opportunity to increase the amount of renewable energy generated in the County would be with solar energy, in two forms. The first was rooftop solar installed on buildings and parking lots, and the second was with ground-mounted solar. The Study included a number of recommendations for the County to consider, including making changes to the County General Plan and Zoning Code to facilitate greater opportunity for solar energy generation on both infill and green field sites. In agricultural East County, the study identified farmland of marginal value for potential green field development. Identifying this area in the Study had complimentary benefits. First, by excluding prime agricultural and sensitive habitat resources, the identified area is generally preferable to solar developers as these sites may offer lower site preparation, acquisition, and mitigation costs. Second, the preservation of these resources aligns with the County’s long-term planning interests in East County. Based on the recommendations of the Study, on December 18, 2018, the Board of Supervisors directed Staff to prepare draft amendments to the County General Plan and Zoning Code that would expand the area within which an applicant could apply for a Land Use Permit, and explore incentives and other means of encouraging the construction of solar energy projects on commercial rooftops, parking lots, and underutilized land in commercial, industrial, and other infill areas. Current Status of Solar in the County Pursuant to California Government Code Section 65850.5 and guidance provided in the California Solar Permitting Guidebook published by the Governor’ s Office of Planning and Research, the Department of Conservation and Development (DCD) routinely approves solar energy projects where the energy produced will be utilized on-site. However, until December 2017, the County did not have an ordinance that allowed commercial solar resources where the energy produced would be sold to an off-site purchaser. In December of 2017, as a stopgap measure until the aforementioned renewable Resources Potential Study recommendation could be implemented, the Board of Supervisors adopted amendments to the text of the General Plan and Ordinance Code that allowed commercial solar energy facilities in the General Commercial, Light Industrial, and Heavy Industrial zoning districts after issuance of a Land Use Permit. The amendments did not include development standards or allow for development of commercial solar energy projects in agricultural areas. Development of projects in more sensitive agricultural and rural areas was expected to be addressed after a comprehensive review in the Renewable Resources Potential Study. Proposed Amendments A. Resolution No. 2020/39_General Plan Text Amendment: The proposed County-initiated amendment to the 2005-2020 Contra Costa County General Plan would allow commercial solar energy facilities in areas designated on the Land Use Element Map as Commercial (CO), Light Industry (LI), or Heavy Industry (HI), and conditionally allow commercial solar energy facilities on Agricultural Lands (AL) designated areas. The attached maps show the commercial and industrial land use designations (Attachment 5) and the location of the areas where the Solar Energy Generation (-SG) combining zoning district designation would be applied (Attachment 6). The CO, LI, and HI designations currently allow commercial scale solar facilities after issuance of a land use permit. The changes to the CO, LI, and HI designations would allow commercial scale solar facilities located on buildings and existing parking lots in commercial and industrial areas with ministerial review. These facilities would still require building permits; however, Planning would only review conformance with the standards of the Solar Ordinance. This change would address a situation faced by multiple property owners and developers within commercial and industrial areas of the County, in which a development may have low energy needs but ample space for solar panels (i.e. warehouse rooftops and parking lots). Furthermore, the less cumbersome review aligns with the County’s efforts to encourage the development of local renewable energy. In certain AL designated areas, the Amendment would allow discretionary review of new commercial solar energy facilities by the Department of Conservation and Development. By requiring Land Use Permits in these areas, the County would retain its ability to condition or deny projects that might be incompatible with neighboring uses or conflict with long-term economic development or habitat and agricultural preservation goals. Furthermore, the Zoning Ordinance would limit the issuance of Land Use Permits for commercial solar energy facilities to areas within the -SG combining district. As it is currently designed, the -SG combining district excludes all but lower-value agricultural lands and sensitive habitat resources, balancing the County’s interest in encouraging local renewable energy with its long-term planning considerations in East County. Staff notes that the Land Use Element’s description of the Heavy Industry land use designation and Ordinance Code Chapter 84-62 – Heavy Industrial District both refer back to and incorporate their Light Industry/Light Industrial counterparts. For this reason, solar energy projects may be permitted in light and heavy industrial areas by amending only the Light Industry and Light Industrial portions of the General Plan and Zoning Code, respectively. Additionally the PS designation, which is also located within the proposed overlay area, allows for wide variety of public and private uses so no changes are required to this designation. B. Ordinance No. 2020-07_Solar Energy Facilities Ordinance: Staff has prepared a draft Solar Energy Facilities Ordinance, included as Attachment 2, pursuant to the direction of the Board on December 18, 2018. The Ordinance would add Chapter 88-30 to the County Ordinance Code to allow the establishment of commercial solar energy facilities in the general commercial (C), light industrial (L-I), heavy industrial (H-I), and planned unit (P-1) districts, and in the (-SG) combining district. The Ordinance includes definitions, standards, and the process for permitting commercial solar energy facilities. A land use permit would be required prior to the establishment of a commercial solar energy facility unless the facility is exempt from this requirement. Exempt facilities include facilities installed on the roof of an existing building or on a parking canopy at an existing parking lot. C. Ordinance No. 2020-08_Solar Energy Generation (-SG) Combining District: The Ordinance would add Chapter 84-88 to the County Ordinance Code to establish the Solar Energy Generation (-SG) Combining District. The district authorizes the establishment of commercial solar energy facilities on land within an agricultural district that also is within a solar energy generation combining district, after the issuance of a land use permit. With the concurrent rezoning action, the district would apply to select agricultural parcels in the eastern portion of the county, as recommended in the Renewable Resources Potential Study. D. Ordinance No. 2020-09_Solar Combining District Rezoning: The rezoning would apply the newly created -SG combining district to a specific geographic area in East County as identified in the attached Pre-Ordinance maps (Attachment 4) and Overlay Summary Area Map (Attachment 6). The area was initially identified in the Renewable Resources Potential Study by applying filters to identify the lands most suitable for commercial solar development in East County. These filters included slope, natural land cover, soil quality and classifications, zoning overlay status, General Plan land use designation, elevation, proximity to transmission lines and substations, and other factors. By including properties with necessary attributes for commercial solar development and excluding major agricultural and sensitive habitat resources, the area balances the County’s interest in encouraging local renewable energy with its long-term planning considerations in East County. County Planning Commission Hearing and Outreach The County Planning Commission held a public hearing on January 22, 2020 for the General Plan and Zoning Text Amendments, and Rezoning of selected agricultural parcels, for the purpose of allowing commercial solar energy facilities. Following the staff presentation on the matter, the Planning Commission discussed the impacts of the proposed changes on industrial, commercial, and agricultural parcels throughout the County. At the conclusion of their discussion on January 22, 2020, the County Planning Commission voted to recommend that the Board approve the proposed General Plan and Zoning Ordinance amendments and rezoning. No public comments were provided on the item. In addition to the Planning Commission hearing, various stakeholders were consulted throughout the In addition to the Planning Commission hearing, various stakeholders were consulted throughout the preparation of the Renewable Resources Potential Study and the ensuing solar zoning and general plan update. Feedback was solicited from community organizations operating in the County, environmental groups, local renewable energy project developers, utility stakeholders and energy supply stakeholders (both PG&E and MCE), the Contra Costa County Sustainability Commission, and citizens at large. Four public meetings were held in 2018 to solicit input on the Renewable Resources Potential Study. Additionally, the proposed solar zoning and general plan updates were presented to the Bethel Island Municipal Advisory Council and the Town of Discovery Bay Community Services District at their public meetings on February 11, 2020 and August 27, 2019, respectively. Staff also offered a presentation to the Byron Municipal Advisory Council but the meetings at which the presentation was to be heard were canceled. Growth Management Performance Standards Findings A. Traffic: Policy 4-c of the Growth Management Element of the General Plan requires a traffic impact analysis of any project that is estimated to generate 100 or more additional AM or PM peak-hour trips. The General Plan and Zoning Text Amendments, and Rezone of selected agricultural parcels, for the purpose of allowing commercial solar energy facilities, is not expected to increase traffic trips. Furthermore, commercial solar energy generation facilities located at new project sites would require a land use permit; thus any specific traffic impacts would be reviewed subsequently. B. Water: The General Plan and Zoning Text Amendments, and Rezone would change where and how commercial solar facilities are allowed to be established throughout the County. These facilities are not expected to require or impact water services. Furthermore, commercial solar energy generation facilities located at new project sites would require a land use permit; thus any specific water service impacts would be reviewed subsequently. C. Sanitary Sewer: The General Plan and Zoning Text Amendments, and Rezone would change where and how commercial solar facilities are allowed to be established throughout the County. These facilities are not expected to require or impact sanitary services. Additionally the Solar Energy Facility Ordinance prohibits development above septic systems or leach fields unless approved by the Environmental Health Division. Furthermore, commercial solar energy generation facilities located at new project sites would require a land use permit; thus any specific sanitary service impacts would be reviewed subsequently. D. Fire Protection: The General Plan and Zoning Text Amendments, and Rezone would change where and how commercial solar facilities are allowed to be established throughout the County. These facilities are not expected to require or impact fire protection services. Furthermore, commercial solar energy generation facilities located at new project sites would require a land use permit; thus any specific fire service impacts would be reviewed subsequently. E. Public Protection: The General Plan and Zoning Text Amendments, and Rezone would change where and how commercial solar facilities are allowed to be established throughout the County. These facilities are not expected to require or impact public protection services. Furthermore, commercial solar energy generation facilities located at new project sites would require a land use permit; thus any specific public protection service impacts would be reviewed subsequently. F. Parks and Recreation: The General Plan and Zoning Text Amendments, and Rezone would change where and how commercial solar facilities are allowed to be established throughout the County. These facilities are not expected to require or impact Parks and Recreation services. Furthermore, commercial solar energy generation facilities located at new project sites would require a land use permit; thus any specific Parks and Recreation service impacts would be reviewed subsequently. G. Flood Control and Drainage: The General Plan and Zoning Text Amendments, and Rezone would change where and how commercial solar facilities are allowed to be established throughout the County. These facilities are not expected to have substantial Flood Control or Drainage impacts. This is due to such facilities typically encompassing an impervious surface elevated above a pervious vegetated surface. Furthermore, commercial solar energy generation facilities located at new project sites would require a land use permit; thus any specific Flood Control or Drainage impacts would be reviewed subsequently to the submittal a land use permit application. Rezoning Findings A. Compliance With General Plan: The subject properties’ rezoning to the -SG combining district is consistent with the underlying General Plan land use designations of AL and PS. With the concurrent adoption of the General Plan text amendments, which would allow for commercial solar development within the AL and PS districts, the rezoning would allow development that is permitted in the General Plan. B. Compatibility: The subject properties currently host Public/Semi-Public and Agricultural uses. The rezone would add the -SG combining district to the subject area, which would allow commercial solar facilities. With the adoption of the concurrent zoning text amendment, commercial solar facilities would be allowed in these districts. Properties adjacent to the rezoned area are largely agriculturally zoned with a small amount of industrially and residentially zoned properties. Given that the solar energy facilities comply with the proposed development standards, the expected commercial solar energy facilities would be compatible with the adjacent districts. Specifically, the facilities would not be detrimental to the welfare of adjacent uses. Overall, the project is in harmony with the surrounding area and the uses established in the area. C. Community Need: The subject properties’ rezoning to the -SG combining district would allow for the development of commercial solar energy facilities on the subject properties following the issuance of a land use permit. Development of these facilities would increase the amount of renewable energy generated in the County ensuring the obtainment of its ambitious clean energy goals. California Environmental Quality Act Findings The General Plan and Zoning Text Amendments, and Rezoning are exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code (PRC) Section 21080.35 and CEQA Guidelines section 15061(b)(3). PRC section 21080.5 exempts the installation of a solar energy system on the roof of an existing building or at an existing parking lot. The proposed actions would authorize commercial solar energy systems without a land use permit on the roofs of existing buildings and existing parking lots in the Commercial, Light Industrial, and Heavy Industrial zoning districts, and in the Planned Unit zoning district when the underlying General Plan land use designation is commercial or industrial. Because the proposed actions do not involve a Clean Water Act Permit, an Endangered Species Act Permit, a streambed alteration permit, or the removal of any tree, the exceptions to PRC Section 21080.35 do not apply. CEQA Guidelines section 15061(b)(3) is the “common sense exemption.” The proposed actions would also allow for the establishment of other commercial solar energy facilities in General and Heavy Agricultural, Commercial, Light Industrial, Heavy Industrial, and Planned Unit zoning districts after issuance of a land use permit. These projects would each be separate discretionary projects reviewed under their own subsequent CEQA analysis. Thus, it can be seen with certainty that there is no possibility that the proposed actions could have a significant effect on the environment. Conclusion and Recommendations The proposed General Plan and Ordinance Code Amendments, and Rezoning will be consistent with the goals and policies of the General Plan and with the intent and purpose of the County Zoning Ordinance. The commercial solar update would provide clear parameters for the establishment of commercial solar facilities, to ensure the health, safety, and general welfare of the community. Furthermore, the action is a culminating next step in the County’s renewable energy goals. Therefore, staff recommends the adoption of Ordinance No. 2020-07, Ordinance No. 2020-08, Ordinance No. 2020-09, and Resolution No. 2020/39 by the Board of Supervisors. CONSEQUENCE OF NEGATIVE ACTION: . If the Board decides not to adopt the proposed General Plan and Ordinance Code Amendments, then commercial solar energy facilities will continue to be disallowed in all agricultural areas, and all commercial solar energy facilities in commercial and industrial areas will continue to require a land use permit without specified development standards in place. AGENDA ATTACHMENTS Resolution 2020/39 Attachment 1 - General Plan Amendment Attachment 2 - Ordinance No. 2020-07 Solar Energy Facilities Ordinance Attachment 3 - Ordinance No. 2020-08 Solar Energy Generation Combining District Ordinance Attachment 4 - Ordinance No. 2020-09 Rezoning Maps Attachment 5 - Commercial and Industrial General Plan Map Attachment 6 - (-SG) Overlay Area Map Attachment 7 - PowerPoint Presentation MINUTES ATTACHMENTS Signed Ordinance No. 2020-07 Signed Ordinance No. 2020-08 Signed Ordinance No. 2020-09 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/25/2020 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2020/39 IN THE MATTER OF Approving a General Plan Amendment for the Commercial Solar Energy Facility Amendments Project. WHEREAS, on Tuesday, February 25, 2020, the Board of Supervisors held a public hearing to consider amending the Contra Costa County General Plan to allow commercial solar energy facilities in areas designated on the Land Use Element Map as CO, LI, or HI, and conditionally allow commercial solar energy facilities on AL designated areas (County File #GP19-0001). WHEREAS, the proposed General Plan Amendment is part of the first consolidated General Plan Amendment for calendar year 2020. NOW, THEREFORE, the Contra Costa County Board of Supervisors resolves as follows: 1. The Board of Supervisors makes the following General Plan Amendment findings: A. Urban Limit Line : The effected properties are located within and outside the County’s Urban Limit Line (ULL) which limits certain areas of the County to nonurban uses and helps to preserve farmland and open space. The term "nonurban uses" refers to rural residential and agricultural structures allowed by applicable zoning and facilities for public purposes, whether privately or publicly funded or operated, which are necessary or desirable for the public health, safety or welfare or by state or federal law. The solar General Plan text amendments allow commercial solar projects to be located in areas designated on the Land Use Element Map as Commercial (CO), Light Industry (LI), Heavy Industry (HI), and conditionally allow in Agricultural Lands (AL). Since solar energy generation facilities are for public purposes, the amendment would not conflict with the ULL policy. Furthermore, any generated energy is expected to feed into the existing electrical grid, offsetting electricity which is currently provided by non-renewable sources; thus, the project is not expected to expand urban services beyond the ULL. B. 65/35 Standard: Adoption of the proposed General Plan Amendment (GPA) will not cause a violation of the 65/35 Land Preservation Standard (the “65/35 Standard”), originally approved by County voters through adoption of Measure C-1990 and reaffirmed through adoption of Measure L-2006. Under the 65/35 Standard, no more than 35 percent of the land in the County may be developed with urban uses and at least 65 percent of the land must be preserved for nonurban uses such as agriculture, open space, parks, wetlands, etc. The term "nonurban uses" refers to rural residential and agricultural structures allowed by applicable zoning and facilities for public purposes, whether privately or publicly funded or operated, which are necessary or desirable for the public health, safety or welfare or by state or federal law. The General Plan text amendments would allow commercial solar energy facilities within the CO, LI, HI, and AL designations. Given that these solar energy facilities would be considered facilities for public purpose, no change to the 65/35 ratio is expected. C. Growth Management Program: In accordance with the Contra Costa Growth Management Program, Measure J-2004, the county is required to manage growth by allowing new development only when infrastructure and service standards are met for traffic levels of service, water, sanitary sewer, fire protection, public protection, parks and recreation, flood control and drainage and other such services. The project complies with the objectives and requirements of the Growth Management Program, and related Contra Costa Transportation Authority (CCTA) resolutions. Adoption of the proposed GPA will not increase the number of traffic trips in the County and generated energy is expected to feed into the existing electrical grid, offsetting or replacing electricity which is currently provided by non-renewable sources; thus, the amendment does not allow unsupported new development. D. Internal Consistency: The General Plan comprises an integrated, internally consistent, and compatible statement of policies governing development in the unincorporated areas. Section 8.8 of the General Plan addresses renewable energy resources. The section goals include encouraging the use of renewable resources where they are compatible with the maintenance of environmental quality and reducing energy use in the County to avoid risks of air pollution and energy shortages which could prevent orderly development. The text amendment is consistent with these goals; thus adoption of the proposed GPA will not cause the General Plan to become internally inconsistent. E. Public Interest: Pursuant to Government Code Section 65358(a), the General Plan may be amended if such amendment is deemed to be “in the public interest.” It is in the public interest to adopt the proposed GPA because allowing and encouraging commercial solar energy facilities will increase the supply of local renewable energy- a stated goal in the County General Plan. Furthermore, as it is currently designed, the -SG combining district would exclude major agricultural and sensitive habitat resources, balancing the County’s interest in encouraging local renewable energy with its long-term planning considerations in east County. 2. The Board of Supervisors hereby adopts the General Plan Amendment (County File #GP19-0001) to allow commercial solar energy facilities in areas designated on the Land Use Element Map as CO, LI, or HI, and conditionally allow commercial solar energy facilities on AL designated areas, as set forth in Attachment 1 to the February 25, 2020, Board Order authorizing approval of this General Plan Amendment. Contact: Joseph W. Lawlor Jr, AICP (925)674-7802 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: PROPOSED GENERAL PLAN TEXT AMENDMENTS RELATED TO SOLAR ENERGY GENERATING FACILITES Proposed text changes are shown in red underline (insertions) and strikeout (deletions). GENERAL PLAN, Land Use Element Commercial/Office/Industrial Uses a. Commercial (CO) This designation allows for a broad range of commercial uses typically found in smaller scale neighborhood, community and thoroughfare commercial districts, including retail and personal service facilities, limited office and financial uses. Commercial/distribution-scale sSolar energy generating facilities are allowed in accordance with the Solar Energy Facilities Ordinance in areas zoned C – General Commercial District after issuance of a land use permit. The following standards shall apply to uses in this designation: (1) Maximum site coverage: 40 percent (2) Maximum building height: 35 feet (3) Maximum floor area ratio: 1.0 (4) Average employees per gross acre: 160 employees i. Light Industry (LI) This designation allows light industrial activities such as processing, packaging, machinery repair, fabricating, distribution, warehousing and storage, research and development, and similar uses which emit only limited amounts of smoke, noise, light, or pollutants. Commercial/distribution-scale sSolar energy generating facilities are allowed in accordance with the Solar Energy Facilities Ordinance after issuance of a land use permit. The following standards apply: (1) Maximum site coverage: 50 percent (2) Maximum building height: 50 feet (3) Maximum floor area ratio: 0.67 (4) Average employees per gross acre: 60 employees Public/Semi-Public, Agricultural, and Open Space Uses b. Agricultural Lands (AL) This land use designation includes most of the privately-owned rural lands in the county, excluding private lands that are composed of prime soils or lands located in or near the Delta. Most of these lands are in hilly portions of the county and are used for grazing livestock or dry grain farming. The designation also includes non-prime agricultural lands in flat East County areas, such as outside Oakley, which are planted in orchards. Some of the Agricultural Lands south and east of Oakley and around Byron are included in the 100-year flood plain, as mapped by the Federal Emergency Management Agency (FEMA). The purpose of the Agricultural Lands designation is to preserve and protect lands capable of and generally used for the production of food, fiber, and plant materials. The title is intended to be descriptive of the predominant land -extensive agricultural uses that take place in these areas, but the land use title or description shall not be used to exclude or limit other types of agricultural, open space, or non-urban uses such as landfills, except as noted below in the descriptions of Agricultural Core, Delta Recreation and Resources, Watershed, Parks and Recreation, and Open Space. The maximum allowable density in this designation is 1 dwelling unit per 5 acres. Uses that are allowed in the Agricultural Lands designation include all land-dependent and non- land-dependent agricultural production and related activities. In addition, the following uses may be allowed by issuance of a land use permit, which shall include conditions of approval that mitigate the impacts of the use upon nearby agricultural operations through establishment of buffer areas and other techniques:  Facilities for processing agricultural products produced in the county such as dairies, rendering plants, and feed mills;  Commercial agricultural support services which are ancillary to the agricultural use of a parcel, such as veterinarians, feed stores, and equipment repair and welding; and  Small-scale visitor serving uses including small tasting rooms, stands for the sale of products grown or processed on the property, guest or dude ranches, horse training and boarding ranches, improved campgrounds, and bed and breakfast inns of five or fewer bedrooms which are on lots of 20 acres or more, extensive recreational facilities, and private retreats.; and  Solar energy facilities. The following standards shall apply to all uses allowed in the Agricultural Lands designation: (1) Any subdivision of lands shall include conditions of approval which conform with the requirements of the "Ranchette Policy," which is outlined in the "Agricultural Resources" section of the Conservation Element (Chapter 8); and (2) Residential and non-residential uses proposed in areas of special flood hazards, as shown on FEMA maps, shall conform to the requirements of the County Floodplain Management Ordinance (County Ordinance #87- 45) and the further requirements outlined in subsection (5) of the Delta Recreation and Resources section below. GENERAL PLAN, Conservation Element Renewable Energy Resources Policies 8-52. Commercial/distribution-scale sSolar energy generating facilities may be established in areas designated Commercial, Light Industry, or Heavy Industry, Agricultural Lands, and Public and Semi-Public on the Land Use Element Map, in accordance with the Solar Energy Facilities Ordinance after issuance of a land use permit. ORDINANCE NO. 2020-07 SOLAR ENERGY FACILITIES 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 88-30 to the County Ordinance Code to allow the establishment of commercial solar energy facilities in the general commercial (C), light industrial (L-I), heavy industrial (H-I), and planned unit (P-1) districts, and in the solar energy generation (-SG) combining district. SECTION II. Chapter 88-30 is added to the County Ordinance Code, to read: Chapter 88-30 SOLAR ENERGY FACILITIES Article 88-30.2 General 88-30.202 Title. This chapter is known as the Solar Energy Facilities Ordinance of Contra Costa County. (Ord. 2020-07 § 2.) 88-30.204 Purpose. The purpose of this chapter is to regulate the establishment of commercial solar energy facilities in the unincorporated area of Contra Costa County. (Ord. 2020-07 § 2.) 88-30.206 Definitions. For purposes of this chapter, the following words and phrases have the following meanings: (a)“Accessory solar energy facility,” also referred to as a “solar energy system,” means a solar energy facility that is designed to collect, store, and distribute no more solar energy than what is necessary to meet on-site energy demand. (b)“Commercial solar energy facility” means a solar energy facility that is designed to collect, store, and distribute solar energy that will be used to meet off-site energy demand. (c)“Solar energy facility” means any solar collector or other solar energy device that collects, stores, and distributes solar energy for space heating, space cooling, electric generation, or water heating. “Solar energy facility” includes a photovoltaic system consisting of one or more solar panels, a solar thermal system that converts solar energy to electricity by heating a working fluid to power a generator, and a solar hot water system designed to heat water for either domestic or commercial uses. (Ord. 2020-07 § 2.) ORDINANCE NO. 2020-07 1 Article 88-30.4 Permits 88-30.402 Land use permit required. No person may establish or expand a commercial solar energy facility in the unincorporated area of the County without first obtaining a land use permit, except as otherwise provided in this chapter. (Ord. 2020-07 § 2.) 88-30.404 Permit–exception. A commercial solar energy facility may be established or expanded without a land use permit if the facility meets all of the following criteria. (a)The facility is installed on the roof of an existing building or on a parking canopy at an existing parking lot. For purposes of this section, “existing parking lot” means an area designated and used for parking of vehicles as of the time the commercial solar energy facility is established and for at least the previous two years. (b)The facility is located in a general commercial (C), light industrial (L-I), or heavy industrial (H-I) district, or in a planned unit (P-1) district with an underlying general plan land use designation of commercial or industrial. (c)The facility complies with the standards set forth in sections 88-30.604 through 88- 30.614. (Ord. 2020-07 § 2.) 88-30.406 Application and fee. An application for a land use permit for a commercial solar energy facility must be made in writing on a form approved by the director and must be accompanied by the required fee, in an amount established by the board of supervisors in the department’s fee schedule. (Ord. 2020-07 § 2.) 88-30.408 Compliance review. The department may perform a compliance review at any time to determine whether a permittee is complying with the permit's terms and conditions, the requirements of this chapter, and all applicable laws and regulations. A permittee shall cooperate with the department to complete the compliance review and must pay all applicable compliance review fees. (Ord. 2020-07 § 2.) 88-30.410 Building permits. Nothing in this chapter, and no permit or permission granted under this chapter, waives any requirement of Title 7, including the requirement to obtain all applicable building permits for construction of a commercial solar energy facility. (Ord. 2020-07 § 2.) Article 88-30.6 Standards 88-30.602 Location requirement. A commercial solar energy facility may be established on any lot in a general commercial (C), light industrial (L-I), or heavy industrial (H-I) district, or in a ORDINANCE NO. 2020-07 2 planned unit (P-1) district with an underlying general plan land use designation of commercial or industrial, or in a solar energy generation (-SG) combining district. (Ord. 2020-07 § 2.) 88-30.604 Setbacks. The front yard, side yard, and rear yard setback requirements for a commercial solar energy facility are those applicable in the underlying zoning district. (Ord. 2020-07 § 2.) 88-30.606 Height. (a)A ground-mounted commercial solar energy facility may not exceed 25 feet in height. For a ground-mounted facility, height is measured as the vertical distance from the natural or finished grade, whichever is lower, to the top of the structure. (b)A roof-mounted commercial solar energy facility may not exceed four feet above the roof surface. (Ord. 2020-07 § 2.) 88-30.608 Visibility. A commercial solar energy facility that is visible from any public right-of- way or other public space must be designed and installed to minimize visual and aesthetic impacts to the greatest extent feasible. (Ord. 2020-07 § 2.) 88-30.610 Illumination. A commercial solar energy facility may not include any type of lighted signal, lights, or other illumination, except as necessary for the operation of the facility. (Ord. 2020-07 § 2.) 88-30.612 Septic system avoidance. A commercial solar energy facility may not be located above a septic system or leach field unless approved by the Environmental Health Division of the County Department of Health Services. (Ord. 2020-07 § 2.) 88-30.614 Habitat avoidance. A commercial solar energy facility may not be located within 75 feet of any creek or within 50 feet of any other aquatic habitat unless a land use permit is issued and the zoning administrator determines: that there will be no impact to the aquatic habitat; or that mitigation measures are available to minimize or offset any impacts to the aquatic habitat and the zoning administrator requires the mitigation measures as a condition of permit approval. (Ord. 2020-07 § 2.) 88-30.616 Site restoration. If a commercial solar energy facility is located in an -SG combining district, the following site restoration requirements apply. (a)A site restoration plan must be approved by the zoning administrator before a land use permit is issued. The restoration plan must do all of the following: (1)Identify the specific properties to which the plan applies. ORDINANCE NO. 2020-07 3 (2)Indicate that all commercial solar energy facilities, buildings, structures, and foundation will be removed to three feet below finished grade. (3)Detail all regrading and revegetation necessary to return the subject property to the condition existing before the commercial solar energy facility was established or expanded. The plan must accurately show all topography, vegetation, drainage, and unique environmental features of the site. (4)Provide an estimate of total restoration costs, including materials and labor. (5)Include a statement that the operator, applicant, and permittee guarantee and accept responsibility for all restoration work for a period of two years after completion of restoration. (b)A cash deposit or surety bond must be deposited with the department to ensure the completion of the restoration work described in an approved plan. The zoning administrator will determine the amount of security before a land use permit is issued. The amount of security will include all material and labor costs, adjusted for inflation to reflect anticipated total costs at the time of restoration. (Ord. 2020-07 § 2.) Article 88-30.8 Accessory Solar Energy Facilities 88-30.802 Approved use. An accessory solar energy facility may be established in any zoning district in accordance with Chapter 718-12. The permitting and standards provisions of this chapter do not apply to accessory solar energy facilities. (Ord. 2020-07 § 2.) SECTION III. Section 718-12.002 of the County Ordinance Code is amended to read: 718-12.002 Building permit required. (a)A building permit is required to install a solar energy system. "Solar energy system," also referred to as an “accessory solar energy facility,” has the meaning set forth in Section 88- 30.206. (b)An application for a building permit to install a solar energy system will be processed in accordance with Government Code section 65850.5. (Ords. 2020-07 § 3, 2015-13, § 2.) SECTION IV. Ordinance No. 2017-17 is repealed in its entirety. SECTION V. 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. 2020-07 4 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\2020\DCD\Ordinance No. 2020-07 Solar Engergy Facilities.wpd ORDINANCE NO. 2020-07 5 ORDINANCE NO. 2020-08 SOLAR ENERGY GENERATION COMBINING DISTRICT 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 84-88 to the County Ordinance Code to establish the Solar Energy Generation (-SG) Combining District. The ordinance authorizes the establishment of commercial solar energy facilities on land within an agricultural district that is combined with a solar energy generation combining district, after the issuance of a land use permit. SECTION II. Chapter 84-88 is added to the County Ordinance Code, to read: Chapter 84-88 SOLAR ENERGY GENERATION (-SG) COMBINING DISTRICT Article 84-88.2 General 84-88.202 Solar energy generation (-SG) combining district. All land within an agricultural (A-2, A-3, A-20, A-40, or A-80) district combined with a solar energy generation (-SG) combining district is subject to the additional regulations set forth in this chapter. (Ord. 2020-08 § 2.) 84-88.204 Priority. If there is any conflict between the regulations of this chapter and those of the underlying zoning district, the requirements of this chapter govern. (Ord. 2020-08 § 2.) 84-88.206 Definitions. For the purposes of this chapter, the following words and phrases have the following meanings: (a)“Commercial solar energy facility” has the meaning set forth in Section 88-30.206. (b)“Solar energy facility” has the meaning set forth in Section 88-30.206. (Ord. 2020-08 § 2.) Article 84-88.4 Uses 84-88.402 Permitted uses. All uses allowed in the underlying zoning district are permitted in an ORDINANCE NO. 2020-08 1 -SG district. (Ord. 2020-08 § 2.) 84-88.404 Commercial solar energy facilities. A commercial solar energy facility that meets the requirements of Chapter 88-30 may be established in an -SG district after issuance of a land use permit. (Ord. 2020-08 § 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 Contra Costa Times, a newspaper published in this County. PASSED on ___________________________, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: DAVID J. TWA, _____________________________ Clerk of the Board of Supervisors Board Chair and County Administrator By: ______________________[SEAL] Deputy KCK: H:\Client Matters\2020\DCD\Ordinance No. 2020-08 Solar Energy Generation Combining District.wpd ORDINANCE NO. 2020-08 2 ORDINANCE NO. 2020-09 (Re-Zoning Land in the Byron, Bethel Island, Jersey Island Area) 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. 2020-09 RZ19-3251 - Solar Energy Generation combining district RZ19-3251 Page 1 of 17 The Contra Costa County Board of Supervisors ordains as follows: Pages _______________________________________________________________________ _______________________________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. A-2A-3A-2 -BSA-3 -BSA-2 -FHA-3 -FH (General Agricultural)(Heavy Agricultural)(General Agricultural - Boat Storage Combining District)(Heavy Agricultural - Boat Storage Combining District)(General Agricultural - Flood Hazard Combining District)(Heavy Agricultural - Flood Hazard Combining District) A-2 -SGA-3 -SG (General Agricultural - Solar Energy Generation Combining District)(Heavy Agricultural - Solar Energy Generation Combining District)(General Agricultural - Boat Storage Combining District - Solar Energy Generation Combining District)(Heavy Agricultural - Boat Storage Combining District - Solar Energy Generation Combining District)(General Agricultural - Flood Hazard Combining District - Solar Energy Generation Combining District)(Heavy Agricultural - Flood Hazard Combining District - Solar Energy Generation Combining District) D-26, D-27, E-25, E-26, E-27, E-28, F-25, F-26, F-27, F-28, P-28, Q-27,Q-28, R-27, R-28, S-28, T-28, T-29 A-2 -BS -SG A-3 -BS -SG A-2 -FH -SG A-3 -FH -SG A-3 U A-2 H-I BigBreak San Joaqui n Ri ver Dutch Slo u g h RZ19-3251 - Solar Energy Generation combining district Page 2 of 17Pages E-25 and F-25 of the County's 2005 Zoning Map San Joaquin RiverFalse River A-3 U A-2 F-1 JerseyIsland Rd RZ19-3251 - Solar Energy Generation combining district Page 3 of 17Page D-26 of the County's 2005 Zoning Map False River Piper Slo u g h Taylor Slou g h Fisherman's CutLittle FranksTract A-2 A-3 F-1 A-3 -FH A-2 -FH F-1-FH R-B-CE-FHA-2-FH F-1 F-1 -FH F-1 A-3 -FH WWillow R d Bethel Island RdRZ19-3251 - Solar Energy Generation combining district Page 4 of 17Page D-27 of the County's 2005 Zoning Map Big Break SanJoaquinRiver Taylor Slough Dutch Slough A-3 F-1 -FH A-2 -FH U A-2 F-1 F-1 -FH R-B R-6-FH-UEF-1 TaylorRd Canal Rd Taylor Pl J e r s e y I s l a n d R d RZ19-3251 - Solar Energy Generation combining district Page 5 of 17Page E-26 of the County's 2005 Zoning Map T a y l o r SloughSloughPip e r S lough Taylor S l oughF-1 F-1 F-1 A-2Pi p e r A-3 -FH A-2 -FH A-2 -FH F-1 A-3 P-1 -FH F-1-FH F-1 -FH F-1 -FH R- B - C E - F H R-B R-B -CE -FH C a n a l R d Bethel Island Rd Harbor DrT a yl orRd RZ19-3251 - Solar Energy Generation combining district Page 6 of 17Page E-27 of the County's 2005 Zoning Map FranksTract Pipe r S l o u g h A-2 A-3 -FH T-1-FH R-B -CE-FH F-1 A-2-FH F-1 -FH F-1 -F H A-2-FH R-B-CE -FH A-2-FH A-2-FH N W i l l o w R d S Wi llowRd Piper RdAlcottC ir Porter Cir H a wthorneDr RZ19-3251 - Solar Energy Generation combining district Page 7 of 17Page E-28 of the County's 2005 Zoning Map BigBreak Dutch Slough A-3 A-2 F-1 J e r s e y I s l a n d R d City of Oakley RZ19-3251 - Solar Energy Generation combining district Page 8 of 17Page F-26 of the County's 2005 Zoning Map Dutch Slough T a y l o r S l o u g h A-3 A-2 -FH F-1 P-1 -FH P-1 -FH R-B -CE P-1 -FH -UE A-2 -FH A-3 -FH F-1-FH P-1 F-1 -F H R-B-CE-FH R-B -CE F-1 -FH P-1-CE T-1 -FH M-12 C -CE -FH T-1 A-2 -FH R- B - C E - F H A-2-FH A-2 P-1-CE-FH A-2 A-2-FHF-1 -FH R-B-CE F-1 F-1 F-1 TaylorR d Bethel Island Rd Stone Rd Wells Rd Je r sey I s land Rd Gateway Rd DeltaCovesD r GolfCourseRd Fairway Dr Isle Pl Channel Pl Ranch Ln Cottage Ln Navigators Pl Park Ln Bethel Island RdCity of Oakley RZ19-3251 - Solar Energy Generation combining district Page 9 of 17Page F-27 of the County's 2005 Zoning Map FranksTract Sand Mound SloughRoosevelt CutP i p e r S l o u g h Dutc h S l o u g h P-1 -F H - U E Gateway Rd Piper Rd Ston e R d Win d sweepRd Delta Coves Dr N St o n e R d S ug a r B a r g e R d Point Pl Bomba rd ie r Ln R i v e r v i ew R d S W i l l ow R d Fai r wayDr Edgewater Ct Delta Coves Dr A-2 -FH F-1 A-2 A-3 P-1 -FH A-3 -FH P-1-FH-UE P-1 -FH F-1 -FHT-1 -FH F-1 -FH R-40-FH-UE R-B -CE -FH R-B-CE -FH F-1 -F H F-1 -FHR-B-CE -FH T-1-FH F - 1 - FH R-40-FH -UE F-R-FH M-12-FH F-1 A-2 A-2 -FH A-2 -FH A-2-FH R-B-CE-FH R-B-CE-FH F-1 RZ19-3251 - Solar Energy Generation combining district Page 10 of 17Page F-28 of the County's 2005 Zoning Map A-3 -BS P-1 A-2 -BS P-1 P-1 -UE A-2 P-1 -UE A-3 A-40 A-2 P-1 P-1-UE A-2 A-2 A-3 -BS A-40 ÄÅ4 Highway 4 Bixler Rd Clipper Dr Cove Ln Newpo r t D r Regatta Dr Sailbo a t D r Kellogg Creek Rd W indwa rd P t Cy p r e s s P t Discovery Bay Blvd Reef CtCove Ct Yac h tDrFoghorn Way Newport C t Cove PlValley Oak Dr Driftwood Ct M o n te re y C tDriftw o o d PlCatalina Way Capstan PlGalleyCt Catamaran Ct Ba lboa Way Pelican Ct Bodega Ct Shell Pl Santa Cruz CtClipperBayDriftwoodBay WindwardBay Kellogg Creek RZ19-3251 - Solar Energy Generation combining district Page 11 of 17Page P-28 of the County's 2005 Zoning Map A-3 A-2 A-2 A-40 A-2 A-2 -BS R-40 -UER-10-UE A-2 R-10 -UE A-3 A-3 A-2 -BS Byer Rd Camino Diablo Bixler Rd Coletas Way Solara Ct Bixler RdRZ19-3251 - Solar Energy Generation combining district Page 12 of 17Pages Q-27 and Q-28 of the County's 2005 Zoning Map A-3 A-2 A-2 F-R A-3 L-I H-I A - 2 - X H - I - X L - I - X A-2 A-3 B y r o n H w y Byron Hot Springs RdRZ19-3251 - Solar Energy Generation combining district Page 13 of 17Pages R-27 and R-28 of the County's 2005 Zoning Map A-3 A-3 A-2 A-4 P-1 A-2 L-I A - 3 - X F-R L- I - X A-3 B y r o n H w y Holey Rd Byron Hot Springs Rd Clifton Court Rd Armstrong Rd Italian Slough Brushy Creek RZ19-3251 - Solar Energy Generation combining district Page 14 of 17Page S-28 of the County's 2005 Zoning Map P-1 A-3 A-3 A-4 A-4 A-4 A-4 A-2 A- 3 - X A-2 A-3 California Aqueduct B y r o n H w y N Bruns Rd Byron Hot Springs Rd Bruns RdRZ19-3251 - Solar Energy Generation combining district Page 15 of 17Page T-28 of the County's 2005 Zoning Map Clifton CourtForebay Delta Mendota CanalCalifornia Aqueduct By r o n H w y Herdlyn Rd Bruns RdA-2 A-4 A-4 A-4 A-3 A-2 A-4 A-3 A-3 - X A-2 A-2 A-2 - X RZ19-3251 - Solar Energy Generation combining district Page 16 of 17Page T-29 of the County's 2005 Zoning Map Oakley Brentwood BethelIsland JerseyIsland Byron Knightsen }þ160 567J4 }þ4 FranksTract BigBreak CliftonCourtForebay LosVaquerosReservoir San Joaquin River O l d R i v e r T-24 T-25 T-26 T-27 T-30 J-24 J-25 J-26 J-27 J-28 J-29 L-24 L-25 L-26 L-27 L-28 L-29 L-30 F-24 F-30F-29 S-24 S-25 S-26 S-27 S-29 P-24 S-30 P-25 P-26 P-27 P-29 E-30E-29 R-24 R-25 R-26 N-24 R-29 R-30 K-24 N-25 N-26 N-27 N-28 N-29 H-24 K-25 K-26 K-27 K-28 K-29 K-30 H-25 H-26 H-27 H-28 H-29 D-29D-28 Q-24 Q-25 Q-26 Q-29 G-24 G-25 G-26 G-27 G-28 G-29 M-24 M-25 M-26 M-27 M-28 M-29 M-30 T-23 J-23 F-23 L-23 P-23 S-23 H-23 K-23 N-23 R-23 G-23 Q-23 M-23 T-28 T-29 F-28F-27F-26F-25 S-28 P-28 E-28E-27E-26E-25 R-27 R-28 D-27D-26 Q-27 Q-28 Page 17 of 17 RZ19-3251 - Solar Energy Generation combining district Index of the County's 2005 Zoning Map Added to Solar Energy Generation combining overlay district (-SG)Map Pages Amended SacramentoCounty SanJoaquinCounty ÄÅ44 ÄÅ44 ÄÅ44 ÄÅ160 BethelIsland Byron Knightsen ShermanIsland BaconIsland VictoriaIsland ByronTract HollandTract JerseyIsland MandevilleIsland UnionIsland PalmTract OrwoodTract VealeTract WoodwardIsland ConeyIsland QuimbyIsland Oakley BixlerTract DiscoveryBay Antioch Brentwood ByronAirport AgriculturalCoreSanJoaquinRiver Old RiverOld RiverMiddle River FalseRiver Dutch Slough Conne c t i o n S l o u g h Piper S l o u g h Rock SloughSand Mound SloughHolland CutIndian Slou g h Woodward Canal FranksTract BigBreak ShermanLake CliftonCourtForebay LosVaquerosReservoir Little FranksTract MarshCreekReservoir Dredgers Cut Victoria CanalItalian SloughWest Cana l Grant Line Canal CaliforniaAqueductDeltaMendotaCanalcombining zoning district designation would be applied 0 2 41 MilesMap created 01/15/2020 by Contra Costa County Department of Conservation and Development, GIS Group 30 Muir Road, Martinez, CA 94553 37:59:41.791N 122:07:03.756W This map or dataset was created by the Contra Costa County Department of Conservation and Development with data from the Contra Costa County GIS Program. Some base data, primarily City Limits, is derived from the CA State Board of Equalization's tax rate areas. While obligated to use this data the County assumes no responsibility for its accuracy. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.® Figure 2 - Locations where the Solar Energy Generation (-SG) Locations where the Solar Energy Generation (-SG) combining zoning districtdesignation would be applied GP Land Use Designations AL, OIBA (Agricultural Lands Off Island Bonus Area) SV (Single Fam Res - Very Low) SL (Single Fam Res - Low) SM (Single Fam Res - Medium) SH (Single Fam Res - High) ML (Multi Fam Res - Low) MM (Multi Fam Res - Medium) MO (Mobile Home) CO (Commercial) OF (Office) LI (Light Industry) HI (Heavy Industry) CR (Commercial Recreation) PS (Public/Semi-Public) PR (Parks and Recreation) OS (Open Space) AL (Agricultural Lands) AC (Agricultural Core) DR (Delta Recreation) WA (Water) WS (Watershed) SOLAR ENERGY FACILITIES ZONING ORDINANCE AND GENERAL PLAN UPDATES Presented to Contra Costa County Board of Supervisors February 2020 Contra Costa County Department of Conservation and Development John Kopchik, Director, John.Kopchik@dcd.ccounty.us, 925-674-7205 Joseph W. Lawlor Jr, AICP, Project Planner, Joseph.Lawlor@dcd.ccounty.us, 925-674-7802 Telma B. Moreira, Principal Planner, Telma.Moreira@dcd.ccounty.us, 925-674-7783 1 Today’s Presentation •Background on Solar in Contra Costa County •Current Status of Solar Facility Permitting •Review of Proposed Updates •Recommended Board Action February 2020 2 BACKGROUND February 2020 3 Renewable Resources Potential Study 2018 February 2020 4 •$49,000 grant from California Strategic Growth Council •Study prepared by consultant, The Cadmus Group •Purpose: •Identify potential solar, wind, biomass, biogas generation •Look at options to update current policy and zoning to facilitate development of more renewable energy Key Findings •Solar identified as highest potential, both in terms of capacity and annual generation. •Potential solar energy generation is split between existing ROOFTOPS AND PARKING lots in developed areas, and undeveloped “GREENFIELD” PARCELS in rural areas. February 2020 5 Technical Potential for Clean Energy in Contra Costa County February 2020 6 Type MW Capacity Annual MWh Low High Low High Solar Rooftops 1450 2600 2,290,000 4,100,000 Parking Lots 180 530 280,000 840,000 Unlikely to be Developed 120 310 190,000 490,000 Agricultural Land with Constraints 760 970 1,200,000 1,530,000 Total Solar 2,510 4,410 3,960,000 6,960,000 Wind Total Wind 35 35 76,700 76,700 Biomass Agricultural 3 6 24,100 48,200 Wood Waste 6 26 48,000 192,000 Landfill 62 78 460,000 580,000 Total Biomass 71 110 531,000 821,000 Biogas Food Waste 1.5 1.8 10,000 13,200 Waste Water 1.7 2.0 12,400 15,200 Landfill Gas: 11 14 83,400 104,200 Total Biogas 14 18 107,000 133,000 Grand Total 2,600 4,600 4,674,000 7,990,000 Input February 2020 7 Advisory Councils (BIMAC, DBCSD) Renewable Resources Potential Study / Solar Update Community Organizations Utility Stakeholders (PG&E & MCE) Renewable Energy Developers Sustainability Commission CURRENT STATUS February 2020 8 Solar Facilities •ON-SITE ENERGY USE •The County has streamlined approval of solar facility installations where the energy produced will be utilized on site, in accordance with California Government Code 65850.5 •Must be accessory use to a primary use •OFF-SITE ENERGY USE •2017 interim update allows facilities in General Commercial,Light Industrial,and Heavy Industrial zoning districts after LUP February 2020 9 PROPOSED ORDINANCE AND GENERAL PLAN UPDATES February 2020 10 Four Actions •General Plan Text Amendment •Solar Energy Facilities Ordinance •Solar Energy Facilities (-SG) Combining District Ordinance •Rezoning of Identified Area to -SG Combining District February 2020 11 2015 Climate Action Plan Goals Strategy #Action Performance Target GHG Reduction Goals Department(s) 12 RE 1: Alternative Energy Installations Promote installation of alternative energy facilities on homes and businesses New homes with solar 2020: 8,280 2035: 14,840 Conservation and DevelopmentExisting homes with solar New businesses with solar Existing businesses with solar kW supplied by PG&E Green Tariff program RE 2: Alternative Energy Facilities Promote installation of alternative energy facilities on public land MW solar installed at public facilities in unincorporated area 2020: 270 2035: 630 Conservation and Development, Public Works RE 3: Alternative Energy Financing Lower barriers to entry for the installation of alternative energy systems n/a Supportive of overall reductions Conservation and Development February 2020 Technical Potential for Clean Energy in Contra Costa County February 2020 13 Type MW Capacity Annual MWh Low High Low High Solar Rooftops 1450 2600 2,290,000 4,100,000 Parking Lots 180 530 280,000 840,000 Unlikely to be Developed 120 310 190,000 490,000 Agricultural Land with Constraints 760 970 1,200,000 1,530,000 Total Solar 2,510 4,410 3,960,000 6,960,000 Wind Total Wind 35 35 76,700 76,700 Biomass Agricultural 3 6 24,100 48,200 Wood Waste 6 26 48,000 192,000 Landfill 62 78 460,000 580,000 Total Biomass 71 110 531,000 821,000 Biogas Food Waste 1.5 1.8 10,000 13,200 Waste Water 1.7 2.0 12,400 15,200 Landfill Gas: 11 14 83,400 104,200 Total Biogas 14 18 107,000 133,000 Grand Total 2,600 4,600 4,674,000 7,990,000 Proposed General Plan Amendment •Allows development in accordance with the Solar Energy Facilities Ordinance in Commercial (CO), Light Industry (LI), and Agricultural Lands (AL) land use designations •Requires a Land Use Permit in AL •No LUP requirement in CO and LI •HI allows all uses allowed in LI February 2020 14 August 2019 15 Proposed Solar Energy Facilities Ordinance •Allow Solar Energy Facilities for Off-Site Energy Use •Standards for Solar Energy Facilities •Requires a land use permit unless exception applies February 2020 16 Exceptions •EXCEPTION only if all of the following are met: •Installed on the roof of an existing building, or Parking Canopy at an EXISTING PARKING LOT; •Located in C, L-I, H-I, Zoning District, or P-1 District with underlying Commercial or Industrial General Plan Designation; and •Complies with the standards of the Solar Ordinance •Accessory Solar Facilities (On-Site Use)not covered by the ordinance February 2020 17 August 2019 18 August 2019 19 August 2019 20 August 2019 21 February 2020 22 Proposed -SG Combining District Ordinance and Rezoning •Allows development of commercial solar facilities in East County •All projects require a Land Use Permit •Balances land use and development interests February 2020 23 February 2020 24 February 2020 25 February 2020 26 Staff Recommendation February 2020 27 •OPEN the public hearing on Resolution No. 2020/39, Ordinance No. 2020-07, Ordinance No. 2020-08, and Ordinance No. 2020-09, RECEIVE testimony, and CLOSE the public hearing. •DETERMINE that adoption of Resolution No. 2020/39, Ordinance No. 2020-07, Ordinance No. 2020-08, and Ordinance No. 2020-09 is exempt from the California Environmental Quality Act (CEQA) under Public Resources Code Section 21080.35 and CEQA Guidelines section 15061(b)(3). •ADOPT Resolution No. 2020/39, amending the General Plan to allow commercial solar energy facilities in areas designated on the Land Use Element Map as Commercial, Light Industry, or Heavy Industry, and conditionally allow commercial solar energy facilities in Agricultural Lands (County File #GP19- 0001). •ADOPT Ordinance No. 2020-07 (The Solar Energy Facility Ordinance), regulating commercial solar energy facilities in the general commercial (C), light industrial (L-I), heavy industrial (H-I), and planned unit (P-1) districts, and in the Solar Energy Generation (-SG) combining district (County File #ZT19- 0004). •ADOPT Ordinance No. 2020-08, establishing the Solar Energy Generation (-SG) combining district to allow commercial solar energy facilities on land within an agricultural district that is combined with an -SG district, after the issuance of a land use permit (County File #ZT19-0004). •ADOPT Ordinance No. 2020-09 (rezoning), applying the Solar Energy Generation (-SG) Combining District to specified agricultural districts in Bethel Island, Byron, Discovery Bay, and Jersey Island (County File #RZ19-3251). •DIRECT the Department of Conservation and Development to file a CEQA Notice of Exemption with the County Clerk. Questions? February 2020 28 RECOMMENDATION(S): OPEN a public hearing, previously fixed for February 25, 2020 at 9:30 a.m., on implementation of the property tax cost recovery provisions of Revenue and Taxation Code section 95.3; RECEIVE testimony and CLOSE the public hearing; ADOPT the report of the Auditor-Controller filed on January 21, 2020 of the 2018-2019 fiscal year property tax-related costs of the Assessor, Tax Collector, Auditor, and Assessment Appeals Board, including the proposed charges against each local jurisdiction excepting school entities, for the local jurisdiction's proportionate share of such administrative costs; and ADOPT Resolution No. 2020/47 regarding the implementation of the property tax administrative cost recovery provisions of Revenue and Taxation Code section 95.3 for fiscal year 2019-2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: Lisa Driscoll, County Finance Director (925) 335-1023 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D.7 To:Board of Supervisors From:David Twa, County Administrator Date:February 25, 2020 Contra Costa County Subject:Property Tax Administrative Cost Recovery RECOMMENDATION(S): (CONT'D) FISCAL IMPACT: The fiscal year 2018-2019 net cost of property tax administration was $16,410,381. This amounts to approximately 0.56% of all 2018-2019 property taxes levied countywide. This cost is allocated to each taxing entity in the County based on net revenues of each entity as a percentage of total revenues. School districts, community college districts, and the County Office of Education are exempt from cost recovery. As a result, the County absorbs the schools' share, which this year amounts to $7,889,347. The net recovery to the County is $6,568,597. Total cost of property tax administration $16,410,381 Exempt School share of costs -$7,889,347 County share of costs -$1,952,437 Net recovery to the County $6,568,597 BACKGROUND: In 1997, the Board adopted Resolution No. 97/129, which provides procedures for property tax administrative cost recovery. The recommended actions are necessary for implementation of Resolution No. 97/129 for the current fiscal year. CONSEQUENCE OF NEGATIVE ACTION: The County would not recover $6,568,597 in property tax administrative costs. AGENDA ATTACHMENTS Resolution 2020/47 2019-20 Property Tax Administration Charges MINUTES ATTACHMENTS Signed Resolution No. 2020/47 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/25/2020 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2020/47 SUBJECT: Findings and Determination Concerning the Implementation of the Property Tax Administrative Cost Recovery Provisions of Revenue and Taxation Code section 95.3 A public hearing having been held during the Board of Supervisors' meeting of February 25, 2020, on implementation of the property tax cost recovery provisions of Revenue and Taxation Code section 95.3, as provided in Board of Supervisors' Resolution 97/129, the Board of Supervisors, and the Auditor-Controller, hereby make the following findings and determination. A. PROPERTY TAX ADMINISTRATIVE RECOVERY 1. On January 21, 2020, the Auditor-Controller filed with the Clerk of the Board of Supervisors a report of the 2018-2019 fiscal year property tax-related costs of the Assessor, Tax Collector, Auditor and Assessment Appeals Board, including the applicable administrative overhead costs permitted by federal circular A-87 standards, proportionally attributable to each local jurisdiction and Educational Revenue Augmentation Fund (ERAF) in Contra Costa County, in the ratio of property tax revenue received by each local jurisdiction and ERAF divided by the total property tax revenue received by all local jurisdictions and ERAFs in the county for the current fiscal year. The report included proposed charges against each local jurisdiction excepting school entities, for the local jurisdiction's proportionate share of such administrative costs. 2. On February 25, 2020, at the Board of Supervisors' meeting, a public hearing was held on the Auditor-Controller's report, notice of which was given as required by law and by Board of Supervisors' Resolution No. 97/129. 3. The report of the Auditor-Controller filed on January 21, 2020, is hereby adopted, and the Board of Supervisors and the Auditor-Controller find that amounts expressed in said report do not exceed the actual amount of 2018-2019 fiscal year property tax administrative costs proportionally attributable to local jurisdictions. 4. The additional revenue received by Contra Costa County on account of its 2018-2019 fiscal year property tax administrative costs pursuant to Revenue and Taxation Code section 95.3 shall be used only to fund the actual costs of assessing, equalizing, collecting, and allocating property taxes. An equivalent amount of the revenues budgeted to finance assessing, equalizing, collecting and allocating property taxes in fiscal year 2019-2020 may be reallocated to finance other County services. In the event that the actual 2019-2020 costs for assessing, collecting, equalizing and allocating property taxes plus allowable overhead costs are less than the amounts determined in the January 21, 2020 report by the Auditor-Controller, the difference shall be proportionally allocated to the respective local jurisdictions which paid property tax administration charges. B. FINDINGS AND DETERMINATION 1. No written objections were received by February 25, 2020 for the public hearing on the Auditor-Controller's report filed on January 21, 2020. 2. The property tax administrative costs proportionately attributable to each local jurisdiction for the 2018-2019 fiscal year are as set forth in the Auditor-Controller's report filed on January 21, 2020, attached hereto as Exhibit A. 3. The amounts expressed in the Auditor-Controller's report are correct. 4. Notice as required by law was given of the public hearing on February 25, 2020. 5. The grounds stated herein to support findings are not exclusive and any findings may be supported on any lawful ground, whether or not expressed herein. 6. If any finding herein is held invalid, such invalidity shall not affect findings which can be given effect without the invalid provision, and to this end, the invalid finding is severable. So found and determined: ________________________________________ Robert Campbell Contra Costa County Auditor-Controller Contact: Lisa Driscoll, County Finance Director (925) 335-1023 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute Contract Amendment #2 to the contracts with Alta Fence Co. and Crusader Fence Company, Inc. to extend the completion dates for each contract from March 13, 2020 to March 13, 2021, for the 2018 On-Call Fencing Services Contract(s) for Various Road, Flood Control, Airport and Facilities Maintenance Work, with no change to the payment limit, Countywide. FISCAL IMPACT: 100% Local Road, Flood Control District, Airport Enterprise, and Facilities Funds. BACKGROUND: On March 13, 2018, the County awarded two on-call fencing services contracts APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Ron Thai 925 313-7003 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 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:February 25, 2020 Contra Costa County Subject:Contract Amend #2 for the 2018 On-Call Fencing Services Contracts for Various Road, Flood Control, Airport and Facilities Maintenance Work, Countywide BACKGROUND: (CONT'D) for various road, flood control, airport, and facilities maintenance work to supplement the maintenance crews’ routine and emergency work while they are busy with other activities, and to perform work that is typically time-sensitive and may require specialized equipment and skills, in the following priority order: Alta Fence Co., in a not-to-exceed amount ($400,000) and unit prices submitted in the bid ($1,448.25 Total Unit Price); Crusader Fence Company, Inc., in a not-to-exceed amount ($400,000) and unit prices submitted in the bid ($2,719.00 Total Unit Price); These two on-call contracts became effective on March 13, 2018 and were set to expire on March 13, 2019. Contract Amendment #1, which was approved by the Board of Supervisors on March 12, 2019, extended the completion dates for each contract from March 13, 2019 to March 13, 2020. There were no changes to the maximum payment limits. To retain the services of and to enable timely payment to Alta Fence Co. and Crusader Fence Company, Inc., the Public Works Director recommends that the Board approve Contract Amendment #2 and authorize the Public Works Director, or designee, to sign Contract Amendment #2 for the County. Contract Amendment #2 will extend the completion dates for each contract from March 13, 2020 to March 13, 2021. There are no changes to the maximum payment limits. CONSEQUENCE OF NEGATIVE ACTION: These contracts have a term of one year, with the option of two one-year extensions. Failure to approve Contract Amendment #2 may prevent the Public Works Department from completing routine road, flood control, airport, and facilities maintenance work in a timely manner. RECOMMENDATION(S): RESCIND Board Action of February 12, 2019 (C.4) and APPROVE a new Notice of Intention (“NOI”) to Sell Real Property at public auction, identified as Assessor’s Parcel Numbers 068-151-016 and 068-151-017, located at 2710 and 2706 East Tregallas Road and collectively Assessor’s Parcel Numbers 067-283-010, 011, 012, and 013 located at 28, 30, and 34 Drake Street, and 2515 Lindberg Street, pursuant to Government Code Section 25363, Antioch area. (Project No. 4660-6X4168) DETERMINE that the parcels of land acquired for highway purposes described in the Notice of Intention to Sell Real Property attached hereto and incorporated herein, are surplus and no longer required for public use. DECLARE Contra Costa County’s intention to sell said properties under the Terms and Conditions of an Option Agreement referred to in the attached Notice of Public Land Sale for said properties prepared by the Real Estate Division of the Public Works Department (Real Estate). APPROVE the Notice of Public Land Sale; and DIRECT Real Estate to publish the NOI in the East County Times and Contra Costa Times pursuant to Government Code Section 25363. The Board sets April 1, 2020, at 11:00 a.m. in Conference Room A at 255 Glacier Drive, Martinez, California as the time and place where oral bids will be received and considered. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: Michael Serrano, 925-957-2489 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 2 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 25, 2020 Contra Costa County Subject:Notice of Intention to Sell Real Property at Public Auction, Antioch area. RECOMMENDATION(S): (CONT'D) FISCAL IMPACT: Contra Costa Transportation Authority (CCTA) will receive revenue from the sale of these properties at public auction. BACKGROUND: From 2009 through 2011, the County acquired right of way for CCTA’s State Route 4 (East) Widening Project from Somersville Road to State Route 160 (Segment 3A). CCTA no longer needs the remainder of these properties for State Highway purposes and wishes to dispose of the parcels as surplus property. On June 27, 2006, the Board of Supervisors ADOPTED the Mitigated Negative Declaration for the State Route 4 (East) Widening Project. [(SCH#20040921350)]. On February 12, 2019, the Board of Supervisors approved the Notice of Intention to sell surplus real property at auction set for April 3, 2019. The auction did not occur on said date due to a revision of the legal description for an additional parcel for the location of East Tregallas Rd. along with a request for a grant of easement for an irrigation line by the City of Antioch from the portion of the East Tregallas Rd. parcel. CONSEQUENCE OF NEGATIVE ACTION: The County would own and be liable for maintenance of these properties. AGENDA ATTACHMENTS Notice of Intention, Notice of Public Land Sale MINUTES ATTACHMENTS Signed: Notice of Intention RECOMMENDATION(S): APPROVE the 2020 Surface Treatment Project (Project) and AUTHORIZE the Public Works Director, or designee, to advertise the Project, Alamo, El Sobrante, and North Richmond areas. County Project No.: 0672-6U2185 (Districts I & II) FISCAL IMPACT: 100% Local Road Fund. BACKGROUND: The purpose of this Project is to conduct preventative maintenance on selected roadways in unincorporated Contra Costa County. The Project consists of applying a surface pavement treatment to selected roadways to extend pavement life by weatherproofing and delaying oxidation, restoring surface texture, providing a skid-resistant wearing surface, and correcting minor surface profile irregularities. Preparation of the roadway (prior to applying the surface seal) includes but is not limited to removal of pavement striping and markings, weed removal, cleaning and sweeping roadway surfaces, applying surface treatments on the selected roadways, thermoplastic striping, and site cleanup. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 3 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 25, 2020 Contra Costa County Subject:APPROVE the 2020 Surface Treatment Project. CONSEQUENCE OF NEGATIVE ACTION: Delay in approving the project may result in a delay of design and construction. RECOMMENDATION(S): ADOPT Resolution No. 2020/51 approving the Parcel Map for minor subdivision MS18-00011, for project being developed by Ronald & Shirley Nunn, as recommended by the Public Works Director, Brentwood area. (District III) FISCAL IMPACT: No Fiscal Impact. BACKGROUND: The Public Works Department has reviewed the conditions of approval for minor subdivision MS18-00011 and has determined that all conditions of approval for Parcel Map approval have been satisfied. CONSEQUENCE OF NEGATIVE ACTION: The Parcel Map will not be approved and recorded. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Larry Gossett- Engineering Services, Randolf Sanders- Engineering Services, Renee Hutchins - Records, Karen Piona- Record, Cinda Tovar- Design & Construction, Stanley Muroaka- DCD, Ronald & Shirley Nunn, Old Republic Title Company, T-11/25/2020 C. 4 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 25, 2020 Contra Costa County Subject:Approve the Parcel Map for minor subdivision MS18-00011, Brentwood area. AGENDA ATTACHMENTS Resolution No. 2020/51 Parcel Map Tax Letter & Deposit Note MINUTES ATTACHMENTS Signed: Resolution No. 2020/51 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/25/2020 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2020/51 IN THE MATTER OF approving the Parcel Map for minor subdivision MS18-00011, for project being developed by Ronald & Shirley Nunn, as recommended by the Public Works Director, Brentwood area. (District III) WHERE AS, the following documents were presented for board approval this date: The Parcel Map of minor subdivision MS18-00011, property located in the Brentwood area, Supervisorial District III, said map having been certified by the proper officials. Said document was accompanied by: Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2019-2020 tax lien has been paid in full and the 2020-2021 tax lien, which became a lien on the first day of January 2020, is estimated to be $13,070.00. 1. Security to guarantee the payment of taxes, as required by Title 9 of the County Ordinance Code, in the form of a cash deposit, (Auditor's Deposit Permit No. 802392, dated January 29, 2020) made by Ronald & Shirley Nunn in the amount: $13,070.00, guaranteeing the payment of the estimated tax. 2. NOW, THEREFORE, BE IT RESOLVED: That said subdivision, together with the provisions for its design and improvement, is DETERMINED to be consistent with the County's general and specific plans. 1. That said map is APPROVED and this Board does hereby accept subject to installation and acceptance of improvements on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 2. 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: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Larry Gossett- Engineering Services, Randolf Sanders- Engineering Services, Renee Hutchins - Records, Karen Piona- Record, Cinda Tovar- Design & Construction, Stanley Muroaka- DCD, Ronald & Shirley Nunn, Old Republic Title Company, T-11/25/2020 RECOMMENDATION(S): ADOPT Resolution No. 2020/50 accepting Offer of Dedication for Roadway Purposes for minor subdivision MS18-00011, for a project being developed by Ronald & Shirley Nunn, as recommended by the Public Works Director, Brentwood area. (District III) FISCAL IMPACT: No Fiscal Impact. BACKGROUND: The Offer of Dedication for Roadway Purposes is required per Condition of Approval No. 25. CONSEQUENCE OF NEGATIVE ACTION: The Offer of Dedication for Roadway Purposes will not be recorded. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Larry Gossett- Engineering Services, Randolf Sanders- Engineering Services, Renee Hutchins - Records, Karen Piona- Record, Stanley Muroaka- DCD, Ronald & Shirley Nunn C. 5 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 25, 2020 Contra Costa County Subject:Accepting Offer of Dedication for Roadway Purposes for minor subdivision MS18-00011, Brentwood area. AGENDA ATTACHMENTS Resolution No. 2020/50 Offer of Dedication - Road Purposes MINUTES ATTACHMENTS Signed: Resolution No. 2020/50 Recorded at the request of:Clerk of the Board Return To:Public Works Dept- Simone Saleh THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/25/2020 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. 2020/50 IN THE MATTER OF accepting Offer of Dedication for Roadway Purposes for minor subdivision MS18-00011, for a project being developed by Ronald & Shirley Nunn, as recommended by the Public Works Director, Brentwood area. (District III) NOW, THEREFORE, BE IT RESOLVED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY: INSTRUMENT: Offer of Dedication for Roadway Purposes REFERENCE: APNs 003-010-017, 003-010-020, 007-140-006, 007-150-017 and 007-150-018 GRANTOR: Ronald & Shirley Nunn AREA: Brentwood DISTRICT: III 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: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Larry Gossett- Engineering Services, Randolf Sanders- Engineering Services, Renee Hutchins - Records, Karen Piona- Record, Stanley Muroaka- DCD, Ronald & Shirley Nunn RECOMMENDATION(S): ACCEPT the 2019 Annual Report (2019 Report) from the Contra Costa County Flood Control and Water Conservation District (FC District) and; DIRECT the Chief Engineer, FC District, or designee, to implement action plans, with a follow-up report to this Board annually and; REFER the FC District’s efforts to develop sustainable funding for flood protection to the Transportation, Water and Infrastructure Committee. FISCAL IMPACT: Preparation of this 2019 Report cost $10,000, which was funded by FC District Funds. Implementation of the recommended action plans and assessment studies over the next ten years will cost approximately $4,000,000 to be funded by FC District and Flood Control Zone Funds, with ongoing efforts to offset expenses with grant funds. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Michelle Cordis, (925) 313-2381 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: David Twa, CAO, Allison Knapp, Deputy Chief Engineer, Tim Jensen, Flood Control, Michelle Cordis, Flood Control, Catherine Windham, Flood Control C. 6 To:Contra Costa County Flood Control District Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 25, 2020 Contra Costa County Subject:2019 Annual Report on CCC Flood Control and Water Conservation District, Countywide. Project No. 7505-6F8135 BACKGROUND: On November 5, 2013, the FC District presented to the Board its first annual report on flood protection infrastructure in order to understand its history, condition, and future needs. Annually in February, starting in 2014, we presented the Board with the FC District’s Annual Report for the previous year. The 2019 Report is provided to update the Board on the FC District’s accomplishments in 2019 as well as future challenges and next steps. In summary, our community outreach events were successful, our capital programs made progress, and our studies of aging infrastructure and unsustainable service levels continued to highlight some major concerns, primarily regarding lack of funding. Highlights of 2019 include: · FC District staff visited Representatives at the State Capitol, educating about the need for stormwater funding. · The Lower Walnut Creek Restoration Project made significant progress in the design phase, reaching 95% plans. Grant awards of more than $9 million were received. Tours and outreach continued throughout the year. · The Three Creeks Parkway Restoration Project achieved completed design plans and finalized CEQA documents. · The FC District focused volunteer efforts at Kubicek Basin to remove invasive plants, arundo donax and dittrichia. · Students at Walnut Creek Intermediate School held a 5th annual “Stay Out, Stay Alive” assembly attended by both the County Fire District’s Swift Water Rescue Team and FC District staff. · The FC District completed a 7th annual “Giving Natives a Chance” community planting day, with over 50 volunteers planting about 5,000 creeping wild rye native grass plugs. · The FC District completed the agreement to receive a third round of funding from the Department of Water Resources in the amount of $374,000 (with no local match required) for surveying and modeling to determine the flood-stage elevation on our stream gauges. · Facility Condition Assessments for all FC District infrastructure are 75% complete with results indicating that that FC District facilities are in overall good condition. · The FC District with the Contra Costa Resource Conservation District hosted the 6th Quadrennial Contra Costa Creek and Watershed Symposium, celebrating work in the County’s watershed over the last 20 years. We continue working with the California State Association of Counties and the County Engineers Association of California to find legislative ways to improve funding for stormwater and flood protection services. After the passage of SB231 in 2017, some jurisdictions are planning to adopt a fee and charge property owners for stormwater services, relying on the exemption that water and sewer districts use in Proposition 218; however, they anticipate being sued to challenge the fee. We, like many other agencies, are cautiously moving forward on determining if SB231 could assist in creating sustainable funding to meet the FC District’s needs. We have discussed this with some water and sewer districts and did not receive a commitment to partner with us. The FC District will continue implementation of the action plans outlined in the original 2013 Annual Report. The key action for the next few years will be to focus on developing sustainable funding for regional flood protection and community drainage. For the full 2019 Report and past reports, visit www.cccounty.us/5815/Annual-Reports. Staff recommends that the Board accept the 2019 Report from the FC District, direct the Chief Engineer to continue with the action plans, with a follow-up report to this Board annually, and refer the effort to develop sustainable funding for regional flood protection and community drainage to the Transportation, Water and Infrastructure Committee. CONSEQUENCE OF NEGATIVE ACTION: If the Board does not accept the 2019 Report, the County’s flood protection and community drainage infrastructure issues may not be adequately addressed, which will lead to lower levels of flood protection for our communities in the future. ATTACHMENTS 2019 Annual Report ANNUAL REPORT CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT2019 MISSION STATEMENT THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT WORKS TO REDUCE FLOOD RISK, PROMOTE STORMWATER QUALITY, AND RESTORE AND ENHANCE NATURAL RESOURCES IN AN ENVIRONMENTALLY SENSITIVE MANNER THROUGHOUT CONTRA COSTA COUNTY. A NOTE FROM BRIAN BALBAS Chief Engineer During the past year we have made great strides on bringing our two large projects, Lower Walnut Creek Restoration and Three Creeks Parkway Restoration, closer to construction. These multi-benefit projects have garnered significant grant funding and local support, showing that expanding beyond single-purpose flood protection can be done. We’ve also been preparing for our first re-accreditation through the American Public Works Association in 2020. This program enables us to objectively evaluate, verify, and recognize compli- ance with recommended best management practices. We continue to engage our community on volunteer workdays, through our Creek and Channel Safety Program, and this year by putting on a successful Contra Costa Creek and Watershed Symposium, celebrating the twentieth anniversary of the first Symposium. This Annual Report provides some of our highlights from 2019. For the complete Report and previous years’ reports, please visit www.cccounty.us/FCDAnnualReports. District staff visited with our County Representatives in April as part of WATERSHED DAY AT THE CAPITOL. They educated others on the outcome of SB 231 and the need for comprehensive funding for all stormwater management agencies in the State. The District continued to use the Upper Sand Creek Basin in Antioch as a focal point for watershed education to staff and the community. The District held a hands on workshop on site to train staff on how to harvest native willows from the basin and plant in nearby areas. The District also partnered with the Contra Costa Resource Conservation District, Friends of Marsh Creek, and Earth Team on a SECOND ANNUAL EARTH DAY event which included a trash pickup competition, native plantings, and nurturing of existing plants since the basin’s construction in 2014. Significant progress was made on the design phase THE LOWER WALNUT CREEK RESTORATION PROJECT, with the CEQA document finalized in November and 95% design plans released in December. Grant fundraising continued with awards totaling nearly $9 million in 2019. Tours and outreach continued throughout the year. The cover image is a photo simulation of The North Reach, Pacheco Marsh, of the restoration project. CONDITIONS ASSESSMENT REPORT BOGUE RANCH UPPER BASIN Alamo, CA Prepared For: CONTRA COSTA COUNTY PUBLIC WORKS FLOOD CONTROL & WATER CONSERVATION DISTRICT 255 Glacier Dr., Martinez, CA Prepared By: 2185 N. California Blvd., Suite 500 Walnut Creek, CA 94596 Project No. 8831-02 November 21, 2016 The District has completed the condition assessment of 67 flood control facilities throughout the County; and 22 are remaining to be completed in the next 2-3 years. So far, the results indicate that our facilities are in OVERALL GOOD CONDITION. Rassier Ranch Detention Basin CONDITION ASSESSMENT REPORT (FINAL) MGE Project No. 501 Prepared for: Contra Costa County Flood Control and Water Conservation District 255 Glacier Drive Martinez, CA 94553 Prepared by: 7415 Greenhaven Drive, Suite 100 Sacramento, CA 95831 October 25, 2018 LOWER REACH (UPRR to Sand Creek) Restoration Design Group, Inc. 2017 MIDDLE REACH (Deer Creek to Sand Creek)Central Blvd UPPER REACH (Deer Creek to Dainty Avenue) MARSH CRE E K M A RS H C R EEK MA RS H CR E E KSAND CREEKDEER CREEKTHREE CREEKS PARKWAY RESTORATION PROJECT 10.15.18 Summe r C ircle DLT Ventures (Griffith Parcel) Staging and Stockpile Area FFFCCCDDD PPPPPPhhhhaaaaaasssseeee IIII WWWWWiiiidddddeeeennnniiiinnnnnggggWidhasee I deninggh (((CCCooonnnsssstttrrruuuucccctttteeedddd 222000000000000))))ed 2struucte2s Pulte Development (Formerly Palmilla) Carmel Estates Retaining Wall UPRR [-80’80’ 160’0’ RDG Sungold Park (Water Quality Basin and Park Improvements) Sand Creek Bridge Duffy Meadow Dainty Park Dainty AveTrail Parcel CCCFCD Parcel HCP Setback for buffer Proposed Retaining Wall Proposed Floodplain Proposed Creek Bank Staging and Stockpile Area DLT Ventures (Griffith Parcel) Staging and Stockpile Area The District in a public-private partnership with American Rivers has completed the design of the THREE CREEKS PARKWAY RESTORATION PROJECT which will transform over ¾ mile of Marsh Creek flood control channel into high quality salmon and riparian habitat with enhanced public access in Brentwood from Dainty Avenue to the Union Pacific Railroad. With the CEQA documents finalized and design plans completed, construction is planned to start in summer 2020. The District continued to work on REMOVING THE INVASIVE PLANT, ARUNDO DONAX, in the Walnut Creek Watershed. Together with the Walnut Creek Watershed Council and the Contra Costa Resource Conservation District, this year the District focused on removing arundo and another invasive plant, Dittrichia, at Kubicek (Pine Creek) Basin in Walnut Creek on several workdays. The District held a 7 TH ANNUAL GIVING NATIVES A CHANCE PLANTING EVENT at Clayton Drain in Concord to continue removing invasive weed species continue removing invasive weed species and planting 5,000 native creeping wild rye grass plugs. The District made substantial progress in reviewing and updating its RIGHT OF WAY DATA IN GEOGRAPHIC INFORMATION SYSTEM (GIS) MAPPING. This is a long term project that will help in managing District property and assets in an efficient manner. The District continued to use GOATS FOR VEGETATION MANAGEMENT AND FIRE SUPPRESSION in District channels and basins. The District continued the CREEK AND CHANNEL SAFETY AWARENESS PROGRAM with a 5th annual event at Walnut Creek Intermediate with a poster contest, joint presentation with the Contra Costa Fire District Swiftwater Rescue Team, and channel field trip with the leadership class. www.cccounty.us/creekandchannelsafety The District with the Contra Costa Resource Conservation District sponsored the 6TH QUADRENNIAL CONTRA COSTA CREEK AND WATERSHED SYMPOSIUM bringing together like minded creek enthusiasts working to preserve the County’s varied creeks and watersheds while celebrating achievements and milestones of the last 20 years. www.cccounty.us/FloodControl @CCCFCD255 GLACIER DRIVE MARTINEZ, CA 94553 (925) 313-2000 Front: Lower Walnut Creek Restoration Project – Pacheco Marsh, Photo Simulation Back: Kubicek (Pine Creek) Basin under Mt. Diablo RECOMMENDATION(S): AUTHORIZE the Director of Airports, or designee, to negotiate a long-term ground lease and development terms between the County, as Landlord, and Montecito Development Company, LLC, as the developer, for approximately 9 acres of land on the west side of Buchanan Field Airport. FISCAL IMPACT: There is no negative impact on the General Fund. The Airport Enterprise Fund could realize lease and other revenues. The County General Fund could realize sales tax and other revenues if a lease is successfully negotiated. BACKGROUND: The development site is approximately 9-acres of vacant land owned by the County and located on the west side of Buchanan Field Airport and is commonly known as Parcel A. The parcel is designated for aviation use on the Airport Layout Plan for Buchanan Field Airport. The Airport Division of the Contra Costa County Public Works Department - Airports Division received a letter of interest from Montecito Development Company, LLC. to lease and develop APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: February 25, 2020 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:Keith Freitas, Airports Director Date:February 25, 2020 Contra Costa County Subject:Authorization to Negotiate Ground Lease and Development Terms for Buchanan Field Airport 9-Acre Parcel BACKGROUND: (CONT'D) the property for aviation use. In accordance with the Airport Division’s standard, the Airport Division solicited for competitive interest in developing the parcel prior to making a developer selection. This solicitation of competitive interest was transmitted to the current commercial tenants of both County airports and to those persons who have asked to be included on a list of developers interested in developing land at either of the County airports. The County did not receive any other letters of interest to develop this property. Consistent with the master developer selection process that was approved by the Board of Supervisors on May 23, 2006, projects without a competitive interest are to proceed with the traditional environmental review and lease development processes. The aviation development project will be presented to the Aviation Advisory Committee, the Airport Committee, and any other stakeholder to enhance community relations and collaborative relationships. Negotiation of lease terms would expand economic activity, provide additional revenues to the Airport Enterprise Fund, and expand aviation-related facilities and services at Buchanan Field Airport. A business proposal must be consistent with the Airport Master Plan and General Plan for consideration. The proposed aviation development is consistent with the Buchanan Field Airport Master Plan and General Plan. Unless and until a final lease agreement is fully executed by all parties, this Board Order, any draft lease agreement, other communications or conduct of the parties shall have absolutely no legal effect, may not be used to impose any legally binding obligation on the County and may not be used as evidence of any oral or implied agreement between the parties or as evidence of the terms and conditions of any implied agreement. CONSEQUENCE OF NEGATIVE ACTION: Delay in initiating the developer selection process will result in a delay of developing vacant land at Buchanan Field Airport and may negatively impact the Airport Enterprise Fund and County General Fund. RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a monthly rental agreement between the County and Delux Public Charter, LLC, dba JSX (formerly dba JetSuiteX) (JSX), effective March 1, 2020, to replace the existing rental agreement with JSX for the same location at Buchanan Field Airport. FISCAL IMPACT: There is no negative impact on the General Fund. The Airport Enterprise Fund receives revenue as provided for in the rental agreement. The County General Fund receives property, sales and possessory interest tax revenues from the rental agreement. BACKGROUND: On March 1, 2016, the Board of Supervisors authorized the County to enter into a property rental agreement with Delux Public Charter, LLC, dba JSX (formerly dba JetSuiteX) (JSX), to use the portable terminal building at 181 John Glenn Drive for the operation of a scheduled charter service at Buchanan Field Airport. The County and JSX entered into a rental agreement effective APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 8 To:Board of Supervisors From:Keith Freitas, Airports Director Date:February 25, 2020 Contra Costa County Subject:Rental Agreement for Portable Building at 181 John Glenn Drive, Concord (Buchanan Field Airport) (District IV). BACKGROUND: (CONT'D) March 23, 2016, on a month-to-month basis. The rent due under the 2016 agreement is a concession fee equal to $5.00 for each passenger enplaned at Buchanan Field Airport. The proposed rental agreement will replace the 2016 agreement.The proposed agreement modifies the concession fee due from JSX.In exchange for JSX carrying out a marketing campaign to promote travel from Buchanan Field, the concession fee will be reduced from $5.00 per passenger enplaned at Buchanan Field to $1.00 per passenger enplaned at Buchanan Field for the first 18,750 passengers enplaned at Buchanan Field beginning March 1, 2020.By reducing the concession fee by $4.00 for the first 18,750 passengers enplaned beginning March 1, 2020, the Airport Enterprise Fund is effectively contributing $75,000 to the campaign to promote the use of Buchanan Field. The marketing effort conducted by JSX is expected to promote Buchanan Field as an airport destination and also highlight the air services located at the airport. Increased public awareness of Buchanan Field and JSX is expected to increase enplanements and subsequently increase revenue for the County. In addition, increased awareness may lead JSX to elect to conduct operations to additional destinations, which could result in increased enplanements at Buchanan Field and higher revenues for the Airport Enterprise Fund and the County. CONSEQUENCE OF NEGATIVE ACTION: If the County does not enter into a replacement rental agreement with JSX, JSX may not conduct the marketing campaign to promote Buchanan Field. The failure to promote Buchanan Field could result in reduced passenger enplanements at Buchanan Field over time and less revenue for the Airport Enterprise Fund and the County. ATTACHMENTS JSX Agreement RECOMMENDATION(S): DENY claims filed by The Brose Company by Robert Brose, CA Auto Insurance Company, a subrogee of Rachel Grossi, Altantsetseg Chuluunbat (Conservator for Togtokh Oyuntseren), Lawrence Durbin, Terry L. Eidson, Enterprise Rent-a-Car, Gary Arthur Fiske, Derek Hawkins, Steven Jeglum, Joshua Polston, Adam Silverthorne, Bethany Sipes, Steven Thomas, University of CA, Davis (2), Vyacheslav Viner and Ilga Viner (3), and Showfan Yee. DENY amended claim filed by Xingtei Luo. FISCAL IMPACT: No fiscal impact. BACKGROUND: The Brose Company by Robert Brose: Property claim for damage to personal property in the amount of $5,900. CA Auto Insurance Company, a subrogee of Rachel Grossi: Property claim for damage to vehicle in the amount of $8,718.73 Altantsetseg Chuluunbat (Conservator for Togtokh Oyuntseren): Personal injury claim for damages arising out of bicycle accident in an amount to exceed $25,000. Lawrence Durbin: Property claim for lost personal property in the amount of $60. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Scott Selby 925.335.1400 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 9 To:Board of Supervisors From:David Twa, County Administrator Date:February 25, 2020 Contra Costa County Subject:Claims BACKGROUND: (CONT'D) Terry L. Eidson: Property claim for lost personal property in the amount of $1,434. Enterprise Rent-A-Car: Property claim for damage to vehicle arising out of motor vehicle accident in the amount of $773.37 Gary Arthur Fiske: Property claim for lost personal property in the amount of $200. Derek Hawkins: Property claim for damage to real property in the amount of $105,000. Steven Jeglum: Property claim for lost personal property in the amount of $457. Joshua Polston: Personal injury claim for damages arising out of bicycle accident in an amount to exceed $10,000. Adam Silverthorne: Property claim for damage to personal property in the amount of $6,500. Bethany Sipes: Personal injury claim for injuries sustained in automobile accident in an amount to exceed $25,000. Steven Thomas: Property claim for lost personal property in the amount of $89.39 University of California, Davis (2): Claim for a tax exemption in an undisclosed amount. Vyacheslav Viner & Ilga Viner (3): Personal injury claim arising out of alleged medical negligence in an amount according to proof. Showfan Yee: Property claim for damage to personal property in the amount of $2,094.22 Xingtei Luo: Amended claim for denial of due process in undisclosed amount. RECOMMENDATION(S): ACCEPT Board members meeting reports for January 2020. FISCAL IMPACT: No fiscal impact. BACKGROUND: Government Code section 53232.3(d) requires that members of legislative bodies report on meetings attended for which there has been expense reimbursement (mileage, meals, lodging ex cetera). The attached reports were submitted by the Board of Supervisors members in satisfaction of this requirement. District V has nothing to report. CONSEQUENCE OF NEGATIVE ACTION: The Board of Supervisors will not be in compliance with Government Code 53232.3(d). APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: Joellen Bergamini 925.335.1906 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 10 To:Board of Supervisors From:David Twa, County Administrator Date:February 25, 2020 Contra Costa County Subject:ACCEPT Board members meeting reports for January 2020 ATTACHMENTS District II January 2020 Report District III January 2020 Report District I January 2020 Report District IV January 2020 Report Supervisor Candace Andersen – Monthly Meeting Report January 2020 Date Meeting Location 6 SWAT San Ramon 7 BOS & Reorg Martinez/Lafayette 8 CCCERA Concord 8 LAFCO Martinez 13 Alamo Liaison Danville 14 BOS Special Meeting Martinez 14 Juvenile Justice CC Martinez 15 All Homes Meeting Danville 16 CCCTA Concord 16 East Bay EDA Walnut Creek 21 Board of Supervisors Martinez 21 TRAFFIX San Ramon 22 CCCERA Concord 23 Recycle Smart Walnut Creek 24 Street Smarts Danville Date Meeting Name Location 6-Jan Interview with the Brentwood Press Brentwood 7-Jan Board of Supervisors Meeting Martinez 7-Jan Board of Supervisors Reorg Luncheon Lafayette 8-Jan LAFCO Meeting Martinez 8-Jan Mental Health Commission Meeting Pleasant Hill 9-Jan Meeting with Clerk-Recorders Office Brentwood 9-Jan Meeting with Community Library Manager, Andrea Freyler Brentwood 9-Jan Heritage High School Cheerleader Recognition Brentwood 9-Jan Meeting with Economic Director, Amalia Cunningham Brentwood 10-Jan Delta Counties Coalition Meeting Brentwood 10-Jan Family Justice Center Meeting Concord 10-Jan Meeting with Department of Conservation and Development Martinez 10-Jan Meeting with Blackhawk GHAD Martinez 11-Jan 41st Annual Shellie Awards Walnut Creek 13-Jan Interview with Brentwood Press Brentwood 13-Jan First 5 Commission Meeting Concord 14-Jan Board of Supervisors Special Meeting Martinez 15-Jan Meeting with Fire Chief, Brian Helmick Brentwood 15-Jan Delta 6 Meeting Oakley 16-Jan Delta Protection Commission Meeting Oakley 21-Jan Board of Supervisors Meeting Martinez 22-Jan Agricultural Stakeholders Meeting Brentwood 22-Jan Byron Boys Ranch Tour Byron 22-Jan Meeting with County Administraotr, David Twa Brentwood 23-Jan CA Census Meeting Martinez 24-Jan Delta Counties Coalition Meeting Brentwood 25-Jan Discovery Bay State of the Town Gala Discovery Bay 27-Jan Meeting with East Contra Costa Fire Protection District Martinez 27-Jan Meeting with John Muir Health Martinez 27-Jan 2020 Census Meeting Martinez 28-Jan Oakley Logistics Center Groundbreaking Oakley 29-Jan Tri Delta Transit Meeting Antioch 30-Jan Meeting with Knightsen Superintendent Brentwood 30-Jan Meeting with Airport Committee Member, Ron Reagan Brentwood Supervisor Diane Burgis - January 2020 AB1234 Report (Government Code Section 53232.3(d) requires that members legislative bodies report on meetings attended for which there has been expense reimbursement (mileage, meals, lodging, etc). 30-Jan Meeting with Department of Conservation and Development Brentwood 30-Jan Constituent Meeting Brentwood 31-Jan Gig of the Decade Open House Concord * Reimbursement may come from an agency other than Contra Costa County Purpose Community Outreach Meeting Community Outreach Meeting Meeting Meeting Meeting Community Outreach Meeting Meeting Meeting Meeting Meeting Community Outreach Community Outreach Meeting Meeting Meeting Meeting Meeting Meeting Meeting Meeting Meeting Meeting Meeting Community Outreach Meeting Meeting Meeting Community Outreach Meeting Meeting Meeting Supervisor Diane Burgis - January 2020 AB1234 Report (Government Code Section 53232.3(d) requires that members legislative bodies report on meetings attended for which there has been expense reimbursement (mileage, meals, lodging, etc). Meeting Meeting Community Outreach * Reimbursement may come from an agency other than Contra Costa County Supervisor John Gioia January – 2020 Monthly Meeting Statement Government Code section 53232.3(d) requires that members of legislative bodies report on meetings attended for which there has been expense reimbursement (mileage, meals, lodging, etc.). Supervisor Gioia did not seek reimbursement from the County f or any meetings that he attended in his capacity as a County Supervisor during the month of January, 2020. Supervisor Karen Mitchoff January 2020 DATE MEETING NAME LOCATION PURPOSE 01/07/20 Board of Supervisos Meeting and Luncheon Martinez/ Lafayette Decisions on agenda items 01/10/20 ABAG Legislation and Administration Committee Meetings San FranciscoDecisions on agenda items 01/15/20 BAAQMD Legislative Committee San FranciscoDecisions on agenda items 01/21/20 Board of Supervisors Meeting Martinez Decisions on agenda items 01/23/20 CCCSWA Meeting Walnut Creek Decisions on agenda items 01/24/20 DCC In-Person Meeting Sacramento Water Advocacy 01/29/20 BAAQMD Speical Meeting Cupertino Decisions on agenda items 01/30/20 JCC Meeting Martinez Decisions on agenda items 01/31/20 ABAG Executive Board Meeting Dublin Decisions on agenda items RECOMMENDATION(S): ADOPT Resolution No. 2020/66 recognizing the winners of the Contra Costa Poetry Out Loud 2020 Competition, as recommended by the County Administrator. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: Julia Taylor, 925.335.1043 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 11 To:Board of Supervisors From:David Twa, County Administrator Date:February 25, 2020 Contra Costa County Subject:Recognizing the Winners of the Contra Costa County Poetry Out Loud 2020 Competition AGENDA ATTACHMENTS Resolution 2020/66 MINUTES ATTACHMENTS Signed Resolution No. 2020/66 In the matter of:Resolution No. 2020/66 Recognizing Grace Gilroy, Lily Johnstone, and Kyla Watkins for placing First, Second, and Third in the Contra Costa County “Poetry Out Loud” 2020 Competition. WHEREAS, the members of the Board of Supervisors of Contra Costa County are pleased to extend congratulations to Grace Gilroy, Lily Johnstone, and Kyla Watkins for placing first, second, and third in the Contra Costa County “Poetry Out Loud” 2020 Competition; and WHEREAS, Grace Gilroy, a senior at San Ramon Valley High in Danville, was awarded First Place, Lily Johnstone, a senior at Pinole Valley High in Pinole, was awarded Second Place, and Kyla Watkins, a junior at Las Lomas High in Walnut Creek, was awarded Third Place in the Contra Costa County “Poetry Out Loud” Competition on February 8, 2020, a competition which emphasizes language skills and public speaking; and WHEREAS, over 3,000 students countywide memorized a poem for this year’s program, a program started by the National Endowment for the Arts (NEA) and run by the California Arts Council in the State and locally by the Arts and Culture Commission of Contra Costa County (AC5), to engage high school students in the presentation of poetry through memorization and performance; and WHEREAS, this is Contra Costa County’s thirteenth year participating in the “Poetry Out Loud” competition; and WHEREAS, students performed their recitations in front of an audience of over one hundred and fifty at the Village Theater in Danville; and WHEREAS, the pool of finalists included students from the following fourteen high schools in the County: College Park High in Pleasant Hill, Deer Valley High in Antioch, El Cerrito High in El Cerrito, Independence High in Brentwood, John Henry High in Richmond, John Swett High in Crockett, Kennedy High in Richmond, Las Lomas High in Walnut Creek, Monte Vista High in Danville, Mt. McKinley High in Martinez, Pinole Valley High in Pinole, Prospects High in Antioch, Salesian College Preparatory in Richmond, and San Ramon Valley High in Danville; and WHEREAS, Grace Gilroy, Lily Johnstone, and Kyla Watkins gave extraordinary recitations along with a very competitive group of finalists; and WHEREAS, the “Poetry Out Loud” program seeks to foster the next generation of literary readers by recognizing the latest trends in poetry: recitation and performance; and WHEREAS, to excel as winners of this year's competition have, a young person must demonstrate, in addition to a great deal of natural ability, an outstanding spirit of dedication, enthusiasm and hard work. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Contra Costa County, California does hereby recognize Grace Gilroy, Lily Johnstone, and Kyla Watkins for placing First, Second, and Third in the Contra Costa County “Poetry Out Loud” 2020 Competition and extend this expression of pride in their accomplishments. ___________________ CANDACE ANDERSEN Chair, District II Supervisor Chair, District II Supervisor ______________________________________ JOHN GIOIA DIANE BURGIS Chair, District I Supervisor District III Supervisor ______________________________________ KAREN MITCHOFF FEDERAL D. GLOVER District IV Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, By: ____________________________________, Deputy C.11, PR.4 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: Gayle Israel 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: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 12 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:February 25, 2020 Contra Costa County Subject:Recognizing John Muir Health's prompt response to the needs of the community during the PSPS AGENDA ATTACHMENTS Resolution 2020/30 MINUTES ATTACHMENTS Signed Resolution No. 2020/30 In the matter of:Resolution No. 2020/30 Recognizing John Muir Health's prompt response to the needs of the community during the PSPS Whereas, in October 2019, PG&E instituted a series of Public Safety Power Outages for Contra Costa County. Whereas, Contra Costa Health Services notified health facilities, including nursing homes and local hospitals about the power shutoff and monitored them for impact. Whereas, medically vulnerable residents relying on durable medical equipment that may be affected by the power outage were identified and monitored for safety. Whereas, John Muir Health, representing John Muir Concord Medical Center and John Muir Walnut Creek Medical Center, served as charging stations available 24 hours per day. Whereas, John Muir Health provided critical service to those most in need during a precarious situation.   Be it resolved that the Board of Supervisor of Contra Costa County does hereby acknowledge John Muir Health’s prompt response to the needs of the community. ___________________ CANDACE ANDERSEN Chair, District II Supervisor ______________________________________ JOHN GIOIA DIANE BURGIS Chair, District I Supervisor District III Supervisor ______________________________________ KAREN MITCHOFF FEDERAL D. GLOVER District IV Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, By: ____________________________________, Deputy C.12 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: Gayle Israel 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: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 13 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:February 25, 2020 Contra Costa County Subject:Recognizing Sutter Delta Medical Center's prompt response to the needs of the community during the PSPS AGENDA ATTACHMENTS Resolution 2020/31 MINUTES ATTACHMENTS Signed Resolution No. 2020/31 In the matter of:Resolution No. 2020/31 Recognizing Sutter Delta Medical Center's prompt response to the needs of the community during the PSPS Whereas, in October 2019, PG&E instituted a series of Public Safety Power Outages for Contra Costa County. Whereas, Contra Costa Health Services notified health facilities, including nursing homes and local hospitals about the power shutoff and monitored them for impact. Whereas, medically vulnerable residents relying on durable medical equipment that may be affected by the power outage were identified and monitored for safety. Whereas, Sutter Delta Medical Center served as charging stations available 24 hours per day. Whereas, Sutter Delta Medical Center provided critical service to those most in need during a precarious situation. Be it resolved that the Board of Supervisor of Contra Costa County does hereby acknowledge Sutter Delta Medical Center’s prompt response to the needs of the community. ___________________ CANDACE ANDERSEN Chair, District II Supervisor ______________________________________ JOHN GIOIA DIANE BURGIS Chair, District I Supervisor District III Supervisor ______________________________________ KAREN MITCHOFF FEDERAL D. GLOVER District IV Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, By: ____________________________________, Deputy C.13 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: Gayle Israel 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: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 14 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:February 25, 2020 Contra Costa County Subject:Recognizing San Ramon Regional Medical Center's prompt response to the needs of the community during the PSPS AGENDA ATTACHMENTS Resolution 2020/32 MINUTES ATTACHMENTS Signed Resolution No. 2020/32 In the matter of:Resolution No. 2020/32 Recognizing San Ramon Regional Medical Center's prompt response to the needs of the community during the PSPS Whereas, in October 2019, PG&E instituted a series of Public Safety Power Outages for Contra Costa County. Whereas, Contra Costa Health Services notified health facilities, including nursing homes and local hospitals about the power shutoff and monitored them for impact. Whereas, medically vulnerable residents relying on durable medical equipment that may be affected by the power outage were identified and monitored for safety. Whereas, San Ramon Regional Medical Center served as charging stations available 24 hours per day. Whereas, San Ramon Regional Medical Center provided critical service to those most in need during a precarious situation. Be it resolved that the Board of Supervisor of Contra Costa County does hereby acknowledge San Ramon Regional Medical Center’s prompt response to the needs of the community. ___________________ CANDACE ANDERSEN Chair, District II Supervisor ______________________________________ JOHN GIOIA DIANE BURGIS Chair, District I Supervisor District III Supervisor ______________________________________ KAREN MITCHOFF FEDERAL D. GLOVER District IV Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, By: ____________________________________, Deputy C.14 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: Gayle Israel 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: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 15 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:February 25, 2020 Contra Costa County Subject:Recognizing Contra Costa Regional Medical Center's prompt response to the needs of the community during the PSPS AGENDA ATTACHMENTS Resolution 2020/33 MINUTES ATTACHMENTS Signed Resolution No. 2020/33 In the matter of:Resolution No. 2020/33 Recognizing Contra Costa Regional Medical Center's prompt response to the needs of the community during the PSPS Whereas, in October 2019, PG&E instituted a series of Public Safety Power Outages for Contra Costa County. Whereas, Contra Costa Health Services notified health facilities, including nursing homes and local hospitals about the power shutoff and monitored them for impact. Whereas, medically vulnerable residents relying on durable medical equipment that may be affected by the power outage were identified and monitored for safety. Whereas, Contra Costa Regional Medical Center served as charging stations available 24 hours per day. Whereas, Contra Costa Regional Medical Center provided critical service to those most in need during a precarious situation. Be it resolved that the Board of Supervisor of Contra Costa County does hereby acknowledge Contra Costa Regional Medical Center’s prompt response to the needs of the community. ___________________ CANDACE ANDERSEN Chair, District II Supervisor ______________________________________ JOHN GIOIA DIANE BURGIS Chair, District I Supervisor District III Supervisor ______________________________________ KAREN MITCHOFF FEDERAL D. GLOVER District IV Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, By: ____________________________________, Deputy C.15 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Stacey Durocher 925.335.1703 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 16 To:Board of Supervisors From:David Twa, County Administrator Date:February 25, 2020 Contra Costa County Subject:Holiday Food Fight Results and Wrap-up AGENDA ATTACHMENTS Resolution 2020/56 MINUTES ATTACHMENTS Signed Resolution No. 2020/56 In the matter of:Resolution No. 2020/56 Recognizing the employees of Contra Costa County and the 2019 Counties Care Holiday Food Fight WHEREAS, Contra Costa County departments and employees again demonstrated just how much public servants care and rose to the annual challenge to raise funds for the Food Bank of Contra Costa and Solano during the 2019 holiday season; and WHEREAS, this 17th Annual Counties Care Challenge has been an important part of the Food Bank of Contra Costa and Solano’s holiday fundraising program; and WHEREAS, in the 2019 drive Contra Costa County employees raised $84,498.44 bringing their cumulative total raised in 17 years to approximately $1.5 million; and WHEREAS, with the 2019 Counties Care Holiday Food Fight, Contra Costa County employees pulled through to bring the Big Apple trophy home along with bragging rights for the year to come; and WHEREAS, because departments and team leaders entered the annual competition with enthusiasm despite any personal or departmental challenges and stress, we salute the following stellar standouts in their leagues; MINI DEPARTMENTS: AGRICULTURE, Stephanna Hidalgo, Roxann Crosby, Team Leaders; SMALL DEPARTMENTS: County Counsel, Michielle Maurer, Wanda McAdoo, Team Leaders; MIDSIZED DEPARTMENTS:  Conservation and Development, Team Leaders too many to Name; LARGE DEPARTMENTS: Health Services, Team Leaders too many to name; SUPERVISORS’: District II, Candace Andersen, Supervisor and Lauri Byers Team Leader; and WHEREAS, all County departments and team leaders showed special ingenuity and energy by raising copious funds and earning kudos as determined by Food Fight organizers, including; GAYLE B. UILKEMA GOOD EGG:  DIANNE DINSMORE, DIRECTOR OF HUMAN RESOURCES ADDITIONAL RECOGNITION: KRISTIE HIRSCHENBERGER HEART AND SOUL:  ROXANN CROSBY, AGRICULTURE DEPARTMENT WHEREAS, the combined efforts of employees of Contra Costa and Solano counties netted the Food Bank of Contra Costa and Solano a grand total of $130,466.94 in 2019 providing close to 261,000 meals to approximately 170,000 “food-insecure” residents of both counties; and WHEREAS, this annual effort has now raised over $1.9 MILLION for the Food Bank since beginning in 2003. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Contra Costa County hereby applauds all of the tireless department team leaders and congratulates all participating Contra Costa County departments, department heads, and employees for their inspiring efforts on behalf of their community and those in need; and BE IT FURTHER RESOLVED that the Board of Supervisors of Contra Costa County thanks all County employees and residents who participated in the 2019 Counties Care Holiday Food Fight and urges all citizens of Contra Costa County and their communities to recognize and match the generosity and public spirit of County employees by giving generously to the Food Bank of Contra Costa and Solano regularly and often, through all of the Food Bank’s programs. ___________________ CANDACE ANDERSEN Chair, District II Supervisor ______________________________________ JOHN GIOIA DIANE BURGIS Chair, District I Supervisor District III Supervisor ______________________________________ KAREN MITCHOFF FEDERAL D. GLOVER District IV Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, By: ____________________________________, Deputy C.16, PR.1 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: Teresa Gerringer, 925-723-2884 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 17 To:Board of Supervisors From:Diane Burgis, District III Supervisor Date:February 25, 2020 Contra Costa County Subject:American Heart Month AGENDA ATTACHMENTS Resolution 2020/61 MINUTES ATTACHMENTS Signed Resolution No. 2020/61 In the matter of:Resolution No. 2020/61 In the matter of Recognizing the American Heart Association, John Muir Health Cardiology Department, and Contra Costa Emergency Medical Services Agency during American Heart Month. WHEREAS, the month of February has been proclaimed by the President as “American Heart Month”; and WHEREAS, approximately every 40 seconds, an American will have a heart attack, and heart disease remains the No. 1 cause of death in the U.S., surpassing all forms of cancer and chronic lower respiratory disease combined; and WHEREAS, in 2016 over 363,452 Americans died from coronary heart disease, accounting for approximately 13% of all deaths in the U.S.; and WHEREAS, over 92% of those suffering sudden cardiac arrest die before reaching the hospital; and WHEREAS, chances of survival are increased dramatically if cardiopulmonary resuscitation (CPR) and automated external defibrillator (AED) resources are available and utilized within the first three to seven minutes after sudden cardiac arrest; and WHEREAS, the goal of American Heart Month is to raise awareness of heart disease, prevention and treatment; and WHEREAS, it is appropriate to increase awareness of how to prevent cardiovascular disease and the appropriate intervention should an individual suffer from cardiovascular disease; and WHEREAS, it is appropriate to increase awareness of the value of CPR training and encourage placement of AEDs in public places; and WHEREAS, the American Heart Association and the Contra Costa County Emergency Medical Services Agency advocate and are committed to strengthening the “Chain of Survival,” which represents the five crucial links of the emergency treatment of sudden cardiac arrest - Early Access to Care, Early CPR, Early Defibrillation, Effective Advanced Life Support and Integrated Post Cardiac Arrest Care; and WHEREAS, Contra Costa County supports widespread CPR training, and public access defibrillation (PAD) and HeartSafe Community programs; and WHEREAS, Contra Costa County communities are working to make where their citizens live, work, shop and play HeartSafe; and WHEREAS, The American Heart Association (AHA) funds cardiovascular medical research, educates consumers on healthy living and fosters appropriate cardiac care; and WHEREAS, John Muir Health Cardiology is often the first line of defense in diagnosing and treating cardiovascular conditions, providing life-saving services to patients in Contra Costa County and beyond: NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors recognizes the American Heart Association, John Muir Health Cardiology, and Contra Costa County Emergency Medical Services Agency for helping to raise awareness of heart disease, prevention and treatment, and encourages all residents of Contra Costa County to learn the risks of cardiovascular disease, to stay fit through exercise and good nutrition, to know the signs of Stroke, Heart Attack and Sudden Cardiac Arrest, to learn critical lifesaving skills such as CPR and AED use, to call 9-1-1, to Act in Time when a cardiovascular emergency occurs and encouraging each community to become a HeartSafe Community. ___________________ CANDACE ANDERSEN Chair, District II Supervisor ______________________________________ JOHN GIOIA DIANE BURGIS Chair, District I Supervisor District III Supervisor ______________________________________ KAREN MITCHOFF FEDERAL D. GLOVER District IV Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, By: ____________________________________, Deputy C.17, PR.2 RECOMMENDATION(S): ADOPT Ordinance No. 2020-05, prohibiting the transfer and assignment of cannabis permits and allowing certain ownership changes in commercial cannabis businesses. FISCAL IMPACT: No fiscal impact. BACKGROUND: The attached ordinance, introduced on February, 4, 2020, amends Chapter 88-28 of the County Ordinance Code to prohibit the transfer and assignment of a cannabis permit to another person, and to allow a change in ownership of a commercial cannabis business if the change does not result in one or more new persons owning a total of 20% of the business. Under the proposed ordinance, a new cannabis permit would be required if, for example, an individual who owned 50% of a cannabis business transferred half of his or her ownership interest in the business to one new person. In this case, the new person would own 25% of the business. A new permit would also be required if, for example, a person who owned 50% of a business transferred one-fifth of his or her interest to one new person and another one-fifth to another new person. In this case, two new persons would own a total of 20% of the business. A new permit would also be required if, for example, an individual who APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: Ruben Hernandez, 925-674-7785 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 18 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:February 25, 2020 Contra Costa County Subject:Adoption of Ordinance No. 2020-07 Amending the County Cannabis Ordinance Addressing the Transferability of Commercial Cannabis Land Use Permits BACKGROUND: (CONT'D) owned 100% of a corporation transferred his or her entire ownership interest to one new individual. In this case, even though the corporation is the same corporation, a new person would own more than 20% of the corporation, so a new use permit would be required. A new cannabis permit would not be required if, for example, a person who owned 50% of a business transferred one-fourth of his or her ownership interest to one person. In this case, the new person would own 12.5% of the business. A new permit also would not be required if, for example, a person who owned 50% of a business transferred all of his or her ownership interest to a person who already owns the other 50% of the business, because there would be no transfer to a “new” person. If a cannabis permit terminates because a change in ownership results in one or more new persons owning a total of 20% or more of the business, the business may not operate until a new permit is obtained. Chapter 88-28 and state law define “person” as any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. The attached ordinance is authorized by the following codes: Business and Professions Code section 26200, which authorizes Counties to adopt ordinances to establish zoning and business regulations for commercial cannabis businesses; Government Code section 65850, which authorizes counties to adopt ordinances that regulate the use of buildings and land for businesses; and Business and Professions Code section 16100, which authorizes counties to issue regulatory permits to businesses. CONSEQUENCE OF NEGATIVE ACTION: If the proposed amendments to the Cannabis Ordinance are not adopted, approved land use permits for commercial cannabis uses could be transferred to property owners with the sale of the land allowing property owners who were not selected through the Commercial Cannabis RFP process to obtain land use permits without having been selected by the Board as required by the Cannabis Ordinance for specified commercial cannabis uses such as storefront retail businesses, commercial cultivation and manufacturing in agricultural zoning districts. AGENDA ATTACHMENTS Ordinance No. 2020-05 MINUTES ATTACHMENTS Signed Ordinance No. 2020-05 RECOMMENDATION(S): INTRODUCE Ordinance No. 2020-04, revising procedures for designating an animal as potentially dangerous or dangerous; WAIVE reading; and FIX March 10, 2020, as the date for adoption. FISCAL IMPACT: The Department does not project any fiscal impact due to the proposed ordinance. BACKGROUND: Ordinance No. 2020-04 will amend the Ordinance Code governing dangerous animals to revise the procedures for designating an animal as potentially dangerous or dangerous (PDA/DA). It authorizes the Animal Services Director to designate an animal as PDA/DA and specifies the criteria the Director must apply to designate an animal as PDA/DA. An animal may be designated potentially dangerous if it, on two separate occasions within a 36-month period while off the owner’s property, engages in any unprovoked behavior that requires a defensive action by a person to prevent bodily injury, bites a person without causing a severe injury, or seriously injures a domestic animal. An animal may be designated dangerous if it inflicts severe injury on a person or attacks APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: Arturo Castillo 925-608-8470 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 19 To:Board of Supervisors From:Beth Ward, Animal Services Director Date:February 25, 2020 Contra Costa County Subject:Ordinance No. 2020-04 amending Ordinance Code governing Potentially Dangerous and Dangerous Animals BACKGROUND: (CONT'D) livestock while off the owner’s property. Under the ordinance, the Director will issue a written notice explaining the basis for the PDA/DA designation and informing the owner of permit requirements. The animal’s owner may request a hearing to challenge the designation. An impartial hearing officer will take evidence, hear testimony, and issue a proposed written decision. The Animal Services Director will issue a final order based on that decision. The animal’s owner may appeal that order by filing a petition for writ of mandate in Superior Court. The ordinance requires owner of an animal that has been designated PDA/DA to apply for a permit to keep the animal. A permit may be issued upon the owner’s agreement to comply with permit conditions. Permit conditions include, among other requirements, maintaining the animal in an enclosure that will prevent the animal from endangering others, posting a sign warning of the designation, and payment of a permit fee. An animal designated potentially dangerous must be muzzled and leashed at all times when off the owner’s property. The owner of an animal designated dangerous must maintain liability insurance. The ordinance also provides for revocation of a permit and imposes restrictions on future animal ownership against an owner whose animal violates permit conditions. Permit fees are intended to offset the cost of investigating and permitting animals designated PDA/DA. Under the ordinance, the Animal Services Director will issue a written notice explaining the basis for denying or revoking a permit to keep an animal that has been designated PDA/DA. The animal’s owner may request a hearing to challenge a permit denial or revocation, in which event an impartial hearing officer will take evidence, hear testimony, and issue a proposed written decision. The Animal Services Director will issue a final order based on that decision. The animal’s owner may appeal that order by filing a petition for writ of mandate in Superior Court. CONSEQUENCE OF NEGATIVE ACTION: Unless the County Ordinance Code is revised, the Animal Services Department will be required to continue to hold time-consuming and expensive hearings each time it wishes to designate an animal as PDA/DA, and animal owners will continue to be able to obtain a new trial in Superior Court to appeal the designation, increasing the Department’s costs of enforcement. CHILDREN'S IMPACT STATEMENT: Per the Center for Disease Control (CDC) children ages 5 – 9 are often victims of dog bites. ATTACHMENTS Ord 2020-04 - Dangerous Animals ORDINANCE NO. 2020-04 1 ORDINANCE NO. 2020-04 (DANGEROUS ANIMALS) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION I. SUMMARY. This ordinance amends the County Ordinance Code to revise procedures for designating animals as potentially dangerous or dangerous. SECTION II. Chapter 416-18 is added to the County Ordinance Code, to read: Chapter 416-18 DANGEROUS ANIMALS Article 416-18.2. General. 416-18.202 Definitions. For purposes of this chapter, the following words and phrases have the following meanings: (a) A “dangerous” animal means an animal that demonstrates any of the following behavior: (1) An animal that, when unprovoked, inflicts severe injury on or kills a human being who is conducting himself or herself peacefully and lawfully. For this definition, a person is peaceably and lawfully upon the private property of an owner or possessor of the animal when he or she is on the property in the performance of any duty imposed upon him or her by law, or when he or she is on the property upon express or implied invitation. (2) An animal designated as a potentially dangerous animal that, after its owner has been notified of this designation, exhibits any of the behaviors described in the definition of “potentially dangerous” animal set forth in this article. (3) An animal that attacks livestock off the property of the attacking animal’s owner. (b) A “potentially dangerous” animal means an animal that demonstrates any of the following behavior: (1) An animal that, on two separate occasions within a 36-month period, engages in any unprovoked behavior that requires a defensive action by a person to prevent bodily injury when the person and the animal are off the property of the animal’s owner. (2) An animal that, when unprovoked, bites a person causing an injury that is not a “severe injury” as defined in this chapter. ORDINANCE NO. 2020-04 2 (3) An animal that, on two separate occasions within a 36-month period, when unprovoked, seriously bites, inflicts injury, or otherwise causes injury to a domestic animal off the property of the attacking animal’s owner. (4) An animal that, when unprovoked and off the property of the animal’s owner, engages in behavior that causes the death of a domestic animal or causes injury to a domestic animal that is so severe that a veterinarian recommends euthanasia due to the severity of the injuries caused by the attack. (c) A “severe injury” means any physical injury to a human being that results in muscle tears or disfiguring lacerations, or requires multiple sutures or corrective or cosmetic surgery. (Ord. 2020-04 § 2, 2017-12 § 2, 2005-24 § 2, 87-74 § 5, 80-97 § 2.) 416-18.204 Obligations of Animal Owner. (a) An owner or possessor of a dog shall at all times prevent the dog from (1) biting or physically harassing a person engaged in a lawful act, and (2) interfering with the lawful use of public or private property. (b) An owner or possessor of a dog shall at all times prevent the dog from causing injury to another domestic animal while the domestic animal is lawfully upon public or private property. (c) A person with knowledge that an animal has bitten or attacked a human being must promptly report that fact to the animal services department. (Ord. 2020-04 § 2, 2017-12 § 2, 2005-24 § 2, 87-74 § 5, 80-97 § 2.) 416-18.206 Law Enforcement Animals. This chapter does not apply to a trained animal assisting a peace officer engaged in law enforcement duties. (Ord. 2020-04 § 2, 2017-12 § 2, 2005-24 § 2, 87-74 § 5, 80-97 § 2.) Article 416-18.4. Procedures. 416-18.402 Potentially Dangerous and Dangerous Animal Designations. (a) The animal services director may determine that an animal is potentially dangerous or dangerous. Within 15 days after determining that an animal is potentially dangerous or dangerous, the animal services director will issue an order designating the animal potentially dangerous or dangerous. The order will specify the reasons for the designation. If applicable, the order will also inform the owner that he or she may apply for a permit to keep the animal, the deadline for applying, the permit conditions that may be imposed, and the owner’s right to appeal the designation. (b) The animal services director will consider all of the following factors in determining whether an animal is potentially dangerous or dangerous: ORDINANCE NO. 2020-04 3 (1) Whether an injury to a person by the animal was caused or contributed to by the actions of that person, including acts of physical abuse, tormenting, teasing, or assaulting the animal. (2) Whether a person injured by the animal was committing a trespass or other tort upon premises occupied by the owner or keeper of the animal, or was committing or attempting to commit a crime. (3) Whether an injury to a domestic animal was caused or contributed to by the actions of the domestic animal, including acts of teasing, tormenting, abusing, or attacking the animal. (4) Whether a person injured by the animal had gained uninvited and unauthorized entry onto fenced or indoor property of the animal’s owner or keeper. As used in this section, “unauthorized entry” does not include entry into a fenced residential front yard unless the yard is locked or posted to prohibit entry. (5) Whether an injury to a person by the animal was caused while the animal was protecting or defending a person within the immediate vicinity of the animal from an unjustified attack or assault. (Ord. 2020-04 § 2, 2017-12 § 2, 2005-24 § 2, 87- 74 § 5, 80-97 § 2.) 416-18.404 Permits to Keep Potentially Dangerous or Dangerous Animals. (a) Application. If an owner wishes to keep an animal that has been designated potentially dangerous or dangerous, the owner must apply for and obtain a permit to keep the animal. The owner must apply for the permit within the time specified in the final order designating the animal potentially dangerous or dangerous. The permit application must include: (1) The name and address of the animal’s owner, and the names and addresses of two persons who may be contacted in the case of emergency; (2) An accurate description of the animal for which the permit is requested, including the number of the County-issued license for that animal; (3) The address where the animal will be located; (4) The purpose for which the animal will be kept; (5) An application fee; (6) An agreement to comply with all permit conditions; and (7) Such other information as the animal services director may require. ORDINANCE NO. 2020-04 4 (b) Order on Application. Within 30 days after receiving a completed application for a permit to keep an animal designated potentially dangerous or dangerous, the animal services director will issue an order granting or denying the permit. If the order denies the permit, the order will specify the reasons for denying the permit and state that the owner has a right to appeal the permit denial. (c) Permit Denial. The animal services director may deny an application for a permit if the director determines (1) the animal poses an undue risk to public safety, or (2) the animal’s owner lacks sufficient resources or ability to keep the animal in a manner that does not pose a threat to public safety, or (3) the animal’s owner does not agree to comply with all permit conditions. (d) Permit Issuance. The animal services director may issue a potentially dangerous or dangerous animal permit if the director finds all of the following conditions are satisfied: (1) The animal’s owner has facilities to adequately secure, feed, house, and maintain the animal. (2) Possession and maintenance of the animal at the owner’s location is not likely to endanger the peace, quiet, health, safety, or comfort of persons in the vicinity of the location. (3) Possession and maintenance of the animal at the owner’s location is not likely to be detrimental to agriculture, native wildlife, or the public peace, health, or safety. (4) Possession and maintenance of the animal at the owner’s location has not resulted in, and is not likely to result in, the animal being subjected to neglect, suffering, cruelty, or abuse. (5) The animal’s owner has not had a potentially dangerous or dangerous animal permit revoked, and has not been found to have violated this division or any law regulating animals within the previous three years. (6) Possession of the animal at the owner’s location will not violate any law, ordinance, or regulation. (7) The animal’s owner agrees to comply with all of the permit conditions. (e) Permit Conditions. The animal services director will impose conditions on a permit to keep a dangerous or potentially dangerous animal as provided in this section. (1) A potentially dangerous animal permit and a dangerous animal permit shall include all of the following conditions: (A) The animal’s owner must comply with all relevant state laws and ordinances. (B) The animal must be properly licensed and vaccinated at all times. ORDINANCE NO. 2020-04 5 (C) The permit is nontransferable. (D) The owner or keeper of the animal may not be a minor. (E) The animal may not be possessed or maintained at any location other than that specified in the permit. (F) The animal’s owner must display on the property where the animal is kept a sign containing a warning that there is a potentially dangerous or dangerous animal on the premises. The dimensions, colors, lettering, and graphics of the sign must comply with standards established by the animal services director. The sign must be located where it will be visible to the general public. (G) The animal may never be at large, as defined in Section 416-4.402, and must be securely maintained at all times. (H) The animal’s owner shall immediately notify the animal services department if the animal is at large, has attacked another animal, has bitten a human being, or has died. (I) If the animal is not securely confined indoors, it must be confined as follows, unless the animal services director modifies the conditions of confinement where warranted: (i) The animal shall be confined in an enclosure consisting of a fence or structure suitable to prevent the entry of young children, and suitable to confine a potentially dangerous or dangerous animal as determined by the animal services department. The enclosure shall be securely locked, have secure sides and bottom sufficient to prevent the animal from escaping, and shall be of sufficient size to provide the animal with adequate exercise area. (ii) When off the property of the animal’s owner or keeper, the animal shall be muzzled and leashed with a substantial leash not to exceed six feet in length and under the control of a responsible adult who is familiar with and in control of the animal. (iii) When being transported, the animal shall be humanely confined in a vehicle so that it can neither escape nor inflict injury on passersby. (J) The animal shall not be allowed to endanger the peace, health, or safety of people, domestic animals or native wildlife. (K) The animal shall not be subject to neglect, suffering, cruelty, or abuse. ORDINANCE NO. 2020-04 6 (L) The location where the animal is possessed or maintained must be kept clean and sanitary; and the animal must be provided with proper and adequate food, water, ventilation, shelter and care at all times. (M) An employee of the animal services department must be allowed at any reasonable time to inspect the animal and the place where the animal is located. (N) The animal’s owner must pay all fees required in accordance with the animal services department’s fee schedule adopted by resolution of the board of supervisors. (O) The animal’s owner must allow and pay for the animal to be sterilized and have a microchip implanted by the animal services department for identification purposes. (2) A potentially dangerous animal permit shall also include all of the following conditions: (A) The potentially dangerous animal must complete an obedience course approved by the animal services director, at the owner's expense, within 60 days after the animal is released to its owner, or within a reasonable time as authorized by the animal services director. (B) The permittee shall notify the animal services department within 48 hours after the potentially dangerous animal is deceased, sold, transferred or permanently removed from the location designated on the permit, and provide the name, address, and phone number of the animal’s new owner and the animal’s new location. (3) A dangerous animal permit shall also include all of the following conditions: (A) A dangerous animal securely confined in an enclosure shall not be tethered. (B) Unless a dangerous animal is securely confined indoors or in an outdoor enclosure on the property where the animal is maintained as described in subsection (e)(I)(i) of this section, the animal may only be removed for purposes of obtaining veterinary care, being sold or given away, or to comply with any provision of law or a directive of the animal services director. (C) Within 30 days after the animal is designated dangerous, the animal’s owner must give written notice, with a copy to the animal services director, of the animal's dangerous designation to the local police and fire departments, the local branch of the U.S. Post Office, and all utility companies that provide services to the premises where the animal is kept. ORDINANCE NO. 2020-04 7 (D) The animal’s owner must have in force at all times liability insurance from an insurer licensed in the state of California, in a single incident amount of not less than $100,000 for each animal, for injury to or death of a person, or loss or damage to property caused by or resulting from an act of the animal. Liability insurance shall not be canceled unless the owner ceases to own the animal. The owner shall provide to the animal services director a certificate of insurance issued by the insurer stating that the foregoing insurance is in place. The owner shall also provide documentation from the insurer warranting that the insurer will provide the county at least 30 days advance notice of cancellation of insurance. (E) The permittee shall give the animal services department at least 48 hours advance notice of the sale, transfer or permanent removal of the animal to a location not designated in the permit, and provide the name, address, and phone number of the animal’s new owner and the animal’s new location. (f) Term of Permit. A potentially dangerous or dangerous animal permit is valid for one year from the date of its issuance, unless the animal services director approves a longer term. (g) Removal of Potentially Dangerous Designation. The animal services director will remove the “potentially dangerous” designation from an animal if there are no additional instances of the behavior described in the definition of “potentially dangerous” animal within the 36-month period after the date of designation. The animal services director may, in his or her discretion, remove the “potentially dangerous” designation earlier than 36 months after the date of designation. (h) Permit Renewal. An application to renew a permit issued under this chapter must be filed at least 30 days before the permit expires. No person holding a potentially dangerous or dangerous animal permit has the right to an automatic renewal of the permit. Failure to renew a permit before its expiration will result in a late fee, may result in an administrative fine or infraction citation, or the animal may be impounded and humanely destroyed. (i) Fees. Animal permit application fees, permit fees, late fees, impound fees, inspection fees, microchip fees, and sterilization fees will be in amounts established by the board of supervisors in the animal services department’s fee schedule. An inspection fee for evaluating the facilities where an animal designated potentially dangerous or dangerous is maintained will be charged to the animal’s owner for each inspection deemed necessary following the initial investigation. (j) Permit Revocation. If the owner of an animal designated potentially dangerous or dangerous violates a permit condition, the animal services director may, in addition to administrative penalties under Article 416-4.8, issue an order revoking the permit and impounding the animal. If the animal services director determines the animal poses an undue threat to public safety, the animal may be euthanized. The order revoking the permit will specify whether the animal is to be euthanized. ORDINANCE NO. 2020-04 8 (k) Prohibition of Future Ownership. (1) If the owner of an animal designated potentially dangerous or dangerous violates a permit condition, the animal services director may, in addition to other penalties provided in this chapter, issue an order prohibiting the owner from owning an animal of the same species for up to five years after the date of the original designation. (2) A person who owns, possesses, keeps, or harbors an animal designated potentially dangerous or dangerous without a permit may be subject to restrictions on ownership of other animals of the same species for a period of five years. (Ord. 2020-04 § 2, 2017-12 § 2, 2005-24 § 2, 87-74 § 5, 80-97 § 2.) 416-18.406 Hearings. (a) Appeal. An animal owner may appeal an order that: designates the owner’s animal potentially dangerous or dangerous; denies a permit to keep an animal designated potentially dangerous or dangerous; revokes a permit; imposes penalties for a violation of this chapter; or requires that an animal be euthanized. (b) Hearing Request. An appeal of an order must be filed with the animal services department within 15 days after the date of the issuance of the order. If no request for appeal is received within 15 days after the date of issuance of the order, then the order is final. (c) Notice of Hearing. Upon receipt of a timely request for a hearing, the animal services director will schedule a hearing before an impartial hearing officer and provide written notice to the owner of the date, time, and location of the hearing at least five days before the hearing date. (d) Hearing Procedures. (1) Evidence. At the hearing, the animal’s owner and animal services department employees will be given the opportunity to present oral and written testimony and other evidence, and to present oral and written argument. The hearing need not be conducted according to technical judicial rules relating to evidence, witnesses and discovery. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule that might make improper the admission of the evidence over objection in civil actions. (2) Transcript of Hearing. Oral testimony at the hearing will not be transcribed by a court reporter unless the animal owner arranges and pays for a court reporter to be present at the hearing. (3) Decision. Within 15 days after the conclusion of the hearing, the hearing officer will issue a written proposed decision affirming, revising, or reversing the order. ORDINANCE NO. 2020-04 9 The proposed decision will be based on the record and include a statement of the factual and legal basis of the decision. (e) Procedures After Hearing. (1) The animal services director will issue a final order after considering the hearing officer’s proposed decision. Within 15 days after receiving the hearing officer’s proposed decision, the animal services director will send to the owner a notice of the final order and a copy of the hearing officer’s proposed decision. (2) If the final order designates the animal as potentially dangerous or dangerous, then the owner may keep the animal only after applying for and obtaining a permit, as provided in this chapter. The animal services director retains discretion to accept or deny a permit to keep the animal. (3) If the final order revokes a permit, then within 10 days of the date of the notice of order the owner of the animal shall surrender the animal to the animal services department or place the animal outside of Contra Costa County with permission from the new jurisdiction. (4) If the final order after hearing overturns the animal services director’s order, then any bond obtained by the animal owner shall be released and, if applicable, the animal shall be returned to the custody of the owner. (f) Appeal of Final Order to the Superior Court. A final order issued under this chapter may be appealed to the Superior Court in accordance with Code of Civil Procedure section 1094.5. (g) Written Notices. All notices, orders, and decisions issued under this chapter shall be sent by first class mail to the animal’s owner at the address identified on the application for the permit to keep the potentially dangerous or dangerous animal, if any, or at the address identified on the animal’s license with the County. The animal’s owner shall promptly notify the animal services department of any change of address. (Ord. 2020-04 § 2, 2017-12 § 2, 2005-24 § 2, 87-74 § 5, 80-97 § 2.) 416-18.408 Restrictions on Animal Ownership by Convicted Felons. (a) A person who has been convicted of a felony under the laws of the United States, of the state of California, or any other state, government, or country, who owns, purchases, receives, or has in his or her possession or under his or her custody or control an animal that poses a danger to public health, safety, or welfare if misused by a convicted felon is guilty of a misdemeanor, unless the person possesses a current, valid permit for that animal as provided in this section. A convicted felon under this section does not include felons whose convictions were set aside pursuant to Penal Code Section 1203.4. (1) "Misuse" by a convicted felon means use of an animal in a threatening or aggressive manner, or in the commission of a crime. ORDINANCE NO. 2020-04 10 (2) An animal whose owner is in violation of this section shall be impounded, and may be euthanized, at the owner's expense. (3) An animal that poses a danger to public health, safety, or welfare if misused by a convicted felon under this section means any of the following: (A) A dog weighing more than 20 pounds; (B) An animal that has been designated potentially dangerous or dangerous under this chapter; (C) An animal designated by the animal services director as posing a danger to public health, safety, or welfare if misused by a convicted felon based upon the following factors: (i) The nature of any complaints regarding the animal, (ii) The strength of the animal, including jaw strength, (iii) The animal's tolerance for pain, (iv) The animal's tendency to refuse to terminate an attack, (v) The animal's potential propensity to bite humans or other domestic animals, (vi) The animal's potential for unpredictable behavior, (vii) The animal's aggressiveness, and (viii) The likelihood that a bite by the animal will result in severe injury. (b) Felon Prohibited Animal Permit. (1) A convicted felon who wishes to own, purchase, receive, or have in his or her possession or under his or her custody or control a dog weighing more than 20 pounds, or an animal that the animal services director designates as posing a danger to public health, safety, or welfare if misused by a convicted felon as provided in this section, may apply for a prohibited animal permit to own, keep, or maintain that animal. (2) If there is probable cause to believe that an animal poses a danger to public health, safety, or welfare if misused by a convicted felon, the animal services director may order the animal impounded until any required permit is obtained. (3) If the animal services director designates an animal as posing a danger to public health, safety, or welfare if misused by a convicted felon, written notice of this designation shall be mailed to the animal’s owner. ORDINANCE NO. 2020-04 11 (4) The owner of an animal designated as posing a danger to public health, safety, or welfare if misused by a convicted felon, must apply for a prohibited animal permit and pay an application fee within 15 calendar days after the mailing of the written notice of designation. (5) The animal services director may deny a prohibited animal permit if he or she determines that the animal poses a danger to public health, safety, or welfare, or may condition the issuance of the permit upon the permittee's written agreement to comply with conditions of ownership to be determined by the animal services director. These conditions of ownership may include, but are not limited to, the permit conditions imposed for animals designated potentially dangerous or dangerous under this chapter. (6) The animal services director may revoke a prohibited animal permit if there is probable cause to believe that the convicted felon's continued ownership of the animal poses a danger to public health, safety, or welfare. (c) This section does not apply to any assistance dog, including guide dogs, signal dogs, and service dogs, trained or in training to assist a qualified individual with a disability. (Ord. 2020-04 § 2, 2017-12 § 2, 2005-24 § 2, 87-74 § 5, 80-97 § 2.) 416-18.410 Animals Designated by Other Jurisdictions. Any person who wishes to bring into the County an animal that has been designated potentially dangerous or dangerous, or an equivalent designation, by another jurisdiction shall report the designation to the animal services department before entering the County and shall apply for a permit to keep the animal in the County. An animal that has previously been determined to be potentially dangerous or dangerous, or the equivalent, by another jurisdiction may not be present in the County unless the animal’s owner complies with the potentially dangerous or dangerous animal permit requirements under this chapter. Animals in violation of this section are subject to impoundment and humane destruction by injection after notice to the animal’s owner and, if requested, a hearing under this chapter, except that the only issues for hearing are whether the animal ever received a potentially dangerous, dangerous, or equivalent designation in another jurisdiction, and whether the animal’s owner complied with the permit requirements under this chapter. (Ord. 2020-04 § 2, 2017-12 § 2, 2005-24 § 2, 87-74 § 5, 80-97 § 2.) Article 416-18.6 Enforcement 416-18.602 Enter and Inspect Private Property. To the extent allowed by law, whenever necessary to enforce any provision of this chapter, an authorized employee of the animal services department may enter and inspect private property. (Ord. 2020-04 § 2, 2017-12 § 2, 2005-24 § 2, 87-74 § 5, 80-97 § 2.) 416-18.604 Seize and Impound Animal. An authorized employee of the animal services department may seize and impound, at the discretion of the animal services director, any animal designated potentially dangerous or dangerous until a permit is obtained or pending the outcome of any hearing. ORDINANCE NO. 2020-04 12 (a) The owner of an animal impounded pursuant to this chapter shall be charged for all impoundment costs and fees unless a final determination is made that the animal is not potentially dangerous or dangerous. (b) No impounded animal designated potentially dangerous or dangerous shall be released to the custody of its owner unless all costs and fees assessed pursuant to this division have been paid and all permit conditions have been satisfied. (Ord. 2020-04 § 2, 2017-12 § 2, 2005-24 § 2, 87-74 § 5, 80-97 § 2.) 416-18.606 Require Bond. If an investigation is conducted regarding whether an animal should be designated potentially dangerous or dangerous, or regarding whether an animal already so designated has violated permit conditions, then during the investigation the animal services director may require the animal’s owner to post a bond to secure the release of the animal to the owner’s possession during the investigation. The animal services director may order the release of an animal under investigation only if the director first determines the animal does not pose an undue risk to public safety and the owner has the ability to prevent the animal from being at large and from posing a threat to public safety. (Ord. 2020-04 § 2, 2017-12 § 2, 2005-24 § 2, 87-74 § 5, 80-97 § 2.) 416-18.608 Other Remedies. The County may seek compliance by any remedy allowed under this Code, including but not limited to revocation, administrative fines, infraction citations, and any other remedy allowed by law. (Ord. 2020-04 § 2, 2017-12 § 2, 2005-24 § 2, 87-74 § 5, 80- 97 § 2.) 416-18.610 Other Actions. Nothing in this chapter limits the right of any person or law enforcement officer to take any other action against a potentially dangerous or dangerous animal or its owner that is otherwise permitted or provided by law. (Ord. 2020-04 § 2, 2017-12 § 2, 2005-24 § 2, 87-74 § 5, 80-97 § 2.) SECTION III. Article 416-12.4 is deleted from the County Ordinance Code. SECTION IV. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage must be published once with the names of supervisors voting for or against it in the Contra Costa Times, a newspaper published in this County. PASSED ON ____________________________________ by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: DAVID J. TWA, ____________________________ Clerk of the Board of Supervisors Board Chair and County Administrator By: _________________________ [SEAL] Deputy ORDINANCE NO. 2020-04 13 KSK: H:\Animal Services\Dangerous Animals\Revised Dangerous Animal Ordinance 2020-04 FINAL.docx RECOMMENDATION(S): 1. APPOINT the individuals identified in Exhibit A to serve on the 2020 Community Corrections Partnership (CCP), pursuant to Penal Code § 1230(b)(2); and 2. APPOINT the individuals identified in Exhibit B to serve on the 2020 Community Corrections Partnership Executive Committee, pursuant to Penal Code § 1230.1(b). FISCAL IMPACT: No fiscal impact. BACKGROUND: In 2011, the California Legislature passed Assembly Bill 109 (Chapter 15, Statutes of 2011) which transferred responsibility for supervising certain lower-level inmates and parolees from the California Department of Corrections and Rehabilitation to counties. Assembly Bill 109 (AB 109) realigned three major areas of the criminal justice system. On a prospective basis, the legislation: (1) transferred the location of incarceration for lower-level offenders (specified nonviolent, non-serious, non-sex offenders) from state prison to local county jail and provides for an expanded role for post-release supervision for APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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, (925)335-1096 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 20 To:Board of Supervisors From:PUBLIC PROTECTION COMMITTEE Date:February 25, 2020 Contra Costa County Subject:APPOINTMENTS TO THE CY2020 COMMUNITY CORRECTIONS PARTNERSHIP & EXECUTIVE COMMITTEE BACKGROUND: (CONT'D) these offenders; (2) transferred responsibility for post-release supervision of lower-level offenders (those released from prison after having served a sentence for a non-violent, non-serious, and non-sex offense) from the state to the county level by creating a new category of supervision called Post-Release Community Supervision (PRCS); and (3) transferred the custody responsibility for parole and PRCS revocations to local jail, administered by county sheriffs. AB109 also created an Executive Committee of the local Community Corrections Partnership (CCP) and tasked it with recommending a Realignment Plan (Plan) to the county Board of Supervisors for implementation of the criminal justice realignment. The membership of the Community Corrections Partnership is identified in statute as the following: 1. Chief Probation Officer (Chair) 2. Presiding Judge (or designee) 3. County supervisor, CAO, or a designee of the BOS 4. District Attorney 5. Public Defender 6. Sheriff 7. Chief of Police 8. Head of the County department of social services 9. Head of the County department of mental health 10. Head of the County department of employment 11. Head of the County alcohol and substance abuse programs 12. Head of the County Office of Education 13. CBO representative with experience in rehabilitative services for criminal offenders 14. Victims’ representative Later in 2011, the Governor signed Assembly Bill 117 (Chapter 39, Statutes of 2011), which served as “clean up” legislation to AB 109. Assembly Bill 117 (AB 117) changed, among other things, the composition of the local CCP-Executive Committee. The CCP-Executive Committee is currently identified in statute as the following: 1. Chief Probation Officer (Chair) 2. Presiding Judge (or designee) 3. District Attorney 4. Public Defender 5. Sheriff 6. A Chief of Police 7. The head of either the County department of social services, mental health, or alcohol and drug services (as designated by the board of supervisors) Although AB 109 and AB 117 collectively place the majority of initial planning activities for Realignment on the local CCP, it is important to note that neither piece of legislation cedes powers vested in a county Board of Supervisors’ oversight of and purview over how AB 109 funding is spent. Once the Plan is adopted, the Board of Supervisors can choose to implement that Plan in any manner it may wish. Today’s recommended actions were approved by the Public Protection Committee (PPC) at the February 3, 2020 meeting. The Committee recommends an appointment term of one-year for all non ex-officio seats and will continue to make appointment/reappointment recommendations to the Board of Supervisors annually. ATTACHMENTS Exhibit A - Community Corrections Partnership Membership Exhibit B - Community Corrections Partnership Executive Committee Membership EXHIBIT A - 2020 COMMUNITY CORRECTIONS PARTNERSHIP Seat Appointee Term Expiration Chief Probation Officer (Chair) Todd Billeci ex-officio Presiding Judge (or designee)Jim Paulsen (designee of Presiding Judge)ex-officio County supervisor, CAO, or a designee of the BOS David J. Twa, County Administrator December 31, 2020 District Attorney Diana Becton ex-officio Public Defender Robin Lipetzky ex-officio Sheriff David O. Livingston ex-officio Chief of Police Tamany Brooks, City of Antioch April 30, 2020 Chief of Police*Brian Addington, City of Pittsburgh December 31, 2020 Head of the County department of social services Kathy Gallagher, Employment and Human Services Director ex-officio Head of the County department of mental health Suzanne Tavano, Director of Behavioral Health Services ex-officio Head of the County department of employment Donna Van Wert, Executive Director-Workforce Development Board ex-officio Head of the County alcohol and substance abuse programs Fatima Matal Sol, Director of Alcohol and Other Drugs ex-officio Head of the County Office of Education Lynn Mackey, County Superintendent of Schools ex-officio CBO representative with experience in rehabilitative services for criminal offenders Patrice Guillory December 31, 2020 Victim's Representative Shannon Mahoney, DA Victim/Witness Services Program December 31, 2020 *Starting in May following Chief Brooks' term expiration EXHIBIT B - 2020 COMMUNITY CORRECTIONS PARTNERSHIP EXECUTIVE COMMITTEE Seat Appointee Term Expiration Chief Probation Officer (Chair) Todd Billeci ex-officio Presiding Judge (or designee)Jim Paulsen (designee of Presiding Judge)ex-officio District Attorney Diana Becton ex-officio Public Defender Robin Lipetzky ex-officio Sheriff David O. Livingston ex-officio Chief of Police Tamany Brooks, City of Antioch April 30, 2020 Chief of Police**Brian Addington, City of Pittsburgh December 31, 2020 Representative approved by BOS from the following CCP members:Kathy Gallagher, Employment and Human Services Director December 31, 2020 *Head of the County department of social services *Head of the County department of mental health *Head of the County alcohol and substance abuse programs **Starting in May following Chief Brooks' term expiration APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: Lea Castleberry 925-252-4500 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 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:Diane Burgis, District III Supervisor Date:February 25, 2020 Contra Costa County Subject:APPOINTMENT TO THE DIABLO MUNICIPAL ADVISORY COUNCIL RECOMMENDATION(S): (CONT'D) APPOINT the following individuals to the Diablo Municipal Advisory Council as recommended by Supervisor Diane Burgis. Ray Brant Diablo, CA 94528 Term Expiration: December 31, 2020 Kathy Urbelis Diablo, CA 94528 Term Expiration: December 31, 2020 Jeff Eorio Diablo, CA 94528 Term Expiration: December 31, 2022 Leonard Becker Diablo, CA 94528 Term Expiration: December 31, 2022 Greg Isom Diablo, CA 94528 Term Expiration: December 31, 2022 FISCAL IMPACT: None. BACKGROUND: Established on December 19, 2006 via Resolution No. 2006/791, the purpose of the Council is to advise the Board of Supervisors on discretionary land use matters affecting the Diablo community, such as land use designations, general plan amendments, environmental impact reports, negative declarations, zoning-variance applications and building permit applications for additions or remodeling projects which would affect the exterior dimensions of the residence and for which noticed public hearings are required or could be required by the County's Planning Agency. The Council shall also represent the community before the County Planning Commission, the Zoning Administrator and the County Board of Supervisors on such land use, planning and zoning matters. The Council will advise in accordance with the policies and of the General Plan, including sections 3-129 and 3-138. It is understood that the Board of Supervisors is the final decision making authority and that the Council shall serve solely in an advisory capacity. In addition, the Council may : Advise the Board of Supervisors on local government services as requested by the Board; provide input and reports to the Board, county staff, or any other county hearing body on issues of concern to the community; serve as a liaison between the community and the County Supervisor representing Diablo. Except as specified above, the Council may not represent the Diablo community to any state, county, city, special district, or school district, agency or commission, or any other organization on any matter concerning the community. The Council consists of 5 members, each of whom shall be a current elected member of the Diablo Community Services District Board of Directors. Pursuant Resolution 2007/166, this board order appoints the elected Diablo CSD members as the Diablo MAC members. RECOMMENDATION(S): REAPPOINT Joseph Selby to the Appointee 3 seat and Richard Kane to the Appointee 5 seat on County Service Area, P-6 Discovery Bay Citizen Advisory Committee to a term expiring December 31, 2021, as recommended by Supervisor Diane Burgis. FISCAL IMPACT: None. BACKGROUND: The term for these seats expired December 31, 2019. Applications were accepted and the recommendation to reappoint the above individuals was then determined. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: Lea Castleberry 925-252-4500 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 22 To:Board of Supervisors From:Diane Burgis, District III Supervisor Date:February 25, 2020 Contra Costa County Subject:REAPPOINTMENT TO COUNTY SERVICE AREA, P-6 DISCOVERY BAY CITIZEN ADVISORY COMMITTEE RECOMMENDATION(S): REAPPOINT the following individual to the District IV Seat on the In Home Supportive Services (IHSS) Public Authority Advisory Committee, for a four year term which expires on March 6, 2024: Wendell Snyder Martinez, CA 94553 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: Lisa Chow, (925) 521-7100 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 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:Karen Mitchoff, District IV Supervisor Date:February 25, 2020 Contra Costa County Subject:Reappoint Wendell Snyder to the District IV Seat on the IHSS Public Authority Advisory Committee FISCAL IMPACT: None. BACKGROUND: The in-Home Supportive Services Public Authority Advisory Committee serves as an advisory council to the In Home Support Services Public Authority (IHSS), which is administered by the Employment and Human Services Department (EHSD). IHSS provides specialized support services to residents who are frail, elderly, blind, or disabled. Public Authority has an Advisory Committee whose membership is composed of individuals who are current or past users of personal assistance services paid for through public or private funds and professional representatives from the Community. CONSEQUENCE OF NEGATIVE ACTION: The District IV seat will become vacant. RECOMMENDATION(S): APPOINT the following individual to the District V - Consumer Seat on the Contra Costa County Mental Health Commission with a term expiring July 1, 2022, as recommended by Supervisor Federal D. Glover. Laura Griffin FISCAL IMPACT: None. BACKGROUND: The Contra Costa County Mental Health Commission was established by order of the Contra Costa County Board of Supervisors on June 22, 1993, pursuant to the Welfare & Institutions Code 5604, also known as the Bronzan-McCorquodale Act, Stats. 1992, c. 1374 (A.B. 14). The primary purpose of the Commission is to serve in an advisory capacity to the Board of Supervisors and to the Mental Health Division and its staff. Commissioners are appointed by members of the County Board of Supervisors from each of the five districts for a term of three years. Each district has a consumer of mental health services, family member and an at-large representative on the Commission, for a total of 15 members plus a representative from the Board of Supervisors. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: Vincent Manuel (925) 6084200 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 24 To:Board of Supervisors From:Federal D. Glover, District V Supervisor Date:February 25, 2020 Contra Costa County Subject:APPOINT Laura Griffin to the Contra Costa County Mental Health Commission, District V - Consumer Seat CONSEQUENCE OF NEGATIVE ACTION: The position would remain vacant. CHILDREN'S IMPACT STATEMENT: None. RECOMMENDATION(S): APPOINT Audrey Comeaux (Richmond) to the General Public seat and REAPPOINT Tim Bancroft (Danville) to the General Public 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: 02/25/2020 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: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Hazardous Materials Program, IOC Staff C. 25 To:Board of Supervisors From:INTERNAL OPERATIONS COMMITTEE Date:February 25, 2020 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 terms of the General Public and Alternate seats expired on December 31, 2019. The bylaws of the Commission provide that the General Public seat and Alternate be appointed by the Board of Supervisors. The Commission advertised for these seats (attached) and interviewed seven candidates for the positions. The Commission met on December 5, 2019 and voted unanimously to recommend Audrey Comeaux for the General Public seat and Tim Bancroft for the Alternate seat. Their applications, and the application of the other five candidates, are attached. The Internal Operations Committee reviewed and approved these nominations on February 10, 2020. ATTACHMENTS HMC Applications RECOMMENDATION(S): APPROVE Appropriation and Revenue Adjustment No.005048 authorizing revenue and expenditure adjustments due to additional funding received from California Office of Emergency Services (Cal OES) County Victims (XC) grant for the amount $205,862, in the Employment and Human Services Department. FISCAL IMPACT: This action will establish the revenue and expenditure budgets related to California Office of Emergency Services County Victim Program (Cal OES XC) in the Employment and Human Services Department as a result of a $205,862 Revenue Agreement with Cal OES. Cal OES is 100% federally funded. BACKGROUND: In November 2019, Contra Costa County Employment and Human Services Department submitted an application to the California Office of Emergency Services for continuing the Cal OES County Victim program from January 1, 2020 through December 31, 2020. The grant subaward XC19020070 was awarded in the amount of $411,724. This Appropriation Adjustment reflects 6 months of the program to be applied to FY19/20. CONSEQUENCE OF NEGATIVE ACTION: Appropriations will not be properly allocated. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: 925-608-4887 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 26 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:February 25, 2020 Contra Costa County Subject:California Office of Emergency Services County Victim Grant Appropriation Adjustments AGENDA ATTACHMENTS TC24/27_AP005048 MINUTES ATTACHMENTS Signed: Appropriation&Adjustments No. 5048 RECOMMENDATION(S): ADOPT an amendment to the 2020 State Legislative Platform to authorize the advocacy of a FY 2020-21 state budget appropriation request for the Contra Costa CARES program, as recommended by the Legislation Committee (Supervisors Mitchoff and Burgis). AUTHORIZE Board Members, the County's federal and state advocates, and the County Administrator, or designee, to prepare and present information, position papers, and testimony in support of the revised Adopted 2020 State Legislative Platform. FISCAL IMPACT: There is no additional fiscal impact anticipated to be incurred from the advocacy for the funding. The State Budget appropriation request, if successful, could bring additional resources to Contra Costa County. BACKGROUND: The 2020 State Legislative Platform was adopted by the Board of Supervisors at their January 14, 2020 meeting. (See the following link: https://www.contracosta.ca.gov/2859/Legislation.) The Platform contains the County's legislative engagement and advocacy program for the year. The adopted 2020 State Platform contains three County-sponsored bill proposals and one County-sponsored state budget appropriation request (related to state trust lands). Subsequent to the Platform adoption by the Board of Supervisors, staff to the Legislation Committee was APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 27 To:Board of Supervisors From:LEGISLATION COMMITTEE Date:February 25, 2020 Contra Costa County Subject:2020 State Legislative Platform Amendment: Seeking Budget Appropriation for Contra Costa CARES Subsequent to the Platform adoption by the Board of Supervisors, staff to the Legislation Committee was notified about a request to amend the adopted Platform to include an additional County-sponsored FY 2020-21 State Budget appropriation request for the funding of Contra Costa CARES. A State Budget appropriation would support the CARES program for all income-eligible adult undocumented immigrants for 3 years as a pilot project to demonstrate effectiveness and test implementation strategies in anticipation of expansion of coverage throughout California. Dr. William Walker, legislative consultant to Health Services Department, provided the Contra Costa CARES Funding Committee's Proposed Final Recommendations. ( BACKGROUND: (CONT'D) Attachment A.) At their February 10, 2020 meeting, the Legislation Committee received the report from Dr. Walker, took testimony, and directed staff to send this matter to the Board of Supervisors with a recommendation to support at their next available meeting. An amendment to the adopted 2020 State Platform to add a second state budget appropriation request would require additional advocacy efforts from our contracted state advocates, Nielsen Merksamer Parrinello Gross & Leoni, LLP. ATTACHMENTS Attachment A CONTRA COSTA CARES FUNDING COMMITTEE PROPOSED FINAL RECOMMENDATIONS These recommendations were developed for and agreed to by the Funding Committee of CARES which includes Kaiser Permanente, John Muir Health, Sutter Health and Contra Costa Health Services. These recommendations were crafted to reflect a longer-term approach to continuing the CARES program. These recommendations are sequenced from the immediate short-term to a much longer-term timeline which eventually results in statewide coverage expansion for all undocumented adults. Each subsequent recommendation builds on the previous one, expanding coverage to more and more individuals as more stable and additional funding is potentially available for the CARES Program. 1. Continue hospital/health system and Contra Costa County funding for CARES through 2020 at current levels. Hospitals will take the recommendation for continued funding forward for governance approval at each of their organizations. The County will include funding for CARES as part of its annual budget process. 2. Make annual presentation to hospital/health systems executive leadership in coordination with the Hospital Council and to the Contra Costa County Board of Supervisors about the impact of the CARES program on the community and the safety net. AND 3. Explore with Contra Costa state legislative delegation the possibility of a special appropriations in the California State Budget for FY 21 (July 1, 2020 – June 20, 2021) to support the CARES program for all income-eligible adult undocumented immigrants for 3 years as a pilot project to demonstrate effectiveness and test implementation strategies in anticipation of expansion of coverage throughout California. AND 4. Engage community-wide efforts to design and pass local ballot measures to help fund health and social services which could potentially include fully funding the CARES program until state coverage is available. 5. Support efforts by the Administration and the Legislature to expand coverage to undocumented adults statewide. Attachment A CONTRA COSTA CARES FUNDING COMMITTEE FUNDING AND PATIENTS SERVED: 1.According to the best estimates, there are approximately 51,000 – 77,500 individuals in Contra Costa County ineligible for coverage due to immigration status as identified by two different reports: 2016 CalSIM Regional Remaining Uninsured Projections Report and 2017 Public Policy Institute of California. The UC Berkeley Labor Center indicates that a majority of undocumented and uninsured adults would qualify for a program like CARES. “Most Californians who are both undocumented and uninsured have incomes below the Medi-Cal threshold.” 2.Since its inception in November 2015, CARES has enrolled 8,020 individuals: •208 patients are 19-25 years old; •7,442 patients are 26-64 years old; and •370 patients are over 65 years. 3.Currently, as of October 19, 2019, there are 3,669 individuals enrolled in CARES: •103 patients are 19-25 years old; •3,400 patients are 26-64 years old; and •166 patients are over 65 years. 4.CARES participants are served by three community health centers: Brighter Beginnings, La Clinica de la Raza and LifeLong Medical Care. The community health centers provide a medical home for CARES participants. In addition to CARES, the participating community health centers serve additional uninsured and undocumented individuals not covered by CARES or any other public or private programs. Attachment A 2 According to the OSHPD Annual Report of Community Clinics for 2018, the three community health center CARES providers reported the following numbers of total uninsured patients without insurance at their sites in Contra Costa County: •Brighter Beginnings – 913 uninsured patients (total patients reported: 2,612) •La Clinica de la Raza – 2,848 uninsured patients (total patients reported: 20,021) •LifeLong Medical Care – 3,760 uninsured patients (total patients reported: 21,321). 5.Since its inception in November 2015, CARES has been funded by three hospital/health systems (John Muir Health, Kaiser Permanente and Sutter Health) and by Contra Costa County. To date, a total of $4,499,880 has been contributed to support the program including a $5,000 one-time contribution by Walgreens in 2017-2018. Currently each hospital/health system provides a $250,000 contribution and Contra Costa County provides $750,000 annually, matching the total contributions of the hospital/health systems. 6.The hospital/health systems have donated a total of $2,873,000 to date for CARES to support the community health centers and the safety net in Contra Costa County. 7.Additionally, Kaiser Permanente and John Muir Health have provided a total of $20,300 in 2017 through 2019 for an annual evaluation of the CARES program. Along with funding received from The California Wellness Foundation in 2018 and 2019, a total of $44,282 has been spent in the last two years for the annual CARES evaluation. 8.As of today, $3,830,764.00 has been paid out to the community health centers for services to CARES participants since the initiation of the program. •Brighter Beginnings - $356,020.00 from CARES •La Clinica de la Raza - $1,824,900.00 from CARES •LifeLong Medical Care - $1,649,844.00 from CARES 9.$669,116.00 in CARES funding remains to be distributed as of 10/31/2019 •Brighter Beginnings - $23,576.00 •La Clinica de la Raza - $177,016.00 •LifeLong Medical Care - $468.524.00 10.100% of all funds contributed by the health systems and by Contra Costa County go directly toward direct services to patients seen at the community health centers. Attachment A 3 11.Community health centers are paid $28.00/per member/per month or $336.00/year for each patient enrolled in CARES – a fee that has remained constant since the inception of the program despite ever-increasing services costs. This fee is well below the average cost per visit that the community health centers receive from the Medi-Cal program. 12.Contra Costa Health Plan and the Contra Costa Community Clinic Consortium provide program and financial support to the CARES program at no cost to CARES or its funders. 13.At the same time, Contra Costa County has provided services to an additional 12,015 and 13, 712 unduplicated, uninsured patients in FY18 and FY19 respectively, for direct, outpatient medical services. Additional undocumented and uninsured patients are seen via telehealth services, complementary services and inpatient services. 14.Contra Costa County’s cost for uncompensated care for the uninsured in FY 19 was $56.6M and is provided through the following programs: Global Payment Program (GPP) of the 1115 waiver, sliding fee scale program, discount program, charity care program, and Policy 1030 (referral of community clinic patients in need of specialty services who are ineligible for Basic Health Services). IMPACT OF CARES PROGRAM: 1.Enrollment in CARES has increased from approximately 2,500 patients in 2017 to more than 3,600 in 2019 despite pressures and fear generated by negative public charge and immigration discussions. 2.CARES provides medical homes for its participants and helps connect them to other needed health and social services in the community as well as other benefit programs that they might be eligible for. 3.Since the program’s inception in November 2015, CARES participants have made 26,988 visits of which 1,525 CARES patients have had 6 or more visits; 64% of enrolled patients have had 1 or more visits. 4.Of the 26,988 visits made by CARES participants since its inception, an estimated 6,000 visits have been for chronic conditions - approximately 4,500 visits have been related to diabetes, 1,132 visits have been related to hypertension and 446 visits have been related to depression. 5.CARES impact analysis over the last 3 years has shown that only 9% of emergency room visits by CARES patients were avoidable compared to the industry standard of 13.7%. Attachment A 4 6.CARES is an important partnership in Contra Costa County of all health and hospital systems which is not duplicated in any other county in California and directly supports the Contra Costa safety net and the community health centers in particular. 7.CARES program allows data sharing across all health and hospital systems through the administrative and financial functions provided by Contra Costa Health Plan (CCHP). 8.CARES is aligned with the Contra Costa County Board of Supervisors Welcoming Resolution. WHAT COULD BE LOST IF CARES IS REDUCED OR ENDS: 1.Loss of access to coverage for primary care which could result in people waiting longer for necessary medical care, potentially resulting in preventable illnesses and higher costs. 2.Loss of medical homes for CARES participants. 3.Loss of CARES could result in an increase in emergency room visits. 4.Possible further loss of ‘trust’ in health institutions and exacerbation of fear of immigration and public charge. 5.Community health centers will lose up to $1.5M annually – funding that goes directly to patient care for the uninsured and undocumented without any administrative or indirect costs charged directly to the program – if the CARES Program ends. A smaller loss would depend on how much CARES funding is reduced. PUBLIC POLICY IMPACT AND FUTURE INITIATIVES: 1.Beginning in January 2020, 19-26 years old undocumented residents will be covered by Medi-Cal thereby reducing the number of individuals eligible for CARES. In 2019, that represented 103 CARES patients. 2.Previously, the State Legislature covered undocumented children (SB 75) in the Medi-Cal program. It is our understanding from the Acting Director of CDHCS that the Governor and Legislature will propose that the next population to be enrolled in Medi-Cal will be undocumented adults over 65 (currently represented by 166 patients enrolled in CARES). Attachment A 5 3.We anticipate that the newly created California Health for All Californians Commission which will begin meeting in late January 2020 will consider as one of its first actions further coverage expansion to the remaining uninsured in California. 4.The Contra Costa County Board of Supervisors has formed an Ad Hoc Committee to explore the possibility of putting a measure on the November 2020 ballot that would increase the local sales tax for investment in health and social service programs. If such a measure were to pass, we anticipate that funding could be available to support the CARES program. 5.There is also a statewide initiative on the November 2020 ballot to change the way businesses are taxed under Prop. 13. If this initiative were to pass, then it is anticipated that counties will receive substantial new revenue which Contra Costa County could choose to use for the CARES program. 6.CCHS and CCRMC funding challenges have been raised due to the future status of the 1115 waiver, the Global Payment Program (GPP) and funding of CalAIM. Additionally, a recent CMS Draft Guidance on Fiscal Accountability calls into question the viability of Medi-Cal funding through the use of Intergovernmental Transfers, the MCO Tax and the Hospital Quality Tax Fund (HQAF). Currently CCHS estimates a budget shortfall for CCRMC and CCHP in the $30M range for the coming fiscal year. 7.Other federal policy decisions could also create more vulnerabilities and have a negative impact on the program and its participants including proposals on public charge and an atmosphere of fear about immigration as well as funding restrictions on CalFresh. 8.It would be advised for Contra Costa Community Clinic Consortium to make annual presentations to the hospital/health systems executive leadership in collaboration with the Hospital Council and to the Contra Costa County Board of Supervisors about the impact of CARES on the community and on the safety net; and how CARES supports advances in public policy to expand coverage to the uninsured in Contra Costa County. Attachment A RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 25581 to add one County Probation Officer-Exempt (unrepresented) position in the Probation Department. FISCAL IMPACT: The fully loaded cost is approximately $36,500 per month. The cost is budgeted within the Probation Department and is 100% general fund cost. BACKGROUND: The County Administrator has conducted a recruitment to replace the incumbent County Probation Officer, who is retiring. The County Probation Officer leads approximately 350 personnel with a budget of $77 million, and is charged with implementing pragmatic administrative and policy initiatives according to the strategic plan. As the legal landscape of probation administration continues to change in California, the Chief Probation Officer will continue to play a major role in working with the District Attorney's Office, the Supervisor Court, and the County Board of Supervisors, and the various local law enforcement agencies in Contra Costa County to deliver new policies and procedures that serve the best interest of the public, particularly those on juvenile probation. This action provides for a short period of cross-training/mentoring as the newly chosen County Probation Officer establishes themselves with the leadership in Contra Costa County. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Dianne Dinsmore, Human Resources Director (925) 335-1766 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Dianne Dinsmore, Human Resources Director C. 28 To:Board of Supervisors From:David Twa, County Administrator Date:February 25, 2020 Contra Costa County Subject:County Probation Officer-Exempt Position (Position Adjustment Resolution 25581) CONSEQUENCE OF NEGATIVE ACTION: There will be no opportunity for cross-training and mentoring for the new County Probation Officer. AGENDA ATTACHMENTS P300 No. 25581 - County Probation Officer-Exempt MINUTES ATTACHMENTS Signed P300 25581 POSITION ADJUSTMENT REQUEST NO. 25581 DATE 2/10/2020 Department No./ Department Probation Department Budget Unit No. 0308 Org No. 3000 Agency No. 30 Action Requested: ADD one County Probation Officer-Exempt (7AA1) position in the Probation Department effective March 2, 2020. Proposed Effective Date: 3/2/2020 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 Net County Cost Total this FY N.C.C. this FY SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% General Fund Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Lisa Driscoll, County Finance Director ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Lisa Driscoll, County Finance Director 2/10/2020 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 2/10/2020 ADD one County Probation Officer-Exempt (7AA1) position in the Probation Department effective March 2, 2020. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. 3/2/2020(Date) Dianne Dinsmore 2/19/2020 ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 2/20/2020 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Lisa Driscoll, County Finance Director Other: ____________________________________________ ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No.22572 to add one (1) Supervising Accountant (SAHJ) (represented) position at salary plan and grade ZA5 1703 ($6,895 - $8,381) and cancel one (1) vacant Accountant III (SATA) (represented) position number 13484 at salary plan and grade ZB5 1576 ($6,080 - $7,391) in the Public Works Department. FISCAL IMPACT: This action will result in an additional annual cost of $16,162, which will be funded by Roads and Special Districts funds. Pension costs are estimated to be $3,000 of the total annual cost impact. BACKGROUND: The Public Works Finance Division has one Supervising Accountant who is the subject matter expert for the Road Funds, Land Development, and Special District’s accounting and is also responsible for project and fund accounting, tracking and reimbursement of all road-related funding from federal, state, and local sources, managing various audits, and preparing the APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Kirsten Hardeman C. 29 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 25, 2020 Contra Costa County Subject:Add one Supervising Accountant position and cancel one vacant Accountant III position in the Public Works Department BACKGROUND: (CONT'D) annual road report. In addition to these responsibilities, the Supervising Accountant supervises seven (7) staff who perform the daily accounting functions related to these areas. The current Supervising Accountant incumbent will be retiring at the beginning of September 2020. Since this position is specialized and has only been performed by one person, a certain level of expertise is required to succeed in this position and cross training with existing staff is not adequate, given the demands and workloads. Failure to ensure compliance with funding sources or to complete the annual report could jeopardize current and future road fund awards/allocations. An employment list for the Supervising Accountant will be available in January 2020 and it is expected that the position be filled immediately. The requested addition of a full-time Supervising Accountant will allow an ample amount of time for cross training. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the Public Works Department will not have an adequately trained incumbent or staff to meet the work demands. CHILDREN'S IMPACT STATEMENT: Not applicable. AGENDA ATTACHMENTS AIR 40649 P300 22572 MINUTES ATTACHMENTS Signed P300 22572 POSITION ADJUSTMENT REQUEST NO. 22572 DATE 12/23/2019 Department No./ Department Public Works Budget Unit No. 0650 Org No. 4503 Agency No. 65 Action Requested: ADOPT Position Adjustment Resolution No. xxxxx to add one (1) full -time Supervising Accountant (SAHJ) (represented) position at salary plan and grade ZA5 1703 ($6,895-8,381) and cancel one (1) vacant Accountant III (SATA) (represented) position number 13484 at salary plan and grade ZB5 1576 ($6,080 -$7,391) in the Public Works 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: Estimated total cost adjustment (salary / benefits / one time): Total annual cost 16162 Net County Cost 0 Total this FY 4040 N.C.C. this FY 0 SOURCE OF FUNDING TO OFFSET ADJUSTMENT Roads and Special Districts Funds. 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 1/8/2020 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 2/3/2020 Add one (1) Supervising Accountant (SAHJ) (represented) position at salary plan and grade ZA5 1703 ($6,895 - $8,381) and cancel one (1) vacant Accountant III (SATA) (represented) positi on number 13484 at salary plan and grade ZB5 1576 ($6,080 - $7,391) 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 2/3/2020 ___________________________________ ________________ (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 2/4/2020 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): AUTHORIZE the County Librarian, or designee, to execute a Library Lease and Service Agreement with the City of Brentwood for the operation of the Brentwood Library located at 104 Oak Street, Brentwood. APPROVE changes to the form of the County’s standard from Library Lease and Service Agreement. FISCAL IMPACT: No fiscal impact. The proposed changes to language in the Library Lease and Service Agreement relate to how the County and cities share responsibility for purchasing, maintaining and replacing equipment reflect current and historical practices. The proposed changes to the indemnification language of the Library Lease and Service Agreement are consistent with State law related to design immunity. BACKGROUND: The County took occupancy of the newly constructed Brentwood Library on September 17, 2018, shortly before the library opened to the public. The County has been providing library services at the library since it opened to the public on September 29, 2018. The lease for the Brentwood Library incorporates changes to the standard form library lease that was approved by the Board of Supervisors in 2010. Staff APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Stacey Sinclair, 925. 957-2464 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 30 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 25, 2020 Contra Costa County Subject:Library Lease and Service Agreement with the City of Brentwood, and Revisions to the County’s Standard Form Library Lease and Service Agreement BACKGROUND: (CONT'D) recommends that these changes be incorporated into the County’s standard form Library Lease and Service Agreement. The first set of changes is to language that describes each jurisdiction’s responsibilities for purchasing, maintaining and replacing equipment used in library operations, primarily technology-related equipment. The second set of changes is to the indemnity provisions, which hold each entity responsible for its own actions. Changes to Cost Sharing Related to Equipment The cost sharing contemplated by the original terms of the Library Lease and Service Agreement, which required cities to pay for all technology-related equipment housed in the library, proved to be too burdensome for the cities and inconsistent with the manner in which the County acquires technology-related equipment for libraries. In order to rectify the issues raised by requiring cities to pay for consumable technology (public/staff computers, scanners, printers, digital lobby signage, WiFi network, servers, etc.), the County Librarian recommends that the language be revised to reflect current practices. The recently negotiated library lease with the City of Brentwood reflects the proposed changes to the Library Lease and Service Agreement. Under the revised agreement, the County is responsible for the cost of replacing consumable technology throughout the County Library system. Over the last 20 years, cities have invested significantly in replacing old and outdated library buildings with new and modern facilities, and have generally paid for the infrastructure for technology (CAT6 cabling, audiovisual in meeting rooms, security gates, self-check machines, WiFi Access Points and cabling, telephones and security cameras). As a result, cities are bearing more of the cost of library operations. By assuming responsibility for the cost of consumable technology throughout the County Library system, the County is ensuring that library users throughout the County enjoy equal access to digital media. Changes to Indemnity Provisions The original Library Lease and Service Agreement includes “mutual” indemnification language. This means the city and the County are each indemnifying the other for liabilities that arise as a result of the acts of the indemnifying party. The original language provides that the County’s indemnification of the city does not apply to the extent the liability is caused or contributed to by the structural, mechanical or other failure of buildings owned or maintained by the city. The new language clarifies that the County’s indemnification of the city also does not extend to the extent liability is caused by the design of city-owned buildings or the city-owned fixtures in those buildings. This clarification is required because the Board of Supervisors has no oversight authority over the design of city-owned buildings or the design or installation of city-owned fixtures. As a result, the risk associated with design and fixture decisions properly rests with the city that has oversight authority. In the case of the Brentwood Library, the City elected to install, without the County’s consent, a wooden archway over the entrance to the children’s room, which has the potential to be viewed a climbing structure. However, the reality that the city is responsible for its design/fixture decisions is applicable Countywide. CONSEQUENCE OF NEGATIVE ACTION: Failure to approve the Library Lease and Service Agreement with the City of Brentwood may reduce Failure to approve the Library Lease and Service Agreement with the City of Brentwood may reduce library services in the City of Brentwood. Failure to approve the proposed changes to the standard form library lease related to cost sharing will result in a continuing inconsistency between the terms of the agreement and actual practice. Failure to approve the proposed changes to the indemnification language could expose the County to liability that should properly be borne by the city. ATTACHMENTS Lease & Service Agreement RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to submit an application on behalf of the County to the State of California, Business, Consumer Services and Housing Agency (BCSH) for the Homeless Housing, Assistance, and Prevention (HHAP) Program, to pay the County an amount not to exceed $5,208,141, for the Health, Housing and Homeless Services Division to provide supportive housing services for homeless individuals and families in Contra Costa County for the period from April 1, 2020 through June 30, 2025. FISCAL IMPACT: Submission of this application could result in an amount not to exceed $5,208,141 in funding from State of California, BCSH. (No County match is required) BACKGROUND: On July 31, 2019, Governor Newsom signed into law the HHAP program (Assembly Bill 101, Chapter 159, Statutes of 2019). The HHAP program is a block grant program designed to provide jurisdictions with one-time grant funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges informed by a best-practices framework focused on moving homeless APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 31 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 25, 2020 Contra Costa County Subject:Submission of Grant Application #28-911 to the State of California, Business, Consumer Services and Housing Agency for the HHAP Program BACKGROUND: (CONT'D) individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing. Approval to submit this application will allow County to receive funds to provide housing support to homeless individuals and families in Contra Costa County through June 30, 2025. CONSEQUENCE OF NEGATIVE ACTION: If this application is not approved, the County will not receive HHAP funding to support homeless individuals and families. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #74-535-4 with R.E.A.C.H. Project, a non-profit corporation, effective January 1, 2020, to amend Contract #74-535-3 to increase the payment limit by $115,000, from $135,000 to a new payment limit of $250,000, with no change in the term of July 1, 2019 through June 30, 2020. FISCAL IMPACT: This Contract is funded 100% by CalWORKs Alcohol and Other Drugs Services (No Rate increase) BACKGROUND: In August 2019, the County Administrator approved and the Purchasing Manager executed Contract #74-535-3 with R.E.A.C.H. Project, to provide drug abuse prevention and treatment services to Medi-Cal eligible County residents, for the period from July 1, 2019 through June 30, 2020. Approval of Contract Amendment Agreement #74-535-4 will allow the Contractor to continue to provide additional drug abuse prevention and treatment services, through June 30, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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, 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: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: E Suisala , M Wilhelm C. 32 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 25, 2020 Contra Costa County Subject:Amendment #74-535-4 with R.E.A.C.H. Project CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, County patients will not receive additional drug abuse prevention and treatment services from Contractor’s facility. 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 Contract #27-791-8 with Cotiviti, Inc., doing business in California as Cotiviti I, Inc., a corporation, in an amount not to exceed $236,631, to provide a license to use healthcare encounter data software and consultation services for Contra Costa Health Plan, for the period November 1, 2019 through October 31, 2020. FISCAL IMPACT: This Contract is funded 100% by Contra Costa Health Plan Enterprise Fund II. (Rate increase) BACKGROUND: On November 6, 2018, the Board of Supervisors approved Contract #27-791-7 with Verscend Technologies, Inc., for the provision of consultation and technical assistance with regard to data analysis services for Healthcare Effectiveness Data and Information Set (HEDIS) projects and annual reports for the period from November 1, 2018 through October 31, 2019. However, the Contractor then informed the County that it changed its name in August 2018. Therefore, on April 6, 2019 Consent #C.58 was approved by the Board of Supervisors to clarify the name of the Contractor to read, Cotiviti, Inc., doing business in California as Cotiviti I, Inc.. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: Sharon Mackey, 925-313-6104 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: F Carroll, M Wilhelm C. 33 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 25, 2020 Contra Costa County Subject:Contract #27-791-8 with Cotiviti, Inc. BACKGROUND: (CONT'D) Approval of Contract #27-791-8 will allow the Contractor to provide software and consultation services, and to license software to County, through October 31, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, Contractor will not provide services, and the Contra Costa Health Plan will not be able to meet its contractual and State requirements. ATTACHMENTS RECOMMENDATION(S): (1) APPROVE the design and bid documents, including the plans and specifications for typical work, contract, General Conditions, Technical Specifications, and the Construction Task Catalog for Job Order Contracts (JOC) 012, 013, 014, 015 & 016. (2) AUTHORIZE the Public Works Director, or designee, to solicit bids to be received on or about March 26, 2020 and issue bid addenda, as needed, for clarifications of the bid documents, provided the involved changes do not significantly increase the construction cost estimate. (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 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. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 34 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 25, 2020 Contra Costa County Subject:APPROVE and AUTHORIZE Advertisement for Construction Bids for Annual Job Order Contracts, Countywide. FISCAL IMPACT: JOC work orders will only be issued when there is an approved project and funding. The contract value can range from a minimum of $25,000 to a maximum of $5 million. The maximum contract value of $5 million per annual JOC contract is a maximum limit based on Public Contract Code Section 20128.5 (not actual appropriated dollars), and it is possible that the limit may not be reached. Having this limit allows for efficiency and flexibility in accomplishing work up to the maximum statutory limit. BACKGROUND: To be efficient in delivering projects, the County has employed a variety of project delivery methods. One such method is Public Contract Code (PCC) Section 20128.5 which authorizes counties to award one or more individual annual contracts for repair, remodeling, or other repetitive work to be done according to unit prices. Once an annual contract is awarded, individual projects are then done through written job orders performed by the job order contractor at the unit prices bid for the annual contract. Such Job Order Contracting (JOC) is a project delivery tool that has been proven to reduce costs, save time, and increase productivity. The County had executed a Consulting Services Agreement with The Mellon Group, Inc. dba The Mellon Group ("Gordian") to provide JOC Program development and implementation services for various County projects. As part of the Agreement, Gordian also develops and maintains a JOC catalog, also known as a unit price book that contained individual construction tasks for all aspects of the repair, remodeling, and other repetitive work including general conditions, driveways, parking lots, and other construction-related components. The Board of Supervisors amended the Consulting Services Agreement with Gordian on April 27, 2017 to extend the termination date to July 28, 2020, to continue to support the JOC program. Since 2015, the Contra Costa Board of Supervisors have approved the use of annual JOC contracts for maintenance, repair, and remodeling projects. On November 10, 2015, the Board of Supervisors awarded three contracts in the amount of $2,000,000 each to Sea Pac Engineering (JOC 001), John F. Otto (JOC 002), and Mark Scott Construction (JOC 003). The Board also approved Change Order No. 1 to increase the contract amount of each of these 3 JOC's by $2,500,000 to a new contract amount of $4,500,000 each. All these JOC contracts have expired. On February 14, 2017, the Board of Supervisors authorized the Public Works Director to solicit bids for job order contracts. On April 18, 2017, job order construction contracts were awarded to the four lowest responsive bidders in the amount of $2,500,000 each to Federal Solutions Group (JOC 004), Aztec Consultants (JOC 005), Mark Scott Construction (JOC 006), and Anderson Group (JOC 007). The Board approved Change Order No. 1 to increase the contract amount of Aztec Consultants and Mark Scott by $2,000,000 to a new contract amount of $4,500,000 each. All these JOC contracts have expired. On September 11, 2018, the Board of Supervisors authorized the Public Works Director to solicit bids for job order contracts. On November 13, 2018, the Board of Supervisors awarded the job order construction contracts to the three lowest bidders in the amount of $2,500,000 each to Mark Scott (JOC 008), Staples Construction (JOC 009), and Aztec Consultants (JOC 010). The Board approved Change Order No. 1 to increase the contract amount by $2,400,000 to each of these 3 current JOC's. Mark Scott's contract is expiring on May 8, 2020, Staples Construction's contract is expiring on March 24, 2020 and Aztec Consultant's contract is expiring on April 22, 2020. With current JOC's expiring over the next couple of months, we need Board approval to start solicitation of bids for new Job Order Contracts 012, 013, 014, 015 & 016. California Environmental Quality Act (CEQA) requirements will be determined and addressed on a project-by-project basis as projects occur. If annual JOC contracts are ultimately awarded under this solicitation, each will be a term of 12 months. The County reserves the right to award one or more of Job Order Contracts 012, 013, 014, 015 & 016. The County is not required to award all five contracts and is not required to award any contract if the bid pricing is unfavorable. CONSEQUENCE OF NEGATIVE ACTION: The JOC program has been a valuable construction project delivery tool for projects. If JOC bid solicitation is not approved and authorized, the County will not have the resources to complete deferred maintenance projects in the Facilities Lifecycle Improvement Program (FLIP) and other County construction projects involving repair, remodeling, and other repetitive work. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #76-567-3 with Robert Schick, D.C., an individual, in an amount not to exceed $314,800 to provide chiropractic services at Contra Costa Regional Medical Center (CCRMC) and Contra Costa Health Centers, for the period January 1, 2020 through December 31, 2022. FISCAL IMPACT: This Contract is funded 100% by Hospital Enterprise Fund I. (Rate increase) BACKGROUND: In November 2018, the County Administrator approved and the Purchasing Services Manager executed Contract #76-567-2 with Robert Schick, D.C., to provide chiropractic services at CCRMC and Contra Costa Health Centers, for the period January 1, 2019 through December 31, 2019. Approval of Contract #76-567-3 will allow Contractor to continue to provide chiropractic services at CCRMC and Contra Costa Health Centers through December 31, 2022. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Samir Shah, M.D., 925-370-5525 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: K Cyr, M Wilhelm C. 35 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 25, 2020 Contra Costa County Subject:Contract #76-567-3 with Robert Schick, D.C. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, patients requiring chiropractic services at CCRMC and Contra Costa Health Centers will not have access to Contractor’s services. RECOMMENDATION(S): APPROVE the Design, Plans and Specification for the above project. DETERMINE that the bid submitted by Aztec Consultants, complied with the requirements of the County's Outreach Program for this project, as provided in the project specifications, and FURTHER DETERMINE that Aztec Consultants, submitted the best responsive and responsible bid for this project. AWARD the construction contract for the above project to Aztec Consultants in the amount of $983,900 and DIRECT that the Public Works Director, or designee, prepare the contract. DIRECT that Aztec Construction, shall submit two good and sufficient security bonds (performance and payment bonds) in the amount of $983,900 each. ORDER that, after the contractor has signed the contract and returned it, together with the bonds, evidence of insurance, and other required documents, and the Public Works Director has reviewed and found them to be sufficient, the Public Works Director, or designee, is authorized to sign the contract for this Board. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 36 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 25, 2020 Contra Costa County Subject:Construction Contract for Bisso Data Center Improvements Project at 2380 Bisso Lane, Concord (WH527B) RECOMMENDATION(S): (CONT'D) ORDER that, in accordance with the project specifications and upon signature of the contract by the Public Works Director, or designee, any bid bonds posted by the bidders are exonerated and any checks or cash submitted for bid security shall be returned. AUTHORIZE the Public Works Director, or designee, to sign any escrow agreements prepared for this project to permit the direct payment of retention into escrow or the substitution of securities for moneys withheld by the County to ensure performance under the contract, pursuant to Public Contract Code Section 2230. AUTHORIZE the Public Works Director, or designee, to order changes or additions to the work pursuant to Public Contract Code Section 20142. DELEGATE, pursuant to Public Contract Code Section 4114, to the Public Works Director, or designee, the Board's functions under Public Contract Code Sections 4107 and 4110. 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 (150kbs/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. The construction cost estimate was $850,000 and the general prevailing wage rates will be the minimum rates paid on this project. Bids were received and opened by the Public Works Department on January 30, 2020, and the bid results are as follows: BIDDER BASE BID Aztec Consultants $983,900 Contra Costa Electric $1,242,395 Tri-Technic Inc.$1,319,875 The Public Works Director recommends that the Board award the construction contract for this project to Aztec Consultants, the lowest responsible and responsive bidder, in the amount of $983,900. 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 12 years remaining on the lease. RECOMMENDATION(S): APPROVE clarification of Board action on November 19, 2019 (C.36) which authorized the Health Services Director to execute Contract #76-566-3 with Kirsten Schick, D.C., an individual, to correct the payment limit from an amount not to exceed $403,200 to reflect the intent of the parties in which the payment limit should reflect an amount not to exceed $472,050. FISCAL IMPACT: This Contract is funded 100% by Hospital Enterprise Fund I (Rate increase) BACKGROUND: On November 19, 2019, the Board of Supervisors approved Contract #76-566-3 with Kirsten Schick, D.C., to provide chiropractic services at Contra Costa Regional Medical Center for the period January 1, 2020 through December 31, 2022. The purpose of this Board Order is to correct the payment limit to reflect the intent of the parties in which the payment limit should be $472,050 instead of $403,200. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Samir Shah, M.D., 925-370-5525 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: K Cyr, M Wilhelm C. 37 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 25, 2020 Contra Costa County Subject:Clarification of Board Order Item C.36 with Kirsten Schick, D.C. CONSEQUENCE OF NEGATIVE ACTION: If this correction is not approved, Contractor’s payment limit will not be corrected. RECOMMENDATION(S): APPROVE and AUTHORIZE the County Clerk-Recorder, or designee, to execute contract amendment #2 with Dominion Voting Systems, Inc., to increase the payment limit by $404,973 to a new payment limit of $5,361,700 for two additional HiPro InterScan scanners for processing ballots, with no change in the contract term of March 1, 2018 through December 31, 2023. FISCAL IMPACT: The cost of the additional HiPro InterScan scanners is $348,700 and is budgeted and appropriated for FY 2018-19. The increase in licensing and maintenance of the adjusted equipment is $56,272.12. The overall cost of the amendment is $404,972.12, bringing the not to exceed value of the contract to $5,361,699.12. The cost will be paid from elections capital replacement funds within the County General Fund, dedicated to this purpose. A portion of the cost will be able to be reimbursed by the State and returned to the Elections Capital Replacement Fund. BACKGROUND: On March 1, 2018 the County and Dominion Voting Systems, Inc., entered into a Voting System and Services Agreement to replace the County’s previous election system. In October 2018, the County amended the contract to exchange certain voting system components and purchase ballot scanners and APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Scott O. Konopsek, 925-335-7808 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 38 To:Board of Supervisors From:Deborah R. Cooper, Acting Clerk-Recorder Date:February 25, 2020 Contra Costa County Subject:Voting System Contract Amendment #2 BACKGROUND: (CONT'D) remote voter software. Given the increase in voters who receive their ballots by mail, additional high-speed scanners are needed to process the volume of ballots anticipated in the 2020 elections. CONSEQUENCE OF NEGATIVE ACTION: Should the Board elect not to approve the contract amendment, the County would not be able to scan ballots and report election returns in as timely manner as expected by voters, media, and candidates. The County would incur additional overtime costs to meet statutory reporting deadlines. RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with CocoKids, Inc., a non-profit public benefit corporation of California, effective March 1, 2020 to increase the payment limit by $491,942 to a new payment limit of $1,399,220 to provide additional Emergency Child Care Bridge program for Foster Children services, with no change to term July 1, 2019 through June 30, 2020. FISCAL IMPACT: This will increase department expenditures by $491,942 for a total department expenditure of $1,399,220, funded by 83% by State Capped Allocation funds and 17% Federal Title IV-E funding. BACKGROUND: The lack of access to childcare for potential eligible families seeking to take in a foster child is one of the top barriers to placing young foster children with families. The passage of Senate Bill (SB) 89, established the Emergency Child Care Bridge Program for Foster Children (Bridge Program). The contract provided Bridge Program services during Fiscal 2018-2019 and this contract represents a renewal contract for Fiscal 2019-2020. The contractor provides Bridge Program services that include six-month payment APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 39 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:February 25, 2020 Contra Costa County Subject:Amend Contract with CoCoKids, Inc. for the Emergency Child Care Bridge Program BACKGROUND: (CONT'D) (or voucher) for childcare, as well as assistance from childcare navigator for eligible relative caregivers, eligible families or parenting youth in foster care. The contractor also provides trauma-informed care training and coaching to childcare providers who care for children in foster care. The purpose of this program is to increase the number of foster children successfully placed in home-based family care, increase capacity of childcare programs to meet the needs of foster children in their care, and maximize funding to support the childcare needs of eligible families. A contract amendment, increasing this contract by $232,980 to a new payment limit of $907,278, was approved by the Board of Supervisors at it’s October 8, 2019 meeting (c.68). This contract amendment will increase the payment limit due to the County receiving additional funds from the State for rollover dollars not spent in 2018-2019. The rollover allocation was issued on December 3, 2019 reference CFL 19-20-52. CONSEQUENCE OF NEGATIVE ACTION: Availability of ideal placement of foster children with eligible families may be limited. CHILDREN'S IMPACT STATEMENT: This contract supports all five of the community outcomes established in the Children's Report Card: 1) "Children Ready for and Succeeding in School"; 2) "Children and Youth Healthy and Preparing for Productive Adulthood"; 3) "Families that are Economically Self Sufficient"; 4) "Families that are Safe, Stable and Nurturing"; and 5) "Communities that are Safe and Provide a High Quality of Life for Children and Families" by providing safe housing and support to assist youth in foster care. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute, on behalf of the County Contract #77-268 with Choice In Aging, a non-profit corporation, in an amount not to exceed $2,000,000, to provide Community Based Adult Services (CBAS) services to Contra Costa Health Plan (CCHP) Medi-Cal Members for the period February 1, 2020 through January 31, 2021. FISCAL IMPACT: This Contract is funded 100% by CCHP Enterprise Fund II. BACKGROUND: Under Contract #77-268, Contractor will provide CBAS services to CCHP Medi-Cal Members for the period February 1, 2020 through January 31, 2021. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialty health care services for CCHP Medi-Cal Members will not be provided. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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, 925-313-6104 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: K Cyr, M Wilhelm C. 40 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 25, 2020 Contra Costa County Subject:Contract #77-268 with Choice In Aging RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #77-123-1 with Behavioral Health Works, Inc., a corporation, in an amount not to exceed $550,000, to provide applied behavioral analysis (ABA) services to Contra Costa Health Plan (CCHP) Members, for the period March 1, 2020 through February 28, 2022 FISCAL IMPACT: This Contract is funded 100% by CCHP Enterprise Fund II. (No Rate increase) BACKGROUND: On March 27, 2018, the Board of Supervisors approved Contract #77-123 with Behavioral Health Works, Inc., for the provision of ABA services for CCHP Members for the period March 1, 2018 through February 29, 2020. Approval of Contract #77-123-1 will allow the Contractor to continue to provide ABA services to CCHP Members through February 28, 2022. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialty health care services for CCHP members will not be provided. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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, 925-313-6104 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: K Cyr, M Wilhelm C. 41 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 25, 2020 Contra Costa County Subject:Contract #77-123-1 with Behavioral Health Works, Inc. RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the Chief Information Officer, Department of Information Technology, purchase orders with AT&T and Presidio Networked Solutions Group, LLC., and a third-party lease agreement with Key Government Finance, Inc., in an amount not to exceed $1,233,362, for the purchase of Cisco computer equipment, switches, software, and support for a five year term from the delivery of shipments, Countywide. FISCAL IMPACT: The cost of $1,233,362 is charged back to user departments through the Department of Information Technology’s billing process. BACKGROUND: The Department of Information Technology is purchasing Cisco computer equipment, Smartnet Solution Support, Endpoint Base and Subscription Licenses for the maintenance of the County’s AT&T phone system, and radio systems. Key Government Finance, Inc. is a financing partner of Cisco Systems, Inc. The interest rate for this financing schedule is no to exceed 2.0%. The amount needed to cover the principal and interest has been budgeted for the fiscal year 2019/2020. CONSEQUENCE OF NEGATIVE ACTION: Failure to maintain these critical systems may result in reduced capacity, system failure, and interrupted business and emergency operations. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: Des Gebre (925) 957-2492 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 42 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 25, 2020 Contra Costa County Subject:AUTHORIZE Purchase Orders with AT&T and Presidio Networked Solutions Group, LLC with Key Government Finance, Inc. RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the Public Works Director, an amendment to the purchase order with Lehr Auto Electric, Inc., to extend the term from January 31, 2020, through January 31, 2021, with no change to the payment limit, Countywide. (100% Internal Service Fund) FISCAL IMPACT: This change order does not make any funding modifications. BACKGROUND: Public Works Fleet Services purchases lights, consoles, electrical switching, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: Ted Lavelle (925) 313-7077 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 43 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 25, 2020 Contra Costa County Subject:APPROVE purchase order amendment with Lehr Auto Electric, Inc. BACKGROUND: (CONT'D) electronics, wiring, and other parts to outfit County vehicles. Originally bid on Bidsync #1711-266, Lehr Auto Electric, Inc. was awarded a purchase order with an initial two year term beginning February 1, 2018 and three possible one year extensions. This request is to execute one of the extensions. CONSEQUENCE OF NEGATIVE ACTION: If this change order is not approved, the purchase of parts to outfit County vehicles from Lehr Auto Electric, Inc. will discontinue. RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the Chief Information Officer, Department of Information Technology, purchase orders with AT&T and Presidio Networked Solutions Group, LLC., and a third-party lease agreement with Key Government Finance, Inc., in an amount not to exceed $399,806, for the purchase of Cisco computer equipment, routers, software, and support for a three year term from the delivery of shipments, Countywide. FISCAL IMPACT: The cost of $399,806 is charged back to user departments through the Department of Information Technology’s billing process. BACKGROUND: The Department of Information Technology is purchasing Cisco computer equipment, Smartnet Solution Support, Endpoint Base, and Subscription Licenses for the maintenance of the County’s AT&T phone system, and radio systems. Key Government Finance, Inc. is a financing partner of Cisco Systems, Inc. The interest rate for this financing schedule is no to exceed 2.0%. The amount needed to cover the principal and interest has been budgeted for the fiscal year 2019/2020. CONSEQUENCE OF NEGATIVE ACTION: Failure to maintain these critical systems may result in reduced capacity, system failure, and interrupted business and emergency operations. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: Des Gebre (925) 957-2492 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 44 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 25, 2020 Contra Costa County Subject:AUTHORIZE Purchase Orders with AT&T and Presidio Networked Solutions Group, LLC., and a third-party lease agreement with Key Government Finance, Inc. RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner, a purchase order with Surtec Inc., in the amount of $422,500 to supply the County's detention facilities with custodial supplies/specialty products and janitorial equipment repair for the period March 1, 2020 through February 28, 2021. FISCAL IMPACT: $422,500. 100% General Fund; Budgeted. BACKGROUND: Surtec Inc., supplies the solutions for the 40 specialized disinfectant dispensers which are installed in all 3 detention facilities. These are dispensers with locks, specifically for the jail environment to keep the inmates from having physical contact with the chemicals. This vendor carries the majority of the cleaning solutions used in facilities that keeps the County detention facilities in compliance with the strict requirements of the Board of Corrections' annual facility inspections and of the State's regulations. CONSEQUENCE OF NEGATIVE ACTION: The Sheriff's Office may be unable to acquire needed janitorial products to service the county adult detention facilities. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: Alycia Rubio, 925-335-1529 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Paul Reyes, Heike Anderson, Alycia Rubio C. 45 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:February 25, 2020 Contra Costa County Subject:Purchase Order - Surtec, Inc. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #72-118-1 including changes to the County’s Standard Indemnification clause with TRC Solutions, Inc., a corporation, in an amount not to exceed $54,300, to conduct an assessment of potentially hazardous waste at the Keller Canyon Landfill, for the period from February 1, 2020 through January 31, 2021. FISCAL IMPACT: This Contract is funded 100% by Keller Canyon Mitigation Funds. BACKGROUND: The purpose of this contract is to investigate the potential presence of radioactive and hazardous landfill waste at the Keller Canyon Landfill, reported to originate from the Hunters Point Shipyard, and assess community concerns. Contractor’s services will include but are not limited to: (1) meet with Environmental Health Division (EHD) staff to present findings from the final Forensic Audit Technical Memorandum; (2) provide the Final Community Participation Plan; (3) facilitate a public meeting to present the draft Work Plan and obtain community input before producing the final Work Plan; (4) meet with EHD to define APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: Jocelyn Stortz, 925-608-5540 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 46 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 25, 2020 Contra Costa County Subject:Contract #72-118-1 with TRC Solutions, Inc. BACKGROUND: (CONT'D) and align the community input and revisions to the Work Plan; and (5) provide suggestions on the next steps. On September 25, 2018, the Board of Supervisors approved Contract #72-118 with TRC Solutions, Inc. to conduct an assessment of potentially hazardous waste in the Keller Canyon Landfill, for the period October 1, 2018 through September 30, 2019. Approval of Contract #72-188-1, will allow the Contractor to continue to conduct an assessment of potentially hazardous waste in the Keller Canyon Landfill, through January 31, 2021. This contract contains modifications to the County Standard Indemnification Clause. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, potential hazardous materials at the Keller Canyon Landfill might not be addressed and remediated. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #26-563-13 with Total Renal Care, Inc., a corporation, in an amount not to exceed $1,074,500, to provide blood treatment services including dialysis therapies for inmates at the Martinez Adult Detention Facility, for the period from January 27, 2020 through June 26, 2023. FISCAL IMPACT: This contract is funded 100% Hospital Enterprise Fund I. (Rate increase) BACKGROUND: Historically, blood services have been very complicated to obtain for inmates at the County’s Martinez Adult Detention Facility, compromising the health of seriously ill inmates. This contract will allow inmates to receive blood services at the Martinez Detention Facility at a cost approximately 60% less than transporting inmates to outside vendors. This Contractor has been providing services to the County since 2006. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 47 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 25, 2020 Contra Costa County Subject:Contract #26-563-13 with Total Renal Care, Inc. BACKGROUND: (CONT'D) >On January 23, 2018, the Board of Supervisors approved Contract #26-563-10 (as amended by Amendment Agreement #26-563-11) with Total Renal Care, Inc., to provide blood services including, dialysis therapies for inmates at the Martinez Detention Facility for the period from January 27, 2018 through January 26, 2020. Approval of Contract #26-563-13 will allow the Contractor to continue providing blood services, through June 26, 2023. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County inmates will not receive blood treatment services at Martinez Detention Center from this Contractor. RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a Purchase Order with Becton Dickinson and Company (BD), in an amount not to exceed $271,872 for the purchase of reagents for the BD Totalys SlidePrep products and clinic laboratory supplies for the Contra Costa Regional Medical Center (CCRMC) and Contra Costa Health Centers, for the period from April 1, 2020 through March 31, 2025. FISCAL IMPACT: 100% funding is included in the Hospital Enterprise Fund I budget. BACKGROUND: This Purchase Order is for reagents, cytology products and other clinic laboratory supplies that are used to diagnose or screen for cancer. These products are specific for the BD Totalys SlidePrep and can only be purchased through Becton Dickinson. CONSEQUENCE OF NEGATIVE ACTION: If this Purchase Order is not approved, then the Pathology Unit at CCRMC will not be able to test for cancer. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Jasmine Campos, Marcy Wilhelm C. 48 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 25, 2020 Contra Costa County Subject:Purchase Order with Becton Dickinson and Company RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #27-777-5 with Nazak Mozaffarieh, O.D., dba Eyes & Smiles Optometry, a sole proprietor, in an amount not to exceed $250,000, to provide optometry services to Contra Costa Health Plan (CCHP) members, for the period from April 1, 2020 through March 31, 2022. FISCAL IMPACT: This Contract is funded 100% by CCHP Enterprise Fund II. (Rate increase) BACKGROUND: On February 6, 2018, the Board of Supervisors approved Contract #27-777-4, with Nazak Mozaffarieh, O.D., for the period from April 1, 2018 through March 31, 2020, for the provision of optometry services to CCHP members. Approval of Contract #27-777-5 will allow the Contractor to continue to provide additional optometry services through March 31, 2022. 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 contracts with the County will not be provided. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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, 925-313-6104 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Kimberley Mullen, Marcy Wilhelm C. 49 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 25, 2020 Contra Costa County Subject:Contract #27-777-5 with Nazak Mozaffarieh, O.D. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #77-264-1 with Amara Hospice, LLC (dba Bridge Hospice Bay Area), a limited liability company, effective March 1, 2020, to amend Contract #77-264 to increase the payment limit by $400,000, from $800,000 to a new payment limit of $1,200,000 to provide additional hospice services for Contra Costa Health Plan (CCHP) members with no change in the original term of January 1, 2020 through December 31, 2020. FISCAL IMPACT: This Contract is funded 100% by CCHP Enterprise Fund II. BACKGROUND: On September 24, 2019, the Board of Supervisors approved #77-264 with Amara Hospice, LLC (dba Bridge Hospice Bay Area) to provide hospice services to CCHP members for the period from January 1, 2020 through December 31, 2020. Approval of Amendment Agreement #77-264-1, will allow the Contractor to provide additional hospice services to CCHP members, through December 31, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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, 925-313-6104 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Kimberley Mullen, Marcy Wilhelm C. 50 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 25, 2020 Contra Costa County Subject:Amendment #77-264-1 with Amara Hospice, LLC (dba Bridge Hospice Bay Area) CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, CCHP members will not receive the benefits of hospice services from the Contractor. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment/Extension Agreement #25-071-8 with Public Health Foundation Enterprises, Inc., a non-profit corporation, effective January 1, 2020, to amend Contract #25-071-7, to increase the payment limit by $9,613,553, from $5,804,385 to a new payment limit of $15,417,938, and to extend the termination date from June 30, 2020 to June 30, 2021, to provide additional coordinated entry, outreach, shelter, transitional and permanent supportive housing for homeless youth and adults in Contra Costa County. FISCAL IMPACT: This Amendment is funded by 28% Federal funds, 54% State Funds, 15% Local Grants including Contra Costa Employment and Human Services Department, Housing Authority of Contra Costa County, and 3% County General Fund. BACKGROUND: On July 23, 2019, the Board of Supervisors approved Contract #25-071-7 with Public Health Foundation Enterprises, Inc. for the provision of shelter, transitional and permanent supportive housing program for homeless youth and adults in Contra Costa County, for the period from July 1, 2019 through June 30, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: E Suisala , M Wilhelm C. 51 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 25, 2020 Contra Costa County Subject:Amendment #25-071-8 with Public Health Foundation Enterprises, Inc. BACKGROUND: (CONT'D) Approval of Contract Amendment/Extension Agreement #25-071-8 will allow the Contractor to provide additional emergency shelter and respite services to homeless youth and adult clients through June 30, 2021. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, County’s homeless clients will experience longer wait times for shelter and respite services. ATTACHMENTS RECOMMENDATION(S): ACCEPT the 2019 Annual Report for the Bethel Island Municipal Advisory Council, as recommended by Supervisor Diane Burgis. FISCAL IMPACT: None. BACKGROUND: On June 18, 2002, the Board of Supervisors adopted Resolution No. 2002/377, which requires that each regular and ongoing board, commission, or committee shall annually report to the Board of Supervisors on its activities, accomplishments, membership attendance, required training/certifications (if any), and proposed work plan or objectives for the following year, on the second Tuesday of December. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: Lea Castleberry 925-252-4500 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 52 To:Board of Supervisors From:Diane Burgis, District III Supervisor Date:February 25, 2020 Contra Costa County Subject:2019 ANNUAL REPORT FOR THE BETHEL ISLAND MUNICIPAL ADVISORY COUNCIL ATTACHMENTS 2019 Annual Report for Bethel Island MAC 1 The Bethel Island Municipal Advisory Council serves as an advisory body to the Contra Costa County Board of Supervisors and the County Planning Agency. 2019 Annual Report to the Board of Supervisors Prepared by: Office of Supervisor Diane Burgis, Lea Castleberry Submitted by: Mark Whitlock, Chairperson Activities and Accomplishments The primary goals of the Bethel Island MAC in 2019 were to increase community awareness and participation at the monthly MAC meetings and to represent the community’s interests, concerns and voice for the Board of Supervisors. The MAC received informative presentations and provided thoughtful feedback on matters that impact Bethel Island and look forward to receiving additional updates in 2019: • Jan: Delta Coves Development Update • Feb: Bethel Island Road Lane Configuration by Public Works • Apr: Stops Sign at Bethel Island Road and Sandy Lane by Public Works • Nov: Emergency Preparedness by the Office of Emergency Services The MAC’s activities and efforts have resulted in improvements and changes in 2019: • A successful Community Clean-Up Day was held September 14, 2019. Mount Diablo Resource Recovery donated dumpster bins and staff time for the event and Bethel Island Municipal Improvement District provided the location and staff resources to make the event run smoothly. The community cleanup was free of charge to all rate paying Bethel Island residents. • Hosted the 2019 Bethel Island Health and Safety Fair • Continuing to work on projects for the community with the PG&E Mitigation Funds. Bethel Island Municipal Advisory Council Mark Whitlock, Chair Supervisor Diane Burgis, District III Lea Castleberry, Deputy Chief of Staff 3361 Walnut Blvd., Ste 140 Brentwood, CA 94513 (925) 252-4500 Lea.Castleberry@bos.cccounty.us Bethel Island MAC 2019 Annual Report and 2020 Work Plan 2 • Funded and Established with PG&E Mitigation Funds, a “Bethel Island Welcome Sign”. • Continuing to work on the installation of the “Dry Hydrant” program. • Continuing to promote and expand the Heart Safe Communities program. • Continuing to work with the Sheriff’s Department, East Contra Costa Fire Protection District and California Highway Patrol on safety concerns within the Bethel Island community. • Participating in the quarterly East County Community Disaster Committee. The MAC receives monthly reports from the following agencies: • California Highway Patrol – Officer Donnie Thomas • Contra Costa Sheriff’s Department – Tony Fontenot, Crime Prevention Specialist • East Contra Costa Fire Protection District – Battalion Chief, Ross Macumber • Office of Supervisor Diane Burgis – Lea Castleberry, Deputy Chief of Staff The MAC has become a place where Bethel Island residents can receive updated information on services provided by Contra Costa County and/or other local agencies such as public health, safety, welfare, public works and planning. 2019 Membership Chair, Mark Whitlock Vice Chair, Phil Kammerer Councilmember, Pam Allen Councilmember, Belinda Bittner Councilmember, Rob Brunham Attendance in 2019 January – No Absences February – No Absences March – No Absences April – No Absences May – No Absences June – Councilmember Bittner Absent July – No Absences August – No absences September – Councilmember Allen Absent October – Meeting Cancelled November – No Absences December – Meeting Cancelled Bethel Island MAC 2019 Annual Report and 2020 Work Plan 3 MAC Work Plan and Objectives for 2020 The Bethel Island MAC priorities for 2020 will continue to provide the community with the opportunity to communicate with the various County Departments. We will work to schedule pertinent and informative speak presentations at the monthly meetings. We will continue to work on items including: 1. Reflective Address Signs 2. Code Enforcement Priorities 3. Dry Hydrants 4. Outreach to the local mobile home parks 5. Heart Safe Communities Program 6. Transportation Outreach 7. Public Safety Outreach The Bethel Island MAC is scheduled to meet on the 2nd Tuesday of the month at 6:00p.m. at the Bethel Island Municipal Improvement District Office located at 3085 Stone Road. RECOMMENDATION(S): ACCEPT the 2019 Annual Report for the Byron Municipal Advisory Council, as recommended by Supervisor Diane Burgis. FISCAL IMPACT: None. BACKGROUND: On June 18, 2002, the Board of Supervisors adopted Resolution No. 2002/377, which requires that each regular and ongoing board, commission, or committee shall annually report to the Board of Supervisors on its activities, accomplishments, membership attendance, required training/certification (if any), and proposed work plan or objectives for the following year, on the second Tuesday of December. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: Lea Castleberry 925-252-4500 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 53 To:Board of Supervisors From:Diane Burgis, District III Supervisor Date:February 25, 2020 Contra Costa County Subject:2019 ANNUAL REPORT FOR THE BYRON MUNICIPAL ADVISORY COUNCIL ATTACHMENTS 2019 Annual Report for Byron MAC 1 The Byron Municipal Advisory Council serves as an advisory body to the Contra Costa County Board of Supervisors and the County Planning Agency. 2019 Annual Report to the Board of Supervisors Prepared by: Office of Supervisor Diane Burgis, Alicia Nuchols Submitted by: Linda Thuman, Chairperson Activities and Accomplishments The primary goal of the Byron MAC in 2019 was to continue to be the connection between the residents of Byron with the County. During the 2019 Byron MAC meetings the following presentations were made to the community. • Byron Airport Update • Byron Sand Mine Proposal and Tour • Presentation of State Route 239 by Contra Costa Transportation Authority During 2019 the Byron MAC activities and efforts included: • A successful Community Clean-Up Day held on October 5, 2019. The Mt. Diablo Recovery Resources company brought multiple dumpsters and the event was free of charge to all rate paying residents of Byron. • Byron MAC continued to send a representative to the monthly Code Enforcement meetings held at the Supervisor’s office to discuss and set code enforcement priorities for the Byron community. Significant improvement in enforcement and compliance was completed throughout the year. Byron Municipal Advisory Council Linda Thuman, Chair Supervisor Diane Burgis, District III Lea Castleberry, Deputy Chief of Staff 3361 Walnut Blvd., Ste 140 Brentwood, CA 94513 (925) 252-4500 Lea.Castleberry@bos.cccounty.us Byron MAC 2019 Annual Report and 2020 Work Plan 2 Members in 2019 • Chair Linda Thuman • Vice Chair Mike Nisen • Councilmember Dennis Lopez • Councilmember Steve Larsen • Councilmember Ron Schmit Attendance in 2019 January- Meeting cancelled February- All members present March- Councilmember Father Ron Schmit April- Meeting cancelled May- Councilmember Father Ron Schmit June- All members present July- Councilmember Lopez August- All members present September- All members present October- Meeting cancelled November- No Quorum December- Meeting cancelled Work Plan and Objectives for 2020 The Byron MAC’s priorities for 2020 will continue to be to provide the Byron community with the opportunity to communicate with the various County Departments. We will work to schedule pertinent and informative speaker presentations at the monthly meetings. We will continue to work on: 1.) Code Enforcement Priorities 2.) Promote Community Identity 3.) Annual Clean-Up Day The Byron MAC is scheduled to meet on the 4th Tuesday of the month at 6:00p.m. at St. Anne’s Church. RECOMMENDATION(S): ACCEPT the 2019 Annual Report for the Knightsen Town Advisory Council, as recommended by Supervisor Diane Burgis. FISCAL IMPACT: None. BACKGROUND: On June 18, 2002, the Board of Supervisors adopted Resolution No. 2002/377, which requires that each regular and ongoing board, commission, or committee shall annually report to the Board of Supervisors on its activities, accomplishments, membership attendance, required training/certification (if any), and proposed work plan or objectives for the following year, on the second Tuesday of December. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: Lea Castleberry 925-252-4500 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 54 To:Board of Supervisors From:Diane Burgis, District III Supervisor Date:February 25, 2020 Contra Costa County Subject:2019 ANNUAL REPORT FOR THE KNIGHTSEN TOWN ADVISORY COUNCIL ATTACHMENTS 2019 Annual Report for Knightsen TAC 1 The Knightsen Town Advisory Council serves as an advisory body to the Contra Costa County Board of Supervisors and the County Planning Agency. 2019 Annual Report to the Board of Supervisors Prepared by: Office of Supervisor Diane Burgis, Lea Castleberry Submitted by: Kim Carone, Chairperson Activities and Accomplishments The Knightsen TAC was a vacant board January 2019 – April 2019. The new board consists of 4 new board members and 1 former Knightsen TAC member. The primary goals of the Knightsen TAC in 2019 were to increase community awareness and participation at the monthly TAC meetings and to represent the community’s interests, concerns and voice for the Board of Supervisors. The TAC received informative presentations and provided thoughtful feedback on matters that impact Knightsen and look forward to receiving additional updates in 2020: • Oct: John Kopchik, Director, Conservation and Development Department regarding the DRAFT County Ag Policies. The TAC’s activities and efforts have resulted in improvements and changes in 2019: • A successful Community Clean-Up Day was held October 12, 2019. The Mount Diablo Resource and Recovery donated dumpster bins and staff time for the event. The community cleanup was free of charge to all rate paying residents of Knightsen. • Continuing to work on reflective address signs throughout community • Continuing to work with the Sheriff’s Department, East Contra Costa Fire Protection District and California Highway Patrol on safety concerns within the Knightsen community. Knightsen Town Advisory Council Kim Carone, Chair Supervisor Diane Burgis, District III Lea Castleberry, Deputy Chief of Staff 3361 Walnut Blvd., Ste 140 Brentwood, CA 94513 (925) 252-4500 Lea.Castleberry@bos.cccounty.us Knightsen TAC 2019 Annual Report and 2020 Work Plan 2 The TAC receives monthly reports from the following agencies: • California Highway Patrol – Officer Donnie Thomas • Contra Costa Sheriff’s Department – Tony Fontenot, Crime Prevention Specialist • East Contra Costa Fire Protection District – Fire Chief Brian Helmick • Knightsen Community Services District • Office of Supervisor Diane Burgis – Lea Castleberry, Deputy Chief of Staff The TAC has become a place where Knightsen residents can receive updated information on services provided by Contra Costa County and/or other local agencies such as public health, safety, welfare, public works and planning. 2019 Membership Chair, Kim Carone (Appointed April 2019) Vice Chair, Andrew Steudle (Appointed April 2019) Councilmember, Debbie Allsup (Appointed October 2019) Councilmember, Maria Jehs (Appointed October 2019) Councilmember, Karen Reyna (Appointed April 2019) Councilmember Carol Stone (Appointed April 2019 and passed away July 2019)) Attendance in 2019 January – No KTAC Board February – No KTAC Board March – No KTAC Board April – No KTAC Board May – All Members Present (1 open seat) June – Carol Stone (1 open seat) July – All Members Present (2 open seats) August – Meeting Cancelled September – Meeting Cancelled October – All Members Present November – Meeting Cancelled December – Kim Carone Knightsen TAC 2019 Annual Report and 2020 Work Plan 3 TAC Work Plan and Objectives for 2020 The Knightsen TAC priorities for 2020 will continue to provide the community with the opportunity to communicate with the various County Departments. We will work to schedule pertinent and informative speak presentations at the monthly meetings. We will continue to work on items including: 1. Reflective Address Signs 2. Code Enforcement Priorities 3. Transportation Outreach 4. Public Safety Outreach 5. Downtown Beautification 6. Knightsen Community Events The Knightsen TAC is scheduled to meet on the 3rd Tuesday of the month at 7:30p.m. at the Knightsen Farm Bureau located at 3020 Second Street in Knightsen. RECOMMENDATION(S): RATIFY East Contra Costa Fire Protection District Ordinance No. 2019-02 with attached modifications, implementing the 2019 California Fire Code with local amendments in the unincorporated potion of the District's service area. 1. DIRECT the Clerk of the Board of Supervisors to provide a certified copy of this Board Order to the East Contra Costa Fire Protection District within 15 days of this ratification, pursuant to Health and Safety Code section 13869.7. 2. FISCAL IMPACT: None BACKGROUND: The Board of Directors of the East Contra Costa Fire Protection District adopted Ordinance No. 2019-02, adopting the 2019 California Fire Code, with local amendments. The District 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 ordinance to be effective in the unincorporated portion of the District's service area. This Board Order modifies the District's APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: Jaon 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: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 55 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:February 25, 2020 Contra Costa County Subject:Ratify East Contra Costa Fire Protection District Ordinance No. 2019-02, implementing the 2019 California Fire Code with local amendments BACKGROUND: (CONT'D) 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 East Contra Costa Fire Protection District will not be able to implement District Ordinance No. 2019-02 within the unincorporated portion of the District's service area. ATTACHMENTS ECCFPD Letter Requesting Ratification ECCFPD 2019 Fire Code Adoption Ordinance Modifications to ECCFPD 2019 Fire Code Ordinance CONTRA COSTA COUNTY MODIFICATIONS TO EAST CONTRA COSTA FIRE PROTECTION DISTRICT ORDINANCE NO. 2019-02 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 District Ordinance No. 2019-02. 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 Prior Fire Code. This section is modified to clarify that District Ordinance No. 2019-02 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 6 – 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 District Ordinance No. 2019-02, 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 East Contra Costa Fire Protection District is authorized to enforce East Contra Costa Fire Protection District Ordinance No. 2019-02 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\2020\FPD\Modifications to ECCFPD 2019 Fire Code Ordinance.doc RECOMMENDATION(S): ACCEPT the January 2020 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 Comuunity Services Bureau. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 56 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:February 25, 2020 Contra Costa County Subject:January 2020 Operations Update of the Employment and Human Services Department, Community Services Bureau ATTACHMENTS CSB Jan 2020 CAO Report CSB Jan 2020 HS Financial CSB Jan 2020 EHS Financial CSB Jan 2020 EHS CC Partnership Financial Report CSB Jan 2020 Credit Card Report CSB Jan 2020 LIHEAP CSB Jan 2020 CACFP Nutrition Report CSB Jan 2020 Nutrition Report CSB Jan 2020 HS Children's Menu P: 925 681 6300 F: 925 313 8301 1470 Civic Court , Suite 200 Concord, CA 94520 www.cccounty.us/ehsd To: David Twa, Contra Costa County Administrator From: Kathy Gallagher, EHSD Director Subject: Community Services Monthly Report Date: January 2020 News /Accomplishments  Community Services Bureau (CSB) staff are gearing up for the Federal Focus Area Two review the week of February 10. Seven reviewers will be on site for five days to visit 56 classrooms, interview staff, parents and Board members, and review data to inform quality management systems and program services.  In partnership with Counseling Options and Parent Education (COPE), EHSD’s Children and Families Services, Child Abuse Prevention Council, the County Office of Education, Health Services and First 5, CSB ce lebrated January as Positive Parenting Awareness Month (PPAM). PPAM brings awareness to the critical role that parenting education plays in lives of families and the importance of de -stigmatization of the services they receive. CSB distributed calendars wi th family focused events, fun activities and resources to families at our directly operated centers, partner sites, and to community partners. Additionally, on Tuesday, January 21, the Board of Supervisors proclaimed January as Positive Parenting Awareness Month and presented a resolution to the collaborative partners.  In December, Lifelong and La Clinica Dental vans visited centers in East and West County, and provided dental exams to a total to 93 children. Providing regular dental exams and referrals to families is a critical part of preventive health care. CSB is honored to be able to provide these services, and look forward to expanding them to all of our families during the Annual Give Kids a Smile Day, which will be held on February 21, 2020.  In collaboration with Teachstone, CSB started two CLASS (Classroom Assessment Scoring System ®) Coaching Services for Early Head Start (EHS) teachers at our Partner sites. Teachstone is an organization that offers in -person and online training and coaching programs to improve student-teachers interactions. Angela Beeck, Teachstone Consultant, will offer an in -person training on Making the Most of Classroom Interaction (MMCI), to one of the groups, while the other group receives an online training on My TeachStone Direct. Both teaching teams are excited about the opportunity and look forward to bringing their learnings into the classroom.  The Partner’s Unit conducted a training for all EHS Family Child Care providers. The training was held on Saturday, January 11, 2020. It included a refresher on all content areas, such as, Comprehensive Services, Education, Services for children with disabilities/Mental Health and Child Safety. The Partner team also provided guidance to Family Child Care providers on the Fede ral Focus Area Two Protocols.  The Economic Opportunity Council (EOC) is preparing for its annual Roundtable event for the 2020-2021 awardees of the Community Services Block Grant Funds on February 24. With the number of attendees growing each year, this year the Roundtable will be cc: Policy Council Chair Administration for Children and Families Program Specialist, Chris Pflaumer 2 held at 500 Ellinwood in Pleasant Hill. The purpose of this event is to network, create a system of care among the subcontractors, and to share C ensus 2020 Outreach activitie s.  On January 2, 2020, CSB was notified by the Department of Community Services and Development (CSD) of a federal spending package which proposes an increase in 2020- 2021 Community Services Block Grant funding. CSBG funds will be used to support existing programs that serve Contra Costa residents in four (4) areas: Employment/Job Training, Housing/Shelter, Food/Nutrition, and Comprehensive Health Services. I. Status Updates: a. Caseloads, workload (all programs)  Head Start enrollment: 100.15%  Early Head Start enrollment: 99.68%  Early Head Start Child Care Partnership # 1 enrollment: 97.22%  Early Head Start Child Care P artnership # 2 enrollment: 100.53%  Head Start Average Daily Attendance: 74.8 %  Early Head Start Average Daily Attendance: 77.21%  Early Head Start Child Care Partnership (CCP) Attendance: - CCP 1: 84.46% - CCP 2: 73.80%  Stage 2: 530 families and 665 children  CAPP: 118 families and 224 children - In total: 648 families and 889 children - Incoming transfers from Stage 1: 18 families and 33 children  LIHEAP: 418 households have been assisted  Weatherization: 8 households have been assisted b. Staffing:  During the month of January, CSB hired a Master Teacher, Infant/Toddler Associate Teacher, and a Child Nutrition Food Services Transporter. An Associate Teacher was promoted through the competitive County process to Teacher-Project.  Interviews were condu cted to fill a vacant Comprehensive Services Manager-Project position and for a County temporary Translator to interpret to and from Spanish during parent meetings. The Bureau continues to interview to build its substitute teaching pool.  CSB is working wi th HR to open recruitment to fill vacant Administrative Services Assistant II and III positions . c. Union: o Business agents for both Local 1 Site Supervisors Unit and the Line Staff Unit requested separate meeting to discuss matters specific to their members. Meetings are scheduled in late February 2020. cc: Policy Council Chair Administration for Children and Families Program Specialist, Chris Pflaumer 3 II. Emerging Issues and Hot Topics:  CSB has over 30 active v acancies and continues to struggle to find qualified teaching staff. Per the Department and Board’s request, County Human Resources conducted a salary comparison study of teaching staff, nutrition worker and building services worker positions to determine CSB’s comparability throughout the regi on. We are awaiting the results.  The US Supreme Court ruled to uphold the public charge immigration rules proposed by the administration and although we do not know the timeline, there is concern that it will have i mpacts on the families we serve. Head Start is no longer included as one of the programs to be considered a “public charge”, we understand that many of our families depend on the services that are included such as CalFresh and MediCal. EHSD released a pres s release stating that we are committed to continuing to support the needs of the communities we serve. DECEMBER Total Remaining 100% DESCRIPTION YTD Actual Budget Budget %YTD a. PERSONNEL 4,321,206$ 4,450,813$ 129,607$ 97% b. FRINGE BENEFITS 2,743,204 2,769,062 25,858 99% d. EQUIPMENT - 24,000 24,000 0% e. SUPPLIES 281,824 235,500 (46,324) 120% f. CONTRACTUAL 2,664,098 2,843,120 179,022 94% g. CONSTRUCTION - - - 0% h. OTHER 4,381,976 5,688,329 1,306,353 77% I. TOTAL DIRECT CHARGES 14,392,307$ 16,010,824$ 1,618,517$ 90% j. INDIRECT COSTS 900,853 903,555 2,702 100% k. TOTAL-ALL BUDGET CATEGORIES 15,293,160$ 16,914,379$ 1,621,219$ 90% In-Kind (Non-Federal Share)4,285,227$ 4,228,595$ (56,632)$ 101% CONTRA COSTA COUNTY - COMMUNITY SERVICES BUREAU HEAD START PROGRAM BUDGET PERIOD JANUARY - DECEMBER 2019 AS OF DECEMBER 2019 1 2 3 4 5 6 Actual Total YTD Total Remaining 100% Dec-19 Actual Budget Budget % YTD a. Salaries & Wages (Object Class 6a) Permanent 1011 356,987 3,988,093 4,010,723 22,630 99% Temporary 1013 40,371 333,112 440,090 106,978 76% a. PERSONNEL (Object class 6a)397,358 4,321,206 4,450,813 129,607 97% b. FRINGE (Object Class 6b)218,513 2,743,204 2,769,062 25,858 99% d. EQUIPMENT (Object Class 6d)- - 24,000 24,000 - e. SUPPLIES (Object Class 6e) 1. Office Supplies 5,009 77,319 65,000 (12,319) 119% 2. Child and Family Services Supplies (Includesclassroom Supplies)326 72,688 80,000 7,312 91% 4. Other Supplies Health and Safety Supplies - - 1,000 1,000 0% Computer Supplies, Software Upgrades, Computer Replacement - 114,616 60,000 (54,616) 191% Health/Safety Supplies - 3,807 7,000 3,193 54% Mental helath/Diasabilities Supplies - - 1,000 1,000 Miscellaneous Supplies - 11,818 12,000 182 98% Emergency Supplies - 198 1,000 802 20% Employee Morale - 1,379 2,500 1,121 55% Household Supplies - - 6,000 6,000 0% TOTAL SUPPLIES (6e)5,334 281,824 235,500 (46,324) 120% f. CONTRACTUAL (Object Class 6f) 1. Adm Svcs (e.g., Legal, Accounting, Temporary Contracts)4,846 151,548 95,000 (56,548) 160% Estimated Medical Revenue from Medi-Cal (Org 1432 - credit)- (226,139) (630,000) (403,861) 36% Health Consultant 5,120 40,260 55,000 14,740 73% 5. Training & Technical Assistance - PA11 Interaction - - - - Diane Godard ($50,000/2)- 9,125 9,000 (125) 101% Josephine Lee ($35,000/2)2,970 5,782 5,000 (782) 116% Susan Cooke ($60,000/2)- 13,708 15,000 1,292 91% 7. Delegate Agency Costs First Baptist Church Head Start PA22 376,321 2,025,741 2,194,788 169,047 92% First Baptist Church Head Start PA20 - - 8,000 8,000 0% 8. Other Contracts FB-Fairgrounds Partnership (Wrap)19,439 55,415 74,212 18,797 75% FB-Fairgrounds Partnership 63,954 143,829 163,600 19,771 88% FB-E. Leland/Mercy Housing Partnership - 10,800 20,000 9,200 54% Martinez ECC (18 HS slots x $225/mo x 12/mo)9,090 97,178 108,000 10,823 90% Tiny Toes 2,727 10,454 72,720 62,267 14% 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)484,467 2,664,098 2,843,120 179,022 94% h. OTHER (Object Class 6h) 2. Bldg Occupancy Costs/Rents & Leases 58,193 520,494 576,000 55,506 90% (Rents & Leases/Other Income)- - - - 4. Utilities, Telephone 9,746 136,584 164,000 27,416 83% 5. Building and Child Liability Insurance - 1,733 3,000 1,267 58% 6. Bldg. Maintenance/Repair and Other Occupancy 1,070 305,240 387,000 81,760 79% 8. Local Travel (55.5 cents per mile effective 1/1/2012)1,153 35,046 62,000 26,954 57% 9. Nutrition Services Child Nutrition Costs 29,289 310,553 322,000 11,447 96% (CCFP & USDA Reimbursements)(17,435) (158,840) (85,000) 73,840 187% 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 - 825 7,600 6,775 11% Policy Council Activities 156 2,217 2,000 (217) 111% Male Involvement Activities - - 500 500 0% Parent Activities (Sites, PC, BOS luncheon) & Appreciation 9,120 10,282 7,000 (3,282) 147% Child Care/Mileage Reimbursement 1,581 6,499 7,500 1,001 87% 14. Accounting & Legal Services Auditor Controllers - 3,987 5,000 1,013 80% Data Processing/Other Services & Supplies 1,658 15,903 16,500 597 96% 15. Publications/Advertising/Printing - - - Outreach/Printing - - 100 100 0% Recruitment Advertising (Newspaper, Brochures)- 50 1,400 1,350 4% 16. Training or Staff Development Agency Memberships (WIPFLI, Meeting Fees, NHSA, NAEYC, etc.)343 42,151 41,959 (192) 100% Staff Trainings/Dev. Conf. Registrations/Memberships - PA11 4,098 103,442 99,785 (3,657) 104% 17. Other Site Security Guards - 17,775 47,000 29,225 38% Dental/Medical Services - - 2,000 2,000 0% Vehicle Operating/Maintenance & Repair 8,099 112,793 145,000 32,207 78% Equipment Maintenance Repair & Rental 7,268 159,529 205,000 45,471 78% Dept. of Health and Human Services-data Base (CORD)833 9,175 9,500 325 97% Field Trips - - 30,000 30,000 0% Other Operating Expenses (Facs Admin/Other admin)181,616 502,348 543,205 40,857 92% Other Departmental Expenses 324,432 2,241,284 3,077,280 835,996 73% h. OTHER (6h)621,221 4,381,976 5,688,329 1,306,353 77% I. TOTAL DIRECT CHARGES (6a-6h)1,726,894 14,392,307 16,010,824 1,618,517 90% j. INDIRECT COSTS - 900,853 903,555 2,702 100% k. TOTALS (ALL BUDGET CATEGORIES)1,726,894 15,293,160 16,914,379 1,621,219 90% Non-Federal Share (In-kind)431,723 4,285,227 4,228,595 (56,632) 101% CONTRA COSTA COUNTY - COMMUNITY SERVICES BUREAU HEAD START PROGRAM BUDGET PERIOD JANUARY - DECEMBER 2019 AS OF DECEMBER 2019 December Total Remaining 100% DESCRIPTION YTD Actual Budget Budget % YTD a. PERSONNEL 253,896$ 294,506$ 40,610$ 86% b. FRINGE BENEFITS 167,375 146,451 (20,924) 114% d. EQUIPMENT - - - 0% e. SUPPLIES 19,921 17,300 (2,621) 115% f. CONTRACTUAL 742,281 2,049,140 1,306,859 36% g. CONSTRUCTION - - - 0% h. OTHER 750,705 1,133,075 382,370 66% I. TOTAL DIRECT CHARGES 1,934,178$ 3,640,472$ 1,706,294$ 53% j. INDIRECT COSTS 34,182 50,672 16,490 67% k. TOTAL-ALL BUDGET CATEGORIES 1,968,360$ 3,691,144$ 1,722,784$ 53% In-Kind (Non-Federal Share)494,777$ 922,786$ 428,009$ 54% CONTRA COSTA COUNTY - COMMUNITY SERVICES BUREAU EARLY HEAD START PROGRAM BUDGET PERIOD JANUARY - DECEMBER 2019 AS OF DECEMBER 2019 1 2 3 4 5 6 Actual Total YTD Total Remaining 100% Dec-19 Actual Budget Budget % YTD Expenditures a. Salaries & Wages (Object Class 6a) Permanent 1011 21,844 238,428 243,399 4,971 98% Temporary 1013 108 15,469 51,107 35,638 30% a. PERSONNEL (Object class 6a)21,952 253,896 294,506 40,610 86% b. FRINGE (Object Class 6b)16,270 167,375 146,451 (20,924) 114% d. EQUIPMENT (Object Class 6d)- - - - e. SUPPLIES (Object Class 6e) 1. Office Supplies 179 5,598 4,000 (1,598) 140% 2. Child and Family Serv. Supplies/classroom Supplies - 8,878 7,700 (1,178) 115% 4. Other Supplies - - - Computer Supplies, Software Upgrades, Comp Replacemnt- 3,821 3,500 (321) 109% Miscellaneous Supplies - 1,580 2,000 420 79% Household Supplies 34 44 100 56 44% e. SUPPLIES (Object Class 6e)213 19,921 17,300 (2,621) 115% f. CONTRACTUAL (Object Class 6f) 2. Health/Disabilities Services - - - Health Consultant 1,280 3,780 7,800 4,020 48% Other Health/Dental Services Costs - - - - 5. Training & Technical Assistance - PA11 - Interaction - - 5,500 5,500 0% Diane Godard - - 7,500 7,500 0% Josephine Lee ($35,000/2)- 2,886 5,000 2,114 58% Susan Cooke ($60,000/2)- 1,725 6,500 4,775 27% 8. Other Contracts FB-Fairgrounds Partnership 33,835 110,895 130,140 19,245 85% FB-E. Leland/Mercy Housing Partnership 23,230 86,310 135,800 49,490 64% Apiranet - 413,000 862,040 449,040 48% Apiranet HVI - (159,882) 350,000 509,882 -46% Cameron School 16,160 40,400 96,960 56,560 42% Crossroads 11,615 129,975 161,540 31,565 80% Martinez ECC 8,080 113,192 121,960 8,768 93% YMCA - - 158,400 158,400 0% f. CONTRACTUAL (Object Class 6f)94,200 742,281 2,049,140 1,306,859 36% h. OTHER (Object Class 6h) 2. Bldg Occupancy Costs/Rents & Leases 632 1,571 1,800 229 87% (Rents & Leases/Other Income)- - - - 4. Utilities, Telephone 273 3,045 2,700 (345) 113% 5. Building and Child Liability Insurance - - - - 6. Bldg. Maintenance/Repair and Other Occupancy 44 2,694 2,300 (394) 117% 8. Local Travel (55.5 cents per mile)40 2,674 4,100 1,426 65% 9. Nutrition Services - - - - Child Nutrition Costs - - 300 300 0% 13. Parent Services Parent Conference Registration - PA11 - - 4,000 4,000 0% PC Orientation, Trainings, Materials & Translation - PA11 - 1,280 4,000 2,720 32% Policy Council Activities - - - - Parent Activities (Sites, PC, BOS luncheon) & Appreciation- 1,198 1,400 202 86% Child Care/Mileage Reimbursement 195 885 700 (185) 126% 14. Accounting & Legal Services Auditor Controllers - - 500 500 0% Data Processing/Other Services & Supplies 519 4,604 3,000 (1,604) 153% 15. Publications/Advertising/Printing Recruitment Advertising (Newspaper, Brochures)- - 100 100 16. Training or Staff Development Agency Memberships (WIPFLI, Meeting Fees, NHSA, NAEYC)107 133 2,200 2,067 6% Staff Trainings/Dev. Conf. Registrations/Memberships - PA1115,771 24,945 48,244 23,299 52% 17. Other Site Security Guards - 1,628 2,000 372 Vehicle Operating/Maintenance & Repair 243 10,986 14,000 3,014 78% Equipment Maintenance Repair & Rental - 2,407 5,000 2,593 48% Dept. of Health and Human Services-data Base (CORD)- - 1,000 1,000 Other Operating Expenses (Facs Admin/Other admin)31,695 51,134 60,000 8,866 85% Other Departmental Expenses 25,716 641,521 975,731 334,210 h. OTHER (6h)75,236 750,705 1,133,075 382,370 66% I. TOTAL DIRECT CHARGES (6a-6h)207,871 1,934,178 3,640,472 1,706,294 53% j. INDIRECT COSTS (23,735) 34,182 50,672 16,490 67% k. TOTALS - ALL BUDGET CATEGORIES 184,137 1,968,360 3,691,144 1,722,784 53% Non-Federal Match (In-Kind)55,241 494,777 922,786 428,009 54% CONTRA COSTA COUNTY - COMMUNITY SERVICES BUREAU EARLY HEAD START PROGRAM BUDGET PERIOD JANUARY - DECEMBER 2019 AS OF DECEMBER 2019 DESCRIPTION DECEMBER Total Remaining 50% YTD Actual Budget Budget % YTD a. PERSONNEL 102,648$ 305,109$ 202,461$ 34% b. FRINGE BENEFITS 66,701 212,143 145,442 31% c. TRAVEL - 7,000 7,000 0% d. EQUIPMENT - - - 0% e. SUPPLIES 2,569 24,100 21,531 11% f. CONTRACTUAL 141,922 460,020 318,098 31% g. CONSTRUCTION - - - 0% h. OTHER 34,052 65,984 31,932 52% I. TOTAL DIRECT CHARGES 347,890$ 1,074,356$ 726,466$ 32% j. INDIRECT COSTS 13,157 64,073 50,916 21% k. TOTAL-ALL BUDGET CATEGORIES 361,047$ 1,138,429$ 777,382$ 32% In-Kind (Non-Federal Share)86,031$ 289,444$ 203,413$ 30% CONTRA COSTA COUNTY-COMMUNITY SERVICES BUREAU EARLY HEAD START- CC PARTNERSHIP #1 BUDGET PERIOD JULY 2019 - JUNE 2020 AS OF DECEMBER 2019 1 2 3 4 5 6 Actual Total YTD Total Remaining 50% Dec-19 Actual Budget Budget YTD Expenditures a. Salaries & Wages (Object Class 6a) Permanent 1011 18,166 102,648 291,762 189,114 35% Temporary 1013 - - 13,347 13,347 TOTAL PERSONNEL (6a)18,166 102,648 305,109 202,461 34% b. FRINGE BENEFITS (Object Class 6b) Fringe Benefits 12,398 66,701 212,143 145,442 31% TOTAL FRINGE (6b)12,398 66,701 212,143 145,442 31% 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 785 945 2,100 1,155 45% 2. Child and Family Services Supplies (Incl.classroom Supplies)- 1,304 15,000 13,696 9% 3. Other Supplies Computer Supplies, Software Upgrades, Computer Replacement - 260 3,700 3,440 7% Miscellaneous Supplies 9 37 200 163 18% Household Supplies 9 23 3,100 3,077 1% TOTAL SUPPLIES (6e)802 2,569 24,100 21,531 11% f. CONTRACTUAL (Object Class 6f) 1. Adm Svcs (e.g., Legal, Accounting, Temporary Contracts)- 47 1,700 1,653 3% 2. Other Contracts COCOKids (52 slots x $505 x 12 months)26,260 101,000 315,120 214,120 32% Loss of Subsidy - - 10,000 10,000 0% Children and Family Supplies (Diapers, wipes, etc)2,418 4,514 12,000 7,486 38% First Baptist (20 slots x $505 x 12 months)16,160 36,360 121,200 84,840 30% TOTAL CONTRACTUAL (6f)44,838 141,922 460,020 318,098 31% h. OTHER (Object Class 6h) 1. Bldg Occupancy Costs/Rents & Leases 1,393 11,501 15,500 3,999 74% 2. Utilities, Telephone 311 2,188 5,000 2,812 44% 3. Bldg. Maintenance/Repair and Other Occupancy 5 252 1,400 1,148 18% 4. Local Travel (58 cents per mile effective 1/1/2019)9 14 1,200 1,186 1% 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% 7. Training or Staff Development Staff Trainings/Dev. Conf. Registrations/Memberships - PA11 66 66 18,907 18,841 0% 8. Other Equipment Maintenance Repair & Rental 335 784 800 16 98% Other Operating Expenses (CSD Admin/Facs Mgt. Alloc)6,210 19,246 22,477 3,231 86% TOTAL OTHER (6h)8,329 34,052 65,984 31,932 52% I. TOTAL DIRECT CHARGES (6a-6h)84,535 347,890 1,074,356 726,466 32% j. INDIRECT COSTS - 13,157 64,073 50,916 21% k. TOTALS - ALL BUDGET CATEGORIES 84,535 361,047 1,138,429 777,382 32% Non-Federal Match (In-Kind)21,134 86,031 289,444 203,413 30% CONTRA COSTA COUNTY-COMMUNITY SERVICES BUREAU EARLY HEAD START- CC PARTNERSHIP #1 AS OF DECEMBER 2019 BUDGET PERIOD JULY 2019 - JUNE 2020 SUMMARY CREDIT CARD EXPENDITURE CREDIT CARD REPORT - VISA/U.S. BANK December 2019 Fund Org Acct. code Amount Program Purpose/Description 1432 2102 248.00 HS Basic Grant Books, Periodicals 1464 2102 998.33 EHS-Child Care Partnership #2 Books, Periodicals 1,246.33 1432 2131 38.04 HS Basic Grant Minor Furniture/Equipment 1464 2300 (693.87) EHS-Child Care Partnership #2 Transportation & Travel (655.83) 1432 2467 125.00 HS Basic Grant Training & Registration 1432 2467 125.00 HS Basic Grant Training & Registration 1432 2467 125.00 HS Basic Grant Training & Registration 1432 2477 378.55 HS Basic Grant Educational Supplies 1464 2477 1,495.59 EHS-Child Care Partnership #2 Educational Supplies 2,249.14 1432 2479 62.76 HS Basic Grant Other Special Dpmtal Exp 1464 2479 224.45 EHS-Child Care Partnership #2 Other Special Dpmtal Exp 1464 2479 19.51 EHS-Child Care Partnership #2 Other Special Dpmtal Exp 306.72 1432 2490 (71.76) HS Basic Grant Misc Services/Supplies 1432 2490 166.74 HS Basic Grant Misc Services/Supplies 1432 2490 358.54 HS Basic Grant Misc Services/Supplies 1464 2490 23.91 EHS-Child Care Partnership #2 Misc Services/Supplies 477.43 TOTAL 3,623.79$ CAO Monthly Report CSBG and Weatherization Programs Year-to-Date Expenditures As of December 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 (981,523) Balance -$ Expended 100% 2.2019 LIHEAP ECIP/EHA 16 Contract # 19B-5005 Term: Oct. 1, 2018 - June 30, 2020 Amount: EHA 16 $ 862,398 Total Contract 773,398$ Expenditures (756,984) Balance 16,414$ Expended 98% 3.2017 Department of Energy (DOE) Contract # 17C-4004 Term: June 1, 2018 - June 30, 2020 Amount: $ 476,486 Total Contract 402,486$ Expenditures (284,277) Balance 118,209$ Expended 71% 4.2019 COMMUNITY SERVICES BLOCK GRANT (CSBG) Contract # 19F-4007 Term: Jan. 1, 2019 - Dec. 31, 2019 Amount: $ 850,578 Total Contract 850,578$ Expenditures (682,750) Balance 167,828$ Expended 80% fldr/fn:CAO Monthly Reports/WX YTD Exp-CAO Mo Rprt 12-2019 2017 Month covered May Approved sites operated this month 15 Number of days meals served this month 22 Average daily participation 711 Child Care Center Meals Served: Breakfast 13,256 Lunch 15,638 Supplements 12,340 Total Number of Meals Served 41,234 fldr/fn:2017 CAO Monthly Reports FY 2016-2017 EMPLOYMENT & HUMAN SERVICES DEPARTMENT COMMUNITY SERVICES BUREAU CHILD NUTRITION FOOD SERVICES CHILD and ADULT CARE FOOD PROGRAM MEALS SERVED 2019 Month covered November Approved sites operated this month 13 Number of days meals served this month 18 Average daily participation 619 Child Care Center Meals Served: Breakfast 8,766 Lunch 11,144 Supplements 7,088 Total Number of Meals Served 26,998 Claim Reimbursement Total $63,440 fldr/fn:2019 CAO Monthly Reports EMPLOYMENT & HUMAN SERVICES DEPARTMENT COMMUNITY SERVICES BUREAU CHILD NUTRITION FOOD SERVICES CHILD and ADULT CARE FOOD PROGRAM MEALS SERVED FY 2019-2020 January 2020 – COMMUNITY SERVICES BUREAU PRESCHOOL MENU ALL BREAKFAST & LUNCH SERVED WITH 1% LOW-FAT MILK *Indicates vegetable included in main dish WATER IS OFFERED THROUGHOUT THE DAY 1 2 BREAKFAST ½ c. Fresh Pear Slices ⅓ c. Bran Cereal LUNCH *SPINACH SALAD WITH HARD BOILED EGG 1 ea. Hard Boiled Egg ⅛ c. Baby Spinach/Italian Dressing ⅛ c. Shredded Carrots 1 ea. Fresh Tangerine ½ sl. W.W. Bread PM SNACK 1 ea. String Cheese 2 pkgs. Ritz Crackers 3 BREAKFAST 1 ea. Fresh Banana ⅓ c. Cheerios LUNCH 1.5 ozs. TURKEY HAM & SWISS CHEESE Mayo & Mustard Dressing ⅛ c. Lettuce Leaf ⅛ c. Tomato Slices 1 ea. Fresh Kiwi 1 sl. W.W. Bread PM SNACK ½ c. Cucumber & Carrot Sticks Ranch Dressing 6 ea. Wheat Thin Crackers 6 BREAKFAST 1 ea. Fresh Apple ⅓ c. Bran Cereal LUNCH ¾ c. *VEGETABLE CHILI (kidney beans, bulgur wheat & tomatoes) ½ ea. Fresh Pear 1 ea. W.W. Tortilla PM SNACK 1 pkg. Goldfish Crackers ½ c. 1% Milk 7 BREAKFAST 1 ea. Fresh Orange ⅓ c. Corn Chex Cereal LUNCH 1 serv. CHICKEN ENCHILADA CASSEROLE WITH WHOLE GRAIN TORTILLA CHIPS ¼ c. Jicama Sticks 1 ea. Fresh Kiwi PM SNACK ¼ c. Low-Fat Plain Yogurt ½ c. Mixed Fruit 8 BREAKFAST ½ c. Applesauce ½ sl. W. W. Cinnamon Toast LUNCH ⅔ c. GROUND TURKEY & SPAINSH RICE ¼ c. Broccoli Florets/Ranch Dressing 1 ea. Fresh Tangerine PM SNACK 1 pkg. Animal Crackers ½ c. 1% Milk 9 BREAKFAST ½ c. Pineapple Tidbits ½ ea. W.W. Bagel/Cream Cheese LUNCH 1 c. MAC & CHEESE WITH WHOLE GRAIN NOODLES ¼ c. Leafy Greens & Red Bell Strips Vinaigrette Dressing ¼ c. Fresh Pear Slices PM SNACK ⅓ c. Friends Trail Mix (kix, cheerios, corn chex, raisins, pretzels, & dried apricots) ½ c. 1% Milk 10 BREAKFAST 1 ea. Fresh Banana ⅓ c. Kix Cereal LUNCH ⅜ c. TUNA SALAD (tuna, eggs, mayo, relish, celery, & onions) ¼ c. Baby Carrots (No Dressing) ½ ea. Fresh Apple 1 sl. W.W. Bread PM SNACK – ANTS ON A LOG ¼ c. Celery Sticks 1 tbsp. Sunbutter (Raisins) ½ c. 1% Milk 13 BREAKFAST 1 ea. Fresh Red Apple ⅓ c. Rice Chex Cereal LUNCH ⅜ c. REFRIED BEAN BURRITO ½ oz. Shredded Cheese ¼ c. Mexicali Corn 1 ea. Fresh Tangerine 1 ea. W.W. Tortilla PM SNACK 2 pkgs. Ritz Crackers ½ c. 1% Milk 14 BREAKFAST 1 ea. Fresh Orange ⅓ c. Kix Cereal LUNCH ½ c. BBQ CHICKEN ¼ c. Rainbow Slaw ½ ea. Fresh Pear ½ ea. W.W Hambuger Bun PM SNACK 1 ea. Fresh Banana/Sunbutter ½ c. 1% Milk 15 BREAKFAST ½ c. Pineapple Tidbits ½ ea. W.W.Bagel/Cream Cheese LUNCH ¾ c. *RED POZOLE SOUP (chicken breast , tomato paste, hominy, cabbage, & cilantro) 1 ea. Fresh Kiwi 5 ea. Corn Tortilla Chips PM SNACK ½ c. Mango Chunks ½ c. 1% Milk 16 BREAKFAST 1 ea. Fresh Banana ¼ c. Oatmeal with Raisins LUNCH ½ c. *MARINATED BLACK BEAN SALAD ½ oz. Shredded Cheddar Cheese ½ ea. Fresh Apple 1 ea. W.G. Corn Tortilla PM SNACK 1 ea. Mozzarella String Cheese 6 ea. Wheat Thin Crackers 17 BREAKFAST 1 ea. Fresh Orange ⅓ c. Corn Chex Cereal LUNCH 1.5 ozs. ROASTED TURKEY Mayo & Mustard Dressing ⅛ c. Green Leaf Lettuce ⅛ c. Tomato Slices ½ ea. Fresh Pear 1 sl. W.W. Bread PM SNACK 1 pkg. GoldFish Pretzel Crackers ½ c. 1% Milk 20 21 BREAKFAST 1 ea. Fresh Orange ⅓ c. Rice Chex Cereal LUNCH 1 ea. SUNBUTTER & JELLY SANDWICH 1 oz. Cheese Stick ¼ c. Baby Carrots (No Dressing) 1 ea. Fresh Apple 1 sl. W.W. Bread PM SNACK 1 pkg. Graham Crackers ½ c. 1% Milk 22 BREAKFAST 1 ea. Fresh Banana 1 sl. Raisin Bread LUNCH 1.5 ozs. TURKEY ROLL UP Low-Fat Cream Cheese ¼ c. Broccoli Florets/Ranch Dressing ¼ c. Fresh Pear Slices 1 ea. W.W. Tortilla PM SNACK 1 pkgs. Animal Crackers ½ c. 1% Milk 23 BREAKFAST 1 ea. Fresh Tangerine ⅓ c. Cornflake Cereal LUNCH ½ c. BLACK BEAN FEISTA ¼ c. Jicama Sticks 1 ea. Fresh Kiwi 5 ea. Corn Tortilla Chips PM SNACK 2 pkgs. Wheatworth Crackers ½ c. 1% Milk 24 BREAKFAST 1 ea. Fresh Banana ⅓ c. Rice Chex Cereal LUNCH 1.5 ozs.TURKEY WRAP Low-Fat Cream Cheese ¼ c. Baby Spinach & Bell Pepper Strips ½ ea. Fresh Apple 1 ea. W.W. Tortilla PM SNACK 2 pkgs. Ritz Crackers ½ c. 1% Milk 27 BREAKFAST 1 ea. Fresh Tangerine ⅓ c. Bran Cereal LUNCH 1 ea. *VEGGIE PITA POCKET (shredded cheese, hard boiled egg, toss salad mix, & cucumbers) Ranch Dressing 1 ea. Fresh Kiwi ½ ea. W.W. Pita Bread PM SNACK ¼ c. Celery Sticks 1 tbsp. Sunbutter ½ c. 1% Milk 28 BREAKFAST 1 ea. Fresh Banana ⅓ c. Cornflake Cereal LUNCH 1.5 ozs. SLICED TURKEY BREAST Honey Mustard Dressing ¼ c. Broccoli Florets/Ranch Dressing ½ ea. Fresh Pear ½ ea. W.W. Bun PM SNACK 5 ea. Corn Tortilla Chips/Salsa ½ c. 1% Milk 29 BREAKFAST 1 ea. Fresh Orange ⅓ c. Rice Chex Cereal LUNCH ½ c. CHIKEN FAJITA ¼ c. Carrot Sticks/Hummus ½ ea. Fresh Apple ¼ c. Brown Rice PM SNACK ½ c. Roasted Purple Cauliflower 6 ea. Wheat Thin Crackers 30 BREAKFAST ½ c. Mango Chunks ⅓ c. Kix Cereal LUNCH 2 tbsps. SUNBUTTER 1 tbsp. Jelly 1 ea. String Cheese ¼ c. Zucchini Sticks/Ranch Dressing 1 ea. Fresh Cutie PM SNACK 1 pkgs. Cheese-Its Crackers ½ c. 1% Milk 31 BREAKFAST 1 ea. Fresh Banana ⅓ c. Corn Chex Cereal LUNCH 1.5 ozs. CHICKEN TERIYAKI ¼ c. Roasted Broccoli ½ ea. Fresh Pear ¼ c. Garlic Rice PM SNACK 1 ea. Hard Boiled Egg 1 ea. Fresh Orange RECOMMENDATION(S): ACCEPT the Workforce Development Board of Contra Costa County Advisory Body Annual Report for Program Year 2018-2019. FISCAL IMPACT: There is no fiscal impact. BACKGROUND: The Workforce Development Board (WDB) is a 25-member, business lead body whose members are appointed by the Contra Costa County Board of Supervisors to shape and strengthen local and regional workforce development efforts. The WDB brings together leaders from business, economic development, education, labor, community-based organizations, and public agencies to align a variety of resources and organizations to enhance the competitiveness of the local workforce and support economic vitality in the region. The WDB promotes a workforce development system that meets the needs of business, job seekers, and workers, to support a strong and vibrant economy in Contra Costa County. The WDB approved this Annual Report for submission to the Board of Supervisors at the January 8, 2020 Executive Meeting. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: February 25, 2020 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:February 25, 2020 Contra Costa County Subject:2018-2019 Program Year Workforce Development Board of Contra Costa Advisory Board Annual Report ATTACHMENTS WDBCCC Advisory Body Annual Report ADVISORY BODY ANNUAL REPORT Advisory Body Name: Workforce Development Board Contra Costa County Advisory Body Meeting Time/Location: 3:00 PM / 4071 Port Chicago Highway, Concord CA 94520 Chair (during the reporting period): Bhupen Amin, WDB Board Chair Staff Person (during the reporting period): Donna Van Wert, Executive Director Reporting Period: Program Year 2018 -2019 I. Activities (estimated response length: 1/2 page) Describe the activities for the past year including areas of study, work, special events, collaborations, etc. Business Forums/Business Expo/Career Fairs • Northern Waterfront Forum – May 10, 2019 - Goal of 18,000 New Jobs by 2035 • The Hidden Workforce Forum (DEA) – February 19, 2019 – Disability Awareness about 80+ Attendees • Hidden Untapped Talent Forum – November 7, 2018 – 150+ attendees includes 80 employers • AMBay Area Summit – April 30, 2019 • East Bay Innovation Awards - March 28, 2019 • San Ramon Chamber Business Expo – March 21, 2019 • West Contra Costa Economic Summit – October 24, 2018 • Alameda County Reentry Expo – September 10, 2018 • West Contra Costa Career Fair March 20, 2019 (Collaboration w/ Contra Costa College, San Pablo EDC, EDD, etc. • West County Detention Facility Job Fair – March 28, 2019 – 47 inmates attended • Marsh Creek Detention Facility Job Fair – April 11, 2019 – 46 inmates attended • Alameda County Sheriffs Re-entry Expo– September 18, 2018 • San Quentin Prison Readiness Resource Fair -2018 & 2019 –40 Inmates attended;25 employers & CBO participated Onsite Recruitments (OSR) Concord AJCC/Employer Outreach • 53+ OSR’s in partnership with EDD • 500+ Job Seekers attended • 159+ Job Placements from the OSR’s • Outreached to 2198 employers • Outreach efforts produced 1882 job openings II. Accomplishments (estimated response length: 1/2 page) Describe the accomplishments for the past year, particularly in reference to your work plan and objectives. The WDBCCC developed 3 main goals for our 2017-2020 work plan: 1) Increase employer engagement; 2) utilize priority industries and pathways to inform strategies and coordination with business, education and other stakeholders; and 3) improve services, outcomes and tracking of priority population placements. Under the federally funded Workforce Innovation and Opportunity Act, the Workforce Development Board of Contra Costa County provided services to over 11,000 residents across Contra Costa County; 304 adults and dislocated workers and 240 youth between the ages of 14 and 24, received individualized career services; 88 of which received classroom training; 163 received Metrix learning (online self-paces curricula in business, technology and medical fields). The WDB business services staff outreached to over 2,000 employers; serviced over 1800 job openings; and hosted over 53 on-site recruiting events serving over 500 job seekers and resulting in over 159 job placements. The WDB went through a major reconfiguration of our service delivery model in 2018-2019. After an expensive RFP process, Rubicon Programs was awarded the service delivery contract and through a unique and innovative model, the Contra Costa Workforce Collaborative (CCWC), has increased our capacity to deliver services throughout the County. The CCWC is comprised of ten community based organizations and educational institutions throughout the County. We have also increased our capacity to serve and track priority populations through the successful awards of both a regional 1) Disability Employment Accelerator Grant and 2) Prison 2 Employment grant. These funding sources have afforded the WDB the opportunity to engage on a much deeper level with organizations serving these populations, and increased our ability to serve, track and provide job placement through increased employer engagement forums focusing on these populations. III. Attendance/Representation (estimated response length: 1/4 page) Describe your membership in terms of seat vacancies, diversity, level of participation, and frequency of achieving a quorum at meetings. Local workforce development board structure and size: In order for boards to be more strategic and to benefit the overall operation of the workforce system, the Workforce Innovation and Opportunity Act of 2014 (WIOA) substantially changed Local Board composition. WIOA reduced the number of required board members while maintaining a business and industry majority with a business chairperson and increasing representation from labor and employment and training organizations. To meet the categorical membership percentages, and ensure multiple stakeholder representation, the WDB recommended a board of no less than nineteen (19) and no more than twenty-five (25) members. Category Required Percentage Minimum Maximum Representatives of Business >50% 10 13 Representatives of workforce 20% 4 5 Representatives of Education & Training N/A (5 seats total) 5 5 Additional Seats from WIOA constituencies N/A 0 2 TOTAL 100% 19 25 Seat terms shall be staggered and of four years’ duration. The term of each seat will commence on July 1st and terminate on June 30th for calendar years later. The Standing Committee (Executive, Youth and Business Economic & Development, Full Board), works to shape and strengthen local and regional workforce development efforts and provides information and assistance to the Board in carrying out the activities related to each committee’s specified area. IV. Training/Certification (estimated response length: 1/4 page) Describe any training that was provided or conducted, and any certifications either received, as a requirement or done on an elective basis by members. NOTE: Please forward copies of any Training certifications to the Clerk of the Board. Upon appointment , all advisory body appointees and staff must view and certify that they have viewed both training programs. • Brown Act and Better Governance Ordinance • AB 1234 Ethics Orientation V. Proposed Work Plan/Objectives for Next Year (estimated response length: 1/2 page) Describe the advisory body’s workplan, including specific objectives to be achieved in the upcoming year. The WDB will continue to focus on our priority goals developed in 2017 with continued focus on increasing our employer engagement, utilizing our priority industries to inform training strategies and pathway development, and serving and tracking our work with priority populations. As laid out in our 2019 strategic plan update and modification, in the next year we will be prioritizing the following:  Through a state funded SB1 regional proposal we will be supporting MC3 certified pre-apprenticeship training programs with a focus on recruiting women into the trades  Through our state funded regional Prison to Employment grant we will be working closely with our local probation departments and the California Department of Corrections and Rehabilitation to support employment and training strategies for individuals on parole and probation  Building relationships with CalFRESH and Child Support Services to support employment and training strategies for individuals receiving CalFRESH and non-custodial parents  We will continue our work serving individuals with disabilities focusing on intellectual and developmental disabilities  We will be prioritizing serving English language learners. RECOMMENDATION(S): APPROVE and AUTHORIZE the Auditor-Controller to issue a refund of overpayment of documentary transfer tax totaling an amount not to exceed $2140 to specified parties. FISCAL IMPACT: The recommendation will result in a reduction of $2139.50 to the County General Fund: $1274.35 is from the 2018-19 fiscal year and $865.15 is from the 2019-20 fiscal year. BACKGROUND: The County Clerk-Recorder received an excess payment of documentary transfer tax or should not have collected transfer tax from the following parties in the amounts listed in the table that follows: APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: Laura Wilson, 925-335-7921 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 58 To:Board of Supervisors From:Deborah R. Cooper, Acting Clerk-Recorder Date:February 25, 2020 Contra Costa County Subject:Refund Overpayment of Documentary Transfer Tax BACKGROUND: (CONT'D) First American Title Company 600 Rock Rose Lane San Ramon, CA 94582 Series #2019-0064575 $463.10 eRecording Partners Network 400 Second Avenue South Minneapolis, MN 55401 Series #2019-0085555 $811.25 eRecording Partners Network 400 Second Avenue South Minneapolis, MN 55401 Series #2019-0201710 $737.00 eRecording Partners Network 400 Second Avenue South Minneapolis, MN 55401 Series #2019-0218384 $27.50 eRecording Partners Network 400 Second Avenue South Minneapolis, MN 55401 Series #2019-0224962 $100.65 CONSEQUENCE OF NEGATIVE ACTION: Failure to reimburse the parties would cause them to pay more than legally required for documentary transfer tax. RECOMMENDATION(S): DECLARE as surplus and AUTHORIZE the Purchasing Agent, or designee, to dispose of fully depreciated vehicles and equipment no longer needed for public use, as recommended by the Public Works Director, Countywide. FISCAL IMPACT: No fiscal impact. BACKGROUND: Section 1108-2.212 of the County Ordinance Code authorizes the Purchasing Agent to dispose of any personal property belonging to Contra Costa County and found by the Board of Supervisors not to be required for public use. The property for disposal is either obsolete, worn out, beyond economical repair, or damaged beyond repair. CONSEQUENCE OF NEGATIVE ACTION: Public Works would not be able to dispose of surplus vehicles and equipment. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: Nida Rivera, (925) 313-2124 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 59 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 25, 2020 Contra Costa County Subject:Disposal of Surplus Property ATTACHMENTS Surplus Vehicles & Equipment ATTACHMENT TO BOARD ORDER FEBRUARY 25, 2020 Department Description/Unit/Make/Model Serial No. Condition A. Obsolete B. Worn Out C. Beyond economical repair D. Damaged beyond repair SHERIFF 2012 FORD TAURUS SEDAN # 1035 (121377 MILES) 1FAHP2DW8CG130750 B. WORN OUT HEALTH SERVICES 1999 GMC SAVANA P. VAN # 4516 (140755 MILES) 1GKFG15R2X1138585 B. WORN OUT SHERIFF 2013 FORD INTERCEPTOR SUV # 3303 (98383 MILES) 1FM5K8AR3DGC25906 B. WORN OUT SHERIFF 2009 TOYOTA PRIUS HYBRID # 1112 (46492 MILES) JTDKB20U297865218 B. WORN OUT SHERIFF 2011 FORD TAURUS SEDAN # 1030 (97799 MILES) 1FAHP2DW5BG190208 B. WORN OUT AGRICULTURE 2011 DODGE GRAND CARAVAN # 4313 (156688 MILES) 2D4RN4DG7BR715294 B. WORN OUT PUBLIC WORKS 2014 FORD E-250 CARGO VAN # 4722 (46500 MILES) 1FTNE2EL6EDA11655 D. DAMAGED BEYOND REPAIR SHERIFF 2016 FORD INTERCEPTOR SUV # 3604 (96619 MILES) 1FM5K8AT1GGA47025 D. DAMAGED BEYOND REPAIR AGRICULTURE 2001 CHEVY S-10 TRUCK # 5031 (90566 MILES) 1GCCS19W718202065 B. WORN OUT AGRICULTURE 2002 FORD RANGER TRUCK # 5041 (119590 MILES) 1FTYR10EX3PA70336 B. WORN OUT HEALTH SERVICES 2009 HONDA CIVIC CNG SEDAN # 0295 (91286 MILES) 1HGFA46519L000054 B. WORN OUT HEALTH SERVICES 2008 TOYOTA PRIUS HYBRID # 0283 (107640 MILES) JTDKB20U787800069 B. WORN OUT RECOMMENDATION(S): ACCEPT quarterly report of the Post Retirement Health Benefits Trust Agreement Advisory Body. FISCAL IMPACT: No specific fiscal impact. This is a quarterly report of the County's assets in the Public Agency Retirement Services (PARS) Public Agencies Post-Retirement Health Care Plan Trust. BACKGROUND: On December 14, 2010, the Board of Supervisors directed the formation of a Post Retirement Health Benefits Trust Agreement Advisory Body (consisting of the County Administrator, County Finance Director, Treasurer-Tax Collector, Auditor-Controller, and Health Services Finance Director). APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: Lisa Driscoll, County Finance Director (925) 335-1023 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: Robert Campbell, Auditor-Controller, Russell Watts, Treasurer-Tax Collector, Patrick Godley, HSD Chief Financial Officer C. 60 To:Board of Supervisors From:David Twa, County Administrator Date:February 25, 2020 Contra Costa County Subject:Quarterly Report of the Post Retirement Health Benefits Trust Agreement Advisory Body BACKGROUND: (CONT'D) At its meeting of August 4, 2011, the body discussed and reviewed final report formats with HighMark Capital Management and made recommendations regarding a final standardized quarterly report. The attached report is in the standardized format. The following is the investment summary for the period ending December 31, 2019: Investment Summary Fourth Quarter 2019 Beginning Value $311,460,604.92 Net Contributions/Withdrawals 5,004,716.01 Fees Deducted -49,746.46 Income Received 6,441,322.71 Market Appreciation 8,414,955.37 Net Change in Accrued Income 120,240.59 Market Value $331,392,093.14 Additional Materials - A Post Retirement Health Benefits Trust Agreement Advisory Body web-page can be found at the following address: http://ca-contracostacounty.civicplus.com/index.aspx?NID=2915. The page describes the function of the body, posts quarterly meeting materials, and all pertinent trust and plan documents. ATTACHMENTS Quarterly Report (Q4, 2019) PARS: County of Contra Costa Fourth Quarter 2019 Presented by Andrew Brown, CFA Revised PARS: County of Contra CostaHIGHMARK 2020 FORECASTGDP1.9% - 2.5%S&P500 earnings$172 – $178Unemployment3.70%Core PCE Inflation 1.7% - 2.0%Fed Funds Target 1.25% - 1.75%20202 Asset Allocation CommitteeKey Global Investment ThemesGlobal Economy Resets•Economic growth decelerating as the cycle ages and geopolitical tensions increase•Corporate profit growth weak, margins under pressure from tariffs and higher labor costs•Soft landing expected as manufacturing weakness may be bottoming•US consumer confidence remains healthily / acting as a stabilizerMonetary Policy Accommodative•Global central banks have retreated to easing bias as economy slows under tighter financial conditions•The Fed responded to market fears of slowing economic growth with 3 cuts in 2019•Weak inflation provides cover opportunity for Fed to lower rates•Proactively easing policy may extend the cycle, but limits counter measures central banks can deploy during contractionsLeverage Increasing•Deleveraging in the household sector offset by increasing debt burden in public and corporate sectors•US budget deficit over 4% of GDP (uncommon outside of recessions and war time)•High debt levels will weigh on economic growth potential•Debt saturation followed be rate normalization will increase risk of credit events – possible rescission triggerTrade Tensions Thaw•US / China make progress on trade negotiations with partial “phase one” deal•Headlines on progress or setbacks will continue to sway sentiment•Administration incentivized not to risk economic harm as election approaches•Trade war will loom over corporate investment decisions without permanent resolutionPolitical Climate•US presidential election year will highlight the increasing polarity in Washington•Democratic candidates range from progressive to centrist representing a wide spectrum of policy perspectives•An increase in probability of a progressive candidate taking office may be met with worry by investors•The likelihood of major policy changes in either direction is low under the expectation of a divided congressChina Transitions•Global growth highly levered to emergence of Chinese middle class•Economy being weaned off investment spending to become more reliant on consumption•Government reigning in excessive credit expansion, yet needs to reengage stimulus to maintain a “safe” deceleration•Hard landing would have significant ripple effects across the global economyPARS: County of Contra Costa3 This presentation has been prepared for the sole use of the intended recipient.While the information contained herein has been obtained from sources believed to be accurate and reliable,any other reproduction or use of this information may necessitate further disclosures in order to ensure that the presentation is accurate,balanced,and conforms to all applicable regulatory requirements. 4 DISCUSSION HIGHLIGHTS U.S.Economic and Market Overview Equity markets around the world saw strong 2019 gains and positive 10-year returns following the “Lost Decade”of the 2000s.Meanwhile,the “phase one”trade deal with China lowered trade tensions but left many details unanswered.With the 2020 election in view,investors began assessing potential winners and losers,particularly in the banking and energy sectors.Manufacturing activity hit a 10-year low and mid-western job growth was soft,raising the possibility that the key “swing states”of 2016 will be in play again this year. Key Takeaways: •U.S.and foreign data releases in the fourth quarter raised hopes that the worst of the global economic slowdown may be behind us. •Manufacturing doldrums remain an area of concern,particularly if contagion to the consumer sector occurs. •The Federal Reserve’s expected pause in rate adjustments allows investors to shift attention to politics and the potential impact of the 2020 election on markets. •Looking ahead to the 2020s,we expect fixed income and equity returns to be lower than those recorded in the banner year of 2019. •Geopolitical tensions from Iran to Ukraine to North Korea may lead to market volatility. Asset classes across the spectrum recorded positive returns in 2019 with nearly every asset class finishing in the green.Stocks,corporate bonds,REITs,and even gold recorded gains benefiting investors of all persuasions.Even Treasuries—which typically decline when risk assets such as stocks rally—ended the year with a gain of 6.8%.1 What is surprising about the bumper crop of winners last year is the contrast,from a fundamental perspective,between 2018 and 2019. In 2018,investors should have been encouraged by corporate earnings up 20%2,inflation-adjusted GDP growth above long-term averages at 3%,and the stimulative impact of corporate tax cuts and deregulation of multiple industries and sectors.Yet in the midst of these buy-side signals,the S&P 500 lost -4.4%for the year.Among the suspects cited for lackluster market returns were trade tensions and Fed rate hikes. 1 As measured by the Bloomberg Barclays US Government Index. 2 Source:FactSet Earnings Insight PARS: County of Contra Costa 5 Fast forward to 2019,where corporate earnings flatlined at 0.3%according to FactSet,GDP growth fell to long-term averages of around 2%,and some progress -but no resolution was made to trade disputes with China and Europe.In the midst of these sell-side signals,the S&P 500 rallied to fresh highs—seemingly daily as the year drew to a close—and finished 2019 up 31.5%.The Fed’s dovish about-face,resulting in three rate cuts in 2019,has been key to understanding the animal spirits in the market.But it should be noted that the S&P 500 had already jumped nearly 20%even before the first rate cut following the Fed’s July 30-31 meeting. The second half of 2019 saw data releases that helped assuage investor concerns over the summer that economic recession might be on the horizon.These included a Treasury yield curve returning from the inversion brink,a pickup in residential housing starts,and consumer sentiment that,while down from earlier peaks,had yet to hit levels consistent with predicting an upcoming recession.Investors also cheered the USMCA trade deal,which could add as much as 35 basis points to future GDP growth 3. The “phase one”deal with China was also welcomed,but more as a promising start of a period of risk reduction and a sign of a renewed willingness on both sides to work together rather than as a resolution of numerous outstanding issues.Hopefully,“phase two”will supply more details that investors can use to determine the impact of a trade thaw.For now,“phase one”does little to resolve ongoing corporate concerns over global supply chain management and whether to increase capital expenditures on plant and equipment. November 2020 With the Fed expected to take a pause from making rate adjustments,investors are beginning to pay attention to politics and the impact of the election on markets and the economy.On the slate for November is the presidential election,as well as congressional elections for all 435 seats in the U.S.House of Representatives and 35 of the 100 senatorial seats.While the last few months have seen headlines about U.S.-China trade relations,Democratic party candidate jockeying and impeachment proceedings,2020 may be a year when voters demand that the candidates offer specific policies rather than vague wish lists. While it is early in the election cycle,and voters may already be fatigued,most observers anticipate that if the Republican party maintains the presidency,the administration would continue to seek increased defense spending,possibly act on prior infrastructure plans,and most likely continue aggressive trade policies with China and potentially,Europe.If current trade policies continue with President Trump’s re-election,capital expenditure and business investment spending could suffer as a result of a spike in trade tensions. 3 As measured by the Bloomberg Barclays US Government Index. PARS: County of Contra Costa 6 The possibility of a Democratic administration also concerns investors because of the widely varying proposals of the Democratic hopefuls and little clarity on who the final candidate will be.The differences between tax changes proposed by,for example,candidates Sanders and Biden are dramatic,as are defense spending goals with Buttigieg planning to raise and Warren seeking to cut.That said,there are several areas where the Democratic candidates broadly agree while differing in the details: •roll back some or all of the 2017 Tax Cut and Jobs Act; •increase tax rates for wealthy individuals;and •change current banking and energy policies. Banking and energy appear at this stage of the campaign to offer the clearest expectations of the potential impact of a Democratic presidency on specific market sectors.Two of the candidates,Sanders and Warren,would bring back the 1933 Glass-Steagall Act which separated retail banking and investment banking.While Glass-Steagall was repealed by Democratic President Bill Clinton in 1999,lack of Glass-Steagall protection has often been cited by Democratic politicians as one cause of the Great Recession.Forcing banks to unwind the changes they have made to balance sheets and operations over the last 20 years would almost certainly result in lower profitability for the financial sector. The Democratic candidates also have plans for the oil patch,including ending new oil and natural gas leases on Federal lands,ending offshore drilling,enacting carbon taxes and,for Warren and Sanders,banning oil and natural gas extraction through fracking.These proposals could exacerbate current slowdowns in an energy sector already suffering from stubbornly low oil prices and a significant debt overhang.According to Moody’s Investor Services,the exploration and production sector holds some $93 billion in debt—nearly all of it below-investment grade—that will be coming due next year.If a fracking ban is implemented,the cash flow needed to service or refinance this debt will be even more constrained,further compounding the daunting task of refinancing below-investment grade paper.A fracking ban could also lead to layoffs and lost employment in the oil and natural gas sector. Beyond banking and energy,the technology sector might also see increased regulatory oversight in a Democratic administration.While past administrations,in particular President Obama’s,welcomed the expertise—and lobbying—of tech heavyweight companies,a Democratic winner in November may want to follow the lead of several European nations which are pursuing legislative changes,designed for tighter antitrust enforcement,data privacy rules,and regulatory scrutiny of multinational technology and social media firms.These tech companies,which dramatically outperformed the U.S.stock market in 2019,may see new and unwelcome domestic pressures. PARS: County of Contra Costa 7 Prospects for Legislative Success Perhaps heartening to investors is the likelihood that many of the more progressive Democratic proposals would face little chance of passage in a post-election Senate with a Republican majority.Even in the unlikely event of a Democratic takeover of the Senate majority,many of the Warren-Sanders initiatives might struggle to achieve the majority of votes needed to pass. If the Democratic party selects a moderate candidate and is successful in gaining the Presidency,a Democrat-led House of Representatives and a Republican Senate may find areas where compromise is achievable.Infrastructure spending and a solution to health care costs that continue to soar as the U.S.population ages may be two of the challenges that a divided Congress could successfully tackle. PARS: County of Contra Costa 8 Market Overview/Performance Discussion Total Plan The County of Contra Costa OPEB Plan returned 4.7%net of investment fees in the fourth quarter,which slightly exceeded the County’s Plan benchmark target of 4.56%.Investment performance in the quarter was solid from both an absolute and relative performance standpoint.In every category where the Plan implements ‘active’management,returns exceeded benchmark targets.Within large cap equity,four of the five managers outperformed the Russell 1000 Index in the quarter,with three managers ranking in the top quartile of their respective Morningstar peer universe rankings.The top equity returning fund for the quarter was the Victory RS Small Cap Growth Fund who returned 13.46%and ranked in the 8th percentile of the small cap growth peer universe.The strong relative outperformance also extended to the fixed income segment where the internally managed fixed income strategy returned 0.52%which would have ranked in the top quartile of the Morningstar US Fund Intermediate Core-Plus Bond Universe –if it were a mutual fund.Two of the three international equity managers outperformed the MSCI-EAFE Index in the quarter.Additionally,the Alternative asset class segment saw three of the Plan’s four managers beat the Plan benchmark target. The primary detractor for the Plan in the quarter was asset allocation.The Plan began the quarter with an underweight to equities,and moreover maintained an overweight to REIT equity.REITs turned in a disappointing fourth quarter,returning -1.1%.The underweight to stocks stemmed from concerns over the U.S.and China trade relations,and from Brexit.As the quarter progressed,we increased equities to almost a neutral target allocation.However,the underweight to equities that was maintained for the majority of the quarter,was a detractor. Domestic Equity •The Plan’s large cap equity segment returned 9.38%in the quarter,which exceeded the Russell 1000 Index return of 9.04%. •The iShares Russell 1000 ETF 9.0%in the quarter. •The Columbia Contrarian Core Fund returned 9.21%in the quarter,which outperformed the benchmark.The Fund ranked in the 23rd percentile of the Morningstar U.S.Large Cap Blend Universe. •The Harbor Capital Appreciation Fund returned 12.45%in the quarter,which exceeded the Russell 1000 Growth Index’s return of 10.62%.The Fund ranked in the 9th percentile of the Morningstar U.S.Large Growth Universe. •The T.Rowe Price Growth Stock Fund returned 10.08%in the quarter,which trailed the Russell 1000 Growth Index.The Fund ranked in the 36th percentile of the Morningstar U.S.Large Growth Universe. •The Dodge and Cox Stock Fund gained 10.09%in the quarter,and outperformed the Russell 1000 Value Index’s return of 7.41%.The Fund ranked in the 6th percentile of the Morningstar U.S.Large Value Universe. •The Vanguard Growth and Income Fund registered a 8.79%return in the quarter,which trailed the S&P 500 Index.The Fund ranked in the 47th percentile of the Morningstar U.S.Large Blend Universe. •In December,the iShares S&P500 Value ETF was added to the Plan.For the month,the Fund returned 2.94%. PARS: County of Contra Costa 9 Domestic Equity •The mid cap equity segment returned 7.02%in the quarter,which was in-line with the Russell Mid Cap Index return of 7.06%. •The iShares Russell Mid Cap ETF returned 7.04%in the quarter. •The small cap equity segment returned 10.10%in the quarter,which outperformed the Russell 2000 Index return of 9.94%. •The iShares Russell 2000 ETF returned 9.92%in the fourth quarter. •The Victory RS Small Cap Growth Fund returned 13.46%in the quarter,which outpaced the Russell 2000 Growth Index return of 11.39%.The fund ranked in the 8th percentile of the Morningstar U.S.Small Growth Universe. •The Undiscovered Managers Behavioral Value Fund returned 7.29%in the quarter,and underperformed the Russell 2000 Value Index’s return of 8.49%.The Fund ranked in the 69th percentile of Morningstar’s U.S.Small Value Universe. Real Estate The Vanguard REIT ETF returned 0.6%which ranked in the 36th percentile of Morningstar’s U.S.Fund Real Estate Universe International/Global Equity •The Plan’s international/global equity segment returned 8.86%in the quarter.This return outperformed the MSCI EAFE Index return of 8.17%but slightly trailed the MSCI ACWI Index return of 8.95%. •The iShares MSCI EAFE Index ETF returned 8.1%in the quarter. •The Dodge &Cox International Stock Fund returned 10.61%in the quarter and outperformed the MSCI EAFE Index. The Fund ranked in the 12th percentile of the Foreign Large Value Universe as measured by Morningstar. •The MFS International Growth Fund returned 9.03%in the quarter which outperformed the MSCI EAFE Index.The Fund ranked in the 58th percentile for foreign large growth managers as measured by Morningstar. •The iShares MSCI ACWI Index ETF returned 8.93%in the quarter. •The American Funds New Perspective Fund recorded a 10.15%return in the quarter,which exceeded the MSCI ACWI Index and ranked in the 17th percentile within the Morningstar World Large Stock Universe •The MFS Global Equity R6 Fund returned 7.36%,which lagged the benchmark and ranked in the 71st percentile of the Morningstar World Large Stock Universe. •The Hartford Schroders Emerging Market Equity Fund returned 11.32%during the quarter and underperformed the MSCI Emerging Market benchmark return of 11.84%.The Fund ranked in the 42nd percentile of the Morningstar Diversified Emerging Market Universe. PARS: County of Contra Costa 10 Fixed Income The Bloomberg Barclays Aggregate Bond Index returned 8.7%in 2019,the best performance for this index since 2002,seventeen years ago! Interest rates in 2019 ended the year 103 basis points lower at the one year maturity,and 62 basis points lower in the thirty-year.The significant declines in interest rates resulted in a total return for the U.S.Treasury sector of 6.9%,while all other sectors outperformed their Treasury counterparts.Investment grade corporate bonds delivered returns of 14.5%,outperforming Treasuries by 676 basis points,while non-investment grade bonds outperformed Treasuries by 934 basis points.However,most of that outstanding performance last year is due to the sell-off in the fourth quarter of 2018,which resulted in a return of exactly one basis point for the index in 2018.The sell-off resulted from concerns over slowing growth,U.S.versus China trade disputes,and tight monetary policy.When those concerns,especially regarding monetary policy,began to diminish,interest rates declined and corporate bond spreads fell even more.However,it’s unlikely that we will have a repeat of last year’s performance since we are starting from a much higher base.Rather than project another year of performance like 2019,it is probably best to think of the returns as an average for the last two years as an average of the 8.7%return in 2019,and the 0.01%return in 2018,which would be about 4.3%per year,much closer to the long term average. In late 2018,after nine consecutive 25 basis point increases in the fed funds rate beginning in 2015,the market sent an unmistakable message to the federal reserve that it had gone far enough toward tighter credit conditions.However,despite market warnings,the central bank indicated that they were going to raise rates several more times in 2019,and that the reduction in their Treasury holdings was on “autopilot”,meaning that the sale of securities would continue indefinitely.As a result risk assets sold off sharply in the fourth quarter of 2018 and the S&P 500 plummeted -13.5%,high-yield bonds fell -4.5%,and the 10-year Treasury yield reached nearly 3.25%.As interest rates continued to rise,the Federal Reserve got the message that the economy wasn’t healthy enough to withstand any more tightening and,in fact,rates needed to be lowered.The Federal Reserve then cut rates in three successive quarter point increments to the current level of 1.50%to 1.75%,while risk assets recovered quickly in the first quarter.For the remainder of the year,including the fourth quarter,risk assets continued a modest recovery while Treasury rates returned to where they were prior to the sell–off. After the robust returns earlier in the year,fourth quarter returns were quite modest.The Bloomberg Barclays Aggregate Index gained only 0.2% in the quarter,helped by a 1.2%return from investment grade corporate bonds,and 0.7%from mortgage-backed securities.U.S.Treasury returns were mixed as the yield curve steepened,resulting in a return of ‒0.8%for the Treasury sector as 1-year rates fell 18 basis points,while the 5-year yield increased 15 basis points,and the 30-year bond yield increased 28 basis points.Investment grade bond spreads averaged +101 at year-end,+58 bp below the long term average,while non-investment grade bonds averaged +360 bp,+198 bp below average. PARS: County of Contra Costa 11 Fixed Income (Cont.) •The Plan’s fixed income segment returned 0.37%in the quarter,which slightly exceeded the Bloomberg Barclays Aggregate Index return of 0.18%. •The separately managed fixed income portfolio returned 0.52%which beat the benchmark.The portfolio would have ranked approximately in the 9th percentile of the Morningstar U.S.Intermediate Term Core-Plus Bond Universe. •The PIMCO Total Return Bond Fund posted a -0.3%return in the quarter,which ranked in the 94th percentile of Morningstar’s U.S.Intermediate-Term Core-Plus Bond Universe.The Fund underperformed the Index. •The Prudential Total Return Bond Fund returned 0.35%in the quarter.This ranked in the 51st percentile of Morningstar’s U.S. Intermediate-Term Core-Plus Bond Universe and outperformed the benchmark. Alternative Investments The Alternatives portion of the Plan returned 2.88%and outperformed the Wilshire Liquid Alternative Index return of 1.55%Three of the four managers generated returns in excess of the benchmark.For the second quarter in a row,the Eaton Vance Global Macro Fund was the strongest performing manager returning 3.09%.Results were positive across all global regions.Eastern Europe was the top contributor,driven by strength in rates and currencies.A long bond position in Ukraine (unhedged)performed well as the central bank cut interest rates by 3%. Latin America and the Middle East/Africa region was the next largest contributor.In Latin America a sovereign credit long position in Barbados, where the government and external creditors reached a debt restructuring deal was additive to performance.Western Europe and Asia were favorable to performance as the region’s top position was a long position in Icelandic equities,which rallied after the central bank reduced interest rates in an effort to increase aggregate demand.Two detractors to performance included a short position in the New Zealand Dollar and a short position in the South African Rand. The Blackrock Strategic Income Fund generated a 1.61%return for the fourth quarter.Positive performance was driven by their macro strategy (+37 bps),absolute return (+30 bps),structured credit (+21 bps),European credit (+18 bps)and emerging market debt positions (+16 bps).The strategy was long mortgages which provided strong absolute returns in the quarter.The Fund reduced duration in the quarter,moving from 3.7 years to 3 years,which cost the strategy roughly 30 basis points in performance.The team also reduced investment grade corporate exposure as spreads tightened and the sector was viewed as slightly expensive by the team. PARS: County of Contra Costa 12 Alternative Investments (Cont.) The Blackrock Event Driven Fund posted a 1.42%return for the quarter,resulting in a peer ranking of 35 in the Morningstar Market Neutral category.Hard catalysts were the largest contributor (+1.50%)for the quarter,while soft catalyst situations contributed 16bps and credit detracted 5bps respectively.The fund increased exposure to hard catalyst situations from 86%of long market value in Q3 to 91%given the robust opportunity set in mergers and acquisitions.The remaining 9%was allocated to 5%soft catalyst situations and 4%to credit opportunities.We should continue to see the majority of exposure and returns coming by way of M&A with opportunities presenting themselves in soft catalyst and credit strategies. The Western Asset Macro Opportunities Fund returned 5.96%leading the alternative managers.Long foreign currency positions to the Brazilian Real,the Russian Ruble,and the Mexican Peso were positive for the fund as all of these currencies strengthen against the dollar.Emerging market debt holdings also were additive to performance,specifically positions in Argentina,Russia,and Mexico.Overall EM debt gains were aided by continued easing with central banks in Turkey,Brazil,Mexico,and Russia.Mexican credit benefitted from the progress made on the USMCA trade agreement.Investment grade and high-yield credit exposure to the financial and energy sectors aided performance as well.The only area where the fund saw any decline in value was in Peripheral Europe PARS: County of Contra Costa 13 Alternative Investments (Cont’d) •The alternative investment segment returned 2.88%in the fourth quarter,which exceeded the Wilshire Liquid Alternatives Index return of 1.55%. •The BlackRock Strategic Income Opportunity Fund returned 1.61%,which exceeded the benchmark,and ranked in the 42nd percentile of Morningstar’s Non-Traditional Bond Universe. •The Eaton Vance Global Macro Absolute Return Fund gained 3.09%which ranked in the 12th percentile of Morningstar’s Non- Traditional Universe •The Western Asset Macro Opportunities Fund returned 5.96%in the fourth quarter and ranked in the 1st percentile of Morningstar’s Non-Traditional Universe. •The BlackRock Event Driven Equity Fund returned 1.42%in the quarter and ranked in the 34th percentile of the Morningstar US Fund Market Neutral Universe Asset allocation/Manager Changes As the quarter progressed,and perceived risks associated with the trade war and Brexit diminished,we increased the equity allocation by 2%. We did end the quarter at a slight underweight to equities (-0.75%) In December,we implemented an overweight to domestic large cap value stocks,relative to large cap growth stocks.The 2.5%overweight to large cap value was implemented through the purchase of the iShares S&P 500 Value ETF.We believe large cap growth stocks are expensive on a relative basis.Valuation dispersion are near all-time levels,favoring value. PARS: County of Contra Costa 14 Manager Watch List Name of Fund Date on watch list Date exiting watch list Recommendation Rationale Columbia Contrarian Core Fund 3Q 2018 Remove from watch list Originally,the Annualized return trailed the benchmark return on a 3-year basis,triggering inclusion on the manager watch list.The manager delivered strong performance over the course of 2019,outperforming the Russell 1000 Index and ranking in the 10th percentile of the Morningstar U.S.Large Cap Blend Universe. Dodge & Cox International 3Q 2018 Retain on watch We are encouraged by the performance of the Plan by outperforming the EAFE Index benchmark for the calendar year period of 2019, and ranking in the Morningstar Foreign Large Value Universe in the 7th percentile for the calendar year period.We would anticipate removing this fund from watch list in the next few quarters. PARS: County of Contra Costa 15 PARS: County of Contra Costa 9/30/2019 9/30/2019 12/31/2019 12/31/2019 Target Asset Allocation Market Value % of Total Market Value % of Total Allocation Large Cap Equities Columbia Contrarian Core Inst3 9,324,664 3.0%10,183,866 3.1%-- iShares Russell 1000 ETF 23,960,808 7.7%26,750,689 8.1%-- Vanguard Growth & Income Adm 9,369,321 3.0%10,192,831 3.1%-- Dodge & Cox Stock Fund 7,945,384 2.6%6,627,109 2.0%-- iShares S&P 500 Value ETF ----3,312,612 1.0%-- Harbor Capital Appreciation Retirement 3,778,001 1.2%3,699,738 1.1%-- T. Rowe Price Growth Stock Fund 3,812,540 1.2%3,341,079 1.0%-- Total Large Cap Equities 58,190,719$ 18.7%64,107,923$ 19.4%19.0% Range Range 13-32% Mid Cap Equities iShares Russell Mid-Cap ETF 17,053,224 5.5%19,945,990 6.0%-- Total Mid Cap Equities 17,053,224$ 5.5%19,945,990$ 6.0%6.0% Range Range 2-10% Small Cap Equities iShares Russell 2000 ETF 12,314,536 4.0%15,168,745 4.6%-- Undiscovered Managers Behavioral Val R6 6,257,824 2.0%6,579,864 2.0%-- Victory RS Small Cap Growth R6 6,097,132 2.0%7,206,361 2.2%-- Total Small Cap Equities 24,669,491$ 7.9%28,954,971$ 8.8%9.0% Range Range 4-12% International Equities DFA Large Cap International I 4,798,325 1.5%5,183,101 1.6%-- iShares MSCI EAFE ETF 11,917,519 3.8%13,158,949 4.0%-- Dodge & Cox International Stock Fund 4,852,772 1.6%5,367,675 1.6%-- MFS® International Growth R6 4,712,302 1.5%5,137,894 1.6%-- Hartford Schroders Emerging Mkts Eq Y 3,993,421 1.3%5,068,577 1.5%-- Total International Equities 30,274,338 9.7%33,916,197$ 10.3%10.0% Range Range 4-20% Global Equities MSCI iShares ACWI Index ETF 10,980,048 3.5%11,603,627 3.5%-- American Funds New Perspective R6 4,662,061 1.5%5,135,216 1.6%-- MFS Global Equity FD CL R5 #4818 4,670,500 1.5%5,014,223 1.5%-- Total Global Equities 20,312,609$ 6.5%21,753,065$ 6.6%8.0% Range Range 4-12% Asset Allocation Period Ending December 31, 2019 16 PARS: County of Contra Costa 9/30/2019 9/30/2019 12/31/2019 12/31/2019 Target Asset Allocation Market Value % of Total Market Value % of Total Allocation Real Estate Vanguard Real Estate ETF 15,797,762 5.1%15,269,615 4.6%-- 15,797,762$ 5.1%15,269,615$ 4.6%4.0% Range Range 0-8% Fixed Income Core Fixed Income Holdings 86,568,212 27.8%92,045,705 27.8%-- PIMCO Total Return Instl Fund 18,852,721 6.1%19,720,114 6.0%-- Prudential Total Return Bond Q 18,886,670 6.1%19,762,579 6.0%-- Total Fixed Income 124,307,604$ 40.0%131,528,397$ 39.8%43.0% Range Range 30-50% Alternatives BlackRock Event Driven Equity Instl 4,688,205 1.5%4,073,852 1.2%-- BlackRock Strategic Income Opps K 3,917,401 1.3%3,280,172 1.0%-- Eaton Vance Glb Macr Absolt Retrn R6 3,902,460 1.3%3,243,916 1.0%-- Western Asset Macro Opportunities IS 3,125,540 1.0%3,311,843 1.0%-- Total Alternatives 15,633,605$ 5.0%13,909,784$ 4.2%0.0% Range Range 0-10% Cash Money Market 4,635,731 1.5%1,300,389 0.4%-- Total Cash 4,635,731$ 1.5%1,300,389$ 0.4%1.0% Range Range 0-5% TOTAL 310,875,084$ 100.0%330,686,331$ 100.0%100.0% Asset Allocation Period Ending December 31, 2019 17 *Ending Market Value differs from total market value on the previous page due to differences in reporting methodology. The ab ove ending market value is reported as of trade date and includes accruals. The Asset Allocation total market value is reported as of settlement date. PARS: County of Contra Costa Investment Summary Fourth Quarter 2019 Year to Date 2019 Beginning Value 311,460,604.92 260,226,787.74$ Net Contributions/Withdrawals 5,004,716.01 20,914,785.10 Fees Deducted -49,746.46 -196,492.99 Income Received 6,441,322.71 11,448,085.44 Market Appreciation 8,414,955.37 38,915,024.12 Net Change in Accrued Income 120,240.59 83,903.73 Ending Market Value*331,392,093.14$ 331,392,093.14$ * Investment Summary Fourth Quarter 2018 Year to Date 2018 Beginning Value 275,858,092.90 254,664,786.12$ Net Contributions/Withdrawals 4,992,580.98 20,833,234.72 Fees Deducted -48,392.18 -193,402.20 Income Received 5,833,237.10 9,681,815.66 Market Appreciation -26,299,750.76 -24,826,725.70 Net Change in Accrued Income -108,980.30 67,079.14 Ending Market Value*260,226,787.74$ 260,226,787.74$ * Investment Summary Period Ending December 31, 2019 18 Investment Strategy As of December 31, 2019 Tactical Asset Allocation Asset Class % Portfolio Weighting Rationale Target Current Portfolio Over/Under Weighting Cash 1.0%0.5%-0.5% Fixed Income 43.0%40.0%-3.0%▪We forecast the Fed Funds rate to be between 1.25%-1.75%at the end of 2020.This forecast implies that the Fed will either cut rates one time,or stand pat for 2020.Economic data,while soft,will likely not warrant a cut.The trillions of dollars of global sovereign debt trading at negative yields will likely keep a bid in the fixed income markets.Inflation expectations seem to be anchored at 2%. Alternatives 0.0%4.25%+4.25%▪Cash currently offers a low competitive rate of return.If the Fed does not lower interest rates,fixed income returns may disappoint.While we are not forecasting the 8%return from alternatives in 2019 to be repeated in 2020,we may seek to increase our allocation to alternatives over the course of 2020. Real Estate (REITS)4.0%4.5%+0.5%▪REIT equity was the strongest performing asset class through September 2019.REITs sold off modestly in the fourth quarter.We believe REIT fundamentals are still supported by positive employment trends,consumer spending,and GDP growth.REITs have historically performed well in late-cycle periods. Global Equity 8.0%6.5%-1.5%▪A variety of global economic readings are still indicating a deceleration in global growth.However,during the quarter (and in January 2020)events indicating that a thaw in the trade war between the U.S.and China are encouraging signs that might support the case for an increase in global growth.The early news reports surrounding the Coronavirus are not encouraging,but it is too soon to take any action. International (Developed)10.0%8.5%-1.5%▪Purchasing manager readings are still tepid globally.However as mentioned above,with a Phase I deal signed between the U.S.and China,it is reasonable to think that global trade could pick up.Valuations are more attractive internationally versus the U.S.The risks surrounding ‘Brexit’seemed to have diminished as well throughout the quarter.The uncertainty around a potential rebound in growth keeps this allocation at a slight underweight. International (Emerging)0.0%1.5%+1.5%▪Trade war risks have diminished somewhat with the signing of a Phase 1 deal with China.Emerging market corporate earnings are facing ongoing pressure from slowing global growth and a strong dollar.Valuation spreads relative to developed market equities are not reflecting the more difficult environment and outlook facing emerging market companies. Total Domestic Equity 34.0%34.25%+0.25% Large Cap 19.0%19.5%+0.5%▪Large cap equities are currently trading at an 18X forward PE ratio,which is slightly overvalued versus historical valuation levels.We estimate earnings for 2020 will show a mid-single digit growth rate.In the most recent quarter we increased our allocation to large cap equities however by overweighting large cap value.Valuation dispersion between value and growth stocks is at or near all-time levels. Mid Cap 6.0%6.0%-▪Mid-Cap valuations are currently at a 17X PE ratio.We are at a neutral allocation. Small Cap 9.0%8.75%-0.25%•We see small cap equities as offering low double digit earnings growth,with relatively cheap valuations compared to large cap stocks. The higher Beta/higher leverage levels that small caps offer temper some of our enthusiasm. PARS: County of Contra Costa 19 Inception Date: 02/01/2011 * Benchmark from February 1, 2011 to June 30, 2013: 18% Russell 1000 Index, 6% Russell Midcap Index, 8% Russell 2000 Index, 8% MSCI ACWI Index, 10% MSCI EAFE Index, 45% Barclays Aggregate Index, 4% DJ Wilshire REIT Index, 1% Citigroup 3 Month T Bill Index. From July 1, 2013 to June 30, 2015: 17% Russell 1000 Index, 6% Russell Midcap Index, 8% Russell 2000 Index, 7% MSCI AC World US I ndex, 9% MSCI EAFE Index, 38% Barclays Aggregate Index, 4% DJ Wilshire REIT Index, 10% HFRI FOF Market Defensive Index, 1% Citigroup 3 Month T-Bill Index. From July 1, 2015 to September 30, 2019: 17% Russell 1000 Index, 6% Russell Midcap Index, 8% Russell 2000 Index, 7% MSCI AC World Index, 9% MSCI EAFE Index, 38% Barclays Aggregate Index, 4% DJ Wilshire REIT Index, 10% Wilshire Liquid Alternative Index, 1% Citigroup 3 Month T-Bill Index. From October 1, 2019: 43% BBG Barclays US Aggregate Bd Index, 1% FTSE 3 Month T-Bill Index, 8% MSCI AC World Index, 10% MSCI EAFE Index, 19% Russell 1000 Index, 9% Russell 2000 Index, 6% Russell Midcap Index, 4% Wilshire REIT Index. ** Dynamic Alternatives Index represents the HFRI FOF Market Defensive Index from 07/01/2013 until 06/30/2015, and then the Wilshire Liquid Alternatives Index from 07/01/2015 forwards. Returns are gross-of-fees unless otherwise noted. Returns for periods over one year are annualized. The information presented has been obtained from sources believed to be accurate and reliable. Past performance is not indicative of future returns. Securities are not FDIC insured, have no bank guarantee, and may lose value. PARS: County of Contra Costa 3 Months Year to Date (1 Year)1 Year 3 Years 5 Years Inception to Date 02/01/2011 Cash Equivalents .40 2.07 2.07 1.51 .97 .55 Lipper Money Market Funds Index .38 1.98 1.98 1.42 .88 .49 Fixed Income ex Funds .52 9.20 9.20 4.21 3.40 3.80 Total Fixed Income .37 9.32 9.32 4.41 3.48 3.90 BBG Barclays US Aggregate Bd Index .18 8.72 8.72 4.03 3.05 3.46 Total Equities 8.27 27.99 27.99 12.37 9.10 9.63 Large Cap Funds 9.38 30.19 30.19 14.83 11.37 12.23 Russell 1000 Index 9.04 31.43 31.43 15.05 11.48 13.09 Mid Cap Funds 7.02 30.21 30.21 11.92 8.79 10.33 Russell Midcap Index 7.06 30.54 30.54 12.06 9.33 11.76 Small Cap Funds 10.10 26.59 26.59 10.38 9.49 11.58 Russell 2000 Index 9.94 25.53 25.53 8.59 8.23 10.40 International Equities 8.86 25.20 25.20 11.78 7.15 6.01 MSCI AC World Index 8.95 26.60 26.60 12.44 8.41 8.26 MSCI EAFE Index 8.17 22.01 22.01 9.56 5.67 5.03 MSCI EM Free Index 11.84 18.42 18.42 11.57 5.61 2.45 REIT Funds .56 28.88 28.88 8.33 7.11 9.63 Wilshire REIT Index -1.14 25.76 25.76 7.63 6.87 9.90 Alternatives 2.88 8.33 8.33 1.03 .65 Dynamic Alternatives Index 1.55 6.66 6.66 2.38 .80 .31 Total Managed Portfolio 4.72 18.67 18.67 8.20 6.11 6.51 Total Account Net of Fees 4.70 18.60 18.60 8.12 6.02 6.40 Contra Costa Policy Benchmark 4.56 18.46 18.46 8.15 6.18 6.93 Selected Period Perfromance PARS/COUNTY OF CONTRA COSTA PRHCP Account 6746038001 Period Ending: 12/31/2019 20 Revised PARS: County of Contra Costa 3-Month YTD 1-Year 3-Year 5-Year Fund Name Inception Return Rank Return Rank Return Rank Return Rank Return Rank Columbia Contrarian Core Inst3 (7/13) 9.21 23 33.08 10 33.08 10 13.94 48 10.69 40 Vanguard Growth & Income Adm (12/16) 8.79 47 29.77 51 29.77 51 14.35 41 11.33 22 Dodge & Cox Stock (10/14) 10.09 6 24.83 58 24.83 58 11.13 31 9.72 13 iShares S&P 500 Value ETF (12/19) 9.88 8 31.71 5 31.71 5 11.31 28 9.35 24 T. Rowe Price Growth Stock I 10.08 36 30.98 61 30.98 61 20.22 30 14.38 19 Harbor Capital Appreciation Retirement 12.45 9 33.39 39 33.39 39 21.77 17 14.68 15 Russell 1000 TR USD 9.04 --31.43 --31.43 --15.05 --11.48 -- iShares Russell 1000 ETF (3/15) 9.00 36 31.26 30 31.26 30 14.90 28 11.35 21 iShares Russell Mid-Cap ETF (3/15) 7.04 43 30.31 21 30.31 21 11.90 18 9.17 18 Russell Mid Cap TR USD 7.06 --30.54 --30.54 --12.06 --9.33 -- Undiscovered Managers Behavioral Val R6 (9/16) 7.29 69 23.34 30 23.34 30 5.90 19 8.26 8 Russell 2000 Value TR USD 8.49 --22.39 --22.39 --4.77 --6.99 -- Victory RS Small Cap Growth R6 (2/19) 13.46 8 38.38 8 38.38 8 20.10 12 11.83 20 Russell 2000 Growth TR USD 11.39 --28.48 --28.48 --12.49 --9.34 -- iShares Russell 2000 ETF (3/15) 9.92 17 25.42 35 25.42 35 8.56 23 8.24 29 Dodge & Cox International Stock 10.61 12 22.77 7 22.77 7 7.66 33 3.67 62 MFS International Growth R6 9.03 58 27.31 60 27.31 60 15.47 18 9.70 12 MFS Global Equity R6 (3/15) 7.36 71 30.66 17 30.66 17 13.61 31 9.22 29 iShares MSCI EAFE ETF (3/15) 8.10 63 21.94 45 21.94 45 9.50 46 5.61 45 iShares MSCI ACWI ETF (3/15) 8.93 37 26.70 45 26.70 45 12.70 39 8.62 38 American Funds New Perspective R6 (3/15) 10.15 17 30.48 19 30.48 19 16.79 13 11.45 10 DFA Large Cap International I (12/18) 8.02 64 22.04 43 22.04 43 9.52 45 5.65 42 MSCI EAFE NR USD 8.17 --22.01 --22.01 --9.56 --5.67 -- MSCI ACWI NR USD 8.95 --26.60 --26.60 --12.44 --8.41 -- Hartford Schroders Emerging Mkts Eq F (11/12) 11.32 42 22.32 30 22.32 30 13.40 18 7.05 16 MSCI EM Free Index 11.84 --18.42 --18.42 --11.57 --5.61 -- Data Source: Morningstar, SEI Investments Returns less than one year are not annualized. Past performance is not indicative of future returns. The information presented has been obtained from sources believed accurate and reliable. Securities are not FDIC insured, have no bank guarantee and may lose value. COUNTY OF CONTRA COSTA LARGE CAP EQUITY FUNDS MID CAP EQUITY FUNDS SMALL CAP EQUITY FUNDS INTERNATIONAL EQUITY FUNDS For Period Ending December 31, 2019 21 PARS: County of Contra Costa 3-Month YTD 1-Year 3-Year 5-Year Fund Name Inception Return Rank Return Rank Return Rank Return Rank Return Rank Vanguard Real Estate ETF (6/17) 0.60 36 28.91 30 28.91 30 8.36 46 7.17 39 Wilshire REIT Index -1.14 --25.76 --25.76 --7.63 --6.87 -- Core Fixed Income Portfolio .52 9 9.20 21 9.20 21 4.21 15 3.40 9 PIMCO Total Return Instl -0.30 94 8.26 73 8.26 73 4.31 36 3.25 45 PGIM Total Return Bond R6 (5/16) 0.35 51 11.13 7 11.13 7 5.62 2 4.33 3 BBgBarc US Agg Bond TR USD 0.18 --8.72 --8.72 --4.03 --3.05 -- BlackRock Event Driven Equity Instl (3/19) 1.42 34 7.29 13 7.29 13 6.64 1 4.48 -- BlackRock Strategic Income Opps K (7/13) 1.61 42 7.82 36 7.82 36 4.05 32 3.09 42 Eaton Vance Glb Macr Absolt Retrn R6 (7/13) 3.09 12 9.82 18 9.82 18 3.50 47 3.42 31 Western Asset Macro Opportunities IS (2/19) 5.96 1 16.80 1 16.80 1 8.37 2 6.62 1 Dynamic Alternatives Index 1.55 --6.66 --6.66 --2.38 --0.80 -- Data Source: Morningstar, SEI Investments Returns less than one year are not annualized. Past performance is not indicative of future returns. The information presented has been obtained from sources believed accurate and reliable. Securities are not FDIC insured, have no bank guarantee and may lose value. ALTERNATIVE FUNDS REIT EQUITY FUNDS COUNTY OF CONTRA COSTA For Period Ending December 31, 2019 BOND FUNDS 22 PARS: County of Contra Costa . 2019 2018 2017 2016 2015 2014 2013 Fund Name Inception Return Rank Return Rank Return Rank Return Rank Return Rank Return Rank Return Rank Columbia Contrarian Core Inst3 (7/13) 33.08 10 -8.81 82 21.89 28 8.77 73 3.25 7 13.14 27 36.04 15 Vanguard Growth & Income Adm (12/16) 29.77 51 -4.61 31 20.80 54 12.12 24 2.03 16 14.16 13 32.74 37 Dodge & Cox Stock (10/14) 24.83 58 -7.07 31 18.33 24 21.28 6 -4.49 62 10.40 54 40.55 2 iShares S&P 500 Value ETF (12/19) 31.71 5 -9.09 57 15.19 61 17.17 25 -3.24 42 12.14 24 31.69 45 T. Rowe Price Growth Stock I 30.98 61 -0.89 37 33.84 15 1.58 63 10.93 --8.83 --39.20 -- Harbor Capital Appreciation Retirement 33.39 39 -0.96 37 36.68 5 -1.04 --10.99 --9.93 --37.66 -- Russell 1000 TR USD 31.43 ---4.78 --21.69 --12.05 --0.92 --13.24 --33.11 -- iShares Russell 1000 ETF (3/15) 31.26 30 -4.91 37 21.53 37 11.91 27 0.82 30 13.08 28 32.93 35 iShares Russell Mid-Cap ETF (3/15) 30.31 21 -9.13 30 18.32 27 13.58 61 -2.57 30 13.03 8 34.50 46 Russell Mid Cap TR USD 30.54 ---9.06 --18.52 --13.80 ---2.44 --13.22 --34.76 -- Undiscovered Managers Behavioral Val R6 (9/16) 23.34 30 -15.20 49 13.53 11 20.97 80 3.52 1 5.83 25 37.72 -- Russell 2000 Value TR USD 22.39 ---12.86 --7.84 --31.74 ---7.47 --4.22 --34.52 -- Victory RS Small Cap Growth R6 (2/19) 38.38 8 -8.66 70 37.05 --0.88 --0.09 --9.36 --49.22 -- Russell 2000 Growth TR USD 28.48 ---9.31 --22.17 --11.32 ---1.38 --5.60 --43.30 -- iShares Russell 2000 ETF (3/15) 25.42 35 -11.02 36 14.66 24 21.36 43 -4.33 44 4.94 44 38.85 35 Dodge & Cox International Stock 22.78 7 -17.98 81 23.94 72 8.26 2 -11.35 98 0.08 9 26.31 8 DFA Large Cap International I (12/18) 22.04 43 -14.14 44 25.37 48 3.16 23 -2.86 72 -5.24 49 20.69 39 MFS International Growth R6 27.31 60 -8.79 9 32.58 31 2.79 6 0.40 52 -5.01 57 13.94 78 MFS Global Equity R6 (3/15) 30.66 17 -9.51 50 24.04 41 7.43 27 -1.34 48 4.08 33 27.93 34 iShares MSCI EAFE ETF (3/15) 21.94 45 -13.83 37 24.94 58 0.96 47 -0.90 46 -5.04 46 22.62 18 iShares MSCI ACWI ETF (3/15) 26.70 45 -9.15 45 24.35 39 8.22 21 -2.39 62 4.64 28 22.91 63 American Funds New Perspective R6 (3/15) 30.48 19 -5.56 18 29.30 16 2.19 77 5.63 6 3.56 40 27.23 38 MSCI EAFE NR USD 22.01 ---13.79 --25.03 --1.00 ---0.81 ---4.90 --22.78 -- MSCI ACWI NR USD 26.60 ---9.41 --23.97 --7.86 ---2.36 --4.16 --22.80 -- Hartford Schroders Emerging Mkts Eq F (11/12) 22.32 30 -15.42 45 40.96 --10.41 ---12.68 ---4.61 ---2.28 -- MSCI EM PR USD 15.42 ---16.63 --34.35 --8.58 ---16.96 ---4.63 ---4.98 -- Data Source: Morningstar, SEI Investments Returns less than one year are not annualized. Past performance is not indicative of future returns. The information presented has been obtained from sources believed accurate and reliable. Securities are not FDIC insured, have no bank guarantee and may lose value. COUNTY OF CONTRA COSTA For Period Ending December 31, 2019 LARGE CAP EQUITY FUNDS MID CAP EQUITY FUNDS SMALL CAP EQUITY FUNDS INTERNATIONAL EQUITY FUNDS 23 PARS: County of Contra Costa . 2019 2018 2017 2016 2015 2014 2013 Fund Name Inception Return Rank Return Rank Return Rank Return Rank Return Rank Return Rank Return Rank Vanguard Real Estate ETF (6/17) 28.91 30 -5.95 58 4.95 57 8.53 17 2.37 65 30.29 33 2.42 27 Wilshire US REIT TR USD 25.76 ---4.84 --4.18 --7.24 --4.23 --31.78 --1.86 -- Fixed Income Core Portfolio 9.20 21 .14 24 3.49 59 3.63 37 0.78 14 4.74 70 -1.40 41 PIMCO Total Return Instl 8.26 73 -0.26 30 5.13 17 2.60 82 0.73 11 4.69 72 -1.92 78 PGIM Total Return Bond R6 (5/16) 11.13 7 -0.63 46 6.71 3 4.83 21 0.09 40 7.25 7 -0.91 42 BBgBarc US Agg Bond TR USD 8.72 --0.01 --3.54 --2.65 --0.55 --5.97 ---2.02 -- BlackRock Strategic Income Opps K (7/13) 7.82 36 -0.47 46 4.97 37 3.65 ---0.30 --3.89 --3.28 -- BlackRock Event Driven Equity Instl (3/19) 7.29 13 5.49 11 7.14 9 4.29 37 -1.56 --10.40 --32.30 -- Eaton Vance Glb Macr Absolt Retrn R6 (7/19) (EGMSX) 9.82 18 -3.13 78 4.21 --4.00 --2.63 --3.03 ---0.24 -- Western Asset Macro Opportunities IS (2/19) 16.80 1 -5.42 94 15.21 1 6.57 25 1.57 13 8.11 5 -- -- Dynamic Alternatives Index 6.66 ---4.24 --5.07 --2.29 ---5.19 --6.39 --0.54 -- Data Source: Morningstar, SEI Investments Returns less than one year are not annualized. Past performance is not indicative of future returns. The information presented has been obtained from sources believed accurate and reliable. Securities are not FDIC insured, have no bank guarantee and may lose value. REIT EQUITY FUNDS ALTERNATIVE FUNDS COUNTY OF CONTRA COSTA For Period Ending December 31, 2019 BOND FUNDS 24 Columbia Contrarian Core Inst3 COFYX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Large Blend ÙÙÙ 11/8/2012 0.64 10,332.12 11/30/2019 Guy W. Pope Asset Alloca�on % Cash 1.0 US Equity 96.4 Non­US Equity 2.6 Total 100.0 Holdings­Based Style Map Micro Small Mid Large Giant Deep­Val Core­Val Core Core­Grth High­Grth Columbia Contrarian Core Inst3 11/30/2019 Russell 1000 TR USD 12/31/2019 US Fund Large Blend 12/31/2019 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le Columbia Contrarian Core Inst3 Russell 1000 TR USD US Fund Large Blend 33.08 33.08 13.94 10.69 31.43 31.43 15.05 11.48 13.54 28.62 28.62 13.25 9.52 11.47 1 1 2 2 1 1 1 1 1 3 3 3 3 3 Rolling Returns Time Period: 1/1/2015 to 12/31/2019 Peer Group (5­95%): Funds ­ U.S. ­ Large Blend Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: Russell 1000 TR USD 01 02 03 04 05 06 07 08 09 10 11 12 2019 01 02 03 04 05 06 07 08 09 10 11 12 5.0 10.0 15.0 20.0 Columbia Contrarian Core Inst3 Russell 1000 TR USDReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Funds ­ U.S. ­ Large Blend 5.0 10.0 15.0 20.0 25.0 YTD 1 year 3 years 5 years 10 years 30.0 35.0 Columbia Contrarian Core Inst3 Russell 1000 TR USD US Fund Large Blend ReturnReturns As of Date: 12/31/2019 Calcula�on Benchmark: Russell 1000 TR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years 0.0 5.0 10.0 15.0 20.0 25.0 30.0 35.0 40.0 9.2 33.1 33.1 13.9 10.79.0 31.4 31.4 15.0 11.5 13.5 8.1 28.6 28.6 13.3 9.5 11.5 Columbia Contrarian Core Inst3 Russell 1000 TR USD US Fund Large Blend ReturnRisk­Reward Time Period: 1/1/2015 to 12/31/2019 Peer Group (5­95%): Funds ­ U.S. ­ Large Blend Calcula�on Benchmark: Russell 1000 TR USD Std Dev 0.0 3.0 6.0 9.0 12.0 15.0 18.0 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 ReturnColumbia Contrarian Core Inst3 ­ Risk Time Period: 1/1/2015 to 12/31/2019 Calcula�on Benchmark: Russell 1000 TR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 11.48 12.07 0.00 0.00 1.00 100.00 0.86 0.00 10.69 12.39 1.68 ­0.81 1.01 97.11 0.77 2.11 Monthly Es�mated Fund­Level Net Flow Time Period: 1/1/2015 to 12/31/2019 2015 2017 2019 ­500M ­250M 0M 250M 500M Columbia Contrarian Core Inst3 US Fund Large Blend Es�mated Fund­ L e v e l N e t F l o w Monthly Return Source: Morningstar Direct, as of December 31, 2019 Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. 25 Vanguard Growth & Income Adm VGIAX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Large Blend ÙÙÙÙ 5/14/2001 0.23 12,029.59 9/30/2019 Mul�ple Asset Alloca�on % Cash 2.3 US Equity 96.8 Non­US Equity 0.9 US Bond 0.0 Total 100.0 Holdings­Based Style Map Micro Small Mid Large Giant Deep­Val Core­Val Core Core­Grth High­Grth Vanguard Growth & Income Adm 9/30/2019 S&P 500 TR USD 12/31/2019 US Fund Large Blend 12/31/2019 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le Vanguard Growth & Income Adm Russell 1000 TR USD US Fund Large Blend 29.77 29.77 14.35 11.33 13.57 31.43 31.43 15.05 11.48 13.54 28.62 28.62 13.25 9.52 11.47 2 2 2 1 1 1 1 1 1 1 3 3 3 3 3 Rolling Returns Time Period: 1/1/2015 to 12/31/2019 Peer Group (5­95%): Funds ­ U.S. ­ Large Blend Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: S&P 500 TR USD 01 02 03 04 05 06 07 08 09 10 11 12 2019 01 02 03 04 05 06 07 08 09 10 11 12 7.5 10.0 12.5 15.0 17.5 Vanguard Growth & Income Adm S&P 500 TR USDReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Funds ­ U.S. ­ Large Blend 5.0 10.0 15.0 20.0 25.0 YTD 1 year 3 years 5 years 10 years 30.0 35.0 Vanguard Growth & Income Adm S&P 500 TR USD US Fund Large Blend ReturnReturns As of Date: 12/31/2019 Calcula�on Benchmark: Russell 1000 TR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years 0.0 5.0 10.0 15.0 20.0 25.0 30.0 35.0 8.8 29.8 29.8 14.4 11.3 13.6 9.0 31.4 31.4 15.0 11.5 13.5 8.1 28.6 28.6 13.3 9.5 11.5 Vanguard Growth & Income Adm Russell 1000 TR USD US Fund Large Blend ReturnRisk­Reward Time Period: 1/1/2015 to 12/31/2019 Peer Group (5­95%): Funds ­ U.S. ­ Large Blend Calcula�on Benchmark: Russell 1000 TR USD Std Dev 0.0 3.0 6.0 9.0 12.0 15.0 18.0 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 ReturnVanguard Growth & Income Adm ­ Risk Time Period: 1/1/2015 to 12/31/2019 Calcula�on Benchmark: S&P 500 TR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 11.70 11.98 0.00 0.00 1.00 100.00 0.88 0.00 11.33 11.94 0.69 ­0.26 0.99 99.34 0.86 0.97 Monthly Es�mated Fund­Level Net Flow Time Period: 1/1/2015 to 12/31/2019 2015 2017 2019 ­750M 0M 750M 1,500M 2,250M Vanguard Growth & Income Adm US Fund Large Blend Es�mated Fund­ L e v e l N e t F l o w Monthly Return Source: Morningstar Direct, as of December 31, 2019 Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. 26 Dodge & Cox Stock DODGX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Large Value ÙÙÙÙ 1/4/1965 0.52 74,585.37 9/30/2019 Mul�ple Asset Alloca�on % Cash 2.0 US Equity 86.4 Non­US Equity 11.6 Total 100.0 Holdings­Based Style Map Micro Small Mid Large Giant Deep­Val Core­Val Core Core­Grth High­Grth Dodge & Cox Stock 9/30/2019 S&P 500 TR USD 12/31/2019 US Fund Large Value 12/31/2019 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le Dodge & Cox Stock Russell 1000 Value TR USD US Fund Large Value 24.99 24.99 26.54 26.54 9.86 9.68 7.82 8.29 10.51 11.80 24.83 24.83 11.13 9.72 12.603321 1 2 2 3 2 1 3 3 2 3 3 Rolling Returns Time Period: 1/1/2015 to 12/31/2019 Peer Group (5­95%): Funds ­ U.S. ­ Large Value Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: S&P 500 TR USD 01 02 03 04 05 06 07 08 09 10 11 12 2019 01 02 03 04 05 06 07 08 09 10 11 12 7.5 10.0 12.5 15.0 17.5 Dodge & Cox Stock S&P 500 TR USDReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Funds ­ U.S. ­ Large Value 5.0 10.0 15.0 20.0 25.0 YTD 1 year 3 years 5 years 10 years 30.0 35.0 Dodge & Cox Stock S&P 500 TR USD US Fund Large Value ReturnReturns As of Date: 12/31/2019 Calcula�on Benchmark: Russell 1000 Value TR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years 0.0 5.0 10.0 15.0 20.0 25.0 30.0 10.1 24.8 24.8 11.1 9.7 12.6 7.4 26.5 26.5 9.7 8.3 11.8 7.4 25.0 25.0 9.9 7.8 10.5 Dodge & Cox Stock Russell 1000 Value TR USD US Fund Large Value ReturnRisk­Reward Time Period: 1/1/2015 to 12/31/2019 Peer Group (5­95%): Funds ­ U.S. ­ Large Value Calcula�on Benchmark: Russell 1000 Value TR USD Std Dev 0.0 3.0 6.0 9.0 12.0 15.0 18.0 0.0 2.0 4.0 6.0 8.0 10.0 12.0 ReturnDodge & Cox Stock ­ Risk Time Period: 1/1/2015 to 12/31/2019 Calcula�on Benchmark: S&P 500 TR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 9.72 14.05 3.60 ­2.58 1.10 87.40 0.61 5.12 11.70 11.98 0.00 0.00 1.00 100.00 0.88 0.00 Monthly Es�mated Fund­Level Net Flow Time Period: 1/1/2015 to 12/31/2019 2015 2017 2019 ­1,000M ­500M 0M 500M Dodge & Cox Stock US Fund Large Value Es�mated Fund­ L e v e l N e t F l o w Monthly Return Source: Morningstar Direct, as of December 31, 2019 Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. 27 Harbor Capital Apprecia�on Re�rement HNACX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Large Growth ÙÙÙÙ 3/1/2016 0.58 32,858.72 9/30/2019 Mul�ple Asset Alloca�on % Cash 0.4 US Equity 86.5 Non­US Equity 13.1 Total 100.0 Holdings­Based Style Map Micro Small Mid Large Giant Deep­Val Core­Val Core Core­Grth High­Grth Harbor Capital Apprecia�on Re�rement 9/30/2019 Russell 1000 Growth TR USD 12/31/2019 US Fund Large Growth 12/31/2019 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le Harbor Capital Apprecia�on Re�rement Russell 1000 Growth TR USD US Fund Large Growth 36.39 36.39 20.49 14.63 15.22 33.39 33.39 21.77 31.71 31.71 18.10 11.98 12.89 2 2 1 1 1 2 1 1 3 3 3 3 3 Rolling Returns Time Period: 1/1/2015 to 12/31/2019 Peer Group (5­95%): Funds ­ U.S. ­ Large Growth Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: Russell 1000 Growth TR USD 01 02 03 04 05 06 07 08 09 10 11 12 2019 01 02 03 04 05 06 07 08 09 10 11 12 10.0 15.0 20.0 25.0 Harbor Capital Apprecia�on Re�rement Russell 1000 Growth TR USDReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Funds ­ U.S. ­ Large Growth 5.0 10.0 15.0 20.0 25.0 YTD 1 year 3 years 5 years 10 years 30.0 35.0 40.0 Harbor Capital Apprecia�on Re�rement Russell 1000 Growth TR USD US Fund Large Growth ReturnReturns As of Date: 12/31/2019 Calcula�on Benchmark: Russell 1000 Growth TR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years 0.0 5.0 10.0 15.0 20.0 25.0 30.0 35.0 40.0 12.4 33.4 33.4 21.8 10.6 36.4 36.4 20.5 14.6 15.2 9.3 31.7 31.7 18.1 12.0 12.9 Harbor Capital Apprecia�on Re�rement Russell 1000 Growth TR USD US Fund Large Growth ReturnRisk­Reward Time Period: 1/1/2015 to 12/31/2019 Peer Group (5­95%): Funds ­ U.S. ­ Large Growth Calcula�on Benchmark: Russell 1000 Growth TR USD Std Dev 0.0 3.0 6.0 9.0 12.0 15.0 18.0 0.0 3.0 6.0 9.0 12.0 15.0 18.0 ReturnHarbor Capital Apprecia�on Re�rement ­ Risk Time Period: 1/1/2015 to 12/31/2019 Calcula�on Benchmark: Russell 1000 Growth TR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 14.63 12.92 0.00 0.00 1.00 100.00 1.05 0.00 Monthly Es�mated Fund­Level Net Flow Time Period: 3/1/2016 to 12/31/2019 2016 2017 2018 2019 ­600M ­400M ­200M 0M 200M Harbor Capital Apprecia�on Re�rement US Fund Large Growth Es�mated Fund­ L e v e l N e t F l o w Monthly Return Source: Morningstar Direct, as of December 31, 2019 Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. 28 T. Rowe Price Growth Stock I PRUFX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Large Growth ÙÙÙÙ 8/28/2015 0.52 59,494.08 9/30/2019 Joseph B. Fath Asset Alloca�on % Cash 0.5 US Equity 87.3 Non­US Equity 12.2 Total 100.0 Holdings­Based Style Map Micro Small Mid Large Giant Deep­Val Core­Val Core Core­Grth High­Grth T. Rowe Price Growth Stock I 9/30/2019 S&P 500 TR USD 12/31/2019 US Fund Large Growth 12/31/2019 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le T. Rowe Price Growth Stock I Russell 1000 Growth TR USD US Fund Large Growth 36.39 36.39 20.49 14.63 15.22 31.71 31.71 18.10 11.98 12.89 30.98 30.98 20.2233 2 1 1 2 1 1 3 3 3 3 3 Rolling Returns Time Period: 1/1/2015 to 12/31/2019 Peer Group (5­95%): Funds ­ U.S. ­ Large Growth Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: S&P 500 TR USD 01 02 03 04 05 06 07 08 09 10 11 12 2019 01 02 03 04 05 06 07 08 09 10 11 12 5.0 10.0 15.0 20.0 25.0 T. Rowe Price Growth Stock I S&P 500 TR USDReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Funds ­ U.S. ­ Large Growth 5.0 10.0 15.0 20.0 25.0 YTD 1 year 3 years 5 years 10 years 30.0 35.0 40.0 T. Rowe Price Growth Stock I S&P 500 TR USD US Fund Large Growth ReturnReturns As of Date: 12/31/2019 Calcula�on Benchmark: Russell 1000 Growth TR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years 0.0 5.0 10.0 15.0 20.0 25.0 30.0 35.0 40.0 10.1 31.0 31.0 20.2 10.6 36.4 36.4 20.5 14.6 15.2 9.3 31.7 31.7 18.1 12.0 12.9 T. Rowe Price Growth Stock I Russell 1000 Growth TR USD US Fund Large Growth ReturnRisk­Reward Time Period: 1/1/2015 to 12/31/2019 Peer Group (5­95%): Funds ­ U.S. ­ Large Growth Calcula�on Benchmark: Russell 1000 Growth TR USD Std Dev 0.0 3.0 6.0 9.0 12.0 15.0 18.0 0.0 3.0 6.0 9.0 12.0 15.0 18.0 ReturnT. Rowe Price Growth Stock I ­ Risk Time Period: 1/1/2015 to 12/31/2019 Calcula�on Benchmark: S&P 500 TR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 11.70 11.98 0.00 0.00 1.00 100.00 0.88 0.00 Monthly Es�mated Fund­Level Net Flow Time Period: 8/1/2015 to 12/31/2019 2017 2019 ­2,250M ­1,500M ­750M 0M 750M T. Rowe Price Growth Stock I US Fund Large Growth Es�mated Fund­ L e v e l N e t F l o w Monthly Return Source: Morningstar Direct, as of December 31, 2019 Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. 29 Undiscovered Managers Behavioral Val R6 UBVFX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Small Value ÙÙÙÙÙ 4/30/2013 0.80 5,281.94 11/30/2019 Mul�ple Asset Alloca�on % Cash 6.9 US Equity 92.5 Non­US Equity 0.5 Total 100.0 Holdings­Based Style Map Micro Small Mid Large Giant Deep­Val Core­Val Core Core­Grth High­Grth Undiscovered Managers Behavioral Val R6 11/30/2019 Russell 2000 Value TR USD 12/31/2019 US Fund Small Value 12/31/2019 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le Undiscovered Managers Behavioral Val R6 Russell 2000 Value TR USD US Fund Small Value 23.34 23.34 5.90 8.26 22.39 22.39 4.77 6.99 10.56 21.21 21.21 3.82 5.52 9.90 2 2 1 1 2 2 2 2 2 3 3 3 3 3 Rolling Returns Time Period: 1/1/2015 to 12/31/2019 Peer Group (5­95%): Funds ­ U.S. ­ Small Value Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: Russell 2000 Value TR USD 01 02 03 04 05 06 07 08 09 10 11 12 2019 01 02 03 04 05 06 07 08 09 10 11 12 0.0 5.0 10.0 15.0 20.0 Undiscovered Managers Behavioral Val R6 Russell 2000 Value TR USDReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Funds ­ U.S. ­ Small Value ­5.0 0.0 5.0 10.0 15.0 YTD 1 year 3 years 5 years 10 years 20.0 25.0 30.0 35.0 Undiscovered Managers Behavioral Val R6 Russell 2000 Value TR USD US Fund Small Value ReturnReturns As of Date: 12/31/2019 Calcula�on Benchmark: Russell 2000 Value TR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years 0.0 2.5 5.0 7.5 10.0 12.5 15.0 17.5 20.0 22.5 25.0 7.3 23.3 23.3 5.9 8.38.5 22.4 22.4 4.8 7.0 10.6 8.0 21.2 21.2 3.8 5.5 9.9 Undiscovered Managers Behavioral Val R6 Russell 2000 Value TR USD US Fund Small Value ReturnRisk­Reward Time Period: 1/1/2015 to 12/31/2019 Peer Group (5­95%): Funds ­ U.S. ­ Small Value Calcula�on Benchmark: Russell 2000 Value TR USD Std Dev 0.0 4.0 8.0 12.0 16.0 20.0 24.0 0.0 2.0 4.0 6.0 8.0 10.0 12.0 ReturnUndiscovered Managers Behavioral Val R6 ­ Risk Time Period: 1/1/2015 to 12/31/2019 Calcula�on Benchmark: Russell 2000 Value TR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 8.26 16.55 3.84 1.39 0.99 89.93 0.43 5.26 6.99 15.88 0.00 0.00 1.00 100.00 0.37 0.00 Monthly Es�mated Fund­Level Net Flow Time Period: 1/1/2015 to 12/31/2019 2015 2017 2019 ­500M ­250M 0M 250M 500M Undiscovered Managers Behavioral Val R6 US Fund Small Value Es�mated Fund­ L e v e l N e t F l o w Monthly Return Source: Morningstar Direct, as of December 31, 2019 Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. 30 Victory RS Small Cap Growth R6 RSEJX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Small Growth 7/12/2017 1.06 2,334.82 9/30/2019 Mul�ple Asset Alloca�on % Cash 3.1 US Equity 88.9 Non­US Equity 8.0 Total 100.0 Holdings­Based Style Map Micro Small Mid Large Giant Deep­Val Core­Val Core Core­Grth High­Grth Victory RS Small Cap Growth R6 9/30/2019 Russell 2000 Growth TR USD 12/31/2019 US Fund Small Growth 12/31/2019 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le Victory RS Small Cap Growth R6 Russell 2000 Growth TR USD US Fund Small Growth 28.48 28.48 12.49 9.34 13.01 27.66 27.66 13.49 9.61 12.21 38.38 38.381 1 2 2 3 3 3 3 3 3 3 3 Rolling Returns Time Period: 1/1/2015 to 12/31/2019 Peer Group (5­95%): Funds ­ U.S. ­ Small Growth Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: Russell 2000 Growth TR USD 01 02 03 04 05 06 07 08 09 10 11 12 2019 01 02 03 04 05 06 07 08 09 10 11 12 5.0 10.0 15.0 20.0 Victory RS Small Cap Growth R6 Russell 2000 Growth TR USDReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Funds ­ U.S. ­ Small Growth 5.0 10.0 15.0 20.0 25.0 YTD 1 year 3 years 5 years 10 years 30.0 35.0 40.0 45.0 Victory RS Small Cap Growth R6 Russell 2000 Growth TR USD US Fund Small Growth ReturnReturns As of Date: 12/31/2019 Calcula�on Benchmark: Russell 2000 Growth TR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years 0.0 5.0 10.0 15.0 20.0 25.0 30.0 35.0 40.0 45.0 13.5 38.4 38.4 11.4 28.5 28.5 12.5 9.3 13.0 9.4 27.7 27.7 13.5 9.6 12.2 Victory RS Small Cap Growth R6 Russell 2000 Growth TR USD US Fund Small Growth ReturnRisk­Reward Time Period: 1/1/2015 to 12/31/2019 Peer Group (5­95%): Funds ­ U.S. ­ Small Growth Calcula�on Benchmark: Russell 2000 Growth TR USD Std Dev 0.0 4.0 8.0 12.0 16.0 20.0 24.0 0.0 3.0 6.0 9.0 12.0 15.0 18.0 ReturnVictory RS Small Cap Growth R6 ­ Risk Time Period: 1/1/2015 to 12/31/2019 Calcula�on Benchmark: Russell 2000 Growth TR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 9.34 16.90 0.00 0.00 1.00 100.00 0.49 0.00 Monthly Es�mated Fund­Level Net Flow Time Period: 7/1/2017 to 12/31/2019 2017 2018 2019 ­750M ­500M ­250M 0M 250M Victory RS Small Cap Growth R6 US Fund Small Growth Es�mated Fund­ L e v e l N e t F l o w Monthly Return Source: Morningstar Direct, as of December 31, 2019 Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. 31 DFA Large Cap Interna�onal I DFALX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Foreign Large Blend ÙÙÙ 7/17/1991 0.23 5,476.82 11/30/2019 Mul�ple Asset Alloca�on % Cash 1.0 US Equity 1.9 Non­US Equity 97.1 Other 0.0 Total 100.0 Holdings­Based Style Map Micro Small Mid Large Giant Deep­Val Core­Val Core Core­Grth High­Grth DFA Large Cap Interna�onal I 11/30/2019 MSCI World ex USA NR USD 12/31/2019 US Fund Foreign Large Blend 12/31/2019 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le DFA Large Cap Interna�onal I MSCI ACWI Ex USA NR USD US Fund Foreign Large Blend 22.04 22.04 9.52 5.65 5.44 21.51 21.51 9.87 5.51 4.97 21.46 21.46 9.17 5.20 5.05 2 2 2 2 2 3 3 2 2 3 3 3 2 3 3 Rolling Returns Time Period: 1/1/2015 to 12/31/2019 Peer Group (5­95%): Funds ­ U.S. ­ Foreign Large Blend Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: MSCI World ex USA NR USD 01 02 03 04 05 06 07 08 09 10 11 12 2019 01 02 03 04 05 06 07 08 09 10 11 12 2.0 4.0 6.0 8.0 10.0 DFA Large Cap Interna�onal I MSCI World ex USA NR USDReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Funds ­ U.S. ­ Foreign Large Blend 0.0 5.0 10.0 15.0 20.0 YTD 1 year 3 years 5 years 10 years 25.0 30.0 DFA Large Cap Interna�onal I MSCI World ex USA NR USD US Fund Foreign Large Blend ReturnReturns As of Date: 12/31/2019 Calcula�on Benchmark: MSCI ACWI Ex USA NR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years 0.0 2.5 5.0 7.5 10.0 12.5 15.0 17.5 20.0 22.5 25.0 8.0 22.0 22.0 9.5 5.6 5.4 8.9 21.5 21.5 9.9 5.5 5.0 8.4 21.5 21.5 9.2 5.2 5.1 DFA Large Cap Interna�onal I MSCI ACWI Ex USA NR USD US Fund Foreign Large Blend ReturnRisk­Reward Time Period: 1/1/2015 to 12/31/2019 Peer Group (5­95%): Funds ­ U.S. ­ Foreign Large Blend Calcula�on Benchmark: MSCI ACWI Ex USA NR USD Std Dev 0.0 3.0 6.0 9.0 12.0 15.0 18.0 0.0 2.0 4.0 6.0 8.0 10.0 ReturnDFA Large Cap Interna�onal I ­ Risk Time Period: 1/1/2015 to 12/31/2019 Calcula�on Benchmark: MSCI World ex USA NR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 5.42 12.15 0.00 0.00 1.00 100.00 0.36 0.00 5.65 12.05 1.26 0.30 0.98 97.92 0.38 1.75 Monthly Es�mated Fund­Level Net Flow Time Period: 1/1/2015 to 12/31/2019 2015 2017 2019 ­200M ­100M 0M 100M 200M DFA Large Cap Interna�onal I US Fund Foreign Large Blend Es�mated Fund­ L e v e l N e t F l o w Monthly Return Source: Morningstar Direct, as of December 31, 2019 Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. 32 Dodge & Cox Interna�onal Stock DODFX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Foreign Large Value ÙÙÙ 5/1/2001 0.63 50,227.95 9/30/2019 Mul�ple Asset Alloca�on % Cash 2.0 US Equity 9.4 Non­US Equity 88.6 Total 100.0 Holdings­Based Style Map Micro Small Mid Large Giant Deep­Val Core­Val Core Core­Grth High­Grth Dodge & Cox Interna�onal Stock 9/30/2019 MSCI EAFE NR USD 12/31/2019 US Fund Foreign Large Value 12/31/2019 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le Dodge & Cox Interna�onal Stock MSCI ACWI Ex USA Value NR USD US Fund Foreign Large Value 22.78 22.78 7.67 3.68 5.76 15.71 15.71 6.88 3.65 3.64 18.03 18.03 6.92 4.03 4.19 1 1 1 2 1 3 3 2 3 3 2 2 2 2 2 Rolling Returns Time Period: 1/1/2015 to 12/31/2019 Peer Group (5­95%): Funds ­ U.S. ­ Foreign Large Value Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: MSCI EAFE NR USD 01 02 03 04 05 06 07 08 09 10 11 12 2019 01 02 03 04 05 06 07 08 09 10 11 12 2.0 4.0 6.0 8.0 10.0 Dodge & Cox Interna�onal Stock MSCI EAFE NR USDReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Funds ­ U.S. ­ Foreign Large Value 0.0 5.0 10.0 15.0 20.0 YTD 1 year 3 years 5 years 10 years 25.0 Dodge & Cox Interna�onal Stock MSCI EAFE NR USD US Fund Foreign Large Value ReturnReturns As of Date: 12/31/2019 Calcula�on Benchmark: MSCI ACWI Ex USA Value NR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years 0.0 2.5 5.0 7.5 10.0 12.5 15.0 17.5 20.0 22.5 25.0 10.6 22.8 22.8 7.7 3.7 5.8 8.2 15.7 15.7 6.9 3.6 3.6 8.4 18.0 18.0 6.9 4.0 4.2 Dodge & Cox Interna�onal Stock MSCI ACWI Ex USA Value NR USD US Fund Foreign Large Value ReturnRisk­Reward Time Period: 1/1/2015 to 12/31/2019 Peer Group (5­95%): Funds ­ U.S. ­ Foreign Large Value Calcula�on Benchmark: MSCI ACWI Ex USA Value NR USD Std Dev 0.0 3.0 6.0 9.0 12.0 15.0 18.0 ­1.0 1.0 3.0 5.0 7.0 9.0 ReturnDodge & Cox Interna�onal Stock ­ Risk Time Period: 1/1/2015 to 12/31/2019 Calcula�on Benchmark: MSCI EAFE NR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 5.67 12.23 0.00 0.00 1.00 100.00 0.37 0.00 3.68 14.96 3.94 ­2.32 1.15 88.50 0.17 5.40 Monthly Es�mated Fund­Level Net Flow Time Period: 1/1/2015 to 12/31/2019 2015 2017 2019 ­2,000M ­1,000M 0M 1,000M 2,000M Dodge & Cox Interna�onal Stock US Fund Foreign Large Value Es�mated Fund­ L e v e l N e t F l o w Monthly Return Source: Morningstar Direct, as of December 31, 2019 Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. 33 MFS Interna�onal Growth R6 MGRDX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Foreign Large Growth ÙÙÙÙ 5/1/2006 0.77 11,338.58 11/30/2019 Mul�ple Asset Alloca�on % Cash 1.6 US Equity 5.6 Non­US Equity 92.8 Other 0.0 Total 100.0 Holdings­Based Style Map Micro Small Mid Large Giant Deep­Val Core­Val Core Core­Grth High­Grth MFS Interna�onal Growth R6 11/30/2019 MSCI ACWI Ex USA Growth NR USD 12/31/2019 US Fund Foreign Large Growth 12/31/2019 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le MFS Interna�onal Growth R6 MSCI ACWI Ex USA Growth NR USD US Fund Foreign Large Growth 27.34 27.34 12.89 7.30 6.24 27.94 27.94 12.96 27.31 27.31 7.26 15.47 6.60 9.70 7.793311 1 3 3 2 2 3 2 2 2 2 3 Rolling Returns Time Period: 1/1/2015 to 12/31/2019 Peer Group (5­95%): Funds ­ U.S. ­ Foreign Large Growth Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: MSCI ACWI Ex USA Growth NR USD 01 02 03 04 05 06 07 08 09 10 11 12 2019 01 02 03 04 05 06 07 08 09 10 11 12 0.0 5.0 10.0 15.0 20.0 MFS Interna�onal Growth R6 MSCI ACWI Ex USA Growth NR USDReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Funds ­ U.S. ­ Foreign Large Growth 0.0 5.0 10.0 15.0 20.0 YTD 1 year 3 years 5 years 10 years 25.0 30.0 35.0 40.0 MFS Interna�onal Growth R6 MSCI ACWI Ex USA Growth NR USD US Fund Foreign Large Growth ReturnReturns As of Date: 12/31/2019 Calcula�on Benchmark: MSCI ACWI Ex USA Growth NR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years 0.0 5.0 10.0 15.0 20.0 25.0 30.0 9.0 27.3 27.3 15.5 9.7 7.89.6 27.3 27.3 12.9 7.3 6.2 9.4 27.9 27.9 13.0 7.3 6.6 MFS Interna�onal Growth R6 MSCI ACWI Ex USA Growth NR USD US Fund Foreign Large Growth ReturnRisk­Reward Time Period: 1/1/2015 to 12/31/2019 Peer Group (5­95%): Funds ­ U.S. ­ Foreign Large Growth Calcula�on Benchmark: MSCI ACWI Ex USA Growth NR USD Std Dev 0.0 3.0 6.0 9.0 12.0 15.0 18.0 0.0 2.0 4.0 6.0 8.0 10.0 12.0 ReturnMFS Interna�onal Growth R6 ­ Risk Time Period: 1/1/2015 to 12/31/2019 Calcula�on Benchmark: MSCI ACWI Ex USA Growth NR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 7.30 12.37 0.00 0.00 1.00 100.00 0.50 0.00 9.70 11.65 1.71 2.71 0.92 94.52 0.74 2.92 Monthly Es�mated Fund­Level Net Flow Time Period: 1/1/2015 to 12/31/2019 2015 2017 2019 ­400M ­200M 0M 200M 400M MFS Interna�onal Growth R6 US Fund Foreign Large Growth Es�mated Fund­ L e v e l N e t F l o w Monthly Return Source: Morningstar Direct, as of December 31, 2019 Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. 34 Har�ord Schroders Emerging Mkts Eq F HHHFX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Diversified Emerging Mkts 2/28/2017 1.10 4,116.51 11/30/2019 Mul�ple Asset Alloca�on % Cash 2.1 Non­US Equity 97.9 Total 100.0 Holdings­Based Style Map Micro Small Mid Large Giant Deep­Val Core­Val Core Core­Grth High­Grth Har�ord Schroders Emerging Mkts Eq F 11/30/2019 MSCI EM NR USD 12/31/2019 US Fund Diversified Emerging Mkts 12/31/2019 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le Har�ord Schroders Emerging Mkts Eq F MSCI EM NR USD US Fund Diversified Emerging Mkts 22.32 22.32 18.42 18.42 11.57 5.61 3.68 19.07 19.07 10.38 4.63 3.13 2 2 3 3 2 2 2 3 3 3 3 3 Rolling Returns Time Period: 1/1/2015 to 12/31/2019 Peer Group (5­95%): Funds ­ U.S. ­ Diversified Emerging Mkts Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: MSCI EM NR USD 01 02 03 04 05 06 07 08 09 10 11 12 2019 01 02 03 04 05 06 07 08 09 10 11 12 2.5 5.0 7.5 10.0 12.5 Har�ord Schroders Emerging Mkts Eq F MSCI EM NR USD US Fund Diversified Emerging MktsReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Funds ­ U.S. ­ Diversified Emerging Mkts 0.0 5.0 10.0 15.0 20.0 YTD 1 year 3 years 5 years 10 years 25.0 30.0 35.0 Har�ord Schroders Emerging Mkts Eq F MSCI EM NR USD US Fund Diversified Emerging Mkts ReturnReturns As of Date: 12/31/2019 Calcula�on Benchmark: MSCI EM NR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years 0.0 2.5 5.0 7.5 10.0 12.5 15.0 17.5 20.0 22.5 25.0 11.3 22.3 22.3 11.8 18.4 18.4 11.6 5.6 3.7 10.3 19.1 19.1 10.4 4.6 3.1 Har�ord Schroders Emerging Mkts Eq F MSCI EM NR USD US Fund Diversified Emerging Mkts ReturnRisk­Reward Time Period: 1/1/2015 to 12/31/2019 Peer Group (5­95%): Funds ­ U.S. ­ Diversified Emerging Mkts Calcula�on Benchmark: MSCI EM NR USD Std Dev 0.0 3.0 6.0 9.0 12.0 15.0 18.0 21.0 0.0 2.0 4.0 6.0 8.0 10.0 ReturnHar�ord Schroders Emerging Mkts Eq F ­ Risk Time Period: 1/1/2015 to 12/31/2019 Calcula�on Benchmark: MSCI EM NR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 5.61 15.79 0.00 0.00 1.00 100.00 0.29 0.00 Monthly Es�mated Fund­Level Net Flow Time Period: 2/1/2017 to 12/31/2019 2017 2018 2019 ­100M 0M 100M 200M Har�ord Schroders Emerging Mkts Eq F US Fund Diversified Emerging Mkts Es�mated Fund­ L e v e l N e t F l o w Monthly Return Source: Morningstar Direct, as of December 31, 2019 Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. 35 American Funds New Perspec�ve R6 RNPGX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund World Large Stock ÙÙÙÙÙ 5/1/2009 0.42 100,504.52 12/31/2019 Mul�ple Asset Alloca�on % Cash 4.2 US Equity 52.5 Non­US Equity 43.2 US Bond 0.0 Total 100.0 Holdings­Based Style Map Micro Small Mid Large Giant Deep­Val Core­Val Core Core­Grth High­Grth American Funds New Perspec�ve R6 12/31/2019 MSCI ACWI NR USD 12/31/2019 US Fund World Large Stock 12/31/2019 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le American Funds New Perspec�ve R6 MSCI ACWI NR USD US Fund World Large Stock 30.48 30.48 16.79 11.45 11.15 25.36 25.36 11.96 7.87 8.47 26.60 26.60 12.44 8.41 8.79 1 1 1 1 1 2 2 2 2 3 3 3 2 3 3 Rolling Returns Time Period: 1/1/2015 to 12/31/2019 Peer Group (5­95%): Funds ­ U.S. ­ World Large Stock Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: MSCI ACWI NR USD 01 02 03 04 05 06 07 08 09 10 11 12 2019 01 02 03 04 05 06 07 08 09 10 11 12 5.0 10.0 15.0 20.0 American Funds New Perspec�ve R6 MSCI ACWI NR USD US Fund World Large StockReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Funds ­ U.S. ­ World Large Stock 0.0 5.0 10.0 15.0 20.0 YTD 1 year 3 years 5 years 10 years 25.0 30.0 35.0 40.0 American Funds New Perspec�ve R6 MSCI ACWI NR USD US Fund World Large Stock ReturnReturns As of Date: 12/31/2019 Calcula�on Benchmark: MSCI ACWI NR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years 0.0 5.0 10.0 15.0 20.0 25.0 30.0 35.0 10.1 30.5 30.5 16.8 11.5 11.29.0 26.6 26.6 12.4 8.4 8.88.2 25.4 25.4 12.0 7.9 8.5 American Funds New Perspec�ve R6 MSCI ACWI NR USD US Fund World Large Stock ReturnRisk­Reward Time Period: 1/1/2015 to 12/31/2019 Peer Group (5­95%): Funds ­ U.S. ­ World Large Stock Calcula�on Benchmark: MSCI ACWI NR USD Std Dev 0.0 3.0 6.0 9.0 12.0 15.0 18.0 0.0 3.0 6.0 9.0 12.0 15.0 ReturnAmerican Funds New Perspec�ve R6 ­ Risk Time Period: 1/1/2015 to 12/31/2019 Calcula�on Benchmark: MSCI ACWI NR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 8.41 11.78 0.00 0.00 1.00 100.00 0.62 0.00 11.45 11.95 1.77 2.95 0.98 93.75 0.87 3.00 Monthly Es�mated Fund­Level Net Flow Time Period: 1/1/2015 to 12/31/2019 2015 2017 2019 ­1,000M ­500M 0M 500M American Funds New Perspec�ve R6 US Fund World Large Stock Es�mated Fund­ L e v e l N e t F l o w Monthly Return Source: Morningstar Direct, as of December 31, 2019 Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. 36 MFS Global Equity R6 MWEMX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund World Large Stock ÙÙÙÙ 6/1/2012 0.81 3,180.06 11/30/2019 Mul�ple Asset Alloca�on % Cash 1.2 US Equity 54.3 Non­US Equity 44.4 Total 100.0 Holdings­Based Style Map Micro Small Mid Large Giant Deep­Val Core­Val Core Core­Grth High­Grth MFS Global Equity R6 11/30/2019 MSCI World NR USD 12/31/2019 US Fund World Large Stock 12/31/2019 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le MFS Global Equity R6 MSCI ACWI NR USD US Fund World Large Stock 30.66 30.66 13.61 9.22 26.60 26.60 12.44 8.41 8.79 25.36 25.36 11.96 7.87 8.47 1 1 2 2 2 2 2 2 3 3 3 2 3 3 Rolling Returns Time Period: 1/1/2015 to 12/31/2019 Peer Group (5­95%): Funds ­ U.S. ­ World Large Stock Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: MSCI World NR USD 01 02 03 04 05 06 07 08 09 10 11 12 2019 01 02 03 04 05 06 07 08 09 10 11 12 6.0 8.0 10.0 12.0 14.0 MFS Global Equity R6 MSCI World NR USDReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Funds ­ U.S. ­ World Large Stock 0.0 5.0 10.0 15.0 20.0 YTD 1 year 3 years 5 years 10 years 25.0 30.0 35.0 40.0 MFS Global Equity R6 MSCI World NR USD US Fund World Large Stock ReturnReturns As of Date: 12/31/2019 Calcula�on Benchmark: MSCI ACWI NR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years 0.0 5.0 10.0 15.0 20.0 25.0 30.0 35.0 7.4 30.7 30.7 13.6 9.29.0 26.6 26.6 12.4 8.4 8.88.2 25.4 25.4 12.0 7.9 8.5 MFS Global Equity R6 MSCI ACWI NR USD US Fund World Large Stock ReturnRisk­Reward Time Period: 1/1/2015 to 12/31/2019 Peer Group (5­95%): Funds ­ U.S. ­ World Large Stock Calcula�on Benchmark: MSCI ACWI NR USD Std Dev 0.0 3.0 6.0 9.0 12.0 15.0 18.0 0.0 3.0 6.0 9.0 12.0 15.0 ReturnMFS Global Equity R6 ­ Risk Time Period: 1/1/2015 to 12/31/2019 Calcula�on Benchmark: MSCI World NR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 8.74 11.68 0.00 0.00 1.00 100.00 0.65 0.00 9.22 11.60 1.72 0.71 0.97 94.72 0.70 2.69 Monthly Es�mated Fund­Level Net Flow Time Period: 1/1/2015 to 12/31/2019 2015 2017 2019 ­200M ­100M 0M 100M 200M MFS Global Equity R6 US Fund World Large Stock Es�mated Fund­ L e v e l N e t F l o w Monthly Return Source: Morningstar Direct, as of December 31, 2019 Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. 37 PIMCO Total Return Instl PTTRX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Intermediate Core­Plus Bond ÙÙÙ 5/11/1987 0.71 67,096.16 9/30/2019 Mul�ple PIMCO Total Return Instl ­ Fixed­Inc Sectors (Morningstar) Por�olio Date: 9/30/2019 % Government 7.6 Government Related 29.3 Conver�ble 1.1 Corporate Bond 13.9 Agency Mortgage­Backed 21.4 Non­Agency Residen�al Mortgage­Backed 2.1 Asset­Backed 4.3 Cash & Equivalents 10.0 Swap 1.9 Forward/Future 7.1 Other 1.4 Total 100.0 Morningstar Style Box ­ PIMCO Total Return Instl Por�olio Date: 9/30/2019 Morningstar Fixed Income Style Box™ Not Available Fixed­Income Stats Average Eff Dura�on 5.6 Average Eff Maturity 7.7 Average Coupon 4.1 Average Price 112.1 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le PIMCO Total Return Instl BBgBarc US Agg Bond TR USD US Fund Intermediate Core­Plus Bond 8.72 8.72 8.26 8.26 4.03 4.31 3.05 3.25 3.75 4.19 8.87 8.87 4.11 3.14 4.25 3 3 2 2 2 3 3 3 3 4 3 3 2 3 2 Rolling Returns Time Period: 1/1/2015 to 12/31/2019 Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: BBgBarc US Agg Bond TR USD 01 02 03 04 05 06 07 08 09 10 11 12 2019 01 02 03 04 05 06 07 08 09 10 11 12 1.0 2.0 3.0 4.0 5.0 PIMCO Total Return Instl BBgBarc US Agg Bond TR USD US Fund Intermediate Core­Plus BondReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Funds ­ U.S. ­ Intermediate Core­Plus Bond Calcula�on Benchmark: BBgBarc US Agg Bond TR USD 2.0 4.0 6.0 8.0 10.0 YTD 1 year 3 years 5 years 10 years 12.0 PIMCO Total Return Instl BBgBarc US Agg Bond TR USD US Fund Intermediate Core­Plus Bond ReturnReturns As of Date: 12/31/2019 Calcula�on Benchmark: BBgBarc US Agg Bond TR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years ­2.0 0.0 2.0 4.0 6.0 8.0 10.0 ­0.3 8.3 8.3 4.3 3.2 4.2 0.2 8.7 8.7 4.0 3.0 3.7 0.4 8.9 8.9 4.1 3.1 4.3 PIMCO Total Return Instl BBgBarc US Agg Bond TR USD US Fund Intermediate Core­Plus Bond ReturnRisk­Reward Time Period: 1/1/2015 to 12/31/2019 Std Dev 0.0 1.0 2.0 3.0 4.0 5.0 0.0 1.0 2.0 3.0 4.0 5.0 ReturnPIMCO Total Return Instl ­ Risk Time Period: 1/1/2015 to 12/31/2019 Calcula�on Benchmark: BBgBarc US Agg Bond TR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Informa�on Ra�o (geo) Tracking Error 3.25 3.13 1.03 0.33 0.93 81.96 0.14 1.34 3.05 3.06 0.00 0.00 1.00 100.00 0.00 Monthly Es�mated Fund­Level Net Flow Time Period: 1/1/2015 to 12/31/2019 2015 2017 2019 ­15,000M ­10,000M ­5,000M 0M 5,000M PIMCO Total Return Instl Source: Morningstar Direct, as of December 31, 2019. Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. 38 PGIM Total Return Bond R6 PTRQX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Intermediate Core­Plus Bond ÙÙÙÙÙ 12/27/2010 0.39 53,149.40 11/30/2019 Mul�ple PGIM Total Return Bond R6 ­ Fixed­Inc Sectors (Morningsta Por�olio Date: 11/30/2019 % Government 11.4 Government Related 4.0 Bank Loan 1.3 Conver�ble 1.3 Corporate Bond 23.9 Agency Mortgage­Backed 2.2 Commercial Mortgage­Backed 10.1 Asset­Backed 18.8 Cash & Equivalents 4.0 Forward/Future 21.2 Other 1.8 Total 100.0 Morningstar Style Box ­ PGIM Total Return Bond R6 Por�olio Date: 11/30/2019 Morningstar Fixed Income Style Box™Low Med High Ltd Mod Ext Fixed­Income Stats Average Eff Dura�on 6.4 Average Eff Maturity ­ Average Coupon 3.9 Average Price 105.5 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le PGIM Total Return Bond R6 BBgBarc US Agg Bond TR USD US Fund Intermediate Core­Plus Bond 11.13 11.13 5.62 8.72 8.72 4.33 4.03 3.05 3.75 8.87 8.87 4.11 3.14 4.25 1 1 1 1 3 3 3 3 4 3 3 2 3 2 Rolling Returns Time Period: 1/1/2015 to 12/31/2019 Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: BBgBarc US Agg Bond TR USD 01 02 03 04 05 06 07 08 09 10 11 12 2019 01 02 03 04 05 06 07 08 09 10 11 12 0.0 2.0 4.0 6.0 PGIM Total Return Bond R6 BBgBarc US Agg Bond TR USD US Fund Intermediate Core­Plus BondReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Funds ­ U.S. ­ Intermediate Core­Plus Bond Calcula�on Benchmark: BBgBarc US Agg Bond TR USD 2.0 4.0 6.0 8.0 10.0 YTD 1 year 3 years 5 years 10 years 12.0 PGIM Total Return Bond R6 BBgBarc US Agg Bond TR USD US Fund Intermediate Core­Plus Bond ReturnReturns As of Date: 12/31/2019 Calcula�on Benchmark: BBgBarc US Agg Bond TR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years 0.0 2.0 4.0 6.0 8.0 10.0 12.0 0.4 11.1 11.1 5.6 4.3 0.2 8.7 8.7 4.0 3.0 3.7 0.4 8.9 8.9 4.1 3.1 4.3 PGIM Total Return Bond R6 BBgBarc US Agg Bond TR USD US Fund Intermediate Core­Plus Bond ReturnRisk­Reward Time Period: 1/1/2015 to 12/31/2019 Std Dev 0.0 1.0 2.0 3.0 4.0 5.0 0.0 1.0 2.0 3.0 4.0 5.0 6.0 ReturnPGIM Total Return Bond R6 ­ Risk Time Period: 1/1/2015 to 12/31/2019 Calcula�on Benchmark: BBgBarc US Agg Bond TR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Informa�on Ra�o (geo) Tracking Error 4.33 3.05 3.063.42 0.000.54 0.00 1.00 100.00 1.11 0.00 1.07 91.81 1.25 1.00 Monthly Es�mated Fund­Level Net Flow Time Period: 1/1/2015 to 12/31/2019 2015 2017 2019 ­1,000M 0M 1,000M 2,000M 3,000M PGIM Total Return Bond R6 Source: Morningstar Direct, as of December 31, 2019. Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. 39 AQR Equity Market Neutral R6 QMNRX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Market Neutral ÙÙ 10/7/2014 1.97 260.75 9/30/2019 Mul�ple Correla�on Matrix Time Period: 11/1/2014 to 12/31/2019 1 2 3 1.00 0.13 1.00 ­0.13 ­0.16 1.00 1 AQR Equity Market Neutral R6 2 BBgBarc US Agg Bond TR USD 3 S&P 500 TR (1989) 1.00 to 0.80 0.80 to 0.60 0.60 to 0.40 0.40 to 0.20 0.20 to 0.00 0.00 to ­0.20 ­0.20 to ­0.40 ­0.40 to ­0.60 ­0.60 to ­0.80 ­0.80 to ­1.00 Return Distribu�on - AQR Equity Market Neutral R6 Time Period: Since Incep�on to 12/31/2019 ­6.0 ­5.0 ­4.0 ­3.0 ­2.0 ­1.0 0.0 1.0 2.0 3.0 4.0 5.0 6.0 0.0 4.0 8.0 12.0 16.0 20.0 24.0 28.0 32.0 36.0 AQR Equity Market Neutral R6 US Fund Market NeutralNumber of PeriodsYTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le AQR Equity Market Neutral R6 US Fund Market Neutral ­11.17 ­11.17 ­5.98 0.70 0.45 0.45 0.70 0.78 0.51 4 4 4 3 2 2 3 2 3 Drawdown Time Period: 1/1/2015 to 12/31/2019 2015 2016 2017 2018 2019 ­25.0 ­20.0 ­15.0 ­10.0 ­5.0 0.0 AQR Equity Market Neutral R6 US Fund Market Neutral Performance Rela�ve to Peer Group Peer Group (5­95%): Funds ­ U.S. ­ Market Neutral ­15.0 ­10.0 ­5.0 0.0 5.0 YTD 1 year 3 years 5 years 10 years 10.0 AQR Equity Market Neutral R6 US Fund Market Neutral ReturnReturns As of Date: 12/31/2019 Calcula�on Benchmark: US Fund Market Neutral Quarter YTD 1 Year 3 Years 5 Years 10 Years ­14.0 ­12.0 ­10.0 ­8.0 ­6.0 ­4.0 ­2.0 0.0 2.0 ­2.7 ­11.2 ­11.2 ­6.0 0.70.1 0.4 0.4 0.7 0.8 0.5 AQR Equity Market Neutral R6 US Fund Market Neutral ReturnRisk-Reward Time Period: 1/1/2017 to 12/31/2019 Std Dev 0.0 2.0 4.0 6.0 8.0 10.0 ­8.0 ­5.0 ­2.0 1.0 4.0 7.0 10.0 AQR Equity Market Neutral R6 US Fund Market NeutralReturn AQR Equity Market Neutral R6 - Risk Time Period: Since Incep�on to 12/31/2019 Calcula�on Benchmark: US Fund Market Neutral Inv Bmk1 +/­ Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 0.82 1.28 0.00 0.00 1.00 100.00 ­0.20 0.00 1.57 6.54 4.01 1.21 2.06 16.79 0.08 6.24 0.76 5.26 4.01 1.21 1.06 ­83.21 0.27 6.24 Monthly Es�mated Fund-Level Net Flow Time Period: 1/1/2015 to 12/31/2019 2015 2017 2019 ­200M 0M 200M 400M AQR Equity Market Neutral R6 Es�mated Fund­ L e v e l Monthly Return Source: Morningstar Direct, as of December 31, 2019. Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. 40 BlackRock Strategic Income Opps K BSIKX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Nontradi�onal Bond ÙÙÙÙ 3/28/2016 0.74 34,190.37 10/31/2019 Mul�ple Correla�on Matrix Time Period: 4/1/2016 to 12/31/2019 1 2 3 1.00 0.25 1.00 0.57 ­0.15 1.00 1 BlackRock Strategic Income Opps K 2 BBgBarc US Agg Bond TR USD 3 S&P 500 TR (1989) 1.00 to 0.80 0.80 to 0.60 0.60 to 0.40 0.40 to 0.20 0.20 to 0.00 0.00 to ­0.20 ­0.20 to ­0.40 ­0.40 to ­0.60 ­0.60 to ­0.80 ­0.80 to ­1.00 Return Distribu�on - BlackRock Strategic Income Opps K Time Period: Since Incep�on to 12/31/2019 ­2.0 ­1.0 0.0 1.0 2.0 0.0 4.0 8.0 12.0 16.0 20.0 24.0 28.0 32.0 BlackRock Strategic Income Opps K US Fund Nontradi�onal BondNumber of PeriodsYTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le BlackRock Strategic Income Opps K US Fund Nontradi�onal Bond 6.72 6.72 3.23 2.54 2.55 7.82 7.82 4.0522 2 2 2 3 3 3 Drawdown Time Period: 1/1/2015 to 12/31/2019 2015 2016 2017 2018 2019 ­4.5 ­3.8 ­3.0 ­2.3 ­1.5 ­0.8 0.0 BlackRock Strategic Income Opps K US Fund Nontradi�onal Bond Performance Rela�ve to Peer Group Peer Group (5­95%): Funds ­ U.S. ­ Nontradi�onal Bond ­2.0 0.0 2.0 4.0 6.0 YTD 1 year 3 years 5 years 10 years 8.0 10.0 12.0 14.0 16.0 BlackRock Strategic Income Opps K US Fund Nontradi�onal Bond ReturnReturns As of Date: 12/31/2019 Calcula�on Benchmark: US Fund Nontradi�onal Bond Quarter YTD 1 Year 3 Years 5 Years 10 Years 0.0 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 1.6 7.8 7.8 4.0 1.7 6.7 6.7 3.2 2.5 2.6 BlackRock Strategic Income Opps K US Fund Nontradi�onal Bond ReturnRisk-Reward Time Period: 1/1/2017 to 12/31/2019 Std Dev 0.0 2.0 4.0 6.0 8.0 ­1.0 1.0 3.0 5.0 7.0 9.0 BlackRock Strategic Income Opps K US Fund Nontradi�onal BondReturn BlackRock Strategic Income Opps K - Risk Time Period: Since Incep�on to 12/31/2019 Calcula�on Benchmark: US Fund Nontradi�onal Bond Inv Bmk1 +/­ Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 3.82 1.83 0.00 0.00 1.00 100.00 1.30 0.00 4.37 1.67 0.68 1.19 0.72 62.74 1.75 1.17 0.55 ­0.15 0.68 1.19 ­0.28 ­37.26 0.45 1.17 Monthly Es�mated Fund-Level Net Flow Time Period: 3/1/2016 to 12/31/2019 2016 2017 2018 2019 ­1,500M ­750M 0M 750M 1,500M BlackRock Strategic Income Opps K Es�mated Fund­ L e v e l Monthly Return Source: Morningstar Direct, as of December 31, 2019. Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. 41 Eaton Vance Glb Macr Absolt Retrn R6 EGMSX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Nontradi�onal Bond 5/31/2017 0.72 3,538.54 10/31/2019 Mul�ple Correla�on Matrix Time Period: 6/1/2017 to 12/31/2019 1 2 3 1.00 ­0.03 1.00 0.39 ­0.17 1.00 1 Eaton Vance Glb Macr Absolt Retrn R6 2 BBgBarc US Agg Bond TR USD 3 S&P 500 TR (1989) 1.00 to 0.80 0.80 to 0.60 0.60 to 0.40 0.40 to 0.20 0.20 to 0.00 0.00 to ­0.20 ­0.20 to ­0.40 ­0.40 to ­0.60 ­0.60 to ­0.80 ­0.80 to ­1.00 Return Distribu�on - Eaton Vance Glb Macr Absolt Retrn R6 Time Period: Since Incep�on to 12/31/2019 ­2.0 ­1.0 0.0 1.0 2.0 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 16.0 18.0 20.0 Eaton Vance Glb Macr Absolt Retrn R6 US Fund Nontradi�onal BondNumber of PeriodsYTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le Eaton Vance Glb Macr Absolt Retrn R6 US Fund Nontradi�onal Bond 6.72 6.72 3.23 2.54 2.55 9.82 9.821 1 2 2 3 3 3 Drawdown Time Period: 1/1/2015 to 12/31/2019 2015 2016 2017 2018 2019 ­4.5 ­3.8 ­3.0 ­2.3 ­1.5 ­0.8 0.0 Eaton Vance Glb Macr Absolt Retrn R6 US Fund Nontradi�onal Bond Performance Rela�ve to Peer Group Peer Group (5­95%): Funds ­ U.S. ­ Nontradi�onal Bond ­2.0 0.0 2.0 4.0 6.0 YTD 1 year 3 years 5 years 10 years 8.0 10.0 12.0 14.0 16.0 Eaton Vance Glb Macr Absolt Retrn R6 US Fund Nontradi�onal Bond ReturnReturns As of Date: 12/31/2019 Calcula�on Benchmark: US Fund Nontradi�onal Bond Quarter YTD 1 Year 3 Years 5 Years 10 Years 0.0 2.0 4.0 6.0 8.0 10.0 12.0 3.1 9.8 9.8 1.7 6.7 6.7 3.2 2.5 2.6 Eaton Vance Glb Macr Absolt Retrn R6 US Fund Nontradi�onal Bond ReturnRisk-Reward Time Period: 1/1/2017 to 12/31/2019 Std Dev 0.0 2.0 4.0 6.0 8.0 ­1.0 1.0 3.0 5.0 7.0 9.0 Eaton Vance Glb Macr Absolt Retrn R6 US Fund Nontradi�onal BondReturn Eaton Vance Glb Macr Absolt Retrn R6 - Risk Time Period: Since Incep�on to 12/31/2019 Calcula�on Benchmark: US Fund Nontradi�onal Bond Inv Bmk1 +/­ Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 2.77 1.89 0.00 0.00 1.00 100.00 0.48 0.00 3.15 2.51 1.14 0.47 0.90 45.73 0.51 1.86 0.37 0.62 1.14 0.47 ­0.10 ­54.27 0.03 1.86 Monthly Es�mated Fund-Level Net Flow Time Period: 5/1/2017 to 12/31/2019 2017 2018 2019 ­1,500M ­1,000M ­500M 0M 500M Eaton Vance Glb Macr Absolt Retrn R6 Es�mated Fund­ L e v e l Monthly Return Source: Morningstar Direct, as of December 31, 2019. Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. 42 Western Asset Macro Opportuni�es IS LAOSX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Nontradi�onal Bond ÙÙÙÙÙ 8/30/2013 1.21 1,702.11 11/30/2019 Mul�ple Correla�on Matrix Time Period: 9/1/2013 to 12/31/2019 1 2 3 1.00 0.23 1.00 0.40 ­0.12 1.00 1 Western Asset Macro Opportuni�es IS 2 BBgBarc US Agg Bond TR USD 3 S&P 500 TR (1989) 1.00 to 0.80 0.80 to 0.60 0.60 to 0.40 0.40 to 0.20 0.20 to 0.00 0.00 to ­0.20 ­0.20 to ­0.40 ­0.40 to ­0.60 ­0.60 to ­0.80 ­0.80 to ­1.00 Return Distribu�on - Western Asset Macro Opportuni�es IS Time Period: Since Incep�on to 12/31/2019 ­6.0 ­5.0 ­4.0 ­3.0 ­2.0 ­1.0 0.0 1.0 2.0 3.0 4.0 5.0 6.0 0.0 5.0 10.0 15.0 20.0 25.0 30.0 35.0 40.0 45.0 Western Asset Macro Opportuni�es IS US Fund Nontradi�onal BondNumber of PeriodsYTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le Western Asset Macro Opportuni�es IS US Fund Nontradi�onal Bond 16.80 16.80 6.72 6.72 8.37 3.23 6.62 2.54 2.55 1 1 1 1 2 2 3 3 3 Drawdown Time Period: 1/1/2015 to 12/31/2019 2015 2016 2017 2018 2019 ­10.0 ­8.0 ­6.0 ­4.0 ­2.0 0.0 Western Asset Macro Opportuni�es IS US Fund Nontradi�onal Bond Performance Rela�ve to Peer Group Peer Group (5­95%): Funds ­ U.S. ­ Nontradi�onal Bond ­2.5 0.0 2.5 5.0 7.5 YTD 1 year 3 years 5 years 10 years 10.0 12.5 15.0 17.5 Western Asset Macro Opportuni�es IS US Fund Nontradi�onal Bond ReturnReturns As of Date: 12/31/2019 Calcula�on Benchmark: US Fund Nontradi�onal Bond Quarter YTD 1 Year 3 Years 5 Years 10 Years 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 16.0 18.0 6.0 16.8 16.8 8.4 6.6 1.7 6.7 6.7 3.2 2.5 2.6 Western Asset Macro Opportuni�es IS US Fund Nontradi�onal Bond ReturnRisk-Reward Time Period: 1/1/2017 to 12/31/2019 Std Dev 0.0 2.0 4.0 6.0 8.0 ­2.0 0.0 2.0 4.0 6.0 8.0 10.0 12.0 Western Asset Macro Opportuni�es IS US Fund Nontradi�onal BondReturn Western Asset Macro Opportuni�es IS - Risk Time Period: Since Incep�on to 12/31/2019 Calcula�on Benchmark: US Fund Nontradi�onal Bond Inv Bmk1 +/­ Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 2.37 2.01 0.00 0.00 1.00 100.00 0.74 0.00 7.42 6.20 2.66 3.15 2.24 52.42 1.05 4.96 5.05 4.19 2.66 3.15 1.24 ­47.58 0.31 4.96 Monthly Es�mated Fund-Level Net Flow Time Period: 1/1/2015 to 12/31/2019 2015 2017 2019 ­100M 0M 100M 200M Western Asset Macro Opportuni�es IS Es�mated Fund­ L e v e l Monthly Return Source: Morningstar Direct, as of December 31, 2019. Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. 43 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Officer acting as the Medical Health Operational Area Coordinator (MHOAC), or designee, to execute the California Statewide Memorandum of Understanding (MOU) #28-910 for Emergency Medical and Health Disaster Response Mutual Aid and Mutual Assistance, through June 30, 2029. FISCAL IMPACT: There is no Net County Cost associated with signing this MOU. BACKGROUND: The Medical Mutual Aid/Assistance system for California strictly follows the California Department of Public Health’s statewide Public Health and Medical Emergency Operations Manual (EOM). Compliant with the State Emergency Management System (SEMS) and the Incident Command System (ICS), the EOM dictates the pathway for situational awareness and resource requests during a disaster, from the event to the county/operational area, region, and state. The County of Contra Costa (County) belongs to California Medical Mutual Aid Region II (Region II). In addition to the County, the Region II operational areas and local public health jurisdictions APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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 Farnitano, 925-408-1547 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: Marcy Wilhelm C. 61 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 25, 2020 Contra Costa County Subject:Memorandum of Understanding #28-910 for Emergency Medical and Health Disaster Response Mutual Aid and Mutual Assistance with Counties in California BACKGROUND: (CONT'D) are: City of Berkeley, the City and County of San Francisco, and the Counties of Alameda, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Mateo, San Benito, Santa Clara, Santa Cruz, Solano, and Sonoma. Contra Costa signed an agreement between the counties in Region II to formalize the medical and health mutual aid/assistance program. Since signing the Region II MOU Contra Costa has responded to disasters within Region II and to counties outside of the region to support the medical and health needs of Counties in need. It is anticipated that Contra Costa would request assistance from counties within Region II prior to seeking assistance from counties outside of the region. In the event of an earthquake where many, if not all, of the counties within the region could be impacted, assistance would be needed and requested from jurisdiction outside of the impacted counties. Unfortunately, in recent years disasters in California have overwhelmed local emergency medical and health response systems and have exhausted mutual aid/assistance from counties within the medical and health mutual aid/assistance regions. The medical and health mutual assistance program has recently seen extensive use supporting major incidents in California. The Oroville Dam incident, Santa Rosa/Napa Fires last fall, the Thomas Fire in Ventura and Santa Barbara Counties, the mudslides in Montecito, and the major fires in Redding and Mendocino County have all relied upon medical and health mutual assistance as a significant part of the response. Medical and health mutual assistance is becoming a routine aspect of disaster response in California. Operationally, the Medical Health Operational Area Coordination (MHOAC) program functions very well. However, there have been significant challenges when it comes to reimbursing providers who supply these resources. These disasters have required assistance from counties outside of the region throughout the state. This was especially evident with request for environmental health and mental health mutual assistance. Contra Costa County sent Medical and Health personnel including the Contra Costa Medical Reserve Corps and county Environmental Health inspectors to support health response activities in response to the Paradise Fire, which is outside of the Region II’s mutual aid/assistance region. Currently, there is no agreement between the counties and local health jurisdictions for sharing resources and/or financial responsibility for reimbursement outside of one’s assigned region. Further, the lack of pre-event agreements to share emergency medical and health resources between counties and local health beyond regional boundaries during a disaster prevents the impacted county from quickly qualifying and/or obtaining potential recovery costs from the State or the Federal Emergency Management Agency (FEMA). CONSEQUENCE OF NEGATIVE ACTION: This statewide MOU would allow impacted counties to request and unimpacted counties to share resources during a disaster, seek reimbursement, in accordance with state and federal disaster relief fund requirements. A statewide MOU would enable an expedited process to access needed resources outside of the existing regional medical and health mutual aid/assistance areas when necessary. Having an MOU in place between all counties in California for medical and health emergency and disaster response, clarifies the process and makes it easier for both the requesting and responding counties to meet the needs of the communities impacted by the events. An MOU provides for a clear process to receive funds and get reimbursement for services rendered during an emergency. RECOMMENDATION(S): Accept the Canvass of Votes for the February 11, 2020 Special Elections for Police Services Measures in the following County Service Areas: P-6, Zone 2902, Supervisorial District 5 - Unincorporated area of Lafayette passed P-6, Zone 2905, Supervisorial District 5 - Unincorporated area of Lafayette passed P-6, Zone 3113, Supervisorial District 1 - Unincorporated area of El Sobrante passed FISCAL IMPACT: None BACKGROUND: For the election results, see the attached Certificates of the County Clerk, providing results of the February 11, 2020 Special Election for County Service Areas: P-6 Zone 1007, Resolution No. 2019/644 P-6 Zone 2905, Resolution No. 2019/646 P-6 Zone 3113, Resolution No. 2019/648 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: Rosa Mena, 925.335.7806 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 62 To:Board of Supervisors From:Deborah R. Cooper, Clerk-Recorder Date:February 25, 2020 Contra Costa County Subject:ACCEPT CANVASS OF VOTES FOR POLICE SERVICE ELECTIONS IN CSA-P6 BACKGROUND: (CONT'D) Where each landowner of the affected area was allowed one vote for each acre or portion thereof. Each Resolution, so as to authorize a special tax on said properties, located in unincorporated areas in Lafayette and El Sobrante, to maintain present level of police protection services and provide additional funding for increased police protection services. CONSEQUENCE OF NEGATIVE ACTION: If the Board of Supervisors does not accept the Canvass of Votes, Zone 1007, Zone 2905 and Zone 3113 will not be formed. ATTACHMENTS 2-11-20 Election Results RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Memorandum of Understanding #74-537-3 with Contra Costa Family Justice Alliance (dba Family Justice Center), a non-financial agreement, to allow the Behavioral Health Services Division (BHSD) to provide older adult senior peer counseling services at the Family Justice Center, for the period from January 1, 2020 through December 31, 2020. FISCAL IMPACT: This is a non-financial agreement BACKGROUND: On January 22, 2019, the Board of Supervisors approved Memorandum of Understanding #74-537-2 for the implementation of the BHSD’s Older Adult Mental Health Program’s Senior Peer Counseling Program which trains and supervises older adult volunteers to work with seniors throughout Contra Costa County, for the period from January 1, 2019 through December 31, 2019. Approval of Memorandum of Understanding #74-537-3 will allow BHSD to continue to provide its peer counseling services through December 31, 2020. This agreement includes mutual indemnification to hold harmless both parties for any claims arising out of the performance of this Contract. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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, 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: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: E Suisala , M Wilhelm C. 63 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 25, 2020 Contra Costa County Subject:Memorandum of Understanding #74-537-3 with Contra Costa Family Justice Alliance CONSEQUENCE OF NEGATIVE ACTION: If this agreement is not approved, the seniors will not have access to these services at Family Justice Center sites in Concord and Richmond. RECOMMENDATION(S): APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay $6,097 to Cardionet, LLC, a limited liability company, for the provision of cardiac monitoring services at Contra Costa Regional Medical Center (CCRMC) and Contra Costa Health Centers during the month of October 2018. FISCAL IMPACT: This Contract is funded 100% by Hospital Enterprise Fund I. BACKGROUND: On October 23, 2017, the Board of Supervisors approved Contract #26-784-5 (as amended by Amendment Agreement #26-784-6) with Cardionet, LLC, for the provision of cardiac monitoring services at CCRMC and Contra Costa Health Centers for the period from November 1, 2017 through October 31, 2018. The Contractor provided services during the month of October 2018 and did not send an invoice in a timely manner and the contract expired before payment could be applied against it. The total services billed were $191,097.00 and the contract payment limit was $185,000 leaving an unpaid balance for services requested and provided outside of the contract payment limit of $6,097. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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, 925-370-5100 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: K Cyr, M Wilhelm C. 64 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 25, 2020 Contra Costa County Subject:Payment for Services Provided by Cardionet, LLC BACKGROUND: (CONT'D) Therefore, the County has determined that Cardionet, LLC is entitled to payment for the reasonable value of their services under the equitable relief theory of quantum meruit. That theory provides that where a person has been asked to provide services without a valid contract, and the provider does so to the benefit of the recipient, the provider is entitled to recover the reasonable value of those services. CONSEQUENCE OF NEGATIVE ACTION: If this request is not approved, Cardionet, LLC will not be paid for services provided at CCRMC outside of the contract payment limit rendered in good faith. ATTACHMENTS RECOMMENDATION(S): 1. ACKNOWLEDGE that the terms of office of the appointed Member 5, 6, and 9 seats and the Alternate to Members 4, 5, 6 & 9 seat held by Jerry Holcombe, Supervisor Candace Andersen, John Phillips, and Jay Kwon, respectively, on the Contra Costa County Employees' Retirement Association Board of Trustees (Retirement Board) will expire on June 30, 2020, and that there is a standing referral to the Board's Internal Operations Committee to recruit to fill, by Board of Supervisors appointment, any vacancies that occur in seats 4, 5, 6 and 9 of the Retirement Board, and their Alternate. 2. ACKNOWLEDGE that the Board of Supervisors, on January 7, 2020, reappointed Supervisor Candace Andersen to the Member 6 seat of the Retirement Board to a new three-year term that will expire on June 30, 2023. 2. ACKNOWLEDGE that the terms of office of the elected Member 3, 7, and 7 Safety Alternate seats on the Retirement Board held by Todd Smithey, William Pigeon, and Donald Finley, respectively, will also expire on June 30, 2020. 3. ADOPT Resolution No. 2020/63 calling and noticing election of Retirement Board Members No. 3 (general), 7 and 7 Alternate (safety members of the Association ) for three-year terms beginning on APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 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: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: County Adminstrator's Office, County Clerk-Elections Division, Retirement Board C. 65 To:Board of Supervisors From:David Twa, County Administrator Date:February 25, 2020 Contra Costa County Subject:Election of Retirement Board Member Numbers 3, 7, and 7 Alternate RECOMMENDATION(S): (CONT'D) July 1, 2020, as recommended by the Contra Costa County Employees’ Retirement Association Board. FISCAL IMPACT: None. BACKGROUND: The terms of office of the following members of the Contra Costa County Employees’ Retirement Association Board will expire on June 30, 2020 : Todd Smithey (General Member - Number 3), William Pigeon (Safety Member of the Association - Number 7), and Donals Finley (Safety Member of the Association - Number 7 Alternate). The general members of the Association may elect the Number 3 member and the safety members of the Association may elect the Number 7 and 7 Alternate members, as provided in the attached Resolution. Government Code Section 31520.1 (a) provides in part: "The second and third members of the board shall be members of the association, other than safety members, elected by those members within 30 days after the retirement system becomes operative in a manner determined by the board of supervisors," and “The seventh member shall be a safety member of the association elected by the safety members. The eighth member shall be a retired member elected by the retired members of the association in a manner to be determined by the board of supervisors. The alternate member shall be that candidate, if any, for the seventh member from the group under Section 31470.2 or 31470.4, or any other eligible safety member in a county if there is no eligible candidate from the groups under Sections 31470.2 and 31470.4, which is not represented by a board member who received the highest number of votes of all candidates in that group, and shall be referred to as the alternate seventh member. If there is no eligible candidate there may not be an alternate seventh member." Government Code section 31520.1 also provides in part: "(b)...The alternate seventh member provided for by this section shall vote as a member of the board only if the second, third, seventh, or eighth member is absent from a board meeting for any cause, or if there is a vacancy with respect to the second, third, seventh, or eighth member, the alternate seventh member shall fill the vacancy until a successor qualifies. The alternate seventh member shall sit on the board in place of the seventh member if a member of the same service is before the board for determination of his or her retirement. (c) The alternate seventh member shall be entitled to both of the following: (1) The alternate seventh member shall have the same rights, privileges, responsibilities, and access to closed sessions as the second, third, seventh, and eighth member. (2) The alternate seventh member may hold positions on committees of the board independent of the second, third, seventh, or eighth member and may participate in the deliberations of the board or any of its committees to which the alternate seventh member has been appointed whether or not the second, third, seventh, or eighth member is present." Nominations for the elected seats shall be on forms provided by the County Clerk starting on Monday, February 24, 2020 and filed in that office not later than 5 p.m. on March 20, 2020. Election Day is fixed as Tuesday, June 16, 2020. Any Ballot reaching the County Clerk’s Office after 5 p.m. on Tuesday, June 16, 2020 shall be voided and not counted. Nominations for the appointed Board of Supervisors #5, 6, and 9 seats and the Alternate to Seats 4, 5, 6 & 9 seat shall be pursuant to a recruitment to be conducted by the Internal Operations Committee on behalf of the Board of Supervisors, this spring. CONSEQUENCE OF NEGATIVE ACTION: Inaction by the Board would result in a delay of election of the 3, 7, and 7 Alternate members of the Contra Costa County Employees’ Retirement Association Board. AGENDA ATTACHMENTS Resolution 2020/63 MINUTES ATTACHMENTS Signed Resolution No. 2020/63 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/25/2020 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2020/63 In the Matter of the Election of Retirement Board Members Number 3, 7, and 7 Alternate Calling and Noticing Election (Government Code Section 31520.0 and 31523) The Contra Costa County Board of Supervisors acting in its capacity as the Governing Board of the County of Contra Costa and all districts of which it is the ex-officio governing Board RESOLVES THAT: The term of office of members 3, 7, and 7 alternate of the Contra Costa County Employees’ Retirement Association Board will be completed as of June 30, 2020. The members are as follows: 1. Member No.Name 3 Todd Smithey, General Member 7 William Pigeon, Safety Member 7 Alternate Donald Finley, Safety Alternate The appropriate members of the Retirement Association may elect someone to fill these offices for a three-year term beginning July 1, 2020 as provided below. Nominations shall be on forms provided by the County Clerk starting on Monday, February 24, 2020 and filed in that office not later than 5 p.m. on March 20, 2020. The Clerk shall have ballots printed with the nominees’ names and with blank spaces for write-in candidates. The Clerk shall have a ballot mailed no later than May 18, 2020 to each member of the appropriate group of the Retirement Association as of April 1, 2020 with a ballot envelope in which to enclose the ballot when voted, imprinted “Retirement Board Ballot” or similar words, together with a postage paid, Business reply envelope addressed to the County Clerk for mailing the ballot envelope to that office, and with instructions that the ballot shall be marked and returned to the County Clerk before 5 p.m. on election day. (See No. 3 below.) 2. Election Day is hereby fixed as Tuesday, June 16, 2020. Any Ballot reaching the County Clerk’s Office after 5 p.m. on Tuesday, June 16, 2020 shall be voided and not counted. 3. Notice of election and nomination procedure shall be given by the Clerk by publishing a copy of this resolution at least once in the Contra Costa Times, West Contra Costa Times, San Ramon Valley Times, and the Ledger Post Dispatch at least ten days before the last day for receiving nominations. (See No 2 above.) 4. On Wednesday, June 17, 2020, the County Clerk shall cause all valid ballots to be publicly opened, counted, and tallied by an Election Board, which shall forthwith certify the return to this Board; and this Board shall declare the winners elected, or arrange for a run-off election in case of a tie. 5. If the County Clerk receives no valid nominations for the position, he shall so inform this Board which shall call a new6. election therefore; and if the Clerk receives only one nomination for any of these positions, he shall so notify this Board which shall declare that person elected to that position in accordance with Government Code Section 31523(c). Contact: Julie DiMaggio Enea (925) 335-1077 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: County Adminstrator's Office, County Clerk-Elections Division, Retirement Board RECOMMENDATION(S): APPROVE and AUTHORIZE the County Counsel, or her designee, to execute on behalf of the County a conflict waiver acknowledging a potential conflict of interest and consenting to Liebert Cassidy Whitmore continuing to represent the County in labor negotiations while, at the same time, representing the Town of Danville in an unrelated matter involving the investigation of the conduct of a County employee. FISCAL IMPACT: There is no financial impact. BACKGROUND: The County has a relationship with Liebert Cassidy Whitmore (LCW) in the area of labor negotiations. The Town of Danville has asked LCW to represent the Town by providing advice and counsel related to a complaint by a Town employee against a County employee who provides services to the Town. LCW has advised the County that the firm’s representation of the Town in this matter is not adverse to the County’s at present, but that there is the potential for APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/25/2020 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Kate Andrus, 925-335-1824 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 25, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 66 To:Board of Supervisors From:Sharon L. Anderson, County Counsel Date:February 25, 2020 Contra Costa County Subject:APPROVE AND AUTHORIZE CONFLICT WAIVER WITH LIEBERT CASSIDY WHITMORE BACKGROUND: (CONT'D) a conflict of interest. LCW has also advised the County that (i) if an actual conflict arises, the firm will inform the County and the Town and seek additional conflict waivers, and (ii) different members of the firm represent the County and the Town and that an ethical wall exists between the attorneys representing the different agencies. A copy of the letter from LCW asking for the County’s consent is attached. CONSEQUENCE OF NEGATIVE ACTION: If the conflict waiver is not granted, LCW could not provide advice and counsel to the Town in the investigation of the complaint against a County employee. ATTACHMENTS Conflict Waiver